The African Commission on Human and Peoples’ Rights (ACHPR) have singled out Zimbabwe, Sierra Leone, Eritrea, Nigeria, Ethiopia, Lesotho and Cameroon as the top offending countries of press freedom.

On 13 November, Pansy Tlakula, the ACHPR’s Special Rapporteur on Freedom of Expression and Access to Information in Africa, expressed her concern for mushrooming violations against freedom of expression.

“I would like to remind member states that, unlike international human rights instruments, the African Charter does not contain a derogation clause. Thus, regardless of circumstances such as conflict, civil unrest or any other form of emergency, States have a perpetual obligation to respect, promote, protect and fulfil the right to freedom of expression as provided under the African Charter and the Declaration on the Principles of Freedom of Expression which supplements it,” Tlakula said.

She stressed that only four countries in Southern Africa - South Africa, Mozambique, Malawi and Madagascar - constitutionally protect the right to freedom of information.

“There is a need for continuous dialogue with States reminding them that adoption of effective freedom of information legislation remains a yardstick for determining transparency and accountability towards promotion of access to social and economic development in any society which lays claims to adherence to democratic ideals,” she said.

Tlakula emphasised Zimbabwe’s Access to Information and Protection of Privacy Act (AIPPA) as a case in point of failed legislation. The law only provides for access to information held by public bodies and for appeals to be submitted with the statutory Zimbabwe Media Commission and is rife with exemption provisions.

Tlakula is urging States to repeal or amend defamation laws, which are widespread throughout Africa.

Concurrently, Tlakula announced that she will initiate a new award, the African Commission Human Rights Journalist/Media Practitioner of Year Award, to honour the journalists and media professionals who have devoted their work to advancing the right to freedom of expression.