Resolution on the Renewal of the Mandate of the Special Rapporteur on Freedom of Expression and Access to Information in Africa - ACHPR/Res.320(LVII)2015

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The African Commission on Human and Peoples’ Rights (the Commission) meeting at its 57th Ordinary Session held from 04 to 18 November 2015, in Banjul, The Gambia:

Recalling its mandate to promote human and peoples’ rights and ensure their protection in Africa under the African Charter on Human and Peoples’ Rights (the African Charter); 

Aware that in the exercise of its mandate, the Commission has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;

Recalling the Resolution on the Mandate and Appointment of the Special Rapporteur on Freedom of Expression in Africa adopted at its 36th Ordinary Session held from 23 November to 07 December 2004 in Dakar, Senegal; 

Emphasizing that the right to freedom of expression and access to information is a fundamental human right guaranteed inter alia by Article 9 of the African Charter;

Recalling the adoption of the Declaration of Principles on Freedom of Expression in Africa (the Declaration), at its 32nd Ordinary Session held from 17 to 23 October 2002, in Banjul, The Gambia, which elaborates the nature, content and extent of the right to freedom of expression and access to information provided for under Article 9 of the African Charter; 

Reaffirming the commitment of the Commission to promote the right to freedom of expression and access to information and monitor the implementation of the Declaration within Member States of the African Union;

Recalling Resolution ACHPR/Res.84 (XXXXV) 05, appointing Commissioner Faith Pansy Tlakula, as Special Rapporteur on Freedom of Expression in Africa adopted at the 38thOrdinary Session held from 21 November to 05 December 2005, in Banjul, The Gambia; 

Recalling Resolution ACHPR/Res.122 (XXXXII) 07 on the Expansion of the Mandate and Re-appointment of the Special Rapporteur on Freedom of Expression and Access to Information in Africa adopted at the 42nd Ordinary Session held from 15 to 28 November 2007, in Brazzaville, Republic of Congo;

Recalling Resolution ACHPR/Res161 (XLVI) 09, renewing the mandate of the Commissioner Faith Pansy Tlakula, as Special Rapporteur, adopted during the 46th Ordinary Session held from 11 to 24 November 2009 in Banjul, The Gambia; 

Recalling Resolution ACHPR/Res.199 (L) 11, renewing the mandate of the Commissioner Faith Pansy Tlakula, as Special Rapporteur, adopted during the 50th Ordinary Session held from 24 October to 05 November 2011 in Banjul, The Gambia;

Further recalling Resolution ACHPR/Res.247 (LIV) 2013 on renewing the mandate of the Commissioner Faith Pansy Tlakula, as Special Rapporteur, adopted during the 54thOrdinary Session held from 22 October to 5 November 2013, in Banjul, The Gambia;

Mindful of Resolution ACHPR/Res.222 (LI) 2012 to modify the Declaration of Principles on Freedom of Expression to include Access to Information and Request for a Commemorative Day on Freedom of Information and Resolution ACHPR/Res.307 (EXT.OS/ XVIII) 2015, on the Development of Guidelines on Access to Information and Elections in Africa;

Noting with appreciation the work done by Commissioner Faith Pansy Tlakula as Special Rapporteur of Freedom of Expression and Access to Information in Africa during the past ten (10) years; 

Considering that the mandate of Commissioner Faith Pansy Tlakula as Special Rapporteur on Freedom of Expression and Access to Information in Africa will end on 18 November 2015;

Further considering the need to allow the Special Rapporteur on Freedom of Expression and Access to Information in Africa to carry out her mandate as contained in Resolution ACHPR/Res.122 (XXXXII) 07 on the Expansion of the Mandate and Re-appointment of the Special Rapporteur on Freedom of Expression and Access to Information in Africa; 

Decides to re-appoint Commissioner Faith Pansy Tlakula as Special Rapporteur on Freedom of Expression and Access to Information in Africa for a period of two years, effective from 18 November 2015.

Adopted on 17 November 2015 at the 57th Ordinary Session of the African Commission on Human and Peoples’ Rights, held from 4 to 18 November 2015 in Banjul, The Gambia