African Commission on Human and Peoples’ Rights
83rd Ordinary Session
02 to 22 May 2025
Banjul, The Gambia
Intersession Report
Presented by
Honourable Commissioner Topsy-Sonoo
Special Rapporteur on Freedom of Expression and Access to Information in Africa.
Contents
I. Introduction
II. Activities involving the Special Mechanism
- Protection activities
- Promotion activities
III. Assessment of the human rights supervised by the mechanism in Africa
- Access to Information
- Freedom of expression – The Safety of Journalists
- Freedom of Expression and Access to Information on the Internet
IV. Conclusions and Recommendations
I. INTRODUCTION
1. Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter) provides that: “(1) every individual shall have the right to receive information;” and “(2) every individual shall have the right to express and disseminate his opinions within the law.”
2. The special mechanism on freedom of expression and access to information in Africa was established by the African Commission on Human and Peoples’ Rights (the Commission) to monitor adherence to freedom of expression standards and to propose appropriate recommendations to the Commission and States Parties. It was subsequently expanded to include the right to access information.
3. This report is presented in accordance with Rules 25(3) and 64 of the Commission’s Rules of Procedure (2020) and covers activities undertaken by the special mechanism on freedom of expression and access to information in Africa, during the intersession period between November 2024 to May 2025.
II. Activities involving the Special Mechanism
Protection activities (Press release and urgent appeals)
4. In line with special mechanism’s mandate to “make public interventions where violations of the right to freedom of expression and access to information have been brought to the mechanism’s attention, including by issuing public statements, press releases, and sending appeals to Member States asking for clarifications,” the following interventions were issued:
• Joint Letter of Urgent Appeal to Benin
5. On 27 January 2025, a Joint Letter of Urgent Appeal was issued, in collaboration with the Commissioner Rapporteur for human rights situation in the Republic of Benin, in response to reports on the suspension of various media outlets by the High Authority for Audiovisual and Communication (HAAC). These suspensions were accompanied by the revocation of press credentials for the publisher of L’Audace Infos, Mr Romuald Alingo.
6. The Letter requested clarification regarding the suspension of the media outlets and called on the Government of Benin to reaffirm the indispensable role of the media as the fourth estate by taking all necessary measures to provide journalists and other media practitioners with an environment conducive to free expression without undue interference or fear of reprisal, from State and non-State actors.
• Joint Letter of Urgent Appeal to Guinea
7. On 31 January 2025, a Joint Letter of Urgent Appeal was issued, in collaboration with the Commissioner Rapporteur for human rights situation in the Republic of Guinea and Chairperson of the Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa. The Letter was issued in response to allegations of the abduction and enforced disappearance of Mr. Habib Marouane Camara on 03 December 2024 by armed men in military uniforms. Reports indicated that his next of kin had no information on his whereabouts, nor the reason for his abduction.
8. The Letter requested clarification regarding the reported enforced disappearance of Mr. Camara, called on the Government to urgently carry out an independent and impartial investigation into Mr. Camara’s whereabouts, in addition to taking the necessary measures to ensure that the domestic laws in Guinea reflect the absolute prohibition against enforced disappearances.
• Joint Letter of Urgent Appeal to Mozambique
9. On 31 January 2025, a Joint Letter of Urgent Appeal was issued, in collaboration with the Chairperson of the Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, in addition to the Commissioner Rapporteur for human rights situation in the Republic of Mozambique, following reports of the enforced disappearance and death of Mr. Arlindo Chissale. Reports indicate that the death of Mr. Chissale was confirmed by his brother on 22 January 2025, fifteen days after his disappearance on 07 January 2025.
10. The Letter called on authorities to carry out investigations into the reported enforced disappearance and death of Mr. Chissale, ensure that the perpetrators are brought to justice, with effective remedy and reparation provided to Mr. Chissale‘s immediate family and dependents, in addition to adopting laws prohibiting the crime of enforced disappearance.
• Joint Letter of Urgent Appeal to Mali
11. On 21 February 2025, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for human rights situation in the Republic of Mali, in addition to the Chairperson of the Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa. The Letter was issued in response to allegations regarding the abduction of Mr. Daouda Magassa, a member of the “Coordination des mouvements, associations” (CMAS) on 05 February 2025, by Malian intelligence agents in civilian clothes.
12. The Letter, inter alia, requested information on the veracity of the allegations and called on the Government of Mali to investigate the abduction of Mr. Magassa in order to determine his whereabouts and secure his release.
• Joint Letter of Urgent Appeal to Burkina Faso
13. On 02 April 2025, a Joint Letter of Urgent Appeal was issued in collaboration with the Commissioner Rapporteur for human rights situation in Burkina Faso, regarding the alleged abduction and arbitrary detention of Mr. Guézouma Sanogo, a journalist with Radio Télévision du Burkina (RTB) and President of the Association of Journalists of Burkina Faso (AJB), and Mr. Boukari Ouoba, an investigative journalist and vice-president of AJB on Monday 24 March 2025 by individuals claiming to be from the intelligence service. Further reports indicate that the alleged arrest was perpetrated without any legal warrant.
14. The Letter requested clarification regarding the reported abduction and arbitrary detentions and called on the authorities to urgently carry out an independent and impartial investigation, in addition to taking all reasonable measure to ensure their immediate release.
• Letter of Urgent Appeal to Burundi
15. On 09 April 2025, a Letter of Urgent Appeal was issued regarding the conviction and sentencing of Ms. Sandra Muhoza, a journalist working with the online media La Nova Burundi, reportedly based on information that Ms. Muhoza had shared in a private WhatsApp group for media professionals.
16. The Letter requested clarification on the allegations and further called on the authorities to ensure the right to privacy, including the confidentiality of personal communication.
LETTERS OF COMMENDATION
17. In addition to interventions in situations where violations have occurred, the Special Mechanism issues letters of commendation and appreciation, noting efforts to implement the rights of access to information and freedom of expression.
• Letter of Commendation to Nigeria
18. On 28 April 2025, a Joint Letter of Commendation was issued in collaboration with the Commissioner Rapporteur for human rights situation in Nigeria, welcoming the recent judgment of the Supreme Court of Nigeria on the Freedom of Information Act (FOIA) 2011, which unanimously affirmed that this Act applies to all tiers of Government, including State institutions. In its judgement, “the Court noted that the FOIA, enacted to promote transparency, citizen engagement, and accountability in public governance, is binding across the federation.” This landmark decision marks a reversal of the majority ruling by the Court of Appeal Benin Division which had held that the FOIA only applies to Federal Ministries, Departments, and Agencies.
Statement commemorating World Press Freedom Day 03 May 2025
19. In commemoration of World Press Freedom Day, commemorated annually on 03 May, a Press Statement was issued which reiterated the fundamental principles of press freedom. The Statement deplored recent reports of violations of freedom of expression and press freedom including the arrest, detention and conviction of journalists on the basis of laws which are not justifiable and compatible with international human rights law and standards, among others. The marked increase in reports of the enforced disappearances of journalists and media personalities was also strongly condemned, with States Parties called on to take effective legal and other measures to investigate, prosecute and punish perpetrators of attacks against journalists and other media practitioners, and further to provide effective remedies to victims.
Promotion activities (workshops and events)
20. The following promotion activities were undertaken during the intersession period:
- Briefing by AccessNow on Internet Shutdowns on 14 March 2025;
- Briefing on the human rights situation in the occupied territories of the Sahrawi Arab Democratic Republic on 19 March 2025;
- Meeting with the Council of Europe Cybercrime Programme Office to discuss possible areas of collaboration, on 24 March 2025;
- Delivering keynote address during the Webinar on Internet Shutdown webinar, 25 March 2025;
- Meeting to discuss issues related to disinformation with ICNL, on 10 April 2025;
- Consultation with the Ethiopia National Human Rights Institution and Civil society Organizations on Ethiopia’s Periodic Report, on 17 April 2025;
- Delivering opening statement at the Electoral Stakeholder Engagement for Zambia and Malawi, on 23 April 2025;
- Meeting stakeholders to discuss celebrations for World Press Freedom Day 2025.
III. Assessment of the human rights supervised by the Mechanism in Africa
Access to Information
21. The right to information, enshrined in Article 9(1) of the African Charter, is a fundamental human right necessary for the enjoyment of other human rights. The right to seek and receive information is essential for a transparent and accountable Government.
22. A crucial element to ensure effective enforcement of this right is through the enactment of national laws on access to information. To date twenty-nine (29) States in Africa have adopted such laws, including: Angola; Benin; Burkina Faso; Cape Verde; Cote d’Ivoire; Ethiopia; The Gambia; Ghana; Guinea; Kenya; Liberia; Malawi; Morocco; Mozambique; Namibia; Nigeria; Niger; Rwanda; Seychelles; South Africa; South Sudan; Sierra Leone; Sudan; Tanzania; Togo; Tunisia; Uganda; Zambia; and Zimbabwe.
23. An additional important aspect to ensure the right to access information is through the adoption of judgments by Courts which reinforce the importance of this right. To this end, the special mechanism commends “the Supreme Court of the Federal Republic of Nigeria which recently adopted a landmark judgment which unanimously affirmed that the Freedom of Information Act (FOIA) 2011 applies to all tiers of Government, including State institutions. This judgment will undoubtedly further enhance implementation of the right of access to information in Nigeria.
Freedom of expression – The Safety of Journalists
24. The Declaration of Principles on Freedom of Expression and Access to Information in Africa (the Declaration) provides in Principle 20 that “States shall guarantee the safety of journalists and other media practitioners.” In order to buttress this, the Commission has adopted a number of Resolutions which have condemned attacks against journalists, media practitioners, in addition to attacks directed against media houses.
25. During the intersession period, the special mechanism has received reports of attacks against journalists in Somalia, allegations of the enforced disappearances of a number of journalists and columnists in Burkina Faso, in addition to reports of the forced unlawful conscription of journalists. Additionally, reports of journalists being harassed attacked and detained while reporting on election related events are recurring. As noted in the Commission’s World Press Freedom Day statement, issued on 03 May 2025, the Commission strongly condemns all attacks on press freedom, particularly the reported abductions and enforced disappearances, and calls on States to ensure that these violations are investigated and prosecuted.
Freedom of Expression and Access to Information on the Internet
26. Principle 5 of the Declaration provides that “The exercise of the rights to freedom of expression and access to information shall be protected from interference both online and offline.”
27. In order to enhance promotion and protection of these rights online, the Commission recently adopted Resolution 630 on developing Guidelines to assist States monitor technology companies in respect of their duty to maintain information integrity through independent fact checking and Resolution 631 on working towards the assessment of public interest content in this digital era and developing guidelines to ensure a public interest element for all platforms operating in Africa.
28. These two Resolutions mandate the special mechanism to develop soft law documents with the aim to guide States Parties, and other stakeholders, enhance promotion and protection of the rights enshrined in Article 9 of the African Charter.
IV. Conclusions and Recommendations
To States Parties:
i. Adopt legislation on the right to access information, in accordance with international standards and as elaborated in the Commission’s Model Law on Access to Information for Africa;
ii. Appoint independent oversight mechanisms mandated to monitor implementation of national legislation on access to information;
iii. Adopt laws or policies to ensure the protection of journalists and media practitioners, and specifically during election periods;
iv. Investigate all reports of attacks against journalists, including reports of enforced disappearance and forced conscription of journalists, and adopt laws criminalizing enforced disappearance in accordance with the Commission’s Guidelines on the Protection of All Persons from Enforced Disappearances in Africa;
v. Support the initiatives of the special mechanism, in order to ensure protection of the rights enshrined in Article 9 of the African Charter.
To NHRIs and NGOs:
i. Popularize all the soft law documents adopted by the Commission related to freedom of expression and access to information;
ii. Collaborate with the special mechanism through submission of reports and complaints on violations of the right of freedom of expression and access to information in Africa;
iii. Support the initiatives of the special mechanism, in order to ensure protection of the rights enshrined in Article 9 of the African Charter.
I thank you for your attention.
