I. Introduction
1. The Special Mechanism on Freedom of Expression and Access to Information in Africa (Special Mechanism) was established by the African Commission on Human and Peoples’ Rights (‘African Commission’ or ‘Commission’) in 2004 to support the realisation of Article 9 of the African Charter on Human and Peoples’ Rights (African Charter) which establishes the right to freedom of expression and access to information.
2. The terms of reference of the Special Mechanism include:
a) Analysing media legislation, policies and practice within States Parties to the African Charter in relation to their compliance with freedom of expression and access to information standards in general and the Declaration of Principles on Freedom of Expression in Africa in particular;
b) Undertaking fact-finding missions to Member States in relation to reports of systemic violations of the right to freedom of expression and denial of access to information and making appropriate recommendations to the African Commission;
c) Undertaking promotion Missions and other activities to strengthen the full enjoyment of the right to freedom of expression and the promotion of access to information in Africa;
d) Making other interventions regarding violations of the right to freedom of expression and access to information, including by issuing public statements and press releases, and sending appeals to States Parties;
e) Keeping a proper record of violations of the right to freedom of expression and denial of access to information; and
f) Submitting reports at each Ordinary Session of the African Commission on the status of the enjoyment of the right to freedom of expression and access to information in Africa.
3. This Advisory Paper (Paper) is prepared by the Special Rapporteur on Freedom of Expression and Access to Information in Africa (the Special Rapporteur), Commissioner Lawrence Mute, for the Federal Government of Nigeria (Government).
4. The aim of the Paper is to provide suggestions and recommendations which the Government and other stakeholders should consider implementing with a view to ensuring full implementation of the Freedom of Information Act (2011)
