Resolution on the Appointment of the Special Rapporteur on Freedom of Expression and Access to Information in Africa - ACHPR/Res.377(LXI)2017

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The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 61st Ordinary Session held from 01 to 15 November 2017, in Banjul, The Gambia:

Recalling its mandate to promote human and peoples’ rights and ensure their protection 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 monitor the implementation of the Declaration within Member States of the African Union;

Recalling Resolution ACHPR/Res.84 (XXXXV) 05 appointing Advocate Pansy Tlakula as the Special Rapporteur on Freedom of Expression in Africa and Resolution ACHPR/Res.122 (XXXXII) 07 on the Re-appointment and Expansion of the Mandate of the Special Rapporteur on Freedom of Expression and Access to Information in Africa;

Further recalling Resolution ACHPR/Res161 (XLVI) 09Resolution ACHPR/Res.199 (L) 11Resolution ACHPR/Res.247 (LIV) 2013 and Resolution ACHPR/Res.320 (LVII) 2015 renewing the mandate of Advocate Pansy Tlakula as the Special Rapporteur, adopted during the 46th Ordinary Session, the 50th Ordinary Session, the 54th Ordinary Session and the 57th Ordinary Session of the Commission respectively;

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

Considering that the mandate of Advocate Pansy Tlakula, as a Member of the Commission and Special Rapporteur, came to an end on 01 November 2017;

Noting with appreciation the work done by Advocate Pansy Tlakula as the Special Rapporteur on Freedom of Expression and Access to Information in Africa; 

Decides to appoint Commissioner Lawrence Murugu Mute as the Special Rapporteur on Freedom of Expression and Access to Information in Africa for a period of two years, effective 15 November 2017.

Done in Banjul, The Gambia, 15 November 2017