Regional Perspectives
on Media & Freedom of
Information Laws in Africa
By Edet Ojo
Executive Director
Media Rights Agenda, Lagos
Focus of Presentation
This presentation focuses on 2
ongoing regional initiatives:
• An initiative aimed at defending &
protecting FoE/Media Freedom in
Africa
• An initiative aimed at advancing the
adoption & effective implementation
of FOI laws in Africa
State of Media Laws in Africa
• In most African countries, the laws do not
adequately protect/guarantee FoE.
• Most countries continue to use repressive laws to
restrict FoE & journalistism practice
• About 48 out of Africa’s 53 countries have such
laws in one form or another.
• Only Ghana, Kenya, Mozambique, South Africa &
Togo appear to be free of such laws.
• Only a few have taken deliberate steps to
decriminalize media laws, e.g. Togo & Ghana
Forms of Obnoxious Media Laws
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The various forms & manifestations of
repressive media laws include:
Criminal libel & criminal defamation laws
Sedition/seditious libel laws
Laws on false (news) publications
Laws on incitement
Insult laws, which make it a criminal
offence to “insult” the head of state or other
government officials
Forms of Obnoxious Media Laws
• Laws which punish the publication or disclosure of
information even when such information are not
legitimately classified
• Other laws which criminalize various forms of
journalistic content & activities
• Laws which mandate the compulsory licensing of
journalists by government authorities before they
can practice
• Laws that empower government bodies or
authorities to withdraw licenses to practice or expel
journalists from the profession
Forms of Obnoxious Media Laws
• Laws which require annual licensing of
newspapers & news magazines (with
discretionary powers given to a government
body to withdraw such licenses)
• Laws which allow government officials to
proscribe or shut down media
houses/facilities
• Laws which allow security agents to seize
copies of publications or confiscate other
journalistic materials, etc.
NAFEO
• At the GM of the International Freedom of
Expression Exchange (IFEX) held in Baku
(Azerbaijan) in June 2004, African members
decided to strengthen their collaboration in
addressing these issues, among others.
• They agreed to organize a meeting of
African FoE organizations (both IFEX & nonIFEX members) to develop strategies for
collaboration for more effective defence of
FoE on the continent.
NAFEO
• A conference of African FoE organizations
was later held in October, 2005, jointly
organized by 4 groups – MFWA, MISA, MRA
& JED.
• The conference, held in Accra, brought
together 42 participants from national,
regional, & international FoE organizations.
• At the end of the conference, the participants
formed the Network of African Freedom of
Expression Organizations (NAFEO).
NAFEO
• The Network seeks to strengthen collaboration,
cooperation, solidarity & joint action to improve the
environment for FoE in Africa.
• In June 2006, a planning meeting was held in
Lagos, hosted by MRA, to set up systems for the
practical functioning & operation of NAFEO.
• The meeting agreed on a structure to promote
collaboration, ensure coordination in areas of
common action, & develop strategies for
addressing key issues affecting FoE in Africa.
NAFEO
• NAFEO has identified 6 countries which
constitute the “hot spots” of extreme
violations of media freedom & FoE in Africa,
namely: The Gambia, Ethiopia, Eritrea,
Zimbabwe, Tunisia, & Swaziland.
• NAFEO’s Secretariat is hosted by MFWA &
has a full-time Coordinator.
• It has also developed at elaborate plan of
action for engaging FoE issues over the
coming years
Challenge of Legal Protection for FoE
• A major challenge for NAFEO is how to strengthen
the legal protection of FoE in Africa
• The main instrument to protect FoE in Africa is the
AChHPR, adopted by Heads of State of the OAU
on June 26, 1981, Article 9 of which guarantees
FoE in the following terms:
1. Every individual shall have the right to receive
information
2. Every individual shall have the right to express
and disseminate his opinions within the law.
Challenge of Legal Protection for FoE
• CSOs have argued that Article 9 does not
adequately protect FoE
• Following a strong civil society lobby, the
AComHPR adopted the Declaration of
Principles on FoE in Africa in 2002
• The Declaration elaborated on the right to
FoE guaranteed by Article 9 of the AChHPR
in an effort to strengthen it.
• It also provided clearer benchmarks on FoE.
Challenge of Legal Protection for FoE
• The AComHPR has also established a
monitoring mechanism for FoE in Africa in
the form of a Special Rapporteur on FoE in
Africa.
• At its 38th Ordinary Session held in Banjul
in 2005, the Commission designated Ms
Pansy Tlakula (of South Africa) as “Special
Rapporteur on Freedom of Expression in
Africa”.
Mandate of Special Rapporteur
The mandate of the Special Rapporteur
include to:
• Analyze national media legislation, policies
& practice within Member States, monitor
their compliance with FoE standards in
general & the Declaration of Principles on
Freedom of Expression in particular, &
advise Member States accordingly.
Mandate of Special Rapporteur
• Undertake investigative missions to Member
States where reports of massive violations of the
right to FoE are made & make appropriate
recommendations to the AComHPR
• Undertake country missions & any other
promotional activity that would strengthen the full
enjoyment of the right to FoE in Africa
• Make public interventions where violations of the
right to FoE have been brought to his/her attention.
- This could be in the form of issuing public
statements, press releases, urgent appeals.
Mandate of Special Rapporteur
• Keep a proper record of violations of
the right to FoE & publish this in
his/her reports submitted to the
AComHPR; and
• Submit reports at each Ordinary
Session of the AComHPR on the
status of the enjoyment of the right to
FoE in Africa.
Special Rapporteur Mechanism
• The SR presents a very important mechanism for
improving the state of FoE in Africa.
• But the mechanism is rarely used, especially by
media professionals & media professional bodies
or journalists associations.
• NAFEO has taken a strategic decision to
strengthen & work with the SR
• It is in the enlightened self-interest of the media
community to engage the SR & assist her to
become more effective
Special Rapporteur Mechanism
• Ms Pansy Tlakula, the current Special Rapporteur
is also the Chief Electoral Officer of South Africa.
• Her contact details are:
Ms Pansy Tlakula
P. O. Box 7943
Pretoria, 0001, South Africa.
Tel. +27 12 428-5516
Fax. +27 12 428-5592
Email: tlakulap@elections.org.za
Regional Treaty/Protocol on FoE
• Despite the Declaration & the creation of the
SR mechanism, concerns remain that the
legal protection of FoE in Africa is weak.
• A major argument is that the Declaration is
merely a statement of principles & not legally
enforceable
• NAFEO & its member organizations are
therefore engaged in a campaign to
encourage the AU to adopt a Treaty or
Protocol on FoE in Africa.
Regional Treaty/Protocol on FoE
• The Treaty/Protocol will set common
minimum standards for the protection of
FoE & media freedom for African countries
• It will be legally binding on all African
countries/state parties (depending on
whether it is a protocol or a treaty)
• It will have enforcement mechanisms,
including through the African Court & the
sub-regional courts
Freedom of Information
• The mandate of the Special Rapporteur
was recently expanded to cover FOI
• She is now Special Rapporteur on
Freedom of Expression & Information in
Africa
• This is of critical importance given that
Africa is lagging behind in the global
movement towards the adoption of
Freedom of Information Laws
State of FOI Laws in Africa
Currently, only a handful of countries in Africa have
FOI laws:
• South Africa (Promotion of Access to Information
Act, 2000) & Uganda (Access to Information Act,
2005) have adopted FOI laws, although Uganda
continues to face the challenges of implementation
• Zimbabwe (Access to Information & Protection of
Privacy Act, 2002) & Angola (Access to
Administrative Documents Act, 2005) have also
adopted laws which lay claims to being FOI laws,
but which do not meet the standards for FOI laws.
State of FOI Laws in Africa
• While East and southern Africa have made
some progress, the situation is
disheartening in West, Central & North
Africa
• No single francophone country in the
region has a law or has made any
appreciable progress towards adoption
Initiating an FOI Movement in Africa
• This situation informed a 2-day regional workshop
on FOI in Africa held in Lagos is Sept. 2006 by
MRA & OSJI.
• It was attended by representatives of 30 CSOs
from 16 countries
• The workshop adopted the “Lagos Declaration on
the Right of Access to Information” with a
resolution to establish a regional Freedom of
Information Centre in Africa
• The main rationale for the Centre is to create a
platform for cooperation & collaborative activities
among CSOs in the region.
FOI Country Initiatives in Africa
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At the moment, there are a number of draft
FOI laws in different stages of progress in
various African countries, including:
Ghana (draft Right to Information Bill 2003)
Kenya (Freedom of Information Bill 2005)
Liberia (draft Freedom of Information Bill
2007)
Malawi (draft Access to Information Bill
2004)
FOI Country Initiatives in Africa
• Mozambique (draft Right to Information Bill
2005)
• Nigeria (Freedom of Information Bill 1999,
2003, 2004 & 2005, 2007)
• Sierra Leone (draft Freedom of
Information Bill 2006
• Tanzania (draft Right to Information Bill
2006)
• Zambia (draft Freedom of Information Bill)
Other Countries Discussing FOI
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FOI is also in various stages of discussion,
although no drafts are under consideration in:
Benin Republic
Bostwana
Burkina Faso
Ethiopia
Lesotho
Mali
Namibia
Senegal
Consensus at Lagos Workshop
There was consensus at the workshop
on a number of issues, including:
• There is a huge deficit in collaborative
activities among CSOs in the region on
FOI
• There is too much dependence on nonAfrican frameworks which though useful
& important, frequently lack proper
appreciation of the context
Consensus at Lagos Workshop
• Relevant expertise in the region in the areas
of drafting, advocacy, monitoring,
implementation & litigation that are not being
sufficiently tapped & utilized
• Much of the relevant experience garnered by
CSOs in the region has not been sufficiently
documented & shared
• CSOs in the region working on FOI issues
need to upscale networking & collaboration
within the region
What are the Needs?
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It was also observed that many organizations in the
region working on FOI issues require assistance:
With drafting good FOI Laws
With reviewing or analyzing their draft FOI Laws
With developing context-specific advocacy
strategies
With developing monitoring mechanisms
With developing implementation strategies
With developing litigation strategies
What are the Needs?
• They also need a platform to share ideas,
experiences & best practices on FOI
advocacy, monitoring, implementation &
litigation
• They require a framework to initiate &
coordinate joint advocacy campaigns,
especially at regional levels (e.g. for
appropriate regional instruments)
• They require a framework for mobilizing
regional & sub-regional solidarity in specific
country situations
AFIC
The Africa Freedom of Information Centre
was therefore established to meet these
needs, in the hope that it can serve as:
• The engine room for a regional network or
coalition around FOI
• A platform for coordinating the sharing of
ideas, experiences & best practices on FOI
advocacy, monitoring & implementation
• A platform for mobilizing solidarity across
the region for a specific country situation.
AFIC
• A vehicle for launching joint regional
campaigns & advocacy
• A source of advice, support & assistance to
CSOs involved in any stage of FOI work
• A framework for the provision of effective
technical assistance in drafting FOI laws,
developing context-specific advocacy
campaigns & developing monitoring &
implementation strategies
AFIC
• The Centre is registered under Nigerian
laws under the Africa Freedom of
Information Trust
• It is hosted by Media Rights Agenda in
Lagos, with a full-time coordinator
• It currently has an 8-member Steering
Committee, with representatives from all
the sub-regions, except North Africa which
is not yet represented
Conclusion
• Tanzanian groups are not yet involved in any of
these initiatives, despite their relevance to the
present circumstances in Tanzania.
• There is no Tanzania member in NAFEO (But IFJ
Africa Office/MISA are actively involved)
• There is also no Tanzania member in AFIC (But IFJ
Africa Office/MISA are actively involved)
• Tanzanian groups & media professionals need
engage these initiatives to contribute to the regional
efforts, to learn from others & to share their
experiences