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PANEL DISCUSSION
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“Protection of the rights to free expression, privacy for journalists and HRDs”
Forum on the participation of during the 54th Session of the African Commission on Human and Peoples’ rights and 28th African Human Rights Book Fair
18-20 October 2013
Kairaba Beach Hotel, The Gambia
Introduction
The twin rights of free expression and privacy are fundamental to the existence and consolidation of democracy, including accountability of Governments on the African continent. Government accountability is necessary in creating sustainable, peaceful, secure and prosperous societies.
Due to this importance, the right to freedom of expression is a fundamental pillar in various international and regional legal instruments. This right is enshrined in Article 19 of the Universal Declaration of Human Rights; Article 19 of the International Convention on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights (“the African Charter”).
The African Union has taken further measures to enhance and protect freedom of expression. Apart from Article 9 of the Africa Charter, the Africa Commission on Human and People’s rights (“ACHPR”) adopted a Model Law on Access to Information which could provide a normative framework on which national legislation could be modeled on towards the creation of more accountable and transparent governments.
Because of the critical role that the media plays in promoting the enjoyment of FoE, the ACHPR in May 2011 adopted a resolution expressing deep concern over “declining safety and security situation of journalists and media practitioners in some African countries” and called for their protection. Similarly, the Special rapporteur on freedom of expression and access to information is leading a campaign for the abolition of laws and practices that have been used to silence critical press.
Corollary to the above, the right to privacy is often understood as an essential requirement for the realization of the right to freedom of expression. Undue interference with individuals’ privacy can both directly and indirectly limit the free development and exchange of ideas. In this regard, this right is enshrined in article 17 of ICCPR and in article 17 of the Human Rights Committee General Comment No. 16 (1988), and General Comment No. 34 (2011) where the Human Rights Committee indicated that States parties should take account of the extent to which developments in information and communication technologies have substantially changed communication practices.
2. States’ repression of the right to free expression
Despite these measures many journalists and other HRDs in Africa continue to face state-sponsored repression that hinder their right to free expression and often find their lives and limb being endangered.
In their Report, media rights group Reporters Without Borders or Reporters sans frontières (RSF) raised concerns on the increasing repression of free expression on the continent and named seven worst press freedom predators who regularly harass and persecute journalists, who include presidents of Zimbabwe, Gambia Eritrea, Equatorial Guinea, Rwanda, Swaziland and Somalia’s Islamist militias (Al-Shabaab and Hizb-Al-Islam).
Instances of serious attacks on journalists with impunity are too numerous to recount here but have been reported in Somalia, Ethiopia, Zimbabwe and the Gambia. These violations call not only for a change in laws and policies but political will to initiate and sustain such changes in practice.
One way through which states have managed to repress the right to free expression is by interference with the right to privacy through surveillance. This is achieved mainly through interceptions of communication and other modes of monitoring of HRDs and journalists are mainly targeted because of the central role they play in informing citizens. Such practices, which have been increasing sharply, are often vaguely justified on the basis of vague notion of national security, which is often nothing but interests of the ruling parties. Both state surveillance and other forms of information control by governments without proper safeguards hinder consolidation of democracy, including accountability of Governments on the African continent. Consequently this hinders social change and development.
4. Focus and objective
The panel discussion will be an opportunity to harness regional and international expertise and comparative experiences on how the protection of the twin rights of expression and privacy both at national and regional levels could be strengthened both in policy and practice. In particular the panel will look at what gaps, if any, are there in bringing the current policy, legislative and practice frameworks in line with international standards and norms, and other comparable national and regional regulatory standards that exhibit best practice. This will be achieved by looking at:
1. Current state of policy and practice on press freedom and the protection of journalists as they exercise the right to impart information and facilitate access to information.
2. Current state of policy and practice in state digital surveillance and how this undermines HRDs’s right to privacy and expression.
5. Key Outcomes
1. The discussion aims at harnessing regional and international expertise and comparative experiences and help to raise public awareness of individual rights and enhance capacity of the civil society to advocate for/exercise its rights.
2. Trigger discussions for changes in laws, policies and practices relating to state and state-sponsored repression on the rights of expression/information access and state surveillance and privacy at national and sub regional levels. To this end the he International Principles on the Application of Human Rights to Communications Surveillance will be introduced.
3. Ensure that officials (commissioners & other regional officials) are more aware of international standards, remedies and mechanisms available so they can begin to mainstream these rights in policy discourse and effectively take up cases relating to violations of expression and privacy rights.
6. Format of the panel
There will be brief presentations by experts on the first three objectives, and then there will be a panel that will take the format of a round table discussion in order to encourage a sharing of viewpoints while developing a more complex analysis. It will allow for a lively interaction between the panellists and other participants. The Moderator will be responsible for setting the tone of the discussion. From this point, the Moderator will ask panellists to respond to some questions on issues identified. Concluding remarks by the moderator and other panellists will follow the interactive discussion. The Moderator will decide the order in which questions will be asked. There will be an assigned minute taker who captures the main points for reporting purposes and a comprehensive report will be produced and disseminated.
7. Composition and biography of the Panel
Given the inter-disciplinary nature of the subject the panel is drawn from diverse backgrounds that include media, law and human rights and will reflect Africa’s main sub-regions.
Draft programme
11:45-12:00: Opening statement: IHRDA
12:00-12:10: Current state of policy and practice on press freedom and the protection of journalists in Africa - Henry Maina, ARTICLE 19
12:10-12:20: Digital surveillance and safety of journalists in Ethiopia - Befekadu Haillu, ARTICLE 19
12:20-12:30: State Surveillance in the digital age: the implications for freedom of expression and the right to privacy, current trends - Arthur Gwagwa, Zimbabwe Human Rights NGO Forum
12:30-12:40: Case study: Are Privacy and Expression Rights Protected in Zimbabwe? –Patience Zirima, Media Alliance, Zimbabwe
12:40-1300: Plenary
Moderator: Meskerem Geset
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