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MANDATE OF THE SPECIAL RAPPORTEUR ON FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION
The Special Rapporteur on Freedom of Expression and Access to Information is one of the special mechanisms overseen by the African Commission on Human and Peoples’ Rights. The Special Rapporteurship was created in 2004 during the Commission’s 36th Ordinary Session. See, e.g., ACommHPR, Resolution 71, Resolution on the Mandate and Appointment of a Special Rapporteur on Freedom of Expression in Africa, 7 December 2004. Its purpose is to promote and protect the freedom of expression throughout the African Union (AU) Member States.
COMPOSITION AND WORKING METHODS
The Commission appoints Special Rapporteurs either by a consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights, 2010, Rule 23(2). The mandate of the Special Rapporteur on Freedom of Expression and Access to Information has been renewed by the Commission several times, typically every two years. See, e.g., ACommHPR, Resolution 122, Resolution on the Expansion of the Mandate and Re-appointment of the Special Rapporteur on Freedom of Expression and Access to Information in Africa, 28 November 2007. As of October 2014, each individual appointed as Special Rapporteur has been a Commissioner, simultaneously serving on the African Commission.
The Special Rapporteur undertakes a number of duties, including providing guidance on alleged violations, analyzing States’ domestic laws and their compliance with international standards, and conducting visits to Member States.
Guidance on Alleged Violations
The Special Rapporteur provides the Commission with guidance in responding to communications that concern the freedom of expression and access to information. The mandate holder may lend expertise and insight during the Commission’s considering of complaints related to his or her mandate.
The Special Rapporteur is responsible for keeping an accurate record of alleged violations, and publishing these occurrences in the reports that he or she submits to the Commission. The Special Rapporteur may ask the relevant Member State for clarification regarding an alleged violation. See id.
The mandate holder also writes letters of appeal to State officials, requesting them to investigate allegations of violations of the freedom of expression. See, e.g., Pansy Tlakula, Intersession Activity Report, 50th Ordinary Session (2011).
Analysis of National Practices and Policies
The Special Rapporteurship evaluates Member States’ laws and makes recommendations, encouraging the States to better align their policies with their obligations under the African Charter on Human and Peoples’ Rights and other international standards, including the Declaration of Principles on Freedom of Expression in Africa.
The Special Rapporteur led the drafting process for the Model Law on Access to Information in Africa, which provides State lawmakers with guidance toward preparing national legislation that meets international standards.
The Special Rapporteurship writes letters of appreciation to Member States that have made significant progress in protecting and promoting the freedom of expression and access to information. See, e.g., Pansy Tlakula, Activity Report of the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Intersession Activity Report, 50th Ordinary Session (2011).
Country Visits
The Special Rapporteur’s mandate authorizes country visits to Member States, with their consent. During these visits, which are also known as missions, the Special Rapporteur investigates alleged violations of the freedom of expression, and makes recommendations to the State on how to increase respect for the freedom of expression.
According to Rule 60 of the Commission’s Rules of Procedure, after the completion of a mission, the Special Rapporteur has a duty to publish a Mission Report, which may be found on its website. These reports contain general recommendations to the State, and often include specific recommendations to actors including the international community and civil society, among others.
States are encouraged to cooperate with the Special Rapporteur to ensure that he or she is able to engage with individuals whose freedom of expression or access to information has been violated, government officials, and civil society organizations. See ACommHPR, Resolution 71, Resolution on the Mandate and Appointment of a Special Rapporteur on the Freedom of Expression in Africa, 7 December 2004.
RECEIVING INFORMATION
The Special Rapporteur is responsible for seeking and receiving information from individuals, governmental and non-governmental organizations and institutions, and other stakeholders concerning cases or situations that involve the freedom of expression and access to information.
Along with information gathered from such actors and during missions, the Special Rapporteur disseminates and obtains information through promotional activities, such as delivering speeches at conferences, participating in panels, publishing press releases, and holding interviews. See, e.g., Pansy Tlakula, Activity Report of Pansy Tlakula as the Special Rapporteur on Freedom of Expression and Access to Information in Africa & Member of the African Commission on Human and Peoples’ Rights, Intersession Activity Report, 54th Ordinary Session (2013).
The Special Rapporteur has collaborated with other relevant Rapporteurs of the Inter-American human rights system, Organization for Security and Co-operation in Europe, and the United Nations in publishing joint declarations to advance the freedom of expression. See, e.g., Declaration on Freedom of Expression and the Internet, 1 June 2011.
On the basis of information received, the Special Rapporteur may propose that the Commission take a certain action or decision, or he or she may raise awareness of an issue in his or her reports, press releases, public statements, or other activities.
ACTIVITY REPORTS
The Special Rapporteur submits Intersession Activity Reports to the Commission each year, which outline the activities the Special Rapporteurship has undertaken. The Commission also prepares an annual Activity Report that it submits to the African Union Assembly, which includes information gathered from the Special Rapporteur, summarizing positive developments and areas of concern regarding human rights in Africa.
CONTACT INFORMATION
The Special Rapporteur may be contacted by:
- Mail:
Special Rapporteur on Freedom of Expression and Access to Information
31 Bijilo Annex Layout, Kombo North District
Western Region P.O. Box 673 Banjul
The Gambia
- Email: The Special Rapporteur’s website contains an automated system to send the rapporteur emails, by selecting the “Contact Commissioner” link.
The Special Rapporteur does not accept individual complaints or requests for provisional measures. Such communications must be addressed to the African Commission on Human and Peoples’ Rights. For additional information, see the Commission’s Guidelines for the Submission of Communications or IJRC’s resources on the African human rights system.