Freedom of Expression
2005
JOINT DECLARATION
by
the ACHPR Special Rapporteur for Freedom of Expression and the IACHR-OAS Special Rapporteur on Freedom of Expression
Having met at the OAS Headquarters in Washington, D.C. during the week of February 28, 2005 with the assistance of ARTICLE 19, Global Campaign for Freedom of Expression ;
Recalling and reaffirming the importance of the right to freedom of expression for the consolidation of democracy and the rule of law and for the enjoyment of other human rights;
Noting the importance of regional mechanisms in promoting the right to freedom of expression and the need to promote such mechanisms in every region of the world;
Welcoming the recent creation of a Rapporteurship on Freedom of Expression in the African Commission on Human and Peoples’ Rights;
Reaffirming the principles enshrined in the Declaration of Principles on Freedom of Expression in Africa approved by the African Commission on Human and Peoples' Rights in October of 2002 and the Declaration of Principles on Freedom of Expression approved by the Inter-American Commission on Human Rights in November of 2000;
Acknowledging the progress that has been made in some of the countries in our regions with respect to the protection of the rights to freedom of expression and access to information;
Expressing concern about the many challenges still facing freedom of expression in our regions;
Adopt the following Declaration:
- All members of society must be free to discuss issues of public interest and to participate freely in public debates without fear of reprisal, either in the form of physical attacks and aggression or through judicial measures.
- Journalists and other media workers, as well as human rights defenders, are frequently the targets of threats, assaults, and assassination in many countries in both Africa and the Americas. These crimes have a chilling effect on freedom expression that is exacerbated when governments fail to investigate such crimes thoroughly and to bring the perpetrators to justice.
- Criminal defamation laws are frequently used in both the countries of the Americas and of Africa to stifle criticism of public officials. In democratic societies, the activities of public officials must be open to public scrutiny. Criminal defamation laws intimidate individuals from exposing wrongdoing by public officials and such laws are therefore incompatible with freedom of expression.
- Freedom of expression requires that many different points of view can be heard. State control of media, as well as laws and practices that permit monopolies in ownership of media companies, limit plurality and prevent the public from hearing certain points of view.
Andrew Chigovera, ACHPR Special Rapporteur for Freedom of Expression
Eduardo Bertoni, IACHR-OAS Special Rapporteur on Freedom of Expression