Freedom of expression, including freedom of the press, under the African Charter on Human and Peoples' Rights

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Periodical article

Title:	Freedom of expression, including freedom of the press, under the African Charter on Human and Peoples' Rights
Author:	Acheampong, Kenneth Asamoa
Year:	1997
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	10
Issue:	1
Pages:	57-73
Language:	English
Geographic term:	Africa
Subjects:	African agreements human rights freedom of speech freedom of the press African Charter on Human and Peoples' Rights
Abstract:	The African Charter on Human and Peoples' Rights, 1981, makes provision, in its article 9, for the right to freedom of expression in Africa. It does not expressly provide for the freedom of the press, although this does not mean that the press is excluded from the exercise of freedom of expression. Unfortunately, however, article 9 of the African Charter is cast in a form that makes its provisions on the right to freedom of expression diluted. As these provisions stand, they can be deemed as clawback clauses which have the effect of subjecting the enjoyment of basic rights to national law without specifying, as derogation clauses do, the circumstances under which national restrictions on such rights would be permissible. It appears that the framers of the African Charter have not provided adequate protection of the Charter's right to freedom of expression. Notes, ref.