Twenty years after the Windhoek Declaration on press freedom

majority of <strong>the</strong> cases brought by
public officials. The <strong>Declaration</strong> of
Principles on Freedom of Expression
in Africa has called on states to
revise <strong>the</strong>ir laws on defamation
(principle XII).
Even countries with traditions of
freedom of expression have witnessed
a rise in <strong>the</strong> use of defamation laws
to pressure journalists to disclose
<strong>the</strong>ir sources and/or to silence <strong>the</strong>
press. Senegal and Benin are cases
in point. In Senegal, since 2000,
<strong>the</strong>re have been an unprecedented
number of cases of defamation
filed by influential public officials.
Recently in Senegal and Ivory Coast,
journalists have been sued for
stealing administrative documents.
Countries in conflicts or post conflicts
also abuse national security
laws as an alibi to keep <strong>the</strong> press
away from reporting on <strong>the</strong> situation
in <strong>the</strong> ground and enlightening
<strong>the</strong> public.
Around Africa, significant numbers
of journalists have been jailed under
such criminalising legislation, and
only very few of <strong>the</strong>m have had fair
trials.
Countries such as DRC, Eritrea,
Ethiopia, Gambia, Libya, Equatorial
Guinea, Rwanda, Sudan, Zimbabwe
and Swaziland have been <strong>the</strong> most
prominent in abusing harsh laws
to stifle freedom of expression.
The case of Eritrea is extremely
alarming: since 2001, more than a
dozen journalists have been held
incommunicado and without any
form of trial, accused of treason
and conniving with <strong>the</strong> enemy —
‘Ethiopia’ among o<strong>the</strong>rs. All private
media houses are banned in Eritrea.
Despite international outcry and
numerous condemnations, including
a decision of <strong>the</strong> African Commission
on Human and People’s Rights in
2007, <strong>the</strong>se Eritrean journalists are
still languishing in prison under
inhuman and degrading conditions.
Some have died.
In The Gambia, journalists continue
to work in an environment of
fear and <strong>the</strong>ir security remains
fragile. Court actions and arbitrary
detentions using harsh media laws
have made The Gambia one of <strong>the</strong>
most unsafe places for journalists in
West Africa.
In Rwanda, <strong>the</strong> “genocide ideology
and sectarianism law” is particularly
over-broad. It includes a number of
undue and unreasonable restrictions
that violates international standards.
Over <strong>the</strong> past <strong>years</strong>, numerous
law suits have been filed under this
draconian law and in most instances
political opponents have been targeted.
“Around Africa,
significant numbers
of journalists have
been jailed under
such criminalising
legislation, and only
very few of <strong>the</strong>m have
had fair trials.”
Writers and musicians have also
had <strong>the</strong>ir share of experiencing
repressive laws. In 2010, a book by
Bertrand Teyou on <strong>the</strong> First Lady of
Cameroon was banned and its author
jailed for defamation. Cameroonian
musician Lapiro de Mbanga was
accused in 2009 of constitutional
conspiracy and inciting employees
of a banana farm in his hometown
to destroy <strong>the</strong> plantations. He was
recently released <strong>after</strong> international
pressure.
In 2008, Algeria’s book writer and
journalist Mohamed Ben Chicou
found his work “Diary of a free
man” banned. That same year, <strong>the</strong>
Director of <strong>the</strong> Algerian National
Library was fired from his job for
inviting a maverick author to speak.
In this country, and many o<strong>the</strong>r
north African nations, opinion
Section 1: Freedom
leaders and journalists have been
under pressure from governments.
This has changed slightly since <strong>the</strong>
recent Arab spring.
In Senegal, despite <strong>the</strong> relative
freedoms enjoyed by writers, unconventional
writers like journalist
Abdoulatif Coulibaly have faced numerous
counts of indirect censorship.
He himself has received death
threats.
In Africa, Ghana has been a pioneer in
decriminalising defamation, followed
by Togo and Central Africa Republic.
Since <strong>the</strong>n, several countries have
followed: Cote D’Ivoire, Chad and
Niger, and Mauritania is in <strong>the</strong>
process. Senegal has promised to
decriminalise defamation since 2005.
Currently, a law has been adopted
by cabinet and submitted to <strong>the</strong>
Parliament, but is blocked <strong>the</strong>re due
to <strong>the</strong> reticence of parliamentarians.
The criminalisation of speech in
Africa not only violates <strong>the</strong> rights of
those speaking, it has <strong>the</strong> effect of
limiting <strong>the</strong> free flow of information.
Media in Africa - 2011 | 69