The Commonwealth Human Rights Initiative (CHRI) and the Commonwealth Journalists Association (CJA) has urged Commonwealth States to take “practical and effective steps” to end restrictions on free expression.
The call followed the adoption of the “Commonwealth Principles on Freedom of Expression and the Role of the Media in Good Governance” by the Commonwealth Heads of Government at a summit held in Apia, Samoa, on Saturday, October 26.
“These Principles highlight the importance of freedom of expression and media freedom to democracy. They state that Commonwealth governments ‘should consider repealing or amending laws which unduly restrict the right to freedom of expression.” The associations said this in a release copied to Ghana News Agency, in Accra on Monday.
Both associations want Commonwealth governments to “audit progress” and engage civil society to ensure that the Principles on Freedom of Expression “are implemented in reality.”
Quoting some statistics from the United Nations Educational, Scientific and Cultural Organisation (UNESCO), CHRI and CJA indicate that freedom of expression in many Commonwealth countries was still “under threat.”
“Reporters Without Borders (RSF) has documented 547 journalists imprisoned globally as of the end of 2023, with legal harassment often used as a tool to stifle dissent and investigative reporting.
“Many Commonwealth countries still maintain restrictive, colonial-era laws that curtail free expression, suppress diverse voices, and inhibit the transparency that is essential for democracy,” it said.
CHRI and CJA added that an upcoming report shows 41 Commonwealth countries continue to criminalise defamation, while 48 other countries have retained laws related to sedition. It said some 37 countries also had “blasphemy or blasphemy-like laws.”
William Horsley of the CJA stated that such laws, often enforced through criminal sanctions, had “a chilling effect” on activists, journalists, and others who “fear retaliation for speaking truth to power.”
“This has led to an alarming rise in self-censorship and a decline in the independent and dissenting voices that are vital for holding governments accountable,” he added.
The Commonwealth Principles on Freedom of Expression, according to the organisations, was initiated by a group of civil society organisations in response to “a general deterioration in legal protections and the working environment for journalists.”
After a review and adoption of the Principles, CHRI and CJA urge member states to implement the doctrines “within their domestic frameworks.”
Sneh Aurora, Director of CHRI, described the Principles as “an opportunity for Commonwealth governments to bring their national laws in line with international human rights laws.”
“While many member states share a colonial legal legacy that includes repressive laws still in effect today, they also share a commitment to democratic governance and the rule of law as set out in the Commonwealth Charter.
“The Commonwealth has the potential to lead by example in promoting freedom of expression through legal reform, ensuring that criminal laws are not misused to silence dissent,” the Director said.
A future CHRI and CJA report titled: “Who Controls the Narrative? Legal Restrictions on Freedom of Expression in the Commonwealth” highlights “the increasing use of criminal law provisions, including defamation, sedition, blasphemy, and national security, to restrict freedom of expression and media freedom within the Commonwealth,” and makes some recommendations.
GNA