III. International and Regional Standards

Freedom of expression is guaranteed by the Universal Declaration of Human Rights (UDHR) under article 19:

Everyone has the right to freedom of opinion and expression; this right includes the right to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.¹

Although the UDHR is not binding on states because it has been adopted as a General Assembly resolution, it is considered applicable customary law by a number of domestic systems.

The International Covenant on Civil and Political Rights (ICCPR)—which Angola acceded to in 1992²—imposes legal obligations on states to respect its provisions, including the protection of freedom of expression and information set forth in its article 19:

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice.^{^³}

The importance of free media in a democratic society has been highlighted by the UN Human Rights Committee:

[T]he free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion.^{^⁴}

The Committee has also stressed the crucial role of freedom of expression in pre-election periods, affirming that freedom of expression is an “essential condition[s] for the effective exercise of the right to vote and must be fully protected.”⁵

As a party to the African Charter on Human and Peoples’ Rights (ACHPR),⁶ Angola is also obligated to protect the right to freedom of expression and information:

1. Every individual shall have the right to receive information.

2. Every individual shall have the right to express and disseminate his opinions within the law.⁷

Angola’s Constitutional Law also ensures “freedom of expression, assembly, demonstration and all other forms of expression….”⁸ Additionally, the constitution and the press law both state that norms related to fundamental rights shall be interpreted in accordance with the Universal Declaration of Human Rights, the ACHPR and other international instruments to which Angola is a party.⁹

Several international documents detail the content and meaning of international legal provisions on freedom of expression, as well as the permissible limitations to such freedom. These are the Johannesburg Principles on National Security, Freedom of Expression and Access to Information,¹⁰ the Siracusa Principles on Derogations from the ICCPR,¹¹ the Declaration on Freedom of Expression in Africa,¹² and the Principles on Freedom of Information Legislation.¹³

Angola is also a member of the Southern Africa Development Community (SADC). SADC has not adopted specific legal instruments or guidelines on freedom of expression, but in the Principles and Guidelines Governing Democratic Elections, SADC members committed to “safeguard the human rights and civil liberties of all citizens, including freedom of…expression….”¹⁴

¹ Universal Declaration of Human Rights (UDHR), adopted December 10, 1948, G.A. Res. 217A(III), U.N. Doc. A/810 at 71 (1948).

² International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, (entered into force March. 23, 1976), acceded by Angola January 10, 1992.

³ International Covenant on Civil and Political Rights (ICCPR), article 19.

⁴ Human Rights Committee, General Comment 25, The Right to Participate in Public Affairs, Voting Rights and the Right of Equal Access to Public Service, U.N. Doc. CCPR/C/21/Rev.1/Add.7 (1996), para. 25.

⁵ Human Rights Committee, General Comment 25, The Right to Participate in Public Affairs, Voting Rights and
the Right of Equal Access to Public Service, U.N. Doc. CCPR/C/21/Rev.1/Add.7 (1996), para. 12.

⁶ African [Banjul] Charter on Human and Peoples’ Rights, adopted June 27, 1981, OAU doc. CAB/LEG/67/3rev.5, 21 I.L.M. 58 (1982) entered into force October 21, 1986, ratified by Angola on March 2, 1990.

⁷ Banjul Charter, art. 9 (right to receive information and express opinions).

⁸ Lei Constitucional da República de Angola (Lei Constitucional), lei no. 23/92, de 16 de Setembro, art. 32.

⁹ Lei Constitucional, art. 21.

¹⁰ Johannesburg Principles on National Security, Freedom of Expression and Access to Information (Johannesburg Principles), adopted in 1996, E/CN.4/1996/39(1996), http://www1.umn.edu/humanrts/instree/johannesburg.html (accessed August 7, 2006).

¹¹ Siracusa Principles on Derogation from the International Covenant on Civil and Political Rights (Siracusa Principles), adopted in 1985, E/CN.4/1985/4, Annex, http://www1.umn.edu/humanrts/instree/siracusaprinciples.html (accessed June 5, 2006).

¹² Declaration of Freedom of Expression in Africa, adopted in 2002, http://www.achpr.org/english/_doc_target/documentation.html?../declarations/declaration_freedom_exp_en.html (accessed August 7, 2006).

¹³ The Public’s Right to Know: Principles on Freedom of Information Legislation (Principles on Freedom of Information), UN Commission on Human Rights, Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Abid Hussain (Report of the Special Rapporteur Abid Hussain), E/CN.4/2000/63, January 18, 2000, Annex II.

¹⁴ SADC Principles and Guidelines Governing Democratic Elections, Adopted August 2004,

http://www.sadc.int/english/documents/political_affairs/index.php (accessed August 17, 2006), principle 7.4.

November 2006

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