150 Editors and Journalists from 43 African countries converged in the Burkinabe capital, Ouagadougou, to participate in the 3rd Edition of the International Festival for Freedom of Expression and the Press, from the 4 -7 November, 2009. The theme of the conference organized alongside the festival was "From Windhoek 1991 to Ouagadougou 2009: assessment and prospects of the Freedom of the Press".

The festival was organized by the The Africa Editors' Forum (TAEF), in collaboration with the Norbert Zongo National Press Centre (NZ CNP). The festival aims at evaluating the situation of the rights of the media and freedom of expression in Africa; paying tribute to the African journalists who are worried, jailed, murdered; leading a campaign of defense of the rights of the journalists and fighting against impunity; highlighting and encouraging the promotion of freedom of expression, Human Rights; the state of rights and other aspects of democracy which are ill-treated in Africa.

For two days, participants in the conference discussed and debated issues concerning the state of the media and journalists in Africa and came up with the following recommendations, resolutions and motions:

Recommendations

Preamble

Organised in Ouagadougou (Burkina Faso) from 4th to 7th November 2009, the International Festival for the Freedom of Expression and Press gathered about 150 media men through Africa with the following topic: << From Windhoek 1991 to Ouagadougou 2009: assessment & prospects of the Freedom of the Press>>.

Participants have made some recommendations at the end of the works organised within the framework of this festival.

I. Concerning Journalists' protection

- Considering the insecurity in which journalists are living in many African countries (Somalia, Gambia, Niger, Nigeria, Guinea, Senegal );

- Considering that insecurity comes either from the authorities or armed militia;

- Considering that some texts on slander, false news, offence to the head of the State, sedition and other aspects are used as pretexts for journalist imprisonment;

- Considering the impunity the actors of crimes against journalists in the practice of their jobs are enjoying;

- Considering the current campaign on the liberation of journalists who have been sent in jail in Eritrea and other regions of the continent.

We, the participants of the International Festival for the Freedom of Expression and Press recommend:

African Union shall:

- Include the freedom of Expression and Press in the criteria of African Method of Evaluation by the Pairs (MAEP)

States shall:

- Put their juridical and regulatory tools in conformity with the international standards;

- Repeal imprecise provisions like false news, offence to the head of the State that prevent the power and political men from any critic;

- Cancel privative punishment concerning press offence.

Organisations for the defence of human rights and of journalists shall: - Create partnerships for more joint actions;

- Repeal juridical texts and regulations contrary to the principles of the freedom of expression and press;

- Set up support and defence mechanisms for journalists who have been sent in jail in the practice of their jobs;

- Create and strengthen supervision systems on the effective defence of the freedom of expression and press.

Media shall

- Adopt and implement effectively collective agreements;

- Create and strengthen effective self regulation methods;

- Encourage more joint actions in regulation mechanisms.

Issuing houses and centres shall

- Guarantee the follow up and the implementation of media observatory which has been created by the federation of issuing houses and centres in 2008 for peace and democracy in Africa;

- Get more involved in the capacity building of media men

II. Concerning journalists training

- Considering the explosion in the need for human resources due to the creation of a great number of papers, radios and television since 1991;

- Considering that journalists work is still attracting young people who do not always muster the standards of this job;

- Considering the imbalance between the supply and demand for the training to media jobs;

- Considering the lack of policy for continuous training within press companies;

- Considering the need to continuously improve the quality of media productions in order to meet the duties of the press in terms of democracy strengthening and the need to meet the public needs;

- Considering that the requirement of internet as new media demands new journalism.

We, the participants of the International Festival for the Freedom of Expression and Press recommend:

Authorities shall

- Pay particular attention to the training in information jobs as an unavoidable lever for democracy strengthening;

- Take necessary measures in order to improve training houses in information jobs as well as training quality.

Promoters of press companies shall

- Put the training of their employees in the centre of their concerns as a determining factor of their company sustainability;

- Media professionals shall

- Engage in a training process to better adapt to the requirements of professionalism;

- Appropriate the new media related to ICTs

III. Concerning the enhancement of the African press enterprise

Ï% Considering that the constraints of the African press enterprise identified in Windhoek are still topical

Ï% Recalling that criminalization of press offences, the lack of the culture to undertake, the weakness of management qualification, the narrowness of publicity space, the difficulties to have access to bank credits are the main obstacles to the development of the press enterprise.

Ï% Considering that the advent of the Internet as a new media is an opportunity for press companies to develop additional resources.

We, participants in the International Festival for the Freedom of Expression and Press recommend:

Press companies shall

Ï% Build the capacities of press companies organization and management;

Work for the extension of Media Development Funds (WAMDEF) to all African regions;

Ï% Adapt progressively to the new media requirements

States shall

Ï% Increase direct and indirect aid to press without discrimination;

Ï% Fairly attribute institutional publicity to media.

Done in Ouagadougou on November 06th, 2009

The participants

Special Recommendations

We, the participants in the International Festival for the Freedom of Expression and Press, the theme of which is "From Windhoek 1991 to Ouagadougou 2009: Assessments & Prospects of Freedom of the Press", organized in Ouagadougou, Burkina Faso from 4th to 7th November 2009, especially recommend:

Ï% The creation of an expert committee for the designing of a strategic document to write a charter of the press in Africa and to implement medias economic projects sustainability;

Ï% The institutionalization of FILEP and the setting up of its permanent secretariat.

Done in Ouagadougou on November 07th, 2009, The FILEP

Motion of acknowledgement

We, the participants in the International Festival of Freedom of Expression and the Press, the theme of which is "From Windhoek 1991 to Ouagadougou 2009: Assessment & Prospects" organized in Ouagadougou , Burkina Faso from 4 to 7 November 2009, sincerely thank:

Ï% Burkina Faso authorities for their constant support to the press; the President of the

National Assembly of Burkina Faso who has always accepted to preside over the FILEP;

Ï% All the sponsors whose technical, material, and financial support facilitated the success of this festival;

Ï% The organizers for their constant availability.

Yours sincerely

Done in Ouagadougou on November 06th, 2009

The participants

Resolution for the adoption of an Additional Protocol to the African Charter for Humans and Peoples' Rights to the Freedom of Expression and the Right of Access to Information.

- Considering the importance of the freedom of expression and its direct link to other basic rights;

- Considering that article 9 of the African Charter of Humans and Peoples' Rights guarantees freedom of expression;

- Considering the Declaration of Principles on freedom of expression in Africa, which proclaims that Freedom of Expression is "a basic right"?

- Considering the limitative interpretation States make of article 9 of the African Charter of Humans and Peoples' Rights;

- Considering the numerous abuses of the freedom of expression in Africa.

We, the participants in the 3rd edition of the International Festival for the Freedom of Expression and Press (FILEP), held from 4th to 7th November 2009 in Ouagadougou, Burkina Faso

Ï% Concerned by the growing impunity of people who break the freedom of expression in Africa;

Ï% Convinced that only a compelling legal instrument can guarantee better respect of

the freedom of expression on the African continent;

Ï% Ask the African Union authorities to write an additional protocol to the African Charter of Humans and Peoples' Rights related to freedom of expression and the right of access to information in Africa and have it adopted in the shortest delays.

Ï% Exhort the African Union authorities to have civil society organizations, particularly those that defend the freedom of expression, or get involved in the writing process of the protocol.

Done in Ouagadougou on 07 November 2009, FILEP

NETWORK OF AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS

STATEMENT OF THE NETWORK OF AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS AT THE OCCASION OF THE 46TH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS; BANJUL, 11 NOVEMBER 2009

Excellency Chairperson of the ACHPR,

Dear Members of the African Commission on Human and Peoples' Rights, Your Excellencies Diplomats accredited to The Gambia, Invited Guests

Dear Colleagues

It is with great honour and real pleasure, on behalf of the Network of National Human Rights Institutions, to be able to address you on this occasion of the August Assembly present here at the 46th Ordinary session of the ACHPR.

Allow me to express my sincere gratitude to the authorities of the Republic of The Gambia and the Gambian People for the warm welcome that they have accorded to us.

My appreciation is equally addressed to the African Commission on Human and Peoples Rights for the endless effort undertaken to give human rights a reality on the continent despite the multiple challenges that they are confronted with. I congratulate the new elected commissioner and wish them well for the outgoing, we hope the commitment will find you a resource person.

My thanks are equally addressed to all courageous and tireless human rights defenders who are organized and have not ceased to act to concretely improve the human rights situation in the whole continent despite the difficulties and the menaces that they continue to be subjected to.

The question of human rights defenders is also in the hearts of national institutions. They have just ended a workshop on the role of national institutions in the protection of human rights defenders and the inquiry systems and methods of protection of defenders organized during the 7th Conference of NHRIs.

Ladies and Gentlemen,

Distinguished guests,

Dear Colleagues,

46th Ordinary Session of the African Commission is taking place at a time when there are a number of challenges that are facing our continent during a period where consolidation of peace, democracy and human rights is fundamental to Africa, and its absolute achievement continues to remain a great challenge.

Democracy is a prerequisite for good governance, especially with the respect of civil and political liberty that is guaranteed, it is a fact that nearly all African countries claim to be governed by democracy.

Good governance strengthened in Africa may not only be determined by the achievement of fundamental rights and liberty of Africans but also by the implication of people in the making of decisions that reflect their interests of the less fortunate people.

Numerous elections that have taken place throughout the continent give a clear indication that Africa has started an irreversible trend towards political liberalization that is driven to the participation and the choice of the people. But the process and the legitimacy of the results of certain elections is sometimes in question. In the majority of the cases, elections end with a peaceful transfer of power while in others, where the legitimacy and credibility of the election results are questioned by the citizens, there has been a trend to establish coalition governments. It remains to be seen whether these forms of governments function well.

However, given this scenario, the concept of democracy is often abused by our political leaders The role of NHRIs in strengthening the human rights infrastructure, promoting the rule of law and monitoring governance structures to ensure that the rights of all citizens are protected becomes very significant during these times and must be reinforced in order to preserve what has been achieved over the years.

It is without doubt that when the process towards the participation and the free choice and democracy does not succeed, security and peace suffer and that causes numerous conflicts and wars that are basis of loss of human lives, and have a devastating impact on the fundamental structures of the society like justice and others.

The conflicts in our continent have led to more than 17 million of displaced persons in our countries and more than 3 million refugees. It is here where the national institutions and other actors on human rights must have a role to play as a watch dog for human rights before such situations happen in their respective countries.

Despite the challenges, and difficulties that cut accross Africa, there is still hope. The hope to be based on the progress accomplished at the African Union level, normative and institutional action of the African Union that allows the reinforcement of human rights principles on its agenda, that condemns and rejects change of governments by an unconstitutional process.

The Network of ANHRIs welcomes the adoption and signature by the Head of States Summit and Governments, the African Charter for the protection and assistance to internally displaced persons in Africa. This demonstrates the recognition that the African Union is conscious of the gravity of the situation of the internally displaced persons as constant instability and tension for African States.

This Convention is the first one in the world to offer a legal framework that will promote and reinforce national and regional measures to warn or reduce the causes of internal displacements as well as offer a durable solution.

Ladies and Gentlemen,

Distinguished guests,

Dear Colleagues,

There is no doubt that peace, security and human rights are interdependent and constitute necessary ingredients for the enjoyment of rights of African People, who are very much often victims of violations of human rights.

National institutions understand this and have already began to focus themselves on peace and security as the base of enjoyment of fundamental citizen rights and liberties.

This was expressed by the NHRIs during the 7th Conference that was held last week in Rabat, 3-5 November 2009 and the Rabat Declaration was adopted on the role of NHRIs in the consolidation of justice and peace. This conference that is registered in the framework of biannual conferences of the Network of NHRIs was also an occasion to examine the report on the state of cooperation between NHRIs and the African Commission and the role that the NHRIs can play in the accomplishment of the mission of the African Commission as a privileged partner and intend to improve its relationship with it with the goal of better promoting and protecting human rights on the continent.

The work of NHRIs at the international, regional and national levels is linked to the African Commission. This is why we must find a good collaboration framework defined to attain our common objectives.

We hope that the recommendation contained in the report will translate in a resolution that will give energy to the collaboration between the two institutions, once adopted. A copy of the report has already been sent to the Commission,

Ladies and Gentlemen,

Distinguished guests,

Dear Colleagues,

The Network will reinforce this collaboration at the regional and sub-regional level by the reinforcement of capacities of national institutions having affiliate status with the ACHPR in order to put more effort effectively in the activities of the ACHPR. On the same occasion underline the importance of encouraging the NHRIs who have to attain an affiliate status with the Commission to do so, and further strengthen collaboration with civil societies for better promotion and protection of human rights on the continent.

Thank you for your kind attention.