DEBRE TABOR UNIVERSITY

SCHOOL OF LAW

“THE CLAW- BACK CLAUSE OF THE AFRICAN CHARTER ON HUMAN, PEOPLE’S

RIGHT, AND IT’S ADVERSE IMPACT ON THE LEGAL FRAMEWORKS REGULATING

FREEDOM OF EXPRESSION IN ETHIOPIA .”

GROUP 5

Advisor: Mr. Mesafint

Feb, 2024

Debre tabor, Ethiopia

 TITLE
A research proposal on issue of “the claw- back clause of the African charter on human,
people’s right, and it’s adverse impact on the legal frameworks regulating freedom of expression
in Ethiopia.’’ for the purpose of partial fulfillment of requirement of BA (Bachelor of Arts)
degree in Law.

I
ABSTRACT
The Claw-Back Clause of the African Charter on Human and Peoples' Rights (ACHPR), also
known as the Derogation Clause, is a mechanism that limits certain fundamental rights in
exceptional circumstances. It has sparked significant debates and scrutiny within the context of
freedom of expression, particularly in countries like Ethiopia. The ACHPR provides a legal
framework for human rights protection across the African continent, but presents challenges
when reconciled with national laws and practices, especially in contexts marked by political
instability or security concerns.

In Ethiopia, the utilization of the Claw-Back Clause has been associated with restrictions on
freedom of expression, media censorship, and the stifling of dissenting voices under the guise of
national security or public order. Such actions often raise allegations of human rights violations
and undermine the principles of democracy and good governance. Understanding the historical,
cultural, and socio-political contexts within which these legal frameworks operate is imperative
for comprehensively assessing the implications of the Claw-Back Clause on freedom of
expression in Ethiopia.

This study seeks to investigate the nuances surrounding the application of the Claw-Back Clause
of the ACHPR within Ethiopia's legal landscape, with a specific focus on its adverse impacts on
the regulation of freedom of expression. By exploring relevant case studies, legal provisions, and
scholarly analyses, the research aims to provide insights into the challenges, complexities, and
potential reforms concerning the interplay between international human rights standards and
domestic laws in Ethiopia. Addressing this issue is crucial not only for the protection of
individual liberties but also for fostering a legal environment that aligns with Ethiopia's
commitment to human rights within the African continent.

II
Contents
TITLE.............................................................................................................................................................I
ABSTRACT....................................................................................................................................................II
CHAPTER ONE..............................................................................................................................................1
BACKGROUND AND METHODOLOGY OF THE RESEARCH............................................................1
1.1. BACKGROUND OF THE STUDY................................................................................................1
1.2. STATEMENT OF THE PROBLEM...............................................................................................2
1.3. OBJECTIVE OF THE STUDY.......................................................................................................3
1.3.1. THE GENERAL OBJECTIVE OF THE STUDY.......................................................................3
1.3.2. THE SPECIFIC OBJECTVES OF THE STUDY........................................................................4
1.4. RESEARCH QUESTIONS.............................................................................................................4
1.5. RESEARCH METHODOLOGY.....................................................................................................4
1.6. SIGNIFICANCE OF THE STUDY.................................................................................................4
1.7. SCOPE OF THE STUDY................................................................................................................5
CHAPTER TWO.........................................................................................................................................6
LITERATURE REVIEW............................................................................................................................6
2.1. INTRODUCTORY CONCEPTS ON FREEDOM OF EXPRESSION...........................................6
2.2. FREEDOM OF EXPRESSIONS UNDER INTERNATIONAL LAW............................................7
2.2.1. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS....................................................7
2.2.2. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS......................8
2.3. FREEEDOM OF EXPRESSION UNDER REGIONAL HUMAN RIGHT INSTURMENTS........9
2.3.1. AMERICAN CONVENTION ON HUMAN RIGHTS-ACHR...................................................9
2.3.2. EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS‐ ECPHR......9
2.3.3. FREEDOM OF EXPRESSION AND AFRICAN CHARTER ON HUMAN AND PEOPLE'S
RIGHT‐ACHPR........................................................................................................................................10
2.3.4. FREEDOM OF EXPRESSION UNDER THE FDRE CONSTITUTION.................................11
2.4. CLAW BACK CLAUSE AND FREEDOM OF EXPRESSION UNDER AFRICAN CHARTER
12
2.5. AFRICAN CHARTER AND LIMITATIONS CLAUSE ON FREEDOM OF EXPRESSION.....13
REFERENCES...............................................................................................................................................III
 CHAPTER ONE

BACKGROUND AND METHODOLOGY OF THE RESEARCH

1.1. BACKGROUND OF THE STUDY

The Claw-Back Clause of the African Charter on Human and Peoples' Rights (ACHPR), also
known as the Derogation Clause, serves as a mechanism to limit certain fundamental rights in
exceptional circumstances. While intended to safeguard broader societal interests during crises,
its application and implications have sparked significant debates and scrutiny within the context
of freedom of expression, particularly in countries like Ethiopia.1

Ethiopia, a country renowned for its rich cultural heritage and diverse populace, has undergone
considerable political and legal transformations in recent decades. Amidst these changes,
ensuring and protecting the right to freedom of expression has remained a critical concern,
reflecting the essence of democratic governance and respect for human rights. However, the
presence and invocation of the Claw-Back Clause within the legal frameworks regulating
freedom of expression in Ethiopia raise pertinent questions and concerns regarding its adverse
impacts. The ACHPR, while providing a legal framework for human rights protection across the
African continent, presents challenges when reconciled with national laws and practices,
especially in contexts marked by political instability or security concerns.2

In Ethiopia, the utilization of the Claw-Back Clause has been associated with restrictions on
freedom of expression, media censorship, and the stifling of dissenting voices under the guise of
national security or public order. Such actions often raise allegations of human rights violations
and undermine the principles of democracy and good governance. Furthermore, the compatibility
and harmonization of the Claw-Back Clause with Ethiopia's legal system, including its
constitution and domestic legislation, necessitate critical examination. Understanding the
historical, cultural, and socio-political contexts within which these legal frameworks operate is

1
African Human Rights Law, (Oct 11, 2022), http://www.abyssinialaw.com
2
African security Reviews, 18 AFRICAN JORNAL FOR AFRICAN SECURITY, (2009).

1
imperative for comprehensively assessing the implications of the Claw-Back Clause on freedom
of expression in Ethiopia.3

Against this backdrop, this study seeks to delve into the nuances surrounding the application of
the Claw-Back Clause of the ACHPR within Ethiopia's legal landscape, with a specific focus on
its adverse impacts on the regulation of freedom of expression. By exploring relevant case
studies, legal provisions, and scholarly analyses, the research aims to provide insights into the
challenges, complexities, and potential reforms concerning the interplay between international
human rights standards and domestic laws in Ethiopia.4

1.2. STATEMENT OF THE PROBLEM

The Ethiopian Constitution guarantees the freedom of expression of citizens. 5 As an extension of
such constitutional recognition, Ethiopia has adopted a number of international human rights
instruments, which further safeguard the freedom of expression. The UDHR and the ICCPR are
the prominent global human rights instruments, which are adopted by Ethiopia. Besides Ethiopia
has also adopted and ratified the regional human rights instruments typically the African charter
on human and peoples right i.e. the ACHPR. 6

However the ACHPR, which is the prominent regional human right instrument in Africa and by
which Ethiopia is a party, has come up with controversial claw back clause. 7 As per this clause,
signatory African states are permit to restrict basic human rights (such as freedom of expression)
to the maximum extent allowed by their domestic law, no matter of how such national law is
draconian and inconsistent with the constitutional right of citizens. 8 This perhaps one drawback
if not the most serious flaw in the charter that can be pledged to such clause.
3
Supra note, 2.
4
Supra note, 2.
5
THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA CONSTITUTION, art. 29(1) and (2),
FED.NEG. GAZETTA (No. 1/1995).
6
Claiming Human Rights Guide to International Procedures Available in Case of Human Right
Violation in Africa, http://www.claiminghumans.org/ethiopia.html
7
SHEILA B. KEETHARUTH, MAJOR AFRICAN LEGAL INSTRUMENTS.

2
This proposal aims to dissect the multifaceted challenges posed by the Claw-Back Clause in the
Ethiopian context, with a focus on its adverse impact on the legal frameworks designed to
safeguard freedom of expression. The tension between upholding international human rights
standards and addressing domestic concerns of public order and morality has created a legal
landscape that demands careful examination and potential reform.

The project will explore specific cases, legal precedents, and legislative provisions where the
Claw-Back Clause has been invoked in Ethiopia, leading to restrictions on freedom of
expression. By conducting a comprehensive analysis, the study aims to identify the nuanced
ways in which the Claw-Back Clause operates within the Ethiopian legal system, elucidating its
implications on the fundamental right to freedom of expression.

Ultimately, this research seeks to contribute valuable insights to the ongoing discourse on human
rights in Ethiopia, advocating for a harmonious balance between the African Charter on Human
and Peoples' Rights and the domestic legal frameworks regulating freedom of expression.
Addressing this issue is crucial not only for the protection of individual liberties but also for
fostering a legal environment that aligns with Ethiopia's commitment to human rights within the
African continent.

1.3. OBJECTIVE OF THE STUDY

1.3.1. THE GENERAL OBJECTIVE OF THE STUDY

The general objective of this study research is to explore the effect of claw back clause as
enshrined under in line African charter on human and peoples right in line with freedom of
expression in Ethiopia.

1.3.2. THE SPECIFIC OBJECTVES OF THE STUDY

This research will have the following specific objectives;

8
SANDHIYA SINGH, THE IMPACT OF CLAW BACK CLAUSES ON HUMAN AND PEOPLES’ RIGHTS
IN AFRICA.

3
1.To Investigate the Legal Provisions of the African Charter on Human and Peoples' Rights
(ACHPR):

.2.To Analyze the Legal Frameworks Regulating Freedom of Expression in Ethiopia.

3. To Identify and Assess the Interpretation and Implementation of the Claw-Back Clause.

4.To Evaluate the Adverse Impact of the Claw-Back Clause on Freedom of Expression.

1.4. RESEARCH QUESTIONS

This Research will be conducted in order to answer the following questions.

 What does the claw back clause of the ACHPR looks like?

 How does the Ethiopia legal framework regulate the freedom of expression?

 Does the claw back clause of the ACHPR affect the enforcement of the freedom of
expression as stipulated under the Ethiopian legal framework?

1.5. RESEARCH METHODOLOGY

The research will be purely doctrinal legal research.it will apply qualitative Data collection
method. Thus materials, such as the FDRE constitution, International human rights instruments
(global and Regional human right Conventions), proclamations and other legal materials,
National and International precedents and subsidiary Court decisions, Legal articles,
Newspapers, books and other related publications will be assessed. Besides, hypothetical cases
might be discuses and analyzes to show the possible gaps, which arise from the claw back clause
of the ACHPR and its possible adverse effect on the freedom of expression of citizens.

1.6. SIGNIFICANCE OF THE STUDY

This research will serve as a foundational cornerstone for other researcher's and this area of legal
study thereby detecting untouched legal issue. Contemporarily the existing Ethiopian legal
framework governing the freedom of expression is subject of lingering critics from different
corners. Beyond this, the research will have another insight towards the freedom of expression in

4
Ethiopia . Hence, it can serve as a benchmark and noble reference for those who want to study
further research in relation this area of law.

1.7. SCOPE OF THE STUDY

The scope of this research paper is only limited to study the effect of the claw back clause as
stipulated under the ACHPR in line with the freedom of expression as enshrined under the FDRE
constitution and other international human right instruments.

5
 CHAPTER TWO

LITERATURE REVIEW

2.1. INTRODUCTORY CONCEPTS ON FREEDOM OF EXPRESSION

Freedom of expression is the right to communicate one's opinions and ideas without restriction
or censorship.9 The term freedom of expression is presumed to incorporate any act of seeking,
receiving and imparting information or ideas, regardless of the medium instruction and
instrument used.10 The freedom of expression is not an end by itself and if it is properly
exercised, it can serve as a means for development thereby reflecting the strength of a
community. Thus, in order to create conducive environment for the growth and maturity of
freedom of expression the law should not be restraining law .

The right to freedom of expression is crucial in a democracy. Information and ideas help inform
political debate and are essential to public accountability and transparency in government. This
includes the right to communicate and express oneself in any medium, including through words,
pictures, images, and actions (including through public protest and demonstrations) Freedom of
expression is a fundamental human right. It also underpins most other rights and allows them to
flourish. The right to speak your mind freely on important issues in society, access information
and hold the powers that be account, plays a vital role in the healthy development process of a
society

The purpose of freedom of expression should have to be, to inform, persuade, and convince
others as well as to reveal the information. Hence it should be limited if it is contrary to human
society, or to those moral rules which are necessary to the preservation of the wellbeing of civil
society.11 In line with the above contending ideas the freedom of expression, which is
9
Is the BJP a serious threat to free speech? Harsh Dubey, https://www.Quora.com
10
Freedom of Speech, https://en.m.wikipedia.org.wiki
11
PROFESSOR KJETIL TRONVOLL AND PROFESSOR HELGE M. SØNNELAND FREEDOM OF
EXPRESSION AND DEMOCRATIC PROCESS: AN ANALYSIS OF LAWS AND POLICIES RELATING TO
THE RIGHT OF FREEDOM OF EXPRESSION IN ZANZIBAR (2010).

6
universally acknowledged to be as a fundamental human right which serve as cornerstone for
democracy and indispensable to a thriving civil society. But the question which arise at this
juncture is how do the international and domestic law reconcile these and related issues. To this
end, the gist of different global, regional and domestic human rights instruments such as … (the
UDHR, ICCPR, ACHR, ECPHR, (Banjul Charter) and the FDRE constitution and laws
respectively) will be dissected to examine freedom of expressions.

2.2. FREEDOM OF EXPRESSIONS UNDER INTERNATIONAL LAW

2.2.1. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (here after the UDHR) is a human rights instrument
which was drafted in 1948, becomes operative …in … is usually cited as the foundation and
standard of international human right laws. 12 The UDHR has incorporated the freedom of
expressions as one of the fundamental human rights.13Article 19 of the UDHR, binding on all
States as a matter of customary international law, guarantees the right to freedom of expression.
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. The principle laid down in Article 19 of the UDHR not only
had enormous impacts on the elaboration of United Nations instruments, but the content of this
article, is somehow modified form, appears in all major Regional human rights instruments as
well. These includes: (a) The European Convention on Human Rights; (b) the American
Convention on Human Rights and (c) the African Charter on Human and Peoples’ Rights.

2.2.2. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL

RIGHTS
The International Covenant on Civil and Political Rights (here after the ICCPR) has been ratified
by 165 nations that echoes in key respects of the UDHR and became legally binding treaty .Our
country Ethiopia also ratified the covenant in June 11 1993. Article 19 of ICCPR guarantees the
12
Report of the Special Rapporteur for the promotion and protection of the right of freedom of
opinion and expression, UN, DOC E/CN.4/1995/32 (14 December 1994).
13
Supra note, 21.
7
right to freedom of expression.14 Therefore, it imposes legal binding obligation on states parties
to respect its provision, and elaborates on many rights under UDHR.15

The United Nations International Covenant of Civil and Political Rights (ICCPR) attempts to
ensure the protection of civil and political rights. It was adopted by the United Nations’ General
Assembly on December 19, 1966, and it came into force on March 23, 1976. The International
Covenant on Economic Social and Cultural Rights, the Universal Declaration of Human Rights,
and the ICCPR and its two Optional Protocols, are collectively known as the International Bill of
Rights.

The ICCPR recognizes the inherent dignity of each individual and undertakes to promote
conditions within states to allow the enjoyment of civil and political rights. Countries that have
ratified the Covenant are obligated “to protect and preserve basic human rights… [and]
“compel[ed] to take administrative, judicial, and legislative measures in order to protect the
rights enshrined in the treaty and to provide an effective remedy.” There are currently 74
signatories and 168 parties to the ICCPR.

2.3. FREEEDOM OF EXPRESSION UNDER REGIONAL HUMAN RIGHT

INSTURMENTS

2.3.1. AMERICAN CONVENTION ON HUMAN RIGHTS-ACHR

Freedom of expression is found in Article 13 of American Convention of Human Rights, which
guarantees freedom of thought and expression to everyone and not be subject to prior
censorship.16 However, like that of above discussed international instruments, in the exercise of
the right be subject to subsequent imposition of liability, which shall be expressly established by

14
UN General Assembly, International Covenant on Civil and Political Rights art. 19,
Dec.16,1966, U.N.T.S, vol. 999).
15
Supra note,10.
16
San José, Costa Rica, American Convention on Human Rights, (Nov. 22, 1969),
www.http://hrcr.org/docs/american_convention/oashr4.html
8
law to the extent necessary to ensure respect for the rights or reputations of others; the protection
of national security, public order, or public health or morals.17

Article 13(2) of the Convention put out three conditions for limitations to be admissible (i.e. (1)
The limitation must have been defined in a precise and clear manner by a law, in the formal and
material sense. (2) The limitation must serve compelling objectives authorized by the
Convention.18 and (3) the limitation must be necessary in a democratic society to serve the
compelling objectives pursued; strictly proportionate to the objective pursued; and appropriate to
serve said compelling objective). Even if the charter, incorporate those grounds of limitation
which may leads abuse and violation of right but there is no claw back clause on the provisions
govern freedom of expression.

2.3.2. EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN

RIGHTS‐ ECPHR
Under Article 10 of the European Convention for the Protection of Human Rights, Everyone has
the right to freedom of expression.19 This right shall include freedom to hold opinions and to
receive and impart information and ideas without interference by public authority and regardless
of frontiers. The situations, which a restriction may be justified, include the need to protect
public interests such as national security, territorial integrity, freedom from crime and disorder,
health and morality, and the authority and impartiality of judiciary as well as protection from
individual rights, such as right to privacy or reputation. However, when a Contracting Party
imposes restrictions upon the exercise of freedom of expression, the right must not be rendered
meaningless. Besides, the restrictions should be "provided by law"; "proportionate ", and
"necessary in a democratic society", and only be imposed for the "specified aims.” 20 The
restrictions permitted under the Convention to the said rights and freedom shall not be applied
for any purpose other than those for which they have been prescribed.
17
Id, African Charter on Human People's Right (ACHPR) art. 13(2), Jun. 27, 1981.
18
Id, American Convention on Human Rights, (Nov. 22, 1969), art. 13 (2,3,4,5).
19
European Convention on Human Rights here in after (ECHR), (Sept. 3, 1953),
http://www.echr.coe.int/nr/rdonlyres/englishanglais.pdf

20
Id, ECHR, art. 10(2).
9
 2.3.3. FREEDOM OF EXPRESSION AND AFRICAN CHARTER ON HUMAN
AND PEOPLE'S RIGHT‐ACHPR
The regional African human rights system is based on the African Charter on Human and
Peoples’ Rights (the African or Banjul Charter),which entered into force on October 21, 1986,
upon ratification by a simple majority of member states of the Organization of African Unity
(OAU).21 Oversight and interpretation of the Charter is the task of the African Commission on
Human and Peoples' Rights, which was set up in 1987 and is now head quartered in Banjul,
Gambia.22 The African Charter on Human and Peoples' Rights (also known as the Banjul
Charter) is an international human rights instrument that was intends to promote and protect
human rights and basic freedoms in the African continent. 23 Article 9 of the African Charter on
Human and Peoples' Rights reads:

“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”

.As it can be inferred from Article 9 of the ACHPR, freedom of expression is a basic human
right, vital to an individual's personal development, his political consciousness, and participation
in the public affairs of his country. 24 Further as it can be noted from the through reading of
Article 9 does not seem to permit derogation, no matter what the subject of the information or
opinions and no matter the political situation of a country.25

21
The African Charter on Human and Peoples’ Rights, (Jun. 27, 1981),
http://www.africaunion.org/official_documents/Treaties%20Conventions%20Protocols/Banjul
%20Charter.pdf
22
Id, ACHPR, art. 46.
23
African charter on human and people’s right (published by African commission on humans and
peoples right).

24
African Commission on Human and Peoples’ Rights art. 6, 7, 9 and 26, Feb. 15, 2002.
25
Id. at 24.
10
 2.3.4. FREEDOM OF EXPRESSION UNDER THE FDRE CONSTITUTION
The Ethiopian Constitution has duly recognized the freedom of expression as one of democratic
rights of citizens.26 To this end, Article 29 of the constitution has stipulated that every citizen is
entitled to right of thought, opinion and expression.27 In this respect the verbatim of Art 29(1) of
the FDRE constitution clearly displays

“Everyone has the right to hold opinions without interference; that all citizens have the
right to freedom of expression without any interference.”28

Further, Sub Article 2 of such rule states that

“This right shall include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing in or print, in the form of art, or
through any media of [her]/his choice.”29

Furthermore, sub-Article (3) also states that

“Freedom of the press and other mass media, and freedom of artistic creativity is
guaranteed”

Moreover, as it can be inferred from sub-Article 29(4) of the FDRE constitution freedom of the
press shall include prohibition of any form of censorship as well as access to information of
public interest.30 Besides in quest of enhancing the democratic culture of the country the press
industry has granted a legal protecting to this end such rule has literarily stated that

“In the interest of the free flow of information, ideas and opinions which are essential to
the functioning of a democratic order, the press shall, as an institution, enjoy legal
protection to ensure its operational independence and its capacity to entertain diverse
opinions”

26
THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA CONSTITUTION art. 29, FED.NEG.
GAZETTA (No. 1/1995).
27
Id at 26.
28
Id, at art. 29(1)
29
Id , at art. 29(2)
30
Id, art. 29 (3).
11
Hence as it can be inferred from the above discourse the freedom of expression is a well-
established constitutional right of Ethiopian citizens and the first five sub-articles of Article 29 of
the constitution reveals what such right might comprises and illustratively political speech,
freedom of press and expressing one’s views and opinions and other rights as constituting the
freedom of expression.

2.4. CLAW BACK CLAUSE AND FREEDOM OF EXPRESSION UNDER

AFRICAN CHARTER
The African Charter contains several ‘claw-back’ clauses, which can have the effect of curtailing
a specific right in question in normal circumstances for specified public reasons. 31 A number of
civil and political rights are limited by, inter alia, terms such as “except for reasons and
conditions previously laid down by law”, “subject to law and order” 32, or “within the law”.33
These internal modifiers ‘qualify rights and permit a state to restrict’ those rights ‘to the
maximum extent permitted by domestic law’. 34 These limitations have been severely criticized,
given the concern that they subject guaranteed rights to domestic law, thus weakening their
content and scope.35

Claw-back clauses ‘permit a state, in its almost unbounded discretion, to restrict its treaty
obligations or the rights guaranteed by the African Charter’ 36. It is worth noting that the Charter
does not contain a derogation clause allowing a country to temporarily abstain from their
obligations under a treaty in an emergency37. Derogation clauses are temporary and triggered in
times of emergency, whereas claw-back clauses ‘may be applied even in normal situations, so

31
Supra note, 21. ACHPR art. 6.
32
Id, ACHPR art. 8.
33
Id ACHPR art. 9.
34
SANDHIYA SINGH, THE IMPACT OF CLAW BACK CLAUSES ON HUMAN AND PEOPLES’ RIGHTS IN
AFRICA.
35
SHEILA B. KEETHARUTH, MAJOR AFRICAN LEGAL INSTRUMENTS.
36
Supra note, 8.
37
ARTHUR E. ANTHONY, "BEYOND THE PAPER TIGER: THE CHALLENGE OF A HUMAN RIGHTS
COURT IN AFRICA, (1997).

12
long as national law is passed to that effect 38’. Claw-back clauses aim at limiting civil and
political rights such as Article 9(2), which provides that ‘every individual shall have the right to
express and disseminate his opinions within the law’.39

2.5. AFRICAN CHARTER AND LIMITATIONS CLAUSE ON FREEDOM OF

EXPRESSION
The ACHPR does not provide explicit restrictions on freedom of expression of citizens.
Restriction on freedom of expressions is not as such justified even by emergencies or special
demanding circumstances. The only legitimate rational for restriction on the freedom of
expression of the African Charter can be deduced from Article 27(2). National law cannot set
aside the right to express one’s opinions guaranteed at the international level. In other word
Article 27(1) imposes duties on the individual towards his/her “family and society, the State and
other legally recognized communities and the international community”, while being called
upon to exercise his/her rights “with due regard to the rights of others, collective security,
morality and common interest”.40In this regard The Declaration of Principles on Freedom of
Expression Read as follow:‐

II, Interference with Freedom of Expression

1, No one shall be subject to arbitrary interference with his or her freedom of expression.

2. Any restrictions on freedom of expression shall be provided by law, serve a legitimate

interest and be necessary and in a democratic society.

The prohibition of a publication without giving the writer the opportunity to defend himself
and without the clarity that the publication is a threat to national security or public order
constitutes a violation of article 9(2). 41 Harassment of the press not only has the effect of

38
MICHELO HANSUNGULE, TOWARDS A MORE EFFECTIVE AFRICAN SYSTEM OF HUMAN RIGHTS:
“ENTEBBE PROPOSALS”.
39
Supra note, 21, ACHPR art. 9(2).

40
Id, ACHPR art. 27 (1)
41
Declaration of Principles on Freedom of Expression in Africa, Principle I (2).
13
hindering certain persons in disseminating their opinions, but also poses a risk that journalist and
writers will subject themselves to self-censorship in order to be allowed to carry on their work. 42

42
Ethiopia criminalizes free flow of information (Oct. 15, 2014),
www.freedominfo.org/2014/10/Ethiopia‐criminalizes free‐flow‐information

14
 REFERENCES
 African Charter on Human People's Right (ACHPR), Jun. 27, 1981.
 African Commission on Human and Peoples’ Rights, Feb. 15, 2002.
 African Human Rights Law, (Oct 11, 2022), http://www.abyssinialaw.com
 African security Reviews, 18 African journal for African security, (2009).
 American Convention on Human Rights, (Nov. 22, 1969).
 Arthur e. Anthony, "beyond the paper tiger: the challenge of a human rights court in
Africa, (1997).
 Claiming Human Rights Guide to International Procedures Available in Case of Human
Right Violation in Africa, http://www.claiminghumans.org/ethiopia.html
 Declaration of Principles on Freedom of Expression in Africa, Principle I (2).
 Ethiopia criminalizes free flow of information (Oct. 15, 2014),
www.freedominfo.org/2014/10/Ethiopia‐criminalizes free‐flow‐information
 European Convention on Human Rights here in after (ECHR), (Sept. 3, 1953),
http://www.echr.coe.int/nr/rdonlyres/englishanglais.pdf
 Freedom of Speech, https://en.m.wikipedia.org.wiki
 Is the BJP a serious threat to free speech? Harsh Dubey, https://www.Quora.com
 Michelo hansungule, towards a more effective African system of human rights: “Entebbe
proposals”.
 Professor kjetil Tronvoll and professor Helge m. Sønneland freedom of expression and
democratic process: an analysis of laws and policies relating to the right of freedom of
expression in Zanzibar (2010).
 Report of the Special Rapporteur for the promotion and protection of the right of
freedom of opinion and expression, UN, DOC E/CN.4/1995/32 (14 December 1994).
 San José, Costa Rica, American Convention on Human Rights, (Nov. 22, 1969),
www.http://hrcr.org/docs/american_convention/oashr4.html
 Sandhiya Singh, the impact of claw back clauses on human and peoples’ rights in Africa.
 Sheila b. Keetharuth, major African legal instruments.
 The federal democratic republic of Ethiopia constitution, fed.neg. Gazette (no. 1/1995).
 UN General Assembly, International Covenant on Civil and Political Rights,
Dec.16,1966

III
 GROUP MEMBERS ID NO.
1. Endalkachew Muche 2799
2. Mahlet Mebrate 2692
3. Mihret Degu 3362
4. Yared Sintayehu 2652
5. Yemsrach Shferaw 3018
6. Yohannes Abebaw 2718