THE FORUM ON THE PARTICIPATION OF NGOs IN THE 85TH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

East and Horn of Africa sub regional update.

DefendDefenders (the East and Horn of Africa Human Rights Defenders Project) welcomes the opportunity provided by the 85th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) to present an overview of the state of democracy, rule of law, and human rights in the East and Horn of Africa. The period under review, May to October 2025, has been marked by deepening authoritarianism, widespread violations of fundamental freedoms, and a steady weakening of democratic governance and accountability across the subregion.

Democratic backsliding has intensified, with elections increasingly serving to consolidate power rather than facilitate genuine political participation. Across the region, governments have weaponised the law, security institutions, and digital technologies to stifle dissent and suppress opposition voices. In several countries such as Tanzania, Uganda, and Ethiopia, legislative reforms have undermined judicial independence and institutional checks and balances. The reintroduction of military trials for civilians in Uganda, despite a Supreme Court ruling declaring them unconstitutional, and the disqualification of opposition candidates in Tanzania exemplify a pattern of deliberate disregard for judicial authority and democratic norms. In Kenya, the proposed Public Order Amendment Bill threatens to curtail the right to peaceful assembly, signalling a broader effort to criminalise protest and silence civic activism.

The rule of law remains gravely compromised. Across Burundi, South Sudan, and Sudan, impunity for gross human rights violations persists, with state and non-state actors alike engaging in abductions, torture, and extrajudicial killings without consequence. In conflict-affected countries such as Sudan, Ethiopia, and Somalia, the breakdown of governance structures has enabled rampant violations, including sexual and gender-based violence, forced displacement, and attacks on humanitarian actors, further eroding public trust in state institutions. Judicial systems, where functional, are increasingly politicised, while oversight bodies lack the independence or capacity to hold perpetrators accountable.

Human Rights Defenders (HRDs), journalists, and civil society organisations (CSOs) continue to operate under immense pressure. Freedom of expression is severely restricted across much of the subregion, with seven countries, namely Uganda, Ethiopia, Rwanda, Burundi, Eritrea, Djibouti, Sudan, and Somalia, ranking in the bottom quartile of the 2025 Press Freedom Index. Independent media outlets face censorship, surveillance, and arbitrary closure, while HRDs and opposition figures are routinely subjected to intimidation, arrest, and exile. In Eritrea and Djibouti, civic space remains entirely closed, with no tolerance for dissenting voices.

The human rights crises in Sudan and South Sudan remain among the gravest on the continent, defined by mass displacement, atrocities against civilians, and the complete collapse of governance. Meanwhile, Rwanda’s continued repression of opposition figures and its involvement in regional conflicts underscore the broader trend of states prioritising security and political control over democratic accountability.

The cumulative effect of these developments is a subregion where democratic institutions are weakened, the rule of law is routinely undermined, and human rights are persistently violated. Without meaningful reform, the continued decline of democratic governance risks entrenching authoritarianism and fuelling instability.

Burundi

Burundi’s political climate remains tense as the country enters an extended electoral period ahead of the 2027 presidential elections. Authorities have tightened restrictions on civic and political freedoms, with numerous reports of enforced disappearances, arbitrary arrests, and torture. Security forces and the National Intelligence Service continue to target opposition supporters, particularly members of the National Council for Liberty, many of whom remain missing. The Imbonerakure youth group operates with impunity, intimidating critics and silencing dissent. The May to June 2025 parliamentary elections were conducted in an atmosphere of fear and limited pluralism, undermining confidence in the electoral process. The continued detention of journalist Sandra Muhoza, despite a court ruling in her favour, illustrates the government’s disregard for judicial authority. The renewal of the UN Special Rapporteur’s mandate reflects growing concern about persistent impunity and the absence of rule of law.

 Djibouti and Eritrea

Djibouti and Eritrea remain among the most restrictive states in the region, characterised by absolute control of political life and the systematic dismantling of democratic institutions. Both countries are classified as “closed” civic spaces, with citizens denied the right to assemble, associate, or express opinions freely. In Eritrea, all independent media and CSOs are banned, and journalists remain imprisoned without trial. Arbitrary detention, surveillance, and forced conscription continue to silence dissent. Djibouti exhibits a similar pattern of repression, with tightly controlled elections, a politicised judiciary, and severe limits on opposition activity. HRDs and independent voices face constant harassment, reinforcing a culture of fear that eliminates any genuine political competition or accountability.

Ethiopia

Ethiopia’s human rights situation continues to deteriorate amid widespread violations and growing restrictions on fundamental freedoms. The government has intensified pressure on independent media, HRDs, and CSOs through harassment, suspension, and bureaucratic control. Proposed amendments to civil society and media laws have raised concern about greater state interference. In the regions of Amhara, Oromia, and Tigray, civilians continue to suffer killings, disappearances, and sexual violence, with little or no accountability. Courts remain vulnerable to political influence, and security forces often act beyond the law. These conditions have weakened public trust in state institutions and cast doubt on the country’s readiness for the 2026 elections.

Kenya

Kenya experienced a sharp decline in respect for democratic norms and the rule of law during the reporting period. Security forces used excessive and often lethal force to suppress nationwide protests, with the Kenya National Commission on Human Rights documenting numerous deaths and enforced disappearances. Directives from senior officials authorising live fire against demonstrators normalised extrajudicial violence and eroded police accountability. HRDs and CSOs faced arbitrary arrests, deportations, and surveillance, while journalists and filmmakers endured censorship and intimidation. The proposed Public Order Amendment Bill 2025 threatens to further restrict the right to peaceful assembly. Despite some progressive legislation such as the Persons with Disabilities Act 2025, civic space remains constrained, and the independence of key institutions continues to weaken. 

Rwanda

Rwanda’s political and civic space remains tightly controlled, with opposition figures, journalists, and CSOs facing constant pressure. The rearrest of opposition leader Victoire Ingabire on 19 June 2025 symbolised the ongoing suppression of dissent and the lack of judicial independence. The Supreme Court’s decision to uphold the constitutionality of Article 39 of the 2018 Cybercrime Law, which criminalises the publication of rumours, further restricted online expression. Independent media operate under strict censorship, and criticism of state institutions remains a criminal offence. Rwanda’s involvement in the conflict in the Democratic Republic of Congo through support for the M23 armed group continues to undermine regional stability and raise questions about its commitment to international law. 

Somalia (including Somaliland)

Somalia continues to face a fragile political environment marked by insecurity, weak institutions, and a lack of accountability. Al-Shabaab remains a dominant threat, carrying out attacks against civilians, journalists, and HRDs. State institutions, particularly the National Intelligence and Security Agency, have also been implicated in arbitrary arrests and intimidation of independent media. Journalists face censorship and physical attacks while covering protests and political events. In Somaliland, authorities continue to arrest opposition figures and restrict demonstrations. Although the recent ratification of the African Charter on the Rights and Welfare of the Child was a positive step, systemic corruption, political interference, and impunity continue to undermine rule of law and democratic governance.

South Sudan

South Sudan remains engulfed in instability, with widespread violence, state repression, and the collapse of public institutions. Renewed clashes between the South Sudan People’s Defence Forces and the Sudan People’s Liberation Army in Opposition have resulted in mass killings and displacement. Security forces continue to carry out extrajudicial executions and arbitrary arrests, while the closed trial of suspended First Vice President Riek Machar exemplifies the absence of transparency in the justice system. Civic space remains severely restricted, and HRDs face intimidation and detention. The UN Security Council’s renewal of the arms embargo highlights the failure of the government to end impunity or restore accountability. Without credible reforms, the peace process risks total collapse.

Sudan

Sudan is experiencing one of the worst governance and human rights crises in decades as the conflict between the Sudanese Armed Forces and the Rapid Support Forces continues into its third year. Tens of thousands have been killed, and millions displaced, as both parties commit widespread abuses including extrajudicial killings, torture, sexual violence, and deliberate starvation. State institutions have collapsed, and civic space has completely disappeared. Journalists and HRDs face killings, abductions, and arbitrary detention, while humanitarian access remains severely restricted. The Human Rights Council’s extension of the Independent Fact-Finding Mission’s mandate underscores global concern about impunity and the absence of a credible pathway to civilian-led governance.

 Tanzania

Tanzania’s democratic trajectory continued to decline ahead of the October 2025 general elections. Authorities intensified harassment of opposition leaders, journalists, and religious figures, consolidating control over political and civic life. The disqualification of ACT-Wazalendo’s presidential candidate Luhaga Mpina, despite a High Court order to reinstate him, demonstrated the lack of judicial independence and the subordination of the electoral process to executive influence. Access to online platforms such as X, Telegram, and Clubhouse was blocked, while over 80,000 websites were shut down for alleged unethical content. The Communications Regulatory Authority’s suspension of JamiiForums and censorship of The Chanzo further restricted access to information. These actions reflect entrenched censorship, the silencing of dissent, and the continued erosion of rule of law.

Uganda

Uganda witnessed escalating repression in 2025, with security forces targeting journalists, HRDs, and opposition supporters through violence, abductions, and arbitrary arrests. Members of the National Unity Platform were particularly affected, as police raids and detentions became more frequent. The enactment of the UPDF (Amendment) Act 2025, which allows civilians to be tried in military courts despite a Supreme Court ruling declaring such trials unconstitutional, further undermined judicial independence. Environmental defenders opposing projects such as the East African Crude Oil Pipeline continued to face harassment and criminal charges. These trends highlight deepening authoritarianism, the politicisation of security forces, and the weakening of democratic institutions ahead of the 2026 general elections.

Recommendations

·       Urge all states parties to the African Charter on Human and Peoples’ Rights to protect HRDs, by strictly adhering to the provisions of the Charter and other international and regional instruments to which they are parties, as well as the United Nations Declaration on HRDs.

·       Call on governments to end the excessive use of force, including tear gas, bullets, and arrests, during peaceful protests and ensure law enforcement officers adhere to international standards on the use of force and firearms, to ensure the safety and rights of demonstrators.

·       Urge all countries to strengthen monitoring and accountability mechanisms to address human rights violations, foster a culture where perpetrators are held accountable for their actions especially in election processes.

·       Urge all governments to cease the intimidation and harassment of opposition figures, allow them to freely express their views and participate in political processes without fear of reprisal.

·       Call on the governments of Burundi, Ethiopia, Kenya, South Sudan, Sudan, Tanzania, and Uganda to immediately end the use of abductions, torture, and extrajudicial killings by security and intelligence agencies, and to ensure independent investigations, prosecution of perpetrators, and access to justice and reparations for victims and their families.

·       Call on the Ethiopian government to end all restrictions on civil society organisations, including surveillance, harassment and to ensure these organisations can operate freely.

·       Urge all countries to protect freedom of expression, end the arrests and intimidation of journalists and HRDs, enact laws that guarantee their rights to report and advocate freely to ensure transparency and accountability.

·       Call on the government of Somalia to uphold press freedom by allowing journalists to report freely and safely on issues of insecurity, conflict, and governance, and to end the harassment, arbitrary arrests, and censorship of media professionals in line with regional and international human rights standards.

·       Call on the Government of Tanzania to fully implement the African Commission on Human and Peoples’ Rights Resolution on the Human Rights Situation in the United Republic of Tanzania (ACHPR/Res.640 (LXXXIV) 2025), including by addressing the Commission’s concerns on civic space, media freedom, and the protection of human rights defenders, and by taking concrete steps to ensure accountability and alignment with regional human rights standards.

·       Call on all parties to the conflict in Sudan to grant immediate and unhindered access to humanitarian aid across the country, especially in conflict-affected areas, to address the urgent needs of millions facing hunger and impending famine.

·       Call on the Joint Fact-Finding Mission into the human rights situation in Sudan established as per ACHPR Resolution 590 to ensure the complementarity of its efforts with those of other actors, in particular the Office of the UN High Commissioner for Human Rights, the Fact-Finding Mission established by the UN Human Rights Council, and other appropriate regional and international entities.

·       Call on the Joint Fact-Finding Mission into the human rights situation in Sudan, established under ACHPR Resolution 590, to promptly release its findings and reports since its establishment.

·       Call on the government of Eritrea and Djibouti to provide a safe and enabling environment for civil society to flourish and protect the rights of all individuals to freely express their opinions.

·       Call on the governments of Ethiopia and Eritrea to exercise restraint, prioritize dialogue, and resolve disputes through peaceful and diplomatic means, in order to prevent the escalation of tensions into armed conflict and to safeguard regional peace, security, and the rights of affected populations.

·       Call on the government of Rwanda to engage in constructive dialogue with the Democratic Republic of Congo (DRC) and regional actors to find a peaceful resolution to ongoing conflict. 

85^th Ordinary Session of the African Commission on Human and Peoples’ Rights

 

Statement under Item 8: Activity Report of the Special Rapporteur on the Rights of Women in Africa

Observer Status No. 359

 

Honourable Chairperson,

Distinguished Commissioners,

State Delegates,

All protocols duly observed,

 

DefendDefenders and AfricanDefenders welcome the report of the Special Rapporteur on the Rights of Women and commend you and the Commission, for the progress achieved during this intersession in promoting and protecting women’s rights across Africa. We also wish to extend our congratulations on the successful completion of your term as Vice Chairperson of the Commission. 

DefendDefenders and AfricanDefenders further welcomes the report of the Joint Fact-Finding Mission on Sudan. The release comes at a critical time, as civilians continue to endure mass displacement, systematic sexual violence, and entrenched impunity amid the escalating humanitarian crisis. Your intersession report highlights the pervasiveness of conflict related sexual violence perpetrated by parties to the conflict. Sudanese women human rights defenders have been central in documenting violations, supporting survivors of sexual and gender-based violence, and sustaining essential services in areas where formal humanitarian access has collapsed. Their activism embodies the principles of the Women, Peace, and Security agenda, which this year marks twenty-five years since the adoption of UN Security Council Resolution 1325. Yet, despite their life saving contributions, they continue to face targeted attacks and reprisals. We urge you to ensure that concrete measures for the protection of women human rights defenders are prioritised in the follow up of the implementation of the Fact-Finding Mission’s recommendations. 

Honourable Commissioner,

We commend the adoption of the African Union Convention on Ending Violence Against Women and Girls in February 2025 and recognise Angola and Democratic Republic of the Congo among the first States to ratify this instrument. While the Convention represents a landmark advance in the continental response to gender-based violence, its impact will remain limited unless attacks against women human rights defenders are systematically addressed. We draw your attention to the Angolan context, where intensifying civic restrictions and crackdowns on protests have placed women lawyers, journalists, and activists at heightened risk. Women human rights defenders advocating for transparency and economic justice face surveillance and politically motivated attacks. In the Democratic Republic of Congo, four activists, Espérance Martha, Chancelle Ibrahim, Noëlla Déborah, and Christine Byaziza, were abducted in July 2025 in South Kivu while facilitating a workshop on sexual and reproductive rights. They were subjected to sexual violence and acts of torture in captivity and later forced into hiding. These grave violations highlight the urgent need for the Commission to strengthen protection mechanisms and ensure Member States create enabling environments for women human rights defenders, and for women and girls more broadly.

 Honourable Commissioner,

We remain concerned by the unfolding situation of women human rights defenders in Cameroon. Systematic restrictions on civic space have intensified amid a disputed presidential election process. Activist such as Maximilienne Ngo Mbe and Alice Nkom of the Réseau des Défenseurs des Droits de l’Homme en Afrique Centrale (REDHAC) have faced judicial harassment and the obstruction of their operations, part of a broader pattern of repression against civil society. Defenders documenting human rights abuses in the Anglophone regions work under extraordinary risk, enduring intimidation and reprisals.

Similarly, in Tunisia, human rights organisations working on migrant rights are increasingly targeted. The arrest and continued detention of Sherifa Riahi, a refugee rights activist detained while on maternity leave, is emblematic of the gendered reprisals endured by women human rights defenders. The erosion of judicial independence and the instrumentalization of counterterrorism rhetoric to repress civil society have created a climate of fear.

From Sudan to Eswatini, women human rights defenders are being forced into exile as the situation in their home countries grows untenable. In exile, they face precarious legal status, economic insecurity, and the trauma of displacement, all compounded by gendered dimensions that shape their experience. Despite these hardships, exiled women human rights defenders continue their advocacy, supporting their communities from afar.

Honourable Commissioner,

We urge you to ensure that follow-up mechanisms to the Sudan Fact-Finding Mission guarantee the substantive participation of women human rights defenders in all accountability processes. We further call on you and the Commission to adopt women human rights defender-sensitive approaches in your engagements and to strengthen existing monitoring and protection mechanisms. Women human rights defenders remain at the forefront of Africa’s human rights movement. We call on your mandate to ensure that regional frameworks evolve into tangible safeguards for the women activists who give them meaning and who bear the greatest risks in the pursuit of justice and equality. 

I thank you.

85th Ordinary Session of the African Commission on Human and Peoples’ Rights

Statement under Item 8: Activity Report of the Special Rapporteur on Human

Rights Defenders and Focal Point on Reprisals in Africa

Observer Status No. 359

Honourable Chairperson, 

Honourable Commissioners, 

Distinguished State Delegates, 

All Protocols Observed,

DefendDefenders and AfricanDefenders welcomes the report of the Special Rapporteur on Human Rights Defenders (HRDs) and Focal Point on Reprisals in Africa and wishes to congratulations to Hon. Commissioner Remy Ngoy Lumbu on the successful completion of your term as Chairperson of this Commission and express our sincere appreciation for your dedicated leadership and service. 

Hon. Commissioner,

Resolution ACHPR/Res.613 (LXXXI) 2024 condemned arbitrary arrests, detentions, torture, enforced disappearances, and excessive use of force by state security forces against environmental defenders in Uganda. Yet, security forces continue to disregard these guidelines. In September, 11 environmental defenders from Uganda were arbitrarily arrested, charged with criminal trespass, denied bail and despite the state’s failure prosecute the case, the HRDs continue to face judicial harassment. We acknowledge your urgent appeal concerning the abduction of two Kenyan HRDs in Eastern Uganda while monitoring the electoral campaign of a leading opposition figure ahead of next year’s elections. However, in response to a habeas corpus application filed before the High Court, the government denied holding them in custody. This denial is deeply troubling given Uganda’s documented history of electoral-related abuses and the approaching general elections in January 2026.

Hon. Commissioner,

Resolution ACHPR/Res.612 (LXXXI) 2024 on the pre- and post-electoral situation in Mozambique addressed concerns over electoral violence and civic space. However, the situation for HRDs in Mozambique continues to deteriorate. Following the electoral unrest, a journalist  disappeared in January after reportedly being taken by individuals in military uniform, while another prominent government critic su^ered severe metal poisoning in March. These incidents illustrate two alarming trends that must be urgently addressed, enforced disappearances and transnational repression.

Across the continent, transnational repression has surged, with states weaponising technology, diplomacy, and exile to silence dissent beyond their borders. The governments of Uganda, Tanzania, and Kenya have escalated these practices. The normalisation of the collaboration of state security agencies has enabled cross-border abductions, corroding the democratic fabric of the East African Community. In July 2025, this trend deepened when Kenya deported a sta^ member of Kenya Human Rights Commission to Uganda without justification.

The ripple e^ects of this practice have become increasingly evident in West Africa. In Benin, vocal government critic Hugues Comlan Sossoukpe, who held valid refugee status in Togo, was lured by Ivorian government authorities to Côte d’Ivoire. Upon arrival, he was arrested, transported to the airport, and forcibly returned to Benin, where he now faces prosecution before the Court for the Repression of Economic and Terrorism Crimes (CRIET).

Hon. Commissioner,

The rights to Freedom of association and peaceful assembly also remain under severe threat. Ethiopia and Algeria are advancing restrictive legal frameworks that tighten state control over civil society. In Ethiopia, a proposed proclaimation would e^ectively criminalise independent civil society organisations, granting authorities powers to appoint board members, dissolve organisations, and restrict foreign funding under vague national security justifications among others. Equally in Algeria, a draft law seeks to limit associations to roles that align with government priorities, impose conditions tied to undefined national values, and maintain complex registration and funding barriers. These developments collectively signal a regional regression in civic space and contravene obligations under the African Charter.

The right to peaceful protest has also come under renewed attack. In Madagascar, Togo, Angola, and Guinea demonstrations driven by economic hardship and governance failures have been violently suppressed. Yet despite these crackdowns, the persistence of peaceful protest demonstrates the resilience of citizens determined to demand accountability and reform.

Hon. Commissioner,

We take this opportunity to commend you for your dedication to advancing the rights and protection of HRDs across the continent. Your continued engagement with governments, responsiveness to urgent appeals, and leadership in drafting the African Declaration on Human Rights Defenders have been invaluable. We are eagerly looking forward to the adoption of this landmark Declaration, which will serve as a crucial instrument to strengthen protection, recognition, and accountability mechanisms for HRDs in Africa.

In light of the concerning developments highlighted above, we respectfully call upon the Special Rapporteur to:

1.        Investigate the growing trend of transnational repression across the region, including cases of refoulement in Benin and within East Africa, and to advocate for a resolution addressing transnational repression in Africa.

2.        Address the Governments of Ethiopia and Algeria concerning their draft laws on association, urging them to align these frameworks with the African Charter, the Guidelines on Freedom of Association and Assembly, and their constitutional, regional, and international human rights standards.

Thank you.

85th Ordinary Session of the African Commission on Human and Peoples’ Rights

Statement on the Human Rights Situation in Africa

Observer Status No. 359

Honourable Chairperson,

Distinguished Commissioners,

State Delegates,

Ladies and gentlemen,

Hon Chairperson, 

DefendDefenders and AfricanDefenders congratulate you on your election to lead this esteemed institution. We also extend our sincere appreciation to Hon. Remy Ngoy for his invaluable leadership over the past few  years.

We commend the report from the Joint African Union (AU) Fact Finding Mission (FFM) on the human rights situation in Sudan led by the African Commission on Human and Peoples’ Rights. We urge the Commission to work closely with the AU Peace and Security Council, supporting mediation efforts and facilitating dialogue among warring parties to end the conflict and prioritise protection of civilians. We further reiterate the need to centre accountability at the heart of all peace processes. An accountability mechanism in line with international human rights standards should be established to prosecute the grave violations committed in the country.

Hon Chairperson,

Nonetheless, the human rights situation across Africa remains complex, marked by ongoing violations amid armed conflicts, repression, and socio-economic struggles, alongside gradual progress in legal reforms and accountability measures. According to the Civic Space Monitor, civic space conditions in Africa remain highly restrictive, with 44 out of 49 countries rated as either obstructed, repressed, or closed. This implies that majority of people  on the continent face significant restrictions in exercising civic space freedoms. Only in the island states of Cabo Verde and São Tomé and Principe is civic space open, while Mauritius, Namibia and Seychelles have narrowed civic space. These issues are further worsened by shifting geopolitical dynamics, including global power struggles, coups,  and evolving alliances in a multipolar world.

Armed conflicts continue to cause severe suffering among civilians, with both government forces and armed groups involved, especially in countries such as Burkina  Faso, the Democratic Republic of Congo, Ethiopia,          Mali, Nigeria, Somalia, South Sudan, and Sudan.

In the Sahel, counterterrorism efforts amid jihadist threats have increasingly led to serious human rights violations, including mass killings and disappearances. Moreover, restrictions on freedoms persist, such as violent crackdowns on protests, internet shutdowns, and arbitrary detention of journalists and activists. Notably, Madagascar faces ongoing challenges, and post-electoral violence in Cameroon has already claimed four lives, with fears that violence may worsen.

The East and Horn of Africa continue to grapple with deepening political repression, armed conflict, and the systematic closure of civic space. Ongoing wars in Sudan, South   Sudan, Ethiopia, and Somalia have driven mass displacement and humanitarian crises, with civilians bearing the brunt of the violence. Electoral processes across the region have entrenched authoritarianism rather than opened space for democratic participation.

In Southern Africa, nearly 27 million people may be at risk  from hunger as of September 2025, due to poor harvests and soaring prices, with  malnutrition rising sharply in Angola, Mozambique, Madagascar, and Malawi.

Considering this, we call on the Commission to adopt a firm stance and establish a commission of inquiry to prevent multi-sided confrontations, particularly in the Great Lakes region, with a focus on the ongoing conflict     involving Rwanda and the DRC in eastern DRC.

In commemoration of Africa  Human Rights  Day celebrated every 21 October annually, weurge   the Commission to remind member states of their human rights obligations and commitments under the African Charter on    Human and Peoples’ Rights. The states’ responsibility is to   protect their citizens from human rights violations and promote respect for human rights and fundamental freedoms.

Finally, we urge the Commission to pay special attention to the human rights situations in Cameroon, Madagascar, Tanzania, and the Sahel region.

We thank you.

85th Ordinary Session of the African Commission on Human and Peoples’ Rights

Statement under Item 8: Activity Report of the Special Rapporteur on Freedom of Expression and Access to Information in Africa. 

Observer Status No. 359

Honourable Chairperson, 

Distinguished Commissioners, 

State delegates, 

Representatives of national human rights institutions and non-governmental organisations, 

Hon Chairperson, DefendDefenders and AfricanDefenders commend the Special Rapporteur on Freedom of Expression and Access to Information in Africa for her continued efforts to promote and protect this fundamental right across the continent. We share the Special Rapporteur’s concern about the persistent and systematic infringements on freedom of expression and access to information in several African states, reflecting a broader rollback of civic space and democratic freedoms.

Across Africa, journalists, human rights defenders (HRDs), and civil society actors continue to face harassment, intimidation, arbitrary arrests, enforced disappearances, and judicial persecution for exercising their right to free expression. Governments increasingly weaponise legislation—such as anti-terrorism, cybercrime, and anti-crime laws—to criminalise dissent and restrict press freedom, often under the guise of national security or public order.

Across several states, repressive laws are being used to silence independent voices. In Niger, an anti-crime law criminalises criticism of the military regime with penalties including imprisonment and loss of nationality. Rwanda’s Cybercrime Law and Kenya’s regulations on online content have been instrumental in curbing public discourse, while Ethiopia continues to use vague provisions under the media and anti-terror laws to justify arbitrary arrests of journalists. Côte d’Ivoire has threatened severe penalties of up to 20 years’ imprisonment for “illegal expressions,” and in Burundi, journalists and commentators have been jailed under broad accusations of undermining state integrity.

Freedom of expression online is increasingly under attack. In Tanzania, more than 80,000 websites have been blocked, while access to platforms such as X and Telegram remains restricted. Kenya has used its Communications Authority to halt live coverage of protests and suspend broadcasters. In Eritrea, where all independent media remain banned, digital activism is closely monitored, and online critics face detention. Meanwhile, Somalia and Somaliland have extended state control to online spaces,

In many countries, journalists and defenders operate under constant threat. In Ethiopia, reporters such as Tesfalem Waldyes and Yonas Amare have been arbitrarily arrested or have been arbitrarily arrested or abducted. In Kenya, the killing of blogger Albert Ojwang and attacks on Kenya Human Rights Commission offices highlight the dangers faced by media workers. Ugandan journalists and opposition figures continue to face abductions and intimidation ahead of the 2026 elections. In Burundi and South Sudan, reporters have been detained or barred from covering politically sensitive events, underscoring the erosion of accountability and media independence.

In conflict-affected states, freedom of expression has become an early casualty. In Sudan, journalists have been killed, abducted, and detained by both the Sudanese Armed Forces and the Rapid Support Forces. In South Sudan, media houses have been blocked from covering trials and political proceedings. In Somalia, reporters face violence from both state actors and Al-Shabaab. These attacks not only endanger lives but also deepen information blackouts, fuelling impunity for human rights abuses.

In countries such as Eritrea and Djibouti, independent journalism is virtually non-existent. Strict state control, surveillance, and the absence of independent oversight mechanisms have silenced all forms of critical reporting and civic participation. Eritrea’s continued ranking as the lowest globally on press freedom underscores the persistence of total information control.

As DefendDefenders and AfricanDefenders, we are deeply alarmed by this collective backsliding. These violations undermine transparency, erode democratic participation, and weaken public trust in institutions. They also threaten the safety and well-being of journalists, human rights defenders, and citizens who depend on access to information to hold power to account.

We therefore urge the African Commission on Human and Peoples’ Rights to:

• Call on member states to uphold Article 9 of the African Charter by guaranteeing freedom of expression and access to information without intimidation or restriction;
• Urge states to repeal or amend repressive laws used to criminalise journalists, HRDs, and online expression;
• Ensure that digital spaces remain open and protected from arbitrary shutdowns and censorship;
• Support the establishment of independent national mechanisms for the protection of journalists and human rights defenders; and
• Strengthen cooperation between the Special Rapporteur’s mandate and national human rights institutions to promote accountability and monitor compliance with regional standards.

DefendDefenders and AfricanDefenders reaffirm their commitment to working with the African Commission and the Special Rapporteur to promote a continent where all individuals can express themselves freely, access information openly, and contribute without fear to building just, democratic, and accountable societies.

We thank you.