Does the ACHPR Really Get It?! Human Rights Defenders, African Values, and the Dangerous Drift Toward Normative Regression

Author: Mai Aman
Centre for Human Rights, University of Pretoria

Civil society organisations (CSOs) participating at the 87th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR/ the Commission), held in Banjul, the Gambia from 12 to 20 May 2026, were alarmed when discussions began emerging around a Draft Declaration on the Promotion of the Role of Human And Peoples’ Rights Defenders And their Protection In Africa. For many CSOs working directly on civic space, freedom of expression, protest rights and defender protection across the continent, this was the first time they had become aware that such a process was already underway within the Commission.

The concern was not simply procedural, although the limited consultation surrounding a Declaration of such potential normative significance immediately raised questions. Rather, alarm quickly grew once civil society actors were able to review the text itself. As the Draft Declaration began circulating during the session, organisations realised that, in its current form, the Declaration risked doing the exact opposite of what a Declaration on human rights defenders should do; instead of strengthening protections for defenders operating in increasingly hostile environments, the Draft Declaration appeared capable of legitimising the very frameworks already being used to repress them.

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Courting Dignity: The East African Court of Justice and the Jurisprudence of Silence

Author: Carolyn W. Gatonye
Kabarak University

The silence of the East African Community (EAC) in the face of rising repression in Tanzania is deafening. Yet, this is hardly new thunder in the EAC bloc. Time and again, the region has watched storms gather over its neighbors; tremble, then retreat. Its response to human rights violations has slowly been morphing into a modern norm, where crises within partner states are met with studied indifference. No meaningful condemnation, no show of solidarity with those whose rights are violated, just mere silence, setting a dangerous precedent that suggests member states may violate fundamental freedoms without fear of regional scrutiny. It’s from this refusal to speak out, that the EAC risks complicity in the very injustices its Treaty seeks to prevent.

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Of Tanzania’s cybercrimes law and the threat to freedom of expression and information

daniel_marariAuthor: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden

On May 8th, 2015 a press release revealed that the Tanzanian President, Jakaya Kikwete, has signed the controversial Cybercrimes Bill which seeks to criminalize acts related to computer systems and information and communication technologies and to provide for a system of investigation, collection and use of electronic evidence. The said law has serious implications for constitutional and international human rights, particularly freedom of expression and information online and the right to privacy. The most controversial provisions relate to criminalization of sharing of information, extensive police powers of search and seizure, surveillance without judicial authorization as well numerous vaguely defined offences.

It is important to note that that freedom of expression is one of the fundamental aspects of human life. As human beings, we need freedom to develop and share thoughts or ideas about things that happen and influence the way we live. Freedom of opinion, expression and information encourages free debate and plurality of ideas which is important for development of any society. More importantly, these rights are internationally recognised human rights. They are engrained in the Universal Declaration of Human Rights 1948 (art.19), the International Covenant on Civil and Political Rights, 1966 (art.19) and the African Charter on Human and Peoples Rights 1981 (art.9), all of which have been ratified by Tanzania.

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