Introduction
Media freedom is an essential component of peace building and democratic development that achieves the goals and aspirations of the people of Southern Sudan.
Given the establishment of the Government of Southern Sudan, there is now a need for a legislative and policy process to give effect to the Interim Constitution and ensure that Freedom of Expression and Media rights are respected in accordance with international guarantees.
The Comprehensive Peace Agreement
The Comprehensive Peace Agreement includes the following as a principle to guide the distribution of power and the establishment of structures:
Acknowledgement of the need to promote the welfare of the people and protect their human rights and fundamental freedoms….
The Agreement also deals directly with human rights. The parties agreed to comply fully with their treaty obligations under international law, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR). The agreement specifically recognises a long list of rights, including the following:
Freedom of Thought, Conscience and Religion
Everyone shall have the right to freedom of thought, conscience and religion;
Freedom of Expression
Everyone shall have the right to freedom of expression…
The Agreement does not actually specify whether or under what conditions the right to freedom of expression, or any other right, may be restricted. However, the agreement provides:
No derogation from these rights and freedoms shall be made under the Constitution or under the ICCPR except in accordance with the provisions thereof and only with the approval of the Presidency and the National Legislature….
It may, therefore, be presumed that restrictions in accordance with the ICCPR are permissible. Indeed, the Interim Constitutions provide for this.
The Interim Constitutions also provide for Human Rights Commissions, with a mandate to monitor the rights set out in the respective constitutions.
Any transitional strategy should have as its overriding goal the development of a framework that creates the necessary space for the fullest exercise of freedom of
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