ABSTRACT

Freedom of speech is a fundamental principle supporting the rights of individuals and communities to express their thoughts and ideas without the fear of retribution, censorship, or legal penalties. While the term “freedom of expression” is often used interchangeably, it encompasses all activities involving the search for, receipt of, and communication of information and ideas, regardless of the medium employed. This right is enshrined as a fundamental human right in Article 19 of the Universal Declaration of Human Rights (UDHR) and is also recognized in international human rights law through the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the UDHR asserts that “everyone has the right to freedom of opinion” and “to freedom of expression,” which includes the freedom to seek, receive, and disseminate information and ideas in various forms.

Cameroon has experienced significant violations of the right to freedom of expression. For instance, in September 2019, the African Commission on Human and Peoples’ Rights found that Cameroon infringed upon freedom of expression, non-discrimination, and property rights by failing to establish an independent licensing authority for a broadcasting company. The petitioners pointed out three distinct human rights violations. This study critically examines the extent to which freedom of expression and press are protected in Cameroon, considering the frameworks and institutions designed to safeguard this freedom within the country. Qualitative research methods, not relying on numerical or statistical data, are employed for this investigation. The study reveals that despite the international focus on human rights abuses in Cameroon’s major cities three years ago, violations of freedom of expression continue to occur at an alarming rate in the rural areas of the north. In these less visible regions, government and traditional authorities suppress opposition activities and government critics through arbitrary or unlawful means, away from the international community’s scrutiny.

Addressing human rights issues only in places where abuses are conspicuous and likely to attract international attention is inadequate. Cameroon must ensure that freedom of expression is respected and upheld across the entire nation.

CHAPTER 1
GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

The concept of freedom of speech upholds the right of individuals and communities to express their opinions and ideas without the fear of reprisal, censorship, or government sanctions. While “freedom of expression” is often used interchangeably, its legal interpretation encompasses activities involving the search for, receipt of, and communication of information and ideas, irrespective of the medium used.

This right to freedom of expression is internationally recognized as a fundamental human right under Article 19 of the Universal Declaration of Human Rights (UDHR) and is further codified in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the UDHR affirms that “everyone has the right to hold opinions without interference” and “everyone has the right to freedom of expression,” including the freedom to seek, receive, and convey information and ideas through various means, such as oral, written, printed, artistic, or any other chosen medium. The ICCPR modifies this by stating that while these rights entail “special duties and responsibilities,” they can be subject to specific restrictions when necessary to protect the rights, reputation of others, or national security, public order, health, or morals.

Freedom of speech and expression, therefore, is not regarded as an absolute right. Common limitations encompass areas like libel, slander, obscenity, pornography, sedition, incitement, classified information, copyright infringement, and various other factors. Justifications for these restrictions are often based on the harm principle, proposed by John Stuart Mill in “On Liberty,” which suggests that the exercise of power over an individual is only justified to prevent harm to others.

The “offense principle” is another concept used to justify limitations on speech, involving the restriction of expressions considered offensive to society, taking into account factors such as the extent, duration, motives, and avoidability of such expressions. With the advent of the digital age, the application of freedom of speech becomes more contentious due to new means of communication and the emergence of restrictions like China’s Golden Shield Project, which filters potentially unfavorable data from foreign countries.

The history of freedom of speech and expression predates modern international human rights instruments. It is believed that the ancient Athenian democratic principle of free speech emerged around the late 6th or early 5th century BC. Roman Republic values also included freedom of speech and religion.

Early human rights documents contained concepts of freedom of speech, and England’s Bill of Rights in 1689 established the constitutional right to freedom of speech in Parliament, which remains in effect today. One of the earliest freedom of the press acts was introduced in Sweden in 1766, primarily due to the efforts of classical liberal member of parliament, Anders Chydenius. This act allowed vocal opposition to the King and the Church of Sweden.

During the French Revolution in 1789, the Declaration of the Rights of Man and of the Citizen specifically recognized freedom of speech as an inalienable right. Freedom of speech became a part of the First Amendment to the United States Constitution in 1791. The French Declaration emphasized the free communication of ideas and opinions as a precious right, with citizens enjoying the freedom to speak, write, and print, albeit with responsibility for abuses defined by law.

Article 19 of the Universal Declaration of Human Rights, adopted in 1948, solidifies the right to freedom of opinion and expression. This encompasses the freedom to hold opinions without interference and to seek, receive, and convey information and ideas through any media, regardless of frontiers.

Today, freedom of speech, or freedom of expression, is firmly entrenched in international and regional human rights laws, including the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples’ Rights. Based on the arguments of John Milton, freedom of speech is considered a multi-faceted right, including not only the right to disseminate information and ideas but also the right to seek, receive, and impart information and ideas. International, regional, and national standards recognize that freedom of speech encompasses any medium, whether oral, written, printed, online, or through artistic forms. This extends the protection of this right to include not just the content but also the means of expression.

In Africa, there has been a notable shift toward democratic societies, marked by political and economic changes. These changes include the establishment of democratic institutions, the reform of authoritarianism, and the extension of basic freedoms. Many African states have moved from one-party dictatorships and military rule to embrace political pluralism and constitutional governance, dividing political power and authority among various bodies subject to legal and democratic oversight. These changes have also involved reducing state restrictions on civic associational life and allowing more room for the formation of voluntary organizations and trade unions.

Respect for fundamental rights and freedoms, with freedom of expression at the forefront, is crucial for the existence of a democratic society. The exercise of democratic self-government, whether in direct or representative forms, relies on informed judgments and requires free and open access to all available and relevant ideas and policies. In Cameroon, freedom of expression is not only a fundamental human right but also a vital element in establishing a democratic society. A true democracy cannot exist if citizens cannot freely express their opinions. However, introducing freedom of expression in Cameroon has faced challenges, as the nation grapples with economic crises and pressure to democratize. While the winds of change that swept across Africa in the late 1980s seemed to usher in a new era, leaders now face demands from impatient citizens to unfreeze their political, social, and economic rights. Tyrants and dictators posing as democrats appear to be shaping the nature and guiding principles of the new order. Freedom of expression and press remains a challenging issue in Cameroon, as exemplified by the violent government response to the 2016 protests by Anglophone lawyers and teachers advocating for political and educational reforms.

This research aims to explore the underlying causes of these challenges despite legal provisions at national and international levels. The study seeks to provide recommendations to address these issues comprehensively.