cover image: Republic of the April  2024 Congo


Republic of the April 2024 Congo

11 Apr 2024

5 The right to freedom of expression is also found in the African Charter on Human and Peoples’ Rights,6 to which the Republic of Congo is also a State party.7 Unlike the ICCPR, the text of that treaty is less clear about the scope of restrictions on freedom of expression, providing that there is a right to freedom to express and disseminate opinions “within the law”.8 However, the African Commiss. [...] Mandate of the Regulatory Body Article 212 of the Constitution of the Republic of the Congo provides for the establishment of the Superior Council for Freedom of Communication (Superior Council) with the general mandate of “seeing to the good exercise of the freedom of information and of communication”,11 and Article 213 of the Constitution provides for the elaboration of the Council’s functions t. [...] 16 The President of the Republic is responsible for designating three of these members; one member is designated by each of the President of the Senate, the President of the National Assembly, the Prime Minister and the Supreme Court; two members are designated by the consultative council of civil society and non-governmental organisations; and a further two are elected by information and communic. [...] 4 Republic of the Congo: Analysis of the 2001 Law on Freedom of Information and Communication although accounts are submitted to the Court of Accounts and Budgetary Discipline.23 In view of the significant powers of the President of the Council, this post should not be named by the President of the Republic. [...] The Right to Information Article 3 of the Communications Law provides that the exercise of freedom of information and communication may be limited only to protect the following interests: • Respect of human dignity; • Liberty and property of others; • The pluralist and character of the expression of thought and opinion; • The safeguarding of public order; • National defence; • Demands of public se.


Richard Du

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