Resolution on the Need to Conduct a Study on Strategic Litigation Against Public Participation (SLAPPs) in Africa - ACHPR. Res. 667(LXXXVIII) 2026
The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 88th Ordinary Session, held virtually, from 17 to 31 July 2026:Recalling its mandate to promote and protect human. . .
The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 88th Ordinary Session, held virtually, from 17 to 31 July 2026:Recalling its mandate to promote and protect human and peoples’ rights in Africa under the African Charter on Human and Peoples’ Rights (the African Charter);Reaffirming the guarantees to access to justice and fair trial under Article 7, freedom of expression and right to information under Article 9, freedom of association under Article 10, freedom of assembly under Article 11, and the right to participation under Article 13 of the African Charter;Further reaffirming the legal protections accorded to expression, information, and participation rights, as well as the recognition of the principles of transparency and accountability in regional treaties, most notably the African Charter on Democracy, Elections and Governance and the African Union Convention on Preventing and Combating Corruption;Underscoring the Declaration of Principles on Freedom of Expression and Access to Information in Africa, which strengthens the protections for freedom of expression, media freedom, and access to information in the offline and digital world, and obligates States to adopt legislative, administrative, judicial, and other measures to implement the Declaration;Recalling ACHPR/Res. 657(LXXXVI) 2026 on Access to Information and the Right to a Healthy Environment which notes the abuse of Courts by powerful individuals or organisations to silence, intimidate, and financially exhaust those investigating, exposing and reporting on threats to rights through the use of strategic lawsuits against public participation (SLAPPs), and calls upon States to adopt appropriate, legislative, administrative and judicial measures to deter and address vexatious, harassing or abusive resorts to litigation that unduly restrict and chill public participation in environmental matters;Further recalling Resolution ACHPR/Res. 166(XLVII)10 on the Deteriorating Situation of Freedom of Expression and Access to Information in Africa, Resolution ACHPR/Res. 169 (XLVIII)10 on Repealing Criminal Defamation Laws in Africa and ACHPR/Res. 345(LVIII)2016 on the Situation of Human Rights Defenders in Africa, which raises concern on violations faced by human rights defenders, including judicial harassment;Concerned that human rights defenders, journalists, whistleblowers, community activists, lawyers, and opposition figures, especially those pursuing advocacy for human rights, climate and environment, corruption, corporate accountability, labour rights, and sexual and gender-based violence, are most vulnerable to SLAPPs;Considering that flawed legal frameworks on defamation, false news, insult, sedition, and harassment, which are vaguely worded, bearing disproportionate sanctions, are often misused in pursuit of SLAPP and are incompatible with regional and international standards;The African Commission1. Calls on States Parties to:i. Conduct investigations into allegations of misuse of Court process through abusive and oppressive litigation, particularly targeted at public watchdogs, including journalists, human rights defenders, community activists, whistleblowers, and opposition figures, and hold perpetrators to account;ii. Develop, strengthen, and enforce professional ethical standards, complaints mechanisms, and disciplinary frameworks governing legal practitioners and law firms to prevent and sanction participation in SLAPPs and other forms of abusive litigation;iii. Provide and promote access to legal aid and assistance services to financially disadvantaged and vulnerable persons or groups who are SLAPP victims to protect their rights to fair trial and access to justice and mitigate the financial and psychological burden of abusive litigation as guided by the African Commission’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa. 2. Decides to task the Special Rapporteur on Freedom of Expression and Access to Information in Africa and the Special Rapporteur on Human Rights Defenders in Africa to conduct a study on the nature and scope of Strategic Litigation Against Public Participation in Africa, in addition to the means to address them, and appeals to all stakeholders to cooperate with the Special Rapporteurs to support this study. Done virtually on 31 July 2026