Freedom of expression is not just a right in itself – it is the foundation that allows us to exercise and defend all other human rights, and is safeguarded under international law: CHOGM statement.

For us, the adoption by the Commonwealth Heads of Government Meeting (CHOGM) on 26 October 2024 in Apia, Samoa, of the Principles on Freedom of Expression and the Role of the Media in Good Governance was the most important part of the meeting, because these principles highlight the importance of freedom of expression and media freedom to democracy.

They urge Commonwealth governments to "consider repealing or amending laws which unduly restrict the right to freedom of expression."

We have already called for the repeal of the criminal libel provision in our law and for the passage of a Freedom of Information Act. This call is in support of the Commonwealth Human Rights Initiative and the Commonwealth Journalists Association's call on States to take practical and effective steps to end arbitrary excessive restrictions on free expression.

It would be argued that there is hardly any restrictions on free expression other than the provisions mentioned but the refusal of officials to answer questions and the reluctance of leaders to give press conferences are just as effective ways to keep the public from voicing their grievances directly to authorities.

In adopting the principles on freedom of expression the Commonwealth as a whole was urged to audit progress and engage with civil society to ensure that the Principles are implemented in reality.

It is well known that freedom of expression is under threat.

According to UNESCO, 178 journalists were killed in Commonwealth countries alone, between 2006 and 2020.

Furthermore, the impunity rate for the killings of journalists during that same time is 96% - which is notably higher than the global impunity rate of 87%.

Reporters Withour Borders (RSF) has documented 547 journalists imprisoned globally as of the end of 2023, with legal harassment often used as a tool to stifle dissent and investigative reporting.

Many Commonwealth countries still maintain restrictive, colonial-era laws that curtail free expression, suppress diverse voices, and inhibit the transparency that is essential for democracy.

In the Commonwealth, 41 countries continue to criminalise defamation; 48 countries still retain laws related o sedition; and 37 still have blasphemy or blasphemy-like laws, as set out in a soon to be released report by the Commonwealth Human Rights Initiative (CHRI) and the Commonwealth Journalists Association (CJA), with other Commonwealth partners, entitled Who Controls the Narrative? Legal restrictions on Freedom of Expression in the Commonwealth.

"These laws, often enforced through criminal sanctions, have a chilling effect on activists, journalists, and others who fear retaliation for speaking truth to power", said William Horsley of the Commonwealth Journalists Association. "This has led to an alarming rise in self-censorship and a decline in the independent and dissenting voices that are vital for holding governments accountable."

Will we soon know of a government audit on progress on the adoption of the Principles "in reality'?

Ia manuia lava le vaiaso fou.