The African Commission on Human and Peoples’ Rights (ACHPR) has called on African countries to 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 the perpetrators to account.
In a resolution adopted at its 88th Ordinary Session held virtually from July 17 to 31, 2026, the Commission also asked African Governments to “develop, strengthen, and enforce professional ethical standards, complaints mechanisms, and disciplinary frameworks governing legal practitioners and law firms to prevent and sanction participation in the practice commonly known as Strategic Litigation Against Public Participation (SLAPPs) and other forms of abusive litigation.
In the resolution, ACHPR/Res.667 of 2026, titled “Resolution on the Need to Conduct a Study on Strategic Litigation Against Public Participation (SLAPPs) in Africa”, the Commission expressed concern that human rights defenders, journalists, whistleblowers, community activists, lawyers, and opposition figures are particularly vulnerable to SLAPPs, especially when they engage in advocacy relating to human rights, climate and the environment, corruption, corporate accountability, labour rights, and sexual and gender-based violence.
It explained that SLAPPs are generally understood as lawsuits initiated or threatened by powerful individuals, corporations, or other entities with the primary effect of intimidating critics, imposing financial and psychological costs, and discouraging them from participating in matters of public interest.
The Commission noted that powerful individuals or organisations can abuse the courts to silence, intimidate, and financially exhaust people investigating, exposing, or reporting threats to rights, adding that it had previously raised concerns about the use of SLAPPs in environmental matters and called on States to adopt measures to deter vexatious, harassing, or abusive litigation that restricts public participation.
In its latest resolution on the subject, the Commission called on States to 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.
It mandated its Special Rapporteur on Freedom of Expression and Access to Information in Africa, as well as the Special Rapporteur on Human Rights Defenders in Africa, to conduct a study on the nature and scope of SLAPPs in Africa, and the means to address them.
The Commission appealed to all stakeholders to cooperate with the Special Rapporteurs and support them to carry out the study.
It also expressed concern about legal frameworks dealing with defamation, false news, insult, sedition, and harassment, which it said are often vaguely worded and carry disproportionate sanctions, saying that such provisions are frequently misused in pursuit of SLAPPs and are incompatible with regional and international standards.
The resolution recalled Article 9 of the African Charter on Human and Peoples’ Rights, which guarantees freedom of expression and the right to information, as well as Article 7 on access to justice and fair trial, Article 10 on freedom of association, Article 11 on freedom of assembly and Article 13 on the right to participation.
It also emphasised the protection of freedom of expression, access to information, and right to participation contained in the Declaration of Principles on Freedom of Expression and Access to Information in Africa, which requires States to adopt legislative, administrative, judicial, and other measures to implement the Declaration. The Commission noted that the document specifically strengthens protections for freedom of expression, media freedom, and access to information in the offline and digital world.
The Commission reaffirmed “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.”
It cited its recent resolution, ACHPR/Res.657 of 2026, on Access to Information and the Right to a Healthy Environment, saying it 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 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.
The Commission also recalled other earlier resolutions such as ACHPR/Res. 166 of 2010, on the “Deteriorating Situation of Freedom of Expression and Access to Information in Africa”, ACHPR/Res.169 of 2010 on “Repealing Criminal Defamation Laws in Africa”; and ACHPR/Res. 345 of 2016 on the “Situation of Human Rights Defenders in Africa” saying they raised concerns about violations faced by human rights defenders, including judicial harassment.
