The African Commission on Human and Peoples’ Rights (ACHPR) has expressed concern that human rights defenders, journalists, whistleblowers, community activists, lawyers, and opposition figures are particularly vulnerable to Strategic Litigation Against Public Participation (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.

To this end, the Commission urged 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.

Members of the Commission stated this at its 88th Ordinary Session held virtually. 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 SLAPPs and other forms of abusive litigation.

The Commission 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

It 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.