[WSIS CS-Plenary] spec rapp on freedom of expression

[Rikke Frank Joergensen]

Hi all

Please find below the speech of the UN special Rapporteur on freedom of
expression, addressing the Human Rights Council on 22 Sept. 2006. The SR
addresses media freedom, the Danish cartoon crisis, WSIS and internet
governance.

Best
Rikke
-----------------

Statement by Mr. Ambeyi Ligabo, Special Rapporteur on the Promotion and
Protection of the Right to  Freedom of Opinion and Expression

At the second regular session of the Human Rights Council
(18 September - 6 October 2006)

Mr. Chairman, Members of the Bureau, distinguished delegates, ladies and
gentlemen 

Freedom of opinion and expression is one of the pillars of a fair and
democratic society.   Indeed, the interpretation of principles related
to its essence and implementation may extensively vary, particularly
when it comes to the definition of opinion-related offences.  Anyhow,
the free flow of news, information and ideas, within and across national
borders, contributes to the better understanding of societies that are
culturally, and often physically, distant from each other.  The
increasing access to global information through modern technologies is
also an essential component of a successful development strategy. 

Regrettably, violations of the right of freedom of opinion and
expression, at various extents and forms, continue to take place in many
countries.  Reinforcing the Rule of Law will contribute a great deal to
decrease cases of impunity.  Parliaments should also examine, in a
speedily manner, new laws and regulations which could allow the full
enjoyment and exploitation of new technologies available today.

Comprehensive and pluralist information can only be guaranteed if media
professionals are allowed to work with sufficient protection and
security, within freedom prerogatives.  States have the primary
responsibility to take all suitable measures to ensure that journalists
receive support and protection while working on dangerous subjects and
in unsafe areas.  States are also responsible for ensuring that those
committing crimes against media professionals are brought to justice. 

I have received allegations concerning military operations that would
principally have targeted media professionals and their work facilities.
Many other journalists were killed while investigating corruption cases
and alleged mismanagement by States' officials, or by criminal
organizations acting with or without the support of States' apparatus.
According to reliable sources, from 1 January to 17 August 2006, 84
media professionals were killed while on duty: while in Africa and in
the European continent figures are on the average, the situation is
extremely serious in Asia and Latin American and absolutely appalling in
the Middle East.  

I have been following with great interest the debate on the
reinforcement of the security of media professionals on the proposed
creation of a press emblem.  Alternatively, some other media
organizations have proposed that the Security Council adopt a ad hoc
resolution.  A third option, which in my opinion could be the most
pragmatic and a step forward in enhancing security of media
professionals, is the drafting of international guidelines and rules on
this matter.  This honorable Council may wish to consider the
opportunity of convening a group of experts to prepare a wide-ranging
study on the causes and consequences of violence against journalists and
legal remedies available.

In recent years, several countries replaced, partially or totally,
criminal defamation laws with civil defamation laws, a measure that also
allows reducing the workload and costs of overburdened judiciary
systems. Unfortunately, some of these judicial reforms did not abolish
offences such as those that "insult national institutions and or
national symbols" which can easily be used in relation to allegedly
defamatory statements.

The issue of the decriminalization of defamation, slander and libel
remains at the heart of a generalized progress in the field of freedom
of expression: breaches of defamation laws are still sanctioned with
prison sentences, suspended prison sentences, excessive fines,
suspension of the right to express oneself through any particular form
of media, or to practice journalism.  In many countries defamation laws
are too frequently used to stifle public debate about matters of general
concern, and to limit criticism of officials.

I, therefore, wish to reiterate my support for the decriminalization of
defamation and related offences.  Public officials and authorities
should not take part in the initiation or prosecution of criminal
defamation cases and should not be granted greater protection than the
ordinary citizen; they should instead tolerate more criticism because of
the nature of their public mandates and responsibilities.

Distinguished delegates

At the invitation of the Danish Human Rights Institute, I visited
Denmark in April 2006 to participate in a number of meetings, including
meetings with Government's officials, in which I gathered significant
information regarding the so-called "Danish Cartoons Affaire". 

In Denmark, Press and Media enjoy an extended editorial freedom and play
a pivotal role in providing an arena for debate thus promoting the free
exchange of opinions and ideas.  However, the use of stereotypes,
libeling and insulting ethnic, social and religious groups do not help
in support of the relentless efforts to consolidate an open and
multicultural society.   Polarization of opinions, often based on
distorted arguments and narrow-mindedness, can endanger constructive and
peaceful dialogue among different communities thus causing disharmony
and friction in delicate social and cultural balances. 

Freedom of religion and freedom of expression must walk together.  There
will be no freedom of expression without freedom of religion, because
creeds and beliefs are an essential, deep-rooted component of the life
of billions people.  The spiritual urgency to express, both publicly and
privately, one's own faith cannot be repressed.  All believers,
regardless of their faith or creed, have the right to practice their own
religion without any restriction, the only limit being the respect of
others' rights and freedoms.
    
The final phase of the World Summit on the Information Society, held in
Tunis from 16 to 18 November 2005, was marked by strenuous debates
around issues like the global access and exploitation of Internet
resources, and enhanced dissemination and availability of information.
The Internet revolution has definitely opened a new era for freedom of
opinion and expression, especially for the numerous opportunities for
the dissemination of education and knowledge.  Internet availability may
have a terrific impact on the quantity and quality of information at the
disposal of the most disadvantaged classes, especially the rural poor.
The international community at large, including private enterprises,
should take this opportunity to provide a chance for substantial human
and economic development in the less developed countries through the
exploitation of Internet resources.

The establishment of an intergovernmental organization on Internet
governance must be solidly anchored to the principles of freedom of
opinion and expression as enshrined in international human rights
instruments.  Private corporations, which have been playing a crucial
role in the promotion of modern technologies, the United Nations, States
and civil society, will need to cooperate closely in order to make sure
that human rights will be a fundamental and unavoidable component of the
future of Internet governance.  

However, much has still to be done to reach a collective concept of
Internet Governance.  Regrettably, I have received numerous reports of
harassment, arrest, trial and detention of Internet writers in several
countries. Law-enforcement agencies closed several websites and arrested
ordinary customers and bloggers, who have subsequently been charged of
opinion-related offences, such as defamation or slander, and
terrorist-like activities such as "acts against State security". 

Mr. Chairman,
Since my presentation before the 61th session of the Commission, I
participated in the celebration of World Press Freedom Day on 3 May
2005, organized by UNESCO in Dakar. The theme of the Dakar meeting was
the role played by the media in promoting democracy and good governance
by ensuring transparency and accountability, promoting participation and
the rule of law, and contributing to the fight against poverty. 

I was also invited to the International Press Institute World Congress
and 54th General Assembly, held in Nairobi, from 21 to 24 May 2005,
where I participated in a panel entitled "Pluralism and democracy, the
African experience". In my speech, I pointed out that the quest for
freedom of opinion and expression by all African peoples was higher than
ever and the access to modern communication technologies may open new
opportunities for human and economic development.

On 3 May 2006, I was invited to the celebrations of the World Press
Freedom Day, organized by the Department of Public Information of the
United Nations Office in Geneva, where the participants discussed the
role of the Press and the Media in general for enhancement of democracy
and the advancement of human rights.

On 24 June 2006, I participated in the 8th Annual NGO Forum on Human
Rights, organized by the Department of Foreign Affairs of the Republic
of Ireland.  The theme of the Forum, chosen to coincide with the
inaugural session of this honorable Council, was "Global Human Rights
Protection-the way forward".

In June 2005 and 2006, I attended the twelfth and thirteen meeting of
the special rapporteurs/representatives, independent experts and
chairpersons of working groups of the special procedures and advisory
services programme held in Geneva.

Mr. Chairman,
I would now like to update this honorable Council on my activities with
regard to urgent appeals and allegations letters, sent to Governments
for their comments, observations and eventual remedial action.  
In 2005, I signed or co-signed with my fellow special rapporteurs and
experts 490 communications on allegations of human rights violations, to
96 different countries, regarding 1328 individuals.  Replies were
numerous, 42%, but I wish to encourage again Governments to include in
their responses exhaustive information on human rights violations, thus
avoiding political statements.  I also wish to thank all those
components of the civil society for providing my mandate with credible
information. 
Distinguished Delegates, I would now like to update the Commission on my
country visits programme

I also wish to express my appreciation to the Governments of Algeria,
Azerbaijan, Guatemala, Honduras, Libya Jahamairia, Macedonia, Maldives,
Sri Lanka, Sudan and Ukraine for inviting me to visit their countries, a
task that I intend to accomplish within the time-framework of my
mandate.   


I thank you Mr. Chairman

END