Libertad de Expresión
2 - Chapter I - General Reports
A. Mandate and competence of the Office of the Rapporteur for Freedom of Expression and Information
The Office of the Special Rapporteur for Freedom of Expression and Information is a permanent office with functional independence and its own budget. The Inter-American Commission on Human Rights created the Office in exercise of its authorities and competence. The Office operates within the juridical framework of the Commission.[1]
The Inter-American Commission on Human Rights (IACHR) is an organ of the Organization of American States (OAS) whose primary function is to promote the observance and defense of human rights and to serve as the Organization’s advisory body on this subject. The Commission’s authority derives mainly from the American Convention on Human Rights,the American Declaration of the Rights and Duties of Man and from the Charter of the Organization of American States. The Commission investigates complaints of human rights violations, renders its findings on those complaints, conducts on-site visits, prepares draft treaties and declarations on human rights, and prepares reports on the situation of human rights in the countries of the region.
The Commission has addressed the specific issue of freedom of expression by way of its system of individual petitions, where it has ruled on cases of censorship and crimes committed against journalists that have gone unpunished. In its special reports, such as the report on contempt laws that penalize expression offensive to public officials (leyes de desacato),[2] the Commission has spoken out about threats to the media and the restrictions placed on the media. Similarly, the Commission has examined the situation of freedom of expression and information during a number of its on-site visits and in its general reports.[3] The Commission has also requested precautionary measures for urgent action to avoid irreparable harm to persons.[4] In several cases, these measures were adopted to allow freedom of expression to be exercised in full and to protect journalists.[5]
The Commission saw the deep concern that many sectors of society in the member States shared with regard to the restrictions constantly placed on exercise of the right to freedom of expression and information and listened to their suggestions. From its own observations, the Commission perceived the serious threats and obstacles to freedom of expression and information, a building block and buttress of the rule of law. Therefore, at its 97th regular session in October 1997 and in exercise of the authorities that the Convention and its own Regulations confer upon it, the Commission, by unanimous vote, decided to create an Office of the Special Rapporteur for Freedom of Expression (hereinafter “the Office of the Rapporteur”). It established it as a permanent unit with functional independence and its own operating structure. At its 98th special session in March 1998, the Commission determined what the general characteristics and functions of the Office of the Rapporteur would be and decided to create a voluntary fund of economic assistance for the Office.[6] In 1998, the Commission announced a public competition for the position of Special Rapporteur for Freedom of Expression in the Americas. After evaluating all the applications and interviewing a number of candidates, the Commission decided to appoint an Argentine attorney, Santiago Alejandro Canton, as Special Rapporteur. The latter started his work on November 2, 1998.
In creating the Office of the Rapporteur, the Commission had several objectives in mind for it. It wanted the Office to stimulate awareness of the importance of full respect for freedom of expression and information in the hemisphere, given the fundamental role that right plays in building and strengthening the democratic system of government and in getting violations of the other rights reported and protected. It also wanted it to make specific recommendations to the member States on matters related to freedom of expression and information so that they will adopt progressive measures to further it. Another goal was to have reports and specialized studies prepared on the subject pointing up where this right is being violated in some OAS member State.
The Commission’s idea of creating a permanent Office of the Rapporteur for Freedom of Expression and Information had the full support of the OAS member States during the Second Summit of the Americas. There, the Chiefs of State and Heads of Government of the Americas recognized the fundamental role that freedom of expression and information plays in human rights and within a democratic system and expressed their satisfaction with the creation of this Office. In the Declaration of Santiago, adopted in April 1998, the Chiefs of State and Heads of Government expressly stated that:
We agree that a free press plays a fundamental role in this area and we reaffirm the importance of guaranteeing freedom of expression, information, and opinion. We commend the recent appointment of a Special Rapporteur for Freedom of Expression, within the framework of the Organization of American States.[7]
At that same Summit of the Americas, the Chiefs of State and Heads of Government expressed their commitment to support the Office of the Rapporteur for Freedom of Expression. The Plan of Action from that Summit contains the following recommendation:
Strengthen the exercise of and respect for all human rights and the consolidation of democracy, including the fundamental right to freedom of expression and thought, through support for the activities of the Inter-American Commission on Human Rights in this field, in particular the recently created Special Rapporteur for Freedom of Expression.[8]
B. The Office of the Rapporteur’s principal activities in 1999
Since taking office in November 1998, the Special Rapporteur has participated in numerous events to inform about the activities and objectives of this Office. The following is a description of the principal activities carried out during 1999.
In March the Special Rapporteur attended the Midyear Meeting of the Inter-American Press Association (IAPA), held in Jamaica. In May, he participated in a conference held on the occasion of World Freedom of the Press Day with the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Bogota, Colombia. In June, he attended the twenty-ninth regular session of the OAS General Assembly, held in Guatemala City.
In June he traveled to Chile at the invitation of two universities. He was there to participate in two seminars on freedom of expression and information, prompted by the recent court-ordered censorship of El Libro Negro de la Justicia Chilena [the Black Book of Chilean Justice] written by Alejandra Matus and published by Planeta publishers. During his visit in Chile, the Special Rapporteur had an opportunity to speak and meet with officials from the administration, the courts and the legislature, as well as journalists, representatives of the media, professors and members of civil society in general.[9]
In July, in Antigua, Guatemala, the Special Rapporteur attended the 6th Seminar on the Media and Democratic Society, organized by the freedom of expression program of the Inter-American Institute of Human Rights. This seminar was aimed at journalists, nongovernmental organizations, and civil servants from Central America and Mexico. Also in July, the Special Rapporteur joined the Inter-American Commission on Human Rights for an on-site visit to Paraguay. During the visit, he met and spoke with Paraguay’s highest authorities, as well as journalists, representatives of the media and civil society in general. The Special Rapporteur is currently preparing a report on the situation of freedom of expression and information in Paraguay, which will shortly be presented to the Commission.[10]
In October he participated in the 55th General Assembly of the Inter-American Press Association (IAPA) in Houston, Texas, with more than 500 other delegates from across the hemisphere. As he had at his first meeting with the IAPA, the Special Rapporteur said that he hoped to arrange a smooth, free-flowing exchange of information and experiences with the IAPA. During this meeting, the Rapporteur again had occasion to meet personally with a number of IAPA representatives and discuss the status of freedom of expression and information in a number of countries of the region.
At OAS headquarters in November, the Special Rapporteur welcomed Panama’s Foreign Minister, His Excellency José Miguel Alemann, and Panama’s Ambassador of Multilateral Policy, Carlos Guevara Mann. During the meeting, various views were shared on the situation of freedom of expression and information in Panama. The Panamanian government expressed an interest in having the Special Rapporteur visit that country in order to acquaint himself with the situation of freedom of expression and information in Panama and examine it in depth. The Foreign Minister invited the Special Rapporteur to attend the conference on Panama: Gateway to the Twenty-first Century, organized by the Ministry of Foreign Affairs as part of the events to mark the transfer of the Panama Canal. The Special Rapporteur accepted the invitation and attended the event in December.
In late November, the International Centre against Censorship, a nongovernmental organization headquartered in London and also known as Article XIX, invited the Special Rapporteur to participate in the seminar titled “International Mechanisms for Promoting Freedom of Expression.” The event was also attended by the other two defenders of freedom of expression and information in the world: Abid Hussain, United Nations Special Rapporteur on Freedom of Opinion and Expression, and Freimut Duve, the Organization for Security and Cooperation in Europe (OSCE) Representative on Freedom of the Media. The three rapporteurs analyzed the major problems and challenges for freedom of expression and information in the various regions of the world. They agreed to meet annually and to coordinate efforts with a view to conducting joint activities for better protection and dissemination of the right to freedom of expression and information. At the end of the seminar, the three promoters of freedom of expression and information signed a joint statement, which will be discussed at greater length later in this report. A copy is attached.[11]
In late December, the Special Rapporteur was invited to participate at a plenary session of the committees of the Argentine Senate. The Special Rapporteur explained his views and shared his ideas on the bill to decriminalize the crimes of slander and libel, which arose from the friendly settlement proceedings begun by the journalist Horacio Verbitsky within three cases that are currently before the Commission. In addition to Dr. Canton, the event was also attended by Senator José Romero Feris, member of the Committee on Freedom of Expression, Minister of Justice Ricardo Gil Lavedra, journalist Horacio Verbitsky, who is Vice President of PERIODISTAS, constitutional lawyer Gregorio Badeni, and Senators Pedro Del Piero and José Genoud.
[1] See articles 40 and 41 of the American Convention on Human Rights and Article 18 of the Statute of the Inter-American Commission on Human Rights.
[2] IACHR, Annual Report 1994, Report on the Compatibility between the Desacato Laws and the American Convention on Human Rights, OEA/Ser.L/V/II.88, Doc. 9 Rev. (1995).
[3] See, Report on the Situation of Human Rights in Mexico, OEA/Ser.L/V/II.100 Doc. 7 rev. 1, 24 September 1998; Report on the Situation of Human Rights in Colombia, OEA/Ser.L/II.102 Doc. 9 Rev. 1, 26 February 1996.
[4] Article 29.b of the Commission’s Regulations provides that: “In urgent cases, when it becomes necessary to avoid irreparable damage to persons, the Commission may request that provisional measures be taken to avoid irreparable damage in cases where the denounced facts are true.”
[5] For example, on November 21, 1999, the Commission asked the Government of Peru to adopt precautionary measures on behalf of the journalist Guillermo Gonzáles Arica; these were processed under the aegis of Case No. 12.085. Similarly, on September 17, 1999, the IACHR asked the Government of Mexico to adopt precautionary measures to protect the life and person of the journalist Jesús Barraza Zavala.
[6] In general terms the Commission described the duties and mandates of the Office of the Rapporteur as follows: 1) preparing a report on the situation of freedom of expression in the Americas and presenting it to the Commission for its consideration and inclusion in the IACHR’s Annual Report to the OAS General Assembly; 2) preparing thematic reports; 3) compiling the information needed to prepare the reports; 4) organizing the promotional activities that the Commission entrusts to it, including but not limited to presenting documents at conferences and seminars on related issues, educating officials, professionals and students about the Commission’s work in this area, and preparing other promotional materials; 5) immediately reporting to the Commission situations that are so urgent as to warrant the Commission’s requesting precautionary measures or filing with the Inter-American Court seeking provisional measures to avoid irreparable injury to human rights; 6) providing information to the Commission on individual cases related to freedom of expression.
[7]Declaration of Santiago, Second Summit of the Americas, April 18-19, 1998, Santiago, Chile, in “Official Documents of the Summits Process: from Miami to Santiago.” Volume I, Office of SummitFollow-up, Organization of American States.
[8] Plan of Action, Second Summit of the Americas, April 18-19, 1998, Santiago, Chile. In “Official Documents of the Summits Process: from Miami to Santiago.” Volume I, Office of SummitFollow-up, Organization of American States.
[9] During his stay in Chile, the Rapporteur met with the following: Sergio Elgueta, Chairman of the Committee on Legislation, the Constitution and Justice of the House of Deputies; Hernán Larraín, Chairman, Senate Committee on Legislation, the Constitution and Justice; Senator Mario Ríos, Vice President of the Senate; Deputy Carlos Montes, President, House of Deputies; Deputy Guillermo Ceroni, Chairman, Human Rights Committee, House of Deputies; Claudio Huepe, Minister Secretary General of Government; Juan Antonio Gómez, Under Secretary for Justice; Roberto Dávila, President of the Supreme Court; representatives of the Asociación Nacional de Prensa; representatives of the Journalists Association; representatives from the Public Interest Actions Program of the Universidad Diego Portales; representatives from Editorial Planeta, and others.
[10] See Press Communiqué from the Office of the Special Rapporteur for Freedom of Expression No. 11/99.
[11] See Press Communiqué from the Office of the Special Rapporteur for Freedom of Expression No. 19/99.