A.         Mandate and Competence of the Office of the Special Rapporteur for Freedom of Expression

 

1.                  The Office of the Special Rapporteur for Freedom of Expression is a permanent office, with functional autonomy and its own budget.  The Inter-American Commission on Human Rights created the Office in exercise of its authority and competence.  The Office operates within the legal framework of the Commission. [1]

 

2.                  The Inter-American Commission on Human Rights (IACHR) is an organ of the Organization of American States (OAS) whose principal function is to promote the observance and defense of human rights and to serve as an advisory body to the Organization 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 the Charter of the Organization of American States.  The Commission investigates and rules on complaints of human rights violations, conducts on-site visits, prepares draft treaties and declarations on human rights and prepares reports on the human rights situation in countries in the region.

 

3.                  The Commission has addressed issues pertaining to freedom of expression through its system of individual petitions, ruling on cases of censorship,[2] crimes against journalists and other direct or indirect restrictions on freedom of expression.  It has spoken out about threats against journalists and restrictions placed on the media in its special reports, such as the Report on Contempt (Desacato) Laws. [3]  The Commission has also studied the status of freedom of expression and information through on-site visits and in its general reports. [4]  Lastly, the Commission has requested precautionary measures for urgent action to prevent irreparable harm to individuals. [5]  In several cases, such measures were adopted to ensure full enjoyment of freedom of expression and to protect journalists.

 

 

4.                  At its 97th regular session in October 1997, and in exercise of its authority under the Convention and its own Rules of Procedure, the Commission decided, by unanimous vote, to create the Office of the Special Rapporteur for Freedom of Expression (hereinafter “Office of the Special Rapporteur”).   It was created as a permanent unit that is functionally autonomous and has its own operating structure.  In part, the Office of the Special Rapporteur was created in response to the recommendations of broad sectors of society in different States throughout the hemisphere who shared a deep concern over the constant restriction of freedom of expression and information.  Moreover, through its own observations regarding the situation of freedom of expression and information, the IACHR perceived serious threats and obstacles to the full and effective enjoyment of this right, which is so vital for the consolidation and advancement of the rule of law.  At its 98^th special session in March of 1998, the Commission determined what the general characteristics and functions of the Office of the Special Rapporteur would be and decided to establish a voluntary fund for economic assistance for the Office.  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 several candidates, the Commission decided to appoint Argentine attorney Santiago Alejandro Canton as Special Rapporteur.  He began his work on November 2, 1998.  On March 22, after evaluating the applicants in a public competition, the Inter-American Commission on Human Rights (IACHR) appointed Mr. Eduardo A. Bertoni as Special Rapporteur for Freedom of Expression of the IACHR.  Mr. Bertoni took office in May 2002, replacing Mr. Santiago Canton, who is currently the Executive Secretary of the IACHR.

 

5.                  In creating the Office of the Special Rapporteur, the Commission sought to stimulate awareness of the importance of the full observance of freedom of expression and information in the hemisphere, given the fundamental role it plays in the consolidation and advancement of the democratic system and in ensuring that other human rights are  protected and violations reported; to make specific recommendations on freedom of expression and information to member States to promote adoption of progressive measures to strengthen this right; to prepare specialized reports and studies on the subject; and to respond quickly to petitions and other reports of violations of this right in an OAS member State.

 

6.                  In general terms, the Commission stated that the duties and mandates of the Office of the Special Rapporteur should include, among others: l. Prepare an annual report on the status of freedom of expression in the Americas and submit it to the Commission for consideration and inclusion in the IACHR’s Annual Report to the General Assembly of the OAS. 2. Prepare thematic reports. 3. Gather the information necessary to write the reports. 4. Organize promotional activities recommended by the Commission including, but not limited to, presenting papers at relevant conferences and seminars, educating government officials, professionals and students about the work of the Commission in this area and preparing other promotional materials. 5. Immediately notify the Commission about emergency situations that warrant the Commission’s request for precautionary measures or provisional measures that the Commission can request from the Inter-American Court, in order to prevent serious and irreparable harm to human rights. 6. Provide information to the Commission about the processing of individual cases pertaining to freedom of expression.

 

7.                  The Commission’s initiative in creating a permanent Office of the Special Rapporteur for Freedom of Expression enjoyed the full support of OAS member States at the Second Summit of the Americas.  At the Summit, the Heads of State and Government of the Americas recognized the fundamental role that freedom of expression and information plays in human rights and in a democratic system and expressed their satisfaction at the creation of this Office.  In the Declaration of Santiago, adopted in April 1998, the Heads of State and Government expressly stated that:

 

We agree that a free press plays a fundamental role [in the area of human rights] 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. [6]

 

8.                  At the same Summit, the Heads of State and Government of the Americas also expressed their commitment to support the Office of the Special Rapporteur for Freedom of Expression.  The Plan of Action from the 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. [7]

 

9.                  At the Third Summit of the Americas held in Quebec City, Canada, the Heads of State and Government ratified the mandate of the Special Rapporteur for Freedom of Expression and added the following:

 

[Our Governments will] Continue to support the work of the inter-American human rights system in the area of freedom of expression through the Special Rapporteur for Freedom of Expression of the IACHR, as well as proceed with the dissemination of comparative jurisprudence, and seek to ensure that national legislation on freedom of expression is consistent with international legal obligations. [8]

 

           B.         The Office of the Special Rapporteur’s Principal Activities

 

10.              Since taking office in November 1998, the Special Rapporteur has participated in numerous events aimed at publicizing the creation and objectives of the Office.  Widespread awareness of the existence of the Office of the Special Rapporteur will contribute to its ability to successfully carry out its assigned tasks.  Activities to promote and publicize the Office’s work mainly consisted of participating in international forums, coordinating activities with non-governmental organizations, advising states on proposing legislation related to freedom of expression and informing the public about the Office of the Special Rapporteur through the press.  The main objectives of these activities were to increase the awareness among various sectors of society regarding the importance of the inter-American system for the protection of human rights, international standards governing freedom of expression, comparative jurisprudence on the subject and the importance of freedom of expression for the development of a democratic society.

 

11.       The Office of the Special Rapporteur has become a strong proponent of legislative reform in the area of freedom of expression.  Through its relationships with memberStates and civil society organizations, the Office has launched a collaborative effort in support of initiatives to amend laws restricting the right to freedom of expression and to adopt legislation that will enhance people’s right to participate actively in the democratic process through access to information.

 

12.       The Office of the Special Rapporteur employs various means to protect freedom of expression.  In the course of its daily work, the Office: analyzes complaints of violations of freedom of expression received by the Commission and conveys to the Commission its opinions and recommendations with regard to opening cases; follows up on cases open before the Commission pertaining to violations of this right; requests that the Commission solicit precautionary measures from the member States to protect the personal integrity of journalists and media correspondents who are facing threats or the risk of irreparable harm; makes recommendations to the Commission regarding hearings to be granted during regular sessions and participates with the Commission in hearings having to do with alleged violations of freedom of expression; and works with the parties to achieve friendly settlements within the framework of the Inter-American Commission on Human Rights. 

 

13.       Since its creation, the Office of the Special Rapporteur has carried out advisory studies and made recommendations to some member States regarding the modification of existing laws and articles that impinge on freedom of expression.  The objective in these situations is to make domestic legislation compatible with international standards to more fully protect enjoyment of this right.  While preparing its thematic and annual reports, the Office of the Special Rapporteur corresponds with member States to request information on specific subjects related to freedom of expression.

 

14.       The Office of the Special Rapporteur receives information through its informal hemispheric network on the status of freedom of expression in member States.  Information is submitted by various organizations monitoring this right, journalists and other sources.  In cases considered to involve a serious violation of freedom of expression, the Office of the Special Rapporteur issues press releases about the information it has received, expresses its concern to the authorities, and makes recommendations for reinstating this right.  In other cases, the Office of the Special Rapporteur directly contacts government authorities to obtain further information and/or to request that the government take measures to rectify the harm that has been inflicted.  The Office of the Special Rapporteur has set up a database comprising numerous press agencies, freedom of expression and human rights monitoring organizations, attorneys specializing in the field and universities, among others, for the dissemination of releases and/or any other information considered relevant.

 

15.       Due to the Office of the Special Rapporteur’s efforts to publicize its activities and mandate, diverse sectors of civil society have been able to approach the Office to protect their right to impart, disseminate and receive information.

 

           1.          Promotion and Dissemination Activities

 

           16.        Following is a description of the main promotion and dissemination activities carried out by the Rapporteurship in 2003.

 

           17.        From January 26 to 28, 2003, the Special Rapporteurship, together with the Universidad Autónoma de México (UNAM), held the International Forum “Legal Liability of the Press: Civil or Criminal?” in Mexico City.  The Rapporteur made a presentation on the repercussions for the freedom of expression of the abusive use of criminal laws and on the international standards in this area.

 

           18.        On February 14 and 15, 2003, the Special Rapporteur traveled to Guatemala City, where he inaugurated a training seminar for journalists on criminal justice.  In addition, he participated in presenting the results of a research project on journalism and on dangers faced by journalists in Guatemala, presented by the news agency CERIGUA.

 

           19.        From March 18 to 21, the Special Rapporteur participated in the seminar “impunity in the case of threats against the press,” convened by the Proyecto Antonio Nariño, the Fundación para la Libertad de Prensa, and the Rapporteurship.  The seminar was held in the city of Bogotá, Colombia.  Participating in the event were the Special Rapporteur and attorney Lisa Yagel, a specialist with the Office of the Special Rapporteur.  Some of the conclusions were set forth at the end of the seminar, and were as follows: 1. Threats against journalists should never be underestimated, and it is imperative that they be reported and exhaustively investigated, and that the persons affected cooperate with the justice system. 2. The media should investigate and report these cases publicly. 3. The organizations that defend freedom of expression should train journalists to handle the threats, and prevention and surveillance mechanisms to protect their work should be activated. 4. Actions should be taken to ensure that journalists are better informed of the mechanisms offered by the inter-American system for their protection. 5.Prevention is the main source of protection in the face of the risks journalists face. 

 

20.       During its stay in Colombia, the Rapporteurship also had an opportunity to meet with the Director for Human Rights and International Humanitarian Law of the Ministry of Interior and Justice, the Attorney General, the prosecutors of the Human Rights Unit of the Office of the Attorney General, journalists, and members of civil society.

 

           21.        The Special Rapporteur was invited to participate in the mid-year and annual meetings of the Inter-American Press Association.  The first was held in March in San Salvador, El Salvador, and the second in October, in Chicago, United States of America.

 

           22.        On April 9, the Rapporteurship was invited to participate in the National Forum on Freedom of Expression in Nicaragua, organized by the Inter-American Institute of Human Rights in the context of the Project to Promote Freedom of Expression in Central America.  Attorney Débora Benchoam, a specialist with the Rapporteurship, participated in the event; she made a presentation on the standards for freedom of expression in the inter-American system.

 

           23.        The Office of the Human Rights Ombudsman ( Defensoría del Pueblo) of Panama, with support from the Special Rapporteurship for Freedom of Expression and the Consejo Nacional de Periodismo, organized the forum “Freedom of Expression and Democracy” on April 14 and 15, in Panama City.  The Special Rapporteur gave the keynote address, on the topic of incorporating the standards and case-law of the inter-American system on protecting the freedom of expression into domestic law.

 

           24.        On May 3, the Special Rapporteur participated, in the city of Kingston, Jamaica, in the celebration of World Press Freedom Day in the context of a seminar organized by the United Nations Educational, Scientific and Cultural Organization (UNESCO).   Mr. Bertoni participated on the panel “Freedom of Expression and Development: Their Relationship.”  During the seminar sessions, the OAS Rapporteur met with his colleague from the United Nations, Mr. Ambeyi Ligabo.  As a result of those conversations, the two rapporteurs issued a joint declaration.

 

           25.        On June 3, the Special Rapporteur was invited by the president of ColumbiaUniversity, in New York, to participate in a working meeting on the challenges facing freedom of the press in Latin America.  Mr. Bertoni gave the opening remarks.

 

           26.        On June 17, the Special Rapporteur gave a lecture on the activities of the Special Rapporteurship for Freedom of Expression and international standards for the protection of freedom of expression at the School of Law and Social Sciences of the Universidad de Buenos Aires, Argentina.  During his stay in Argentina, Mr. Bertoni held meetings with non-governmental organizations and government officials.

 

           27.        On June 18, 2003, Lisa Yagel, attorney with the Office of the Special Rapporteur, gave a lecture on the Rapporteurship for Freedom of Expression during the “First external session of human rights education for Latin America of the International Institute of Human Rights (Strasbourg, France),” in Quito, Ecuador.   The program was co-sponsored by the Auditoría Democrática Andina , the Embassy of France in Ecuador, the French regional delegation for cooperation for the Andean countries, the Centro Internacional de Estudios Superiores de Comunicación para América Latina (CIESPAL), and Sur: Red universitaria de derechos humanos.  It was geared to journalists, journalism students, government officials, and members of civil society.

 

           28.        On July 7 and 8, the Special Rapporteur participated in  the “Regional Forum on Freedom of the Press,” held in Panama City, organized by the Inter-American Institute of Human Rights.

 

           29.        The Special Rapporteur participated in a seminar on freedom of expression organized together with the Special Mission of the OAS in Haiti.  The seminar was for journalists in both Port-au-Prince and the interior of the country, and was held in Port-au-Prince on July 23.

 

           30.        The Special Rapporteur was also invited to the preparatory meeting for the international seminar “Partners Perú 2003: Access to information,” organized by the British Council in Lima, Peru, and held on August 14 and 15, 2003.  In November, he participated in the seminar as a speaker.

 

           31.        On October 9, the Special Rapporteur was invited to participate in the annual ceremony at which the Cabot journalism awards are given out by the Columbia University School of Journalism, in New York.

 

           32.        On November 10, the Rapporteurship was invited to participate in the forum “Transparency in Imparting Justice,” held in Mexico City.  Mr. Bertoni gave a talk on the importance of access to judicial information.

 

           33.        On November 13, the Special Rapporteur participated as a panelist in an event on freedom of expression in Latin America and the Caribbean organized by the Inter-American Dialogue in Washington, D.C.

 

           34.        The Special Rapporteur was invited to give a lecture at the Columbia University Law School, New York, sponsored by the Columbia Latin American Business Association, of the same university.  On November 25, he made a presentation on “Freedom of Speech as a factor in the economic growth of Latin American countries.”

 

           2.          Official visits to countries

 

           35.        From March 21 to 30, the Rapporteurship participated in the visit by the IACHR to Guatemala to carry out a preliminary evaluation of the exercise of freedom of expression there.

 

           36.        The Rapporteurship visited Mexico from August 18 to 26, 2003, in order to collect information on issues relating to freedom of expression and access to information there.  To that end, the Special Rapporteur met with government officials, journalists, directors of media outlets, representatives of civil society, and academics, among others. Attorney Débora Benchoam participated in the Rapporteurship’s delegation. [9]

 

           37.        From September 3 to 5, the Rapporteurship made an official visit to Honduras.  Attorney Lisa Yagel of the Office traveled with the Special Rapporteur. [10]

 

           3.          Presentation to the organs of the Organization of American States

 

           38.        On April 2, 2003, the Special Rapporteur made a presentation to the Summits Implementation Review Group of the OAS.

 

           39.        From June 8 to 10, the Special Rapporteur was present during the Thirty-Third Regular Session of the General Assembly of the OAS held in Santiago, Chile.

 

           40.        On September 10, the Special Rapporteur submitted a document to the Permanent Council containing proposals for better implementing the mandate granted in operative paragraph 5 of Resolution AG/RES. 1932 (XXXIII-O/03).  The report [11] is attached as an Annex.