Libertad de Expresión

2 - Chapter I - General Reports

 

 

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 also 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.[6]

 

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 98th special session in March of 1998, the Commission determined what the general characteristics and functions of the Office of the 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.

 

5.                  In creating the Office of the Special Rapporteur, the Commission sought to stimulate awareness of the importance of 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 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. 0rganize 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 prosecution 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 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 in a democratic system and expressed their satisfaction at 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 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.[7]

 

8.                  At the same Summit, the Chiefs of State and Heads of 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.[8]

 

B.        The Office of the Special Rapporteur’s Principal Activities in the Year 2000

 

9.                  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.

 

10.              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 member States 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.

 

11.              The Office of the Special Rapporteur employs various means to protect freedom of expression.  In the course of its daily work, the Office:

 

12.              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 solicits 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.  The Office of the Special Rapporteur also works with the parties to achieve friendly settlements within the framework of the Inter-American Commission on Human Rights.

 

13.              Since the creation of the Office, 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 Publicity Activities

 

16.              A list of Office of the Rapporteur’s principle activities in the areas of promotion and publicity follows.

 

17.              In March 2000, the Special Rapporteur attended the International Seminar on Human Rights held in Buenos Aires, Argentina, at the invitation of the Washington College of Law of American University, the Center for Legal and Social Studies and the National University of Lanús. There, he spoke about international standards governing freedom of expression and the right of freedom of expression. The Office of the Special Rapporteur for Freedom of Expression cosponsored this seminar.  The Special Rapporteur also participated in the Semi-annual Meeting of the Inter-American Press Society, held March 10 through 14, in Mexico.

 

18.              In April, the Special Rapporteur attended the sessions of the United Nations High Commissioner forHuman Rights in Geneva, at the invitation of Mr. Abid Hussain, the UN Special Rapporteur for Freedom of Opinion and Expression.  During the session, he outlined the Office’s primary concerns in the area of freedom of expression, as well as the general status of this right in the Americas.

 

19.              Also in April, in the framework of developing the hemispheric network for the protection of journalists, the Office of the Special Rapporteur organized a panel entitled “Strengthening Electronic Networks for the Protection of Journalists,” with the participation of Central American journalists, during the “Central American Meeting Against Corruption: the Role of the Media” held in San José, Costa Rica.  Panelists includedJorge Salazar, Executive Director of the Instituto Prensa y Sociedad (Press and Society Institute) in Lima, Peru; Marylene Smeets, Program Coordinator for the Americas of the Committee to Protect Journalists; and Danilo Arbilla, then-Vice-president of the Inter-American Press Association.

 

20.              In May, on the occasion of World Press Freedom Day, UNESCO invited the Special Rapporteur to participate in a conference in Geneva, which was attended by the main international organizations working in defense of freedom of expression. At the conference, the Special Rapporteur met with the two other international rapporteurs for freedom of expression, Abid Hussain, UN Special Rapporteur for Freedom of Opinion and Expression, and Freimut Duve, OSCE (Organization for Security and Cooperation in Europe) Representative for Freedom of the Press.  The three rapporteurs signed a joint declaration on ongoing threats and murders of journalists in conflict situations. [9]

 

21.              At the end of May, the Office of the Special Rapporteur, in conjunction with Guatemala’s Office of the Presidency, organized an international conference entitled “The Right to Access to Information in Guatemala.”  The purpose of the conference was to collaborate with Guatemalan authorities on the development of an access to information andhabeas data project. This conference was the result of a cooperation agreement entered into by the Office of the Rapporteur and the Guatemalan government, following the Special Rapporteur’s April 2000 visit to Guatemala, to work together to promote far-reaching and lasting freedom of expression in the country.

 

22.              In June, the Special Rapporteur, together with the Inter-American Commission on Human Rights (IACHR), participated in the Thirtieth Regular Session of the General Assembly in Windsor, Canada.  The IACHR presented to the Assembly the Second Report on the Situation of Human Rights in Peru, which included a chapter written by the Office of the Special Rapporteur on the status of freedom of expression in that country.

 

23.              In June, the Special Rapporteur was invited to the XXX General Assembly of the International Radio Broadcasting Association (AIR) in Madrid, Spain. He also spoke at a seminar organized by the Committee to Protect Journalists (CPJ), and Asociación para la Defensa del Periodismo Independiente (PERIODISTAS) entitled “When journalism is a Crime–Conference on Criminal Defamation Laws in Latin America,” in Buenos Aires, Argentina.  There, Dr. Canton discussed the international legal framework for freedom of the press.  The Special Rapporteur also participated in the Inter-American Human Rights Commission’s 107th special session in San Pablo, Brazil.[10]

 

24.              In July, Dr. Canton was invited to be a panelist at the conference entitled Inter-American Declaration on Freedom of Expression, sponsored by the Inter-American Press Association (IAPA) in Miami.[11]

 

25.              In August, the Special Rapporteur was invited to attend the inauguration ceremony for the UNESCO–Freedom of Expression Chair at the School of Journalism of the National University of La Plata in Argentina.  At that time, he also participated in a specialized seminar for university faculty on Freedom of Expression in America.  The Freedom of Expression Chair has published one of the Office of the Rapporteur’s annual reports in textbook form for instructional purposes.

 

26.              In September, the Special Rapporteur and other Commission officials attended a preparatory meeting in Quebec, Canada, for the Summit of the Americas to be held April 20 through 22, 2001.

 

27.              In October, Dr. Canton attended the 56th General Assembly of the Inter-American Press Association (IAPA) in Santiago, Chile.  Also in October, he participated in the meeting “Challenge to democracy in the Americas” sponsored by the Carter Center in Atlanta.  There, the Special Rapporteur participated in a working group where he presented for discussion the Declaration of Principles on Freedom of Expression, which the Office of the Special Rapporteur developed as a legal standard for the protection of freedom of expression in the hemisphere.  The background of the Declaration and the interpretation of it are analyzed in the next chapter.

 

28.              During the 108th regular sessions of the IACHR, held in October of 2000, the IACHR approved the Declaration of Principles on Freedom of Expression.  The Office also organized a meeting for nongovernmental human rights organizations to inform them about the principal activities undertaken by the Office since it was created.  Another purpose of the meeting was to hear the concerns and comments expressed by these organizations regarding the activities of the Office. 

 

29.              In November, the Special Rapporteur participated in the Sixth European-Latin American Forum on Communication organized by the European Press Association and the Ibero-American Center for Communication and Social Studies in Panama.  At the forum, he discussed freedom of expression as a prerequisite for development.  Also in November, the Special Rapporteur was invited to speak at a seminar entitled Information for Democracy organized by the Consejo de Prensa Peruano (Peruvian Press Council) and The British Council in Lima, Peru.   There, the Special Rapporteur gave the closing speech on “Access to Information in America: New Challenges.”  At the end of the month, the Special Rapporteur traveled to Johannesburg, South Africa, to attend the conference Freedom of Expression and the African Charter,[12] during which he spoke about the Office of the Rapporteur’s principal activities and discussed the status of freedom of expression in the Americas.

 

30.              At the request of Article XIX, Dr. Canton participated in the International Seminar for the Promotion of Freedom of Expression in London.  There, he had the opportunity to meet for the third time with the other two rapporteurs on freedom of expression, Abid Hussain (UN) and Freimut Duve (OSCE). At the end of the seminar, the three Rapporteurs issued another joint declaration on freedom of expression manifesting their concern over the murder of journalists and the existence of laws restricting freedom of expression throughout the world.[13] 

 

31.              In December, the Office of the Special Rapporteur organized the Coordination Meeting for the Third Summit, inviting representatives of the main organizations working on freedom of expression to coordinate a common agenda comprising the most important issues for freedom of expression, which would be presented at the Third Summit of the Americas. The Office of the Rapporteur also organized the Workshop on Freedom of Expression in Colombia for the purpose of coordinating the efforts of the main freedom of expression organizations to search for concrete solutions and to develop effective plans of action for journalists in that country.

 

2.                  Visits to Countries

 

32.              Between April 10th and 14th, the Special Rapporteur visited Guatemala, in response to an invitation from President Alfonso Portillo Cabrera and to subsequent requests from various sectors of Guatemalan society.  The Special Rapporteur followed an agenda of activities and meetings with Guatemalan government officials, the Office of the Attorney for Human Rights, directors of mass media, journalists’ unions, associations of both mass media proprietors and employees, independent journalists, academic institutions, representatives of indigenous people’s organizations, human rights organizations and other civil society institutions, as well as representatives of international missions and agencies, with the aim of establishing contacts, gathering information and analyzing the status of freedom of expression in Guatemala.

 

33.              At the invitation of the Panamanian government and taking into consideration subsequent requests from various sectors of society, the Special Rapporteur visited Panama in July in order to evaluate the freedom of expression situation in that country.  During the visit, the Special Rapporteur conducted a schedule of meetings and activities that included a meeting with President Mireya Moscoso and other authorities of the Panamanian state, directors of the mass media, press workers’ associations, independent journalists, representatives of human rights organizations and other civil society organizations, with a view to gathering information and analyzing the state of freedom of expression in Panama. 



[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] See Inter-American Court of Human Rights.  Case “The Last Temptation of Christ” (Olmeda Bustos et al. v. Chile), Judgment of February 5, 2001, VIII Article 13: Freedom of Expression, para. 61C;  Francisco Martorell v. Chile in 1996 Annual Report of the Inter-American Commission on Human Rights.

[3] IACHR, Annual Report 1994, Report on the Compatibility of desacato Laws with the American Convention on Human Rights, OEA/Ser L/V/II.88, Doc. 9 Rev (1995).

[4] See Report on the Situation of Human Rights in Mexico, OEA/Ser.L/V/II.100 Doc.7 rev. 1, September 24, 1998, and Report on the Situation of Human Rights in Colombia, OEA/Ser.L/II. 102 Doc.9 rev.1, February 26, 1996. 

[5] Article 29(b) of the Rules of Procedure of the Commission states that: “In urgent cases, when it becomes necessary to avoid irreparable damage to persons, the Commission may request that precautionary measures be taken to avoid irreparable damage in cases where the denounced facts are true.”

[6] In this regard, it is worth pointing out, for example, that on November 21, 1999, the Commission asked the Government of Peru to adopt precautionary measures in favor of journalist Guillermo Gonzáles Arica, which were processed in the framework of case number 12.085.  Also, on September 17, 1999, the IACHR asked the Mexican government adopt precautionary measures to protect the life and integrity of journalist Jesús Barraza Zavala.

[7] Declaration of Santiago, Second Summit of the Americas, April 18-19, 1998, Santiago, Chile, in “Official Documents of the Summit 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 Summit Process from Miami to Santiago,” Volume I, Office of SummitFollow-up, Organization of American States.

[9] See annexes.

[10] See annexes.

[11] See Chapter II – Declaration of Principles on Freedom of Expression.

[12] The Charter of the Organization of African Unity, adopted in 1963, reaffirmed the acceptance of the African States of the principles of the United Nations Charter and the Universal Declaration of Human Rights, as a solid basis for peaceful and positive cooperation among the States.  For more information, see International Human Rights in Context: Law Politics Morals, Henry J. Steiner and Philip Alston, Clarendon Press Oxford, (1996), p.689.

[13] See annexes, Joint Declarations on Freedom of Expression.