The Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression addressed the UN Human Rights Council at its 14th session. The speech by Special Rapporteur Frank La Rue (right) was based on a report focusing on three particular issues: the right to freedom of expression in combating discrimination, limitations on the right to freedom of expression, and protection of journalists and press freedom.

La Rue highlighted the significance of protecting the right to freedom of opinion and expression, by placing that right within a co-dependent framework. The speech illustrated an indivisibility of rights and obligations. La Rue asserted that any violation of the right to freedom of opinion and expression precipitates a domino effect, impacting upon a multitude of other rights and obligations: These rights represent a check on the agglomeration of power within state organs and thus enable citizens to exercise control over the political process. In this regard, La Rue emphasizes the fundamental role that upholding the right to freedom of opinion and expression has in terms of combating discrimination and inequality of groups in need of special attention. Furthermore, La Rue calls upon states to facilitate the right of access to information in order to attain justice and effective remedies.

Whilst the right to hold opinions without interference is absolute, the right to freedom of expression is not. Consequently limitations are permissible in order to meet the exigencies of certain situations. Highlighting this differentiation allowed La Rue to re-assert the strict conditionalities that apply to derogation enshrined in the principles of necessity, proportionality and non-discrimination. Moreover La Rue seized the opportunity to reinstate the importance of monitoring and reviewing the relevance of all limitations: La Rue cautioned states echoing concerns over the growing trend towards increasingly oppressive and discriminatory measures implemented in the shadow of 9/11 and the era of counterterrorism.

Finally, the Special Rapporteur considered the “increase of at least 26 percent in the killing of journalists in 2009 compared to the previous year” and reported that kidnappings of journalists “are a continuing practice”. La Rue emphasized the investigative journalism common to those whom have been targeted; frequently related to corruption, organized crime and political crime. In doing so, La Rue intended to draw another parallel between the violation of the right to freedom of opinion and expression, and other rights, such as the right to life and the right to liberty. La Rue appeals for an acknowledgement that whilst the kidnappings and killings are a violation of the rights to liberty and life respectively, one must not forget that the intention of the violator is to silence the journalists, violating his right to freedom of opinion and expression. Hence, it is imperative that the primacy of the right to freedom of opinion and expression be recognised and protected accordingly.

The speech by the Special Rapporteur served to highlight that the right to freedom of opinion and expression is integral to the foundations upon which the human rights framework is built. Moreover, the right to freedom of opinion and expression is intertwined with other rights, the infringement of which would risk collapsing the whole edifice. The Special Rapporteur Frank La Rue emphasises the significance of this right and moreover, some of the consequences of failing to protect the integrity of this right. La Rue aims to strengthen the protection of a right that has, in his opinion, been too readily limited without appropriate checks and balances and too often not allotted the gravity which it deserves. Failure to recognise the significance of a co-dependent rights based framework threatens the future of that framework as-a-whole.

Documents:

Background:

In 1993, the UN Commission on Human Rights established the mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.

The Special Rapporteur is now mandated by the Human Rights Council

  1. a) To gather all relevant information, wherever it may occur, relating to violations of the right to freedom of opinion and expression, discrimination against, threats or use of violence, harassment, persecution or intimidation directed at persons seeking to exercise or to promote the exercise of the right to freedom of opinion and expression, including, as a matter of high priority, against journalists or other professionals in the field of information;
  2. b) To seek, receive and respond to credible and reliable information from Governments, non-governmental organizations and any other parties who have knowledge of these cases;
  3. c) To make recommendations and provide suggestions on ways and means to better promote and protect the right to freedom of opinion and expression in all its manifestations; and
  4. d) To contribute to the provision of technical assistance or advisory services by the Office of the United Nations High Commissioner for Human Rights to better promote and protect the right to freedom of opinion and expression.

Individual complaints:

The Special Rapporteur is mandated to promote and protect the freedom of opinion and expression. To that end the Human Rights Council has requested the Special Rapporteur to seek, in the form of urgent appeal and allegation letters (communications), and receive credible and reliable information from governments, non-governmental organisations and any other parties who have knowledge of pertinent situations and cases. All communications sent and received are confidential and remain so until the end of the reporting cycle, when the Special Rapporteur submits an annual report to the Human Rights Council on communications sent and replies received from Governments on specific cases.

Model questionnaire on individual complaints to the Special Rapporteur