(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release 29 November 1999 – for immediate release FREE EXPRESSION CHIEFS CALL FOR ACTION ON CRIMINAL DEFAMATION The three international guarantors of freedom of expression have met for the first time, in London at the invitation of ARTICLE 19, to discuss their common mission – […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release
29 November 1999 – for immediate release
FREE EXPRESSION CHIEFS CALL FOR ACTION ON CRIMINAL DEFAMATION
The three international guarantors of freedom of expression have met for the
first time, in London at the invitation of ARTICLE 19, to discuss their
common mission – to monitor, report on and challenge abuses of the rights
laid down under international, regional and national law. (1)
The meeting, designed to promote dialogue not only between the special
appointees but also with non-governmental organisations working in the
field, also looked at ways in which the African continent, among other
areas, could be covered by a regional mechanism.
Abid Hussain from the UN, Santiago Canton of the Organisation of American
States and Freimut Duve of the OSCE (2) issued a joint declaration (3)
setting out the key ways in which governments should move to guarantee that
individuals enjoy the right to freedom of expression, opinion and
information. They stated:
“An independent and pluralistic media is essential to a free and open
society and accountable government. Respect for freedom of the media in our
Member States, although very different from country to country, leaves much
to be desired.”
The experts particularly criticised criminal defamation and other laws which
unduly restrict freedom of expression and called for them to be brought into
line with international standards and emphasized the importance of strong
freedom of information legislation to guarantee the public’s right to know
and assist with government accountability.
They agreed to meet on a more regular basis to discuss their mandates, ways
of working and areas of importance.
1. The meeting was made possible by financial assistance from the UK FCO.
2. Abid Hussain is Special Rapporteur on Freedom of Opinion and Expression
at the UN, Santiago Canton is OAS Special Rapporteur on Freedom of
Expression and Freimut Duve is OSCE Representative on Freedom of the Media.
3. Statement attached (see Annex)
ANNEX
International Mechanisms for Promoting Freedom of Expression
JOINT DECLARATION
The UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE
Representative on Freedom of the Media and the OAS Special Rapporteur on
Freedom of Expression met for the first time in London on the 26th of
November 1999 under the auspices of ARTICLE 19.
We recall that freedom of expression is a fundamental international human
right and a basic component of a civil society based on democratic
principles.
An independent and pluralistic media is essential to a free and open society
and accountable government. Respect for freedom of the media in our Member
States, although very different from country to country, leaves much to be
desired.
Certain States have continued to exert and allow impermissible pressure on
the media in their respective countries. The levels of harassment might be
different but the general aim is the same: to suppress pluralism and open
debate on issues of concern to citizens.
Freedom of expression is not only a fundamental human right in and of
itself, but it has ramifications for economic development as well. The media
has a “corrective” function by bringing to the public’s attention corruption
and inequitable practises. The absence of free media can lead to economic
stagnation and improper practises by both governments and businesses.
Implicit in freedom of expression is the public’s right to open access to
information and to know what governments are doing on their behalf, without
which truth would languish and people’s participation in government would
remain fragmented.
The media should refrain from any advocacy of national, racial or religious
hatred that constitutes incitement to violence or to any other similar
action.
In many countries laws are in place, such as criminal defamation laws, which
unduly restrict the right to freedom of expression. We urge States to review
these laws with a view to bringing them into line with their international
obligations.
We affirm that States must ensure an effective, serious and impartial
judicial process, based on the rule of law, in order to combat impunity of
perpetrators of attacks against freedom of expression.
Abid Hussain
UN Special Rapporteur on Freedom of Opinion and Expression
Freimut Duve
OSCE Representative on Freedom of the Media
Santiago Canton
OAS Special Rapporteur on Freedom of Expression
