Groups send letter regarding creation of OAS Special Rapporteur for Freedom of Expression

Dear members of the Commission,

We, the undersigned organisations, welcomed with interest the decision of
the 97th session of the Commission to create a Special Rapporteur for
Freedom of Expression. We fully agree with the Commission’s initiative, and
with the reasons and factors which motivated it.

Comprehensive monitoring and immediate reaction from the Inter American
system is imperative given the importance of freedom of expression, and of
the many serious problems which the region faces in this area; it is
especially pressing when the physical safety of journalists is at risk.
Because of this, it is urgent that a Special Rapporteur be named who will
make an effective contribution to protecting freedom of expression in the
region.

During the 98th session of the Commission, the mandate and work methodology
to be applied by the Special Rapporteur for Freedom of Expression were
defined. The Rapporteur will prepare special and specific reports when so
requested by the Commission. Among other functions, s/he will immediately
notify the Commission, and/or its President and/or Executive Secretary, as
to “serious situations warranting the adoption by IACHR of precautionary
measures and such other prompt or immediate responses as may be necessary.”
In all cases, however, the Rapporteur is to act solely at the request and
initiative of the Commission.

We wish to express our concern that these limits in the Rapporteur’s
mandate might prevent him/her from having the capacity which will be needed
to take initiative in response to situations which might need a report, a
statement or urgent communications. In what has been laid out in the
mandate, this capacity for initiative would only lie with the IACHR.
Although we understand the need for the direction and supervision of the
IACHR, we believe that it is absolutely necessary to give the Rapporteur
leeway to take certain initiatives and act promptly. In this regard, it
would be ideal that an urgent action mechanism be incorporated into his/her
work to allow for rapid response — something which would be complementary
to the IACHR’s other procedures, particularly since, as it is, the IACHR
has a heavy caseload before it. Only with this leeway will the Special
Rapporteurship truly complement the freedom of expression work the IACHR is
already doing under its mandate to defend human rights in their broadest
possible sense.

To add to what we have said, we are convinced that the ability for the
Rapporteur to respond swiftly to serious attacks on freedom of expression
could be the new, most important aspect of his/her mission. This reinforces
our belief that the candidate selected must have excellent judgment, and be
respected and well-known in the region. We trust that the Rapporteur will
be given the sufficient logistical and professional support to carry out
his/her delicate mandate. Similarly, we trust that the Commission will
create the necessary mechanisms to allow the Rapporteur’s work to be
action-oriented — a feature which will greatly contribute to the
Rapporteur’s effectiveness.

In closing, we want to express our willingness to collaborate in the
fullest way possible with the Rapporteur and to provide him/her with the
information s/he will need for his/her mission We would urge that a
Rapporteur be named soon and begin working on the tasks at hand.

Sincerely yours,

Jorge Salázar Cussiánovich
Institute for Press and Society

Ann K. Cooper
Committee to Protect Journalists

Robert Ménard
Reporters sans frontières

Wayne Sharpe
Canadian Committee to Protect Journalists

Horacio Verbitsky
Periodistas