39/23 Safety of journalists - Report of the United Nations High Commissioner for Human Rights
Document Type: Final Report
Date: 2018 Aug
Session: 39th Regular Session (2018 Sep)
Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.18-12896(E)
Human Rights Council Thirty-ninth session
10–28 September 2018
Agenda items 2 and 3
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Safety of journalists
Report of the United Nations High Commissioner for Human Rights
Summary
In the present report, prepared in accordance with Human Rights Council resolution
33/2, the United Nations High Commissioner for Human Rights provides an overview of
available mechanisms concerned with ensuring the safety of journalists, including existing
international and regional prevention, protection, monitoring and complaint mechanisms,
and considers their effectiveness.
United Nations A/HRC/39/23
I. Introduction
1. In resolution 33/2, the Human Rights Council requested the United Nations High
Commissioner for Human Rights, in consultation with States, the available mechanisms
concerned with ensuring the safety of journalists and all other relevant stakeholders, to
prepare a report, to be submitted at its thirty-ninth session, on an overview of available
mechanisms concerned with ensuring the safety of journalists, including existing
international and regional prevention, protection, monitoring and complaint mechanisms,
with a view to providing an analysis of their effectiveness. The present report was prepared
in accordance with that request.
2. In resolution 33/2, the Council expressed “deep concern” at the increased number of
journalists and media workers1 who had been killed, tortured, arrested or detained in recent
years as a direct result of their profession. It also condemned unequivocally all attacks and
violence against journalists and media workers, such as torture, killings, enforced
disappearances, arbitrary arrest and arbitrary detention, intimidation, threats and
harassment, including through attacks on or the forced closure of their offices and media
outlets, in both conflict and non-conflict situations.
3. In preparing this report, the Office of the High Commissioner (OHCHR) sought
contributions from Member States, international and regional organizations, national human
rights institutions and non-governmental organizations.2 The report also draws on public
sources, including those of United Nations entities and human rights mechanisms,
academia, practitioners and civil society organizations.
4. In accordance with resolution 33/2, the High Commissioner focuses on the many
different types of existing international and regional mechanisms. It builds on the previous
OHCHR report on the topic, which provided an overview of the initiatives in national
contexts and identified good practices (A/HRC/24/23). A number of the mechanisms
discussed below have multiple functions and operate across the prevention, protection,
monitoring and complaints spectrum. For example, accountability mechanisms also play
critical functions in prevention and protection. Similarly, the monitoring of violations
1 Journalism is “a function shared by a wide range of actors, including professional full-time reporters
and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the
Internet or elsewhere” (Human Rights Committee general comment No. 34 (2011) on the freedoms of
opinion and expression, para. 44). See A/HRC/20/17, paras. 3–5; A/HRC/20/22, para. 26;
A/HRC/24/23, para. 9; A/HRC/27/35, para. 9; A/69/268, para. 4; and A/HRC/16/44, para. 47. See
also resolution 39 adopted by the General Conference of the United Nations Educational, Scientific
and Cultural Organization (UNESCO) at its thirty-ninth session (November 2017).
2 Contributions were received from Bosnia and Herzegovina, Cuba, El Salvador, Germany, Greece,
Guatemala, Ireland, Malta, Mauritius, Netherlands, Philippines (Presidential Task Force on Media
Security), Qatar, Sweden, Togo and United States of America; and from the following: Americans for
Democracy and Human Rights in Bahrain, Association nationale de promotion et de protection des
droits de l’homme (Cameroon), Centro de Investigación y Capacitación Propuesta Cívica (Mexico),
Comisionado Nacional de los Derechos Humanos (Honduras), Commission on Human Rights of the
Philippines, Cultural Survival, Defensoría del Pueblo (Colombia), Equipe Media (Western Sahara),
European Bank for Reconstruction and Development, Greek National Commission for Human Rights,
Human Rights Defender’s Office (Armenia), Independent Journalists’ Association of Serbia,
Independent Journalists’ Association of Vojvodina, International Federation of Journalists,
International Service for Human Rights, International Media Support, Mexican Commission for the
Defence and Promotion of Human Rights, Norwegian Support Committee for Western Sahara,
Organization for Security and Cooperation in Europe (OSCE), Procurador de los Derechos Humanos
de Guatemala, Reporters Without Borders, ReverdeSer Colectivo (Mexico) and United Towns
Agency for North-South Cooperation. The following members of the International Freedom of
Expression Exchange network also contributed: Africa Freedom of Information Centre, Albanian
Media Institute, Asociación por los Derechos Civiles (Argentina), Centre for Independent Journalism
(Romania), Cerigua (Guatemala), Free Media Movement (Sri Lanka), Inter-American Press
Association, Observatorio Latinoamericano para la Libertad de Expresión (Peru) and Pakistan Press
Foundation.
against journalists is a key component in the prevention of future violations, and thus the
protection of journalists from potential future attacks. While each mechanism has been
included in the section of the report associated with its predominant function, this does not
negate the often multiple contributions that each mechanism makes.
II. Prevention mechanisms
5. In resolution 33/2, the Human Rights Council observed that impunity for attacks and
violence against journalists constituted one of the greatest challenges to the safety of
journalists, and that ensuring accountability for crimes committed against journalists was a
key element in preventing future attacks. It also strongly condemned the prevailing
impunity and expressed grave concern that the vast majority of those crimes go unpunished,
thereby contributing to their recurrence. The Council urged States to do their utmost to
prevent violence, threats and attacks against journalists and ensure accountability through
the conduct of impartial, prompt, thorough, independent and effective investigations into all
alleged violence, threats and attacks against journalists and media workers falling within
their jurisdiction.
6. The United Nations Plan of Action on the Safety of Journalists and the Issue of
Impunity has, since 2012, provided a framework that, under the overall coordination of the
United Nations Educational, Scientific and Cultural Organization (UNESCO), has guided
United Nations activities on the safety of journalists.3 On 29 June 2017, UNESCO and
OHCHR held a global multi-stakeholder consultation on strengthening the implementation
of the Plan of Action. Stakeholders identified achievements, gaps, challenges and
recommendations for action. The August 2017 consultation outcome document set out
options for different actors (the United Nations, OHCHR, UNESCO, States, regional and
intergovernmental organizations, civil society, the media, Internet companies and
academia) to enhance the safety of journalists. 4 One initiative resulting from the
consultation is the re-establishment of the United Nations network of focal points5 on the
safety of journalists.
7. Statements and reports contribute to prevention by raising awareness, deterrence and
accountability. They document violations of the rights of journalists, may identify alleged
perpetrators, make recommendations and raise awareness about what is, and what is not,
lawful. Structural and behavioural changes can occur if their recommendations are
implemented.
8. The Secretary-General regularly makes public statements and raises individual cases
privately with States. For example, on 20 April 2018, regarding the security incidents on
the border between Ecuador and Colombia, he condemned the kidnapping and killing of
three media workers, confirmed on 13 April, and the subsequent kidnapping of two other
Ecuadorian nationals. 6 Such statements provide an unequivocal message about the
international importance of the safety of journalists.
9. Special procedures of the Human Rights Council, such as the Special Rapporteur on
the promotion and protection of the right to freedom of opinion and expression, the Special
Rapporteur on the situation of human rights defenders, the Special Rapporteur on
extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, the Working Group on Arbitrary
Detention and the Working Group on Enforced or Involuntary Disappearances, perform a
key preventive function by contacting States concerning information received regarding
alleged violations of the rights of journalists, undertaking country visits to analyse the
human rights situation at the national level, making public statements, and submitting
reports to the Council and the General Assembly.
3 See https://en.unesco.org/sites/default/files/un-plan-on-safety-journalists_en.pdf, para. 6.3.
4 See www.ohchr.org/Documents/Issues/Journalists/OutcomeDocument.pdf.
5 See General Assembly resolution 68/163, para. 7.
6 See www.un.org/sg/en/content/sg/statement/2018-04-20/statement-attributable-spokesman-secretary-
general-security.
10. The Inter-American Commission on Human Rights’ Special Rapporteur for freedom
of expression conducts activities to protect and promote the right to freedom of thought and
expression and promotes the adoption of legislative, judicial and administrative measures to
enable the exercise of the right to freedom of thought and expression.7 Examples include
issuing statements relating to attacks against journalists.8 In her report “Violence against
journalists and media workers: inter-American standards and national practices on
prevention, protection and prosecution of perpetrators”, the Special Rapporteur underlined
measures States must take to comply with their obligation to protect the lives, physical
integrity and freedom of expression of journalists, outlined States’ obligations to prevent
violence, protect at-risk journalists and seriously investigate the crimes committed, and
made recommendations to improve the circumstances for exercising the right to freedom of
expression.9
11. The Representative on Freedom of the Media of the Organization for Security and
Cooperation in Europe (OSCE) intervenes on media freedom and the safety of journalists.
Statements and legal commentaries call on OSCE States to investigate attacks and address
impunity.10
12. The African Commission on Human and Peoples’ Rights, the Chair of which
referred, in November 2017, to the, inter alia, continued harassment, arrest and arbitrary
detention of human rights defenders and journalists as of extreme concern to the
Commission,11 has created special mechanisms that can raise issues concerning the safety
of journalists. These include the Special Rapporteur on freedom of expression and access to
information,12 who, in April 2018,13 expressed concern regarding the alleged abduction and
assault of a journalist in Mozambique and other cases.14 The Chair of the African Union
Commission has also made relevant statements.15
13. Awareness-raising, such as on World Press Freedom Day (3 May) and International
Day to End Impunity for Crimes against Journalists (2 November), draws attention to issues
facing journalists.
14. In 2018, World Press Freedom Day saw the issuance of statements, including from
the Secretary-General,16 the Special Rapporteur on the promotion and protection of the right
to freedom of opinion and expression,17 the Special Rapporteur on the situation of human
rights in Eritrea18 and the Council of Europe’s Commissioner for Human Rights.19 In the
2018 joint declaration on media independence and diversity in the digital age, the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression and counterparts from the OSCE, the Inter-American Commission on Human
Rights and the African Commission on Human and Peoples’ Rights emphasized the
essential role of independent media in democratic societies and expressed concern about
7 See www.oas.org/en/iachr/expression/mandate.
8 See press releases R95/18 (www.oas.org/en/iachr/expression/showarticle.asp?artID=1102&lID=1)
and R76/18 (www.oas.org/en/iachr/expression/showarticle.asp?artID=1095&lID=1).
9 See www.oas.org/en/iachr/expression/docs/reports/2014_04_22_violence_web.pdf, pp. 176–180. See
also the annual report of the Special Rapporteur
(www.oas.org/en/iachr/expression/docs/reports/annual/annualreport2016rele.pdf, pp. 528–532). 10 See www.osce.org/fom/119497.
11 See www.achpr.org/files/sessions/61st/statements/chair_opening-
statement/opening_statement__hon_comm_pansy_tlakula.pdf.
12 See www.achpr.org/mechanisms/freedom-of-expression.
13 See www.achpr.org/press/2018/04/d396.
14 See www.achpr.org/press/2014/06/d209 and www.achpr.org/press/2015/05/d257.
15 See https://au.int/sites/default/files/newsevents/pressreleases/25783-pr-pr_036_-
_release_of_al_jazeera_journalists_-_auc_chairperson_message_-_16_feb_2015.pdf.
16 See http://webtv.un.org/watch/antónio-guterres-un-secretary-general-on-world-press-freedom-
day/5775247352001/?term=&lan=french.
17 See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23026&LangID=E.
18 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23022&LangID=E.
19 See www.coe.int/fr/web/commissioner/view/-/asset_publisher/ugj3i6qSEkhZ/content/europe-s-duty-
to-protect-journalists?_101_INSTANCE_ugj3i6qSEkhZ_languageId=en_GB.
physical attacks, surveillance and marginalization of independent outlets. 20 In previous
years, events resulted in the adoption of the Jakarta Declaration, 21 the Finlandia
Declaration22 and the Riga Declaration.23 In 2018, UNESCO celebrated the twenty-fifth
anniversary of World Press Freedom Day with events on “Keeping power in check: media,
justice and the rule of law” in Ghana24 and Geneva.25
15. In 2017, the International Day to End Impunity for Crimes against Journalists was
marked by statements and events, including a joint statement by the Special Rapporteur on
extrajudicial, summary or arbitrary executions and the Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression, that highlighted the killing
of over 30 journalists in attacks during 2017 and challenged the public demonization of
reporting and specific media outlets and reporters by political leaders at the highest levels,26
and a regional seminar in Sri Lanka27 entitled “Reinforcing regional cooperation to promote
freedom of expression and the rule of law in Asia through ending impunity for crimes
against journalists”.28
16. International and regional conferences enable awareness-raising, and discussion of
and decision-making regarding preventive measures. In 2011, the OSCE Representative on
Freedom of the Media and the Lithuanian chairmanship of OSCE organized the Conference
on Safety of Journalists resulting in the Vilnius recommendations on safety of journalists.29
In recent years, UNESCO has organized various conferences concerning the safety of
journalists and the establishment of preventive mechanisms, for example, during the
Conference on News Organizations Standing up for the Safety of Media Professionals in
February 2016,30 member States, media industry leaders, unions and social media discussed
preventive actions that news organizations could take, including adopting newsroom safety
protocols, safety training and risk analysis. The Conference on Safety of Journalists and
Ending Impunity for Crimes Committed against Journalists in Africa (organized by
UNESCO and the Federation of African Journalists in November 2017) 31 adopted the
Nairobi declaration on national mechanisms for safety of journalists. 32 The Nairobi
declaration emphasized the importance of establishing national safety mechanisms in East
African countries and provided for the establishment of a regional committee for safety of
journalists. The Conference also adopted the Addis Ababa resolution on the creation of an
African Union working group on the safety of journalists and the issue of impunity in
Africa,33 in which the African Union was requested to create a working group on safety of
journalists, to be convened by the African Commission on Human and Peoples’ Rights, to
promote the establishment of national safety mechanisms. The working group is now being
established. On 22 March 2018, UNESCO, building on the Secretary-General’s latest report
on the safety of journalists and the issue of impunity (A/72/290), organized an event on
20 See www.ohchr.org/Documents/Issues/Opinion/JointDeclaration2May2018_EN.pdf.
21 See https://en.unesco.org/sites/default/files/jakarta_declaration_4may2017_en.pdf.
22 See https://en.unesco.org/sites/default/files/finlandia_declaration_3_may_2016.pdf.
23 See www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/pdf/WPFD/riga_declaration_en.pdf.
24 See https://en.unesco.org/commemorations/worldpressfreedomday.
25 See www.unesco.org/new/en/geneva/about-this-office/single-
view/news/unesco_celebrates_the_2018_world_press_freedom_day_at_un_gen.
26 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22338&LangID=E.
27 See https://en.unesco.org/endimpunity-2017/seminar-colombo.
28 See https://en.unesco.org/news/regional-seminar-sri-lanka-promote-regional-cooperation-foster-
freedom-expression-and-ending.
29 See www.osce.org/cio/78522?download=true, 8 June 2011.
30 See https://en.unesco.org/events/news-organizations-standing-safety-media-professionals.
31 See www.unesco.org/new/en/addisababa/about-this-office/single-
view/news/promoting_the_safety_of_journalists_and_the_campaign_against-3.
32 See www.unesco.org/new/fileadmin/MULTIMEDIA/FIELD/Nairobi/
nairobideclarationsafetyjournalists.pdf.
33 See www.unesco.org/new/fileadmin/MULTIMEDIA/FIELD/Addis-
Ababa/pdf/AddisAbabaResolution2017.pdf.
“safe journalists, strong democracies: how on and offline attacks on women journalists are
hurting us all”,34 which discussed preventative measures.
17. The corporate responsibility to respect human rights in the Guiding Principles on
Business and Human Rights 35 calls on all business enterprises to adopt a preventive
approach. This requires that business enterprises (a) avoid causing or contributing to
adverse human rights impacts through their own activities, and address such impacts when
they occur; and (b) seek to prevent or mitigate adverse human rights impacts that are
directly linked to their operations, products or services by their business relationships, even
if they have not contributed to those impacts.36 The Guiding Principles apply to all business
enterprises, including media companies. Examples of enterprises helping to prevent harm
being caused to journalists include the “Statement on human rights defenders and media
representatives” of the Fédération Internationale de Football Association (FIFA), which
requires bidders and hosts of FIFA tournaments to uphold their commitment to respect and
help to protect the rights of human rights defenders and media representatives. FIFA
committed to set up a mechanism allowing human rights defenders and media
representatives to complain when their rights had been unduly restricted while conducting
legitimate work relating to the activities of FIFA. 37 There are examples of business
enterprises engaging in multi-stakeholder collaboration to support journalists, such as
American Express providing a free hotline, and April International providing worldwide
preferential-rate insurance to freelance reporters and photographers, both in collaboration
with Reporters Without Borders. 38 Furthermore, business enterprises outside the media
sector may need to consider the situation for journalists as part of their human rights due
diligence before making decisions about establishing or continuing programmes. This is an
indicator of human rights risks that may exist for companies operating in a particular
context. In its contribution, the European Bank for Reconstruction and Development
reported that, as part of its political assessments, it examined freedom for journalists in its
countries of operations and that formed part of its country assessments.
III. Protection mechanisms
18. The applicable international legal framework for the protection of journalists has
been described in previous reports on the safety of journalists. 39 A legal framework
provides an agreed normative basis upon which all stakeholders at the international and
regional levels, and the national/local levels, can determine the legality of acts and, if
necessary, activate accountability processes, signal disapproval and concern, call on States
and other actors to protect journalists from attack and implement policies, practices and
structures to prevent and address future attacks. Indeed, in its 2005 Plan of Action on
Protection and Empowerment, OHCHR notes that human rights protection is based on
international law and necessarily focuses on both immediate responses when people are
threatened, and on longer term work to build and strengthen laws and institutions that
protect rights — within States and at the global level.40
19. In resolutions, the Human Rights Council highlighted and condemned threats and
attacks against journalists and called for States to take action in accordance with their
human rights obligations (see A/72/290, para. 45). It expressed deep concern at the
detention of journalists in Eritrea and reiterated its call for the Government to provide all
relevant information to OHCHR on the identity, safety, well-being and whereabouts of all
detained and missing journalists.41 Regarding the Syrian Arab Republic, it demanded the
34 See www.un.org/webcast/pdfs/180322am-unesco-journalists.pdf.
35 A/HRC/17/31, annex, guiding principles 11–24.
36 Guiding principle 13.
37 See http://resources.fifa.com/image/upload/ejf1ecdku14lm2v9zc03.pdf.
38 See https://rsf.org/en/our-supporters.
39 See A/HRC/24/23, paras. 11–13; A/69/268, paras. 10–12; A/70/290, para. 17; and A/72/290, paras.
13–16.
40 See http://www2.ohchr.org/english/planaction.pdf, para. 34.
41 See resolution 35/35, paras. 6 and 8 (o).
immediate release of all persons arbitrarily detained, including journalists.42 It expressed
continued concern at the arrest of journalists in Belarus in March 2017 and infringements
on freedom of expression. 43 It expressed concern about the harassment of, and attacks
against, journalists and human rights defenders in Yemen.44 It encouraged the Democratic
Republic of the Congo to provide greater protection during elections for, inter alia,
journalists.45
20. Applying international human rights law, the Council addressed the conditions
necessary to protect journalists. In resolution 35/25, it recognized the importance of
creating a safe and enabling environment and protecting journalists, whistle-blowers,
witnesses and anti-corruption activists from threats arising from their activities in
preventing and fighting against corruption. In resolution 33/2 (para. 13), it emphasized that
encryption and anonymity tools had become vital for many journalists to work freely and
enjoy their human rights and called on States not to interfere with the use of such
technologies. In resolution 34/7 (para. 9), it encouraged business enterprises to work
towards enabling technical solutions to secure and protect the confidentiality of digital
communications, including measures for encryption and anonymity. It called upon States
not to interfere with the use of such solutions, with any restrictions complying with States’
obligations under international human rights law (see paragraph 9 of the resolution). It
recognized that technical solutions, including encryption and anonymity, to secure and
protect the confidentiality of digital communications could be important to ensure the
enjoyment of the rights to privacy, freedom of expression and freedom of peaceful
assembly and association.
21. The General Assembly of the Organization of American States adopted, in June
2017, resolution 2908 (XLVII-O/17), in which it reaffirmed that journalism must be
practised free from threats, physical or psychological aggression, or other acts of
intimidation, urged member States to implement strategies to end impunity for crimes
against journalists and share good practices and recommended that the Inter-American
Commission on Human Rights and its Special Rapporteur for freedom of expression
continue with their activities concerning the safety of journalists.
22. Various European institutions have addressed the safety of journalists in
recommendations and resolutions. In 2016, the Committee of Ministers of the Council of
Europe adopted recommendation CM/Rec(2016)4 on the protection of journalism and
safety of journalists and other media actors.46 The Committee recommended that States
implemented the Guidelines set out in the appendix to the recommendation, and review and
revise relevant national laws and practice to ensure their conformity with States’
obligations under the Convention for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights). The Guidelines consist of four pillars
(prevention, protection, prosecution and promotion of information, education and
awareness-raising) and provide guidance on how States should fulfil their obligations.47 In
2017, the Parliamentary Assembly of the Council of Europe adopted resolution 2141
(2017),48 in which it called on States to fully investigate the violent deaths of a number of
journalists, and called on Azerbaijan, Hungary, Russian Federation and Turkey to address
specific concerns regarding the situation of journalists.49 The European Parliament passed a
non-legislative resolution in April 2018 calling on States to ensure the personal safety and
livelihoods of, inter alia, investigative journalists.50
42 See resolution 35/26, para. 20, and resolution 36/20, para. 20.
43 See resolution 35/27, para. 2.
44 See resolution 36/31, preambular paragraph.
45 See resolution 36/30, para. 20.
46 See https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016806415d9.
47 Ibid., para. 7 and appendix.
48 See http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=23400&lang=en.
49 Ibid., paras. 7–8, 11 and 13.
50 See www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-
0183, para. 8.
23. In 2014, the African Commission on Human and Peoples’ Rights adopted resolution
264 on attacks against journalists and media practitioners in the Federal Republic of
Somalia,51 in which it called for investigations into the killing of journalists and appealed
for an immediate cessation of harassment and intimidation of media organizations. In its
forty-second activity report (January–May 2017), the Commission noted with concern
allegations of arrests and harassment of journalists and human rights defenders in
Cameroon, Burundi, Eritrea, Sudan and South Sudan.52
24. OHCHR, like other international actors, carries out capacity-building as part of its
mandate. This involves providing education and information about the safety of journalists,
and developing policies and practices within organizations and States to protect journalists.
In Guatemala, in 2015, OHCHR (with UNESCO) provided technical assistance to the
technical committee on the creation of a mechanism to protect journalists, which led to the
creation of a special unit in the Attorney General’s Office to investigate attacks against
human rights defenders and journalists (see A/HRC/31/3/Add.1, paras. 42 and 46). In
Mexico,53 OHCHR is a member of the governing board of the federal mechanism for the
protection of human rights defenders and journalists. It has provided technical assistance
concerning the drafting of a protocol to investigate, at the federal level, attacks against
journalists; capacity-building for the Supreme Court of the State of Hidalgo; and technical
assistance to the Government of the State of Coahuila concerning the creation of a working
group on the protection of journalists and human rights defenders. In 2016, OHCHR
supported the implementation by the State of Chihuahua of an early warning system for
human rights defenders and journalists at-risk. 54 In Colombia, during 2016, OHCHR
provided technical assistance to the Attorney General’s Office concerning the prioritization
of investigations into attacks against human rights defenders, including journalists. 55
OHCHR assisted the National Protection Unit of Colombia in adopting protection measures
to address threats facing journalists.56
25. In order to further capacity-building and cooperation, OHCHR and the Inter-
American Commission on Human Rights signed, on 25 October 2017 during the latter’s
165th regular session in Montevideo, a Joint Action Mechanism to Contribute to the
Protection of Human Rights Defenders in the Americas. 57 The Mechanism includes
journalists within the definition of human rights defenders and emphasizes joint actions to
protect human rights defenders in the region.58
26. Training contributes to raising awareness and developing a body of professionals
who can address the issue of the safety of journalists. In Tunisia, during 2017, OHCHR and
UNESCO trained six Tunisian journalists (selected from among 65 journalists trained in
2016) as trainers on press freedom and safety, who will deliver five training sessions for
journalists in 2018. UNESCO and OHCHR provided support to the National Union of
Tunisian Journalists regarding the establishment of a unit to monitor, report on and follow
up on attacks against journalists. Since 2014, UNESCO has organized online training
courses on the safety of journalists and freedom of expression for more than 5,000 judges in
Latin America, and is replicating the training for judges from East and Southern Africa.59
With the Inter-American Commission on Human Rights’ Special Rapporteur for freedom of
expression, OHCHR has carried out workshops for prosecutors to strengthen their
knowledge of international and regional standards on the safety of journalists. The Special
51 See www.achpr.org/sessions/15th-eo/resolutions/264. See also resolution 221
(www.achpr.org/sessions/51st/resolutions/221).
52 See www.achpr.org/files/activity-reports/42/42nd_activity_report_eng.pdf, para. 43 (viii).
53 See http://www2.ohchr.org/english/OHCHRreport2017/allegati/11_Americas_2017.pdf, p. 232.
54 See http://www2.ohchr.org/english/OHCHRreport2016/allegati/Downloads/
6_OHCHR_in_the_%20field_2016.pdf, p. 205.
55 Ibid., p. 199.
56 See http://www2.ohchr.org/english/OHCHRreport2017/allegati/11_Americas_2017.pdf, p. 221.
57 See https://news.un.org/en/story/2017/10/569332-un-americas-action-plan-seeks-strengthen-
protection-human-rights-defenders.
58 See www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=22282&LangID=E.
59 See https://en.unesco.org/sites/default/files/wpfd2018_concept_note_en.pdf, p. 4.
Rapporteur has trained judges and journalists on the protection of free expression by the
inter-American human rights system. 60 Civil society organizations deliver training on
prevention. The Securing Access to Freedom of Expression Initiative has provided digital
and physical security training sessions, and psychosocial care, to over 1,500 media
practitioners and social communicators in Central America, Eastern Europe, East Africa,
Asia and the Middle East. 61 The Community of Democracies’ Working Group on
Promoting the Freedom of Opinion and Expression created, with the Committee to Protect
Journalists, a toolkit on the safety of journalists for the personnel of diplomatic missions62
to assist diplomats in dealing with journalists facing safety issues.
27. Public campaigns enhance the protection of journalists through raising awareness
about the critical role that they play in democratic societies, the impact of attacks on
journalists on their ability to carry out this role and ways to ensure their safety. Civil society
actors, such as Reporters Without Borders, the Committee to Protect Journalists and Article
19, often launch global and regional public petitions/campaigns to pressure political leaders
to protect journalists, for example, Free Press Unlimited’s63 online petition64 calling for
lawmakers to provide an enabling environment for journalists and for accountability for
crimes against journalists.65
28. Practical protection mechanisms offer tools and resources to protect journalists.
These are specific steps that can be taken to improve the situation and offer immediate or
mid-term support to protect journalists at risk. The Shelter City Initiative, organized by
Justice and Peace Netherlands, offers temporary respite to human rights defenders,
including journalists, allowing them opportunities to recover in a safe space and widen their
contact networks, before returning to their work.66 The initiative comprises 11 Dutch cities
and cities in Georgia, Tanzania and Costa Rica.
29. The International Committee of the Red Cross (ICRC) offers protection for
journalists in situations of armed conflict. Its hotline enables journalists, their families or
employers to report cases of journalists who have been arrested, captured, detained,
reported missing, wounded or killed. 67 The four-year action plan of ICRC for the
implementation of international humanitarian law contains an objective 3 on enhanced
protection of journalists and the role of the media with regard to international humanitarian
law. The 32nd International Conference of the Red Cross and Red Crescent received a
progress report68 on the steps taken by States, national societies and ICRC to ensure the
protection of journalists, and media equipment and installations. These included integrating
the protection of journalists into the international humanitarian law training provided to
different militaries, and providing training for journalists in conflict zones.
30. Other hotlines are open to all journalists, and some focus on the safety of women
journalists. The European Centre for Press and Media Freedom has a facility for women
media workers to inform the centre’s staff about attacks against them confidentially,
through encrypted messaging. 69 Other platforms for reporting violence against women
journalists were highlighted in the Secretary-General’s 2017 report (see A/72/290, para.
60).
60 Contribution of the United States.
61 See www.irex.org/project/safe-securing-access-free-expression.
62 See www.community-democracies.org/global-activities/convening/working-groups/working-group-
on-promoting-freedom-of-opinion-and-expression. See also the contribution of the United States.
63 See also the contribution from the Netherlands.
64 See www.freepressunlimited.org/en/manifesto-protect-journalists.
65 See www.freepressunlimited.org/en/end-impunity-protect-journalists.
66 See www.justiceandpeace.nl. See also the contribution of the Netherlands.
67 See www.icrc.org/en/document/protection-journalists-icrc-hotline-faq.
68 See http://rcrcconference.org/wp-content/uploads/2015/10/32IC-Progress-report-4-year-action-plan-
on-IHL_EN.pdf, pp. 15–17.
69 See https://ecpmf.eu/get-help/womens-reporting-point.
IV. Monitoring mechanisms
31. Monitoring is a proactive method involving the collection, verification, analysis and
use of information to address problems in order to improve protection. In this regard,
human rights monitoring is a key tool to respond to human rights concerns and crises,
identify violations, patterns, causes and possible solutions, further the accountability of
States and individuals, and prevent future violations.70 OHCHR monitors the situation of
journalists globally, reports on human rights violations committed against journalists and
makes recommendations addressing violations against journalists in accordance with
international human rights law.
32. Concerns about the safety of journalists have been raised in reports by the High
Commissioner for Human Rights and the Secretary-General (see A/72/290, para. 46,
footnote 46). Recently, the High Commissioner addressed the situation of journalists in Sri
Lanka, referring to two unresolved cases concerning, respectively, the disappearance and
killing of two journalists (see A/HRC/37/23, paras. 35 and 37). He also referred to the
safety of journalists in the report on the situation of human rights in Libya, and the
effectiveness of technical assistance and capacity-building measures received by Libya
(A/HRC/37/46, paras. 47–48). In his report on the situation of human rights in the Islamic
Republic of Iran, the Secretary-General drew attention to the reports received by OHCHR
indicating that individuals working for the Persian Service of the British Broadcasting
Company and their families in the Islamic Republic of Iran had been harassed, intimidated
and threatened by the authorities. 71 In his 2018 report to the Security Council on the
protection of civilians in armed conflict, the Secretary-General referred to the toll of
conflict on journalists, with killings, injuries and threats reported in, inter alia, Afghanistan,
the Democratic Republic of the Congo, Iraq, Libya, Somalia, the Syrian Arab Republic and
Yemen. The Secretary-General noted that such incidents had a serious impact on
independent reporting, which was essential for exposing human suffering, restraining
belligerents and building pressure for political solutions and accountability (see
S/2018/462, para. 15). In his 2017 report on the same topic, the Secretary-General urged
Member States to inform UNESCO of the status of judicial enquiries into killing of
journalists, strengthen protection for journalists reporting in conflict situations and prevent
impunity (see S/2017/414, para. 32).
33. Special representatives of the Secretary-General brief the Security Council on
country situations, including on the safety of journalists. In March 2017, the Special
Representative of the Secretary-General for Somalia expressed concern about attacks on
journalists.72 The Special Representative of the Secretary-General for Iraq detailed attacks
against journalists and media workers in the Kurdistan region during October 2017, and the
decision of the Iraqi federal authorities to ban some media outlets in the Kurdistan region
for failing to obtain the necessary licences.73
34. The special procedures of the Human Rights Council undertake country visits to
look at human rights situations falling within their mandates. Following his January 2017
visit to Mexico, the Special Rapporteur on the situation of human rights defenders outlined
the threats faced by journalists and recommended guaranteeing sufficient resources for the
National Protection Mechanism for Human Rights Defenders and Journalists at the federal
and state levels.74 The December 2017 joint mission to Mexico undertaken by the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression and the Inter-American Commission on Human Rights’ Special Rapporteur for
freedom of expression reported on sexual harassment against women journalists, reporters
70 See www.ohchr.org/Documents/Publications/OHCHRIntro-12pp.pdf, foreword, third paragraph.
71 See A/HRC/37/24, para. 37. See also A/HRC/37/68, para. 34; and
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22314&LangID=E.
72 See https://unsom.unmissions.org/srsg-michael-keating-briefing-security-council-somalia.
73 See www.uniraq.org/index.php?option=com_k2&view=item&id=8233:briefing-to-the-security-
council-by-srsg-for-iraq-jan-kubis-new-york-22-november-2017-as-prepared&Itemid=712&lang=en.
74 See A/HRC/37/51/Add.2, paras. 33–37 and 115 (l).
forced to flee their homes, killings and disappearances, and pervasive impunity. 75
Following his March 2018 visit to Liberia, the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression documented the situation
facing women journalists, noting that physical security on assignment may be inadequate,
and bad infrastructure and roads made reporting, especially in rural parts of the country, a
serious safety issue.76
35. Special procedures have raised the issue of the safety of journalists during Human
Rights Council interactive dialogues. For example, during the thirty-seventh session of the
Council, the Independent Expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of all human rights,
particularly economic, social and cultural rights, referred to the risks faced by journalists
covering corruption, tax evasion and illicit financial flows. Referring to the killings of
journalists Daphne Caruana Galizia77 and Ján Kuciak78 as of the utmost serious concern, he
called on the Council to remain vigilant regarding similar situations.79
36. The human rights treaty bodies monitor implementation of the core international
human rights treaties and assess States’ compliance with their obligations under those
treaties (see A/72/290, para. 51). In its concluding observations (2017–2018), the Human
Rights Committee 80 and the Committee against Torture 81 raised concerns and made
recommendations about the safety of journalists and restrictions on freedom of expression.
For example, the Human Rights Committee expressed concern about the allegations of
public officials in Serbia publicly vilifying and intimidating media workers, particularly
through the prosecution of journalists and members of civil society for expressing their
opinions. The Committee recommended that immediate steps be taken to provide effective
protection to media workers from all forms of intimidation. It called on Serbia to ensure
that all cases were duly investigated and perpetrators of those acts of intimidation
prosecuted and appropriately sanctioned. It also said Serbia should refrain from prosecuting
journalists, human rights defenders and other members of civil society as a means of
deterring or discouraging them from freely expressing their opinions.82
37. International commissions of inquiry and fact-finding missions, supported by
OHCHR, have monitored violations of the rights of journalists and made recommendations
in that regard. The Independent International Commission of Inquiry on the Syrian Arab
Republic has addressed this, recently reporting that journalists have been intimidated and
arrested for reporting on alleged violations committed by the Syrian Democratic Forces and
the international coalition. 83 The United Nations Independent Investigation on Burundi
found that human rights defenders and journalists had been the primary targets of
systematic repression by the authorities (see A/HRC/33/37, paras. 78 and 81). The
Commission of Inquiry documented the issuing of international arrest warrants against
journalists and the revocation of licences of independent media organizations, as well as the
suspension of the Burundian Union of Journalists, observing that the democratic space
enabling journalists to express themselves freely had been severely restricted (see
A/HRC/36/54, paras. 15 and 52). The March 2017 (A/HRC/34/63) and February 2018
(A/HRC/37/71) reports of the Commission on Human Rights in South Sudan detailed
attacks against journalists and called for the security and freedom of expression of the
media to be ensured. Similarly, the Independent International Fact-finding Mission on
75 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22489&LangID=E.
76 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22785&LangID=E.
77 See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22262&LangID=E.
78 See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22753&LangID=E.
79 See http://webtv.un.org/watch/clustered-id-ie-on-foreign-debt-and-sr-on-adequate-housing-8th-
meeting-37th-regular-session-human-rights-council/5742256033001.
80 CCPR/C/TKM/CO/2, CCPR/C/BGD/CO/1, CCPR/C/BIH/CO/3, CCPR/C/COD/CO/4,
CCPR/C/LBN/CO/3 and CCPR/C/HUN/CO/6.
81 CAT/C/PAK/CO/1, CAT/C/BHR/CO/2-3, CAT/C/LKA/CO/5, CAT/C/TKM/CO/2 and
CAT/C/RWA/CO/2.
82 CCPR/C/SRB/CO/3.
83 See A/HRC/37/72, para. 44. See also A/HRC/31/68, paras. 114 and 155 (g); A/HRC/31/CRP.1, paras.
75 and 78; and A/HRC/30/48, paras. 51, 155–158, and 178 (j).
Myanmar has documented the arrest, detention and possibly lengthy prison sentences of
journalists who were investigating alleged human rights violations.84
38. The high-level segment of the Human Rights Council has monitored the safety of
journalists with statements, during its thirty-seventh session, on the topic by ministers from
Canada, 85 Czechia, 86 Mexico, 87 Slovakia 88 and United Kingdom of Great Britain and
Northern Ireland.89
39. The safety of journalists continues to be raised in the context of the universal
periodic review. Some 84 recommendations concerning the safety of journalists were made
to States during the twenty-sixth, twenty-seventh and twenty-eighth sessions of the
Working Group held in 2016 and 2017. The Netherlands referred in its contribution to its
recommendations on issues concerning journalists, for example to Sudan, to protect
journalists from violence and arbitrary arrest, address impunity for crimes against
journalists and notify UNESCO of the status of the judicial inquiry into the murder of
journalists (see A/HRC/33/8/Add.1, para. 140.50) and, to Uganda, to end intimidation,
threats and physical attacks on journalists and promote open reporting and commentary on
issues of public concern (see A/HRC/19/16, para. 111.75).
40. The 2030 Agenda for Sustainable Development is another important framework
through which progression in the area of the safety of journalists will be monitored,
measured and assessed. Target 16.10 aims to ensure public access to information and
protect fundamental freedoms, in accordance with national legislation and international
agreements. The safety of journalists is a central component of all efforts by States and
other stakeholders to reach this. Indicator 16.10.1 requires quantification of the number of
verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture
of journalists, associated media personnel, trade unionists and human rights advocates.
OHCHR is developing the methodology and data-collection methods for the indicator, with
UNESCO and the International Labour Organization.90 Monitoring and reporting conducted
under this indicator will complement existing OHCHR human rights monitoring and
analysis of the full range of violations of journalists’ rights and help to ensure the
effectiveness of approaches to the issue.
41. The human rights components of United Nations peacekeeping operations have been
drawing attention to the safety and protection of journalists, often in the contexts of
shrinking democratic space, elections and violations of the right to freedom of expression.
In September 2016, the United Nations Assistance Mission in Somalia and OHCHR
produced a report that described the situation confronting journalists, human rights
defenders and politicians in Somalia, including killings, arbitrary arrests and detentions,
intimidation, harassment, the closure of media outlets, confiscation of equipment and
website-blocking.91 The United Nations Mission in South Sudan/OHCHR reports on human
rights in South Sudan highlighted attacks on journalists and freedom of expression,92 as did
the report on the assessment mission of OHCHR to improve human rights, accountability,
84 See www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=22798&LangID=E.
85 See www.canada.ca/en/global-affairs/news/2018/02/address-by-minister-freeland-to-the-high-level-
segment-of-the-37th-session-of-the-human-rights-council.html.
86 See http://webtv.un.org/search/czech-republic-high-level-segment-4th-meeting-37th-regular-session-
human-rights-council/5740975755001/?term=&lan=english&page=10.
87 See http://webtv.un.org/search/mexico-high-level-segment-4th-meeting-37th-regular-session-human-
rights-council/5740975771001/?term=&lan=english&page=9 and
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22719&LangID=E.
88 See http://webtv.un.org/search/slovakia-high-level-segment-4th-meeting-37th-regular-session-human-
rights-council/5740975773001/?term=&lan=english&page=9.
89 See www.gov.uk/government/speeches/lord-ahmad-marks-70th-anniversary-of-un-human-rights-
declaration.
90 See also www.ohchr.org/Documents/Issues/HRIndicators/GuidanceNoteonApproachtoData.pdf.
91 See www.ohchr.org/Documents/Countries/SO/UNSOM_FreedomExpressionReport_Aug312016.pdf.
92 See the January 2017 report (www.ohchr.org/Documents/Countries/SS/ReportJuba16Jan2017.pdf)
and the February 2018 report (www.ohchr.org/Documents/Countries/SS/UNMISS-
OHCHR_Freedom_of_Expression.pdf).
reconciliation and capacity in South Sudan (A/HRC/31/49). In their April 2018 report,
OHCHR and the United Nations Support Mission in Libya documented that armed groups
across Libya regularly seized and held, outside the legal framework, suspected opponents
or critics, including journalists and media workers,93 and that the Libyan National Army
targeted and apprehended media workers, activists and others perceived as critical of, or not
sufficiently loyal to, the Libyan National Army.94
42. Since 2008, the UNESCO Director General has produced a biennial report on the
killing of journalists and the progress of judicial inquiries.95 The report enables States to
take stock of developments and discuss challenges linked to promoting the safety of
journalists and combating impunity. The Director General also makes statements
concerning the killing of journalists.96
43. The Council of Europe’s platform to promote the protection of journalism and safety
of journalists97 documents attacks against journalists, including the number of journalists in
detention and cases in which impunity persists for the murder of journalists. It compiles,
processes and disseminates concerns regarding media freedom and the safety of journalists.
The platform also aims to improve protection of journalists by fostering early warning
mechanisms, better addressing threats and violence and improving the capacity for
responding to them.98
44. The Inter-American Commission on Human Rights has produced reports
documenting violence against journalists in the Americas, for example in Honduras, 99
Mexico,100 Guatemala101 and Venezuela.102
45. A number of civil society actors monitor freedom of expression and the protection of
journalists. The Committee to Protect Journalists’ annual Global Impunity Index103 ranks
countries in which journalists are killed and there is no accountability. Reporters Without
Borders produces the annual World Press Freedom Index, which ranks 180 States according
to freedom for journalists based on an evaluation of media pluralism and independence,
legislative framework and safety of journalists. 104 The Press Emblem Campaign
documented the killing of 44 journalists in 18 countries from 1 January to 30 April 2018,
compared with 28 journalists during the same period in 2017, an increase of 57 per cent.105
V. Complaint mechanisms
46. Complaint mechanisms address allegations about human rights violations and harm
suffered. They may adjudicate allegations and determine responsibility and appropriate
penalties and/or remedies. Others may be mandated to report facts, ascribe responsibility
and make recommendations for addressing the past and preventing future recurrence. By
ensuring accountability for violations, complaint mechanisms can deter, and thereby
prevent, attacks.
93 See www.ohchr.org/Documents/Countries/LY/AbuseBehindBarsArbitraryUnlawful_EN.pdf, sect.
5.1.
94 Ibid., p. 19.
95 See https://en.unesco.org/dg-report.
96 See https://en.unesco.org/news/director-general-condemns-killing-journalist-abdullah-al-qadry-yemen
and https://en.unesco.org/news/director-general-condemns-murder-journalist-karla-turcios-salvador.
97 See www.coe.int/en/web/media-freedom.
98 See www.coe.int/en/web/media-freedom/the-platform.
99 See OEA/Ser.L/V/II, doc. 42/15, paras. 214–215.
100 Ibid., doc. 44/15, paras. 428–430.
101 Ibid., doc. 208/17, paras. 249–299.
102 Ibid., doc. 209/17, paras. 282–308 and 323–327.
103 See https://cpj.org/reports/Impunity-2017_NEW.pdf.
104 See https://rsf.org/en/world-press-freedom-index.
105 See http://pressemblem.ch/pec-news.shtml.
47. Individuals can bring complaints against a State party alleging a violation of treaty
rights to the relevant body monitoring the treaty,106 however, this option has been rarely
used in relation to cases concerning the safety of journalists.
48. In accordance with their mandate, special procedures receive information about
alleged human rights violations and they can intervene with Governments through
communications (urgent appeals and allegation letters). These remain confidential until
inclusion in the communications report submitted to sessions of the Human Rights Council.
However, in situations of grave concern, special procedures may issue a public statement
earlier.107 The communications report submitted to the Council’s thirty-seventh session108
detailed communications sent concerning the safety of journalists.109 Examples of public
statements issued by special procedures relate to the shutting down of an independent
media outlet in the Philippines, 110 legal action by the Islamic Republic of Iran against
Persian staff working for the British Broadcasting Corporation and their families, 111 the
need for no impunity in Slovakia for recent killings of journalists, 112 a decision by the
Egyptian prosecutor to seek the death sentence against a photojournalist113 and the killing of
nine journalists covering an attack in Kabul.114
49. UNESCO has a complaints procedure 115 whereby certain individuals, groups of
individuals and non-governmental organizations, including journalists, can submit a
complaint to the UNESCO Committee on Conventions and Recommendations if they are
direct victims or have a sufficient connection to a violation of a right contained in the
Universal Declaration of Human Rights falling under the competence of UNESCO.116
50. In serious and urgent cases, the Inter-American Commission on Human Rights may,
on its own initiative or at the request of a party, request member States to adopt
precautionary measures in order to prevent irreparable harm to persons, or the subject
matter of the proceedings, in connection with a pending petition or case. The Commission
has issued multiple precautionary measures regarding the safety of journalists.117 In May
2018, the Commission adopted resolution 3/2018, which contained measures to expedite
the processing of requests for precautionary measures.118
51. The European Court of Human Rights adjudicates on individual or State
applications alleging violations of the civil and political rights contained in the European
Convention on Human Rights. For example, in 2018 in Ivashchenko v. Russia,119 the Court
ruled that Russian customs officers had violated the right to respect for the private and
106 See www.ohchr.org/EN/HRBodies/TBPetitions/Pages/IndividualCommunications.aspx.
107 See A/72/290, para. 48, for communications issued between 1 March 2015 and 30 April 2017.
108 See A/HRC/37/80, sect. III.
109 UA AZE 5/2017, OTH 28/2017, IRN 29/2017, JOR 3/2017, MLT 2/2017, MMR 7/2017, PAK
6/2017, MMR 4/2017, SOM 1/2017, MRT 1/2017, EGY 7/2017, SLV 3/2017, VEN 3/2017 and MEX
4/2017.
110 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22610&LangID=E.
111 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22314&LangID=E.
112 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22753&LangID=E.
113 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22807&LangID=E.
114 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23021&LangID=E.
115 Under 104 EX/Decision 3.3. Available at http://portal.unesco.org/en/ev.php-
URL_ID=15249&URL_DO=DO_TOPIC&URL_SECTION=201.html.
116 See www.claiminghumanrights.org/unesco_procedure.html.
117 PM 5/15 — José Moisés Sánchez Cerezo, Mexico; PM 458/14 — Members of Kaieteur News
Journal, Guyana; PM 336/14 — Gener Jhonathan Echeverry Ceballos and family, Colombia; PM 252/14 — Members of the Contralínea magazine, México; PM 115/11 — Journalists La Voz de
Zacate Grande, Honduras; PM 254-10 — Leiderman Ortiz Berrio, Colombia, PM 196-09,
Amplification — Journalists from Radio Progreso, Honduras; and PM 36-10 — Rodrigo Callejas Bedoya and family, Colombia.
118 See www.oas.org/en/iachr/decisions/pdf/Resolution-3-18-en.pdf.
119 Application No. 61064/10, judgment of 13 February 2018.
family life of journalist Yuriy Nikolayevich Ivashchenko when they seized and copied files
and photos from his laptop without sufficient justification.120
52. The African Court on Human and Peoples’ Rights heard, in 2016, a case concerning
the violations of rights of journalists. In Konaté v. Burkina Faso, the Court dealt with an
accusation of criminal defamation and ruled that a prison sentence was an inappropriate
punishment.121
53. In 2015, the African Commission on Human and Peoples’ Rights heard Uwimana-
Nkusi and Mukakibibi v. Rwanda.122 This case challenged the conviction of two female
Rwandan journalists to respective prison sentences of four and three years on charges of
criminal defamation and threatening national security. A decision remains pending.
54. The East African Court of Justice confirmed in the 2015 case Burundian Journalists
Union v. Burundi123 that it had jurisdiction to hear press freedom cases. It ordered Burundi
to amend its Press Law as it violated the State’s international obligations to uphold human
rights, particularly the right to freedom of expression.
55. The Inter-American Court of Human Rights has heard cases concerning the safety of
journalists, including two historical cases.124
56. Civil society organizations help to bring cases before complaint mechanisms. The
Media Legal Defence Initiative provides legal defence to journalists, bloggers and
independent media and delivered, in August 2016, its second East African Litigation
Surgery in Kampala, which aimed to enhance the knowledge and skills of lawyers from
Kenya, Rwanda, Tanzania and Uganda and represent journalists, bloggers and media
outlets in national and international courts.125
VI. Effectiveness of prevention, protection, monitoring and complaint mechanisms
57. There have been undeniable advancements over recent years to strengthen the safety
of journalists and address prevailing impunity for violations of their rights. There now exist
numerous prevention, protection, monitoring and complaint mechanisms at the international
and regional levels, often with multiple purposes and functions, which are utilized by
States, the United Nations system, international and regional organizations, and media and
civil society actors in order to enhance the safety of journalists.
58. Since the safety of journalists became an issue of focus at the intergovernmental
level, resolutions and other initiatives of the Security Council, General Assembly and
Human Rights Council, as well as the United Nations human rights mechanisms, have
reaffirmed and elaborated upon the application of pertinent international human rights and
international humanitarian norms and standards. The issue has also been rapidly
incorporated into the policies and operations of the United Nations, and other international
organizations, including through monitoring and reporting, awareness-raising, capacity-
building and training. This will be further advanced through the re-establishment of the
United Nations network of focal points on the safety of journalists. Similar developments
120 See also Özgür Gündem v. Turkey, application No. 23144/93, judgment of 16 March 2000, in which the Court found that, in part through the State’s failure to take adequate protective and investigative
measures in relation to the pattern of attacks on persons connected to the newspaper Özgür Gündem,
there had been a violation of freedom of expression.
121 See http://en.african-court.org/images/Cases/Judgment/Konate%20Judgment%20Engl.pdf.
122 Referred to in A/72/290, para. 53.
123 See http://eacj.org/wp-content/uploads/2015/05/Reference-No.7-of-2013-Final-15th-May-2c-2015-
Very-Final1.pdf.
124 See https://knightcenter.utexas.edu/blog/00-17064-inter-american-court-human-rights-opens-case-
against-brazil-death-journalist-vladimir and www.corteidh.or.cr/docs/asuntos/carvajal_06_07_17.pdf
(in Spanish).
125 See www.mediadefence.org/sites/default/files/EALS%202016%20-
%20Evaluation%20report_final.pdf.
have occurred at the regional level. Although outside of the scope of the present report,
mechanisms that aim to address the broader, underlying conditions, that impact decisively
on the safety of journalists, including freedom of expression and opinion, human rights
defenders and civic space, constitute an essential part of this international and regional
system.
59. However, the safety of journalists is far from secure. Indeed, the situation continues
to deteriorate alarmingly, raising legitimate questions as to the efficacy of international and
regional mechanisms, or indeed mechanisms at all levels.
60. Only one contribution received for the present report commented on the
effectiveness of the international and/or regional mechanisms. It focused on the need for:
local and national mechanisms that are supported by international and regional frameworks
that take into account the different country contexts and processes and that inform
international and regional mechanisms; adequate resources to meet the ambitious nature of
the United Nations Plan of Action; a visible, coherent, coordinated strategy underpinning
the Plan of Action; and better coordination and information-sharing among international
mechanisms, and international and regional mechanisms.126 A preliminary assessment of
effectiveness was provided in the report prepared by UNESCO in advance of the multi-
stakeholder consultation on strengthening implementation of the Plan of Action (August
2017).127 Drawing on responses received from stakeholders, the report concluded that, to be
effective going forward, the Plan of Action had to be about embedding safety as an intrinsic
responsibility of all actors, and about creating sustainable institutions and processes to
address the challenges.128 It made a number of suggestions for improvements, including
enhanced involvement of United Nations entities in the Plan of Action beyond UNESCO
and OHCHR and better coordination, cooperation and collaboration among them (including
through the United Nations focal points system), greater sharing of information and good
practice, expansion of regional initiatives to new regions, greater monitoring and reporting
by existing regional bodies, and sufficient resources.
61. As one of the mechanisms actively engaged on the issue of the safety of journalists,
OHCHR is restricted in its ability and competence to analyse the effectiveness of other
stakeholders. Such a far-reaching analysis would need to be carried out independently of
the mechanisms concerned and objectively and impartially on the basis of an agreed and
appropriate methodology129 that could adequately deal with the various dimensions of the
issue (including both the wide range of types of mechanism that are currently being utilized
in order to enhance journalistic safety and their often multiple roles and responsibilities, as
well as the international, regional and national contexts in which they operate). This has
been an area of academic research. Further work in this area is needed and welcomed.
62. Moreover, accurately analysing the effectiveness of international and regional
mechanisms requires the systematic collection, collation and analysis of disaggregated data
over time, of which there is currently a relatively limited amount. Many entities at the
international and regional levels (as well as the national level) are monitoring the safety of
journalists, and the Sustainable Development Goals framework will provide an important
avenue by which specific data will be collected. However, this monitoring and data
collection and analysis concerns attacks on journalists. While indirectly relevant to the
effectiveness of international and regional mechanisms, it cannot directly be the basis of an
analysis of effectiveness.
63. However, the mechanisms themselves could usefully reflect on what could be done
to enhance their effectiveness, including as was done by UNESCO and OHCHR with
126 See contribution of International Media Support.
127 See https://en.unesco.org/sites/default/files/report_-_multi-stakeholder_consultation.pdf.
128 Ibid., p. 41.
129 See www.cfom.org.uk/2017/04/how-to-build-a-methodology-to-measure-the-risk-to-journalists-
safety-in-the-round. See also Sara Torsner, “Measuring journalism safety: methodological
challenges”, in The Assault on Journalism: Building Knowledge to Protect Freedom of Expression,
Ulla Carlsson and Reeta Pöyhtäri, eds. (Göteborg, Nordicom, 2017), pp. 129–138. Available at
www.nordicom.gu.se/sites/default/files/publikationer-hela-pdf/the_assault_on_journalism.pdf.
regard to the Plan of Action through the process that culminated in the multi-stakeholder
consultation and the related report and outcome document. The involvement of civil society
and media organizations in the multi-stakeholder consultation was a highly valuable aspect
of this process and all mechanisms are encouraged to follow a similar, inclusive approach.
VII. Conclusions and recommendations
64. There have been recent notable and significant achievements in addressing the
issue of the safety of journalists at international, regional and national levels. A wide
range of prevention, protection, monitoring and complaint mechanisms have been
established, often with multiple functions, and are regularly employed to draw
attention to the issue, to educate, prevent and protect, monitor violations and report,
and pursue accountability. Through these mechanisms, international and regional
actors assist States in fulfilling their own primary obligations under international law
to protect the rights of journalists and prevent attacks against them.
65. Despite the attention given to the safety of journalists at the international and
regional levels, attacks on journalists are increasing, raising legitimate questions
about the impact of these mechanisms at all levels. This report has highlighted some
essential components that are required for an independent and impartial analysis of
effectiveness. These include the investment of adequate time and resources, an agreed
methodology (taking account of the wide range and multiple roles of the mechanisms
and the contexts in which they operate), and the systematic collection, collation and
analysis of relevant disaggregated data over time.
66. Mechanisms could themselves usefully carry out analyses of the effectiveness of
their work, individually and/or in cooperation with other mechanisms and with the
involvement of civil society. The multi-stakeholder consultation is an example of a
recent evaluation that aimed to constructively assess the impact of the Plan of Action
and set out options for a stronger approach going forward.