Original HRC document

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Document Type: Final Resolution

Date: 2012 Oct

Session: 21st Regular Session (2012 Sep)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Topic: Journalists

GE.A/HRC/20/17 and Add.1-3. 2-17410

Human Rights Council Twenty-first session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

21/12.

Safety of journalists

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights, and recalling relevant

international human rights treaties, including the International Covenant on Civil and

Political Rights and the International Convention for the Protection of All Persons from

Enforced Disappearance, as well as the Geneva Conventions of 1949 and the Additional

Protocols thereto of 8 June 1977,

Recalling all relevant resolutions of the Commission on Human Rights and the

Human Rights Council on the right to freedom of opinion and expression, in particular

Council resolution 12/16 of 2 October 2009, as well as Council resolutions 13/24 of 26

March 2010 and 20/8 of 5 July 2012,

Mindful that the right to freedom of opinion and expression is a human right

guaranteed to all in accordance with articles 19 of the Universal Declaration of Human

Rights and of the International Covenant on Civil and Political Rights, and that it

constitutes one of the essential foundations of a democratic society and one of the basic

conditions for its progress and development,

Reaffirming that everyone has the right to life, liberty and security of person,

Recognizing the importance of all forms of the media, including the printed media,

radio, television and the Internet, in the exercise, promotion and protection of the right to

freedom of opinion and expression,

 The resolutions and decisions adopted by the Human Rights Council will be contained in

the report of the Council on its twenty-first session (A/HRC/21/2), chap. I.

Acknowledging the particular role played by journalists in matters of public interest,

including by raising awareness of human rights,

Underlining the importance of voluntary professional principles and ethics

developed and observed by the media,

Recognizing that the work of journalists often puts them at specific risk of

intimidation, harassment and violence,

Acknowledging the specific risks faced by women journalists in the exercise of their

work, and underlining, in this context, the importance of taking a gender-sensitive approach

when considering measures to address the safety of journalists,

Taking note of the good practices of different countries aiming at the protection of

journalists, as well as, inter alia, those designed for the protection of human rights

defenders that can, where applicable, be relevant to the protection of journalists,

Underlining the important role of regional and subregional organizations in the

safety of journalists,

Welcoming the important work of the United Nations Educational, Scientific and

Cultural Organization for the safety of journalists,

Taking note of the International Conference on Protection of Journalists in

Dangerous Situations, held on 22 and 23 January 2012 in Doha,

1. Recalls, in the context of this resolution, the rights contained in the

International Covenant on Civil and Political Rights, in particular article 19, which states that:

1. Everyone shall have the right to hold opinions without interference;

2. Everyone shall have the right to freedom of expression; this right shall

include freedom to seek, receive and impart information and ideas of all kinds,

regardless of frontiers, either orally, in writing or in print, in the form of art, or

through any other media of his choice;

3. The exercise of the rights provided for in paragraph 2 of this article

carries with it special duties and responsibilities. It may therefore be subject to certain

restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre

public), or of public health or morals;

2. Takes note of the reports of the Special Rapporteur on the promotion and

protection of the right to freedom of opinion and expression1 and the Special Rapporteur on

extrajudicial, summary or arbitrary executions,A/HRC/20/22, Corr.1 and Add.1-4. presented to the Human Rights Council at

its twentieth session, and the interactive dialogue thereon;

3. Expresses its concern that violations of the right to freedom of opinion and

expression continue to occur, including increased attacks against and killings of journalists

and media workers, and stressing the need to ensure greater protection for all media

professionals and for journalistic sources;

4. Condemns in the strongest term all attacks and violence against journalists,

such as torture, extrajudicial killings, enforced disappearances and arbitrary detention, as

well as intimidation and harassment;

5. Expresses its concern that there is a growing threat to the safety of journalists

posed by non-State actors, including terrorist groups and criminal organizations;

6. Calls on all parties to armed conflict to respect their obligations under

international human rights law and international humanitarian law, including their

obligations under the Geneva Conventions of 12 August 1949 and, where applicable, the

Additional Protocols thereto of 8 June 1977, the provisions of which extend protection to

journalists in situations of armed conflict, and to allow, within the framework of applicable

rules and procedures, media access and coverage, as appropriate, in situations of

international and non-international armed conflict;

7. Expresses its concern that attacks against journalists often occur with impunity,

and calls upon States to ensure accountability through the conduct of impartial, speedy and

effective investigations into such acts falling within their jurisdiction, and to bring to justice

those responsible and to ensure that victims have access to appropriate remedies;

8. Calls upon States to promote a safe and enabling environment for journalists to

perform their work independently and without undue interference, including by means of (a)

legislative measures; (b) awareness-raising in the judiciary, law enforcement officers and

military personnel, as well as journalists and civil society, regarding international human

rights and humanitarian law obligations and commitments relating to the safety of journalists;

(c) the monitoring and reporting of attacks against journalists; (d) publicly condemning

attacks; and (e) dedicating necessary resources to investigate and prosecute such attacks;

9. Encourages States to put in place voluntary protection programmes for

journalists, based on local needs and challenges, including protection measures that take

into account the individual circumstances of the persons at risk, as well as, where

applicable, the good practices in different countries;

10. Invites relevant special procedures of the Human Rights Council, as

appropriate, in the framework of their mandates, to continue to address the relevant aspects

of the safety of journalists in their work;

11. Stresses the need to ensure better cooperation and coordination at the

international level with regard to ensuring the safety of journalists, including with regional

organizations, and invites United Nations agencies, funds and programmes, other

international and regional organizations, Member States and all relevant stakeholders, when

applicable and in the scope of their mandates, to cooperate further in the implementation of

the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity,

elaborated by the United Nations Educational, Scientific and Cultural Organization and

endorsed by the United Nations System Chief Executives Board for Coordination;

12. Requests the Office of the United Nations High Commissioner for Human

Rights, in collaboration with the Special Rapporteur on the promotion and protection of the

right to freedom of opinion and expression, to prepare, working in consultation with States

and other relevant stakeholders, a compilation of good practices in the protection of

journalists, the prevention of attacks and the fight against impunity for attacks committed

against journalists, and to present the compilation in a report to the Human Rights Council

at its twenty-fourth session.

37th meeting

27 September 2012

[Adopted without a vote.]