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Freedom of Expression and Public Order Fostering the Relationship Between Security Forces and Journalists Context and International Laws

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Freedom of Expression and Public Order Fostering the Relationship Between Security Forces and Journalists Context and International Laws Freedom of Expression and Public Order Fostering the Relationship Between Security Forces and Journalists Context and International Laws Freedom of expression is a fundamental eleven years, from 2006 to 2016. On aver- right enshrined in Article 19 of the Universal age, this constitutes one death every four Declaration of Human Rights (UDHR) and of days. In 2017, 79 journalists were killed, Without a minimum the International Covenant on Civil and Po- which marks the lowest number of killed level of public order, litical Rights (ICCPR), as well as numerous journalists in several years. In nine out of “citizens and journalists regional treaties, among them, the American ten cases, the killers go unpunished. To cannot fully enjoy their Convention on Human Rights, the African this, one needs to add the countless other Charter on Human and Peoples’ Rights and violations endured by journalists, which right to free expression. the European Convention on Human Rights. include kidnappings, enforced disappear- Security forces must ance, arbitrary detention, torture, intim- therefore protect As the United Nations agency with a specific idation and harassment, both offline and journalists against mandate to promote “the free flow of ideas online, and seizure or destruction of ma- attacks by others who by word and image”, the United Nations Edu- terial. The perpetrators of these attacks seek to prevent them cational, Scientific and Cultural Organization are not only non-State actors such as (UNESCO) works to ensure the protection, criminals or extremists groups. According from doing their work. respect and fulfilment of freedom of expres- to the Committee to Protect Journalists1, sion, access to information, press freedom, 25 % of murder suspects are government and the rights and safety of journalists. or military officials. The programme falls within the framework of the UN Plan of Action on the Safety of Security forces play a vital role in protect- Since 2013, UNESCO has been implementing Journalists and the Issue of Impunity2, ing and ensuring an environment conducive a training programme for security forces adopted in 2012, which aims to create a to freedom of expression, access to infor- with the aim to provide practical and theo- free and safe environment for journalists mation and other fundamental freedoms. retical tools for them to carry out their mis- and media workers. The UN Plan highlights Without a minimum level of public order, sion of maintaining order while respecting the importance of journalists and others ex- citizens and journalists cannot fully enjoy human rights, freedom of expression and pressing themselves to be able to work in a their right to free expression. Security the safety of journalists. The programme’s safe and independent environment: forces must therefore protect journal- goal is to improve the sometimes tense ists against attacks by others who seek relationships between security forces and “In a climate where journalists are safe, to prevent them from doing their work. journalists, to ensure a safe environment citizens find it easier to access quality in- They must ensure that journalists can ac- for journalists to work freely. This enables formation and many objectives become cess areas and information about crimes not only journalists, but all citizens to enjoy possible as a result: democratic governance and other matters of public interest, and their right to freedom of expression and ac- and poverty reduction; conservation of the they must ensure that their own communi- cess to information. Supporting transparent environment; gender equality and the em- cations with the media are transparent. law enforcement institutions, which respect powerment of women; justice and a culture freedom of expression and the right to in- of human rights, to name a few.”3 The extent of the risks faced by journalists formation, promotes accountability and the is demonstrated by the 930 killings record- rule of law while respecting human rights. The importance of capacity-building proj- ed by UNESCO over the course of the past ects for law enforcement actors was em- 1 https://cpj.org/reports/cpj_impunity_pages.pdf 2 http://www.unesco.org/new/en/communication-and-information/freedom-of-expression/safety-of-journalists/un-plan-of-action/ 3 UN plan of Action on Safety of Journalists and the Issue of Impunity, 2012 phasized during the Multi-Stakeholder Consul- also face additional threats of sexual violence, tation on Strengthening the UN Plan of Action intimidation and gender discrimination. on the Safety of Journalists and the Issue of Impunity in 2017 and its outcome document. Protecting freedom of expression and other fundamental freedoms also contributes to promoting the attainment of the Sustainable Development Goal (SDG) 16 “Peace, Justice and Strong Institutions” of the 2030 Agenda for Sustainable Development, in particularly target 16.10: Ensure public access to informa- tion and protect fundamental rights. Women Journalists Face Specific Threats According to UNESCO, intimidation and violence against women journalists have in- creased. The digital era has created new op- portunities for female journalists, but it has also provided a platform for new forms of attacks against women. The online sphere is often just a reflection of the realities and hi- erarchies that exist offline. Female journalists experience a range of threats – from intimida- tion, threats and abuse to sexual harassment. And in the most extreme cases, sexual assault and rape, which can occur “in reprisal for their work, during public events by mobs, or when journalists are in detention or captivity”. In areas of armed conflict, female journalists are subject to the same dangers as their male colleagues, but perhaps more than men they The fundamental right to freedom of expression and the right to seek, receive and impart information are included in both the Universal Declaration of Human Rights and the Inter- national Covenant on Civil and Political Rights1. Freedom of expression is a cornerstone of a democratic society and an enabler of all other human rights. Journalists and media workers, including citizen journalists and bloggers, play an important role in upholding the right to freedom of expression as well as access to information for all citizens. 1 See UDHR, Article 19; ICCPR, Article 19. Journalism and Public Order: Serving Democracy Obstacles to fostering freedom of expres- the international norms on freedom of ex- sion include tensions and sometimes con- pression, because it defines the ways in Security forces may frontational interactions between security which they must treat journalists and citi- forces and journalists. One of the major zens’ right to freedom of expression. In ef- act in ways which sources of tension occurs when journalists fect, security forces may act in ways which “limit freedom of are trying to access information. For in- limit freedom of expression – for example expression – for stance, the police can doubt the legitimacy by refusing to let journalists enter premises example by refusing of journalists’ sources, whereas journalists where a crime is being investigated – but to let journalists enter often find the information from the police they may only do so where they act in ac- premises where a crime limited or not delivered in time for their cordance with a clear law that permits them deadline. There is a discrepancy between to do so. is being investigated – journalists’ need for information and the but they may only do During the UNESCO programmes where so where they act in security forces and journalists exchange accordance with a clear their experiences, they often find their jobs law that permits them to have many aspects in common. They both Restricting freedom do so. of expression must: work long hours, have little time to spend with their partners and families and expe- “be provided by law; rience high levels of psychological pressure. pursue a legitimate aim; They also often work in high-risk situations, What is Journalism? and be necessary and where mistakes are at the expense of the proportionate. public, and both professions are regularly UN bodies, including UNESCO, use a broad subjected to criticism by the public. These definition of the term “journalist”. UNESCO shared working circumstances cultivate uses the term journalists to cover tradi- ability of security forces to provide them empathy and can serve as a foundation for tional reporters as well as “media workers” with the necessary kind of information and establishing a good working relationship. and “social media producers who generate authorisation. a significant amount of public-interest jour- Any measures the State takes, which limit To guarantee fundamental freedoms nalism”. freedom of expression, either directly or in- such as freedom of expression and ac- directly, are prima facie interferences with cess to information in a society, it is vital The General Comment No. 34 on Article 19 of this right. In some cases, it is legitimate for to reinforce the capacities of security the International Covenant on Civil and Po- States to prohibit certain acts as inciting forces to ensure journalist safety. It is litical Rights (ICCPR) provides the following others to crime or exposing others’ private therefore essential that security forces definition: “Journalism is a function shared lives, which are founded on a strict test and journalists establish professional by a wide range of actors, including pro- established in international
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