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The State of Whistleblower & Journalist Protections

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THE STATE OF WHISTLEBLOWER & JOURNALIST PROTECTIONS GLOBALLY: A Customary Legal Analysis of Representative Cases May 2015 TABLE OF CONTENTS Table of Contents ......................................................................................................................... 1 Abbreviations and Acronyms...................................................................................................... 3 I. Introduction............................................................................................................................... 6 II. Methodology............................................................................................................................. 7 III. Country Reports: Asia-Pacific.............................................................................................. 9 A. Australia.................................................................................................................. 9 B. China...................................................................................................................... 14 C. India....................................................................................................................... 17 D. Indonesia............................................................................................................... 20 E. Regional Analysis................................................................................................. 24 IV. Country Reports: Sub-Saharan Africa.............................................................................. 26 A. Eritrea.................................................................................................................... 26 B. Mali........................................................................................................................ 29 C. Nigeria................................................................................................................... 33 D. South Africa.......................................................................................................... 38 E. Regional Analysis……......................................................................................... 42 V. Country Reports: Europe/Eurasia....................................................................................... 44 A. Bosnia & Herzegovina.......................................................................................... 44 B. Russia..................................................................................................................... 47 C. Turkmenistan........................................................................................................ 52 D. United Kingdom................................................................................................... 55 E. Regional Analysis................................................................................................. 59 VI. Country Reports: The Americas......................................................................................... 60 A. Argentina............................................................................................................... 60 B. Brazil...................................................................................................................... 64 C. Cuba....................................................................................................................... 67 D. United States of America..................................................................................... 69 E. Venezuela.............................................................................................................. 74 F. Regional Analysis…………................................................................................. 76 The State of Whistleblower & Journalist Protections Globally: A Customary Legal Analysis of Representative Cases | 1 VII. Country Reports: Middle East and North Africa............................................................ 77 A. Egypt...................................................................................................................... 77 B. Israel...................................................................................................................... 79 C. Saudi Arabia......................................................................................................... 81 D. Tunisia................................................................................................................... 82 E. Regional Analysis................................................................................................. 84 VIII. Thematic and Specific Issues for the Special Rapporteur’s Immediate Attention .... 86 The State of Whistleblower & Journalist Protections Globally: A Customary Legal Analysis of Representative Cases | 2 ABBREVIATIONS AND ACRONYMS ADB Asian Development Bank AHRD ASEAN Human Rights Declaration ALADI Inter-American Development Bank, the Latin American Integration Association ANC African National Congress APEC Asia-Pacific Economic Cooperation ASEAN Association of Southeast Asian Nations ATP Anti-Terrorist Proclamation BiH Bosnia and Herzegovina BPHR Human Resources Division CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or Convention against Torture CED Convention for the Protection of All Persons against Enforced Disappearances CEDAW Convention on the Elimination of All Forms of Discrimination against Women CERD International Convention on the Elimination of All Forms of Racial Discrimination CMW International Convention of the Protection of the Rights of All Migrant Workers and Members of the Families CoE Council of Europe CPJ Committee to Protect Journalists CPRD Convention on the Rights of Persons with Disabilities CRC Convention on the Rights of the Child DPL Data Protection Laws DRC Convention on the Rights of Persons with Disabilities ECLAS Economic Commission for Latin America and the Caribbean EU European Union FCPA Foreign Corrupt Practices Act The State of Whistleblower & Journalist Protections Globally: A Customary Legal Analysis of Representative Cases | 3 FSMA Food Safety Modernization Act FTAA Free Trade of the Americas G15 Group of 15 G20 Group of 20 HRW Human Rights Watch ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICRMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families IDB Inter-American Development Bank ILSED Latin American Institute for Security and Democracy IOCCO Interception of Communications Commissioner’s Office IPYS Free Press and Society Institute ITTF Insider Threat Task Force LAES Latin American Economic System LSCA Broadcasting Communication Services Law MENA Middle East and North Africa MERCOSUR Mercado Común del Sur MINUSMA United Nations Multidimensional Integrated Stabilization Mission in Mali NPA Note Printing Australia OAI Office of Anti-corruption and Integrity OECD Organization for Economic Cooperation and Development OSA Organization of American States OSCE Organization for Security and Co-operation in Europe OSHA Occupational Safety & Health Administration PAIA Promotion of Access to Information Act The State of Whistleblower & Journalist Protections Globally: A Customary Legal Analysis of Representative Cases | 4 PFDJ Popular Front for Democracy and Justice PIDA Public Interest Disclosure Act RIPA Regulation of Investigative Powers Act RSF Reporters Without Borders SAARC South Asian Association for Regional Cooperation SEC Securities and Exchange Commission SOA Summit of the Americas SPP Supreme People’s Procuratorate SR Special Rapporteur TI Transparency International UK United Kingdom UN United Nations UNASUR Unión of South American Nations UNHRC UN Human Rights Council UPR Universal Periodic Review WPFI World Press Freedom Index The State of Whistleblower & Journalist Protections Globally: A Customary Legal Analysis of Representative Cases | 5 To: David Kaye, United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression Topic: Regional Whistleblower and Journalist Protections Authors: Joshua Birch, Joshua Dyer, Melissa Pasos, Melissa Sandoval, Kelsi Schagunn, Juanita Taylor, Scott Tuurie, Jorge Valdes, Seiko Yoshitake I. Introduction 1. In their common perambulatory clause, the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights state that “the idea of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as economic, social and cultural rights.” 2. Nearly fifty years have passed since the General Assembly adopted the International Covenants on December 16, 1966. Much has changed since then, including the level of technology; however, the principles that form the foundation for the recognition and promotion of human rights remain the same. 3. The full enjoyment of human rights requires their promotion and protection. When Member States fail to uphold their human rights obligations, accountability and redress are necessary. However, neither accountability nor restitution is possible if and when those responsible for the violations hide behind a veil of secrecy. In
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