Report of the Office of the Special Rapporteur for Freedom of Expression 2007
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ORGANIZATION OF AMERICAN STATES INTER-AMERICAN COMMISSION ON HUMAN RIGHTS OEA/Ser.L/V/II.131 Doc. 34 rev. 1 8 March 2008 Original: Spanish RREEPPOORRTT OOFF TTHHEE OOFFFFIICCEE OOFF TTHHEE SSPPEECCIIAALL RRAAPPPPOORRTTEEUURR FFOORR FFRREEEEDDOOMM OOFF EEXXPPRREESSSSIIOONN VOLUME II Dr. Ignacio Alvarez Special Rapporteur for Freedom of Expression GENERAL SECRETARIAT ORGANIZATION OF AMERICAN STATES 1889 F St. N.W. WASHINGTON, D.C. 20006 2008 Internet: http://www.cidh.org E-mail: [email protected] OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Annual report of the Inter-American Commission on Human Rights, 2007. v. ; cm. (OAS official records ; OEA/Ser.L) ISBN 978-0-8270-5200-0 (v.1) ISBN 978-0-8270-5201-7 (v.2) 1. Human rights--America--Periodicals. I. Title. II Series. OEA/Ser.L/V/II.131 (E) Approved by the Commission during its 131st period of sessions ANNUAL REPORT OF THE OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION 2007 TABLE OF CONTENTS Page INTRODUCTION.................................................................................................................... 1 CHAPTER I GENERAL INFORMATION ................................................................................. 5 A. Mandate and Competence of the Office of the Rapporteur for Freedom of Expression… ............................................................................. 5 B. Principal Activities of the Office of the Special Rapporteur…………………………… .. 7 1. Individual Case System ..................................................................... ….8 2. Precautionary Measures ........................................................................ 9 3. Public Hearings……………………………… ................................................ 9 4. Working Visits…................................................................................. 11 5. Promotional Workshops....................................................................... 11 6. Studies and Publications...................................................................... 11 7. Daily Monitoring of the Situation of Freedom of Expression in the Region. .................................................................... 12 8. Quarterly Reports on Freedom of Expression in the Region. ..................... 12 9. Press Releases ................................................................................... 13 10. Participation in Seminars and Conferences............................................. 14 C. Funding of the Office of the Special Rapporteur ................................................ 15 CHAPTER II SITUATION OF FREEDOM OF EXPRESSION IN THE REGION............................... 19 A. Introduction and methodology......................................................................... 19 B. Evaluation of the Situation of Freedom of Expression in the Region ..................... 20 1. Violence against the communications media .......................................... 20 2. Censorship ........................................................................................ 24 3. Criminal prosecutions.......................................................................... 25 4. Abusive use of official authority ........................................................... 26 5. Pluralism and diversity in radio broadcasting .......................................... 27 6. Access to information ......................................................................... 29 7. Confidentiality of sources .................................................................... 30 C. Country-by-Country Evaluation of the Situation of Freedom of Expression ............ 30 D. Information, alerts and complaints on freedom of expression .............................. 45 CHAPTER III CONCLUSIONS AND RECOMMENDATIONS.............................................................. 165 A. Conclusions ................................................................................................ 165 B. Recommendations to the Member States of the OAS....................................... 166 iii INTRODUCTION 1. The year 2007 once again was marked by violence for journalism in the region. According to information received by the Office of the Special Rapporteur for Freedom of Expression (“Office of the Rapporteur” or “Office of the Special Rapporteur”), this year at least 16 people were killed for reasons that could be related to their work in journalism or to their right to freedom of expression.1 Although the figure is slightly lower than in 2006, the number continues to be significant for the region. 2. Although progress was made in the investigations of murders of journalists that took place this year and in prior years, the situation of impunity—propelled by the lack of due investigation into the murders of journalists—continues to be of concern. Impunity in turn leads to additional murders. Since it is known that there may be no punishment for committing this crime, those who kill reporters can continue doing so or threatening to do so without suffering any consequences. This in turn generates self-censorship. In view of the lack of State guarantees to the right to life, journalists are forced to stop investigating and reporting about certain issues. 3. At least 200 cases of aggressions and threats against media employees in various countries have also been verified during 2007. Considering that the number could be much higher, since many such situations are never reported, impunity is also a cause for concern in these cases, particularly since often investigations are never even begun. This generates self-censorship and at times forces journalists and their family members to leave their hometowns and even their countries. Cases were also reported involving acts of aggression against journalists committed by private individuals or in the context of public demonstrations, a situation that also calls for the adoption of measures on the part of the State to prevent such acts or to protect reporters. 4. Another situation that has particularly concerned the Office of the Special Rapporteur in 2007 has to do with measures reported during this period that go against pluralism, an essential component of freedom of expression and democracy. Pluralism requires being able to express different opinions through different media outlets, and ensuring that these can reach the largest possible audience. Democracy requires the free debate of ideas and opinions, even when these are unpleasant or make the government uncomfortable. 5. The States Parties to the American Convention on Human Rights should comply with their international obligations regarding freedom of expression. These include abstaining from actions that adversely affect pluralism as well as adopting positive actions to guarantee it. One situation that has an adverse effect on pluralism is media-ownership concentration and monopolies, whether public or private. 6. The Office of the Rapporteur believes it is important for States to adopt actions such as putting into force anti-monopoly laws on ownership and control; adopting legislation to establish open, public and transparent bidding for radio-electric frequencies; and giving independent bodies’ decision-making authority on such matters. 7. In December 2007, four rapporteurs and experts in freedom of expression signed the Joint Declaration on Diversity in Broadcasting, in which they said that in order for States to fulfill their obligations in this area, the measures they adopt should encompass the diversity of media outlets and ownership, as well as diversity of content. 1 Information about journalists or members of the media who were murdered for reasons presumably related to their work as journalists can be found in Chapter II, in the general evaluation of the region and in the evaluation of the countries where these events occurred. 2 8. In 2007, positive steps were seen in the region in terms of pluralism. These included a decision by Mexico’s Supreme Court of Justice declaring unconstitutional provisions of the Radio and Television Law that negatively affected pluralism, and the approval in Uruguay of a law that provides for awarding frequencies through open, transparent bidding. Progress was also seen in the area of community radio broadcasting. 9. However, the Office of the Special Rapporteur notes with concern that on the pretext of fostering pluralism, public powers have been used in countries of the region to try to silence media that are critical of the government, for example through threats and arbitrary or discriminatory decisions in awarding television and radio frequencies. In addition, public funds are being used to create and finance media outlets that are characterized as being of a public service or community nature. These lack full financial and management independence from the governments that create them, and often end up serving as government propaganda machines and not as vehicles that encourage pluralism. 10. On another front, this year the Office of the Special Rapporteur received information about importance legislative advances in various Member States in such matters as the repeal of “desacato laws,” the decriminalization of defamation and slander, access to information and community radio broadcasting. 11. The observations expressed here by the Office of the Rapporteur are expanded in the following pages of this annual report. The report complies with the mandate established by the Inter-American Commission on Human Rights (IACHR) for