29.09.2016. Resolution on the safety of journalists adopted without a vote by the Human Rights Council A/HRC/33/L6
Human Rights Council
Thirty-third session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Albania, Andorra,* Armenia,* Austria,* Belgium, Bosnia and Herzegovina,* Brazil,* Bulgaria,* Chile,* Côte d’Ivoire, Croatia,* Cyprus,*, Czechia,* Denmark,* Estonia,* Finland,* France, Georgia, Germany, Greece,* Honduras,* Hungary,* Iceland,* Ireland,* Israel,* Italy,* Japan,* Kenya, Latvia, Liechtenstein,* Lithuania,* Luxembourg,* Mali,* Malta,* Mexico, Monaco,* Montenegro,* Morocco, Netherlands, Norway,* Panama, Peru,* Poland,* Portugal, Qatar, Republic of Moldova,* Romania,* Serbia,* Slovakia,* Slovenia, Spain,* Sweden,* Switzerland, Timor-Leste,* Tunisia,* Ukraine,* United States of America,* Uruguay*
33/… The 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, and the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 8 June 1977,
Recalling all General Assembly resolutions on the safety of journalists and the issue of impunity, including resolutions 68/163 of 18 December 2013, in which the Assembly proclaimed 2 November as the International Day to End Impunity for Crimes against Journalists, and 70/162 of 17 December 2015, and Security Council resolutions 1738 (2006) of 23 December 2006 and 2222 (2015) of 27 May 2015, on the protection of civilians in armed conflict,
Recalling also Human Rights Council resolutions 21/12 of 27 September 2012 and 27/5 of 25 September 2014, on the safety of journalists, Council decision 24/116 of 26 September 2013, on a panel discussion on the safety of journalists, and all other relevant resolutions of the Commission on Human Rights and the Council, in particular Council resolution 12/16 of 2 October 2009 and all other resolutions on the right to freedom of opinion and expression, Council resolution 13/24 of 26 March 2010, on the protection of journalists in situations of armed conflict, Council resolution 28/16 of 26 March 2015, on the right to privacy in the digital age, and Council resolutions 26/13 of 26 June 2014 and 32/13 of 1 July 2016, on the promotion, protection and enjoyment of human rights on the Internet,
Welcoming the latest report of the Secretary-General on the safety of journalists and the issue of impunity, and recalling his previous report thereon,
Recalling all relevant reports of the special procedures of the Human Rights Council on the safety of journalists, in particular the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on extrajudicial, summary or arbitrary executions, presented to the Council at its twentieth session, and the interactive dialogue thereon,
Recalling also the report of the Office of the United Nations High Commissioner for Human Rights on good practices in the safety of journalists, the panel discussion of the Human Rights Council on the issue of the safety of journalists, held on 11 June 2014, and the summary report of the Office of the High Commissioner thereon,
Welcoming the important work of the United Nations Educational, Scientific and Cultural Organization for the safety of journalists, and taking note with appreciation of its 2015 publications, entitled World Trends in Freedom of Expression and Media Development and Building Digital Safety for Journalism,
Taking note with appreciation of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, endorsed by the United Nations System Chief Executives Board for Coordination on 12 April 2012, in which United Nations agencies, funds and programmes were invited to work with Member States towards a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide,
Welcoming the adoption of the 2030 Agenda for Sustainable Development and the commitments therein to, inter alia, promote peaceful and inclusive societies for sustainable development, including by ensuring public access to information and protecting fundamental freedoms, in accordance with national legislation and international agreements, and therefore recognizing the important contribution of the promotion and protection of the safety of journalists in this regard,
Welcoming also initiatives taken by States, media organization and civil society relevant to the safety of journalists, and taking note in this regard of the Freelance Journalist Safety Principles and the International Declaration on the Protection of Journalists presented at the World Congress of the International Press Institute, held in March 2016 in Doha,
Mindful that the right to freedom of opinion and expression is a human right guaranteed to all, in accordance with article 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,
Recognizing that the work of journalists often puts them at specific risk of intimidation, harassment and violence, the presence of which often deters journalists from continuing their work or encourages self-censorship, consequently depriving society of important information,
Deeply concerned by all human rights violations and abuses committed in relation to the safety of journalists and media workers, including killing, torture, enforced disappearance, arbitrary arrest and arbitrary detention, expulsion, intimidation, harassment, threats and acts of other forms of violence,
Expressing deep concern at the increased number of journalists and media workers who have been killed, tortured, arrested or detained in recent years as a direct result of their profession,
Expressing further serious concern at attacks and violence against journalists and media workers in situations of armed conflict, and recalling in this regard that journalists and media workers engaged in dangerous professional missions in areas of armed conflict shall be considered civilians and shall be protected as such, provided that they take no action adversely affecting their status as civilians,
Expressing deep concern at the growing threat to the safety of journalists posed by non-State actors, including terrorist groups and criminal organizations,
Recognizing that national legal frameworks consistent with States’ international human rights obligations and commitments are an essential condition for a safe and enabling environment for journalists, and expressing deep concern about the misuse of national laws, policies and practices to hinder or limit the ability of journalists to perform their work independently and without undue interference,
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,
Emphasizing also the particular risks with regard to the safety of journalists in the digital age, including the particular vulnerability of journalists to becoming targets of unlawful or arbitrary surveillance and/or interception of communications in violation of their rights to privacy and to freedom of expression,
Recognizing the crucial role of journalists and media workers in the context of elections, including to inform the public about candidates, their platforms and ongoing debates, and expressing serious concern that attacks against journalists and media workers increase during election periods,
Bearing in mind that impunity for attacks and violence against journalists constitutes one of the greatest challenges to the safety of journalists, and that ensuring accountability for crimes committed against journalists is a key element in preventing future attacks,
1. Condemns 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;
2. Also condemns unequivocally the specific attacks on women journalists in the exercise of their work, including sexual and gender-based discrimination and violence, intimidation and harassment, online and offline;
3. Strongly condemns the prevailing impunity for attacks and violence against journalists, and expresses grave concern that the vast majority of these crimes go unpunished, which in turn contributes to the recurrence of these crimes;
4. Urges States to do their utmost to prevent violence, threats and attacks against journalists and media workers, to 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, to bring perpetrators, including those who command, conspire to commit, aid and abet or cover up such crimes to justice, and to ensure that victims and their families have access to appropriate remedies;
5. Calls upon States to create and maintain, in law and in practice, a safe and enabling environment for journalists to perform their work independently and without undue interference, including by means of (a) legislative measures; (b) supporting the judiciary in considering training and awareness-raising and supporting training and awareness-raising among law enforcement officers and military personnel, as well as among journalists and civil society, regarding international human rights and humanitarian law obligations and commitments relating to the safety of journalists; (c) the regular monitoring and reporting of attacks against journalists; (d) publicly, unequivocally and systematically condemning violence and attacks; and (e) dedicating the resources necessary to investigate and prosecute such attacks;
6. Also calls upon States to develop and implement strategies for combating impunity for attacks and violence against journalists, including by using, where appropriate, good practices such as those identified during the panel discussion held on 11 June 2014 and/or compiled in the report of the Office of the United Nations High Commissioner for Human Rights,4 inter alia:
(a) The creation of special investigative units or independent commissions;
(b) The appointment of a specialized prosecutor;
(c) The adoption of specific protocols and methods of investigation and prosecution;
(d) The training of prosecutors and the judiciary on the safety of journalists;
(e) The establishment of information-gathering mechanisms, such as databases, to permit the gathering of verified information about threats and attacks against journalists;
(f) The establishment of an early warning and rapid response mechanism to give journalists, when threatened, immediate access to the authorities and protective measures;
7. Further calls upon States to implement more effectively the applicable legal framework for the protection of journalists and media workers in order to combat the pervasive impunity, including through enforcement mechanisms with the capacity to pay systematic attention to their safety;
8. Urges States to bring their laws, policies and practices fully into compliance with their obligations and commitments under international human rights law, and to review and where necessary amend them so that they do not limit the ability of journalists and media workers to perform their work independently and without undue interference;
9. Urges the immediate and unconditional release of journalists and media workers who have been arbitrarily arrested or arbitrarily detained, taken hostage or who have become victims of enforced disappearances;
10. Calls upon all States to pay particular attention to the safety of journalists during periods of elections and while covering events in which persons are exercising their rights to peaceful assembly and freedom of expression, taking into account their specific role, exposure and vulnerability;
11. Also calls upon States to ensure that measures to combat terrorism and preserve national security or public order are in compliance with their obligations under international law and do not arbitrarily or unduly hinder the work and safety of journalists, including through arbitrary arrest or detention, or the threat thereof;
12. Further calls upon States to protect in law and in practice the confidentiality of journalists’ sources, in acknowledgement of the essential role of journalists in fostering government accountability and an inclusive and peaceful society, subject only to limited and clearly defined exceptions provided in national legal frameworks, including judicial authorization, in compliance with States’ obligations under international human rights law;
13. Emphasizes that, in the digital age, encryption and anonymity tools have become vital for many journalists to exercise freely their work and their enjoyment of human rights, in particular their rights to freedom of expression and to privacy, including to secure their communications and to protect the confidentiality of their sources, and calls upon States not to interfere with the use of such technologies, with any restrictions thereon complying with States’ obligations under international human rights law;
14. Also emphasizes the important role that media organizations can play in providing adequate safety, risk awareness, digital security and self-protection training and guidance to journalists and media workers, together with protective equipment and insurances, where necessary;
15. Stresses the need to ensure better cooperation and coordination at the international level, including through technical assistance and capacity-building, with regard to ensuring the safety of journalists, and encourages national, subregional, regional and international human rights mechanisms and bodies, including the relevant special procedures of the Human Rights Council, treaty bodies and national human rights institutions, in the framework of their mandates, to continue to address the relevant aspects of the safety of journalists in their work;
16. 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 promoting awareness of and implementing the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, and to this end calls upon States to cooperate with relevant United Nations entities, in particular the United Nations Educational, Scientific and Cultural Organization, relevant special procedures of the Human Rights Council and international and regional human rights mechanisms;
17. Invites States to share information on a voluntary basis on the status of investigations into attacks and violence against journalists, including in response to requests by the United Nations Educational, Scientific and Cultural Organization through the mechanism operated by its International Programme for the Development of Communication;
18. Encourages States to continue to address the issue of the safety of journalists through the process of the universal periodic review;
19. Requests the High Commissioner to prepare a report with 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, in consultation with States, the mechanisms themselves and all other relevant stakeholders, and to submit to the Human Rights Council at its thirty-ninth session;
20. Decides to continue its consideration of the safety of journalists in accordance with its programme of work.
27.05.2015. UNITED NATIONS. Security Council resolution 2222 adopted unanimously on protection of journalists
The Security Council
PP1
Bearing in mind its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security, and underlining the importance of taking measures aimed at conflict prevention and resolution,
PP2
Reaffirming its resolutions 1265 (1999), 1296 (2000), 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict and its resolution 1738 (2006) on the protection of journalists, media professionals and associated personnel in armed conflicts as well as other relevant resolutions and presidential statements,
PP3
Reaffirming its commitment to the Purposes of the Charter of the United Nations as set out in Article 1 (1-4) of the Charter, and to the Principles of the Charter as set out in Article 2 (1-7) of the Charter, including its commitment to the principles of the political independence, sovereign equality and territorial integrity of all States, and respect for the sovereignty of all States,
PP4
Recalling the Geneva Conventions of 12 August 1949, in particular the Third Geneva Convention of 12 August 1949 on the treatment of prisoners of war, and the Additional Protocols of 8 June 1977, in particular article 79 of the Additional Protocol I regarding the protection of journalists engaged in dangerous professional missions in areas of armed conflict,
PP5
Recognizing that the work of journalists, media professionals, and associated personnel often puts them at specific risk of intimidation, harassment and violence in situations of armed conflict
PP6
Reaffirming that parties to an armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of affected civilians, including those who exercise their right to freedom of expression by seeking, receiving and disseminating information by different means, online as well as offline, in accordance with Article 19 of the International Covenant on Civil and Political Rights,
PP7
Recognizing the important role of international humanitarian law, and international human rights law as applicable, in protecting journalists, media professionals and associated personnel in armed conflicts,
PP8
Further recognizing that States bear the primary responsibility to respect and ensure the human rights of their citizens, as well as individuals within their territory as provided for by relevant international law,
PP9
Recalling the right to freedom of expression reflected in Article 19 of the Universal Declaration of Human Rights adopted by the General Assembly in 1948 (“the Universal Declaration”), and recalling also the right to freedom of expression in Article 19 of the International Covenant on Civil and Political Rights adopted by the General Assembly in 1966 (“ICCPR”) and that any restrictions thereon shall only be such as are provided by law and are necessary on the grounds set out in paragraph 3 of Article 19 of the ICCPR,
PP10
Deeply concerned at the frequency of acts of violence in many parts of the world against journalists, media professionals, and associated personnel in armed conflict, in particular deliberate attacks in violation of international humanitarian law,
PP11
Emphasizing that there are existing prohibitions under international humanitarian law against attacks intentionally directed against civilians, as such, which in situations of armed conflict constitute war crimes, and recalling the need for States to end impunity for such criminal acts,
PP12
Bearing in mind that impunity for crimes committed against journalists, media professionals and associated personnel in armed conflict remains a significant challenge to their protection and that ensuring accountability for crimes committed against them is a key element in preventing future attacks.
PP13
Recognizing that journalists, media professionals and associated personnel can play an important role in protection of civilians and conflict prevention by acting as an early warning mechanism in identifying and reporting potential situations that could result in genocide, war crimes, ethnic cleansing and crimes against humanity,
PP14
Reaffirming its condemnation of all incitements to violence against civilians in situations of armed conflict, and condemning the use of the media to incite violence, genocide, crimes against humanity and other serious violations of international humanitarian law,
PP15
Recalling that States Parties to the Geneva Conventions have an obligation to search for persons alleged to have committed, or to have ordered to be committed a grave breach of these Conventions, and an obligation to try them before their own courts, regardless of their nationality, or may hand them over for trial to another concerned State provided this State has made out prima facie case against the said persons,
PP16
Further recalling the responsibility of all Member States to comply with their respective obligations to end impunity and to investigate and prosecute those responsible for genocide, crimes against humanity, war crimes or other serious violations of international humanitarian law and noting that the fight against impunity for the most serious crimes of international concern committed against civilians has been strengthened through the work on and prosecution of these crimes by the International Criminal Court, in accordance with the principle of complementarity to national criminal jurisdictions as set out in the Rome Statute, ad hoc and mixed tribunals and specialized chambers in national tribunals,
PP17
Expressing deep concern at the growing threat to the safety of journalists, media professionals, and associated personnel posed by terrorist groups and strongly condemning incidents of killings, kidnapping and hostage taking committed by terrorist groups for any purpose, including raising funds or gaining political concessions, and expressing its determination to prevent kidnapping and hostage taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law,
PP18
Stressing the contribution that peacekeeping operations and special political missions, where mandated, can make to international efforts to promote and protect human rights, and the protection of civilians, including journalists, media professionals, and associated personnel including through monitoring and reporting on violations and abuses as well as providing support for national governments’ efforts to promote and protect human rights, and in order to strengthen the fight against impunity for crimes committed against civilians, including journalists, media professionals, and associated personnel
PP19
Recognizing the importance of a comprehensive, coherent and action-oriented approach, including in early planning, of protection of civilians in situations of armed conflict. Stressing, in this regard, the need to adopt a broad strategy of conflict prevention, which addresses the root causes of armed conflict in a comprehensive manner in order to enhance the protection of civilians on a long-term basis, including by promoting sustainable development, poverty eradication, national reconciliation, good governance, democracy, the rule of law and respect for and protection of human rights,
PP20
Acknowledging the important role that regional and sub-regional organisations can play in ensuring the protection of journalists, media professionals, and associated personnel in armed conflicts and the importance of effective co-operation between the United Nations and those organizations,
PP21
Further acknowledging the specific risks faced by women journalists, media professionals and associated personnel in conduct of their work, and underlining in this context the importance of considering the gender dimension of measures to address their safety in situations of armed conflict,
PP22
Recognizing that the consideration of the issue of protection of journalists in armed conflict by the Security Council is based on the urgency and importance of this issue, and recognizing the valuable role that the Secretary-General can play in providing more information on this issue,
1.
Condemns all violations and abuses committed against journalists, media professionals and associated personnel in situations of armed conflict, and calls upon all parties to armed conflict to bring an end to such practices,
2.
Affirms that the work of a free independent and impartial media constitutes one of the essential foundations of a democratic society, and thereby can contribute to the protection of civilians,
3.
Recalls in this regard that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be respected and protected as such, provided that they take no action adversely affecting their status as civilians. This is without prejudice to the right of war correspondents accredited to the armed forces to the status of prisoners of war provided for in article 4.A.4 of the Third Geneva Convention,
4
Strongly condemns the prevailing impunity for violations and abuses committed against journalists, media professionals and associated personnel in situations of armed conflict, which in turn may contribute to the recurrence of these acts,
5.
Emphasized the responsibility of States to comply with the relevant obligations under international law to end impunity and to prosecute those responsible for serious violations of international humanitarian law,
6.
Urges Member States to take appropriate steps to ensure accountability for crimes committed against journalists, media professionals and associated personnel in situations of armed conflict and through the conduct of impartial, independent and effective investigations within their jurisdiction and to bring perpetrators of such crimes to justice,
7.
Recalls its demand that all parties to an armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel,
8.
Urges the immediate and unconditional release of journalists, media professionals and associated personnel who have been kidnapped or taken as hostages, in situations of armed conflict,
9.
Urges all parties involved in situations of armed conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians,
10.
Recalls also that media equipment and installations constitute civilian objects, and in this respect shall not be the object of attack or of reprisals, unless they are military objectives,
11.
Recognizes the important role that education and training in international humanitarian law can play in supporting efforts to halt and prevent attacks against civilians affected by armed conflict, including journalists, media professionals and associated personnel
12.
Affirms that United Nations peacekeeping and special political missions, where appropriate should include in their mandated reporting information on specific acts of violence against journalists, media professionals and associated personnel in situation of armed conflict,
13.
Urges all parties to armed conflict to do their utmost to prevent violations of international humanitarian law against civilians, including journalists, media professionals and associated personnel,
14
Calls upon Member States to create and maintain, in law and in practice, a safe and enabling environment for journalists, media professionals and associated personnel to perform their work independently and without undue interference in situations of armed conflict
15.
Stresses the need to ensure better cooperation and coordination at the international level, including among the United Nations and relevant international regional and sub-regional organizations, including through technical assistance and capacity-building, with regard to promoting and ensuring the safety of journalists, media professionals and associated personnel in armed conflicts,
16.
Encourages the United Nations and regional and sub-regional organizations to share expertise on good practices and lessons learned on protection of journalists, media professionals and associated personnel in armed conflict and, in close co-operation, to enhance the coherent and effective implementation of applicable international humanitarian law and relevant Security Council resolutions including those on protection of journalist, media professionals and associated personnel in situations of the armed conflict,
17.
Invites States which have not yet done so to consider becoming parties to the additional Protocols I and II of 1977 to the Geneva Conventions at the earliest possible date
18.
Reaffirms that it will continue to address the issue of protection of journalists in armed conflict.
19.
Requests the Secretary-General to include consistently as a sub-item in his reports on the protection of civilians in armed conflict the issue of the safety and security of journalists, media professionals and associated personnel, including the existence of measures to protect such individuals facing an imminent threat, and to ensure that information on attacks and violence against journalists, media professionals and associated personnel and preventative actions taken to prevent such incidents is included as a specific aspect in relevant country specific reports.
23.11.2014. United Nations. General Assembly. Resolution A/C.3/69/L.50/Rev.1 adopted without vote on the safety of journalists and the issue of impunity
The General Assembly,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights,1 and recalling relevant international human rights treaties, including the International Covenant on Civil and Political Rights2 and the International Convention for the Protection of All Persons from Enforced Disappearance,3 as well as the Geneva Conventions of 12 August 19494 and the Additional Protocols thereto,5
Recalling its resolution 68/163 of 18 December 2013 on the safety of journalists and the issue of impunity, in which it proclaimed 2 November as the International Day to End Impunity for Crimes against Journalists,
Welcoming the report of the Secretary-General,6
Taking note with appreciation of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, endorsed by the United Nations System Chief Executives Board for Coordination on 12 April 2012, in which United Nations agencies, funds and programmes were invited to work with Member States towards a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide,
Recalling Human Rights Council resolutions 21/12 of 27 September 20127 and 27/5 of 25 September 20148 on the safety of journalists, 20/8 of 5 July 2012 on the promotion, protection and enjoyment of human rights on the Internet,9 and 27/12 of 25 September 20148on the World Programme for Human Rights Education, as well as Security Council resolution 1738 (2006) of 23 December 2006,
Welcoming the panel discussion of the Human Rights Council on the issue of the safety of journalists, held on 11 June 2014, and taking note with appreciation of the summary report of the Office of the United Nations High Commissioner for Human Rights thereon, submitted to the Human Rights Council at its twenty-seventh session,10 as well the 2014 United Nations Educational, Scientific and Cultural Organization report entitled World Trends in Freedom of Expression and Media Development,11
Taking note of all relevant reports of the special procedures of the Human Rights Council with regard to the safety of journalists, in particular the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression12 and the Special Rapporteur on extrajudicial, summary or arbitrary executions,13 submitted to the Human Rights Council at its twentieth session, and the interactive dialogue thereon,
Commending the role and the activities of the Office of the United Nations High Commissioner for Human Rights and the United Nations Educational, Scientific and Cultural Organization with regard to the safety of journalists and the issue of impunity, and their facilitation of the commemoration of the International Day to End Impunity for Crimes against Journalists, in consultation with relevant entities within the United Nations system, Governments and relevant stakeholders,
Taking note with appreciation of the report of the Office of the High Commissioner for Human Rights on good practices concerning the safety of journalists,14 submitted to the Human Rights Council at its twenty-fourth session,
Noting with appreciation the international conference on the safety of journalists, held in Warsaw on 23 and 24 April 2013, and its specific recommendations,
Mindful that the right to freedom of opinion and expression is a human right guaranteed to all in accordance with article 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,
Acknowledging that journalism is continuously evolving to include inputs from media institutions, private individuals and a range of organizations that seek, receive and impart information and ideas of all kinds, online as well as offline, in the exercise of freedom of opinion and expression, in accordance with article 19 of the International Covenant on Civil and Political Rights, thereby contributing to the shaping of public debate,
Recognizing the relevance of freedom of expression and of free media, online as well as offline, in building inclusive and peaceful knowledge societies and democracies and in fostering intercultural dialogue, peace and good governance, as well as understanding and cooperation,
Recognizing also that the work of journalists often puts them at specific risk of intimidation, harassment and violence,
Noting the good practices of different countries aimed 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,
Recognizing that the number of people whose lives are influenced by the way information is presented is significant and that journalism influences public opinion,
Bearing in mind that impunity for attacks against journalists remains one of the biggest challenges to the safety of journalists and that ensuring accountability for crimes committed against journalists is a key element in preventing future attacks,
Recalling in this regard that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be respected and protected as such, provided that they take no action adversely affecting their status as civilians,
Deeply concerned by all human rights violations and abuses committed in relation to the safety of journalists, including killing, torture, enforced disappearance, arbitrary arrest and arbitrary detention, expulsion, intimidation, harassment, threats and other forms of violence,
Expressing deep concern at the increased number of journalists and media workers who have been killed or detained in recent years as a direct result of their profession,
Expressing deep concern also at the growing threat to the safety of journalists posed by non-State actors, including terrorist groups and criminal organizations,
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,
Acknowledging also the particular vulnerability of journalists to becoming targets of unlawful or arbitrary surveillance or interception of communications in violation of their rights to privacy and to freedom of expression,
1.Condemns unequivocally all attacks and violence against journalists and media workers, such as torture, extrajudicial killings, enforced disappearances, arbitrary arrest and arbitrary detention, as well as intimidation and harassment in both conflict and non-conflict situations;
2.Strongly condemns the prevailing impunity for attacks and violence against journalists, and expresses grave concern that the vast majority of these crimes go unpunished, which in turn contributes to the recurrence of these crimes;
3.Urges the immediate release of journalists and media workers who have been taken as hostages or who have become victims of enforced disappearances;
4.Encourages States to take the opportunity of the proclamation of 2 November as the International Day to End Impunity for Crimes against Journalists to raise awareness regarding the issue of the safety of journalists and to launch concrete initiatives in this regard;
5.Requests the United Nations Educational, Scientific and Cultural Organization, in consultation with relevant entities of the United Nations system, and mindful of the provisions of the annex to Economic and Social Council resolution 1980/67 of 25 July 1980, to continue facilitating the implementation of the International Day in collaboration with Governments and relevant stakeholders;
6.Urges Member States to do their utmost to prevent violence, threats and attacks against journalists and media workers, to ensure accountability through the conduct of impartial, speedy, thorough, independent and effective investigations into all alleged violence, threats and attacks against journalists and media workers falling within their jurisdiction, to bring perpetrators, including those who command, conspire to commit, aid and abet or cover up such crimes to justice, and to ensure that victims and their families have access to appropriate remedies;
7.Calls upon States to create and maintain, in law and in practice, 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 and among law enforcement officers and military personnel, as well as among journalists and in 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 and systematically condemning violence and attacks; and (e) dedicating the resources necessary to investigate and prosecute such attacks and to develop and implement strategies for combating impunity for attacks and violence against journalists, including by using, where appropriate, good practices such as those identified in Human Rights Council resolution 27/5 of 25September 2014;
8.Stresses the need to ensure better cooperation and coordination at the international level, including through technical assistance and capacity-building, with regard to ensuring the safety of journalists, including with regional organizations;
9.Calls upon States to cooperate with relevant United Nations entities, in particular the United Nations Educational, Scientific and Cultural Organization, as well as international and regional human rights mechanisms and to share information on a voluntary basis on the status of investigations into attacks and violence against journalists;
10.Invites the relevant agencies, organizations, funds and programmes of the United Nations system to actively exchange information, including through already identified focal points, about the implementation of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, in cooperation with Member States and under the overall coordination of the United Nations Educational, Scientific and Cultural Organization;
11.Requests the Secretary-General to report to the General Assembly at its seventieth session and to the Human Rights Council at its thirtieth session on the implementation of the present resolution.
1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 Resolution 61/177, annex.
4 United Nations, Treaty Series, vol. 75, Nos. 970-973.
5 Ibid., vol. 1125, Nos. 17512 and 17513.
6 A/69/268.
7
Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 53A(A/67/53/Add.1), chap. III.
8 Ibid.,
Sixty-ninth Session, Supplement No. 53A(A/69/53/Add.1), chap. IV.
9 Ibid.,Sixty-seventh Session, Supplement No. 53(A/67/53).
10 A/HRC/27/35.
11 Available at www.unesco.org.
12 A/HRC/20/17.
13 A/HRC/20/22and Corr.1.
14 A/HRC/24/23.
25.09.2014. HUMAN RIGHTS COUNCIL. Resolution on safety of journalists adopted without vote A/HRC/27/L.7
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 12 August 1949 and the Additional Protocols thereto of 8 June 1977,
Recalling General Assembly resolution 68/163 of 18 December 2013 on the safety of journalists and the issue of impunity, as well as Security Council resolution 1738 (2006) of 23 December 2006 on the protection of civilians in armed conflict,
Recalling also Human Rights Council resolution 21/12 of 27 September 2012 on the safety of journalists, Council decision 24/116 of 26 September 2013 on a panel discussion on the safety of journalists, and all other relevant resolutions of the Commission on Human Rights and the Council, in particular Council resolution 12/16 of 2 October 2009 and all other resolutions on the right to freedom of opinion and expression, Council resolution 13/24 of 26 March 2010 on the protection of journalists in situations of armed conflict, and Council resolution 26/13 of 26 June 2014, on the promotion, protection and enjoyment of human rights on the Internet,
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,
Recalling all relevant reports of the special procedures of the Human Rights Council with regard to the safety of journalists, in particular the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on extrajudicial, summary or arbitrary executions, presented to the Council at its twentieth session,[1] and the interactive dialogue thereon,
Taking note with appreciation of the report of the Office of the United Nations High Commissioner for Human Rights on good practices on the safety of journalists, submitted to the Human Rights Council at its twenty-fourth session,[2]
Welcoming the panel discussion of the Human Rights Council on the issue of the safety of journalists, held on 11 June 2014, and taking note with appreciation of the summary report of the Office of the High Commissioner thereon, submitted to the Human Rights Council at its twenty-seventh session,[3]
Welcoming the important work of the United Nations Educational, Scientific and Cultural Organization for the safety of journalists,
Noting with appreciation the international conference on the safety of journalists, held in Warsaw on 23 and 24 April 2013, and its specific recommendations,
Recognizing that the work of journalists often puts them at specific risk of intimidation, harassment and violence,
Deeply concerned by all human rights violations and abuses committed in relation to the safety of journalists, including through killing, torture, enforced disappearance, arbitrary detention, expulsion, intimidation, harassment, threats and acts of other forms of violence,
Expressing serious concern at the recent attacks and violence against journalists and media workers, in particular in situations of armed conflict, and recalling in this regard that journalists and media workers engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be protected as such, provided that they take no action adversely affecting their status as civilians,
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,
Acknowledging also the particular vulnerability of journalists to becoming targets of unlawful or arbitrary surveillance and/or interception of communications in violation of their rights to privacy and to freedom of expression,
Bearing in mind that impunity for attacks and violence against journalists constitutes one of the main challenges to strengthening the protection of journalists, and emphasizing that ensuring accountability for crimes committed against journalists is a key element in preventing future attacks,
1.
Condemns unequivocally all attacks and violence against journalists and media workers, such as torture, extrajudicial killings, enforced disappearances and arbitrary detention, and intimidation and harassment in both conflict and non-conflict situations;
2.
Strongly condemns the prevailing impunity for attacks and violence against journalists, and expresses grave concern that the vast majority of these crimes go unpunished, which in turn contributes to the recurrence of these crimes;
3.
Urges States to promote a safe and enabling environment for journalists to perform their work independently and without undue interference, to prevent attacks and violence against journalists and media workers, to ensure accountability through the conduct of impartial, speedy, thorough, independent and effective investigations into all alleged violence against journalists and media workers falling within their jurisdiction, to bring perpetrators including, inter alia, those who command, conspire to commit, aid and abet or cover up such crimes to justice, and to ensure that victims and their families have access to appropriate remedies;
4. Takes 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;
5.
Calls upon States to develop and implement strategies for combating impunity for attacks and violence against journalists, including by using, where appropriate, good practices such as those identified during the panel discussion held on 11 June 2014 and/or compiled in the report of the Office of the United Nations High Commissioner for Human Rights on good practice on the safety of journalists, inter alia:
(a) The creation of special investigative units or independent commissions;
(b) The appointment of a specialized prosecutor;
(c) The adoption of specific protocols and methods of investigation and prosecution;
(d) The training of prosecutors and judiciary regarding the safety of journalists;
(e) The establishment of information-gathering mechanisms, such as databases, to permit the gathering of verified information about threats and attacks against journalists;
(f) The establishment of an early warning and rapid response mechanism to give journalists, when threatened, immediate access to the authorities and protective measures;
6.
Emphasizes
the important role that media organizations can play in providing adequate safety, risk awareness, digital security and self-protection training and guidance to employees, along with protective equipment, where necessary;
7.
Welcomes the proclamation by the General Assembly, in its resolution 68/163, of 2 November as the International Day to End Impunity for Crimes against Journalists;
8.
Stresses the need to ensure better cooperation and coordination at the international level, including through technical assistance and capacity-building, 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, and to this end also calls upon States to cooperate with relevant United Nations entities, in particular the United Nations Educational, Scientific and Cultural Organization, as well as international and regional human rights mechanisms, and to share information on a voluntary basis on the status of investigations into attacks and violence against journalists;
9.
Acknowledges the importance of addressing the issue of the safety of journalists through the process of the universal periodic review;
10. Encourages national, subregional, regional and international human rights mechanisms and bodies, including the relevant special procedures of the Human Rights Council, treaty bodies and national human rights institutions, in the framework of their mandates, to continue to address the relevant aspects of the safety of journalists in their work;
11. Decides to continue its consideration of the safety of journalists in accordance with its programme of work, no later than at its thirty-third session.
[1] A/HRC/20/17 and A/HRC/20/22. [2] A/HRC/24/23. [3] A/HRC/27/35.