Freedom of Expression
Press Release 144/06
THE STATE OF FREEDOM OF EXPRESSION IN THE REGION
(APRIL- JUNE 2006)
Washington, D.C., July 7, 2006. As the April - June 2006 trimester has concluded, the Office of the Special Rapporteur for Freedom of Expression expresses its concern about the murders of three journalists, the more than 50 episodes of physical aggression against social communicators, the criminal proceedings taking place against journalists and the regressive legislative initiatives in the area of freedom of expression. Additionally, the Rapporteurship expresses concern about the occurrence of a number of other acts that are also aimed at silencing journalists and communications media that are critical of public officials and governments. These restrictions include: discriminatory allocation of official publicity, prior censorship, warnings by high-ranking officials, terminating journalists’ employment, acts of espionage against journalists, and discrimination in granting access to official acts.
In terms of positive developments, the Office of the Special Rapporteur notes the legislative advances taking place in Mexico in relation to the decriminalization of crimes against honor, and in Uruguay, with the Draft Law on Access to Public Information and Constitutional Review (Ley de Acceso a la Información Pública y Amparo Informativo), presented before Congress. The Rapporteurship also considers positive some advances made in criminal trials related to murders of journalists.
This trimestral report, which is based on the Office of the Special Rapporteur’s daily monitoring of the state of freedom of expression in the region, has the objective of highlighting in a timely manner the problems and the advances with respect to freedom of expression in the region and trying to encourage the adoption of corrective measures that could bring about fuller respect for the right to freedom of thought and expression. Based on the information received during the past trimester, which is detailed in the annex to this press release, the Rapporteurship observes the following:
Argentina
The Office of the Special Rapporteur notes that during this trimester there have been numerous acts of aggression and threats against journalists, mostly perpetrated by public officials. Moreover, the Rapporteurship is concerned by the information received on different means of indirectly restricting freedom of expression, which include: discriminatory allocation of official publicity, warnings by high-ranking officials against journalists and communications media, charges of spying on journalists’ e-mails, terminations of employment and restrictions on some media and journalists for the coverage of acts of high-ranking government officials.
Bolivia
The information received by the Rapporteurship includes various declarations by high-ranking government officials relating to the work of the press, which include naming the owners of a television network “government enemies.”
Brazil
The Rapporteurship notes that there were two episodes of censorship, ordered by the Judiciary through precautionary measures.
Canada
The Office of the Special Rapporteur highlights that the federal government prohibited coverage of the repatriation ceremony for the bodies of Canadian soldiers killed in Afghanistan. According to the government, this measure is meant to protect the interests of the victims’ families.
Chile
The information corresponding to the time period in question includes the confirmation of four journalists’ prison sentences and episodes of police aggression directed at journalists working on the streets. The Office of the Special Rapporteur deplores these acts of aggression and considers positive the government’s immediate order to investigate and punish those responsible.
Colombia
The information received indicates various episodes of aggression against journalists, including the violent apprehension and detention of various journalists who were covering an indigenous demonstration, and the confiscation and destruction of their equipment. On the other hand, the Rapporteurship deems as positive the advances made in the trials for the murders of two journalists, José Emeterio Rivas and Santiago Rodríguez Villalba.
Costa Rica
The Office of the Special Rapporteur considers that the Supreme Court’s upholding of Article 7 of the Law of the Press is incompatible with recent developments regarding the right to freedom of expression. Said article contemplates prison sentences for journalists found guilty of defamation crimes. Moreover, the Rapporteurship has sent a letter to the State suggesting that international standards on this matter should be taken into account with respect to a draft law presented in Congress on the requirement of truthful information.
Cuba
During the time period in question, the Office of the Special Rapporteur issued a press release requesting that Cuba release its more than 20 imprisoned journalists, and another press release recommending that the State repeal its restrictions on Internet access. The acts of aggression against journalists noted in the annexed table fit within the context of the only State in the region where freedom of expression does not exist.
Dominican Republic
The Rapporteurship received information regarding an attack against journalists perpetrated by members of a political party, in the country’s interior. Apparently, this episode was due to the latter being filmed by the victims while receiving checks as if they were public officials.
Guatemala
The Rapporteurship is following closely the situation of the community radio stations that were shut down.
Honduras
The Rapporteurship considers it worrisome that journalist Jesús Octavio Carvajal felt obligated to leave the country temporarily due to the attacks and threats directed against him. On a separate note, the Office of the Special Rapporteur restates that requiring membership in a professional association in order to practice journalism is incompatible with the right to freedom of expression.
Mexico
The Office of the Special Rapporteur calls attention to the numerous acts of aggression and threats committed during this trimester. On the other hand, the Rapporteurship notes the legislative advances occurring in the Federal District, which annul the crime of defamation and uphold the right of journalists to protect sources. The latter is also bolstered by recent modifications to the Federal Penal Code and the Federal Code of Penal Procedure. Moreover, the draft federal bill on the annulment of defamation as a crime was approved by the House of Representatives and is awaiting deliberation in the Senate.
Panama
The draft Penal Code presented by the Codifying Commission contains clauses that are incompatible with the right to freedom of expression. The Office of the Special Rapporteur has sent a letter to the Government of Panama regarding this issue.
Paraguay
The Rapporteurship expresses concern that journalist Enrique Galeano has been missing since February of 2006 and that some community radios have been shut down.
Peru
The Rapporteurship expresses grave concern relating to the number of acts of aggression recorded during this trimester against journalists and media outlets. Furthermore, the information received points to acts of prior censorship, job terminations and restrictions through administrative proceedings.
United States
The Rapporteurship considers as an act of prior censorship the decision of the Miami- Dade School Board to remove the book “Vamos a Cuba” from school libraries, and hopes that the legal actions taken in order to redress the situation will be successful.
Uruguay
It is of concern to the Rapporteurship that journalist Gustavo Escanlar was found guilty of criminal defamation. On the other hand, the Rapporteurship considers very positive the Draft Law on Access to Public Information and Constitutional Review (Anteproyecto de Ley de Acceso a la Información Pública y Amparo Informativo)presented to Congress. It was elaborated by renowned national and international experts.
Venezuela
The Office of the Special Rapporteur expresses its concern for the murder of two journalists, Jorge Aguirre and Jose Joaquín Tovar, and the high number of criminal proceedings against journalists. In addition, the Rapporteurship is worried about the prison sentences against reporter Mireya Zurita and journalist Henry Crespo, the order to demolish the headquarters of the newspaper Correo del Caroní, and the statements of high-level public officials on June 14, 2006, according to which the revision of concessions for television stations may have been ordered for reasons such as the editorial line of these channels. On the other hand, the Rapporteurship notes the dismissal of the claim against journalist Napoleón Bravo, although it has been appealed by the Public Prosecutor’s Office. Furthermore, the Rapporteurship deems as positive the message of the Vice President given on June 26, 2006, which announces that there will be no violation of freedom of expression in the country, no jailed reporters, no martial law utilized to try journalists, nor any newspaper shut-downs.
The Special Rapporteur considers that the acts which occurred this trimester in the region reveal a diverse set of problems surrounding the right to freedom of expression which deserves a diligent search for the necessary corrections, through the active participation of all the involved sectors of society.
The Special Rapporteur for Freedom of Expression, Ignacio J. Álvarez, stated that the analysis of the incidents which occurred this trimester reveals that alongside direct violations to the right to freedom of expression in the region “persist more subtle uses of public power with the same objective of silencing the press.”
In the months to come, the Rapporteurship will publish a manual on utilizing the inter-American human rights system for the promotion and defense of the right to freedom of thought and expression. The Rapporteurship will also organize seminars on the subject in various countries of the region.
The sources taken into account for the development of this press release can be found at the end of the annexed table. The States, along with NGOs, journalists, media and other individuals and organizations can send information to the Office of the Special Rapporteur for Freedom of Expression at the following email address cidh-expresion@oas.org. The next trimestral press release will cover the period of July - September 2006.
For more information on the Office of the Special Rapporteur: http://www.cidh.org/relatoria