Transcript Please, click to - The Nigerian Press Council

Framework for the protection of the right to
life and safety of journalists
Oluseyi Soremekun
National Programme Officer
Communication & Information
UNESCO, Abuja Office
May 02, 2013.
Adapted from ‘Safety of Journalists Research Pack’, Centre of Governance and Human Rights (CGHR),
University of Cambridge.
Outline
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Defining a journalist
International Framework for protection
Regional framework for protection
National legal framework for protection
Who is a ‘journalist’?
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It’s important to define the term ‘journalist’ to be able to determine the applicable
legal framework and States’ obligations towards journalists.
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New forms of electronic media make mass communication available to
nonprofessionals, the understanding of what is meant by ‘journalism’ has
expanded to include citizen reporters as well as more traditional print publishers
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Definitions
Recommendation 4 of 3 May 1996 of the Committee of Ministers of the Council of
Europe used the term journalist to cover: “all representatives of the media,
namely all those engaged in the collection, processing and dissemination of news
and information including cameramen and photographers, as well as support
staff such as drivers and interpreters”.
Who is a ‘journalist’?
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Human Rights Committee 2011 General Comment No. 34 on article 19, paragraph
44 defines journalism as “a function shared by a wide range of actors, including
professional full time reporters and analysts, as well as bloggers and others who
engage in forms of self-publication in print, on the internet or elsewhere”.
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The 2010 Annual Report of the Special Rapporteur on the right to freedom of
expression (11 August 2010, A/65/284) defined journalists as “individuals who are
dedicated to investigating, analysing and disseminating information, in a regular
and specialised manner, through any type of written media, broadcast media,
(television or radio) or electronic media. With the advent of new forms of
communication, journalism has extended into new areas, including citizen
journalism.”
International Human Rights Law(IHRL)
At the international level
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Rights that concern protection of right to
life of journalists: right to personal liberty
and integrity, freedom from torture,
freedom of expression, right to an
effective remedy.
International human rights law
instruments guarantee all these rights and
impose obligations on states to uphold
these
Cases of violence against journalists
range from harassment, hindrance to
perform their professional roles, physical
and verbal assaults to deprivation of their
right to life.
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No specific international legal
instrument that deals exclusively
with protecting the personal
security of journalists
Nonetheless, provisions protecting
the right to life, personal liberty
and integrity, freedom from
torture, freedom of expression, and
the right to an effective remedy
(already in international human
rights law instruments) provide
journalists with the necessary
guarantees against violations of
their rights and risks to their safety.
IHRL Contd.:The Universal Declaration of Human Rights (UDHR)
and The International Covenant on Civil & Political Rights
(ICCPR)
• The UDHR secures the “right to
life, liberty and security of
person” (Article 3), the right not
to be subjected to “torture or to
cruel, inhuman or degrading
treatment or punishment”
(Article 5) or arbitrary arrest
(Article 9), and the right to an
effective remedy for violations of
one’s rights (Article 8).
The International Covenant on Civil &
Political Rights (ICCPR)
• The ICCPR gives the right to effective
remedy (Article 3), the right to life (Article
6), prohibition of torture or to cruel,
inhuman or degrading treatment or
punishment (Article 7), right to liberty and
security of the person (Article 9), and
freedom of expression (Article 19).
IHRL Contd.: At the Regional Level
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In fulfilling their obligations to refrain from deliberately interfering with the
right to life of journalists, States are entitled to respect their obligations under
the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the International Convention for the Protection
of All Persons from Enforced Disappearance.
The African Charter on Human and People’s Rights guarantees individuals
against arbitrary deprivation of the right to life (Article 4), establishes an
absolute prohibition of torture and other inhuman or degrading treatment
(Article 5), guarantees the right to liberty and security of the person (Article 6),
and freedom of expression (Article 9).
Other regional instruments include, The European Convention on Human Rights;
The American Convention of Human Rights; and The Arab Charter on Human
Rights
• The international legal framework seems comprehensive in scope.
National Legal Framework (The
Nigerian Constitution)
• The 1999 Constitution of the Federal Republic of Nigeria
provides some protections:
• Chapter II (Fundamental objectives and directive principles of
state policy), section 14 (2b) declares that the security and
welfare of the people shall be the primary purpose of the
government
• Section 17 (2b) stipulates that the sanctity of the human person
shall be recognised and human dignity shall be maintained and
enhanced
• Section 17 (3c) stipulates that the health, safety and welfare of
all persons in employment are safeguarded and not endangered
or abused
National Legal Framework (The
Nigerian Constitution) contd.
• Chapter IV (Fundamental Rights) of the Nigerian constitution
seems comprehensive:
• Section 33 (1) says every person has a right to life, and no one
shall be deprived intentionally of his life...
• Section 34 (1) stipulates that every individual is entitled to
respect for the dignity of his person, and accordingly (a) no
person shall be subject to torture or to inhuman or degrading
treatment...
• Section 35 (1) says that every person shall be entitled to his
personal liberty and no one shall be deprived of
such liberty
National Legal Framework (The
Nigerian Constitution) contd.
• Specifically, section 38 (1) of the same constitution provides
‘that every person shall be entitled to freedom of expression
including freedom to hold opinion and to receive and impart
ideas and information without interference.’
• Section 22 stipulates that the press, radio, television and other
agencies of the mass media shall at all times be free to uphold
the fundamental objectives contained in this chapter and uphold
the responsibility and accountability of the government to the
people. Attempts by journalists to work within the framework of
this provision sometimes led to their attacks.
• Nigeria has a comprehensive legal framework that protects
journalists and guarantees freedom of the press
National Legal Framework (The
Freedom of Information Act, 2011)
• FOI Act makes public records and information more freely available,
provide for public access to public records and information, protect public
records and information to the extent consistent with the public interest
and the protection of personal privacy, protect serving public officers from
adverse consequences for disclosing certain kinds of official information
without authorisation and established procedures for the achievement of
those purposes
• Section 1: Right of access to records
the right of any person to access or request information...which is in
the custody of any public official, agency...is established
No need to demonstrate specific interest in the information being
applied for
Right to institute proceedings in the Court to compel compliance
Conclusion
• Major obstacle facing the protection of the right to life of journalists is not
the insufficiency of the scope of existing rights but rather from
implementation or enforcement gaps.
• All journalists in principle benefit from the right to life, and the prohibition
against forced disappearance and torture. The right to life and freedom of
expression include positive duties such as the duty to investigate and
prosecute perpetrators after a journalist is killed.
• The nature of their profession itself makes journalists subject to
heightened risks and targeting more than others who exercise the right of
freedom of expression and opinion. This can suggest that journalists be
regarded as a vulnerable category of individuals
• The fundamental role played by journalists in the functioning of societies
which make them deserve special protection since violations to their
rights also entail violations of others’ rights to access knowledge.
Conclusion
• Implementation of existing laws remains difficult. According to a
Committee to Protect Journalists (CPJ) report, more than 94% of the
attacks on journalists are not investigated at all. (Iraq and Somalia rank
first and second).
• The society should see journalism as another profession in support of
good governance as entrenched in section 22 of the 1999 Constitution
• Agents of the state should see journalists as partners in the development
of the country
• Journalists should uphold the dignity of the profession always
• Journalists should uphold ethics and ethos of the profession always as a
failure to do so could lead to attacks and even death
THANK YOU