A/HRC/20/22
threats. The Belgrade Declaration on Support to Media in Violent Conflict and Countries in
Transition42 and the Medellín Declaration on Securing the Safety of Journalists and
Combating Impunity43 inform the direction followed by UNESCO. The Organization was
instrumental during 2011 in gaining agreement among various United Nations actors on a
draft United Nations plan of action on the safety of journalists and the issue of impunity.44
56.
At its 26th session, in 2008, the Intergovernmental Council of the International
Programme for the Development of Communication (IPDC) adopted its first Decision on
the Safety of Journalists and the Issue of Impunity, in which member States were urged ―to
inform the Director-General of UNESCO, on a voluntary basis, of the actions taken to
prevent the impunity of the perpetrators and to notify him of the status of the judicial
inquiries conducted on each of the killings condemned by UNESCO‖.45 There does not,
however, appear to be much civil society engagement with this process. World Press
Freedom Day proclaimed by the General Assembly at the initiative of UNESCO, provides a
useful rallying point to emphasize the right to life of journalists.
(b)
Regional level
57.
Under all three established regional human rights systems, individual cases may be
brought to a regional court concerning the rights protected in those systems, which include
the right to life and physical integrity. This means, on the accountability front, that cases
may be brought against State parties when there is a failure to respect or to protect the life
of a journalist, or when there is impunity when a journalist has been killed. The decisions of
these courts are legally binding.
58.
A number of decisions concerning the right to life of journalists have been handed
down by the European Court of Human Rights.46 In Dink v. Turkey, the Court held that
abandoning a charge against policemen for negligence in protecting journalist Hrant Dink
was a failure by the State to protect the journalist.47 In October 2011, the Commissioner for
Human Rights of the Council of Europe published a helpful report entitled ―Protection of
journalists from violence‖.48
59.
The Parliamentary Assembly of the Council of Europe has adopted various
resolutions and recommendations on the issue.49 The Council and its structures have, in a
variety of ways, endorsed the right of journalists not to disclose their sources, except under
42
43
44
45
46
47
48
49
12
Adopted by the participants at the UNESCO conference on press freedom, safety of journalists and
impunity in 2007. Available from www.unesco.org/new/en/communication-and-information/flagshipproject-activities/world-press-freedom-day/previouscelebrations/worldpressfreedomday2009000/medellin-declaration/.
Adopted by the participants at the UNESCO conference on support to media in violent conflict and
countries in transition in 2004. Available from www.unesco.org/new/en/communication-andinformation/flagship-project-activities/world-press-freedom-day/previouscelebrations/worldpressfreedomday2009000000/belgrade-declaration/.
See paras. 1.10, 1.11 and 1.18 of the final draft, available from www.unesco.org/new/fileadmin/
MULTIMEDIA/HQ/CI/CI/pdf/IPDC/ipdc28_un_action_plan_safety.pdf.
See http://unesdoc.unesco.org/images/0018/001874/187491e.pdf.
See, for example, Gongadze v. Ukraine, Application No. 4451/70, Judgement of 22 March 2005. See
also Kiliç v. Turkey, Application No. 22492/93, Judgement of 28 March 2000.
Dink v. Turkey, Application Nos. 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09, 14 September
2010, paras. 76-80.
See https://wcd.coe.int/ViewDoc.jsp?id=1899957.
See, for example, resolutions 1438 (2005) and 1535 (2007) and recommendation 1897 (2010).
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