A/HRC/20/22
African Commission on Human and Peoples‘ Rights. 28 Impunity, in other words, in itself
can also constitute a violation of the right to life.29
45.
Binding treaties and customary law, as well as ―soft law‖ instruments, such as
declarations and significant public positions taken by office bearers of intergovernmental
organizations (IGOs), will now be considered in an overview of the relevant stakeholders.
(a)
United Nations level
46.
The Secretary-General has on various occasions condemned the killing of
journalists.30
47.
In resolutions adopted at its special sessions, the Human Rights Council has
condemned the killing of journalists. 31 The targeting of journalists in a number of countries,
including Somalia, Colombia, Mexico, Honduras and the Philippines, has been addressed
under the universal periodic review mechanism.32
48.
Different special procedures have also dealt with the safety of journalists. The topic
is central to the mandate of the Special Rapporteur on the right to freedom of opinion and
expression, and he has submitted a comprehensive report to the General Assembly on the
topic (A/65/284, in particular para. 20 ff).33 The Special Rapporteur on the situation of
human rights defenders devoted a section of her 2012 annual report to the Human Rights
Council on the action taken by her mandate regarding journalists as human rights defenders
(A/HRC/19/55, paras. 29-59).
49.
Special procedures have the ability to move fast, have the mandate to cover all
countries (not only those that have ratified particular human rights treaties) and do not
require the exhaustion of domestic remedies. They often send letters of allegation to States
where journalists have been killed, in order to ensure accountability. Of particular
importance to the issue of prevention, however, is the fact that they also have the power to
send urgent appeals to States where journalists and others are under threat, to urge those
States to protect the person in question. It is an important access point that should be used
more often. It should be noted that the special procedures may not act merely on the basis
of newspaper reports, but have to be approached by an individual, group, non-governmental
organization, intergovernmental agency or Government, who must provide information
28
29
30
31
32
33
10
Inter-American Court of Human Rights, Mack Chang v. Guatemala, Judgement of 25 November
2003;
íguez v. Honduras (see note 23 above); and African Commission on Human and
People‘s Rights, communication No. 87/93, The Constitutional Rights Project v. Nigeria (1995), para.
14.
Human Rights Committee general comment No. 31 (2004) on the nature of the general legal
obligation imposed on States parties to the Covenant, para. 18.
See, among others, S/2007/643, paras. 29-30; S/2009/277, para. 19; S/2010/579, para. 16; A/56/681–
S/2001/1157, para. 34; A/61/326–S/2006/727, para. 44; A/62/345–S/2007/555, para. 53; see also
A/63/372–S/2008/617, para. 50.
Resolutions 12/16, para. 3; S-15/1, para. 3; S-16/1, paras. 1-2; S-17/1, para. 5; and S-18/1, para. 2 (a).
See the respective annual reports of the Human Rights Council: A/HRC/18/2 (advance unedited
version), paras. 319 and 321 (Somalia); A/HRC/10/29, paras. 651 and 662 (Colombia);
A/HRC/11/37, paras. 609 and 616 (Mexico); A/HRC/16/2, paras. 525-526 (Honduras); A/HRC/8/52,
paras. 473-474 (Philippines).
See also previous annual reports: E/CN.4/2003/67, paras. 32, 59 and 70-71; E/CN.4/2005/64 and
Corr.1, paras. 53-54 and 56; E.CN.4/2006/55, paras. 59-61, and mission reports: for example, Mexico
(A/HRC/17/27/Add.3); Colombia (E/CN.4/2005/64/Add.3), para. 94; and Côte d‘Ivoire,
(E/CN.4/2005/64/Add.2), paras. 48-49.
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