A/HRC/11/4
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results in the restriction of their movement and of their access to reliable and objective sources of
information, the increasing use of embedded journalists and the insecurity that exists regarding
their status of protection.
46. In 2008, the Special Rapporteur received reports that lawyers investigating the killing of
Radio Okapi journalist Serge Mahese, were subjected to ongoing threats and harassment.
Serge Mahese was shot dead in Bukavu in the Democratic Republic of the Congo on
13 June 2007. He was a respected journalist with Radio Okapi, a national radio station sponsored
jointly by the Swiss Hirondelle Foundation and the United Nations Organization Mission in the
Democratic Republic of the Congo (MONUC).
47. The main provisions protecting journalists and other media professionals in situations of
armed conflict come from humanitarian law, in particular from special measures contained in
article 79 of Protocol I to the Geneva Conventions of 12 August 1949, relating to the protection
of victims of international armed conflicts. This article establishes that “journalists engaged in
dangerous professional missions in areas of armed conflict shall be considered as civilians” and
“shall be protected as such under the Conventions and this Protocol, provided that they take no
action adversely affecting their status as civilians”. The civilian status of journalists transcends
any type of contractual arrangement that the journalist may have; equal protection is granted to
freelance, independent or to journalists belonging to any media.
48. The Security Council passed resolution 1738 (2006) to express its deep concern “at the
frequency of acts of violence in many parts of the world against journalists, media professionals
and associated personnel in armed conflict”, and it condemned intentional attacks against this
group. The Security Council also underlined the obligation under humanitarian law to grant
civilian status to journalists during armed conflicts, as established by the Geneva Conventions.
49. The Special Rapporteur supports this Security Council resolution, adopted on the joint
initiative of Greece and France, and would encourage States to give renewed attention to the fact
that the media, its personnel and its equipment as long as they are not making an effective
contribution to military action cannot be considered a legitimate target and attacks against them
are illegal under international humanitarian law.
50. Journalists and media professionals are not only at risk during times of conflict, but many
are targeted during public crises and states of emergency. In such cases, journalists are often
victims of abuse and harassment by the security forces, and are subjected to arrests and
detention. Throughout 2008, the Special Rapporteur has received reports of such human rights
violations against journalists, particularly those covering public demonstrations opposing
government policies.
D. Implementing the right of access to information
in situations of extreme poverty
51. Extreme poverty, often described as multidimensional and not limited to income, but also
touching livelihood, health, education and housing as well as social, cultural and political
participation, affects millions of people worldwide. This multidimensional approach to poverty is
paralleled by an integrated understanding of human rights, in which civil and political rights are
indivisible from social, economic and cultural rights.
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