A/HRC/11/4
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58. Given that this is his first report, the Special Rapporteur has focused on two areas
only which he deems as priority for the mandate. Future reports will aim to further
develop thematic issues related to the fundamental right of freedom of opinion and
expression. As such, the Special Rapporteur will be in a position to present more detailed
recommendations based on the activities and trends which he will identify during his first
year as mandate-holder.
A. Access to information in situations of extreme poverty
59. Rights to information and freedom of expression should be encouraged at all levels.
The Special Rapporteur urges Governments to deregulate the communications and media
environment to allow free and fair information to flow more effectively to civil society.
Support for enhancing such flows and targeted interventions that support the most
vulnerable and marginalized groups within society at large should be given priority.
60. The Special Rapporteur further encourages States to uphold the rights to freedom of
expression and access to information stipulated within article 19 of the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Public access to information can be systematically denied by Governments and, similarly,
Governments can place restrictions on free speech and freedom of expression via
legislation and activities that deny rights of political and cultural association. Openness of
government and the free flow of information are enshrined within the principle of
“maximum disclosure” through which Governments and public institutions become more
answerable to the general public. A civil society that is empowered with open information
is better placed to advocate for more impartial and transparent service delivery and has a
greater sense of participation and ownership in decision-making processes.
61. Governments may be poorly placed to systematically disseminate information to the
public or may not be inclined towards such transparency because of high levels of
corruption. The Special Rapporteur recommends that in such cases support for the media
during times of conflict and deregulation of the communications and media environment
be seen as mechanisms for increasing the plurality and diversity of information flows in
poor and conflict-prone countries.
62. The Special Rapporteur encourages Governments to strengthen public broadcasting
and to introduce anti-monopoly legislation in order to achieve a diverse broadcasting
system which is accessible to all. Policies should promote freedom of expression and public
participation.
63. Community-based broadcasting provides an alternative social and economic model
for media development that can broaden access to information, voice and opinion. People
faced with economic exclusion also face systemic obstacles to freedom of expression that
are associated with the conditions of poverty, including low levels of education and literacy,
poor infrastructure, lack of access to electricity and general communications services. The
Special Rapporteur recommends that Governments consider community broadcasting as a
vital tool for the voiceless, which would enable them to exercise their right to freedom of
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