A/HRC/11/4
page 4
I. THE MANDATE
1.
The Human Rights Council reviewed the mandate of the Special Rapporteur on the right to
freedom of opinion and expression at its seventh session in March 2008. As a result, the mandate
was extended for a further three years by virtue of resolution 7/36, in paragraphs 3 and 4 of
which the Council outlined the terms of reference of the Special Rapporteur, who is mandated:
(a) To gather all relevant information, wherever it may occur, relating to violations of
the right to freedom of opinion and expression, discrimination against, threats or use of violence,
harassment, persecution or intimidation directed at persons seeking to exercise or to promote the
exercise of the right to freedom of opinion and expression, including, as a matter of high priority,
against journalists or other professionals in the field of information;
(b) To seek, receive and respond to credible and reliable information from Governments,
non-governmental organizations and any other parties who have knowledge of these cases;
(c) To make recommendations and provide suggestions on ways and means to better
promote and protect the right to freedom of opinion and expression in all its manifestations;
(d) To contribute to the provision of technical assistance or advisory services by the
Office of the United Nations High Commissioner for Human Rights to better promote and
protect the right to freedom of opinion and expression.
2.
The Council, through this resolution, recognizes that the exercise of the right to freedom of
opinion and expression is one of the essential foundations of a democratic society, and in
paragraph 5 it calls upon all Governments “to cooperate with and assist the Special Rapporteur in
the performance of his tasks, to provide all information to respond to communications
transmitted by the mandate-holder without undue delay and calls upon Governments to seriously
consider responding favourably to the requests of the Special Rapporteur to visit their countries
in a spirit of constructive dialogue”.
3.
The Special Rapporteur notes with appreciation the request in resolution 7/36 to continue
to provide his views, when appropriate, on the advantages and challenges of new information
and communication technologies, particularly the reference in paragraph 4 (f) to the right to
access to the information society for all. The Special Rapporteur considers access to information
as one of the priority issues for the mandate and as such wishes to focus part of this report on
access to information in situations of extreme poverty.
4.
In paragraph 4 (d) of resolution 7/36, the Council further requests that the
Special Rapporteur report “on instances in which the abuse of the right of freedom of expression
constitutes an act of racial or religious discrimination, taking into account articles 19,
paragraphs 3 and 20 of the International Covenant on Civil and Political Rights, and general
comment No. 15 of the Committee on the Elimination of All Forms of Racial Discrimination,
which stipulates that the prohibition of the dissemination of all ideas based upon racial
superiority or hatred is compatible with the freedom of opinion and expression”.
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