A/HRC/11/4
page 5
5.
The Special Rapporteur will continue to pursue the provisions outlined in the resolution in
addition to the International Covenant on Civil and Political Rights and other relevant
international and regional instruments, which continue to provide the legal framework for the
mandate.
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
A. Analysis of information, communications and trends
6.
For the effective implementation of his mandate, the Special Rapporteur focuses on
information received from a variety of sources, including Governments; local, national, regional
or international governmental and non-governmental organizations; associations of media
professionals and writers; and trade unions. The communications received from various sources
are a means to identify trends, reiterate issues already discussed in previous reports and bring to
the attention of the international community a number of policies, practices and measures having
an impact on the respect for freedom of opinion and expression.
7.
Information received is a significant indicator of the degree of implementation of the right
to freedom of opinion and expression in a given country. The Special Rapporteur may also
decide to take initiative motu proprio on issues of general concern that he considers relevant to
his mandate.
8.
The majority of cases received by the Special Rapporteur concern threats, aggressions,
harassment, murder or other sorts of attacks on the physical and psychological integrity of
journalists, students, human rights defenders and unionists in retaliation for the exercise of their
right to freedom of opinion and expression. In many cases, these attacks are linked to the
repression of peaceful protests conducted to express disagreement with a particular governmental
policy, at the national or local level, or with the actions of large corporations. While the extent of
the repression, its duress and length may substantially vary, allegations received are not confined
to countries where the political, social and economic situation is particularly difficult, but also
concern violations occurring in transitional or long-established democracies.
9.
Analysis of communications also shows a large number of cases of prosecution or
imprisonment of individuals including media professionals on charges of defamation, libel and
slander, despite the decriminalization of these offences by some countries. Another important
trend in many regions has been the adoption of legislation that unduly limits freedom of
expression by fostering State interference in editorial independence; by creating subjective
licensing procedures that are used to close media outlets; by restricting the ability of journalists,
particularly foreign correspondents, to perform their work freely; and by imposing severe
limitations on the operation, including funding, of civil society organizations.
10. From 5 December 2007 to 31 December 2008, 433 communications were sent on behalf of
the Special Rapporteur, 365 of which were signed jointly with other special-procedures
mandate-holders. The geographical division of the communications was as follows: 30 per cent
in Asia and the Pacific; 20 per cent in Africa; 20 per cent in Latin America and the
Caribbean; 17 per cent in the Middle East and North Africa; and 13 per cent in Europe,
North America and Central Asia.
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