A/HRC/39/23
immediate release of all persons arbitrarily detained, including journalists. 42 It expressed
continued concern at the arrest of journalists in Belarus in March 2017 and infringements
on freedom of expression. 43 It expressed concern about the harassment of, and attacks
against, journalists and human rights defenders in Yemen. 44 It encouraged the Democratic
Republic of the Congo to provide greater protection during elections for, inter alia,
journalists.45
20.
Applying international human rights law, the Council addressed the conditions
necessary to protect journalists. In resolution 35/25, it recognized the importance of
creating a safe and enabling environment and protecting journalists, whistle-blowers,
witnesses and anti-corruption activists from threats arising from their activities in
preventing and fighting against corruption. In resolution 33/2 (para. 13), it emphasized that
encryption and anonymity tools had become vital for many journalists to work freely and
enjoy their human rights and called on States not to interfere with the use of such
technologies. In resolution 34/7 (para. 9), it encouraged business enterprises to work
towards enabling technical solutions to secure and protect the confidentiality of digital
communications, including measures for encryption and anonymity. It called upon States
not to interfere with the use of such solutions, with any restrictions complying with States’
obligations under international human rights law (see paragraph 9 of the resolution). It
recognized that technical solutions, including encryption and anonymity, to secure and
protect the confidentiality of digital communications could be important to ensure the
enjoyment of the rights to privacy, freedom of expression and freedom of peaceful
assembly and association.
21.
The General Assembly of the Organization of American States adopted, in June
2017, resolution 2908 (XLVII-O/17), in which it reaffirmed that journalism must be
practised free from threats, physical or psychological aggression, or other acts of
intimidation, urged member States to implement strategies to end impunity for crimes
against journalists and share good practices and recommended that the Inter-American
Commission on Human Rights and its Special Rapporteur for freedom of expression
continue with their activities concerning the safety of journalists.
22.
Various European institutions have addressed the safety of journalists in
recommendations and resolutions. In 2016, the Committee of Ministers of the Council of
Europe adopted recommendation CM/Rec(2016)4 on the protection of journalism and
safety of journalists and other media actors. 46 The Committee recommended that States
implemented the Guidelines set out in the appendix to the recommendation, and review and
revise relevant national laws and practice to ensure their conformity with States’
obligations under the Convention for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights). The Guidelines consist of four pillars
(prevention, protection, prosecution and promotion of information, education and
awareness-raising) and provide guidance on how States should fulfil their obligations. 47 In
2017, the Parliamentary Assembly of the Council of Europe adopted resolution 2141
(2017),48 in which it called on States to fully investigate the violent deaths of a number of
journalists, and called on Azerbaijan, Hungary, Russian Federation and Turkey to address
specific concerns regarding the situation of journalists. 49 The European Parliament passed a
non-legislative resolution in April 2018 calling on States to ensure the personal safety and
livelihoods of, inter alia, investigative journalists.50
42
43
44
45
46
47
48
49
50
See resolution 35/26, para. 20, and resolution 36/20, para. 20.
See resolution 35/27, para. 2.
See resolution 36/31, preambular paragraph.
See resolution 36/30, para. 20.
See https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016806415d9.
Ibid., para. 7 and appendix.
See http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=23400&lang=en.
Ibid., paras. 7–8, 11 and 13.
See www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-20180183, para. 8.
7
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