AMERICAS: Review of Inter-American human rights system must not restrict role of Special Rapporteur

Summary: The article critiques three recommendations made to strengthen the IACHR, but which could in fact restrict the role and resources of the Office of the Special Rapporteur for Freedom of Expression.

[13 January 2012] - On 25 January 2012, the Organization of American States Permanent Council will discuss a number of recommendations supposedly aimed at strengthening the Inter-American Human Rights System. Three recommendations could restrict the role and resources of the Office of the Special Rapporteur for Freedom of Expression, a key mandate for the promotion and defence of free speech in the Americas. ARTICLE 19 is extremely concerned about this proposal and calls on the member States and other stakeholders to support and strengthen, rather than restrict, the mandate of the Special Rapporteur, its current structure, and its responsibilities.

In June 2011, the Organization of American States (OAS) Permanent Council approved the creation of a Working Group to discuss measures to strengthen the Inter-American system for the protection of human rights. On 13 December 2011, the Working Group adopted a Final Report with a number of recommendations that was submitted to the Permanent Council of the OAS. These recommendations include a proposal to abandon the annual report of the Special Rapporteur on Freedom of Expression and incorporate all Rapporteurs’ reports under a single chapter of the Inter-American Commission on Human Right’s (IACHR) annual report. The report also recommends the adoption of a “code of conduct” for the management of IACHR Rapporteurs, and the proposal to: “assign adequate, sufficient, and balanced resources to all its Rapporteurs, working groups, and units, as well as an efficient and transparent management of those resources.”

ARTICLE 19 is profoundly concerned that these recommendations may have the effect of weakening the mandate of the Special Rapporteur for Freedom of Expression. The OAS Office of the Special Rapporteur was created in 1997 to stimulate awareness of the importance of the full observance of freedom of expression and information in the Americas, given the fundamental role it plays in the consolidation and advancement of the democratic system. ARTICLE 19 considers that the mandate, together with its counterparts at the UN, OSCE and AU, has been playing a crucial role in advancing a freedom of expression agenda and opposing situations that may restrict freedom of expression in the region and around the globe. 

Over the years, specialised annual reports about the situation of freedom of expression in the Americas of the Special Rapporteur have been a crucial tool evaluating the state of compliance of different states with their international human rights obligations in this area. The reports have helped the OAS in holding its member states to their regional obligations and assisting them in necessary reforms. ARTICLE 19 believes that the importance of such dedicated reports cannot be disregarded. Replacing the annual reports on freedom of expression with consolidated report of the IACHR on all human rights issues will, hence, deprive the OAS of important and independent assessment of the situation in the region and might lead to lesser attention to serious human rights violations.

ARTICLE 19 is also concerned that the proposal to adopt a “Code of Conduct” for special mandates might be abused to interfere with the independence of all special rapporteur mandates. Any such code of conduct must ensure that special rapporteurs, including the Special Rapporteur on Freedom of Expression are independent in carrying out their mandates. Such independence must include the freedom to comment upon the issues that are covered by their mandates without any control or limitation by member states. 

ARTICLE 19 supports the proposal that all special mandates, including the Office of the Special Rapporteur on Freedom of Expression should receive adequate and sufficient resources. However, we are concerned that this recommendation was put forward by Ecuador, together with a series of other recommendations targeting directly the Special Rapporteur on Freedom of Expression, with the aim to restrict independent funding. There is evidence that the idea behind this proposal is to minimise all special mandates and make them dependent solely on funding coming directly from the OAS, which is rather limited. The proposal “to balance” the funding received – even those received from outside of the OAS, would require the Special Rapporteur on Freedom of Expression to reject a considerable amount of funding currently in the mandate’s disposal. 

ARTICLE 19 therefore calls on the OAS to maintain the important role of the Office of the Special Rapporteur for Freedom of Expression and refrain from adopting any measures that may weaken its functions and powers. In particular, we urge all diplomats present at the January 25 meeting and follow-up discussions to:

• Ensure that the Office of the Special Rapporteur continues to publish its separate annual report; 
• Ensure that the Office may continue to act with independence in the performance of its duties, refraining from adopting any rules and/or procedures that may restrain its current responsibilities and powers; 
• Provide adequate resources to the Office of the Special Rapporteur from OAS resources while allowing the Office to fundraise autonomously for its activities and retain funding received from independent sources.

For more information

• Please contact in Brazil: Paula Martins, Director of ARTICLE 19 Brazil at [email protected] or in Mexico Juan Carlos Romero at [email protected].

Further Information: 

• Report on IACHR's 143th session, which included hearings on children's right to freedom of expression (CRIN, November 2011) 
• CRIN editorial on children's right to freedom of expression (CRIN, May 2010)