2013-2006

20.12.2013. General Assembly. Resolution adopted on the safety of journalists and the issue of impunity on 18 December 2013 A/RES/68/163

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights (1) and recalling relevant international human rights treaties, including the International Covenant on Civil and Political Rights (2) and the International Convention for the Protection of All Persons from Enforced Disappearance, (3) as well as the Geneva Conventions of 12 August 1949 (4) and the Additional Protocols thereto (5),
 
Recalling the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, endorsed by the United Nations System Chief Executives Board for Coordination on 12 April 2012, in which United Nations agencies, funds and programmes were invited to work with Member States towards a free and safe environment for journalists and media workers in both conflict and non-conflict situations, with a view to strengthening peace, democracy and development
worldwide,
 
Recalling also Human Rights Council resolutions 20/8 of 5 July 2012 on the promotion, protection and enjoyment of human rights on the Internet (6), 21/12 of 27 September 2012 on the safety of journalists, (7) and 24/15 of 27 September 2013 on the World Programme for Human Rights Education (8) and Council decision 24/116 of 26 September 2013 on a panel discussion on the safety of journalists (9) as well as Security Council resolution 1738 (2006) of 23 December 2006,
 
Taking note of the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (10) and the Special Rapporteur on extrajudicial, summary or arbitrary executions, (11) submitted to the Human Rights Council at its twentieth session,
 
Commending the role and the activities of the Office of the United Nations High Commissioner for Human Rights and the United Nations Educational, Scientific and Cultural Organization with regard to the safety of journalists and the issue of impunity,
 
Taking note with appreciation of the report of the Office of the High Commissioner for Human Rights on good practices concerning the safety of journalists, (12) submitted to the Human Rights Council at its twenty-fourth session,
 
Noting with appreciation the international conference on the safety of journalists, held in Warsaw on 23 and 24 April 2013, and its specific recommendations, (13)
 
Acknowledging that journalism is continuously evolving to include inputs from media institutions, private individuals and a range of organizations that seek, receive and impart information and ideas of all kinds, online as well as offline, in the exercise of freedom of opinion and expression, in accordance with article 19 of the International Covenant on Civil and Political Rights, thereby contributing to shape public debate,
 
Recognizing the relevance of freedom of expression and of free media in building inclusive knowledge societies and democracies and in fostering intercultural dialogue, peace and good governance,
 
Recognizing also that the work of journalists often puts them at specific risk of intimidation, harassment and violence,
 
Taking note of the good practices of different countries aimed at the protection of journalists, as well as, inter alia, those designed for the protection of human rights defenders that can, where applicable, be relevant to the protection of journalists,
 
Recognizing that the number of people whose lives are influenced by the way information is presented is significant and that journalism influences public opinion,
 
Bearing in mind that impunity for attacks against journalists constitutes one of the main challenges to strengthening the protection of journalists,
 
Recalling in this regard that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be respected and protected as such, provided that they take no action adversely affecting their status as civilians,
 
Expressing concern at the threat to the safety of journalists posed by non-State actors, including terrorist groups and criminal organizations,
 
Acknowledging the specific risks faced by women journalists in the exercise of their work, and underlining, in this context, the importance of taking a gender sensitive approach when considering measures to address the safety of journalists,
 
1. Takes note with appreciation of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity;
 
2. Condemns unequivocally all attacks and violence against journalists and media workers, such as torture, extrajudicial killings, enforced disappearances and arbitrary detention, as well as intimidation and harassment in both conflict and non conflict situations;
 
3. Decides to proclaim 2 November as the International Day to End Impunity for Crimes against Journalists;
 
4. Requests the United Nations Educational, Scientific and Cultural Organization, in consultation with relevant entities of the United Nations system, and mindful of the provisions of the annex to Economic and Social Council resolution 1980/67 of 25 July 1980, to facilitate the implementation of the International Day in collaboration with Governments and relevant stakeholders;
 
5. Urges Member States to do their utmost to prevent violence against journalists and media workers, to ensure accountability through the conduct of impartial, speedy and effective investigations into all alleged violence against journalists and media workers falling within their jurisdiction and to bring the perpetrators of such crimes to justice and ensure that victims have access to appropriate remedies;
 
6. Calls upon States to promote a safe and enabling environment for journalists to perform their work independently and without undue interference, including by means of: (a) legislative measures; (b) awareness-raising in the judiciary and among law enforcement officers and military personnel, as well as among journalists and in civil society, regarding international human rights and
humanitarian law obligations and commitments relating to the safety of journalists;
(c) the monitoring and reporting of attacks against journalists; (d) publicly condemning attacks; and (e) dedicating the resources necessary to investigate and prosecute such attacks;
 
7. Invites the relevant agencies, organizations, funds and programs of the United Nations system to consider identifying focal points for the exchange of information about the implementation of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, in cooperation with Member States and under the overall coordination of the United Nations Educational, Scientific and Cultural Organization;
 
8. Requests the Secretary-General to report to the General Assembly at its sixty-ninth session on the implementation of the present resolution.
 
70th plenary meeting
18 December 2013

1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 Resolution 61/177, annex.
4 United Nations, Treaty Series, vol. 75, Nos. 970-973.
5 Ibid., vol. 1125, Nos. 17512 and 17513.
6 See Official Records of the General Assembly, Sixty-seventh Session, Supplement No. 53 and corrigendum (A/67/53 and Corr.1), chap. IV, A.
7 Ibid., Supplement No. 53A (A/67/53/Add.1), chap. III.
8 Ibid., Sixty-eighth Session, Supplement No. 53A (A/68/53/Add.1), chap. III.
9 Ibid., chap. IV.
10 A/HRC/20/17.
11 A/HRC/20/22 and Corr.1.
12 A/HRC/24/23.
13 See S/2013/422, annex.

27.09.2012. United Nations A/HRC/RES/21/12. Resolution adopted by the Human Rights Council at its twenty-first session on Safety of journalists

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights, and recalling relevant
international human rights treaties, including the International Covenant on Civil and
Political Rights and the International Convention for the Protection of All Persons from Enforced Disappearance, as well as the Geneva Conventions of 1949 and the Additional Protocols thereto of 8 June 1977,

Recalling all relevant resolutions of the Commission on Human Rights and the
Human Rights Council on the right to freedom of opinion and expression, in particular Council resolution 12/16 of 2 October 2009, as well as Council resolutions 13/24 of 26 March 2010 and 20/8 of 5 July 2012,

Mindful that the right to freedom of opinion and expression is a human right
guaranteed to all in accordance with articles 19 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights, and that it constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and development,

Reaffirming that everyone has the right to life, liberty and security of person,

Recognizing the importance of all forms of the media, including the printed media,
radio, television and the Internet, in the exercise, promotion and protection of the right to freedom of opinion and expression,

Acknowledging the particular role played by journalists in matters of public interest, including by raising awareness of human rights,

Underlining the importance of voluntary professional principles and ethics developed and observed by the media,

Recognizing that the work of journalists often puts them at specific risk of intimidation, harassment and violence,

Acknowledging the specific risks faced by women journalists in the exercise of their work, and underlining, in this context, the importance of taking a gender-sensitive approach when considering measures to address the safety of journalists,

Taking note of the good practices of different countries aiming at the protection of journalists, as well as, inter alia, those designed for the protection of human rights defenders that can, where applicable, be relevant to the protection of journalists,

Underlining the important role of regional and subregional organizations in the safety of journalists,

Welcoming the important work of the United Nations Educational, Scientific and Cultural Organization for the safety of journalists,

Taking note of the International Conference on Protection of Journalists in Dangerous Situations, held on 22 and 23 January 2012 in Doha,

1. Recalls, in the context of this resolution, the rights contained in the International Covenant on Civil and Political Rights, in particular article 19, which states that:
1. Everyone shall have the right to hold opinions without interference;
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice;
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals;

2. Takes note of the reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (1) and the Special Rapporteur on extrajudicial, summary or arbitrary executions, (2) presented to the Human Rights Council at its twentieth session, and the interactive dialogue thereon;

3. Expresses its concern that violations of the right to freedom of opinion and expression continue to occur, including increased attacks against and killings of journalists and media workers, and stressing the need to ensure greater protection for all media professionals and for journalistic sources;

4. Condemns in the strongest term all attacks and violence against journalists, such as torture, extrajudicial killings, enforced disappearances and arbitrary detention, as well as intimidation and harassment;

5. Expresses its concern that there is a growing threat to the safety of journalists posed by non-State actors, including terrorist groups and criminal organizations;

6. Calls on all parties to armed conflict to respect their obligations under international human rights law and international humanitarian law, including their obligations under the Geneva Conventions of 12 August 1949 and, where applicable, the Additional Protocols thereto of 8 June 1977, the provisions of which extend protection to journalists in situations of armed conflict, and to allow, within the framework of applicable rules and procedures, media access and coverage, as appropriate, in situations of international and non-international armed conflict;

7. Expresses its concern that attacks against journalists often occur with impunity, and calls upon States to ensure accountability through the conduct of impartial, speedy and effective investigations into such acts falling within their jurisdiction, and to bring to justice those responsible and to ensure that victims have access to appropriate remedies;

8. Calls upon States to promote a safe and enabling environment for journalists to perform their work independently and without undue interference, including by means of (a) legislative measures; (b) awareness-raising in the judiciary, law enforcement officers and military personnel, as well as journalists and civil society, regarding international human rights and humanitarian law obligations and commitments relating to the safety of journalists; (c) the monitoring and reporting of attacks against journalists; (d) publicly condemning attacks; and (e) dedicating necessary resources to investigate and prosecute such attacks;

9. Encourages States to put in place voluntary protection programmes for journalists, based on local needs and challenges, including protection measures that take into account the individual circumstances of the persons at risk, as well as, where applicable, the good practices in different countries;

10. Invites relevant special procedures of the Human Rights Council, as appropriate, in the framework of their mandates, to continue to address the relevant aspects of the safety of journalists in their work;

11. Stresses the need to ensure better cooperation and coordination at the international level with regard to ensuring the safety of journalists, including with regional organizations, and invites United Nations agencies, funds and programmes, other international and regional organizations, Member States and all relevant stakeholders, when applicable and in the scope of their mandates, to cooperate further in the implementation of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, elaborated by the United Nations Educational, Scientific and Cultural Organization and endorsed by the United Nations System Chief Executives Board for Coordination;

12. Requests the Office of the United Nations High Commissioner for Human Rights, in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, to prepare, working in consultation with States and other relevant stakeholders, a compilation of good practices in the protection of journalists, the prevention of attacks and the fight against impunity for attacks committed against journalists, and to present the compilation in a report to the Human Rights Council at its twenty-fourth session.

23.12.2006. United Nations S/RES/1738 (2006) - Resolution 1738 adopted by the Security Council at its 5613th meeting, on 23 December 2006

The Security Council,

Bearing in mind its primary responsibility under the Charter of the United Nations for the maintenance of international peace and security, and underlining the importance of taking measures aimed at conflict prevention and resolution,

Reaffirming its resolutions 1265 (1999), 1296 (2000) and 1674 (2006) on the protection of civilians in armed conflict and its resolution 1502 (2003) on protection of United Nations personnel, associated personnel and humanitarian personnel in conflict zones, as well as other relevant resolutions and presidential statements,

Reaffirming its commitment to the Purposes of the Charter of the United Nations as set out in Article 1 (1-4) of the Charter, and to the Principles of the Charter as set out in Article 2 (1-7) of the Charter, including its commitment to the principles of the political independence, sovereign equality and territorial integrity of all States, and respect for the sovereignty of all States,

Reaffirming that parties to an armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of affected civilians,

Recalling the Geneva Conventions of 12 August 1949, in particular the Third Geneva Convention of 12 August 1949 on the treatment of prisoners of war, and the Additional Protocols of 8 June 1977, in particular article 79 of the Additional Protocol I regarding the protection of journalists engaged in dangerous professional missions in areas of armed conflict,

Emphasizing that there are existing prohibitions under international humanitarian law against attacks intentionally directed against civilians, as such, which in situations of armed conflict constitute war crimes, and recalling the need for States to end impunity for such criminal acts,

Recalling that the States Parties to the Geneva Conventions have an obligation to search for persons alleged to have committed, or to have ordered to be committed a grave breach of these Conventions, and an obligation to try them before their own courts, regardless of their nationality, or may hand them over for trial to another concerned State provided this State has made out a prima facie case against the said persons,

Drawing the attention of all States to the full range of justice and reconciliation mechanisms, including national, international and "mixed" criminal courts and tribunals and truth and reconciliation commissions, and noting that such mechanisms can promote not only individual responsibility for serious crimes, but also peace, truth, reconciliation and the rights of the victims,

Recognizing the importance of a comprehensive, coherent and action-oriented approach, including in early planning, of protection of civilians in situations of armed conflict. Stressing, in this regard, the need to adopt a broad strategy of conflict prevention, which addresses the root causes of armed conflict in a comprehensive manner in order to enhance the protection of civilians on a long-term
basis, including by promoting sustainable development, poverty eradication, national reconciliation, good governance, democracy, the rule of law and respect for and protection of human rights,

Deeply concerned at the frequency of acts of violence in many parts of the world against journalists, media professionals and associated personnel in armed conflict, in particular deliberate attacks in violation of international humanitarian law,

Recognizing that the consideration of the issue of protection of journalists in armed conflict by the Security Council is based on the urgency and importance of this issue, and recognizing the valuable role that the Secretary-General can play in providing more information on this issue,

1. Condemns intentional attacks against journalists, media professionals and associated personnel, as such, in situations of armed conflict, and calls upon all parties to put an end to such practices;

2. Recalls in this regard that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be respected and protected as such, provided that they take no action adversely affecting their status as civilians. This is without prejudice to the right of war correspondents accredited to the armed forces to the status of prisoners of war provided for in article 4.A.4 of the Third Geneva Convention;

3. Recalls also that media equipment and installations constitute civilian objects, and in this respect shall not be the object of attack or of reprisals, unless they are military objectives;

4. Reaffirms its condemnation of all incitements to violence against civilians in situations of armed conflict, further reaffirms the need to bring to justice, in accordance with applicable international law, individuals who incite such violence, and indicates its willingness, when authorizing missions, to consider, where appropriate, steps in response to media broadcast inciting genocide, crimes
against humanity and serious violations of international humanitarian law;

5. Recalls its demand that all parties to an armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel;

6. Urges States and all other parties to an armed conflict to do their utmost to prevent violations of international humanitarian law against civilians, including journalists, media professionals and associated personnel;

7. Emphasizes the responsibility of States to comply with the relevant obligations under international law to end impunity and to prosecute those responsible for serious violations of international humanitarian law;

8. Urges all parties involved in situations of armed conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians;

9. Recalls that the deliberate targeting of civilians and other protected persons, and the commission of systematic, flagrant and widespread violations of international humanitarian and human rights law in situations of armed conflict may constitute a threat to international peace and security, and reaffirms in this regard its readiness to consider such situations and, where necessary, to adopt appropriate steps;

10. Invites States which have not yet done so to consider becoming parties to the Additional Protocols I and II of 1977 to the Geneva Conventions at the earliest possible date;

11. Affirms that it will address the issue of protection of journalists in armed conflict strictly under the agenda item "protection of civilians in armed conflict";

12. Requests the Secretary-General to include as a sub-item in his next reports on the protection of civilians in armed conflict the issue of the safety and security of journalists, media professionals and associated personnel.