PEC draft proposal for an International Convention to strengthen the protection of journalists in armed conflicts and other situations including civil unrest and targeted killings
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PREAMBLE
The States Parties to this Convention,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms,
Reaffirming article 19 of the Universal Declaration of Human Rights adopted on 10 December 1948 which states that everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers,
Reaffirming article 19 of the International Covenant on Civil and Political Rights adopted on December 1966 which states that "Everyone shall have the right to hold opinions without interference" and that "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 though any other media of his choice",
Reaffirming Resolution 1738 adopted by the United Nations Security Council on 23 December 2006 which 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, and Resolution 2022 adopted by the Security Council on 27 May 2015
Recalling the debates of the United Nations General Assembly begun at its 25th session in 1970, the draft international convention on the protection of journalists in dangerous professional missions submitted to its 28th session and Resolution 3058, adopted on 2 June 1973, expressing the opinion that it would be preferable to adopt a convention on the protection of journalists on dangerous professional missions,
Also recalling that according to the Geneva Conventions of 12 August 1949 and Additional Protocols of 8 June 1977 intentional attacks on civilians are prohibited,
Also recalling Article 79 of the Protocol to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Arms Conflicts (Protocol I), 8 June 1977, which states as follows: "Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1"; "they shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians",
Noting that experience has shown that, generally speaking, since the adoption of Protocol I, the provisions of Article 79 are rarely
respected and that the protection they are supposed to provide is for the most part ineffective,
Recalling resolutions on the safety of journalists adopted by consensus by the General Assembly and the Human Rights Council fron 2012 to 2022
The States Parties recognize that the growing attacks against journalists, targeted killings, kidnapping have changed the dangerous mission of the media profession which makes Article 79 inadequate to deal with the current circumstances that have amplified the problem into a global problem with journalists killed in different regions of the world,
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, despite their status of civilians,
Considering attacks against journalists are taking place not only in international armed conflicts, but also during civil unrest and others situations of violence, tensions, riots, protests
Determined to prevent attacks against journalists, to combat impunity and to ensure the right of victims to justice and to compensation,
Recognizing journalists and media professionals have an essential role to play in order to testify and to make public the violations of human rights and humanitarian law, to denounce those who committed them and ensure the respect by all parties of the rights of civilians,
Stressing the necessity to better distinguish journalists from fighters, and also from other civilians,
Aware of the seriousness of the risks in zones of armed conflict that journalists and media professionals have to assume in order to collect information, photographs, films, audio recordings and any other documentation and to diffuse them, and recognizing they need an enhanced protection in comparison to other civilians,
Bearing in mind the changing nature of modern warfare in the 21st century that does not distinguish between what is civilian and what is a military target, who is a civilian and who is a suicide bomber,
Noting that technological advances in military technology and information media technology have facilitated the outreach of the media to military fields of operation without shields,
Stressing that this kind of warfare, including the engagement of non-state actors, makes it very difficult for the media to cover events from a distance, but has facilitated the suicide bomber-attacker,
Noting that this development compounds the dangers facing the media profession in armed conflict and elsewhere, where people are determined to attack whether on an individual level, to liquidate physically members of the media, or in targeting the masses by multiple explosions,
Taking into account that clear examples of such attacks actions are taking place where the notion of law and order has been lost, or in other circumstances where the subject is liquidated in order to thwart freedom of expression and opinion, or in isolated incidents when suicide attackers represent a regular army,
Stressing that the general protection accorded to the civilian population by humanitarian law would be reinforced by a more frequent presence of journalists on the ground alongside the victims,
Reaffirming that the freedom of the press and the free exercise of journalism are essential to ensure the right of the public to information in all circumstances,
Considering that there is no specific legal instrument on the protection of the media in zones of armed conflict and civil unrest,
Recognizing that the risks have increased, notably because of the reason of the proliferation of actors on the ground, including numerous non-state armed groups, of which some overtly engage in acts of terrorism,
Agreeing that the term of "journalist" in this Convention covers all civilians who work as reporters, correspondents, photographers, cameramen, graphic artists, and their assistants in the fields of the print media, radio, film, television and the electronic media (Internet), who carry out their activities on a regular basis, full time or part time, whatever their nationality, gender and religion.
Have agreed on the following articles:
Article 1 - Applicability
This Convention shall apply at all times in war and peace, during international armed conflicts (opposing two or more States), non international conflicts (opposing many groups inside the boundaries of a State) and in cases of serious internal violence, which includes local conflicts, civil unrest, targeted killings, kidnapping, authorized and unauthorized demonstrations.
Article 2 - General Provisions
1. Any deliberate attack or aggression, threats, kidnapping or detention directed against a journalist while carrying out his or her functions is prohibited, whenever and wherever it may take place, provided that the journalist takes no action adversely affecting his or her status as a civilian and does not directly contribute to military operations. These provisions and those following apply to all authorities representing a State as well as all representatives and so-called non-state actors of the civil society, such as criminal networks.
2. Any attack against media installations and equipment is prohibited, unless their use for military purposes by armed groups is clearly demonstrated.
3. Any attack against the life and physical and moral integrity, notably killing, cruel and inhuman treatments, torture, hostage taking involving journalists are prohibited at all times and in all places and constitute a war crime as defined in applicable international law and shall lead to the consequences provided for under such applicable international law.
4. Internet services must be guaranteed full operation anytime by the concerned authorities.
5. All incitements by all media to violence, genocide, crimes against humanity, and serious violations of humanitarian law are prohibited.
6. A journalist wishing to benefit from the protection accorded to civilians must never be armed nor contribute in any way to the hostilities. Journalists are allowed to be escorted by military personnel or armed guards, for self-protection and the protection of the media installation.
Article 3 - Assistance
1. The States Parties to this Convention and all Parties to an armed conflict on the territory of a State adhering to this Convention must do their utmost to protect journalists and media installations against attacks, aggressions and threats.
2. This provision applies to all journalists without exception, whether they be embedded in (attached to) military units or covering conflicts independently or representing media organizations on the opposite side of the front and all media covering the conflict without exception.
3. Any State, whether party or not to an armed conflict, has the obligation to assist journalists in the line of duty giving them free access to information and all relevant documents and to facilitate their movements.
Article 4 – Media POWS
Journalists detained during an armed conflict have the right to the same treatment as that accorded to the prisoners of war (POWS) by the
third Geneva Convention of 12 August 1949, in particular its article 4 paragraph 4 which states that war prisoners are "persons who followed the armed forces without directly taking part to them, such as (...) the war correspondents".
Article 5 - Enquiry and Repression
1. Each State Party to this Convention shall immediately take appropriate steps to undertake without delay a thorough and impartial investigation on the attacks defined in article 2 and to bring to justice the criminals responsible, in accordance with international and national law. The parties to a conflict shall cooperate in establishing the facts and communicate their findings fully and speedily to those concerned.
2. Each State Party shall take the necessary measures to hold criminally responsible any person who commits, orders, solicits or induces an attack, attempts to commit, is an accomplice to or participates in an attack against a journalist. Each State Party shall take the necessary measures to hold criminally responsible the offenders.
3. When it is established that a State, even non-Party to this Convention, is not able to investigate in an impartial manner, in a period of maximum one year, and then to hold criminally responsible the offenders, an independent international commission of enquiry will automatically be created by the International Media Committee (IMC) (see Article 10). The commission of enquiry, consisting of independent experts and the UN special rapporteur on the freedom of expression, shall carry out the function of establishing the facts and identifying the perpetrators. It will write a report to the IMC and will make recommendations.
4. Each State Party commits itself to facilitate the work of this international commission of enquiry. It shall take the necessary measures to prevent, prohibit and sanction acts that hinder the conduct of an investigation.
Article 6 – Advance Warning
1. In case of a military attack in a zone where there are journalists and media installations, possibly affecting them, a specific warning shall be given in due time and by efficient means to the media representatives without exception. Journalists must take all precautionary measures to escape from the zone of
hostilities. They shall maintain confidentiality to ensure that the warning does not negatively affect the military operations of a party to the conflict.
2. Media corridors, like those applied to humanitarian workers, shall be established by the parties to a conflict, in such a manner that journalists and media installations are protected. To further facilitate the movements of journalists, the parties to a conflict shall agree to a moratorium on military activities, and hostilities shall be suspended during an agreed period of time, in order to facilitate access for media workers.
Article 7 - Identification
1. In order to strengthen the protection of journalists and facilitate their identification in zones of fighting, the States Parties decide to adopt a distinctive international emblem and commit themselves to respect it and ensure that it is respected in all circumstances.
2. This international distinctive emblem for the media is composed of five capital letters, PRESS, in black on a circular orange background (orange disk).
3. A journalist wearing the distinctive emblem should be able to prove his or her identity by showing his or her press card or equivalent identity document, when it is requested by an officer on duty. The right to wear this emblem for the press is exclusively reserved to journalists.
4. The distinctive emblem shall be worn in a clearly visible manner, either on an arm band on the upper left or right arm, or on a cloth covering the chest or back. Vehicles, professional equipment and media installations may also be marked with the distinctive emblem.
5. The distinctive emblem shall be delivered by the same associations or federations of journalists which issue the press card and/or identity document, at the request of the journalist and/or his or her employer.
6. In the absence of a press association in the country or where such identity cards are not issued, the press card provided by the International Federation of Journalists (IFJ) or regional press associations media identification cards would be sufficient to use the emblem.
7. The wearing of the distinctive emblem is optional in all circumstances. Its use is left to the free choice of the journalist and/or his or her employers. No authority may impose the wearing of the distinctive emblem. When a journalist decides not to wear this emblem, he continues to benefit from all the other provisions of this Convention.
Article 8 - Training
1. Each State Party commit itself to ensure the respect of this Convention by training its military and civil personnel and all persons who may be involved, in particular for the respect of the distinctive emblem, safety zones, humanitarian media corridors, warnings, independent enquiry, judiciary proceedings.
2. The journalist's associations and employers of media commit themselves to train the journalists with safety measures in order to minimize the risks. These training programs are left to the free choice of the journalists, their employers and their associations. Safety and reliable equipment must be available. Journalists must be free to decide if they want to undertake dangerous missions in zones of conflict or civil unrest.
Article 9 - Compensation
1. Each State Party shall ensure that the victim, or in case of death its family or legal representative, have the right to obtain reparation and prompt, fair and adequate compensation.
2. The State Parties with the journalist's associations and their employers shall establish a compensation Fund with substantial financial resources.
3. The State Parties shall establish an insurance scheme that would cover all journalists, most importantly to ensure the financial protection of free lancers.
Article 10 - Implementation
1. To ensure the implementation and the follow-up of this Convention, the State Parties decide to establish an International Media Committee (IMC), whose secretariat is based in Geneva, Switzerland. It can build on the existing structures of non-governmental media protection organizations based in Geneva and draw from them the secretariat support of the Convention.
2. This Committee shall consist of ten independent experts who shall serve in their personal capacity and be impartial. Five members of the Committee shall be elected by secret ballot by the States Parties according to equitable geographical distribution from a list of candidates of non-journalists. The five other members shall be active or retired journalists with recognized competence, and elected by secret ballot from a list of candidates by media associations. The persons elected shall be those who obtain the largest number of votes.
3. The president of the Committee shall be a journalist. In case of disagreement between the members of the Committee, voting in the Committee shall require simple majority plus one.
4. The first election will take place at least six months after the entry into force of this Convention. The members of the Committee are elected for two years and shall be eligible for re-election once after a two-year term has been served by a new committee.
5. The Committee shall establish its own rules of procedure. The Committee shall hold at least four sessions of one week each year. The State Parties, the journalist's associations and media employers ensure for one third each the financial means and the human resources needed by the Committee to carry out its mandate.
6. Each State Party commit itself to cooperate with the Committee and to assist its members in complying with their mandate, especially communicating to them the necessary information.
7. In the framework of the purview established by this convention, the Committee shall cooperate with all relevant organs, UN human rights bodies, specialized agencies, special procedures of the United Nations, international, regional and national organizations, non governmental organizations, journalist's associations, press institutes, media employers, and commissions of ethics.
8. The Committee shall cooperate with existing structures of media associations, regional press associations to collect all relevant information on the protection of journalists world-wide, in the framework of Article 19 of the Universal Declaration of Human Rights. All States must make available to it the relevant information it has requested. The Committee shall issue an annual public report and submits it to all United Nations Members States. In this report, the Committee can make recommendations to the States and to the journalist's associations and media employers' representatives. The Committee shall, when appropriate, invite concerned parties and/or State representatives to testify and can call upon them, if needed, to undertake corrective measures.
9. A request may be submitted to the Committee as a matter of
urgency by a victim, his/her relatives or his/her legal representatives. The Committee will accept the request if the majority of its members consider that it is not manifestly unfounded and is not incompatible with the provisions of this Convention. It can accept the request even if the same matter is already examined under another procedure or has been duly presented to other
competent international or national bodies. The Committee shall examine the request and, if needed, ask the concerned State, Party to this Convention or not, to transmit, in a fixed period of time, information on the case.
10. The Committee may call upon a State to undertake all necessary measures to enhance the protection of a journalist or a media, or/and to give compensation when a reparation is needed. When the concerned State does not answer to the request of the Committee, it may decide to establish the commission of enquiry stated in the Article 5 of this Convention. The commission of enquiry may ensure a visit on the ground, in cooperation with the concerned State.
11. When there is no agreement and when no dialogue is possible with a UN member State, the Committee may submit the dispute as a matter of urgency to the Human Rights Council. The Committee is invited to speak in a public session. The members of the Human Rights Council may decide to hold a special session in conformity with the rules of procedure of this organ in case of a grave violation.
12. The Committee shall also settle all disputes on the interpretation of the provisions of this Convention.
Article 11. Conference of the States Parties
A Conference of the States Parties will take place one year following the entry into force of this Convention, then every two years. Any State Party to this Convention may propose an amendment. Any amendment may be adopted by a majority of two thirds of the State Parties.
Article 12. Entry Into Force
1. This Convention is open for signature by all Member States of the United Nations. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
2. The provisions set forth in this Convention shall be implemented for cases occurring after the Convention has entered into force.
3. This Convention shall require the ratification of five UN member states to enter into force. The entry into force shall take place on the thirtieth day following the date of depositing the Convention with the United Nations Secretary-General.