In the three regional systems we looked at, freedom of press as part of freedom of expression
is not only protected and fostered by human rights courts, but also monitored by alternative
stakeholders and protected by alternative mechanisms for observance.
One way of protecting the freedom of press through special mechanisms is by assigning
special rapporteurs or commissioners.
All three systems have implemented such an office in some way.
Within the Inter-American Commission, Edison Lanza is the special rapporteur for freedom
of expression.
In the African system, Lawrence Mute functions as special rapporteur on freedom of expression
and access to information.
His work is overseen by the African Commission on Human and People's Rights.
In the framework of the Council of Europe, the mandate of the Commissioner for Human
Rights, Dunja Mijatovic, extends to the protection of free, independent and pluralistic media
based on freedom of information and expression.
While the role of human rights courts is authoritative as they render binding judgments, the function
of these special rapporteurs and the Council of Europe Commissioner is more diverse.
Irrespective of the details of their mandates, they have the following tasks in common.
First, they monitor national media legislation and practice, control the state's compliance
with human rights instruments and identify shortcomings in the state's practice.
Second, they make on-site visits to countries of the region in order to gather information
about the current situation regarding freedom of expression in a particular country.
Third, they prepare annual reports as well as special statements and declarations such
as press releases, reports and opinions on specific cases or situations that are relevant
for the protection of freedom of expression.
Fourth, they offer seminars and workshops with strategic actors in the region in order
to promote education in and awareness of the proper protection of freedom of expression.
The complexity of activities reveals that the special rapporteurs and the Commissioner
of the Council of Europe fulfill supervisory functions.
Additionally, they can adopt precautionary and cooperative approaches, directly addressing
members of the civil society.
Moreover, through dialogues, advising on human rights systematic implementation and awareness
raising activities, they can also involve national authorities.
Their work can help to improve the primary responsibility of national stakeholders to
implement freedom of press.
Especially in the African and in the Inter-American system where human rights commissions supplement
the work of the human rights courts, the special rapporteurs advise the respective commissions
in evaluating cases and requests for precautionary measures as well as in preparing reports.
In March 2019, for example, the special rapporteur on freedom of expression and access to
information in Africa transmitted a letter of appeal to the president of the Republic
of Chad regarding reports of the orders by the government of Chad to mobile operators
to block access to social media platforms in the country.
Thereby, the African Commission on Human and People's Rights remains actively involved
in the matter.
In the European system, the commissioner fulfills a complementary function in contentious proceedings
through his or her right to intervene in proceedings before the court as a third party.
In 2017, for example, the former commissioner exercised the right with regards to proceedings
lodged against Turkey.
In his intervention, the commissioner raised awareness to the persistent pattern of violations
of the freedom of expression.
In the course of Turkey's fight against terrorism, the violations resulted from the
Presenters
Luisa Weyers
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00:07:29 Min
Aufnahmedatum
2019-07-17
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2019-12-04 11:04:43
Sprache
en-US