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28.10.2015 -

Ending Impunity for Crimes against Journalists

19th October 2015—Impunity towards crimes against journalists is considered one of the main factors fuelling the cycle of violent crime against the exercise of freedom of expression and human rights more broadly. The operators of judicial systems (judges, prosecutors, lawyers, and investigative police) are crucial to address the issue of impunity. Deepening and sharing experience and jurisprudence of International Courts, as well as national references in regard to High Courts, can be an important tool in fighting impunity. It is also important to raise knowledge about international standards and international law.

The United Nations General Assembly adopted Resolution A/RES/68/163 at its 68th session in 2013, which proclaimed 2 November as the ‘International Day to End Impunity for Crimes against Journalists’ (IDEI). The Resolution urged Member States to implement definite measures countering the present culture of impunity. The date was chosen in commemoration of the assassination of two French journalists in Mali on 2 November 2013. UNESCO is mandated in the Resolution to lead the observation of the Day.  

This landmark resolution condemns all attacks and violence against journalists and media workers. It also urges Member States to do their utmost to prevent violence against journalists and media workers, to ensure accountability, bring to justice perpetrators of crimes against journalists and media workers, and ensure that victims have access to appropriate remedies. It further calls upon States to promote a safe and enabling environment for journalists to perform their work independently and without undue interference.  

The focus on impunity of this resolution stems from the worrying situation that over the past decade, more than 700 journalists have been killed for bringing news and information to the public. In 2012 alone, the UNESCO Director-General condemned the killing of 123 journalists, media workers, and social media producers of public interest journalism. In 2013, the figure decreased slightly to 91, but still represented the second deadliest year for journalists.  

These figures do not include the many more journalists who on a daily basis suffer from non-fatal attacks, including harassment or violence against them and/or their relatives, torture, enforced disappearances, arbitrary detention, intimidation and harassment in both conflict and non-conflict situations. Furthermore, there are specific risks faced by women journalists including sexual attacks.  

Worryingly, only one in ten cases of killings of media workers over the past decade has led to a conviction. This impunity emboldens the perpetrators of the crimes and at the same time has a chilling effect on society including journalists themselves. Impunity breeds impunity and feeds into a vicious cycle. The public draw the inference that it is not safe to exercise their rights because state protection is lacking.  

According to the 2014 UNESCO Director-General’s Report on the Safety of Journalists and the Danger of Impunity, less than six percent of the 593 cases of killings of journalists from 2006-2013 have been resolved. A quarter of these cases are considered as “ongoing” referring to their continued investigations over the various stages of the judicial system. In 60 percent of the cases, no information on the judicial process was made available to UNESCO notwithstanding the Director-General’s requests for such. This lack of information may reflect upon the awareness and capacity of a judicial system to monitor and track these cases.  

When attacks on journalists remain unpunished, a very negative message is sent that reporting the “embarrassing truth” or “unwanted opinions” will endanger reporters and the ordinary people who are their sources. Furthermore, society loses confidence in its own judicial system, which is meant to protect everyone from attacks on their rights. Perpetrators of crimes against journalists and others are emboldened when they realize they can attack their targets without ever facing justice.  

As recognised by the UN Security Council in its Resolution 2222 of 27 May 2015, “impunity for crimes committed against journalists, media professionals  and  associated  personnel  in  armed  conflict  remains  a  significant challenge  to  their  protection  and  that  ensuring  accountability  for  crimes  committed against them is a key element in preventing future attack”.  

In the Resolution, the Security Council further emphasised that it is “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.”    

Society as a whole suffers from impunity. The kind of news that gets “silenced” is exactly the kind that the public needs to know. Information is quintessential in order to make the best decisions in their lives, be it economic, social or political. This access to reliable and quality information is the very cornerstone of democracy, good governance, and effective institutions.  

It is in recognition of such far-reaching consequences of impunity, especially of crimes against journalists, that the UN declared 2 November as the International Day to End Impunity for Crimes against Journalists (IDEI). Further details on this day can be found at the UNESCO website here.  

These are selecting of some quotes from the issue of impunity of crimes against journalists here.

Facts and Figures on the Safety of Journalists, 2013-2014” here




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