Freedom of Expression
Press Release 121/05
Preliminary Observations upon concluding his official visit to Colombia: The Special Rapporteur for Freedom of Expression expresses serious concern about self-censorship and persistent impunity.
Bogotá, Colombia. April 29, 2005. Upon concluding his official visit to the Republic of Colombia, Eduardo Bertoni, Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), expresses his concern about the very strong environment of self-censorship among journalists and the media, as well as the persistent impunity registered in many crimes against journalists. The Office of the Rapporteur is conscious, as noticed by the IACHR, that the internal armed conflict affecting Colombia is of great complexity and involves high levels of violence. However, the Office exhorts the Colombian State to reinforce the mechanisms for guaranteeing the full exercise of freedom of expression in Colombia.
The visit, which was made at the invitation of the government, ran from April 25 to April 29, 2005. The purpose was to gather information on the status of freedom of expression in the country. Accompanying the Special Rapporteur for Freedom of Expression were Carlos Zelada and Montserrat Solano, lawyer and collaborator with the Office, respectively. The Special Rapporteur personally thanked the President of the Republic, Álvaro Uribe Vélez, for the invitation and the great cooperation received from his government during the visit. Likewise, the Office of the Rapporteur thanks the civil servants, members of civil society, journalists and the media in Colombia, for all the information received.
During his visit, the Rapporteur met with officials from the Office of the President of the Republic; the Human Rights Program of the Office of the Vice-president of the Republic; the Department of the Interior; the National Police; the "Defensoría del Pueblo", the UN High Commissioner for Human Rights in Colombia, the Culture Ministry, the Communication Ministry and the Office of the Attorney General (Fiscalía General de la Nación). The Rapporteur also met with judges from the Constitutional Chamber; representatives of the Legislative Chamber and the Vice-president of the Republic. Furthermore, the Office of the Rapporteur had numerous meetings with academics, journalists, representatives of the civil society and the media.
As part of the visit, on April 27, the Rapporteur traveled to the department of Arauca, where he received information from local authorities and over 30 representatives of the civil society and the media.
Upon concluding its visit, the Office of the Rapporteur takes note of the efforts of Colombian authorities to guarantee the right to freedom of expression, particularly through the program for the protection of journalist of the Department of the Interior and Justice. The Office of the Rapporteur was pleased to receive information on the programs on social telecommunication, particularly the process of concession of radio frequencies to community radios started in 2004 and on the programs designed to offer more resources for the general public to access information.
Notwithstanding, the Office of the Rapporteur received many testimonies from media workers, especially from the countryside, who did not publish information on certain topics or changed their editorial line due to fear of retaliation. In addition, some national and regional authorities admitted that civil society, the media and the population in general, fear to participate in public debates and to report on issues related to the internal armed conflict, the activity of illegal armed groups, drug trafficking and corruption.
Freedom of Expression is the cornerstone upon which a democratic society rests. The self-censorship perceived during the visit limits the right of the Colombian population to receive and impart information, restricts public debate and impairs the efforts to strengthen the rule of law. The Office of the Rapporteur urges the State to do everything possible to guarantee the exercise of freedom of expression and freedom of the press, without which democratic societies are weakened.
The murder, kidnapping, threatening and harassment of journalists, as well as, the destruction of the means of communication, not only constitute a clear violation of individual rights but also restrict freedom of expression. These acts work as an intimidation tool by attempting to keep the press silent about illegal and abusive facts and also send a clear message of intimidation to those in civil society who denounce abuses.
According to statistics received from different organizations and from the State, there has been a decrease in the numbers of murders, threats and harassment of journalists. However, they still persist, especially outside the Capital.
Although the Office of the Rapporteur recognizes the impact of government actions in reducing crimes against journalists, it also realizes that this reduction is also party affected by journalists not reporting information that could endanger them.
The situation is even more serious in the countryside. During its visit to Arauca, the Office of the Rapporteur received information on violent acts committed against those who exercise freedom of expression and who fear to take action due to possible reprisals.
The 2003 Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia points out that "the measures adopted in Arauca have not created favourable conditions for the full exercise of freedom of the press and the right of the population to be informed in a true and impartial way. For this reason many journalists have shown an increase in self-censorship, which they define as self-regulation in order to survive." Likewise, the Office of the Rapporteur heard this sort of declarations several time during the visit to Arauca. The information also received accounts for the continuation of threats against those who express themselves freely. Considering this situation the Office of the Rapporteur calls on local authorities not to underestimate these threats and duly act in order to shed light upon these crimes.
Regarding the program for the protection of journalists from the Department of Interior and Justice, the Office of the Rapporteur recognizes that the actions taken by the State in this program have been essential to the protection of those who believe their lives are in risk for exercising freedom of expression, and thus calls attention to the need to strengthen it.
The "chilling effect" caused by the intimidation and murder of journalists is amplified if those crimes result in impunity. The Office received numerous complaints about the scarce solid results in the investigation of such crimes. The State has the obligation to fight impunity by all legal means available, since impunity brings about the repetition of human rights violations and lack of defense for the victims and their families. For these reasons, and not prejudging the complexities that may be present, the Office of the Rapporteur is concerned also the slow advances in the investigations of murders of journalists. According to the information received, most of those cases are still in the preliminary stage of investigation. And although there have been a few convictions, these are the exceptions. Some of the researches have led to the prosecution of the material perpetrators and some times the masterminds were also prosecuted and convicted. Likewise, in the cases of threats against journalists, most of them are also in the preliminary stage of investigation.
Consequently, the Special Rapporteur makes it his, the appeal of the United Nations Rapporteur on Freedom of Opinion and Expression, Ambeyi Ligabo, to the Colombian authorities to qualify as a priority issue the fight against impunity and take the perpetrators of those aforesaid crimes to justice, without consideration of their political or social status.
The damaging consequences of impunity constitute a factor to be considered in the proposals for legislative changes during the demobilization process proposed by the State, among them the bill known as "Justice and Peace" (Justicia y Paz). The Rapporteur recalls, as stated by the IACHR in its Report on the Demobilization Process in Colombia, that this process must be done in a legal framework that assures access to truth, justice and reparation and that it does not contribute for the consolidation of impunity in the cases of crimes against victims of the conflict, among them journalists. The consolidation of impunity would establish a precedent that would contribute for the creation of an environment favorable to the increase the already alarming levels of self-censorship.
Finally, the Office of the Rapporteur was pleased to hear declarations from Colombian authorities recognizing the importance of freedom of expression and revealing their commitment to guaranteeing the work of the media. The Office of the Rapporteur asks that the State continue to publicly declare its support for freedom of expression, considering that, in the complexity of the Colombian situation, announcements that place the press as contrary to security policies can make it vulnerable to attacks.
Once again, the Office of the Rapporteur recognizes the importance of journalists, the media and human rights defenders, who daily risk their lives and physical integrity to guarantee the right of people to be informed.
Regardless of these preliminary observations and taking into consideration the information gathered during this official visit, former visits and upcoming reports; the Office of the Special Rapporteur will present a report on this and other issues to the Inter-American Commission on Human Rights.
For more information on the Office of the Rapporteur: www.cidh.org/relatoria/