Freedom of Expression

Press Release 185/08

PRESS RELEASE

No. 185/08

OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION 

CONCLUDES VISIT TO HONDURAS AND MAKES RECOMMENDATIONS

Tegucigalpa, February 14, 2008 – As it completes its working visit to the Republic of Honduras, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the OAS reports that it has observed progress related to the elimination of the crime of desacato ("contempt") and the authorization of the Transparency and Access to Information Law; it has also seen challenges that merit priority attention. The Special Rapporteur ‘s Office emphasizes the need to continue advancing towards the adoption of measures that support the right to freedom of expression and makes the following recommendations to the government: 

1) Launch investigations into the murders of journalists that have taken place in the country in order to determine whether or not these murders were related to the exercise of their profession; bring those responsible to justice; and take measures to ensure that the crimes not remain in impunity.

2) Investigate cases of threats and attacks against journalists in the country and punish the responsible parties. At the same time, take the measures necessary to  protect the lives and physical integrity of the threatened persons and to ensure that journalists who have had to leave the country because of threats to their lives can return in conditions of security that allow them to  freely practice their profession.

3)Continue the process of making legislation compatible with international standards, and in this sense modify the Penal Code and related laws in order to eliminate criminal sanctions for actions considered an "offense to honor or reputation" when this is related to information that is disseminated on matters of public interest.

4) Consolidate the progress made with the passage of the Transparency and Access to Information Law through the establishment of its regulations and administrative procedures. 

5) Eliminate from legislation the compulsory membership in professional associations for journalists.

6) Adopt legislation and administrative policies requiring objective and transparent criteria for government advertising.

7) Take proactive steps toward ensuring pluralism in the media.

During the visit to Honduras, which took place February 11 -14, 2008, the Special Rapporteur for the Freedom of Expression, Ignacio J. Álvarez; attorney Alejandra Gonza; and the Press and Communications Coordinator for the Rapporteur´s Office, Leticia Linn, met with representatives of the government and civil society.

Government representatives they met with include the President of Honduras, Manuel Zelaya; Minister of the Presidency, Enrique Flores Lanza; Vice-Minister of the Secretariat of Foreign Relations, Enrique Eduardo Reina; Magistrates of the Supreme Court of Justice, Lidia Estela Cardona and Nicolás García Zorto; President of the Institute for the Access to Public Information, Commissioner Elizabeth Chiuz Sierra; Commissioners Gilma Argurcia Valencia and Arturo Etchenique Santos; and the National Commissioner for Human Rights, Ramón Custodio López.

The Special Rapporteur´s Office also met with former IACHR commissioner and Executive Director of ACI Participa, Leo Valladares; and with representatives of the Committee of Family Members of the Detained and Disappeared of Honduras (COFADEH); the Honduran Press Association; the Honduran School of Journalism; the Democracy without Borders Foundation; C-Libre; and the Media Association. Meetings were also held with a representative number of top journalists.

These meetings allowed the Office of the Special Rapporteur to complement and update the information it had gathered previously on the situation of the right to the freedom of expression in Honduras. Its specific observations are presented in the annex to this press release.

The Office of the Special Rapporteur would like to thank the government of Honduras for its invitation to visit the country, as well as other government agencies, journalists, media groups, and civil society organizations for their participation and for the information they supplied during this visit. The Special Rapporteur’s Office reiterates, as a part of its mandate, its willingness to collaborate with and provide technical assistance to initiatives in the area of the freedom of expression that may arise in the country.

Finally, the Special Rapporteur’s Office would like to express its gratitude to Foreign Affairs and International Trade of Canada for its economic support through the Glyn Berry Program which financed this visit. It would also like to thank the OAS Office in Honduras for its support for the activities of the Special Rapporteur in the country.

For more information about the Rapporteurship: http:www.cidh.org/relatoría 

OBSERVATIONS AND RECOMMENDATIONS ON THE SITUATION

OF FREEDOM OF EXPRESSION IN HONDURAS

This document is an annex to the February 14 press release (185/08) of the Special Rapporteur’s Office for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the OAS.

1.                   Investigations into the Murders of Journalists

Since the last visit of the Special Rapporteurship to Honduras in 2003, there have been at least two murders of journalists that may have been related to the exercise of journalism.

On November 26, 2003, Germán Antonio Rivas, director and owner of the Television Station Corporación Mayavisión, was shot to death as he arrived at the station headquarters in Santa Rosa de Copán. The journalist may have received threats in weeks previous. According to information received at the time, the murder may have been related to the exercise of his profession of journalism because of some information of public interest that he disseminated in his news programs. On December 2003 an arrest warrant was issued for two people accused of being the material authors of this crime. Almost five years after Rivas’s murder, these two people have yet to be apprehended. Nor has there been any progress in the investigation into the identity of the possible intellectual authors or into the motive for the crime.

In another case, on October 18, 2007, journalist and humorist Carlos Salgado was murdered as he was leaving Radio Cadena Voces where he worked. Salgado was often a critic on matters of public interest on his radio program. After the murder, other radio journalists reported that they had been receiving threats because of their journalistic work. The Police arrested one person suspected of being the material author of this crime.

Murder is the most brutal form of inhibition of the freedom of expression. According to the American Convention on Human Rights, the State has the responsibility to prevent, investigate, and sanction any violations of the rights enshrined in this instrument. Principle 9 of the IACHR Declaration of Principles on Freedom of Expression holds that: "The murder, kidnapping, and intimidation of journalists and threats made against them, as well as the material destruction of the media, violates the fundamental rights of people and severely restricts the freedom of expression."

Therefore, the Rapporteurship urges the Honduran government to launch investigations into the previously mentioned murders, so that it can be determined whether or not these murders were related to the exercise of journalism and so that the responsible parties—both the material and intellectual authors of these crimes—may be brought to justice. These crimes must not be allowed to remain in impunity, since this creates the conditions for new acts of violence to be committed against journalists and could result in additional limitations to the freedom of expression, such as the self-censorship of other journalists and members of the media.

2.                   Attacks and Threats

The Special Rapporteur’s Office is concerned about information it has received regarding numerous episodes of attacks and threats against members of the media in Honduras.

Among some of the many cases about which the Rapporteurship has received information, is that of journalist Dina Meza, for whom the IACHR has been providing precautionary measures since 2006. Meza received threats against her life and personal integrity after the murder in December that year of Dionisio Díaz García, a lawyer and adviser for the Asociación para una Sociedad Más Justa (Association for a More Just Society) where she had been working. The precautionary measures authorized for Meza are still in effect.

Among the various cases from 2007 were those of journalists Geovanny García and Martín Omar Ramírez who were are under precautionary measures issued by the Inter-American Commission on Human Rights. In September 2007, Geovanny García was shot by unidentified persons. He left the country shortly afterwards and has still not returned. During the same month, Martín Omar Ramírez received telephone death threats against himself and his family.

On November 1, 2007, the director of the Radio Cadena Voces station, Dagoberto Rodríguez, left the country after being informed by the police that a group of paid assassins were trying to kill him. He returned to Honduras several months later.

Journalists Renato Álvarez from Channel 63, Rossana Guevara from TN5 of Channel 5, and Sandra Maribel Sánchez, the news coordinator for Radio Globo, reported having received recent threats, all related to their journalistic activity.

Principle 9 of the Declaration of Principles on Freedom of Expression refers also to intimidation and threats against members of the media, indicating that: "It is the duty of the State to prevent and investigate these crimes, punish their authors, and assure adequate compensation to the victims."

Because of the information it has received and the concern it has generated, the Special Rapporteur’s Office urges Honduran authorities to pursue an effective investigation of the cases involving threats and attacks against journalists in order to identify and punish those responsible. Investigating threats is one of the ways of protecting the people who have been victims of the threat and creating the necessary climate for the full guarantee of the freedom of expression. The Special Rapporteurship also urges the Honduran government to provide effective protection for the physical integrity of persons who have been threatened.

3.                   Legislation on Defamation, Libel, and Slander

The 2005 Honduran Supreme Court decision to repeal the crime of "desacato" (contempt) was an important step forward for freedom of information in the country, and the Special Rapporteur’s Office considers it equally necessary for Honduras to modify the articles of its Criminal Code related to the crimes of defamation, libel, and slander, and their related laws. This, taking into account that according to the standards of the Inter-American System of Human Rights, the criminal sanction of "offenses to honor and reputation" related to the dissemination of information on matters of public interest is not considered proportional in a democratic society. Allowing criminal procedures in cases of public interest information removes incentives for the investigation and discussion of matters relevant to society and inhibits criticism, thus impacting negatively on democracy.

Principle 10 of the Declaration of Principles on Freedom of Expression indicates: "[…] The protection of the reputation of a person should be guaranteed only through civil sanctions in the cases in which the offended party is a public official or a public or private citizen that has voluntarily engaged in matters of public interest. Furthermore, these cases must prove that in disseminating the news, the journalist intended to cause harm, or was fully aware that he or she was spreading false information or that he or she behaved in a negligent manner in confirming the veracity of the information."

The Office of the Special Rapporteur observed that in Honduras criminal complaints are used against journalists who report on matters of public interest. While it is known that most of these criminal proceedings against journalists do not result in their imprisonment, and that some of the charges have been dismissed, the simple act of initiating a criminal procedure ends up intimidating the journalist being charged as well as other journalists, who may censor themselves in order to avoid being subjected to a similar process. The Special Rapporteur’s Office emphasizes that journalists provide a service that is fundamental to democracy and that they have the right to do their job without concern that they may be subjected to criminal proceedings and threatened with prison sentences or other ancillary punishments. 

Given these considerations, the Special Rapporteur’s Office urges Honduras to modify the articles of the Criminal Code related to the crimes of defamation, libel, and slander, and related laws and rules, in order to eliminate criminal sanctions related to "offenses to honor or reputation" which arise from the dissemination of information on matters of public interest. The protection of honor and reputation in these cases should take place through the right to correction or response and through proportional civil sanctions issued in proceedings that take into account the parameters of Principle 10 of the Declaration of Principles on Freedom of Expression.

4.                   Access to Information

Access to information is a human right that is part of Article 13 of the American Convention on Human Rights, which guarantees freedom of thought and expression. In this respect, among the elements and guarantees that should be considered in the legal regime of access to information is the principle of maximum disclosure, which establishes the presumption that all information is accessible, except when it is subject to a legitimate system of restrictions based on limitations allowed by the American Convention (rights or reputation of others; national security; public order; and public health or morale). For a denial of information to be considered legitimate, the government should respond in writing to the party soliciting the information and specify the reasons and legal bases for which it is justifying the restriction.

The Special Rapporteur’s Office recognizes the progress that was made in December 2006 when Honduras the Law on Transparency and Access to Information was authorized, and later with the creation of the Institute for the Access to Public Information. The current government promoted the passage of this law, and according to the information received, it is also actively promoting its instrumentation. During the visit, the Special Rapporteur’s Office was informed of the creation of more than 70 positions for officials in charge of processing requests for information from different institutions of the government.

At the same time, according to the information provided, Articles 17 (on designating information as "classified" or "secret") and Article 39 (on information covered by law) could be susceptible to restrictive interpretations that would impede the effective exercise of the right to have access to information.

The Special Rapporteur’s Office believes that the next step in this area consists of issuing the rules and regulations necessary for the implementation of the Transparency and Access to Information Law and in adopting administrative practices consistent with international standards on the matter in order to guarantee for all people the effective exercise of the right of access to information.

5.                   Mandatory Association of Journalists 

It is of concern to the Special Rapporteur’s Office that Honduran legislation still makes membership in a professional association or guild mandatory for journalists to exercise their profession. As the Inter-American Human Rights Court has indicated, mandatory association of journalists violates the freedom of expression guaranteed in Article 13 of the American Convention on Human Rights: "The exercise of professional journalism cannot be separated from the Freedom of Expression. On the contrary, both things are clearly intertwined, since the professional journalist is not, nor can he be, anything other than a person who has decided to exercise the freedom of expression in an ongoing, consistent, and remunerated way."

The Special Rapporteur’s Office recalls that Principle 6 of the Declaration of Principles on Freedom of Expression states that: "All people have the right to communicate their opinions through any means or form. The obligatory association or requirement of titles for the exercise of journalistic activity is an illegitimate restriction of the freedom of expression."

As a result, the Special Rapporteurship calls on Honduran authorities to repeal all laws that imply the mandatory association of journalists as a requirement for exercising their profession, in order guarantee in this way the full exercise of the freedom of expression in the country.

6.                   Government Advertising

Principle 13 of the Declaration of Principles on Freedom of Expression states that the arbitrary and discriminatory assignment of government advertising with the objective of punishing or awarding media outlets according to their editorial line is a violation of the freedom of expression and should be expressly prohibited by law.

The power that governments have to decide on where to place their advertising should be exercised based on objective and transparent criteria. Government advertising is an important source of income for some media outlets. Its improper use could negatively affect the free dissemination of information of public interest and the democratic control that a duly informed society could exercise over the administration of government.

The Special Rapporteur’s Office urges the government to adopt legislation and administrative policies that require objective and transparent criteria for the placing of government advertising.

7.                   Spots for Government Programming ("Cadenas")

In May 2007, the Special Rapporteur’s Office learned that the President of the Republic had ordered all radio and television stations in the country to simultaneously air, on a particular schedule, government programming and interviews with public officials in order to "counteract the disinformation of the media" about the work of the government. The announcement generated widespread public debate in society, and various social organizations, media groups, and journalists rejected the idea of these "cadenas," or government programming spots.

The Special Rapporteur’s Office emphasizes that, according to the information gathered during its visit to Honduras, this government programming was implemented for a few weeks, but was not continued as a result of the public debate mentioned previously.

8.                   Government-Media Relationship

It is public knowledge that government officials and members of the media are criticizing each other on the issue of how best to fulfill their respective roles in society. The government claims that the media does not report on the good work of the government and that it uses its informational spaces to express opinions against the government.

The Special Rapporteur’s office would like to emphasize that a broad tolerance for the criticism of all actors who are part of the public debate is important in a democratic society. Freedom of expression should be guaranteed not only in terms of the dissemination of information and ideas that are favorably received or considered inoffensive or neutral, but also when it comes to ideas that offend, are unwelcome, or that disturb the government or any sector of society, because these are the requirements of pluralism, tolerance, and the spirit of openness necessary for democracy.

High level officials of the government play an important role in building spaces of tolerance and democratic coexistence and should therefore be especially careful about the impact their statements may have on the freedom of expression and on other human rights such as life and personal integrity. The way the media carries out its work is also a subject of public discussion. Therefore, criticism and judgments made in this framework by public officials or by private citizens should be tolerated as long as they do not lead directly to violence.

9.                   Ethics in Journalism

The Special Rapporteur’s Office would like to say that, that just as it did in its 2003 visit, it has heard the concern of several sectors about unethical practices on the part of some journalists and members of the media who may be motivated by the defense of personal or economic interests or by the desire to disparage the honor of certain people, and that these unethical practices impact the information that forms public opinion. In meetings with the Special Rapporteur’s Office, journalists expressed that one factor that may contribute to this situation is the precarious nature of the working conditions of journalists.

The Rapporteurship reiterates that the media should promote its ethical self regulation through deontological codes, style books, rules for writing, public ombudsmen, and information councils, among other possible mechanisms. But it should be clear that the government should not be imposing the rules of ethical conduct, which are essential in the work of journalists. In this sense, it is important to emphasize Principle 6 of the Declaration of Principles of Freedom of Expression which states that "journalistic activity should be governed by ethical conduct, and should in no case be imposed by governments." 

10.               Pluralism and the Assignment of Radio Frequencies

Pluralism is a fundamental component of the freedom of expression and of democracy and requires the ability to express different opinions through various means of communication and the ability for these views to reach the largest audience possible. The States party to the American Convention on Human Rights should fulfill their international obligations in the area of the freedom of expression. This includes both abstaining from actions that negatively affect pluralism and taking proactive measures to ensure it. One of the situations that negatively affects pluralism is the concentration of the media and public or private monopolies of the ownership of the media.

The Special Rapporteur’s Office believes that it is important for Honduras to take actions such as: enacting laws against monopolies in the ownership and control of media; passing legislation that establishes open, public, and transparent competition for assigning radio frequencies; and giving power to independent agencies to make decisions on these matters.

Tegucigalpa, February 14, 2008

For more information on the Special Rapporteur’s Office: http://www.cidh.org/relatoria 

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