SRFOE welcomes with gratification Colombia's presidential directive on duties of authorities on freedom of expression

September 9, 2024

Washington D.C. - The Office of the Special Rapporteur for Freedom of Expression (RELE) of the Inter-American Commission on Human Rights (IACHR) welcomes the signing of the Presidential Directive of the State of Colombia on the duties of public officials in the exercise of freedom of expression and respect for freedom of the press. This instrument establishes clear and pertinent guidelines to optimize the implementation of the State of Colombia's international obligations regarding freedom of expression, particularly with regard to the interaction between the executive branch and journalism, in line with the standards of the Inter-American human rights system on the matter.

The presidential directive is the result of a technical advisory process provided by RELE to the Colombian State in response to a request received in April 2023, and represents a significant advance in the protection and promotion of freedom of expression in the country. This process focused on strengthening guarantees for freedom of the press, in accordance with the recommendations made by the IACHR in its report on its working visit to Colombia in 2021. The findings of RELE's monitoring indicated that the stigmatization of the press persisted as a key challenge to the guarantees for the exercise of journalism. Consequently, technical assistance was not only maintained, but its scope was expanded during the IACHR's on-site visit in April 2024, which was reflected in the preliminary observations to the visit.

During this process, the Rapporteurship held meetings with state authorities and civil society organizations, and participated in various public and closed events. The purpose of all this was to learn about the state of freedom of expression and press freedom in the country and to promote the adoption of inter-American standards in this area. Likewise, the Rapporteurship conducted listening sessions with journalists, which allowed it to know the main concerns of the press about the situation of freedom of expression in the country. These actions allowed for an in-depth understanding of the phenomenon and an analysis of the alternatives for dealing with it in accordance with Inter-American standards.

The Rapporteurship welcomes the willingness of the Colombian State to move forward in the adoption of positive measures aimed at fostering an enabling environment for freedom of expression. In the framework of this initiative, it is essential to underscore the importance of the role played by state agents in preserving a climate conducive to public debate. The consistent jurisprudence of the Inter-American Court of Human Rights has established that public officials, by virtue of their position as guarantors of fundamental rights, are subject to a heightened standard of due diligence when issuing public statements.

The speeches of public officials should contribute to the creation of an environment of pluralism of information. While in certain circumstances they have the duty to speak out on matters of public interest, their speeches should avoid any form of undue restriction on the free flow of ideas and information, or increase the risk to the life and integrity of journalists.

The Office of the Special Rapporteur emphasizes that Colombia is the first State in the hemisphere to adopt an instrument of this nature, which represents a significant advance in the region. This positive step must materialize in concrete actions that guarantee a safe and conducive environment for the practice of journalism. With this presidential directive, the State of Colombia advances in the implementation of the recommendations of the Inter-American system on freedom of expression.

Within the framework of its powers established by the IACHR, the Office of the Special Rapporteur for Freedom of Expression expresses its willingness to continue working closely with the Colombian State in the implementation of this and other complementary measures that strengthen guarantees for freedom of expression, the excellence of journalism, and the right of society to stay informed.

The Office of the Special Rapporteur for Freedom of Expression (RELE) is an office created by the Inter-American Commission on Human Rights (IACHR) to encourage the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.

No. R211/24

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