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UNITED NATIONS

HUMAN RIGHTS
COUNCIL
Agenda- Journalistic
rights with special
reference to the Charlie
Hebdo Incident
Prashant Rao- Chairperson
Madhav Kapoor- Vice
Chairperson
Sitara Srinivas- Rapporteur
NCSMUN2015
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Everyone has the right to freedom of opinion and


expression; this right includes freedom to hold
opinions without interference and to seek, receive
and impart information and ideas through any
media and regardless of frontiers.
Article 19 of the Universal Declaration of Human
Rights
Media freedom and access to information is
necessary for achieving the development objective
of empowering people. Empowerment is a multidimensional social and political process that helps
people gain control over their own lives. This can
only be achieved if people have access to accurate
and unbiased information, representing different
opinions and the means to actively communicate
vertically and horizontally, thereby participating in
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the active life of the community. Freedom of


expression is integral to other civil and political
rights such as the right to take part in public
affairs. It is important for a citizen to take informed
decisions. Equally, the right to freedom of
expression impacts on social and cultural rights
such as the right to education.
The Declaration of Windhoek is a statement of free
press principles put together by newspaper
journalists in Africa during a UNESCO seminar on
"Promoting an Independent and Pluralistic African
Press" in Windhoek, Namibia, from 29 April to 3
May 1991.
This document calls for free, independent,
pluralistic media worldwide, characterizing free
press as essential to democracy and as a
fundamental human right.
Over the last decade, the UN System has discussed
the necessity to protect reporters as they attempt
to do their jobs. In 2006, the Security Council met
to discuss violence against journalists in conflict
situations. The Security Council, concerned about
an increase in crimes committed against
journalists, unanimously adopted a resolution
condemned such acts and reaffirmed the rights
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bestowed to journalists in war zones under the


Geneva Conventions.
The following year, UNESCO convened a
conference in Medellin, Colombia, to explore and
discuss the role of the organization to protect
journalists more effectively to commemorate World
Press Freedom Day in 2007. Delegates to the
conference drafted what is now known as the
Medellin Declaration, which calls upon member
states to examine claims of violence perpetrated
against journalists, to allow journalists to carry out
their work without fear of reprisal, violence or
persecution and to recommend multi-stakeholder
dialogues between states, media groups and nongovernmental organizations (NGOs) to reduce the
risk of harm against journalists and their staffs.
Additionally, the declaration places an obligation
on media groups and journalists themselves to
increase public awareness of crimes perpetrated
against journalists with the hope that a greater
amount of knowledge would allow for a reduction
in overall crimes.
On May 25th, 2009 48 editors-in-chief and leading
journalists from 19 countries adopted and signed
the "European Charter on Freedom of the Press" in
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Hamburg. In ten articles, the charter formulates


principles for the freedom of the press from
government interference - in particular for their
right to safety from surveillance, electronic
eavesdropping and searches of editorial
departments and computers, and to unimpeded
access for journalists and citizens to all domestic
and foreign sources of information.

UN Plan of Action on the Safety of Journalists, a


2011 document outlined the plans of the UN
System on promoting and affirming freedom of
press. It recognised that investigating crimes
against journalists remains the responsibility of
Member States, the acts of violence and
intimidation (including murder, abduction, hostagetaking, harassment, intimidation and illegal arrest
and detention) are becoming ever more frequent in
a variety of contexts.
However, there appear to be more and more
limitations on the right to expression and freedom
of media. Bloggers, Journalists, Activists and
novelists are often jailed or worse they have been
kidnapped and killed by terrorists for the things
they write and say, often under false accusations of
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other crimes. Newspapers are censored, websites


blocked, and book and other publications carefully
monitored. Moreover, laws have been introduced
whose overly broad provisions allow for arbitrary
interpretation to the detriment of that right, or
which in other ways restrict this fundamental right.
While journalists must be protected during times of
conflict (i.e., not being targeted by militias for
violent acts), they must also be protected during
times of peace (i.e., not being allowed to report
certain stories based on outside pressures).
According to Reporters Without Borders (RSF) an
advocacy group championing free press, journalists
fear retaliation and hence find it difficult to carry
out their jobs freely.
The 2014 World Press Freedom Index spotlights the
negative impact of conflicts on freedom of
information. The ranking of some countries has
also been affected by a tendency to interpret
national security needs in an overly broad and
abusive manner to the detriment of the right to
inform and be informed. This trend constitutes a
growing threat worldwide and is even endangering
freedom of information in countries regarded as
democracies.
According to the Committee to Protect Journalists
(CPJ), 1,080 journalists have been killed worldwide
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since 1992, with the conflict in Iraq, including the


latest violence throughout the region, claiming 166
journalists lives over the past 22 years. Non-state
groups constitute the main source of physical
danger for journalists in a number of countries. The
militias fomenting chaos in the new Libya and
Yemeni armed groups linked to Al-Qaeda in the
Arabian Peninsula are leading examples of this
privatization of violence.
Al-Shabaab in Somalia and the M23 movement in
Democratic Republic of Congo both regard
journalists as enemies. Jihadi groups such as Jabhat
Al-Nosra and Islamic State in Iraq and the Levant
(ISIS) use violence against news providers as part
of their drive to control the regions they liberate.
While covering the conflict in Syria, two journalists
James Foley and Steven Sotloff were
kidnapped7 and later executed by militants
allegedly part of the Islamic State of Iraq and the
Levant (ISIL, also known as ISIS and IS) group. Both
were freelance reporters.
Armed conflict and war are not the only things that
threaten the safety of journalists, however.
Organized crime is a fearsome predator for
journalists in many parts of the world, especially
Honduras, Guatemala, Brazil and Paraguay, but
also Pakistan, China, Kyrgyzstan and the Balkans.
The passivity or indifference often shown by
authorities towards crimes of violence against the
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media, or sometimes even their connivance or


direct involvement, reinforces the impunity enjoyed
by those responsible and fuels the cycle of violence
against news providers.

The safety and protection of journalists are longlasting issues and even though many policies and
resolutions have been voted, it hasnt been with
great success. Indeed, 2012 and 2013 have been
two of the most deadly years since 1992, with 70
deaths in 2013. The situation is worsening in some
parts of the worlds, which greatly alarms the
international community.
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The deaths of these journalists are often linked to


the lack of press freedom in some countries,
especially if journalists keep on reporting
regardless. Political organisations that control the
press and that dont want journalists snooping
around can sometimes kill these journalists.
Notably, the threat posed by non-state actors such
as terrorist organizations and criminal enterprises
is growing. This requires a careful consideration of
the differing needs of journalists in conflict and
non-conflict zones, as well as of the different legal
instruments available to ensure their protection.
Female journalists also face increasing dangers,
highlighting the need for a gender-sensitive
approach. In carrying out their professional duties,
they often risk sexual assault, whether in the form
of a targeted sexual violation, often in reprisal for
their work; mob-related sexual violence aimed
against journalists covering public events; or the
sexual abuse of journalists in detention or captivity.
Furthermore, many of these crimes are not
reported as a result of cultural and professional
stigmas.
While journalists must be protected from physical
acts of violence, they must also be protected from
censorship or muzzled reporting, for such acts are
just as damaging to their overall safety. Throughout
the world, laws exist that prohibit open criticism of
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heads of state, be they foreign or domestic. While


such a trait is usually believed to be found only in
states with more totalitarian regimes such laws and
restrictions stand in the way of legitimate
journalistic reporting that may highlight
information or goings-on that are critical toward
the head of state in question, which is detrimental
to transparency and stifles the ability for persons
to express themselves freely, contravening the
UDHR. According to Reporters Without Borders,
China failed to improve its ranking because,
despite having an astonishing vital and
increasingly militant blogosphere, it continues to
censor and jail dissident bloggers and journalists.
This new power is also using its economic might to
extend its influence over the media in Hong Kong,
Macau and Taiwan, compromising their
independence.

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CASE STUDIES

WikiLeaks:
Wikileaks, a website created by Julian Assange,
containing over 250,000 documents that are
considered classified by the respective state
governments released a video of the US military
Apache helicopter strike in Baghdad, which killed
two Reuters employees, among others, in 2007.
The Army says it was a crime. The Australian-born
hacker turned fugitive political activist has
launched a crusade predicated on the idea that
nearly all information should be free and that
confidentiality in government affairs is an affront to
the governed. WikiLeaks "tries to make the world
more civil and act against abusive organizations
that are pushing it in the opposite direction," he
said. While there are countries that are still
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vehemently against Assange and WikiLeaks, there


are countries that have appealed against the arrest
of Assange.
The News of the World Scandal or the
Hackgate:
News of the World (NOTW), the British Sunday
tabloid which was owned by Rupert Murdoch's
News International, has been involved in a scandal
since 2007. In 2011, credible allegations of the
tabloid being involved in the hacking of the
voicemail of a missing thirteen year old girl (who
was later found murdered) emerged, making the
scandal spread like wild fire. When the scandal
rocketed to an international level, Murdoch had
admitted to willful blindness towards the phone
hacking operations, and was deemed unfit to lead
any major enterprise. Ongoing investigations have
led to arrests of several people associated with the
scandal.
Charlie Hebdo: the debate about freedom of
expression
Charlie Hebdo is a French satirical weekly
newspaper that has never spared anyone or
anything, from politics to religion, including Islam.
On 7 January 2015, the magazines Paris newsroom
was attacked. Twelve people were killed, including
four prominent cartoonists. According to almost all
reports, the attack occurred because of the
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treatment of the image of Mohammed in some


cartoons. "We have avenged the prophet," one of
the murderers allegedly said. The attack was
interpreted as a threat to the freedom of the press
in general and of satire in particular.
To tell the story to their readers, newspapers
worldwide were faced with a choice: to publish the
relevant cartoons, because of journalistic necessity
and at the same time as a message in favour of
free expression, or to limit themselves to a
description of the relevant cartoons - as they are
considered too "controversial," and/or to respect
their editorial policy regarding the publication of
any material which some of their readers might
find offensive. The issue has led to a discussion
about satire and its boundaries.

STATISTICS

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80
70
60
50
40

Motive Unconfirmed
Motive Comfirmed

30
20
10
0

BIBLIOGRAPHY
1.
2.
3.
4.

http://www.un.org/en/events/pressfreedomday/background.shtml
www.thessismun.org
www.fhsmun.org/.../FHSMUN36/UNESCO-Protection-Journalists.pdf
http://www.pressfreedom.eu/en/index.php

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5. http://www.journalismfestival.com/news/charlie-hebdo-the-debate-aboutfreedom-of-expression/
6. UN Plan of Action on the Safety of Journalists:
http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/pdf/official_docum
ents/UN_plan_on_Safety_Journalists_EN.pdf
7. mopmun.weebly.com/uploads/9/4/8/3/.../mopmun_2013_unsmp.pdf
8. http://rsf.org/index2014/en-index2014.php
9. http://content.time.com/time/magazine/article/0,9171,2034488-1,00.html
10.https://cpj.org/killed/

ISSUES TO BE ADDRESSED/ GUIDING QUESTIONS


Q. Does your country have legislation ensuring freedom of the press and
freedom of expression? Does your country have "shield laws" that protect the
confidentiality of sources journalists use in their reporting?
Q. How does your country rank on various indices measuring freedom of the
press?
Q. Does your country have a healthy culture of Internet users who
independently report on news stories through media such as blogs and other
social networking sites?
Q. Does the phone hacking scandal abuse the freedom given to the media? If
yes, where should one draw the boundary line to the given freedom?
Q. Are the laws pertaining to the freedom of the media and press clear? If no,
what law should be exercised to define a boundary to this freedom?
Q. How does one and when does one become justified in saying that his/her
privacy has been infringed upon?
Q. Is censorship by the government a solution to protect privacy and
national secrecy? If no, what alternate solution can be adopted?
Q. Introduction of new ideas and possible future solutions
Q. Is Freedom more important than Security?
Q. Is it ever right for a government to restrict freedom of speech/expression?
Q. Should magazines publish cartoons of religious leaders and symbols?
Q. Is WikiLeaks a vigilante or a global peace and security threatening
organisation? Does its founder (Julian Assange) deserve extradition or
freedom?
Q. Does the world press have the right to dename/defame any religion?
(Charlie Hebdo)
Q. Is it right for organisations to make public secrets of state and get off scot
free?

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