Special rapporteurs, including OSCE Representative, issue joint declaration on free expression and responses to conflict situations

RIGA, 4 May 2015 – OSCE Representative on Freedom of the Media Dunja Mijatović today issued a joint declaration on “Freedom of Expression and Responses to Conflict Situations” together with special rapporteurs on free expression from the United Nations (UN), the Organization of American States (OAS) and the African Commission on Human and People’s Rights.

“This declaration affirms the right of people to freely express themselves without fear of retribution by state and non-state actors,” Mijatović said. “Indeed, states have an affirmative duty to protect people in their exercise of their free-expression rights even in situations of armed conflict or the threat of terrorism.”

The declaration also addresses the requirement that any restrictions on freedom of expression meet a three-part test under international human rights law, namely that it is provided for by law, it serves to protect a legitimate interest recognized under international law, and is necessary to protect that interest.

The special rapporteurs also stated, among other things, that “untargeted or ‘mass’ surveillance is inherently disproportionate and is a violation of the rights to privacy and freedom of expression.”

“This wide-ranging declaration sets forth the basic principles that are required for societies to live openly turning times of crisis,” Mijatovic said. “Free expression is an inherent part of democracies.”

The joint declaration is available at www.osce.org/fom/154846.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.