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Commission on Human Rights
58th session
16 April 2002




STATEMENT OF Mr. ABID HUSSAIN

Special Rapporteur on the
Promotion and Protection of the
Right to Freedom of Opinion and Expression



Presenting his reports (E/CN.4/2002/75, E/CN.4/2002/75/Add.1 and Add.2) to the fifty-eighth session of the Commission on Human Rights (Item 11c).


A. Introduction

1. Thank you Mr. Chairman for giving me this opportunity to introduce this year's report consisting of the main document (E/CN.4/2002/75) and two addenda.

B. Violations

2. During the year under review, more than 1'900 allegations were received and handled. While violations of the rights to freedom of speech and assembly occur more frequently in situations of armed conflict and civil unrest, they do also occur repeatedly in emerging democracies and in countries with long-established democratic institutions. The majority of violations relate not only to media professionals, but also to members of political groups, trade unions, human rights defenders, etc. In most cases, national security and the argument of Anecessity@ are invoked by the authorities to justify infringements of these rights. Yearning for order is legitimate but it should be remembered that when demand for order overrides considerations of human rights, States are likely to become mechanisms of terror and well springs of human decency dry up. Since all violations occur within the State it is for the State to set them right.

C. Other lessons

3. This year's report also deals with issues of racism, broadcasting, internet and the events of 11 September.

4. In the main report I have emphasized that fight against racism and other discrimination is crucial, it should be fought and won, but it is also imperative that a balance is struck between the right to freedom of speech and the need to curb hate speech. One should not be at the expense of the other. In this respect, I wish to draw your attention to a joint statement annexed to my report, which encourages promotion of tolerance through education, training and self-regulation and not through censorship.

5. As regards print media, broadcasting and Internet, my report stresses that these are extremely important instruments of communication and their freedom should not be curtailed. President Madison had aptly concluded that though the press was checkered with abuses but it is better to leave a few of the presses noxious branches to their luxuriant growth, then by pruning them away, to injure the vigour of those yielding the proper fruit. This holds equally good for broadcasting and internet too.

6. My report also deals with the tragedy of 11 September. It is my view that, if terrorism is to be fought, the human rights implications of measures adopted by States to counter it should be kept in focus lest the measures take a life of their own and induce a setback to human progress. Some of the measures adopted by certain States in the aftermath of 11 September are a cause of concern. They have serious negative implications and may lead to more brutality and repression. In this regard our annexed joint statement may be seen. Remedy, Mr. Chairman, should not be worse than the disease.

D. Visits

7. Mr. Chairman, during the year under report, I undertook a visit to Argentina. I noted that the right to freedom of opinion and expression is well respected in that country, and that positive steps were being taken to promote its protection and realization. I however cautioned the authorities that the deteriorating economy of the state may be the undoing of human rights. I also noted in my report that there were still incidents arising against journalists which needed to be looked into. Harassment of the local newspaper AEl Liberal@ in the Province of Santiago del Estero came to our adverse notice and I pleaded with the authorities to have it stopped. I hope progress in the meantime has been made.

8. Visits to Sri Lanka and Egypt though scheduled for the year had to be postponed due to certain unavoidable circumstances. I am sure that these missions will take place during 2002. Invitations to visit Colombia, Equatorial Guinea, Guatemala, Indonesia and Peru have been extended to me. These visits may materialize soon.

E. Seminars and Conferences

9. During the course of the past year, I have also participated in a number of seminars and conferences, which enabled me to speak out the message of my mandate and to focus on the right to information in South and South East Asia.

10. Mr. Chairman, last year I had raised the issue of access to information in the respect of HIV/AIDS, and, invited all Governments and concerned organizations to send me information on their programmes and policies. An in-depth analysis of information provided will be undertaken when additional responses are received.

11. Mr. Chairman, allow me also to stress that continually new technological issues are emerging with impact on the right to freedom of opinion and expression. These would require vigilant watch and supervision from a human rights perspective. These must promptly be brought to the attention of the Commission seeking its guidance for corrective action.

F. Collaboration and Cooperation

12. I am happy to report that in the last three years, unprecedented collaboration has been developed between my mandate and the mandate of Special Rapporteur on freedom of expression of OSCE and OAS. This collaboration has proved useful. Recently we adopted a joint declaration focusing on the events of 11 September and on the questions relating to broadcasting and the Internet, annexed to my main report.

13. Similarly, I have benefitted from close cooperation with UNESCO's Programme for Freedom of Expression and I regularly participated in their annual meetings organized on the occasion of the World Press Freedom Day.

14. Mr. Chairman, I must also pay my tribute to the NGOs for their support and cooperation. They have become an integral part of human rights regime. They provoke, energize and spearhead our concerns, which can not adequately be done by bureaucratically and politically constituted organizations. In particular, I would like to thank Article 19, Reporters Without Borders and the IFEX, for their valuable support.

15. A fair minded analysis would recognize the beneficial aspects of my mandate, but the right to freedom of opinion and expression is still infringed in many parts of the world. However the silver lining is that there are courageous men and women who stand up against odds to defend the Freedom of Speech and Expression. Their undying commitment is our great asset and is best expressed by a Pakistani poet who is most revered in India.

"I grieve not that you have robbed me of my pen and paper
For I have dipped my fingers in the blood of my heart
I write on.
I grieve not that you have sealed my lips
For I have put my tongue
In each loop of my chain
And I speak on."

16. Mr. Chairman, since at the end of this session, I will be laying down my office as Rapporteur, let me end by expressing my sincere gratitude to you and the Commission for the support provided to me throughout my tenure. I shall cherish the time I spent here and challenges shared with you. I bid farewell to you. Goodbye.

Thank you, Mr. Chairman.