By Toby McIntosh
The United Nations appears unlikely to support two proposals to decrease violence against journalists, according to officials at the UN and nongovernmental organizations.
Secretary General António Guterres is opposed thus far to appointing a “special representative” on the safety of journalists or to creating a criminal investigation unit, the sources said.
In response to a query from eyeonglobaltranspaency.net, the SG’s office promised a reply, saying initially that “the language is being looked at in light of legal considerations.”
In addition, EYE has learned that a draft resolution on the safety of journalists being prepared for General Assembly adoption contains no significant proposals for new UN activities.
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Political Will Seen as Lacking
Courtney Radsch, advocacy director for the Committee to Protect Journalists (CPJ), said, “It’s unlikely we are going to see anything on the UN level, given that we have yet to see any real response to the report on Jamal Khashoggi.” That report, by UN Special Rapporteur Agnes Callamard, called for an intensified UN probe into the murder of Washington Post journalist Jamal Khashoggi in the Saudi Arabian consulate in Turkey.
“We need political will from the SG and the Group of Friends,” said Radsch, referring to the coalition of 21 UN member states (out of 193) known as the Group of Friends for the Protection of Journalists. Created in 2016, the group is co-chaired by the UN ambassadors of France, Greece and Lithuania.
Efforts to reach all three delegations went unanswered, but EYE obtained an early version of the General Assembly resolution on safety of journalists that was drafted by Greece.
New Assembly Resolution Being Drafted
The draft resolution is largely based on the GA’s resolution of Dec. 19, 2017, but with a few additions — chastising politicians who denigrate the press and suggesting the creation of special investigatory units at the national level.
Possibly the most controversial language would put the GA on the record as being “Alarmed at instances in which political leaders, public officials and/or authorities denigrate, intimidate or threaten the media, including individual journalists, which increases the risk of threats and violence against journalists and undermines public trust in the credibility of journalism.” It later urges them to refrain from such behavior.
Still being negotiated, the draft resolution again asks states to do more “to develop and implement more effectively legal frameworks for the protection of journalists and media workers.”
The new one goes further by suggesting “the creation of special investigative units or independent commissions, the appointment of a specialized prosecutor and the adoption of specific protocols and methods of investigation and prosecution.”
The new resolution is updated throughout to be more sensitive to gender issues and to new kinds of threats, such as “government-sponsored hacking” and “denial of service attacks.”
Two UN Reform Ideas Proposed
The draft resolution does not address the recommendations to create a new UN investigatory unit or appoint of a Special Representative on the safety of journalists.
These two ideas, not necessarily contradictory, have been made as stronger UN responses to the increased level of violence directed at journalists and media workers.
Seventy-two organizations, mostly media groups, have endorsed a petition, begun in 2015 by Reporters Without Borders (RSF), calling for the Secretary General to name a “Special Representative” on media violence in order to raise the level of attention to the issue and coordinate UN activities.
The second proposal, by Callamard, calls for the creation of for a criminal investigation unit to examine murders of journalists. This was one of several proposals she made in June 2019 proposal in conjunction with her finding that Saudi Arabia “is responsible” for Khashoggi’s death.
Response to More Attacks, Impunity
The desire among media groups for the United Nations to do more has grown with the increasing numbers of attack on journalists.
At least 99 journalists were killed around the world in 2018 and 41 so far this year, according to UNESCO. Legal impunity for perpetrators is the norm, with less than 1 in 10 cases leading to a conviction, according to a 2018 UN report. (See UNESCO’s database and 2019 report, CPJ’s database in killings and its Global Impunity Index, and the International Press Institute’s Death Watch.)
The UN’s efforts in the area include not only multiple resolutions and protest statements over specific situations, but also a variety of substantive programs.
The 2012 UN Plan of Action of the Safety of Journalists and the issue of impunity provides a policy framework. The UN in 2018 created an internal network of “focal points” on the media safety within the main UN bodies. Goal 16 of Agenda 2030 for Sustainable Development Goals includes indicators on violence against journalists to gauge states’ progress. The SG’s Aug. 18, 2019, 13-page report on the safety of journalists provides a good overview of UN activities.
Guterres in 2018 named his senior advisor Ana-Maria Menéndez as his point person on safety of journalists, a move that media group officials say has provided them a place to bring their concerns, but is inadequate.
More needs to be done by the UN to reinvigorate and better coordinate its media-related efforts, according to several published commentaries and interviews with UN officials and outside observers.
Political Will in Doubt
Guterres is unlikely to act more boldly without strong interest from member countries, observers said.
“The center of gravity has shifted a bit,” was the understated observation of one media group leader. With many world leaders openly hostile to the press, pressure for UN action appears well below the boiling point.
“There is clearly some strong political obstruction within the UN system” from member states, said Jeremy Dear, Deputy General Secretary of the International Federal of Journalist which advocates for a UN Convention on the Protection of Journalists and Media Professionals. The convention idea has other supporters, but is considered a long shot.
Some countries, Dear said, “… have put pressure on other states not to host meetings, not to take part in events etc.” He said, “The SG reaction has been neither positive nor negative at this stage in our experience.”
So despite determination, a jaded weariness exists among advocates heading into Nov. 2, which the UN proclaimed as the International Day to End Impunity for Crimes Against Journalists.
Callamard Urges Creation of Criminal Probe Unit
The best way to fight impunity is to counteract the too often weak national investigations with better investigations, according to Callamard, who spoke with EYE.
In a 99-page Annex to her June 19 report to the UN Human Rights Council on Khashoggi’s murder she called for creation of a criminal investigation unit to probe instances of violence against journalists and human rights activists. In UN lingo, this is “a Standing Instrument for the Criminal Investigation into Allegations of Targeted Killing.”
Callamard believes that such UN probes could gather information for national prosecutors or form the basis for action by an international body. “We can’t fight impunity if we don’t have the evidence,” she said.
The fate of her concept may already have been hinted at by the UN’s failure to adopt her recommendation for a specific UN criminal probe of Khashoggi’s execution, but she is continuing to develop the idea in advance of doing more advocacy. “I am getting more interest in the concept,” she said.
The path forward remains unclear, particularly in the absence so far of member state supporters.
The SG has not addressed the proposal. UN spokesperson Stéphane Dujarric in June stated: “The secretary-general does not have the power or authority to launch criminal investigations without the mandate of a competent intergovernmental body.” Quoted in a Pass Blue article, he said, “Power and authority to do that lie with member states.”
Callamard acknowledged some objections, saying said people to whom she has presented the idea “have been reluctant, for some good reasons – do we need another instrument, who is going to pay for it, and can’t we proceed with the existing mechanism.”
Callamard Planning to Elaborate on Proposal
Callamard said she intends “to elaborate a bit more on what that instrument will look like and what it will perform.”
She has suggested that the investigator could be located with other similar UN offices, such as that of the International Impartial and Independent Mechanism (IIM) or the Secretary General’s Mechanism for Investigation of Alleged Use of Chemical and Biological Weapons.
“We know for experience that impunity begins with a poor investigation,” she said. “What’s striking is when you ask the police to share what they have about the killing, it is usually extremely limited.”
The UN isn’t currently prepared to conduct such investigations, she said, agreeing that the cost of such probes might limit their number, possibly to four a year initially.
“So at this point,” Callamard said, “I am more interested in strengthening the proposal rather than rushing to advocate for it.”
Rapid-Response Task-Force Also Proposed
Callamard also advocates a slightly different mechanism, a “rapid-response task-force on safety, prevention and protection.”
Such a task force that could be deployed by the UN High Commissioner for Human Rights (OHCHR) under its “special procedures” authority. Besides Callamard, three other special rapporteurs have portfolio’s related to the safety of journalists (see OHCHR website page).
She envisions short country visits by a team of rapporteurs. Besides Callamard, three other special rapporteurs have portfolio’s related to the safety of journalists (see OHCHR website page).
“Very targeted intervention” in response to a specific incident could result in “a proper and effective response from the authorities,” Callamard said.
OHCHR has not responded to a request for comment on Callamard proposals directed its way.
“A Lot of Resistance” – Callamard
Callamard has said her proposal for a standing UN investigatory mechanism is meeting “a lot of resistance” from within the UN.
It has gained key supporters outside the UN system, but as yet has little traction with member countries or top UN officials.
“The community is behind it, but we have to be realistic,” observed CPJ’s Radsch, “Any UN process is going to take a long time.”
The lack of comment from the Group of Friends for the Protection of Journalists is being noticed.
“We see relatively little from the Group of Friends,” said one close observer of the process, who stressed, “You need to have the member states lead the initiative.”
UK Panel Could Endorse Investigatory Concept
Callamard’s proposal could get a boost from a High Level Panel of Legal Experts set up by the UK government to work on media safety issues.
Amal Clooney, the international human rights lawyer who in June of 2019 was named by the UK government as its special envoy on media freedom, supports Callamard’s proposal to remedy what she called “a large accountability deficit,” according to an interview in The Guardian.
Clooney is deputy chair of the High Level Panel and has predicted it will support creation of the investigatory mechanism that Callamard recommended.
The panel is considering “a model for an international investigative team that can be deployed where the territorial states is unwilling or unable to do so effectively.” Other topics include best practices regarding targeted sanctions, for asylum and visas, and for providing safe refuge. Another idea under study is asking states to take a “transparency pledge” regarding arrests and trials of journalists.
In September, the UK announced formation of a Media Freedom Coalition, with 32 governments as members. They have signed the Global Pledge on Media Freedom that the UK and Canada opened for signature at a two-day Global Conference for Media Freedom they co-hosted in London in July 2019. “Signatories take on a commitment to take action to improve media freedom and the safety of journalists at home and abroad.”
Skeptics note that some of the attendees, such as Mexico and Tanzania, are notably hostile places for journalists. And the actions of the UK and Canada ring a little hollow to officials of some media groups, who questioned why the two countries have not taken bilateral steps such as sanctioning other governments for tolerating violence against the media or revising asylum rules to benefit journalists under threat.
Media Groups Seek Appointment of Special Representative
Another approach to raise the profile of attacks on the media has been pushed by the Reporters Without Borders (RSF) and others since 2015 with little success.
Seventy-two signatories, mostly media groups, have endorsed a petition asking the Secretary General to create a Special Representative for the safety of journalists (SRSJ), something he could theoretically do unilaterally, but more likely he would want Security Council approval for.
Christophe Deloire, the French journalist who has been secretary-general and executive director of RSF since 2012, spoke in favor of such a position at a Sept. 25 at a forum on media freedom in New York on fringes of the GA meeting.
A lot of UN resolutions on media safety have been adopted, he said, “but there is no concrete implementation mechanism.’’
Establishment of a “central and permanent position under the UN Secretary General (UNSG) aegis would significantly empower all UN efforts on this issue,” according to a February 2018 document (see PDF at bottom).
The Special Representative could and act as “a systematic and rapid alert mechanism” for the SG and the Security Council, RSF said, and encourage a “harmonized strategy.”
An investigatory role also is envisioned, too.
“On-site visits and meeting victims and witnesses,” could be one function. RSF continued: “The SRSJ can approach local support missions, peacekeeping missions, UN special envoys and collaborate with them in a given country. He can request a special mandate from the UNSC, and appointed to this effect, directly and personally undertake on-site investigations.”
Secretary General, Others, Have Misgivings
The Secretary General, is doubtful about this idea, according to a knowledgeable UN official, largely because the UN is under enormous pressure on finances and it would cost money to create.
He would prefer to use existing structures, the UN official said, and diplomacy by regional UN officials.
Several veteran UN observers who work on freedom of expression issues criticized the RSF proposal as well-meaning but essentially symbolic.
The close association with the SG would allow a Special Representative “less political room to maneuver,” one source said. The appointee would lack the independence of someone selected by the UN High Commissioner for Human Rights (OHCHR) under a “special procedures” authority.
OHCHR appointees could undertake country visits, send communications to governments, convene expert panels, engage in advocacy activities, as well as report to the General Assembly.
One long-time UN observer from the media world said a Special Representative would be “a bureaucratic mistake,” potentially muddying responsibility for UN media programs.
Another person interviewed asked whether, instead of spending money on a new office, it wouldn’t be better to improve existing UN efforts.
Looking for more feasible alternatives, one media person suggested creation of a high-level panel to integrate and invigorate existing UN media programs.
Reviews of Existing UN Programs Urged
Short of creating new positions, there are multiple suggestions for reviewing existing UN efforts and doing further research.
Callamard suggested “a comprehensive international review of best practices in the investigation, assessment and/or response to threats and risks and of the underlying national and international legal framework, including laws and jurisprudence.”
She urged an examination of steps taken towards implementing prior UN recommendations related to the safety of journalists and the safety of women human rights defenders and women journalists.
An August 2018 report by the UN High Commissioner for Human Rights summarized the efforts underway not only in various UN offices, but also more broadly, such as by the Council of Europe (see 2018 report) and the Inter-American Commission on Human Rights.
The 2018 report endorsed “enhanced involvement of United Nations entities in the Plan of Action beyond UNESCO and OHCHR and better coordination, cooperation and collaboration among them (including through the United Nations focal points system), greater sharing of information and good practice, expansion of regional initiatives to new regions, greater monitoring and reporting by existing regional bodies, and sufficient resources.”
The report recommended an independent, “far-reaching,” evaluation of the multiple programs for the protection of journalists and their effectiveness.
The report’s suggestions were based on a 2017 summary of consultations conducted by UNESCO and OHCHR that highlighted a need to translate international norms into national policies and practices, to create stronger synergies between the relevant UN agencies, to strengthen mechanisms at the national level that deal with prevention of, protection against and prosecution for crimes against journalists, and particularly regarding women.
The SG’s August 2019 report summarizes UN activities, but with only a few general conclusions directed at the UN.
It says UN agencies “should continue to engage actively in the implementation of the Plan of Action and assess how further impact can be achieved through their actions.” It also says, “The United Nations should continue to integrate the safety of journalists and the issue of impunity in its strategies at the country level, including through integration into the development plans under the 2030 Agenda for Sustainable Development.”
CIMA Report Faults UNESCO
A detailed study from outside the UN released in September 2019 found that “the various relevant UN system bodies haven’t adopted a systematic, cooperative approach to media support, despite the inherent efficiencies and potential for impact of a coordinated longer-term approach.”
The critical report was prepared by Bill Orme, an author, editor, and independent consultant specializing in media development and strategic communications. He currently works as an advisor to the European Union, the United Nations, and the Brussels-based Global Forum on Media Development, with a focus on the access-to-information provisions in the UN’s Sustainable Development Goals. His report was underwritten the CIMA, the Center for International Media Assistance, a US government-supported organization.
Orme wrote primarily about UN media training projects,” which he said “have too often tended to be generic one-off exercises, with insufficient local consultation, and little sustained follow-up after the initial peacekeeping intervention, local election, or other aid-precipitating event.”
In a comment relevant to getting national governments to do better at protecting journalists, Orme said the UN hasn’t consistently drawn on the best policy advice on legal frameworks for free media. “UNESCO’s lack of field presence is one contributing factor, but more important is that there is no proactive obligation on UN country teams and their leaders—from special representatives of the secretary general and UN resident coordinators on down—to incorporate UN normative principles or specialized experts into local media development projects.”
He observed, “Yet in societies where authorities are distrustful of or openly hostile toward independent journalism, UN officials and agencies are unlikely to sponsor or advocate for meaningful media development initiatives.”
UNESCO Experiencing Budget Cuts
Orme also detailed budget cuts occurring at UNESCO.
A significant financial blow came in October 2017, when the Trump administration announced its withdrawal from UNESCO, ending about one-fifth of UNESCO’s income.
“As a result, the total allotted budget for Freedom of Expression and Media Development dropped from $23.6 million for the two-year biennium’ budget of 2016–2017 to $20.9 million in 2018–2019, even as demands on the division increased, with its new monitoring responsibilities under the SDGs and an expanding UN program for safeguarding the physical and digital security of working journalists,” according to Orme.
He point out that “substantial recent extra-budgetary donations from some UNESCO member states (Sweden in 2018 announced a four-year donation of some $48 million to the agency) have helped to plug this funding gap.
Sweden’s pledge represents the largest contribution to date to a new UNESCO Multi-Donor Program on Freedom of Expression and Safety of Journalists, which is also supported by Norway and Switzerland.
In July, UNESCO announced the one-year project in partnership with the Swedish Postcode Foundation to tackle threats faced by women journalists, both online and offline, with a focus on four countries: India, Sri Lanka, Mali and Senegal.
The United Kingdom and Canada in July pledged ($3.8 million and $765,000 respectively over five years) to a Global Media Defence Fund that will help journalists access legal assistance and training.
