கவனிக்க: இந்த மின்னூலைத் தனிப்பட்ட வாசிப்பு, உசாத்துணைத் தேவைகளுக்கு மட்டுமே பயன்படுத்தலாம். வேறு பயன்பாடுகளுக்கு ஆசிரியரின்/பதிப்புரிமையாளரின் அனுமதி பெறப்பட வேண்டும்.
இது கூகிள் எழுத்துணரியால் தானியக்கமாக உருவாக்கப்பட்ட கோப்பு. இந்த மின்னூல் மெய்ப்புப் பார்க்கப்படவில்லை.
இந்தப் படைப்பின் நூலகப் பக்கத்தினை பார்வையிட பின்வரும் இணைப்புக்குச் செல்லவும்: Reporting on Human Rights in Sri lanka

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Reporting on Human Rights in Sri Lanka
A handbook for media profess

Reporting on Human Rights in Sri Lanka
k for media professionals

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Reporting on Human Rights in Sri Lanka
A handbook for media profe

Reporting on Human Rights in Sri Lanka
ok for media professionals

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Editorial Team : Deborah Muir, Uvindu Kurukulasuriya, Asanga Welikala, Sunanda Deshapriya
Cover photo : Anuruddha Lokuhapuarachchi
Layout : Suganthi Manimaran
This hand book is a joint publication of the Centre for Policy Alternatives (CPA) and the International Federation of Journalists (IFJ). It is published with the support of the European Commission.
Centre for Policy Alternatives (CPA) 24/2, 28th Lane, Off Flower Road, Colombo - 07 Tel : + 94 112 565305 Fax : + 94 11 4714460 Email : media@cpalanka.org Website : www.cpalanka.org
International Federation Journalists (IFJ) Asia Pacific Office 245, Chalmers Street Redfern NSW 2016 Australia Tel : +61 2 933 0999 Fax : +61 2 9333 0933 Email : ifj@ifj-asia.org Website : www.ifj.org
ISBN : 978-955-1655-40-2
Contents
Acknowledgments
Acronyms
Preface By J
Introduction Aim Con expr
Chapter 1 Why
righ Jour repo of ri of c ever
Chapter 2 Wha
Uni Cov on Inte imp Fun the imp the S
Chapter 3 How
Inte Crim
Chapter 4 Wha
jour Lim spee Prot
Chapter 5 Hum
Poli Cou Ethn disa

Contents
owledgments
yms
ce By Jacqueline Park Director IFJ Asia-Pacific
duction Aims and overview,
Conflict , Other rights abuses, Freedom of expression, What to do
ter 1 Why are journalists concerned with human
rights? Journalists and human rights, Human rights reporting in Sri Lanka, Alerting people to abuse of rights, What tools do journalists need?, Codes of conduct and training, Human rights touch every area of life
ter 2 What are human rights?
Universal Declaration of Human Rights, Covenant on Civil and Political Rights, Covenant on Economic, Social and Cultural Rights, International Bill of Human Rights, Other important instruments, Treaties are not enough. Fundamental Rights recognised by the law and the Constitution of Sri Lanka (1978), some important fundamental rights cases decided by the Supreme Court
ter 3 How human rights are supposed to be enforced International Court of Justice, International Criminal Court
ter 4 What human rights instruments say about
journalism Limitations on freedom of expression, Hate speech, Journalists, defamation and privacy Protection of sources, Journalists in court
ter 5 Human rights reporting
Police and military, People in detention Courts, Reporting on children, Women’s rights, Ethnic minorities and refugees, People with disabilities, General and specialist reporters

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Acknowledgments
Reporting on Human Rights in Sri Lanka is adapted from material by the International Federation of Journalists and research condu Lanka by the Centre for Policy Alternatives under the Hear Th Human Rights and the Media in Sri Lanka programme, suppor European Commission. The main sources for the adaptation ar Human Rights Reporting: A handbook for journalists in South-east and Reporting on Human Rights in Africa.
Partners include the Free Media Movement, the Federation Employees Trade Unions, the Sri Lanka Working Journalists’ A the Sri Lanka Tamil Media Alliance and the Sri Lanka Muslim Me collectively representing about 5000 journalists across Sri Lanka
Acronyms
CERD : Committee on the Elimination of Racial Discrimination CPA : Centre for Policy Alternatives CRC : United Nations Convention on the Rights of the Child EC : European Commission FMETU: Federation of Media Employees Trade Unions FMM: Free Media Movement ICCPR: International Covenant on Civil and Political Rights ICESCR: International Covenant on Economic, Social and Cultu ICRC: International Committee of the Red Cross IDPs: Internally displaced peoples IFJ: International Federation of Journalists LTTE: Liberation Tigers of Tamil Elam NGO: Non-government organisation SAARC: South Asian Association for Regional Cooperation SLMMF: Sri Lanka Muslim Media Forum SLRC: Sri Lanka Rupavahini Corporation SLTMA: Sri Lanka Tamil Media Alliance SLWJA: Sri Lanka Working Journalists’ Association UN: United Nations

adapted from material developed ists and research conducted in Sri ves under the Hear Their Voices: ka programme, supported by the s for the adaptation are the IFJ’s journalists in South-eastern Europe
ment, the Federation of Media orking Journalists’ Association, e Sri Lanka Muslim Media Forum, nalists across Sri Lanka.
Racial Discrimination
Rights of the Child
Trade Unions
and Political Rights
omic, Social and Cultural Rights d Cross
ts
ional Cooperation
e
ssociation

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Preface C
onflict and the abuse of human rights are a significant fa the lives of many individuals and communities across Sri As observers of their society, journalists in Sri Lanka bear w every day to the terrible human rights violations that accompany c civil strife, deprivation and economic, social and political inequity journalists in Sri Lanka are committed to peace-building and def the rights of all people in their communities. However, it is also t that gross violations continue in an environment where much of the is either passive in its approach to reporting or is a partisan instrum propaganda that conceals or justifies rights abuses committed by a of actors.
Journalists need to work to the highest standards to ensure citizens have access to the fair and accurate information they need t with regard to what is happening in their society and to call their p leaders to account. To fulfill this duty, journalists need a way of w that does not depend on the whims of politicians or media owner need to follow standards that give them a degree of independen that make their work relevant and significant. By basing their work the human rights of ordinary people, journalists have objective cri which to judge the performance of governments and other power-h including business, police, courts and all state institutions.
Human rights include the right to life, the right to freedom of exp the right to freedom from fear, the rights of minorities and of ma the right not to be exposed to violence in the home, the right to edu the right of people under arrest to be treated fairly, the right to a fa the right of people with disabilities to respect as a person, and the all people to be treated with fairness and equality. Human rights c the relationships between majorities and minorities and set stand protect the weak against the strong.
These standards have been debated and agreed in international Governments around the world have signed international human agreements, including the Government of Sri Lanka. Journalists observe how governments incorporate and apply human rights sta within local legal systems. Many people do not know their righ journalists can help to inform them via their day-to-day coverage events and issues in which ordinary people are interested: emplo health, crime, punishment, education, sport and even fashion.

HUMAN RIGHTS REPORTING
ghts are a significant factor in ommunities across Sri Lanka. alists in Sri Lanka bear witness tions that accompany conflict, l and political inequity. Many eace-building and defending s. However, it is also the case ent where much of the media or is a partisan instrument of abuses committed by a variety
t standards to ensure that all nformation they need to know ciety and to call their political nalists need a way of working icians or media owners. They degree of independence and t. By basing their work around lists have objective criteria by ents and other power-holders, ate institutions.
right to freedom of expression f minorities and of majorities, home, the right to education, d fairly, the right to a fair trial, ct as a person, and the right of uality. Human rights concern inorities and set standards to
agreed in international arenas. d international human rights Sri Lanka. Journalists should apply human rights standards o not know their rights, but ir day-to-day coverage of the e are interested: employment, t and even fashion.
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PREFACE
2
Journalists can also deliver by focusing their cameras an ordinary people. In helping pe journalists and the media ca strengthen their ability to stand a real understanding of rights a promote opportunities for pea for conflicts emerging fro misinformation. Journalists and in the rights of ordinary people audience and greater respect.
Reporting on Human Rights in developed by the International Fe in Sri Lanka by the Centre for Po the European Commission (EC), evolved internationally, how th practical suggestions for putting work. Examples of human righ are derived from Sri Lanka, S organisations will use this handb and to organise training around At the same time, the IFJ b quality journalism if journalists the rights of others, journalists many countries, including Sri L they do not have the security o payment, they are subject to un newsroom that undermines th and independent media who s corruption and other forms of of being threatened, beaten or k IFJ and its partners in Sri Lanka on professional issues and st journalists’ own social and em work without the risk of violen
Journalists do not have to c and those of the public. By do the other.

nalists can also deliver on people’s right to freedom of expression sing their cameras and their reporting to a greater extent on people. In helping people to understand better their own lives, sts and the media can help individuals and communities to en their ability to stand up for their rights. Quality reporting and derstanding of rights and the conditions in which people live can opportunities for peaceful coexistence and reduce the potential flicts emerging from misunderstandings, rumours and rmation. Journalists and media institutions that ground their work ghts of ordinary people in their communities will achieve a wider e and greater respect. rting on Human Rights in Sri Lanka, which is adapted from materials ed by the International Federation of Journalists (IFJ) and uses research nka by the Centre for Policy Alternatives (CPA), with the support of pean Commission (EC), looks at how human rights instruments have internationally, how they should be applied within countries, and l suggestions for putting human rights at the centre of a journalist’s xamples of human rights abuses and some cases of improvements ved from Sri Lanka, South Asia and elsewhere. It is hoped that tions will use this handbook to stimulate discussion in the newsroom rganise training around the issues raised.
e same time, the IFJ believes that there cannot be free and high- ournalism if journalists are treated badly and underpaid. To defend ts of others, journalists must be able to defend their own rights. In untries, including Sri Lanka, journalists may be illegally employed, not have the security of contracts, they sometimes do not receive t, they are subject to unfair dismissals, and there is pressure in the m that undermines their independence. Courageous journalists ependent media who seek to report the truth about the conflict, on and other forms of inequity in Sri Lanka face the very real risk threatened, beaten or killed with impunity. For these reasons, the ts partners in Sri Lanka advocate strong associations that can work essional issues and strong trade unions which can deliver on sts’ own social and employment rights, including their right to ithout the risk of violent repercussions. nalists do not have to choose between defending their own rights se of the public. By doing one they strengthen their ability to do r.
Jacqueline Park Director IFJ Asia-Pacific

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Introduction
Aims and overview The aim of this handbook is to identify the central importance of h rights in the everyday work of journalists and to make clear how a based approach to reporting has a positive influence in raising standards, defending press freedom and encouraging the cond for dialogue that promote conflict resolution and peace-bu Reporting on Human Rights in Sri Lanka addresses why journalist Lanka need to know about human rights, in particular the rig women, children and ethnic and other minorities, and the chal on this front for journalists, editors and publishers. It is intende tool for journalists and media institutions to assist them in their public watchdogs and defenders of basic human rights.
The handbook was developed as part of the Media for Dem programme of the International Federation of Journalists (IFJ) to pr a democratic media that in turn supports the human rights individuals, including the rights of journalists. The programme is on several key principles: That public and media scrutiny of the e of political power is essential in a democratic society; that medi must align with international standards and be construc consultation with journalists; and that journalists and media o have a duty to work to the highest standards and are responsible up structures for effective self-regulation.
The United Nations says that upholding human rights is the foun of freedom, justice and peace. It follows therefore that whereve is a lack of freedom, or there is injustice and conflict, human right been breached.
The right to life and safety are fundamental to the individua freedom of expression may also be considered fundamental, beca its absence it is virtually impossible to advance and protect other h rights. Without free expression, human rights violations c unreported and those who violate the rights of individuals an harm communities can act with impunity. For this reason, the pre of the United Nations Declaration on Human Rights puts the r speak out on centre stage.

HUMAN RIGHTS REPORTING
n
central importance of human nd to make clear how a rights- ve influence in raising media encouraging the conditions lution and peace-building. dresses why journalists in Sri ts, in particular the rights of inorities, and the challenges ublishers. It is intended as a to assist them in their role as human rights.
f the Media for Democracy of Journalists (IFJ) to promote rts the human rights of all lists. The programme is based media scrutiny of the exercise ratic society; that media laws rds and be constructed in urnalists and media owners rds and are responsible to set .
uman rights is the foundation herefore that wherever there d conflict, human rights have
ental to the individual. But ered fundamental, because in ance and protect other human an rights violations can go ghts of individuals and thus . For this reason, the preamble man Rights puts the right to
3

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Introduction
4
As the watchdogs of governm institutions have an essential r and upholding human rights priority for independent qual of power-holders, journalists a and reduce rights violation perpetrators. Journalists are a national, regional and interna fight to restrain arbitrary and
Human rights are a significa diplomacy. Even the most bru try to hide their abuses and pu world. International assista embarrassing sanctions or emb leaders behave in terms of hum behave. Journalists and the m perceptions.
The handbook incorporates journalists and 40 civil society o views on human rights and th in metropolitan print media w worked with national non-go as some United Nations or in journalists considered themsel and related violations, but a sufficient awareness of interna A smaller number felt they k groups and the root causes of S Human Rights in Sri Lanka is d focusing on priority human rig standards, professional appro of the media in building com and appropriate sources of inf
Conflict The most obvious challenge to return to war in mid-2006 an from a ceasefire with the Lib early 2008. Every day, the fun

watchdogs of government and power, journalists and media ions have an essential role to play in speaking out and defending holding human rights. Human rights reporting should be a for independent quality journalism. By exposing the excesses er-holders, journalists and media institutions can help to address duce rights violations by putting public pressure on the ators. Journalists are also a necessary source of information for l, regional and international human rights organisations that restrain arbitrary and violent behaviour.
rights are a significant factor in international politics and acy. Even the most brutal regimes or opposition groups tend to ide their abuses and put forward a positive profile to the outside International assistance and protection from costly and assing sanctions or embargoes often depend on how a country’s behave in terms of human rights, or how they are perceived to . Journalists and the media are a key element in shaping such ions.
ndbook incorporates the results of a survey of about 100 ists and 40 civil society organisations in Sri Lanka regarding their n human rights and the media. The journalists mainly worked opolitan print media while the civil society respondents mostly with national non-government organisations (NGOs), as well e United Nations or intergovernmental agencies. Many of the ists considered themselves well informed on basic human rights lated violations, but a big proportion admitted to a lack of nt awareness of international human rights laws and standards. ler number felt they knew too little about different minority and the root causes of Sri Lanka’s ongoing conflict. Reporting on Rights in Sri Lanka is designed to assist them in their work by g on priority human rights issues, international conventions and ds, professional approaches to diversity in journalism, the role edia in building community awareness about human rights, propriate sources of information for journalists.
flict
st obvious challenge to human rights in Sri Lanka is the country’s to war in mid-2006 and the Government’s formal withdrawal ceasefire with the Liberation Tigers of Tamil Elam (LTTE) in 008. Every day, the fundamental rights of people caught up in

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the war are violated and international human rights agreemen breached as a matter of course. The violations are especially inte people caught in the most conflict-intense areas in the North an Among civilians, the most basic individual right to life and to sa under attack from all sides. More than 200,000 people are shelte camps for the internally displaced, where food, health, educatio safety are in short supply. Another 15,000 people have fled their to seek refuge in India. Warring parties, including government se forces, the LTTE and the Karuna group (an armed group that spl the LTTE and cooperates with government forces) recruit boys an aged under 18 to fight their bloody battles.
Ethnic tensions and conflict are at boiling point. Disappearances, a on civilians and random death are common. Official restri intimidation and outright murder limit the free flow of critic factual information about the conflict and journalists are attack threats and physical assault because of their efforts to get the sto As free expression is stifled, hate speech has gained prominence, fu a vicious cycle of rights violations.
Other rights abuses However, violations of the rights of Sri Lankans occur not only context of two decades of conflict. Beyond the war zone, report human rights issues should be considered an essential compon the everyday work of journalists and media institutions. Report human rights is about a whole spectrum of abuses and not only mass murder or war crimes. Discrimination against various g (women, people with HIV, homosexuals, and on the basis of rel beliefs), the exploitation of child labourers, and censorship ar important territory for journalists reporting from a rights- perspective.
In the CPA survey, both journalists and civil society represen felt the main human rights issue facing Sri Lanka was discrimi against minority groups, and that this issue was underrepor commonly misreported. Journalists highlighted problems in rep on discrimination against minority groups, noting that the issu most likely to be reported in the context of conflict and terrori their own workplaces, most of the journalists said their organisations did not provide strategies or campaigns to rais awareness about non-discrimination at work.

HUMAN RIGHTS REPORTING
uman rights agreements are ions are especially intense for e areas in the North and East. al right to life and to safety is 0,000 people are sheltering in e food, health, education and people have fled their homes cluding government security n armed group that split from t forces) recruit boys and girls s.
oint. Disappearances, attacks mmon. Official restrictions, the free flow of critical and d journalists are attacked via eir efforts to get the story out. s gained prominence, fuelling
ankans occur not only in the d the war zone, reporting on d an essential component of dia institutions. Reporting on of abuses and not only about tion against various groups , and on the basis of religious ers, and censorship are also orting from a rights-based
civil society representatives ri Lanka was discrimination issue was underreported or ighted problems in reporting ps, noting that the issue was of conflict and terrorism. In urnalists said their media or campaigns to raise staff ork.
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Introduction
6
Other human rights issues concerned freedom of expressio (IDPs), torture allegations a accorded to child soldiers, disc to employment, food and cle the most underreported issue groups. For civil society it was was torture, followed by gend
Freedom of expression The constitutions of most cou but there are many cases where or where its freedom has bee facilitates this political pressur favours to evade legal restrict paid back. Media ownership concern about the connection constitutes a serious threat to editors-in-chief and owners, political pressure. The ordina since his or her legal position i work illegally without regula find other, prima facie legal, wa example by allocating public media.
What to do Human rights are rights for e very active role in raising awa Journalists and media instituti to provide fair and critical an causes of problems and possib the standpoints of all partie organisations that work direct
Reporting on human rights is n also about encouraging aware implementation. Journalists c on a wide range of issues, fr soldiers, to positive actions tak society organisations, to th

human rights issues prioritised by the survey respondents ed freedom of expression violations, internally displaced peoples torture allegations and missing persons. Less priority was d to child soldiers, discrimination in regard to gender, and access loyment, food and clean water. The respondents diverged on st underreported issues after discrimination against minority . For civil society it was gender discrimination while for media it ture, followed by gender discrimination.
dom of expression
nstitutions of most countries recognise freedom of the media, e are many cases where media has been used for political reasons re its freedom has been restricted. The media itself sometimes es this political pressure. There are cases where the media seeks to evade legal restrictions, favours which one day have to be ack. Media ownership is often non-transparent and there is about the connection between media and politicians, which tes a serious threat to media freedom and independence. It is -in-chief and owners, or editor-owners, who collaborate with l pressure. The ordinary journalist has no choice but to obey is or her legal position is not protected by law. Many journalists legally without regular working contracts. Governments also er, prima facie legal, ways to control and manipulate media, for e by allocating public service advertisements only to favoured
t to do
rights are rights for everyone, and journalists need to play a tive role in raising awareness about them and protecting them. ists and media institutions need to get their facts right, and then ide fair and critical analysis. Journalists should investigate the of problems and possible solutions. They should report fairly on ndpoints of all parties and cooperate with the civil society ations that work directly on rights issues.
ing on human rights is not only about violations and abuses. It is out encouraging awareness of rights and highlighting positive entation. Journalists can take a rights perspective in reporting ide range of issues, from campaigns against the use of child s, to positive actions taken by authorities, to the activities of civil organisations, to the ways in which ethnically diverse

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communities cooperate. Such topics, of course, should be appro with the same professional standards as any other story.
Finally, journalists should not only ask governments and power-h what they are doing about a problem, but they need to take the t investigate whether there is a comprehensive legal framework that international standards. Journalists should know the law and rep gaps in legislation. In improving their own knowledge o commitment to human rights, journalists will together impro quality of media reporting, generate open debate, and suppo strengthening of democratic processes and peace-making in Sri L

HUMAN RIGHTS REPORTING
ourse, should be approached
ny other story.
ernments and power-holders t they need to take the time to ve legal framework that meets d know the law and report on ir own knowledge of and ts will together improve the en debate, and support the d peace-making in Sri Lanka.
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8
Chapter 1 Why are journalists concerned with hum rights? T
his may seem a trivia in the front line of th the journalist who wr risks jail by exposing arbitrary abuse and exploitation of child profession. Journalists are cap universal, shared by friends between fundamental rights an politicians. Even in closed soci a light on injustice and repress abuses alert the public and cre
What we might call “heroic” whole. Most journalists, m overbearing government or ex day-to-day reporting beats s politics, crime, social issues, bu the promotion and defence of Human rights reporting is not is about how people are treat some journalists to be heroic apply a human rights agenda will emerge from a community rights on the day-to-day level
Journalists and human rig The role of the journalist is to sometimes described as a “w when people’s rights are under in power to account and tell the

Chapter 1 Why are journalists concerned with human rights? T
his may seem a trivial question, because journalists are often in the front line of the defence of human rights. We think of the journalist who writes about war crimes, the publisher who il by exposing arbitrary arrests, the reporter who documents the nd exploitation of children as practising the highest form of our ion. Journalists are capable of showing how human rights are al, shared by friends and enemies alike, and can distinguish n fundamental rights and the rhetoric of shallow and nationalistic ans. Even in closed societies, a few journalists always try to shine n injustice and repression. Journalists who expose human rights alert the public and create pressure for change.
e might call “heroic” journalism constitutes a tiny part of the Most journalists, most of the time, are not challenging aring government or exposing gross human rights abuses. Their day reporting beats seem more mundane as they report on , crime, social issues, business, sport, or entertainment. However, motion and defence of human rights is important at this level. rights reporting is not only about exposing large-scale abuse, it t how people are treated in everyday life. Indeed, in order for urnalists to be heroic on a grand scale, all journalists need to human rights agenda in their work. It is unlikely that heroes erge from a community that does not concern itself with human n the day-to-day level.
nalists and human rights
e of the journalist is to report honestly on society. The media is es described as a “watchdog” whose job is to give the alarm eople’s rights are under threat or abused. The media hold people r to account and tell the public how that power is used or abused.

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Human rights standards represent the broad criteria by which people in power should be judged. They are an attempt to set ob minimum standards as to how states should treat citizens a implication, how citizens treat each other. In focusing on the h rights standards, journalists bring society into focus. This is not b there is something noble about a human rights perspective professionally more complete. Human rights reporting is the rep equivalent of having more than one camera angle. It enables the re to examine a situation from different points of view, fro perspectives of all those affected. It therefore gives a more com and more accurate picture.
Journalists find it very difficult to work if people are not free to e themselves and publishers are not free to publish. Human instruments give individuals the rights to freedom of thought and and to freedom of expression. One of the main functions of jour is to help people to achieve these rights. The rights of media and c are mutually supportive. People can only demonstrate their r freedom of expression when publishers, editors and journalists d a broad and pluralistic media.
And publishers, editors and journalists only have a right to pre media freedom in so far as they are willing to use this right to d on people’s right to freedom of expression. Media freedom is th right to be constricted when states start to abuse the human rig their citizens. Journalists resist such restrictions or become profess flabby, passively publishing only what the authorities allow th publish. Journalists who work in this manner become complicit i own imprisonment.
Like other people, journalists have a personal interest in the righ allow them to live in freedom, and to be free from fear or oppre Journalists have families and belong to communities, and so have a personal interest in safety, freedom from fear and freedom repression. The more that journalists are grounded in communiti more they will be aware of human rights restrictions. Good jour are curious about society and can deduce from what they lear most communities want the same things: to be valued as indiv and groups, and be able to grow and develop in safety, witho and with equality of opportunity. One important reason for organisations to achieve diversity in staffing is that journalist

HUMAN RIGHTS REPORTING
road criteria by which those are an attempt to set objective hould treat citizens and, by r. In focusing on the human into focus. This is not because an rights perspective. It is hts reporting is the reporter’s a angle. It enables the reporter t points of view, from the efore gives a more complete
people are not free to express e to publish. Human rights reedom of thought and belief, main functions of journalism e rights of media and citizens ly demonstrate their right to ditors and journalists deliver
nly have a right to press and ng to use this right to deliver n. Media freedom is the first to abuse the human rights of tions or become professionally he authorities allow them to ner become complicit in their
onal interest in the rights that free from fear or oppression. munities, and so have a direct om fear and freedom from rounded in communities, the restrictions. Good journalists ce from what they learn that : to be valued as individuals velop in safety, without fear important reason for news ffing is that journalists from
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CHAPTER 1: WHY ARE JOURNALISTS CONCERNED WITH HUMAN 10
different backgrounds under different communities. A new social diversity of a nation is be in that society.
Human rights reporting in In the CPA survey, a high n thought that the Sri Lankan me on human rights issues gen concerning children, women, well as the conflict. However, a critical factor in incorrect repo Many expressed concern abou children and sensationalist repo focus on human rights issues organisations.
Most of the journalists said th and protecting human rights, a to remain objective and neutr violations, to give a voice to mi minorities.
A high proportion of the jour respondents that media institu measures to provide accura disadvantaged groups.
Most of the journalists thoug reporting on conflict and hum quality controls in fact-checkin in which journalists could infl human rights issues was to be Many wanted to see human prominence in coverage and identifying different angles for all pointed to a need to be p disadvantaged groups.
However, relatively few of th greater access to people in m

ED WITH HUMAN RIGHTS?
t backgrounds understand more acutely the sensibilities of t communities. A newsroom whose composition mirrors the iversity of a nation is better able to monitor human rights abuses society.
an rights reporting in Sri Lanka
CPA survey, a high number of the civil society respondents t that the Sri Lankan media had improved since 2000 in reporting an rights issues generally, and more specifically on rights ing children, women, minority and disadvantaged groups, as the conflict. However, all stressed that lack of balance remained l factor in incorrect reporting, followed by a resort to stereotypes. xpressed concern about publishing the identities of victimised and sensationalist reporting. They generally agreed that a media n human rights issues was very important to the work of their ations.
f the journalists said the media had a role to play in promoting tecting human rights, and they saw their role as being to inform, in objective and neutral, to reduce and prevent human rights ns, to give a voice to minorities, and to alleviate stigma regarding ies.
proportion of the journalists also agreed with the civil society dents that media institutions had not done enough to introduce res to provide accurate, balanced and fair information on
ntaged groups.
f the journalists thought the main step to be taken to improve ng on conflict and human rights issues was to institute better controls in fact-checking. Almost two-thirds said the main way h journalists could influence a change of media culture around rights issues was to become better informed about minorities. wanted to see human rights related reports receive greater ence in coverage and they expressed a desire for assistance in ing different angles for reporting on minority issues. They almost ted to a need to be provided with more information about ntaged groups.
er, relatively few of the media respondents said they wanted access to people in minority groups and NGOs dealing with

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human rights issues. The surprisingly low response on this poin be related to an overall concern within the media about the qua information provided by NGOs and other agencies working on m and human rights issues. Many of the journalists regarde information provided by such entities as limited or only satisfa with a few considering it biased. Clearly, there is a critical ne relationship building between media and civil society represen if reporting on human rights issues is to improve.
Alerting people to rights abuses To be an effective scrutineer the media must have access to inform the resources to investigate and the ability to question peopl power. This means not only a legal and de facto right to questio also the professional commitment and training to do so. It is not e to attend press conferences and write down what you are Journalists question what they are told, and why they are being Obviously a journalist requires skills, for example to understand f and to read a balance sheet, but questioning authority is mainly developing an independent state of mind, and refusing to be ove by the trappings of power. The independence of individual jour also depends on the kind of support they receive from their organisations, as it is difficult for an individual to be independen media owner, or worse still the editor, is compromised. Indepen of the media is a factor not only of the legal framework in a count also of the business, social and political links between the med other forces within society. The relationship between media o governments, political parties and other powerful forces within s can affect this.
The ability of the media to inform people about their rights and abuses depends on its ability to reach the public. At extremes, the cannot deliver if presses are closed, magazines are confisca programmes are jammed. This is not only a factor of circulatio audience figures but also whether coverage is comprehe Newspapers and magazines targeted only on influential metrop audiences, radio stations that broadcast in an “official” lan different from the one people speak at home and TV channels that hours of time to officially sanctioned news, lose potential aud Public service broadcasters and serious newspapers should be of the need to address the whole of their audience, and not be c with a niche audience of those who enjoy studio discussions and p

HUMAN RIGHTS REPORTING
response on this point may e media about the quality of agencies working on minority e journalists regarded the limited or only satisfactory, y, there is a critical need for civil society representatives mprove.
st have access to information, lity to question people with de facto right to question, but ining to do so. It is not enough down what you are told. nd why they are being told it. xample to understand figures ing authority is mainly about , and refusing to be overawed ence of individual journalists ey receive from their news idual to be independent if the compromised. Independence l framework in a country, but links between the media and ship between media owners, owerful forces within society
about their rights and about ublic. At extremes, the media agazines are confiscated or ly a factor of circulation and verage is comprehensive. y on influential metropolitan st in an “official” language e and TV channels that devote ws, lose potential audiences. ewspapers should be aware audience, and not be content tudio discussions and political
11

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CHAPTER 1: WHY ARE JOURNALISTS CONCERNED WITH HUMAN 12
debate. Commercial media, esp be obliged to deliver a well-res service at prime time. Program as older people, women as wel There is, of course, nothing wro it is important to get away from be dull, studio bound and alw of media should partner, rat polices human rights. Put it th of relaxing and probably a backstage, or it can be a wa happening in the lives of the news, does that mean nothing is reporting it?
What tools do journalists n Some journalists at least need a of human rights and to know regulations. They need to know not) in the countries where th human rights can be enforce Journalists also need protection It can take the form of legislatio comes because courts - inclu freedom as vital to democracy can review the actions of gov form of protection is solidarity give to each other, by protesti creating strong and united pr this to work, journalists must media, but also media and jour or style to their own. Increa international dimension, so t outside their country, if they a
Codes of conduct and train The CPA survey highlighted generally do not provide th mechanisms for learning abou serious human rights issues af want codes of ethics, reporting

ED WITH HUMAN RIGHTS?
Commercial media, especially powerful commercial TV, should ed to deliver a well-resourced, independent and vigorous news at prime time. Programmes need to reach young people as well r people, women as well as men, minorities as well as majorities. , of course, nothing wrong with media as entertainment - indeed ortant to get away from the idea that effective journalism has to , studio bound and always serious. But the entertainment value ia should partner, rather than substitute for, journalism that human rights. Put it this way: entertainment can be a good way xing and probably a sign that no catastrophe is happening ge, or it can be a way of distracting people from what is ing in the lives of their fellow citizens. When there isn’t any oes that mean nothing is happening, or does it mean that no one ting it?
t tools do journalists need?
urnalists at least need a working knowledge of the main articles an rights and to know where to go to research specific rights or ions. They need to know how these rights have been enacted (or the countries where they work. They need to know how these rights can be enforced and how abuses can be challenged. ists also need protection. This protection can come in many forms. ke the form of legislation to enshrine press freedom. It sometimes because courts - including international courts - see media as vital to democracy and to providing a forum in which people iew the actions of governments. Perhaps the most important protection is solidarity - the mutual support that journalists can each other, by protesting at each media freedom breach and by g strong and united professional associations and unions. For work, journalists must be willing to defend not only their own but also media and journalists with different politics, ethnic focus to their own. Increasingly, solidarity and protests have an tional dimension, so that journalists can appeal to colleagues
their country, if they are not adequately supported at home.
es of conduct and training
A survey highlighted that media institutions in Sri Lanka lly do not provide their staff with sufficient resources and isms for learning about how to report on the wide range of very human rights issues affecting the country. Journalists need and des of ethics, reporting guidelines and related training.

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Just over half of the media respondents thought a code of eth day-to-day practice was essential to build a media culture in Sri that could contribute effectively to promoting human righ resolving the conflict. An assurance of editorial freedom and pro of reporting guidelines were other important factors, with diver the newsroom considered a less important factor. Almost a appropriate training would allow them to put ethical journalis practice.
But while many of the media respondents said their institutions code of ethics, one fifth was not aware of in-house codes. And half of the respondents who were aware of their institutions’ cod they had received no training on professional ethics. Similarly, just half the respondents said their institutions had guidelines for rep on conflict and disadvantaged groups, but about half of respondents did not have copies. Just 30 per cent had received tr on reporting on conflict or war, human rights and disadvantaged g The two-thirds who said they had received no such training alm wanted it, especially in regard to conflict reporting.
Human rights touch every area of life Journalists have a unique place in the defence of human r Journalism is also interested in every avenue of human life. We ta granted that newspapers, TV and radio stations are concerned matters of state - what the executive is doing, what laws are pas Parliament, the main social issues. But journalism is also abo everyday interests of women, men and children. Publication programmes specialise in agriculture, sport, women’s issues, s embroidery, children, finance, art and every area of technical exp Human rights reporting can become part of the basic train journalists in all areas of interest, not so they can “do good” but they can become more effective reporters.
(i) Policy makers Policy makers - editors in chief, station managers, editorial dir heads of news and so on - have an essential role in sensitisin organisations and staff to their human rights role. They set the a for a broadcasting organisation, publication or agency. They a first line of defence when an editorial line or a story provokes a re They must assess the risks of being taken to court, censored o down. They must judge whether a story will be run even thou

HUMAN RIGHTS REPORTING
thought a code of ethics for a media culture in Sri Lanka omoting human rights and itorial freedom and provision tant factors, with diversity in tant factor. Almost all said o put ethical journalism into
s said their institutions had a f in-house codes. And almost f their institutions’ codes said al ethics. Similarly, just under s had guidelines for reporting s, but about half of these er cent had received training ts and disadvantaged groups. d no such training almost all reporting.
of life
e defence of human rights. ue of human life. We take for stations are concerned with ing, what laws are passed in journalism is also about the children. Publications and ort, women’s issues, science, ry area of technical expertise. art of the basic training of ey can “do good” but so that .
anagers, editorial directors, ntial role in sensitising their hts role. They set the agenda tion or agency. They are the or a story provokes a reaction. n to court, censored or shut will be run even though the
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CHAPTER 1: WHY ARE JOURNALISTS CONCERNED WITH HUMAN 14
advertising manager is warnin who fill these positions have a towards press freedom they w journalists to work for them, a or agency will be effective in th cautious and half-hearted, the editor in chief or station man key human rights instruments to publish. She or he needs r knowledge.
(ii) Senior journalists Below the layer of policy mak journalists who include produ If the reporter is the eyes and newsroom makes sense of tha used. They are often respons their training. They allocate st time to follow up a story. Thes day-to-day content of program in which the journalists work. ensure that specialist reporter sources, retain a correct degree close to the agency on which t
(iii) Specialist reporters For specialists on some report is essential. For example:
● Political and parliamentary the powers of the executive these powers are overstepp what official information continually policing these
● A police reporter needs to k information, official docum watchdog role they need to questioned, who have been reporter may tackle an outb human rights of the victim

ED WITH HUMAN RIGHTS?
sing manager is warning that revenue will be lost. If the people l these positions have a clear attitude towards human rights and s press freedom they will attract the best and most committed ists to work for them, and their newspaper, broadcasting station cy will be effective in the campaign for human rights. If they are s and half-hearted, their output will be bland and spineless. The n chief or station manager needs a working knowledge of the an rights instruments and how these rights relate to the freedom lish. She or he needs rapid access to a lawyer with specialist
dge.
enior journalists
the layer of policy makers comes an influential layer of senior ists who include producers, news editors and chief subeditors. eporter is the eyes and ears of the news gathering process, the om makes sense of that intelligence and decides how it will be hey are often responsible for recruiting editorial staff and for aining. They allocate staff for particular stories and allocate the follow up a story. These senior newsroom journalists shape the day content of programmes and publications and create a culture h the journalists work. They play an important advisory role to that specialist reporters, who develop close links with official , retain a correct degree of independence and do not become too
the agency on which they are reporting.
Specialist reporters
cialists on some reporting beats, an awareness of human rights tial. For example:
tical and parliamentary reporters need to know in detail about powers of the executive and the legislature, and to be vigilant if e powers are overstepped. They should be specialists in knowing t official information they are entitled to receive and be inually policing these rights. lice reporter needs to know her or his rights in relation to seeking rmation, official documents, protection of sources etc. In their chdog role they need to know the rights of people who are being stioned, who have been arrested and who are in custody. A crime rter may tackle an outbreak of violent crime by considering the an rights of the victims and what is done to uphold them. She

Page 19
or he will also be aware of the rights of those who have been ar or convicted of offences.
● The job of the court reporter is not just to present sensational stories from a prosecution perspective but also to monitor w individuals have fair hearings, including the right to ade defence and the right to be tried within a reasonable time. reporters are also responsible for alerting newsrooms when sit in secret or when they issue orders to withhold from publ verdicts, sentences, evidence or the names of witnesses. They s be closely involved with senior editorial staff in discussions challenging such decisions. A court reporter needs to know h independence of the courts is guaranteed.
Other journalists may not consider that they have such “political of work, but they too should be concerned with human rights. In they can have a greater influence on the public because th addressing audiences which may not already be sensitised about h rights issues. For example:
● A fashion journalist can be concerned with the conditions in garments are produced and multinational employment prac
● Children’s media can address the need for young people to forum where they can express their opinions and be heard.
● Sports journalists can report on the pressures on young sportsp the fairness of contracts and issues such as the abuse of drug
● A travel writer can report on exploitation of children in tour
Tourism and rights The World Tourism Organisation adopted a Global Code of Eth Tourism in 1999, but journalists and the media industry appear to little about it, even within the high-profile circles of travel journ
The UN General Assembly officially recognised the code in 200 code states:
“Tourism activities should respect the equality of men and w they should promote human rights and, more particularl individual rights of the most vulnerable groups, notably childr Article 2 (2).

HUMAN RIGHTS REPORTING
those who have been arrested
t to present sensational crime but also to monitor whether ding the right to adequate hin a reasonable time. Court ting newsrooms when courts to withhold from publication es of witnesses. They should ial staff in discussions about orter needs to know how the eed.
ey have such “political” areas d with human rights. Indeed, he public because they are dy be sensitised about human
with the conditions in which onal employment practices. d for young people to have a
inions and be heard. sures on young sportspeople, ch as the abuse of drugs.
ion of children in tourism.
d a Global Code of Ethics for edia industry appear to know e circles of travel journalism.
gnised the code in 2001. The
quality of men and women; nd, more particularly, the groups, notably children ...”
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CHAPTER 1: WHY ARE JOURNALISTS CONCERNED WITH HUMAN
16
“The exploitation of human b especially when applied to chil of tourism and is the negation international law, it should be without concession by the na visited and countries of the pe are carried out abroad.” Articl
For more information on the globalcode.html

ED WITH HUMAN RIGHTS?
ploitation of human beings in any form, particularly sexual, lly when applied to children, conflicts with the fundamental aims sm and is the negation of tourism, as such, in accordance with tional law, it should be energetically combated ... and penalised t concession by the national legislation of both the countries and countries of the perpetrators of these acts, even when they ied out abroad.” Article 2 (3)
re information on the code, see http://tourismpartners.org/ ode.html

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Chapter 2 What are human rights?
“Too often, Governments lack the political will to imp international norms they have willingly accepted ... It i those who most need their human rights protected, wh need to be informed that the Declaration [on Human R exists - and that it exists for them.”
UN Secretary-General Ban Human Rights Day, December H
uman groups, treatment history social and has classes freedom been and driven from other by groups oppression. the desire to achieve of This nations, justi des equality and justice has fuelled social revolutions, indepen movements, the abolition of slavery, and movements to establish rights for women. These social movements have been driven idea that people have rights and are entitled to assert and defen until they are achieved. Some of these movements have been fundamental than others, but many focused mainly on the needs class or section of society.
All societies have power structures, and give some people more and authority than others. In autocracies, or where political po inherited, there is a fault line between those who have rights an who do not. States born out of movements for social justice p freedom from oppression, equality of treatment and the basic ess of life but do not always prove effective at delivering th democracies, power is in theory delegated and controlled by the p But the rich have more power than the poor and people often hav control over those who have political power. Sometimes grou excluded from political and social rights because they are not c or because they belong to the wrong ethnic group or because the disabilities.

HUMAN RIGHTS REPORTING
hts?
e political will to implement llingly accepted ... It is often n rights protected, who also laration [on Human Rights] .”
N Secretary-General Ban Ki-moon n Rights Day, December 10, 2007
y the desire of nations, ethnic groups to achieve justice, fair oppression. This desire for l revolutions, independence movements to establish equal nts have been driven by the led to assert and defend them movements have been more ed mainly on the needs of one
ive some people more power s, or where political power is se who have rights and those nts for social justice promise tment and the basic essentials tive at delivering them. In and controlled by the people. or and people often have little ower. Sometimes groups are because they are not citizens, ic group or because they have
17

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CHAPTER 2: WHAT ARE HUMAN RIGHTS? 18
Universal Declaration of Human Rights: A Summary
The idea that everyone has righ
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit
a jump from demanding just individuals and groups of peo Human rights are the basic and minimum standards of accep individuals, and by implicatio of brotherhood.
Article 1
They set a framework for the The rights belong to everyone -
the rights of communities, soc irrespective of race, colour, sex,
individuals, allow communitie language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 2 The Declaration seeks to guarantee the right to life, liberty and security
over their own destiny. They p and they put all people in an e the rights of individuals and co often excuse human rights abu rights of society. There are al different individuals clash. Thi so useful for journalists becaus Article 3
from more than one viewpoint Freedom from slavery or servitude
Article 4 Freedom from torture, cruel, inhuman or degrading treatment or punishment
Article 5 Equality before the law and remedy when rights are abused
Human rights are universal le and groups against govern fundamental freedoms and h recognised and accepted, and customary international law. A Declaration of Human Rights, u of freedom, justice and peace Articles 6-8
Professor at Nairobi Universi Freedom from arbitrary arrest,
audience of journalists: detention or exile
Article 9 A fair trial
Article 10 Be presumed innocent until proved guilty
Article 11 Privacy and protection against
“Human rights are valu enhance and protect hum standards which def personhood; a human b zombie. Human rights a in terms of defining unfair attacks on reputation
humanness.” Article 12
Reporting H Freedom of movement
Article 13 Continued on facing page

that everyone has rights is a revolutionary one, since it involves from demanding justice for one group, to asserting that all als and groups of people have an equal claim to human rights. rights are the basic and fundamental rights which seek to ensure m standards of acceptable behaviour between the state and
als, and by implication between individuals and groups.
t a framework for the rights and freedoms of individuals, and ts of communities, societies and states. Human rights protect als, allow communities to live in peace and to take some control ir own destiny. They protect individuals from unfair treatment y put all people in an equal position before the law. Sometimes, ts of individuals and communities conflict, while Governments cuse human rights abuses by saying that they are defending the f society. There are also conflicts when the human rights of t individuals clash. This is why a human rights approach can be l for journalists because it allows media to present complexities re than one viewpoint.
rights are universal legal guarantees that protect individuals oups against government actions which interfere with ental freedoms and human dignity. They are internationally sed and accepted, and the most basic rights apply as part of ry international law. According to the preamble of the Universal tion of Human Rights, upholding these rights is “the foundation om, justice and peace in the world”. Kivutha Kibwana, Law r at Nairobi University, put it like this when addressing an e of journalists:
Human rights are values, standards of claims which define, nhance and protect human dignity. Human rights are therefore tandards which define and concretise citizenship and ersonhood; a human being devoid of human rights is a shell, a ombie. Human rights are then those rights that are fundamental terms of defining and reaffirming citizenship and umanness.”
Reporting Human Rights in Africa, IFJ seminar, March 1995

Page 23
All journalists will benefit from reading the relevant interna conventions and treaties occasionally to refresh their sense comprehensive nature of the rights they are trying to defend. If h rights are to be enforced, journalists and the public have to something about them. How many journalists could name, w looking them up, half a dozen rights supported by the Uni Declaration of Human Rights? How many are aware of the South Association for Regional Cooperation’s (SAARC) position on h rights? When rights are reported in a way that relates them everyday reality of people, such rights will become more widely k
In reporting on rights, relativist arguments such as those applied SAARC need to be regarded with a critical eye. In an address SAARC forum in early 2007, Sri Lankan President Mahinda Raja found it sufficient to say that respect for human rights has been in to the great cultural traditions of the sub-continent for millennia in our region, will continue to protect and advance human including economic rights, despite having to struggle with diffe and poverty left behind by centuries of colonial domination Mahinda Rajapaksa’s address, 14th SAARC Summit, New Delhi, 3, 2007 : http://www.saarc-sec.org/main.php )
SAARC countries take the view that human rights are an internal for each member country. However, rhetoric that allows for some or groups to be regarded as more equal on the basis of “tradition economic imperative fails ordinary people. All human beings are The core of human rights is universal. The degree of observa human rights within a country defines the quality of political lead Human rights standards should not threaten political leaders. In adherence to human rights will provide the requisite environm political systems to be stable and sustainable. Strict observance of h rights will guarantee the longevity of a political system and c will more readily accept the legitimacy of administrations th sensitive to human rights. Above all, adherence to human righ improve the quality of the lives of all citizens. (See Human Rights W http://hrw.org/english/docs/2007/03/29/asia15600.htm )
The Universal Declaration of Human Rights The development of human rights instruments in the 20th centu the first attempt to define these rights not for one group or nati

HUMAN RIGHTS REPORTING
g the relevant international o refresh their sense of the re trying to defend. If human d the public have to know nalists could name, without supported by the Universal are aware of the South Asian (SAARC) position on human ay that relates them to the l become more widely known.
s such as those applied within cal eye. In an address to the resident Mahinda Rajapaksa uman rights has been integral continent for millennia. “We, and advance human rights, g to struggle with differences f colonial domination.” (See C Summit, New Delhi, April .php )
n rights are an internal matter ric that allows for some people n the basis of “tradition” and . All human beings are equal. The degree of observance of quality of political leadership. ten political leaders. Instead, the requisite environment for le. Strict observance of human political system and citizens of administrations that are herence to human rights will ns. (See Human Rights Watch: 29/asia15600.htm )
uman Rights
ents in the 20th century was t for one group or nation but
19
Universal Declaration of Human Rights — Summary Continued from facing page
The UDHR seeks to guarantee the right to:
• seek asylum from persecution Article 14
• a nationality Article 15
• marry with ‘free and full consent Article 16
• own property Article 17
• conscience and religion
Article 18
• freedom of opinion and expression Article 19
• peaceful assembly and association Article 20
• take part in government and periodic and genuine elections Article 21
• social security, economic and social rights Article 22
• work, equal pay, fair pay, the right to join a trade union, a limitation on hours of work and paid holidays Articles 22 & 23
• a standard of living adequate for health and well-being, security in times of unemployment, sickness, disability or old age. Special care and assistance for mothers and children
Article 25
• free primary education
Article 26
• share in arts, culture and scientific benefits including protection of intellectual rights Article 27
• social and international order Article 29 www.unhchr.ch

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CHAPTER 2: WHAT ARE HUMAN RIGHTS?
20
for the whole of humanity, and them. It can be argued that it w rights instruments than to imp has achieved a broad consens The Universal Declaration of H Nations in 1948, setting down w and freedoms in just 30 article existence, from the right to “li right to a job and a reasonable
The Declaration identifies rig generalised for groups, such a minorities and the rights of chi the rights of women to equalit the right of adults to a job wit leisure and the right to an ad poverty, with the potential to w of living of the community is not comprehensive. For exam and the rights of people to thei time recognised. But given that is not what the Declaration leav it still seems today. It is an elo of power, mass killings, tortur
We may have become cynical rights by the world’s powers a to work effectively, but it is ha has the freshness of sincerity language, brevity and ease of But it sets the standard for hu on every newsroom wall.
Freedom of speech and belie preamble, along with freedom and liberty are the cornersto freedom of speech is seen as t The preamble affirms that:
“... the inherent dignit of all members of the freedom, justice and pe

hole of humanity, and to set up a machinery designed to protect t can be argued that it was far easier to draw up and agree human nstruments than to implement and enforce them, but the process
ieved a broad consensus that these rights are universal. iversal Declaration of Human Rights was adopted by the United s in 1948, setting down what were regarded as the essential rights edoms in just 30 articles. They cover a wide spectrum of human ce, from the right to “life, liberty and security of person” to the
a job and a reasonable standard of living.
claration identifies rights for individuals, but rights are also ised for groups, such as the rights of women, the rights of ethnic ies and the rights of children and young people. It clearly asserts ts of women to equality, the rights of children to free education, t of adults to a job with a fair rate of pay, the right to adequate and the right to an adequate standard of living. Living free of , with the potential to work to improve the health and standard g of the community is itself a human right. The Declaration is prehensive. For example, the rights of people with disabilities rights of people to their own sexual orientation were not at that ognised. But given that it is now almost 60 years old, the surprise hat the Declaration leaves out, but at how inclusive and relevant eems today. It is an eloquent rebuttal of arbitrary power, abuse er, mass killings, torture and enslavement.
y have become cynical about the lack of commitment to human y the world’s powers and by the inability of the United Nations effectively, but it is hard to be cynical about this Declaration. It freshness of sincerity, and the journalistic virtues of direct ge, brevity and ease of understanding. Has it succeeded? No. ets the standard for human behaviour, and should have a place
y newsroom wall.
m of speech and belief are the first rights mentioned in the le, along with freedom from fear and want. If the rights to life erty are the cornerstones of the human rights charters, then
of speech is seen as the essential tool in achieving them. amble affirms that: ... the inherent dignity and the equal and inalienable rights f all members of the human family is the foundation of reedom, justice and peace in the world.”

Page 25
Disregard and contempt for human rights “have resulted in barb acts which have outraged the conscience of mankind”, while “the a of a world in which human beings shall enjoy freedom of spee belief and freedom from fear and want has been proclaimed highest aspiration of the common people”.
Article 29 says that rights and freedoms can only be limited by l “... for the purpose of securing due recognition and resp the rights and freedoms of others and of meeting th requirements of morality, public order and the general w in a democratic society.”
States cannot uphold one right by infringing another. Article 30 Declaration states:
“... Nothing in this Declaration may be interpreted as im for any State, group or person any right to engage in any a or to perform any act aimed at the destruction of any rights and freedoms set forth herein.”
The Declaration is not a treaty, but it forms part of custo international law and therefore binds all nations. Indeed, it can b that there is an obligation on states to observe human rights in t Charter. In June 1971, the International Court of Justice ruled that Africa’s occupation of South West Africa (now Namibia) was ill based this mainly on arguments about the Charter given to South by the League of Nations after World War I. But it also based its on core values quoting, “... two principles of paramount impo the principle of non-annexation and the principle that the well and development of the peoples concerned formed a sacred t civilisation.” This is sometimes quoted as the first example of the basing a decision on some core human rights, although South continued to plunder Namibia’s mineral deposits until Decembe
The UN has developed a series of organs to protect, promote and m human rights. The central UN body in this regard is the Office High Commissioner for Human Rights (OHCHR), which today mo and reports on human rights situations in particular countr territories, and considers human rights themes worldwide.
The current High Commissioner for Human Rights is Louise Detailed and easily accessible information on the mandate and w

HUMAN RIGHTS REPORTING
s “have resulted in barbarous f mankind”, while “the advent enjoy freedom of speech and has been proclaimed as the ”.
an only be limited by law: e recognition and respect for rs and of meeting the just rder and the general welfare
ing another. Article 30 of the
y be interpreted as implying ight to engage in any activity e destruction of any of the in.”
t forms part of customary nations. Indeed, it can be said erve human rights in the UN urt of Justice ruled that South (now Namibia) was illegal. It Charter given to South Africa r I. But it also based its ruling es of paramount importance: principle that the well-being ed formed a sacred trust of the first example of the court ights, although South Africa eposits until December 1988.
protect, promote and monitor is regard is the Office of the CHR), which today monitors s in particular countries or emes worldwide.
man Rights is Louise Arbor. on the mandate and work of
21

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CHAPTER 2: WHAT ARE HUMAN RIGHTS?
22
the OHCHR can found at: ww the OHCHR “...works to offe different human rights monito system: UN Charter-based bod and bodies created under the made up of independent exp compliance with their treaty o
There are of course many other of human rights. The main inst of the United Nations is the Hu the old Human Rights Comm Rights Council is the Univers rights reports and records of a
In addition, there are seven hu by separate treaties that mo international human rights tre
• The Human Rights Com Covenant on Civil and Po
• The Committee of Econom the International Covenant
• The Committee on the (monitoring the Internatio Forms of Racial Discrimin
• The Committee on the Elim (monitoring the Convent Discrimination against W
• The Committee against To Torture and other Cruel Punishment)
• The Committee on the Convention on the Rights
• The Committee on Migran Convention on the Protect and Members of their Fam
Detailed information on the w http://www.ohchr. HumanRightsBodies.aspx and

CHR can found at: www.ohchr.org. According to the website, CHR “...works to offer the best expertise and support to the t human rights monitoring mechanisms in the United Nations : UN Charter-based bodies, including the Human Rights Council, dies created under the international human rights treaties and p of independent experts mandated to monitor State parties’ ance with their treaty obligations.”
re of course many other UN bodies concerned with the protection an rights. The main institution deriving directly from the Charter nited Nations is the Human Rights Council (which has replaced Human Rights Commission). The main function of the Human Council is the Universal Periodic Review, in which the human eports and records of all UN member-states are reviewed.
tion, there are seven human rights bodies that have been created arate treaties that monitor the implementation of the core tional human rights treaties. These are:
e Human Rights Committee (monitoring the International venant on Civil and Political Rights)
Committee of Economic, Social and Cultural Rights (monitoring International Covenant on Economic, Social and Cultural Rights) e Committee on the Elimination of Racial Discrimination nitoring the International Convention on the Elimination of All ms of Racial Discrimination)
Committee on the Elimination of Discrimination against Women nitoring the Convention on the Elimination of All Forms of crimination against Women)
Committee against Torture (monitoring the Convention against ture and other Cruel, Inhuman or Degrading Treatment or ishment) e Committee on the Rights of the Child (monitoring the nvention on the Rights of the Child)
Committee on Migrant Workers (monitoring the International nvention on the Protection of the Rights of All Migrant Workers
Members of their Families)
d information on the work of all these bodies can be found at: //www.ohchr.org/EN/HRBodies/Pages/ RightsBodies.aspx and related links.

Page 27
Covenants on Civil and Political Rights & Economic, Social and Cultural Rights
It was intended that the Declaration would become the basi universal treaty which states would sign and which would then b legally binding within each country. However, a single treaty cou be agreed, and it took almost two decades to approve the Interna Covenant on Civil and Political Rights (ICCPR) and the Interna Covenant on Economic, Social and Cultural Rights (ICESCR) further decade before they came into force. The General Assem the United Nations adopted both covenants on December 16, 196 ICESCR entered into force on January 3, 1976, and the ICCPR on 23, 1976. The delay in adopting the covenants and the division of in this way reflects ideological differences during the Cold War
It is not easy to decide whether a right is civic and political or eco and social (for example the right to own and pass on prop prominent in both covenants). In general, the ICCPR reflect “individual freedom” approach of the Western capitalist countries the ICCPR reflected the concerns with social security, employme collective rights of the Soviet Union and its allies. However, th covenants are closely related and interconnected and there is a del overlap. It is impossible to achieve “freedom from fear and without the rights in both covenants. The UN General Ass declared in 1950 that “the enjoyment of civic and political fre and of economic, social and cultural rights are interconnecte interdependent”. The covenants add detail to the Declaration, new principles. They both emphasise the equality of men and w and both include the right for all peoples to self-determination.
(i) International Covenant on Economic, Social and Cultu Rights This legally binding treaty contains 31 articles, of which the first out rights and freedoms, and the final 16 provide details of rep procedures and the supervisory role of the Committee on Econ Social and Cultural Rights (CESCR). Unlike the rights contained ICCPR, economic, social and cultural rights do not all have

HUMAN RIGHTS REPORTING
al Rights
ould become the basis for a nd which would then become ever, a single treaty could not s to approve the International CCPR) and the International tural Rights (ICESCR) and a ce. The General Assembly of ts on December 16, 1966. The 976, and the ICCPR on March ants and the division of rights s during the Cold War.
ivic and political or economic n and pass on property is ral, the ICCPR reflected the tern capitalist countries, while ial security, employment and its allies. However, the two ected and there is a deliberate edom from fear and want” The UN General Assembly civic and political freedoms ghts are interconnected and ail to the Declaration, but no equality of men and women, to self-determination.
nomic, Social and Cultural
ticles, of which the first 15 set provide details of reporting he Committee on Economic, ke the rights contained in the ights do not all have to be
23

Page 28
CHAPTER 2: WHAT ARE HUMAN RIGHTS? 24
Summary of the ICESCR
achieved immediately. Under to take steps “to the maximum Article 1 enhances the right to self-determination, to economic, social and cultural
achieving progressively the fu principles and basic rights are
development, and to use natural resources. Article 6 recognises the right to
work at a freely chosen job. Article 7 covers just and
The covenant covers equal ri work in just and favourable adequate standard of living, physical and mental health an favourable working
self-determination; to form an conditions, fair wages, and
social insurance; protection an equal pay for women. Working conditions must be safe and include holidays
standard of living; freedom fr and to enjoy the benefits of sc
with pay. Article 8 guarantees the right to join a trade union and to strike in conformity with the laws. This may be restricted in the
Article 2 spells out how states Although some rights are co principles are non-negotiable rights progressively, by all ap interests of national security or
their available resources. This public order or to protect the
fact that “the progressive intr rights and freedoms of others. Article 9 recognises the right to social security, and Article 10
pursued in some countries. Ke to a free primary school place
says that the State should assist families, protect mothers, and protect children from exploitation. Article 11 recognises the right to
When they are implemented, c discrimination of any kind as political or other opinion, nat other status. However, develo an adequate standard of living.
extent they guarantee econom “It is a fundamental right of everyone to be free from hunger.” Article 12 recognises the right to the highest attainable standard of health. States must aim to reduce infant mortality, promote child development,
CESCR has a supervisory role conduct” - what states must d state must achieve. States deci CESCR decides whether all a States submit reports to the Sec to CESCR) on the measures th improve environmental and industrial hygiene, control
No particular system of govern epidemics, and ensure access
able to fulfill obligations, but t to medical care.
• Be democratic
Continued on facing page
• Respect human rights

d immediately. Under the ICESCR, each state party undertakes steps “to the maximum of its available resources, with a view to ng progressively the full realisation of the rights”. However, the les and basic rights are non-negotiable.
venant covers equal rights for men and women; the rights to n just and favourable conditions, to social protection, to an te standard of living, to the highest attainable standards of l and mental health and to education. It provides for rights of ermination; to form and join trade unions; to social security and nsurance; protection and assistance to the family; an adequate d of living; freedom from hunger, to take part in cultural life; enjoy the benefits of scientific progress.
2 spells out how states are obliged to seek to fulfil this covenant. gh some rights are conditional on “available resources”, the les are non-negotiable. States undertake to achieve covenant rogressively, by all appropriate means and to the maximum of ailable resources. This can take a long time, as illustrated by the t “the progressive introduction of free education” is still being d in some countries. Kenya implemented the right of every child e primary school place in 2003.
hey are implemented, covenant rights must be exercised without ination of any kind as to race, colour, sex, language, religion, l or other opinion, national or social origin, property, birth or tatus. However, developing countries may determine to what hey guarantee economic rights to non-nationals.
has a supervisory role. It distinguishes between “obligations of t” - what states must do - and “obligations of result” - things a ust achieve. States decide which measures are appropriate, but decides whether all appropriate measures have been taken. ubmit reports to the Secretary-General of the UN (but in practice R) on the measures they have adopted and the progress made.
icular system of government or economy is precluded from being fulfill obligations, but the systems must do the following. emocratic
ect human rights

Page 29
• Recognise and reflect the interdependence and indivisibility two sets of human rights: civil and political, and economic, and cultural
• There is an obligation to ensure the satisfaction of minimum es rights
States fail in their obligations if a significant number of individu
• Do not have enough essential foods
• Do not have essential primary health care
• Do not have basic shelter and housing
• Do not have basic forms of education
Although the achievement of some rights may be delayed in deve countries, this cannot be used as an excuse if funds can be found somewhere. If necessary, states must cooperate with the interna community to receive aid.
(ii) The International Covenant on Civil and Political Rig This treaty enshrines the right to life and outlaws torture, enslav forced labour or arbitrary detention. It limits restrictions on the fre of movement, expression and association. The first 27 of 53 artic out rights and freedoms while the final 26 cover applicatio supervision, including the creation of the Human Rights Com (HRC), and a procedure under which one state may complain a another (though it has never been used).
Certain rights can never be suspended or limited, even in emerg These are the right to life, freedom from torture, freedom enslavement or servitude, protection from imprisonment for freedom from retroactive penal laws, the right to be recognise person before the law and freedom of thought, conscience and re If other rights are suspended this can only be to the extent s required by an emergency, and can never involve discriminat the grounds of race, colour, sex, language, religion or social orig
(iii) The Human Rights Committee The covenant created the HRC as a supervisory body manda consider and comment on reports from states on measures the adopted to give effect to covenant rights, and the progress the made. In theory the HRC can consider complaints from one sta another state is not fulfilling its obligations or complaints

HUMAN RIGHTS REPORTING
ence and indivisibility of the olitical, and economic, social
sfaction of minimum essential
ant number of individuals:
care
may be delayed in developing se if funds can be found from perate with the international
Civil and Political Rights utlaws torture, enslavement, ts restrictions on the freedoms . The first 27 of 53 articles set al 26 cover application and e Human Rights Committee e state may complain against
limited, even in emergencies. rom torture, freedom from om imprisonment for debt, e right to be recognised as a ught, conscience and religion. nly be to the extent strictly er involve discrimination on
, religion or social origin.
ee
ervisory body mandated to tates on measures they have , and the progress they have mplaints from one state that ations or complaints from
25
Summary of the ICESCR Continued from facing page
Article 13 recognises the right to education, which must aim to develop the personality and a sense of dignity, and promote understanding, tolerance and friendship among nations and racial, ethnic or religious groups. Articles 13 and 14 lay down measures to achieve primary education for all, and “the progressive introduction of free education”. Article 15 recognises the right to enjoy cultural life and the benefits of scientific progress. It protects intellectual property rights and scientific and creative freedoms.

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CHAPTER 2: WHAT ARE HUMAN RIGHTS? 26
Summary of the ICCPR
individuals where a state ha practice, the inter-state compla Under Article 2 States undertake to ensure that all individuals enjoy the Covenant rights without discrimination. Article 3 upholds the equal rights of men and women. Rights covered by the ICCPR include the rights:
committee submits an annual the Economic and Social Coun Comments) which become par HRC stipulated that it is not en accords with Article 2 (equali must take action to ensure that
• of peoples to self-determination
examples, the HRC interpreted (Article 1) and of minorities to enjoy their own culture, religion and language (Article 27)
• to life (Article 6), freedom from
should be a quite exceptional defence if accused of violatin inhuman or degrading treatm
torture (Article 7), freedom from slavery (Article 8), and to liberty and security of person
There are two Optional Proto HRC to hear complaints from (Article 9)
death penalty. The First Opti
• to freedom of thought,
for journalists. Once a country conscience and religion (Article 18), freedom of opinion and expression (Article 19), except that propaganda for war or racial or religious discrimination shall be prohibited (Article 20);
within the territory of that cou complaints to the HRC agains by the ICCPR. The importance and the courts are reluctan commensurate with those es complainant has direct acces
• to a fair trial and not to be tried
authoritative decision on the twice for the same offence (Article 14), to be recognised as a person before the law (Article 16), to be treated equally before the law (Article 26), and with humanity and respect when detained (Article 10)
protected by the ICCPR. In Sri 1997 and 2006, during which t and editors such as Victor Ivan expression. In 2006, the Suprem v. Attorney General (S.C. Spl (LA 2006) that recognising the juris
• not to be jailed for non-payment
complaints is unconstitutiona of debts (Article 11), and not to be subject to retroactive legislation (Article 15);
•to freedom of movement (Article 12), and not to be arbitrarily expelled (Article 13);
• to privacy (Article 17), family life and freedom to marry
Both the CESR and the HRC recommendations to states. T NGOs in each country and t highlight shortcomings and c country reports can be influe international standards or is c (Article 23), and the rights of the
standing. child (Article 24)
Continued on facing page

uals where a state has signed the First Optional Protocol. In , the inter-state complaints procedure has never been used. The ttee submits an annual report to the UN General Assembly via nomic and Social Council. It also makes interpretations (General ents) which become part of human rights rules. For example, the ipulated that it is not enough for states to pass legislation which with Article 2 (equality) and Article 3 (gender equality). They ke action to ensure that the principles are put into effect. In other es, the HRC interpreted Article 6 to mean that the death penalty be a quite exceptional measure, and “following orders” is no if accused of violating Article 7 forbidding torture and cruel, n or degrading treatment.
re two Optional Protocols to the ICCPR. The first allows the hear complaints from individuals. The second prohibits the enalty. The First Option Protocol is an important mechanism nalists. Once a country accedes to this Protocol, any individual the territory of that country is given the right to directly submit ints to the HRC against violations of human rights recognised CCPR. The importance of this is that in countries where officials e courts are reluctant to enforce human rights standards nsurate with those established by the ICCPR, an individual inant has direct access to the treaty body which can give an tative decision on the violation and the scope of human rights ed by the ICCPR. In Sri Lanka, this right was available between d 2006, during which time it was used by prominent journalists tors such as Victor Ivan in upholding the freedom of speech and ion. In 2006, the Supreme Court declared in the case of Singarasa ney General (S.C. Spl (LA) No. 182/99; decided on 15th September at recognising the jurisdiction of the HRC to entertain individual ints is unconstitutional under the Sri Lankan constitution.
e CESR and the HRC comment on country reports and make endations to states. They also receive “shadow” reports from in each country and this is an opportunity for journalists to ht shortcomings and carry out their own investigations. HRC reports can be influential when a country is trying to meet tional standards or is concerned about its own reputation and g.

Page 31
International Bill of Human Rights The Universal Declaration of Human Rights and the two interna Covenants are known collectively as the International Bill of H Rights. These are rights from which no nation is exempt, and basis of customary international law. Although states sign up covenants, the Bill of Rights applies whether or not it is recognise rights apply to all, and they must be observed by all.
Other important human rights instruments The second half of the 20th century saw the development of a number of human rights instruments. It could be argued that re agreement on the wording of human rights instruments bec substitute for achieving rights. However, these agreements or t are important, in part because they also set up a mechanis monitoring human rights and, in theory, at any rate, for calling n to account. Some of the most important include the following.
(i) International Convention on the Elimination of All Fo of Racial Discrimination The convention obliges state parties to criminalise and puni dissemination of ideas based on racial superiority or hatred, incit to racial discrimination, and acts of violence against any race or of persons of another colour or ethnic origin.
The convention prohibits indirect as well as direct discrimina areas such as the right to work, the right to join trade unions, th to housing and the right of access to a public place. However, sta discriminate against non-citizens. The convention permits s protection (i.e. “affirmative action” or “positive discriminatio enable deprived racial or ethnic groups to redress imbalances.
The Committee on the Elimination of Racial Discrimination (CERD the first body created by the UN to monitor a human rights treaty submit periodic reports to the committee, which can also hear com from individuals if the state “opts in” to this provision.
In general, CERD complains that states are often late in submittin country reports, and that too many reports simply point to the p of legislation, without examining practice within the country. Journ when reporting such country reports, should look not just at the p

HUMAN RIGHTS REPORTING
hts
hts and the two international International Bill of Human ation is exempt, and form a though states sign up to the er or not it is recognised. The rved by all.
nstruments
the development of a large ould be argued that reaching ights instruments became a , these agreements or treaties so set up a mechanism for at any rate, for calling nations
clude the following.
e Elimination of All Forms
criminalise and punish the eriority or hatred, incitement nce against any race or group gin.
ll as direct discrimination in to join trade unions, the right lic place. However, states can convention permits special positive discrimination”) to o redress imbalances.
al Discrimination (CERD) was r a human rights treaty. States hich can also hear complaints his provision.
e often late in submitting their ts simply point to the passing ithin the country. Journalists, ld look not just at the passing
27
Summary of the ICCPR
Continued from facing page
The ICCPR includes the rights:
• to peaceful assembly (Article 21), freedom of association (Article 22), to take part in public life and to vote (Article 25).
• Article 4 sets out how a State may temporarily suspend certain rights under certain conditions (derogations), while Article 5 says that States and groups cannot use one Article to justify breaching another.

Page 32
CHAPTER 2: WHAT ARE HUMAN RIGHTS?
28
of laws, but also at the practic pointing out discrepancies betw a country.
(ii) Convention on the E Discrimination against Wo The Convention on the Elim against Women (adopted in D the international bill of righ between women and men in th social and cultural rights. Dis legal, policy and programmati to accelerate women’s equalit
States are required to ensure eliminate discrimination in m account of the particular prob special roles in the economic s
The convention obliges states conduct to eliminate prejudice the idea of the inferiority or su roles for men and women.
The Committee on the Elimin monitors the convention an individual complaints. Howe reservations when ratifying th to discrimination in the “priva
The issue of gender-based vio convention. In 1992, the Comm against Women extended th discrimination to include gend
“. . . violence that is dire or that affects women d inflict physical, menta such acts, coercion and

, but also at the practice in the country. NGOs will be helpful in g out discrepancies between the legal position and practice within ry.
Convention on the Elimination of All Forms of rimination against Women
nvention on the Elimination of All Forms of Discrimination Women (adopted in December 1979) is sometimes described as ernational bill of rights for women. It provides for equality n women and men in the enjoyment of civil, political, economic, nd cultural rights. Discrimination is to be eliminated through olicy and programmatic measures. Temporary special measures erate women’s equality are encouraged.
re required to ensure equality in political and public life and te discrimination in marriage and family life. They must take t of the particular problems of women in rural areas, and their roles in the economic survival of the family.
vention obliges states to modify social and cultural patterns of t to eliminate prejudices and customs and all practices based on a of the inferiority or superiority of either sex or on stereotyped
r men and women.
mmittee on the Elimination of Discrimination against Women rs the convention and the Optional Protocol for allowing ual complaints. However, a large number of countries entered tions when ratifying the convention, particularly those applying imination in the “private” sphere of work, home and family.
ue of gender-based violence is not specifically addressed in the tion. In 1992, the Committee on the Elimination of Discrimination Women extended the general prohibition on gender-based ination to include gender-based violence, which it defined as:
. . . violence that is directed at a woman because she is a woman r that affects women disproportionately. It includes acts that nflict physical, mental or sexual harm or suffering, threats of uch acts, coercion and other deprivations of liberty.”

Page 33
The committee affirmed that violence against a woman consti violation of her human rights, whether the perpetrator is a public or a private person. In 1993, the UN General Assembly adopt Declaration on the Elimination of Violence against Women (reso 48/104). The declaration sets out the steps which states an international community should take to ensure the elimination forms of violence against women in public or in private life.
(iii) Convention against Torture and Other Cruel, Inhum or Degrading Treatment or Punishment The convention came into force in December 1984 to stren prohibitions on torture and other cruel, inhuman or degrading trea or punishment. The prohibition against torture is absolute and be justified by exceptional circumstances, states of emergency or Obeying orders cannot be used as a justification. The conven therefore effectively binding on any soldier, police officer or state o Torture is defined as:
“. . . any act by which severe pain or suffering, whether ph or mental,is intentionally inflicted on a person for purposes as obtaining from him or a third person inform or a confession, punishing him for an act he or a third p has committed or is suspected of having committ intimidating or coercing him or a third person, or for any based on discrimination of any kind, when such p suffering is inflicted by or at the instigation of or wi consent or acquiescence of a public official or other p acting in an official capacity. It does not include p suffering arising only from, inherent in or incidental to sanctions.”
States must take effective measures to prevent torture. They mus police and the army, review interrogation rules and guarantee p and impartial investigation into allegations of torture and p witnesses. States have an obligation not to expel, return or extr person to a state where he or she would be in danger of being tor
The convention provides for international supervision by the Com against Torture (CAT), which can consider complaints from a s (under Article 22) from individuals. Only a few states have agr answer complaints from individuals and to comply with the sys

HUMAN RIGHTS REPORTING
ainst a woman constitutes a perpetrator is a public official neral Assembly adopted the e against Women (resolution steps which states and the ensure the elimination of all ic or in private life.
and Other Cruel, Inhuman shment
cember 1984 to strengthen uman or degrading treatment orture is absolute and cannot , states of emergency or wars. tification. The convention is r, police officer or state official.
r suffering, whether physical cted on a person for such r a third person information r an act he or a third person of having committed, or ird person, or for any reason kind, when such pain or e instigation of or with the lic official or other person t does not include pain or ent in or incidental to lawful
vent torture. They must train rules and guarantee prompt tions of torture and protect o expel, return or extradite a e in danger of being tortured.
supervision by the Committee er complaints from a state or y a few states have agreed to to comply with the system of
29
Information about CAT can be found on the UNHCHR website http://www.unhchrch/html/ menu2 I8Istat3.htrn Rulings can be found on the University of Minnesota Human Rights Library website http//www.umn. edulhumanrts/index.html

Page 34
CHAPTER 2: WHAT ARE HUMAN RIGHTS? 30
Convention on the Rights of the Child — highlights
state-to-state complaints. The c with the state concerned, “re systematically practised withi
Article 2 Rights must be respected without
ratified the convention hav investigation. discrimination. Article 3 When taking decisions, the best
Individual complaints to CA interests of the child comes first.
asylum seekers to countries wh Article 5 States respect the rights
has said: of parents, families and guardians to provide appropriate guidance. Article 6 Every child has a right to life and (Article 8) an identity. Article 7 A child has a right to a name and nationality and, as far as possible, the right to be cared for
“. . . the risk of torture beyond mere theory or have to meet the test of establish that he/she w that the grounds for s described, and that suc by his or her parents. Article 9 A child will not normally be
The failure of so many cou separated from his or her parents against their will. Article 11 States will prevent the illicit transfer of children abroad. Article 12 Children have a right to hold and express views. Article 13 Children have a right
individuals, and the tendency to try to prevent deportations, Countries against which the g been lodged such as Sweden, S are not countries that appear accused of torture. to freedom of expression and the right to access the media. Article
In deportation cases, the com 14 States respect the right of the
does not practise torture, alleg child to freedom of thought, conscience and religion. Article 15 Children have the right to
a country that does practise allegations about the country
freedom of association and peaceful assembly. Article 16 Children have a right
(iv) Convention on the Rig The Convention on the Rights to privacy, and protection
and came into force in Septemb against unlawful attacks on their
convention in UN history, at l honour or reputation. Article 17 States will ensure children’s access to a diversity of mass media. Article 18 Both parents have a
states. Only the United States since children’s rights continu enthusiasm for the Conventi situation.
responsibility to bring up a child. Confined on next page

-state complaints. The committee can investigate, in cooperation e state concerned, “reliable information” that torture is being atically practised within its territory. Again, several states that the convention have not agreed to this system of joint ation.
ual complaints to CAT include many about deportation of seekers to countries where they may be tortured. The committee :
. . . the risk of torture must be assessed on grounds that go eyond mere theory or suspicion. However, the risk does not ave to meet the test of being highly probable. The author must stablish that he/she would be in danger of being tortured and hat the grounds for so believing are substantial in the way
escribed, and that such danger is personal and present.”
ilure of so many countries to accept CAT hearings from uals, and the tendency for this provision to be used frequently prevent deportations, gives the statistics a lopsided appearance. ies against which the greatest number of individual cases have dged such as Sweden, Switzerland, Canada, France and Australia countries that appear near the top of most lists of countries of torture.
rtation cases, the complaint is usually against a country that t practise torture, alleging that it is about to deport someone to try that does practise torture. This allows CAT to publicise ons about the country to which someone is being deported.
Convention on the Rights of the Child
nvention on the Rights of the Child (CRC) was adopted in 1989 e into force in September 1990. It has become the best-supported tion in UN history, at least in name. It has been ratified by 192 nly the United States and Somalia have not signed. However, ildren’s rights continue to be widely abused in many countries, iasm for the Convention by no means reflects the real world
n.

Page 35
The CRC recognises the vulnerability of children (young people the age of 18) and says that they should grow up in a family environ in a spirit of peace, dignity, tolerance, freedom, equality and soli It set up a Committee on the Rights of the Child to which state report every five years. States agree to make the provisions of th widely known to adults and to children, and to publicise thei reports to the Committee widely within their own countries. UN is given special status to carry out work at the request of the Com and to provide technical assistance to countries.
Two Optional Protocols to the CRC have been widely adopte Optional Protocol to the Convention on the Rights of the Child Involvement of Children in Armed Conflict came into force in Fe 2002. This made it:
• Illegal for children to be coerced into military service before t of 18.
• A war crime to conscript or enlist children under the age of 1 use them to participate in hostilities.
The Optional Protocol to the CRC on the Sale of Children, Prostitution and Child Pornography came into force in January 2 tackles trafficking of children for sexual purposes, prostitut children, sex tourism, pornography depicting children and of carried out through use of the internet. Its text expresses concer
“... the significant and increasing international traf children for the purpose of the sale of children, prostitution and child pornography.”
Of particular interest to journalists:
• Article 8 protects the privacy and identity of child victims.
• Article 9 says that states must promote awareness “th information by all appropriate means” about harmful effec preventive measures.
The full text of the CRC can be found at http://www.unicef.org

children (young people up to w up in a family environment, dom, equality and solidarity. e Child to which states must ke the provisions of the CRC , and to publicise their own their own countries. UNICEF the request of the Committee ntries.
e been widely adopted. The he Rights of the Child on the ct came into force in February
ilitary service before the age
dren under the age of 15 or to
the Sale of Children, Child e into force in January 2002. It al purposes, prostitution of icting children and offences s text expresses concern at:
ng international traffic in e sale of children, child y.”
tity of child victims. mote awareness “through s” about harmful effects and
ttp://www.unicef.org
HUMAN RIGHTS REPORTING 31
CRC — Highlights Continued from previous page
Article 19 States must protect children from violence, injury or abuse, neglect or exploitation. Article 21 Adoption should be~ in the best interests of the child. Article 22 Refugee children should receive protection and aid. Article 23 Children with disabilities should live a full life. Article 24 Children have a right to health. Article 25 Children in care must have periodic reviews of care. Articles 26 & 27 Children have a right to social security and an adequate standard of living. Article 28 Children have the right to education, free at primary level. Article 30 Children from minorities have a right to their culture, religion and
•
language. Article 31 Children have a right to leisure, play and recreation and to cultural and artistic life. Articles 32 & 33 A child must be protected from hazardous or harmful work, and from drugs. Article 34 States must protect children from all forms of sexual exploitation and abuse, and (Article 35) from abduction, sale or trafficking, and (Article 36) from all other exploitation. Article 37 protects children from torture or cruel punishment Children must never be sentenced to death. Articles 38 &39 seek to protect children in armed conflicts Article 40 Children need special treatment if they break the law.

Page 36
CHAPTER 2: WHAT ARE HUMAN RIGHTS?
32
(v) International Conventio of All Migrant Workers an
This convention was adopted standards for the protection o and their families. Migrants a which they can engage. Man recruit them under false prete conditions. The convention monitoring mechanism in t independent experts.
Treaties are not enough These are just some of the conv on human rights. There are 23 of the rights of women and chi to marriage, a protocol agains and air, and a convention on th secured rights we would all li governments do not have the w The committee system of Rapporteurs who can be sent states, can highlight abuses. Bu with the consent of the state co to get longer, without necessar formal measures will substitut to police rights and to hold go
Fundamental Rights rec Constitution of Sri Lanka Chapter III of the Constitut fundamental rights declared a are mainly civil and political r rights. They include the follow
• Freedom of thought, cons
• Freedom from torture (Ar
• Right to equality (Article
• Freedom from arbitrary prohibition of retroactive

nternational Convention on the Protection of the Rights ll Migrant Workers and Members of Their Families
nvention was adopted in December 1990 to create international ds for the protection of the human rights of migrant workers ir families. Migrants are often restricted in the kind of work in they can engage. Many fall victim to human traffickers who them under false pretences and some are held under slave-like ions. The convention provides for the establishment of a ring mechanism in the form of an international body of ndent experts.
ties are not enough
re just some of the conventions and treaties which have an impact an rights. There are 23 treaties which relate to the advancement ights of women and children, including a convention on consent iage, a protocol against the smuggling of migrants by land, sea and a convention on the nationality of married women. If treaties rights we would all live in peace, security and happiness. But ments do not have the will, means or ability to deliver these rights. mmittee system of enforcement, together with Special teurs who can be sent to investigate the situations in member an highlight abuses. But the system is very slow and only works e consent of the state concerned. Moreover the conventions seem nger, without necessarily becoming more effective. None of the measures will substitute for having a vigorous and active media e rights and to hold governments to account.
damental Rights recognised by the law and the stitution of Sri Lanka (1978)
r III of the Constitution of Sri Lanka (1978) relates to the ental rights declared and recognised by the constitution. These nly civil and political rights and do not include socio-economic They include the following:
edom of thought, conscience and religion (Article 10) edom from torture (Article 11) ht to equality (Article 12) edom from arbitrary arrest, detention and punishment, and hibition of retroactive penal legislation (Article 13)

Page 37
• Freedom of speech and expression including publication (A 14 (1) (a))
• Freedom of peaceful assembly (Article 14 (1) (b))
• Freedom of association (Article 14 (1) (c))
• Freedom to form and join a trade union (Article 14 (1) (d))
• Freedom of lawful occupation (Article 14 (1) (g))
• Freedom of movement and residence (Article 14 (1) (h))
• Freedom to return to Sri Lanka (Article 14 (1) (i))
• Freedom to manifest religion or belief in worship, obser practice and teaching (Article 14 (1) (e))
• Freedom to enjoy and promote culture and language (Article (f))
All these fundamental rights are legally enforceable by individu application to the Supreme Court (Article 17 read with Article the Constitution). The Supreme Court has a mixed record with to the protection of fundamental rights. At times, it has ro intervened to enforce fundamental rights against oppressive act the State, whereas in others, it has been more diffident.
Weaknesses of the fundamental regime under the Lankan Constitution While the 1978 Constitution improved fundamental rights pro by making them enforceable through the courts, there are also s weaknesses in the constitutional framework:
1. Article 16 validates all existing law even if inconsisten fundamental rights. This violates the principle of constitu supremacy whereby no ordinary law or practice incon with the constitution can be held valid. It also undermin protection of fundamental rights because there is little p constitutionally recognising them if they can be overridd any inconsistent previous law.
2. Closely related to the first point, Article 80 (3) prohibi law to be questioned in a court for consistency wi constitution once it has passed. This feature too is in vio of the principle of constitutional supremacy, because law is passed, it cannot be struck down even if inconsisten the constitution.

HUMAN RIGHTS REPORTING
ncluding publication (Article
le 14 (1) (b)) ) (c))
on (Article 14 (1) (d)) le 14 (1) (g))
(Article 14 (1) (h)) le 14 (1) (i)) lief in worship, observance, e)) e and language (Article 14 (1)
nforceable by individuals by e 17 read with Article 126 of s a mixed record with regard s. At times, it has robustly against oppressive action by ore diffident.
tal regime under the Sri
ndamental rights protection courts, there are also several rk:
aw even if inconsistent with the principle of constitutional law or practice inconsistent valid. It also undermines the because there is little point in if they can be overridden by
, Article 80 (3) prohibits any rt for consistency with the his feature too is in violation l supremacy, because once a own even if inconsistent with
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3. Although Articles 17 of fundamental rights the effectiveness of the bar of only one mont within which a person modern constitutions when questions of hu
4. Closely related to the p
121, which allows a ci a proposed law prior t one week of a Bill Parliament, a citizen m the Supreme Court. G an ineffective remedy exist. This is primarily political institutions a Lanka, whereby it is hi journalists have suffic exercise the right to a Article 121.
5. Both Articles 17 and 1 arising solely out of ‘ governmental action. private persons and provided. In progress South Africa, human r punishable by the cou of horizontality’.
6. The Supreme Court is
at first instance in case This means that the S volume of such applic questions of fact in add international best pra appeal available to co have been better if a l Courts of Sri Lanka, ha

Although Articles 17 and 126 provide a remedy for violations of fundamental rights by recourse to the Supreme Court, it limits the effectiveness of the remedy by stipulating a restrictive time bar of only one month from the date of the alleged violation, within which a person can apply to the Supreme Court. Many modern constitutions permit a longer period than one month when questions of human rights are involved.
Closely related to the previous point are the provisions of Article 121, which allows a citizen to challenge the constitutionality of a proposed law prior to enactment. Article 121 states that within one week of a Bill being placed on the Order Paper of Parliament, a citizen may challenge its constitutionality before the Supreme Court. Generally, however, this has proved to be an ineffective remedy, although some significant exceptions exist. This is primarily because of the culture of secrecy in which political institutions and the law-making process work in Sri Lanka, whereby it is highly unlikely that many citizens and even journalists have sufficient information in order to meaningfully exercise the right to apply to the Supreme Court granted by Article 121.
Both Articles 17 and 126 refer to fundamental rights violations arising solely out of ‘executive or administrative’ action, i.e., governmental action. This means that violations committed by private persons and bodies are excluded from the remedy provided. In progressive modern constitutions such as that of South Africa, human rights violations by private actors are also punishable by the courts. Lawyers refer to this as the ‘principle of horizontality’.
The Supreme Court is the court to which a person must apply at first instance in cases of alleged fundamental rights violations. This means that the Supreme Court is inundated with a high volume of such applications, and must also consider contested questions of fact in addition to pronouncing on the law. Modern international best practice requires that there is at least one appeal available to complainants, which means that it would have been better if a lower court, such as the provincial High Courts of Sri Lanka, had jurisdiction to hear fundamental rights

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applications at first instance, with an appeal lying Supreme Court.
7. The framework for restrictions set out in Article 15 of the c on fundamental rights has also been criticised by commentators on the grounds that the permissibi restrictions on fundamental rights, especially during a s emergency when they are most vulnerable, are unduly In particular, Article 15 does not require justifications s ‘necessity in a democratic society’, ‘reasonablene ‘proportionality’ to be made out by the government p the imposition of restrictions. Such requirements of justif are essential in modern constitutions, and under interna human rights instruments such as the European Conv on Human Rights, or the International Covenant on Civ Political Rights (ICCPR), to which Sri Lanka is a sign Moreover, during a state of emergency, emergency regu (which is not law made by Parliament, but exclusively President) also have the legal effect overriding safeg provided by ordinary law. This is particularly problem Sri Lanka because it has been (and continues to be) gov under a state of emergency for unusually long periods o because of conflict conditions; because emergency regu are not easily reviewable by the courts; and because Lankan Parliament has a poor record of monitoring, scrut and holding the executive to account over the operat emergency regulations.
Some important fundamental rights cases decided by Supreme Court
Freedom of thought, conscience and religion Article 10 guarantees the freedom of thought, conscience and re for all persons, whereas Article 14 (1) (e) guarantees the freed manifest religion or belief in worship, observance, practice and te only to citizens of Sri Lanka. Likewise, Article 10 is not subject restrictions whatsoever, whereas Article 14 (1) (e) is subject to number of restrictions including on grounds of national securi public order and for protecting the rights of others. Also impor

HUMAN RIGHTS REPORTING
ith an appeal lying to the
out in Article 15 of the chapter o been criticised by some that the permissibility of s, especially during a state of vulnerable, are unduly wide. require justifications such as ciety’, ‘reasonableness’ or by the government prior to h requirements of justification ions, and under international as the European Convention tional Covenant on Civil and ich Sri Lanka is a signatory. ency, emergency regulations ment, but exclusively by the ffect overriding safeguards is particularly problematic in d continues to be) governed usually long periods of time cause emergency regulations courts; and because the Sri rd of monitoring, scrutinising count over the operation of
ghts cases decided by the
nd religion
ught, conscience and religion ) guarantees the freedom to rvance, practice and teaching rticle 10 is not subject to any 14 (1) (e) is subject to a wide nds of national security and of others. Also important in
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this regard is Article 9, whic Buddhism the foremost place of the state to protect and fost other religions the rights gran also be noted that Articles 9 ‘entrenched provisions’ of the that they can only be amende and the approval of the peopl
In Premalal Perera v. Weerasuriy Railways Department, who co infringed his rights under Arti that a day’s salary for the mo from all railway employees as Fund, except for those who r stated that as a Buddhist, he c the money would be used for destruction of human life. H authorities of this fact as requ harassment. The Supreme Co freedom of thought, conscie protected by the constitution, not expose him to the harassm
A major matter of political con issue of religious conversions. groups have engaged in aggr which in turn provoked som quarters. Several times, it w prohibiting conversions that economic inducement or some
The matter first arose when incorporate Christian organis Court. In the Christian Sahana case, the Supreme Court held to be incorporated involved e included the provision of ass circumstances, there was in the attending the prayer centre wo convert. This, the court held, w

ard is Article 9, which states that the republic shall give to ism the foremost place and that accordingly it shall be the duty tate to protect and foster the Buddha Sasana, while assuring all ligions the rights granted by Articles 10 and 14 (1) (e). It should noted that Articles 9 and 10, but not Article 14 (1) (e), are ched provisions’ of the constitution (Article 83), which means y can only be amended by a two-thirds majority in Parliament
approval of the people at a referendum.
alal Perera v. Weerasuriya, the petitioner was an employee of the ys Department, who complained that an administrative circular d his rights under Articles 10 and 14 (1) (e). The circular directed ay’s salary for the month of January 1985 would be deducted l railway employees as a contribution to the National Security xcept for those who requested an exemption. The petitioner hat as a Buddhist, he could not consent to the contribution, as ney would be used for purchasing weapons to be used for the tion of human life. He claimed that informing the railway ties of this fact as required by the circular would expose him to ent. The Supreme Court agreed with the petitioner that his of thought, conscience and religion was guaranteed and ed by the constitution, but nonetheless held that the circular did ose him to the harassment he feared.
r matter of political controversy in the recent past has been the f religious conversions. It has been claimed that some Christian have engaged in aggressive methods of religious conversion, in turn provoked sometimes a violent response from some s. Several times, it was also attempted to enact legislation iting conversions that were done through forcible methods,
ic inducement or some other such unethical manner.
tter first arose when three Private Member’s Bills seeking to rate Christian organisations were challenged in the Supreme In the Christian Sahanaye Doratuwa Prayer Centre (Incorporation) e Supreme Court held that the articles and powers of the body corporated involved economic and commercial activities and d the provision of assistance of an economic nature. In these tances, there was in the court’s opinion a ‘likelihood’ that persons ng the prayer centre would be allured by economic incentives to t. This, the court held, was inconsistent with the free exercise of

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the freedom of religion guaranteed by Articles 10 and 14 (1) (e), b the provision of any allurement would distort and infringe th exercise of those rights.
In the New Wine Harvest Ministries (Incorporation) case, the objects proposed corporation included the conduct of a broad range of ac aimed at the upliftment of the ‘socio-economic conditions of peo Sri Lanka.’ In this instance, the court held that mixing spiritual ac with those that involved uplifting the socio-economic conditions people of Sri Lanka in general would ‘necessarily’ infringe th exercise of the rights guaranteed by Articles 10 and 14 (1) (e).
In the Teaching Sisters of the Holy Cross of the Third Order of Saint F in Menzingen of Sri Lanka (Incorporation) case, the Supreme reaffirmed the previous decisions discussed above in respect of A 10, and also went on to hold that the propagation of the Christia in manner proposed by the incorporation bill would infrin Buddhism clause in Article 9.
In the challenge to a proposed anti-conversion law, the Prohib Forcible Conversion of Religion Bill, however, the Supreme Court ad a slightly different approach. The Bill sought to prohibit and i criminal punishments on persons who convert or attempt to c any person from one religion to another by the use of force or allur or by any fraudulent means. While the court considered the k ‘unethical’ methods of conversion sought to be prohibited by the be a permissible restriction under Article 15 (7) on Article 14 (1 nonetheless made a distinction between true evangelism and imp proselytisation and held that only the latter would be prohibited constitution. In these circumstances the court held that the Bill have the effect of also prohibiting true evangelism, which was al by the constitution. In view of the determination of the Supreme the proponents of the Bill did not go ahead with it.
Freedom from Torture Article 11 states that no person shall be subjected to torture or inhuman or degrading treatment or punishment. It is an absolut which cannot be restricted under any circumstances whats including states of emergency.

HUMAN RIGHTS REPORTING
icles 10 and 14 (1) (e), because distort and infringe the free
oration) case, the objects of the ct of a broad range of activities omic conditions of people of that mixing spiritual activities io-economic conditions of the necessarily’ infringe the free
les 10 and 14 (1) (e).
he Third Order of Saint Francis n) case, the Supreme Court ed above in respect of Article agation of the Christian faith ion bill would infringe the
ersion law, the Prohibition of r, the Supreme Court adopted ught to prohibit and impose onvert or attempt to convert the use of force or allurement court considered the kind of to be prohibited by the Bill to 15 (7) on Article 14 (1) (e), it rue evangelism and improper er would be prohibited by the ourt held that the Bill would angelism, which was allowed ination of the Supreme Court,
d with it.
subjected to torture or cruel, shment. It is an absolute right circumstances whatsoever,
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In Sudath Silva v. Kodituwakk detention and severe assault custody. In upholding the pe held that the freedom against t be abridged under any circum and the protection of the consti criminals.’ Another important local medical officer who repo to the petitioner consistent w court. The important principl given consequent to an examin the police must not be readily
In Adhikary v. Amarasinghe, the slapped and abused by the s jam. The Supreme Court held harm and not only physical ha harm was not extremely serio the petitioners and their child 11.
In Wijayasiriwardene v. Kumara officer had struck a student ou force. However, the court took to a violation of Article 11, th taken into account. In the circ consider that such a violation force was used.
An important consideration in for acts in violation of Article 1 as police officers. In Thadchan police officers were alleged to h officer claimed that such acts acts done by junior officers ou give rise to liability of the stat Court took the view that in th condoning torture, for which repetitive acts and official tole officers cannot give rise to stat in Velmurugu v. Attorney Gene

th Silva v. Kodituwakku, the petitioner complained of illegal on and severe assault and torture by police office whilst in . In upholding the petitioner’s complaint, the Supreme Court at the freedom against torture is an absolute right, which cannot dged under any circumstances, and the full content of the right protection of the constitution must be available even to ‘hardcore ls.’ Another important point of the case is that the report of the edical officer who reported that there were no external injuries etitioner consistent with his complaints was dismissed by the he important principle was affirmed that any medical report onsequent to an examination of a complainant in the presence of ice must not be readily accepted.
kary v. Amarasinghe, the petitioners, husband and wife, were both and abused by the security officers of a Minister in a traffic e Supreme Court held that Article 11 extended to psychological nd not only physical harm. Even though in this case the physical as not extremely serious, the psychological trauma suffered by itioners and their child was sufficient for a violation of Article
yasiriwardene v. Kumara, the Supreme Court found that a police had struck a student outside the school premises with excessive owever, the court took the view that for such an act to amount lation of Article 11, the circumstances and the person must be nto account. In the circumstances of the case, the court did not r that such a violation had taken place, even though excessive as used.
ortant consideration in cases of torture is the liability of the state in violation of Article 11 committed by officers of the state such e officers. In Thadchanamoorthi v. Attorney General, three junior fficers were alleged to have tortured the petitioner. The superior claimed that such acts were never authorised by him and that ne by junior officers outside the scope of their powers could not e to liability of the state. The majority of judges in the Supreme ook the view that in the absence of an ‘administrative practice’ ing torture, for which relevant considerations would be the ve acts and official tolerance, the alleged acts of the junior police cannot give rise to state liability. A similar approach was taken urugu v. Attorney General. However, it must be noted that the

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court in both these cases found that the petitioner had failed to es torture. In Velmurugu and in Mariyadas Raj v. Attorney Gener dissenting judges had held that where the state had given a co power to its officers, the exercise of such power constitutes exe action, whether exercised in conformity with fundamental rights This position was endorsed in Vivienne Goonewardena v. Perera, now the present position of the law. As noted before, in Sudath S Kodituwakku the Supreme Court reaffirmed this position strongl
It will be recalled that Article 11 prohibits not merely torture, b cruel, inhuman or degrading treatment or punishment. In Sriyan v. Iddamalgoda, the Supreme Court held that although the right was not explicitly recognised by the constitution, such a right co inferred from various provisions of the fundamental rights chap Subasinghe v. Police Constable Sandun, the petitioner was taken hand to the Dankotuwa town in a private vehicle, made to walk hand across town, and then taken away. The Supreme Court held th amounted to degrading treatment in terms of Article 11.
In Kumarasena v. Sub-Inspector Shriyantha, a young woman was ar without reasonable grounds and during her detention of about six was subjected to crude sexual harassment by police officer Supreme Court held that she had been subjected to degrading trea
Freedom from arbitrary arrest, detention and punishme Article 13 concerns the rights recognised by the constitution rela personal liberty. The specific rights recognised under this provis freedom from arbitrary arrest (Article 13 (1)); right to be produced a judge (Article 13 (2)); right to a fair trial (Article 13 (3)); freedom arbitrary punishment (Article 13 (4)); presumption of innocence ( 13 (5)); and freedom from retroactive penal legislation (Article 1
Article 13 (1) states that no person shall be arrested except accord procedure established by law. Any person arrested shall be inf of the reason for his arrest. The ‘procedure established by law’ is in Section 23 (1) of the Code of Criminal Procedure Act No. 15 o
In Mahinda Rajapakse v. Kudahetti, the petitioner was an Oppo Member of Parliament and secretary of the Committ Parliamentarians for Fundamental and Human Rights. H

HUMAN RIGHTS REPORTING
titioner had failed to establish Raj v. Attorney General, the e state had given a coercive power constitutes executive ith fundamental rights or not. oonewardena v. Perera, and is oted before, in Sudath Silva v.
d this position strongly.
s not merely torture, but also r punishment. In Sriyani Silva hat although the right to life titution, such a right could be ndamental rights chapter. In titioner was taken handcuffed le, made to walk handcuffed upreme Court held that this s of Article 11.
a young woman was arrested r detention of about six hours, ent by police officers. The jected to degrading treatment.
etention and punishment
by the constitution relating to ised under this provision are )); right to be produced before (Article 13 (3)); freedom from umption of innocence (Article al legislation (Article 13 (6)).
arrested except according to n arrested shall be informed established by law’ is set out rocedure Act No. 15 of 1979.
etitioner was an Opposition ry of the Committee of d Human Rights. He was
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attempting to board a flight to Working Group on Enforced o his possession documents an abuses. He was stopped at th disclosing that he was a polic wished to examine the petition the petitioner handed over his b were retained by the police off boarded his plane. The Suprem an arrest.
In Namasivayam v. Gunawarde when he was arrested by a poli stated that he was not inform argued that there was no arres the petitioner to accompany and after questioning the peti Court rejected this argument a reason of not informing the pet taken place because even thou the threat of force to procure th
Similarly in Piyasiri v. Fernan returning from work at the airp by ASP Fernando of the Bribery asked about foreign currency, asked to proceed to the Seeduw they were searched and asked Department for questioning, ag after giving an undertaking to Court the next day. The ASP d disagreed, stating that from t Seeduwa to the time they pr Court, they were under the c consequently deprived of th constituted arrest.
There is a large number of cas Article 13, which it is not poss of law, further complicated by and the exercise of arrest and

ting to board a flight to Geneva to attend the 31st Session of the g Group on Enforced or Involuntary Disappearances. He had in session documents and photographs showing human rights He was stopped at the airport by a police officer, who after ing that he was a police officer, informed the petitioner that he to examine the petitioner’s luggage. After an exchange of words, tioner handed over his baggage, the documents and photographs tained by the police office (issuing a receipt), and the petitioner d his plane. The Supreme Court held that this did not constitute st.
asivayam v. Gunawardena, the petitioner was travelling in a bus e was arrested by a police officer at Ginigathhena. The petitioner hat he was not informed of his arrest, whereas the respondent that there was no arrest. The respondent had merely ‘required’ itioner to accompany him to the Ginigathhena Police Station, er questioning the petitioner, had ‘released’ him. The Supreme ejected this argument and stated that an unlawful arrest (for the of not informing the petitioner of the reason of arrest) had indeed lace because even though there had been no actual use of force, at of force to procure the petitioner’s submission was sufficient.
ly in Piyasiri v. Fernando, ASP, several customs officers were ng from work at the airport when they were stopped at Seeduwa Fernando of the Bribery Commissioner’s Department. They were bout foreign currency, foreign liquor etc in their possession and o proceed to the Seeduwa Police Station, in their own cars. There re searched and asked to proceed to the Bribery Commissioner’s ment for questioning, again in their own cars. They were released ving an undertaking to present themselves at the Magistrate’s he next day. The ASP denied formal arrest. The Supreme Court ed, stating that from the time the petitioners were stopped at a to the time they presented themselves at the Magistrate’s they were under the coercive directions of ASP Fernando and uently deprived of the freedom of movement in a way that
ted arrest.
s a large number of cases in relation to the rights established by 13, which it is not possible to discuss here. It is a complex body further complicated by the operation of emergency regulations, exercise of arrest and detention powers by poorly informed

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and insufficiently rights-literate police officers and members armed forces.
Freedom of speech and expression including publication Article 14 (1) (a) guarantees the freedom of speech and expr including publication. It is, however, a right that may be restric balance against other interests. Articles 15 (2) and (7) sets o restrictions as may be prescribed by law on free speech. ‘Prescri law’ is an important factor, in that restrictions cannot be based on administrative decision, but must have the quality of law, althou this purpose, emergency regulations would be considered ‘law restrictions permitted by Article 15 (2) are the interests of religio racial harmony, or in relation to parliamentary privilege, conte court, defamation or incitement to an offence. The restrictions per by Article 15 (7) are the interests of national security, public ord the protection of public health and morality, or for purpose of se due recognition for the rights and interests of others, or of meeti just requirements of the general welfare of a democratic society provision has been criticised as being unduly broad and permis restrictions, and does not include requirements of justification p the imposition of restrictions, such as reasonableness and proportio However, the Supreme Court has on occasion read into the Art additional requirements not found in the text of the constitution as that there should be a ‘rational and proximate nexus’ betwe restriction and the object sought to be achieved by the restr established in the case of Joseph Perera v. Attorney General.
Freedom of expression has been one of the most exciting areas in the Supreme Court has developed its case law, especially in the with some innovative and bold judgments. Consequently impossible to discuss all or many of the important cases here. follows is a short selection.
In Victor Ivan v. Sarath N. Silva, the petitioner who was the editor Ravaya newspaper, suggested that newspapers exercising the fr of expression should be treated differently from ordinary citiz that in exposing misconduct and corruption, newspapers performing a service to the public. The Supreme Court rejecte contention, holding that right under Article 14 (1) (a) was avail everyone alike.

HUMAN RIGHTS REPORTING
officers and members of the
n including publication
m of speech and expression ight that may be restricted in s 15 (2) and (7) sets out the n free speech. ‘Prescribed by ions cannot be based on mere e quality of law, although for uld be considered ‘law’. The the interests of religious and entary privilege, contempt of ce. The restrictions permitted al security, public order and ity, or for purpose of securing ts of others, or of meeting the of a democratic society. This uly broad and permissive of ments of justification prior to nableness and proportionality asion read into the Article 15 text of the constitution, such roximate nexus’ between the achieved by the restriction,
ttorney General.
most exciting areas in which e law, especially in the 1990s ments. Consequently, it is important cases here. What
ner who was the editor of the apers exercising the freedom tly from ordinary citizens, in ruption, newspapers were Supreme Court rejected this cle 14 (1) (a) was available to
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In Joseph Perera v. Attorney Ge “Freedom of speech and expr convictions and opinions free pictures or any other mode. I through banners, posters, signs and dissemination of knowled and propagation of ideas; thi circulation.”
In Channa Peiris v. Attorney expression was based on the everyone to achieve person democratic society.
In Amaratunga v. Sirimal, (al Supreme Court held that in a clapping constituted freedom the constitution. On the basis to hold that there were man protected other than merely o
In a public interest applicati Alternatives (CPA), in Karuna was held that the act of voting c by the free speech provision, e the franchise and fundamenta
In Visuvalingam v. Liyanage, i information is part of the free it was possible for readers of a had the right to petition the expression.
Similarly in Fernando v. Sri Lan was a regular listener of a ra arbitrarily stopped, and who freedom of expression throug information. The Supreme Co receive information, in the ab Article 14 (1) (a), was part of the the Sri Lankan constitution. H

h Perera v. Attorney General, the Supreme Court stated that the om of speech and expression means the right to express one’s ions and opinions freely by word of mouth, writing, printing, s or any other mode. It includes the expression of one’s ideas banners, posters, signs etc. It includes the freedom of discussion semination of knowledge. It includes the freedom of the press opagation of ideas; this freedom is ensured by the freedom of
ion.”
na Peiris v. Attorney General, it was stated that freedom of ion was based on the desire to discover the truth, the need of ne to achieve personal fulfilment, and the demands of a atic society.
ratunga v. Sirimal, (also known as the Jana Ghosha Case) the e Court held that in a political demonstration, drumming and g constituted freedom of speech and expression guaranteed by stitution. On the basis of foreign authorities, the court went on that there were many forms of expression which may be ed other than merely oral utterances and published material.
blic interest application supported by the Centre for Policy tives (CPA), in Karunatilleke v. Dayananda Dissanayake (No. 1), it d that the act of voting constituted a form of expression protected ree speech provision, even though the respondents argued that chise and fundamental rights must be kept separate.
valingam v. Liyanage, it was held that the freedom to receive ation is part of the freedom of expression and that accordingly, ossible for readers of a regular newspaper arbitrarily shut down right to petition the court for a violation of the freedom of ion.
ly in Fernando v. Sri Lanka Broadcasting Corporation, the petitioner egular listener of a radio programme that was suddenly and ily stopped, and who claimed the stoppage had infringed his of expression through being deprived of his right to receive ation. The Supreme Court refused to recognise that a right to information, in the absence of such an express right as part of 14 (1) (a), was part of the freedom of expression recognised under Lankan constitution. However, the court stated that such a right

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could be inferred from the freedom of thought recognised by A 10, because a listener’s access to the information imparted cancelled radio programme was what enabled him to exerc freedom of thought.
Nevertheless in Environmental Foundation Ltd. v. Urban Develo Authority, a right to information was recognised as being imp certain cases by the Supreme Court. The court stated that for fr of expression to be meaningful and effective, the implicit righ person to receive relevant information from a public authority in r of matters that ought to be within public knowledge must be recog This was especially so when the public interest in disclosure outw the governmental interest in confidentiality. The case concern application made in the public interest by the petitioner environm group about an alleged decision by the Urban Development Aut to hand over the management of the Galle Face Green to a p company, EAP Ltd.
In Deshapriya v. Municipal Council, Nuwara Eliya, the petitioner the editor and proprietor of the Yukthiya newspaper. The Ma Nuwara Eliya had forcibly taken away bundles of the newspape a stall in Nuwara Eliya, and also threatened the stall owner th agency with the state-owned Lake House newspapers wou cancelled. Taking this fact and the fact that the Yukthiya was per to be an ‘anti-government’ newspaper into consideration, the Su Court held that the petitioners’ rights under Article 14 (1) (a) ha violated by the Mayor.
Freedom of Assembly The freedom of peaceful assembly involves the right to particip public rallies, meetings, processions and demonstrations guaranteed by Article 14 (1) (b). This right may be restricted interests of racial and religious harmony.
In Wanigasuriya v. Peiris, the petitioners wanted to hold a semi the decisions of the Supreme Court on human rights. The petit were ejected from the venue on the ground that they had brea condition on which permission had been granted. The Supreme held that Article 14 (1) (b) had been violated.

HUMAN RIGHTS REPORTING
ought recognised by Article formation imparted by the enabled him to exercise his
n Ltd. v. Urban Development ognised as being implicit in court stated that for freedom ctive, the implicit right of a a public authority in respect owledge must be recognised. rest in disclosure outweighed ality. The case concerned an the petitioner environmental rban Development Authority alle Face Green to a private
ra Eliya, the petitioners were a newspaper. The Mayor of ndles of the newspaper from ened the stall owner that his use newspapers would be at the Yukthiya was perceived o consideration, the Supreme er Article 14 (1) (a) had been
es the right to participate in and demonstrations and is ght may be restricted in the
wanted to hold a seminar on uman rights. The petitioners nd that they had breached a granted. The Supreme Court ted.
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In Vivienne Goonawardena v. Per of his statutory powers under petitioner on grounds that we have violated the petitioner’s r A similar result was achieved refused the United National P
Freedoms of association an The freedom of association is g 14 (1) (c), and to form and join freedom of association under Article 15 (4) in the interests of economy. Both freedoms can in the interests of national sec
An important constitutional p the freedom of association is Amendment to the Constituti aftermath of the ethnic riots in outlawed even the peaceful provided that where the Supr the establishment of a separat or group would be immediately for the loss of any parliamenta of property. It was under the Tamil United Liberation Front their parliamentary seats in 1 oath of allegiance prescribed b
Similarly, under emergency r Communist Party, the Nava Sa Vimukthi Peramuna (JVP) w Attorney General and Mallikarac held that a proscription order cannot be challenged as a viola orders were made by the Presid under Article 35 (1).
In Gunaratne v. People’s Bank, th People’s Bank, to resign from

nne Goonawardena v. Perera, a police officer acting in contravention tatutory powers under the Police Ordinance, and arrested the er on grounds that were not recognised by the law, was held to olated the petitioner’s right to assembly under Article 14 (1) (b). ar result was achieved in Athukorale v. de Silva, when the police the United National Party to hold its May Day rally in Kandy.
doms of association and to form and join a trade union edom of association is guaranteed to every citizen under Article c), and to form and join a trade union by Article 14 (1) (d). The of association under Article 14 (1) (c) can be restricted under 15 (4) in the interests of racial or national harmony or the national y. Both freedoms can further be restricted under Article 15 (7) nterests of national security and other grounds set out therein.
ortant constitutional provision having a significant bearing on edom of association is Article 157A introduced by the Sixth ment to the Constitution which was enacted in the immediate th of the ethnic riots in 1983. This widely criticised amendment ed even the peaceful advocacy of a separate state, and also ed that where the Supreme Court declares a party or group has blishment of a separate state as one of its objectives, such party p would be immediately proscribed. There was also the provision loss of any parliamentary seats held by such party and forfeiture erty. It was under the terms of the Sixth Amendment that the nited Liberation Front (TULF) Members of Parliament forfeited arliamentary seats in 1983, by their refusal to take the special
allegiance prescribed by the amendment.
ly, under emergency regulations in force in the mid-1980s, the unist Party, the Nava Samasamaja Party (NSSP) and the Janatha thi Peramuna (JVP) were proscribed in 1983. In Sathyapala v. y General and Mallikarachchi v. Shiva Pasupathi, the Supreme Court at a proscription order made under the emergency regulations be challenged as a violation of fundamental rights because such ere made by the President who enjoyed absolute legal immunity rticle 35 (1).
ratne v. People’s Bank, the plaintiff was required by his employer, s Bank, to resign from his membership of a trade union as a

Page 49
condition for promotion. It was held on appeal by the Supreme that such a requirement was a violation of the right to join a trade
In Yasapala v. Wickremasinghe, the question was whether the r form and join a trade union included a right to strike. The pet pointed out that Section 2 of the Trade Union Ordinance recognis a right to strike, and as such it should also be recognise fundamental right, or at least part of the right to form and join a union recognised by Article 14 (1) (d). The Supreme Court held right to strike was not a fundamental right.
In the Supreme Court determination on the constitutionality Essential Public Services Bill, the court held that while in some cou a right to strike has been recognised as a legal right, in Sri Lanka a right cannot be regarded as a fundamental right recognised constitution, although it may be regarded as a common law righ
In Weeratunga v. Attorney General, the Supreme Court held that th to form and join a trade union did not mean that an officer of a union could not be transferred out of the location in which the b of the trade union of which he is a member is situated. However Alwis v. Gunawardene, the Supreme Court gave a more br interpretation to the phrase ‘form and join’ and held that such a r be meaningfully exercised, it must not only literally mean ‘form’ o but also the continuance of such membership and to freely eng lawful trade union activity.
Freedom of lawful occupation Article 14 (1) (g) guarantees to all citizens the freedom to eng himself or in association with others in any lawful occup profession, trade, business or enterprise. This freedom is subject t restrictions as set out in Articles 15 (5) and (7), including in resp required qualifications and licenses to exercise the right, as well interests of the national economy and the interests of the state in ca on any economic activity.
In Perera v. Jayawickrema, the petitioner argued that his comp retirement from public service deprived him of his fundamenta to lawful occupation as a surveyor. The Supreme Court disagree held that the right was a general right which was not affected petitioner’s case to practice his profession as a surveyor, and that

HUMAN RIGHTS REPORTING
ppeal by the Supreme Court the right to join a trade union.
on was whether the right to ight to strike. The petitioner ion Ordinance recognised the ld also be recognised as a right to form and join a trade e Supreme Court held that a t.
the constitutionality of the that while in some countries legal right, in Sri Lanka, such ental right recognised by the
as a common law right.
reme Court held that the right ean that an officer of a trade location in which the branch er is situated. However, in De ourt gave a more broader ’ and held that such a right to y literally mean ‘form’ or ‘join’ rship and to freely engage in
ns the freedom to engage by in any lawful occupation, his freedom is subject to wide d (7), including in respect of ercise the right, as well as the nterests of the state in carrying
argued that his compulsory him of his fundamental right upreme Court disagreed, and hich was not affected in the as a surveyor, and that Article
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46
14 (1) (g) did not mean the employment or job.
In Abeywardena v. Inspector Gen occupation is protected by Artic is illegal, then there would be
Freedom of movement and Article 14 (1) (h) guarantees to and choosing his residence wit in the interests of national econ and other considerations set o
In a public interest applicati Alternatives (CPA), in Thava known as the Batticaloa Vot controlled by the Liberation prevented from coming into go general elections of 5th Decem contended by the security for conferred by the Prevention of rejected this argument and he the nature asserted by the se freedom of movement had bee

(g) did not mean the right to a particular designation of ment or job.
wardena v. Inspector General of Police, it was held that only a lawful on is protected by Article 14 (1) (g). If the occupation or business l, then there would be no protection under the provision.
dom of movement and residence
14 (1) (h) guarantees to every citizen the freedom of movement osing his residence within Sri Lanka. This right can be restricted terests of national economy (Article 15 (6)) and national security er considerations set out in Article 15 (7).
blic interest application supported by the Centre for Policy tives (CPA), in Thavaneethan v. Dayananda Dissanayake, (also as the Batticaloa Voters’ Case) voters resident in the areas led by the Liberation Tigers of Tamil Eelam (LTTE) were ed from coming into government-controlled areas to vote at the elections of 5th December 2001 by the security forces. It was ed by the security forces that they were acting under powers d by the Prevention of Terrorism Act (PTA). The Supreme Court this argument and held that the PTA did not grant powers of ure asserted by the security forces. Consequently the voters’
of movement had been violated.

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Chapter 3 How to enforce human rights w
hen a domestic convention states procedures. accept and a must human Signature then rights take instrument, steps means to ratify that they they it throug usual
acce instrument and intend to become bound by it. They become bound when the convention or other instrument enters into following ratification. Internal legislation is then required to impl the new obligations. However, in the constitutions of some cou international human rights conventions take precedence over do law, so that judges who are well informed and trained in human legislation can override domestic laws in conflict with the cou international obligations.
When they do sign up to a convention, states may enter a reser (which may interpret or limit a clause), derogate from some claus they allow themselves to suspend them) or, in special circumst they may suspend a convention for a period of time. However, not just a matter of signed treaties. The core human rights conve - known collectively as the International Bill of Human Rights - ar held to be part of customary international law. States cannot from the most fundamental rights, which apply at all times whatever circumstances. and cannot excuse torture or crimes a humanity.
The main responsibility for upholding human rights in a count with the state. It must take legislative and executive action to car what it has promised to do, and to ensure that citizens understan follow human rights rules.
Where internal legislation has incorporated a human rights trea national law, or where a general human rights law has been p then the primary responsibility for enforcing human rights lies w courts. Where human rights standards have been accepted into law should take precedence if laws appear to be in conflict.

HUMAN RIGHTS REPORTING
orce
ts
instrument, they usually sign steps to ratify it through their means that they accept the by it. They become legally nstrument enters into force, is then required to implement nstitutions of some countries ke precedence over domestic and trained in human rights n conflict with the country’s
tates may enter a reservation rogate from some clauses (i.e. or, in special circumstances, iod of time. However, this is re human rights conventions ill of Human Rights - are now al law. States cannot escape ch apply at all times and in use torture or crimes against
uman rights in a country lies executive action to carry out that citizens understand and
ed a human rights treaty into rights law has been passed, ing human rights lies with the e been accepted into law these be in conflict.
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48
However, domestic judges of rights law and legislation to f be patchy. Enforcement by do therefore problematic, especial informed about the law and th
Where internal legal systems h to be taken to an internatio jurisdiction of the court. If th human rights obligations it legislation to comply, or over international obligations.
International Court of Just The International Court of Jus the United Nations, establish independent judges elected by Council. It is not a human righ on the UN Charter and theref can be parties in cases before t can take cases to the court, w disputes and other disagr international obligations.
From time to time, the court ha or in an advisory capacity, o protection of human rights. T are of considerable importan defining international obliga inaccessible to ordinary citizen before it, the procedure can se
International Criminal Co There have been calls for an against humanity since World an International Criminal Cou Prevention and Punishment of blocked, because some states having any jurisdiction over t

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er, domestic judges often have little or no training in human aw and legislation to follow up human rights agreements may hy. Enforcement by domestic courts within many countries is re problematic, especially if the citizens of that country are poorly ed about the law and their rights.
internal legal systems have been exhausted, it is open for a case aken to an international court, if the State recognises the tion of the court. If the Court rules that a State has broken its rights obligations it will be expected to alter its domestic ion to comply, or overrule the domestic laws which contradict tional obligations.
rnational Court of Justice
ernational Court of Justice at The Hague is the judicial organ of ited Nations, established by its Charter and made up of 15 ndent judges elected by the General Assembly and the Security l. It is not a human rights court, although its rulings can be based UN Charter and therefore impact on human rights. Only states parties in cases before the court. Neither individuals nor NGOs e cases to the court, whose main function is to settle border es and other disagreements between states about their tional obligations.
me to time, the court has taken decisions, in either an adjudicator n advisory capacity, on questions regarding the existence or ion of human rights. The court’s deliberations on these issues considerable importance, since they play a significant role in g international obligations. However, not only is the court sible to ordinary citizens, but even when a state lays a complaint it, the procedure can seem painfully slow.
rnational Criminal Court
ave been calls for an international body to deal with crimes humanity since World War I. Lawyers studied the feasibility of rnational Criminal Court following the 1948 Convention on the tion and Punishment of the Crime of Genocide, but progress was , because some states refused to agree to international courts any jurisdiction over their citizens.

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The establishment of International Criminal Tribunals for the F Yugoslavia (in 1993) and Rwanda (1994) revived the idea. It was agreed in Rome in June and July 1998, when 120 nations voted in of a permanent International Criminal Court. This has the po investigate and bring to justice individuals who commit the most s crimes of concern to the international community, such as gen war crimes and crimes against humanity.
However, the United States, China and some other countries against the move. The US claims the court infringes its ri sovereignty, and it has concluded bilateral agreements with many granting immunity to US citizens from applications to the court. agreements cast doubt over the ability of the court to deal fairl the most serious allegations when citizens from smaller and w countries will have to face the court, while those who act on be the US may not. The US says that it will try cases involving it citizens itself.
The treaty came into force on July 1, 2002, and the court can onl cases that occur after that date. As of July 2007, 105 countries ha ratified the agreement.
The court is a permanent institution based at The Hague Netherlands with 18 judges elected by an Assembly of State N made up of states that sign the Statute. The prosecutor can i actions, as well as act at the request of states or the UN Security C The court is designed to be complementary to national judicial sy and will not act where someone is already subject to a proper tria independent state. It would prefer trials to be carried out within but will act where this is not happening.
The court has the power to investigate and punish the most s crimes of concern to the international community: genocide, against humanity, war crimes and aggression. Crimes against hum include torture, rape, sexual slavery, enforced prostitution, en disappearances, apartheid and forcible transfer of populations a as murder, extermination, enslavement and imprisonment, wh of these offences are part of a widespread or systematic attac civilian population.

HUMAN RIGHTS REPORTING
nal Tribunals for the Former evived the idea. It was finally n 120 nations voted in favour ourt. This has the power to who commit the most serious mmunity, such as genocide, .
some other countries voted court infringes its right to l agreements with many states plications to the court. These f the court to deal fairly with ns from smaller and weaker le those who act on behalf of l try cases involving its own
, and the court can only hear
2007, 105 countries had
based at The Hague in the n Assembly of State Nations . The prosecutor can initiate s or the UN Security Council. y to national judicial systems subject to a proper trial in an o be carried out within states
and punish the most serious ommunity: genocide, crimes ion. Crimes against humanity forced prostitution, enforced ansfer of populations as well nd imprisonment, when any ad or systematic attack on a
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50
The International Covenan A critically important meth assuming more and more international human rights st of the ICCPR concerning e enforcement procedures are effective are they?
A key feature of the ICCPR as the International Bill of Righ substantive rights in universal it provides for supervision and in the form of procedural obli envisaged for the Treaty Bod feature of the ICCPR is signif ideal as close to reality as seem system in the age before the International Criminal Court.
There are three principal me Committee is given competen treaty obligations: (a) the rep State communications (Article Optional Protocol for individu
It is also to be noted that the g Parties in Part II (Articles 2 mechanism in that it requires and promote civil and politica of effective remedies, and exte all individuals within the te irrespective of his or her citi Committee is more generous th rights regimes in respect of ad
Finally, it is arguable that the Committee since 1981, to issue as a positive mechanism of Comments, at least notionally States Parties, promote certai rights and limitations, and giv

International Covenant on Civil and Political Rights
cally important method of human rights protection that is ing more and more significance for the enforcement of tional human rights standards domestically are the provisions ICCPR concerning enforcement. What supervision and ment procedures are available under the ICCPR, and how e are they?
eature of the ICCPR as one of the three instruments constituting ernational Bill of Rights is not only that it sets out a list of tive rights in universal and mostly concrete terms, but also that des for supervision and monitoring the observance of these rights orm of procedural obligations for States Parties and by the role ed for the Treaty Body, the Human Rights Committee. This of the ICCPR is significant in that it brought the Rule of Law close to reality as seemed possible within the international legal in the age before the special international tribunals and the tional Criminal Court.
re three principal mechanisms by which the Human Rights ittee is given competence to supervise States in respect of their bligations: (a) the reporting procedure (Article 40); (b) Inter- mmunications (Article 41 and 42); and the provision in the First al Protocol for individual communications.
o to be noted that the general obligations imposed upon States in Part II (Articles 2 – 5) are a significant accountability ism in that it requires explicit commitments to respect, protect mote civil and political rights, including through the provision tive remedies, and extending the protection of the Covenant to viduals within the territorial jurisdiction of a State Party ctive of his or her citizenship status or rights. Moreover, the ttee is more generous than most national or supranational human egimes in respect of admissibility criteria.
, it is arguable that the requirement, used imaginatively by the ttee since 1981, to issue General Comments can also be regarded sitive mechanism of ensuring greater compliance. General ents, at least notionally, are useful as interpretative guides to arties, promote certainty regarding the scope of substantive nd limitations, and give guidance as to procedure.

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Revolutionary as these provisions for the enforcement and super of the Covenant may seem, there are significant obstacles and pro in their operation. The Human Rights Committee is not a judicia that is empowered to execute judgments and punish defaulters, such, its modus operandi is very much in the realm of ‘soft law’ a moral force of its mandate. Moreover, the Statist paradigm in the Covenant is obviously located has also foreclosed certain o that could buttress a more robust human rights regime. Most no this relates to the role of national and international civil socie NGOs, which have a critical role in human rights monitoring, rep and independent verification; but which under the present fram have no formal recognition. Likewise, its does not appear that t specialised agencies have also any notable role within the I framework, admittedly limited as it may seem.
Correspondingly, States in which human rights protection is w have the most disappointing record of compliance with the Comm views. The reporting obligations also have a disappointing record many States providing late and incomplete reports. Pe unsurprisingly, the inter-state communication provision has neve used. In the case of individual communications, although mo more States are acceding to the Optional Protocol, it has been th that the Committee’s views have a habit of being ignored or gene hostility in States in which human rights concerns are most acu observations on the case of Singarasa v. Attorney General and Lankan situation above). The effect of the Committee’s reports, G Comments, and Rules of Procedure do not also seem to have demonstrable impact on States meeting their treaty obligations. view of many commentators, the Committee has also been ham by insufficient institutional support and resources.
On the other hand, the Human Rights Committee has built a reputation for independence, expertise, fairness and impartiali rules-based and adjudicative decision-making body, in contradist to most other international bodies which operate under the dictat dynamics of international politics and diplomacy. Ironically, it a that it is this very positive feature that makes it unable to exert th of political pressure or harness the media spotlight in the furth of human rights protection within States.

HUMAN RIGHTS REPORTING
enforcement and supervision ficant obstacles and problems mmittee is not a judicial body and punish defaulters, and as he realm of ‘soft law’ and the e Statist paradigm in which so foreclosed certain options rights regime. Most notably, ternational civil society and rights monitoring, reporting under the present framework does not appear that the UN able role within the ICCPR seem.
rights protection is weakest pliance with the Committee’s a disappointing record, with omplete reports. Perhaps tion provision has never been ications, although more and Protocol, it has been the case f being ignored or generating concerns are most acute (see Attorney General and the Sri Committee’s reports, General not also seem to have had a heir treaty obligations. In the ittee has also been hampered
esources.
Committee has built a solid airness and impartiality as a ing body, in contradistinction perate under the dictates and lomacy. Ironically, it appears kes it unable to exert the kind a spotlight in the furtherance
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The Human Rights Comm The rules relating to the esta composition, ensuring regiona of internal rules of procedure, for elections to the Human Rig this schema of the Secretary G Parties are set out in Part IV (A
The several competences of th 40 (State Parties’ reporting obli and 42 (Inter-State communi including conciliation) and in communications).
The Reporting Procedure The reporting obligation is th ICCPR, and is compulsory for reports: (a) Initial Reports; (b) Reports.
Under Article 40 (1) and (2) submitted within one year of a measures it has adopted to gi Covenant, and must also inclu effect to same. The Committee that periodic reports are to be exceptional cases, it may also supplemental reports in orde Committee has also issued gu procedure for the submission o the Committee is required to reports along with general com Economic and Social Council ( State Party an opportunity to in (including questions relating reporting cycles) prior to draf report.
It has been pointed out that reporting procedure has enge with State Parties. It seems to

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Human Rights Committee
es relating to the establishment, membership requirements, ition, ensuring regional representation, quorum and enactment nal rules of procedure, remuneration, and a detailed framework ions to the Human Rights Committee, as well as the roles within ema of the Secretary General of the United Nation and of States are set out in Part IV (Articles 28 – 30) of the ICCPR.
eral competences of the Committee are to be found in Articles e Parties’ reporting obligations and basic procedure), Articles 41 (Inter-State communications and the role of the Committee g conciliation) and in the First Optional Protocol (individual nications).
Reporting Procedure
orting obligation is the main instrument of supervision in the and is compulsory for all States Parties. There are three kinds of : (a) Initial Reports; (b) Periodic Reports; and (c) Supplemental
.
Article 40 (1) and (2), a State Party’s initial report must be ed within one year of accession to the Covenant, describing the es it has adopted to give effect to the rights established in the nt, and must also include reference to any constraints in giving same. The Committee has decided in terms of Article 40 (1) (b) iodic reports are to be submitted every five years by States. In onal cases, it may also call for special reports, and in others, ental reports in order clarify or seek fuller information. The ttee has also issued guidelines regarding the form, content and re for the submission of these reports. In terms of Article 40 (4), mittee is required to study the State report and transmit its along with general comments to the State Party and to the UN ic and Social Council (ECOSOC). The Committee provides the rty an opportunity to introduce its report and answer questions ing questions relating to follow up measures from previous g cycles) prior to drafting and adopting its views on the State
een pointed out that this approach of the Committee to the g procedure has engendered a more constructive relationship ate Parties. It seems to have encouraged States to not only to

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meet their obligations in respect of timely submission, but also enh the quality and completeness of their reports, as well as the impo they place in responding to the Committee’s invitations to prese clarify such reports.
However, there are several criticisms of the reporting procedu have emerged over the years. Some of the more trenchant of these to the neutral and general nature of the Committee’s annual r (Article 45), precluding the opportunity to make State-sp recommendations and comments; the formal exclusion of jour and NGOs, and the limited role played by the specialised agencie in the light of the Committee’s inability to independently enfo views where necessary, the absence of any higher (political) bod can ensure compliance.
Most of these criticisms are valid ones. They occasion an appra the reporting mechanism in the light of present circumstances. the framework set out for reporting may have been ground-break the time of drafting of the ICCPR, the subsequent consolidation ICCPR as evidenced by the growing body of the Comm jurisprudence, the increasing acceptance by States of the unive of the rights set out in the Covenant, and the ever-increasing num States wishing to accede to not only the Covenant, but also relatively more intrusive Optional Protocols suggest that a more reporting capacity for the Committee is now not only desirab also possible.
Likewise, there appears to be no continued justification that civil s is not given a more formal role to play in the reporting proces international system is less State-centric now than in the 1960s, an society (of which journalists and the media are a fundamenta and empowered citizens play an increasingly prominent role participatory democratic governance paradigms on the ascen across the globe. In the context of the developing world, international protection of human rights is perhaps most neede increasing recognition given to human rights benchmarks an society participation in development assistance models, woul suggest that access of NGOs to the Committee is in consonanc emerging trends.

HUMAN RIGHTS REPORTING
ubmission, but also enhanced rts, as well as the importance e’s invitations to present and
the reporting procedure that more trenchant of these relate Committee’s annual reports ity to make State-specific rmal exclusion of journalists the specialised agencies; and, to independently enforce its y higher (political) body that
hey occasion an appraisal of resent circumstances. While ave been ground-breaking at sequent consolidation of the body of the Committee’s by States of the universality he ever-increasing number of e Covenant, but also to the ols suggest that a more robust now not only desirable, but
justification that civil society in the reporting process. The ow than in the 1960s, and civil dia are a fundamental part) singly prominent role in the radigms on the ascendancy developing world, where is perhaps most needed, the rights benchmarks and civil sistance models, would also mittee is in consonance with
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It is also obvious that the C adjudicatory function withi However, this also means that its own views, without damag undeniable that the political Committee’s reports be under the High Commissioner for H
Inter-State Communicatio Articles 41 and 42 set out the ru is considerable detail, whe competence of the Human Rig to each other regarding conce with obligations under the Co cannot arrive, within set timel at first instance, then the Com to resolve the dispute. If this t hoc conciliation commission to
There are several structural as w Of the former, the activation acceptance of the Committee’s upon accession to the ICCPR) commission is entitled to dec non-binding recommendation
It is very hard to imagine international legal system, h particularly one that is as con also remarkable for being international context of the mechanism has never been use of human rights as a principle may be a future role for this m is a remote possibility.
Individual Communicatio This is by far the most innovat for human rights protection, the Human Rights Committee This mechanism has been wi

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so obvious that the Committee is best-placed to perform an catory function within international human rights system. er, this also means that it cannot engage in an advocacy role for views, without damaging its impartiality. In this context, it is able that the political and diplomatic follow through of the ittee’s reports be undertaken by a different body (e.g., Office of
h Commissioner for Human Rights; Human Rights Council).
r-State Communications
41 and 42 set out the rules in regard to inter-state communication iderable detail, whereby States recognising this specific ence of the Human Rights Committee are able to communicate other regarding concerns they have about a State’s compliance ligations under the Covenant. If the States Parties themselves arrive, within set timelines, to a settlement on a communication instance, then the Committee provides its good offices in order ve the dispute. If this too fails, then there is provision for an ad ciliation commission to attempt to resolve the matter amicably.
re several structural as well as political limitations to this schema. former, the activation of the procedure requires a declaratory nce of the Committee’s competence in this respect (not automatic ccession to the ICCPR), and the Committee nor the conciliation ssion is entitled to decide the dispute. They may only suggest
ding recommendations and good offices.
ry hard to imagine within the political dynamics of the tional legal system, how such a framework could be useful, larly one that is as convoluted and non-imperative as this. It is markable for being contemplated in the era of bi-polar tional context of the 1960s. It is hardly surprising that the ism has never been used. Perhaps with the growing importance an rights as a principle of international law and practice, there a future role for this mechanism, but admittedly, even now this ote possibility.
vidual Communications
by far the most innovative mechanism in the ICCPR framework an rights protection, enabling individuals to directly petition man Rights Committee upon exhaustion of domestic avenues. echanism has been widely availed of by individuals, and is a

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significant element of the future development of the regi international human rights protection. However, this right i available to individuals in States that have acceded to the First Op Protocol. The Protocol, which is in the form of a separate treaty, s the rules regarding who may apply and under what circumstan brief, any individual claiming to be a victim of a violation of an set forth in the Covenant may communicate a written complaint Committee, subject to having exhausted all domestic remed addition to the latter, there are several other admissibility cons including those relating to standing, although in many respec regime is liberal and inclusive.
The relevant State Party has an opportunity to respond to the alleg on both admissibility and merits. It may also inform the Com regarding any remedial measures that have been taken subsequ the communication. The Committee takes into account the inform given by both the complainant and the State Party in arriving views.
Several concerns expressed by commentators regarding the Comm procedure in respect to expeditiousness and efficiency have now adopted, with the result that all communications are now vetted Committee member serving as the Special Rapporteur on Communications (having been screened by the Secretariat of the of the United Nations High Commissioner for Human Rights bef then goes to the Working Group on New Communications admissibility is decided by consensus. If there is no consensus stage, the matter is decided by the full Committee.
An increasing number of States have in the last one and half d acceded to the Optional Protocol, indicating on surface a positive in human rights protection worldwide. Unfortunately, the rea somewhat different with many States failing to take active meas give effect to the Committee’s views, routinely ignoring ad findings, and in some cases displaying outright hostility.
The fundamental weakness as any number of commentators poi is that the Committee’s views are legally non-binding, carryin the force of moral suasion and some political influence. The Com has attempted to secure some follow up through the designatio Special Rapporteur for this purpose, mandated, among other thi

HUMAN RIGHTS REPORTING
elopment of the regime of However, this right is only acceded to the First Optional of a separate treaty, sets out nder what circumstances. In im of a violation of any right ate a written complaint to the d all domestic remedies. In ther admissibility constraints hough in many respects, the
y to respond to the allegations also inform the Committee ve been taken subsequent to into account the information State Party in arriving at its
ors regarding the Committee’s nd efficiency have now been cations are now vetted by the ecial Rapporteur on New y the Secretariat of the Office r for Human Rights before). It ew Communications where there is no consensus at this mmittee.
the last one and half decades ng on surface a positive trend Unfortunately, the reality is ing to take active measures to routinely ignoring adverse tright hostility.
r of commentators point out, non-binding, carrying only cal influence. The Committee through the designation of a dated, among other things, to
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56
conduct ongoing dialogues wi making on-site visits. These i any dramatic results, and have considerations.
Summary of the role and protection under the ICCP The ICCPR and the First Optio an important segment of huma arrangement for their protecti both for their substance as wel commitment to certain basic v
While substantial impedim realisation in tangible terms of major structural obstacles inh which continues to be domina be observed that the global hu trend. The receptivity of Sta increasing number of States ac
Nothing turns on the question strategic considerations or pri provides an appropriate comp based and politically-neutral ap provided that an institution diplomatic follow through is d

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t ongoing dialogues with States Parties on compliance as well as on-site visits. These initiatives have, however, not produced matic results, and have also been hampered by lack of resources rations.
mary of the role and effectiveness of human rights ection under the ICCPR mechanisms
PR and the First Optional Protocol are salutary instruments of rtant segment of human rights, and indeed for some institutional ment for their protection and enforcement. They are important, r their substance as well as their symbolism in terms of universal tment to certain basic values relating to human dignity.
substantial impediments to their implementation and the ion in tangible terms of the rights they espouse remain, including tructural obstacles inherent to the international legal system ontinues to be dominated by the nation-state paradigm, it is to rved that the global human rights movement is on an upward The receptivity of States to these realities is reflected in the ing number of States acceding to the Covenant and the Protocols.
g turns on the question whether such behaviour is motivated by ic considerations or principled commitments – formal accession es an appropriate complementarity for the adjuticative, norms- nd politically-neutral approach of the Human Rights Committee, ed that an institutional support structure for political and atic follow through is developed.

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Chapter 4 What human rights instruments say about journalism T
he Universal Declaration of Human Rights and the ICCP layout the right to freedom of expression in Article 1 Declaration says it most simply:
“Everyone has the right to freedom of opinion and expressio right includes freedom to hold opinions without interference seek, receive and impart information and ideas through any m and regardless of frontiers.”
These clauses do not give any special rights to journalists or journ except by implication. The right is not to publish, but to freed expression. The rights belong not especially to journalists but members of the public. Journalists have the same right to freed expression as held by other people. However, journalists have a s role to deliver rights for other people. Journalists are facilita helping people to achieve their right to free expression.
Limitations on freedom of expression
Article 29 (2) of the Declaration says:
“In the exercise of his rights and freedoms, everyon be subject only to such limitations as are determin law solely for the purpose of securing due recog and respect for the rights and freedoms of others meeting the just requirements of morality, public and the general welfare in a democratic society.”
Article 19 of the ICCPR says in its final part (summarised):

HUMAN RIGHTS REPORTING
an rights s say about
an Rights and the ICCPR both expression in Article 19. The
pinion and expression; this without interference and to d ideas through any media,
ts to journalists or journalism, o publish, but to freedom of ially to journalists but to all the same right to freedom of ver, journalists have a special Journalists are facilitators in ee expression.
ssion
and freedoms, everyone shall tations as are determined by of securing due recognition d freedoms of others and of nts of morality, public order
democratic society.”
art (summarised):
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The International Covenant on Civil and Political Rights 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the
right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either oratly, in writing or in print, in the form of art, or through any other media of his choice. 3.The exercise of the rights
provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a)For respect of the rights or reputations of others; (b)For the protection of
national security or of public order (ordre public), or of public health or morals. Article 19
The European Convention on Human Rights “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers:’ Article 10

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The exercise of duties and respo to certain restrict and where nece reputations of ot or of public orde
How far does this allow sta expression? The Human Ri monitors the ICCPR, said (Ge hold opinions cannot be res expression can be restricted, a also said that no restrictions m right itself. Many national sup that freedom of expression a essential to democracy or the g
The Human Rights Committee limitations could apply to th limitations are permitted in or
• Protect people again
• Protect people’s priv
• Allow the State to pr
• Prevent hate journ racism, or hatred aga
• Prevent propaganda
The final three of these could b interest” although this phrase i a national legal framework th by national courts are liable to
Sri Lanka’s Constitution recog (a). However, legal analysts s scope because it is explicit abo interference, and any restrict justified by necessity.
In late 2007, Parliament passed Political Rights Act No. 56 of 2

ENTS SAY ABOUT JOURNALISM
The exercise of freedom of expression carries special duties and responsibilities. It may therefore be subject to certain restrictions but only where provided for by law and where necessary for: the respect of the rights or reputations of others; the protection of national security or of public order, or of public health or morals.
ar does this allow states to restrict the right to freedom of sion? The Human Rights Committee, which oversees and rs the ICCPR, said (General Comment No 10) that the right to pinions cannot be restricted. Only the right to freedom of ion can be restricted, and only under limited circumstances. It d that no restrictions may be imposed that may jeopardise the elf. Many national supreme or constitutional courts have stated edom of expression and opinion are fundamental rights and l to democracy or the guaranteeing of other fundamental rights.
man Rights Committee has explained under what circumstances ons could apply to the freedom of expression. In summary, ons are permitted in order to:
Protect people against inaccurate and offensive statements. Protect people’s privacy in certain cases. Allow the State to protect its security. Prevent hate journalism especially that which promotes racism, or hatred against other nationalities or religions. Prevent propaganda for war.
al three of these could be said broadly to be “to protect the public ” although this phrase is often abused. Journalists operate within nal legal framework that interprets these principles. Decisions onal courts are liable to challenge at international courts.
ka’s Constitution recognises freedom of speech in Article 14 (1) wever, legal analysts say the ICCPR’s Article 19 is broader in ecause it is explicit about the freedom to hold opinions without ence, and any restriction on freedom of expression must be
by necessity.
007, Parliament passed the International Covenant on Civil and l Rights Act No. 56 of 2007 (also known as the ICCPR Act). This

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was presumably meant to cover those rights of the ICCPR, which view of the Government, were not covered by the Constitution o Sri Lankan laws. In reality, however, the ICCPR Act is a disappo measure that does not substantially add to what the Consti establishes, and which do not conform to the standards of human protection ensured by the ICCPR.
The ICCPR Act contains only four main substantive rights-conf provisions in sections 2, 4, 5 and 6: viz., the right to be recognise person before the law; entitlements of alleged offenders to assistance, interpreter and safeguard against self-incrimination; c rights of the child; and right of access to State benefits, respec These provisions are formulated in terms substantially and signif different from the corresponding provisions of the ICCPR.
Section 4 corresponds to the ICCPR provisions of Article 14 (2), ( and (7) but without Article 14 (3) (c), which establishes a min guarantee to be tried without undue delay in criminal trials; or A 14 (1), (4), and (6), which includes the presumption of innoce criminal trials and investigations. These omissions are presuma the reason that the issues they concern are addressed by other Sri L constitutional and statutory provisions.
This approach results in a considerable divergence of standa human rights protection as between domestic Sri Lankan law a ICCPR. For example, the presumption of innocence until proved according to law is expressed as an absolute right in Article 14 (2) I whereas in the apposite Article 13 (5) of the Sri Lankan Consti the presumption is subject to a proviso that the burden of p particular facts may by law be placed on an accused, and mor Article 15 (1) permits the presumption to be overturned by law inc emergency regulations in the interests of national security.
Section 6 corresponds with Article 25 ICCPR but does not menti prohibition on racial discrimination or unreasonable restriction must govern the right to participate in public affairs either dire through freely elected representatives, and to access services pro by the State to the public. Section 6 (2) states that the expression ‘co of public affairs’ shall not include the conduct of any affairs wh entrusted exclusively to any particular authority by or under an which is not a curtailment contemplated by Article 25 of the I

HUMAN RIGHTS REPORTING
ts of the ICCPR, which in the d by the Constitution or other ICCPR Act is a disappointing d to what the Constitution he standards of human rights
substantive rights-conferring he right to be recognised as a f alleged offenders to legal nst self-incrimination; certain State benefits, respectively. ubstantially and significantly ons of the ICCPR.
sions of Article 14 (2), (3), (5), hich establishes a minimum y in criminal trials; or Article resumption of innocence in missions are presumably for addressed by other Sri Lankan
divergence of standards of estic Sri Lankan law and the innocence until proved guilty e right in Article 14 (2) ICCPR, the Sri Lankan Constitution, that the burden of proving n an accused, and moreover, e overturned by law including national security.
PR but does not mention the nreasonable restrictions that ublic affairs either directly or d to access services provided s that the expression ‘conduct duct of any affairs which are thority by or under any law, by Article 25 of the ICCPR.
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Crucially and inexplicably, se (b).
The Government’s position on failure to address a decision Singarasa Case, the court rule the Human Rights Committ implementation of the ICCP prominent journalists and edi by the Government since 1998) matters.
In Europe, the European Conv 10 (2) legitimate restrictions o
• Those that are in the territorial integrity, p crime, protection of
• Competing individu information received
• The authority and im
There is a four-part test for de of expression is legitimate:
• Is the restriction pro
• Is the restriction as s
• Does the restrictio mentioned in the tex
• Is the restriction nec
The European Convention ap other words, restrictions must
• Be sufficiently precis on.
• Be genuinely aimed a above.
• Be necessary in a dem need.
• Be proportionate to t

ENTS SAY ABOUT JOURNALISM
ly and inexplicably, section 6 does not incorporate Article 25
vernment’s position on freedom of expression is implied in its to address a decision of the Supreme Court in 2006. In the sa Case, the court ruled that the right of individuals to access man Rights Committee in Geneva (which in turn oversees entation of the ICCPR) was unconstitutional. Previously, ent journalists and editors had exercised this right (recognised overnment since 1998) to obtain redress in freedom of expression .
pe, the European Convention on Human Rights lists in Article gitimate restrictions on freedom of expression as:
Those that are in the public interest (national security, territorial integrity, public safety, prevention of disorder or crime, protection of health and morals). Competing individual rights (protection of reputation or information received in confidence). The authority and impartiality of judges.
s a four-part test for deciding whether a restriction on freedom ession is legitimate:
Is the restriction provided by law? Is the restriction as stated in the law sufficiently clear? Does the restriction serve one of the limited purposes mentioned in the text (e.g. protection of public order)? Is the restriction necessary in a democratic society?
ropean Convention applies the principle of proportionality. In
ords, restrictions must:
Be sufficiently precisely prescribed by law for citizens to act on. Be genuinely aimed at achieving one of the grounds mentioned above. Be necessary in a democratic society; reflect a pressing social need. Be proportionate to the legitimate aim pursued.

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• Be justified by the public interest.
• Not be too broad.
Hate speech 1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that cons incitement to discrimination, hostility or violence shall be proh by law.
Article 20,
Hate speech is usually regarded as material that demonises a n ethnic group or other social groups in such a way that it is likely to violence and put lives at risk. Racist material is outlawed in countries and there have been many discussions about makin speech a criminal offence.
Journalists need to set out to inform in a way that can em communities, rather than adding to a sense of confusio hopelessness through bias, prejudice and insensitivity. Witho knowledge and power that comes with information, communi conflict are easy prey for political manipulation.
In Sri Lanka, there are many cases of media inciting hate in the c of ongoing war. There are many examples where clashes have deliberately been instigated by one side to provide a cover fo own violence, or where the original incident sparking a confli nothing to do with either side’s ethnicity, but rather economic f Similarly in the genocidal wars in the former Yugoslavia and Rw a key driver toward conflict was that media defined people acc to their ethnicity or religion, often using trigger words to make c groups feared and hated. A news report that reduces such imp issues to purely “ethnic” events is inaccurate and can have dang consequences.

HUMAN RIGHTS REPORTING
st.
ibited by law.
gious hatred that constitutes violence shall be prohibited
Article 20, ICCPR
rial that demonises a nation, h a way that it is likely to lead aterial is outlawed in many cussions about making hate
n a way that can empower a sense of confusion and d insensitivity. Without the information, communities in
lation.
ia inciting hate in the context es where clashes have either to provide a cover for their dent sparking a conflict had , but rather economic factors. er Yugoslavia and Rwanda, dia defined people according rigger words to make certain that reduces such important rate and can have dangerous
61
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Article 20, ICCPR

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62
Words that fuel conflict The following case study shows h The publication raised the ethn and blame among communities, to present a balanced representa in violence and an unnecessarily manipulation.
When two Tamil employees ethnic riots in Kandapola, the entitled “Wedi ka nasithi” –
In the clashes that flared, 80 down for three days, and rela (in a town with a majority Ta
The phrase “Wedi ka nasithi implies they provoked the sh Wadee Nasithi” – “Killed by b would have been very differ
Did the editor decide to phr way, following a proper inv victims had been Sinhala, wou differently?
When covering ethnic clas themselves if their reporting and fair way. If they fail to further violence.
Reports on the Kandapola i Tamil newspapers were very
The Tamil newspapers repo thereby implying that mo community.
The Sinhala newspapers imp largely be blamed on the riot In addition, the accident betw all Sinhala newspapers blam retrospect to be grossly exag

ENTS SAY ABOUT JOURNALISM
rds that fuel conflict
lowing case study shows how prejudice and bias can poison the truth. blication raised the ethnic issue above all others, creating division me among communities, rather than using context and background ent a balanced representation of the facts. The result was an increase nce and an unnecessarily volatile situation that was open to further lation.
two Tamil employees died after being shot by police during riots in Kandapola, the main news item in a Sinhala daily was d “Wedi ka nasithi” – “Got themselves shot and killed”.
clashes that flared, 80 shops were vandalised, the town shut for three days, and relations between the Tamils and Sinhalese
wn with a majority Tamil community) deteriorated.
rase “Wedi ka nasithi” – “Got themselves shot and killed” – s they provoked the shooting. By phrasing it instead as, “Wedi Nasithi” – “Killed by being shot” – the meaning and inference have been very different.
e editor decide to phrase the front-page headline in such a ollowing a proper investigation into the killings? And if the s had been Sinhala, would the editor have phrased the headline ntly?
covering ethnic clashes, journalists should always ask elves if their reporting has portrayed all parties in a balanced ir way. If they fail to do so, their reporting may well incite r violence.
ts on the Kandapola incident published in the Sinhala and newspapers were very different.
amil newspapers reported that 52 shops were damaged – y implying that more harm was inflicted on the Tamil unity.
nhala newspapers implied that the events in Kandapola could be blamed on the riot caused by the Tamil estate employees. ition, the accident between a three-wheeler and a bus, which hala newspapers blamed for igniting the clashes, proved in
ect to be grossly exaggerated.

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In Sri Lanka and the former Yugoslavia, journalists and editor not been prosecuted although they may have played a role in cr public support for, or acceptance of, what are now seen as war c In Rwanda, however, four media executives were indicted on c of inciting genocide in 1994. Hassan Ngeze, former editor Rwandan newspaper Kangura, was sentenced to life imprisonm the International Criminal Tribunal for Rwanda in 2003on char conspiracy to commit genocide, direct and public incitement to c genocide, complicity in genocide and crimes against hum According to the indictment Kangura was the best-known exam government-sponsored hate propaganda.
Hassan Ngeze pleaded not guilty and said that freedom of expr had been put on trial. He argued that the prosecutor had q selectively from his newspaper. Some argue that the organs had vi ceased to be media in any real sense and had become weapons o The same can be said of many media outlets in the former Yugo where individuals and ethnic groups were targeted in such a wa violence was inevitable.
It is also possible to use temperate language to promote intol and ethnic discord. Media outlets resort relatively rarely to the ex of hate speech that make a direct appeal to violence. But jour need to avoid “any advocacy of national, racial or religious hatre constitutes incitement to discrimination or hostility”. This can a much more respectable than ruffian calls for violence.
Racism in the media The following is a headline that appeared on page three of a S newspaper: “Girl bought as domestic help sold to playboys fo years – Suspected Muslim couple remanded.”
The headline gave a religious element to what should have straight-forward report, thereby distorting the subject and dire sense of blame and accusation toward an entire religious group, i of two individuals.
The reference in the headline to the religion of the accused immediately points to racial prejudice. But what is the relatio between the abuse of the girl and the ethnicity or religion of the ac

HUMAN RIGHTS REPORTING
journalists and editors have ave played a role in creating t are now seen as war crimes. ves were indicted on charges geze, former editor of the nced to life imprisonment by wanda in 2003on charges of public incitement to commit crimes against humanity. s the best-known example of .
id that freedom of expression the prosecutor had quoted e that the organs had virtually had become weapons of war. lets in the former Yugoslavia e targeted in such a way that
uage to promote intolerance latively rarely to the extremes l to violence. But journalists racial or religious hatred that or hostility”. This can appear
for violence.
d on page three of a Sinhala lp sold to playboys for four ed.”
to what should have been a g the subject and directing a ntire religious group, instead
igion of the accused couple But what is the relationship city or religion of the accused?
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The culture of the Sinhala media offences when a person of a offence.
However, the Code of Ethics o press must avoid prejudicial o colour, religion, sex or to any p
Hate speech is not just an iss refugees and asylum seekers a presented as a group to be fea portrays ethnic groups as mu use individual cases of crime criminal and another group as
Journalists generally do not fav of expression, even where write that may be unpopular. Tha Journalists therefore have a st codes of conduct that are enfor hatred. Where there is a strong a watchdog against assumption for “intolerance speech” to be for “intolerance speech” to t regulation can also ensure that religious hatred do not becom
The IFJ supports self-regulation as experience has shown that can be used to silence media develop a very clear position divisive news coverage. This ca to states to censor or to ban journalism that sees people’s identity, and that there are gre same ethnicity. Quality journali blow apart the myths about e written and broadcast about et the life of a community, greate

ENTS SAY ABOUT JOURNALISM
ure of the Sinhala media is that ethnicity is often related to alleged s when a person of a minority ethnic group is accused of an .
er, the Code of Ethics of Sri Lanka’s Editors’ Guild states, “The ust avoid prejudicial or pejorative reference to a person’s race, religion, sex or to any physical or mental illness or disability”.
eech is not just an issue in times of war. Displaced peoples, s and asylum seekers are often depersonalised in the media and ed as a group to be feared and rejected. This kind of reporting s ethnic groups as mutually incompatible. Media outlets often ividual cases of crime to present a paradigm of one group as l and another group as victims.
ists generally do not favour laws that inhibit the right to freedom ssion, even where writers and broadcasters express strong views y be unpopular. That, after all, is one test of a free media. ists therefore have a strong interest in self-regulation, through f conduct that are enforced, to take on those who promote racial Where there is a strong professional body of opinion that acts as dog against assumptions of ethnic superiority, it is more difficult olerance speech” to become the mainstream in the media and olerance speech” to turn into “hate speech”. Effective self- on can also ensure that restrictions on inciting national, racial or s hatred do not become an excuse for censorship.
supports self-regulation within the media rather than legislation, rience has shown that hate speech laws, although well meant, used to silence media on a range of issues. Journalists need to a very clear position on how to deal with and end ethnically news coverage. This cannot be done by granting greater powers s to censor or to ban media. It can be done by promoting ism that sees people’s ethnicity as just one component of their , and that there are great differences among individuals of the hnicity. Quality journalism that investigates diversity will usually art the myths about ethnicity that fuel conflict. If more was and broadcast about ethnicity and identity as positive factors in of a community, greater understanding might be achieved.

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Journalists, defamation and privacy Journalists have to be aware of national legislation that protects pe rights to privacy and their right not to have their reputation u damaged. Such legislation must accord with the principles outli Article 17 of the ICCPR, which says:
“No one shall be subjected to arbitrary or unlawful interf with his privacy, family, home or correspondence, unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law agains interference or attacks.”
The IFJ and press freedom bodies say that this protection is pr observed by giving members of the public a right to sue in a civi for publication of allegations that are untrue and damaging. Jour should never be successfully sued for what they can show to b and where journalists do defame someone the appropriate pena fine, never imprisonment. Moreover fines should reflect the serio of the offence and ability to pay. Fines should not be used to shut media and should not be used to prevent publication. Journalist a duty of care for what they write and publish and the damages im on untrue and defamatory publications can reflect the deg recklessness on the part of the journalists, taking into accou example such things as whether the person defamed was giv opportunity to rebut allegations.
Article 17 gives everyone an equal right to protection from un interference and unlawful attacks. However, in many cou politicians take for themselves a right to greater protection, ha out heavy punishments to journalists or media who criticise th protecting themselves through laws which ban “insult to the Human rights instruments do not support such laws or rules. I they contravene Article 3 of the ICCPR, which says:
“The States Parties to the present Covenant undertake to e the equal right of men and women to the enjoyment of a and political rights set forth in the present Covenant.
The IFJ promotes the involvement of journalists in self-regulatory b such as a properly constituted Press Council, that are free from control and that can hear complaints and uphold standards. Ho

HUMAN RIGHTS REPORTING
acy
islation that protects people’s ave their reputation unfairly ith the principles outlined in
rary or unlawful interference or correspondence, nor to d reputation. ction of the law against such
at this protection is properly c a right to sue in a civil court ue and damaging. Journalists hat they can show to be true, e the appropriate penalty is a should reflect the seriousness uld not be used to shut down publication. Journalists have lish and the damages imposed s can reflect the degree of ists, taking into account for rson defamed was given an
to protection from unlawful owever, in many countries greater protection, handing media who criticise them, or ich ban “insult to the state”. rt such laws or rules. Indeed
hich says:
ovenant undertake to ensure to the enjoyment of all civil e present Covenant.
alists in self-regulatory bodies, ncil, that are free from state uphold standards. However,
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66
cases can also be brought to try huge fines. Official attempts t to attempts to cover up impr Journalists need to be able to r public interest.
Protection of sources To function effectively, journ things, often at great risk to th protect the identity of those sou courts and by government de those who leak official inform
In several worrying cases eve threaten journalists, while an to intercept phone calls and workplaces of journalists have
Journalists do not all agree on can ever be justified – if, for ex no rights are absolute and tha vacuum. Others say that journ given to a source, unless the s
There is no special right for jo far as it exists, is implicit in the of sources is therefore not a p ordinary people who may bec the European Court of Human should only be ordered to rev In effect, the court has become although it has never given jou sources.
Journalists giving evidenc Closely connected with the p whether journalists should giv working as journalists. If they about what they published but what they published. An appa

ENTS SAY ABOUT JOURNALISM
n also be brought to try to close down publications by imposing nes. Official attempts to punish journalists are also often linked pts to cover up improper conduct by politicians or officials. lists need to be able to rely on a defence that publication is in the interest.
ection of sources
ction effectively, journalists need sources - people who tell us often at great risk to themselves. Journalists need to be able to the identity of those sources. This ability is put at risk by national and by government departments that seek to deter and punish
ho leak official information.
ral worrying cases even in Europe, national courts continue to n journalists, while anti-terrorist laws extended police powers rcept phone calls and emails. Police raids on the homes and
aces of journalists have become commonplace.
lists do not all agree on whether a court order to reveal a source r be justified – if, for example, lives are at risk. Some argue that ts are absolute and that protection of sources cannot exist in a . Others say that journalists have a duty not to break a promise o a source, unless the source gives them permission to do so.
s no special right for journalists to protect sources. The right, so exists, is implicit in the right to freedom of expression. Protection ces is therefore not a privilege for journalists but a right for the y people who may become a source for a journalist. In Europe, opean Court of Human Rights has repeatedly said that journalists only be ordered to reveal sources in exceptional circumstances. t, the court has become a powerful defender of media freedom, h it has never given journalists an absolute right to protect their .
nalists giving evidence in court
connected with the protection of sources is the question of r journalists should give evidence about what they learn while g as journalists. If they do, they will inevitably be asked not only hat they published but also about how they came to know about ey published. An apparently simple question resolves into two

Page 71
separate questions. Should journalists give evidence in court? S journalists be compelled to give evidence in court?
A journalist may have evidence of something or be a witness to incidental to his or her work, just like any other citizen. There seem to be no problem with journalists giving evidence in such in the interests of justice. Where a journalist observes events or re information as part of the job, things become more complicated
Journalists collect information to use as part of, or to support reports. As noted above, journalists should never be seen as an the police or the state and it is highly undesirable for journalists rou to give evidence about what they discover.
Journalists are often present at demonstrations or riots, where t conflict between a crowd and the police or security forces. The of journalists to do this job rests on a kind of tacit approval by the se forces and by the demonstrators that the media will not be att This often breaks down, resulting in attacks on photographe reporters by one or both sides.
News teams covering these events are at much greater demonstrators believe that they will give evidence in court agains and that their film will be handed over to police. This puts journa danger. The IFJ has suggested that freelance journalists and organisations resist handing over film, and even place their m abroad, outside the jurisdiction of their national courts, in adva any official request.
What is true for riots and demonstrations is even more applicable war. Journalists’ lives are particularly at risk when someone has c out a brutal act that could be classified as a war crime and fears journalist will report on it. Journalists are expected to support side” and keep quiet about human rights abuses. It may not e possible for a journalist to remove themselves from the danger be able to file their report. But as soon as they are able to do so, jour have a responsibility to report on what they have seen. The exam the refusal of the United States to permit its personnel to give ev to the International Criminal Court over allegations of human abuses in Iraq, as well as the limited information made available

HUMAN RIGHTS REPORTING
ve evidence in court? Should
in court?
hing or be a witness to events y other citizen. There would iving evidence in such cases, st observes events or receives me more complicated.
part of, or to support, their ld never be seen as an arm of irable for journalists routinely r.
ations or riots, where there is or security forces. The ability f tacit approval by the security media will not be attacked. tacks on photographers and
re at much greater risk if vidence in court against them, police. This puts journalists in elance journalists and news nd even place their material ational courts, in advance of
s even more applicable during sk when someone has carried a war crime and fears that a e expected to support “their s abuses. It may not even be elves from the danger area to ey are able to do so, journalists ey have seen. The example of its personnel to give evidence allegations of human rights mation made available about
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CHAPTER 4: WHAT HUMAN RIGHTS INSTRUMENTS SAY ABOUT JO 68
“Having regard to the importance of the protection of
the treatment of prisoners at G importance of journalists repo journalistic sources for press freedom in a democratic society
Ethics of giving evidence and the potentially chilling effect an order of source disclosure has on the exercise of
Journalists have a right to decid in a court.
that freedom, such a measure cannot be compatible with Article10 of the Convention, unless it is justifiable by an
In 2002, the International Crim subpoenaed Jonathan Randall, to give evidence about what h overriding requirement in the
agreed to make a statement bu public interest.
“Without such protection, sources may be deterred from assisting the press in informing the public on matters of public interest. As a result the vital public watchdog role of the
In December 2002, the tribunal saying that to compel journalis their ability to obtain inform compulsion in future cases wh there was no other way of obtai from giving evidence if they b press may be undermined and the ability of the press to
Serbian journalists Dejan Anast provide accurate and reliable
in October 2002 to the same trib information may be adversely affected”.
in 1991 and 1992.
European Court of Human Rights, March 1996
Anastasijevic agreed in 1999, w of the Federal Republic of Yug “I did not come to cover the w adventure or because I wanted to me and I believed it was my the events that took place in m
“The second thing I wanted to Tribunal is still very unpopul NATO. I wanted to prove it w and talk about the crimes. Afte and spoke without protection.
In 1991, Dulovic was a corre Ekspres and had access to Ser people who had apparently ta

ENTS SAY ABOUT JOURNALISM
tment of prisoners at Guantanamo Bay, underlined the critical nce of journalists reporting on what they see.
cs of giving evidence
ists have a right to decide for themselves whether to give evidence
rt.
, the International Criminal Tribunal for the former Yugoslavia naed Jonathan Randall, a former reporter for The Washington Post, evidence about what he had already reported. Randall at first to make a statement but later refused on ethical grounds.
mber 2002, the tribunal upheld his appeal against its own ruling, hat to compel journalists could have “a significant impact upon ility to obtain information”. The tribunal did not rule out sion in future cases where the evidence was essential and where as no other way of obtaining it. This does not preclude journalists ving evidence if they believe they should do so.
journalists Dejan Anastasijevic and Jovan Dulovic gave evidence ber 2002 to the same tribunal about events in Croatia and Bosnia
and 1992.
ijevic agreed in 1999, when Slobodan Milosevic was President ederal Republic of Yugoslavia and then indicted for war crimes. ot come to cover the war in Yugoslavia because of a sense of re or because I wanted to be a war correspondent. The war came nd I believed it was my duty to contribute and to shed a light on nts that took place in my own country,” Anastasijevic said.
cond thing I wanted to do was to break the ice. The International l is still very unpopular in Serbia, even more unpopular than I wanted to prove it was possible for citizens of Serbia to come about the crimes. After I did that, more Serbian witnesses came ke without protection.”
, Dulovic was a correspondent for the pro-Milosevic Politika and had access to Serbian forces in Croatia. He interviewed who had apparently taken part in killings in Vukovar. He had

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no ethical dilemma when he was asked in 1996 to testify. “I went Hague and spent three days talking to the tribunal. This was ba my notes but also on what I saw, because I saw things that ju imprinted on my mind and stay for a very long time,” he said.
“No one ever forced me to testify. On the contrary. Even if so tried to damn me for testifying I would still have found a way to because I feel that war criminals need to be prosecuted. I have no that there were also crimes from the other side in the war, but I only give evidence of what was seen by my own eyes.”

HUMAN RIGHTS REPORTING
1996 to testify. “I went to The e tribunal. This was based on se I saw things that just get y long time,” he said.
e contrary. Even if someone till have found a way to do it, e prosecuted. I have no doubt r side in the war, but I could
y own eyes.”
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CHAPTER 5 : HUMAN RIGHTS REPORTING 70
Chapter 5 Human rights reporting W
hatever path a rep get away from the l to relate human ri rights conventions are not abo were debated. They are about their lives in safety and witho every reporter, not just politic
Journalists will, of course, repo about human rights. But this h speeches by assessing how the
Governments and other powe policy to infringe people’s hum they do by suggesting that if will lead to communal conflic divisiveness, or sedition. Whe by presenting them as stereoty or disrupters.
Journalists have a duty is infringements on people’s basi that reflects the reality of their their eyes. By writing and tal present their humanity and bri this, journalists need to incorp everyday work in a way that journalists do need some know main a human rights perspectiv and representing them in the
If, for example, the media is people think and say, and poli

Chapter 5 Human rights reporting W
hatever path a reporter sets out on, however, the task is to get away from the language of declarations and charters and to relate human rights to people’s everyday lives. Human onventions are not about the conference chambers in which they ebated. They are about the people who need them to go about es in safety and without fear. Reporting on them is the job of eporter, not just political or diplomatic reporters.
ists will, of course, report the speeches of government ministers uman rights. But this has little value unless journalists test the es by assessing how the rights are implemented.
ments and other powerful groups never declare that it is their o infringe people’s human rights. They sometimes justify what by suggesting that if people exercise certain rights, then this d to communal conflict, or a breakdown in law and order, of eness, or sedition. When they do this, they dehumanise people enting them as stereotypes, or by labelling them as subversives,
pters.
lists have a duty is to show the human effect of these ments on people’s basic rights. People pay attention to reporting lects the reality of their lives and that looks at the world through es. By writing and talking about people, a journalist helps to their humanity and bring human rights issues to life. To achieve rnalists need to incorporate human rights principles into their ay work in a way that makes these rights dynamic. Although ists do need some knowledge of human rights principles, in the human rights perspective comes from spending time with people
resenting them in the media.
xample, the media is preoccupied only with what powerful think and say, and politics is exclusively covered as the preserve

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of politicians, then ordinary people’s human rights can resemble show. If, however, politicians are interviewed in the context of r that show the effects of their decisions on people’s lives and that voice to the people whose lives have been affected, then they wi to justify what they do in a human rights context. Moreover, by equal and fair coverage to the governed and those who gove media is itself delivering on people’s right to freedom of expr and the right to know.
Journalists need a capacity to look at conflict and problems from than one perspective, and to explain the viewpoints of dif participants. Media should never make some people the “object” o report without being prepared also to look at the story fro perspective of those people. Journalism that divides the worl “good” and “bad”, or “us” and “them”, promotes the rights of one over the rights of another. This is poor journalism because it sh situation only from one viewpoint.
Reporting on human rights is also not only about highlighting in and abuses. People are not passive objects of human rights, but participants in achieving them. A reporter who writes about children setting up self-help organisations to promote their safety, and education is writing about children achieving human rights. W in rural areas who set up cooperatives, while making arrangem care for each other’s children, are improving human righ themselves and their children. Communities comprising various groups who find ways to live in harmony should be cause for celeb human rights. Through genuine success stories, the media can h build the self-confidence of communities to take action on the behalf.
Making human rights a reality requires checks on people in pow a well-informed population. People in positions of authority sho a democracy, protect our rights. In practice, checks and watchdo needed to prevent them becoming agents of human rights a Among those watchdogs are specialist civil society organisatio the media, which has the dual role of exposing human rights and of informing ordinary people about their rights so that they a position to assert them. The media plays a crucial role in r people’s awareness of their rights so that each individual know she or he has rights equal to those of other people. They also n

HUMAN RIGHTS REPORTING
an rights can resemble a side- wed in the context of reports people’s lives and that give a affected, then they will have context. Moreover, by giving and those who govern, the ht to freedom of expression
flict and problems from more the viewpoints of different me people the “object” of their look at the story from the that divides the world into omotes the rights of one group urnalism because it shows a
y about highlighting injustice s of human rights, but active rter who writes about street to promote their safety, health ieving human rights. Women hile making arrangements to proving human rights for ies comprising various ethnic hould be cause for celebrating stories, the media can help to s to take action on their own
ecks on people in power and sitions of authority should, in ce, checks and watchdogs are nts of human rights abuses. vil society organisations and posing human rights abuses heir rights so that they are in lays a crucial role in raising t each individual knows that er people. They also need to
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understand that other people - enemies - have equal rights wi
Good practice check list
• Are the people you write a
• Do they have life, liberty a
• Are people arrested withou the protection of the court
• Do women have the freedo marry when they do not w
• Do minorities have the righ
• Do people have access to why not?
• Do children have the righ and fear as outlined in the
• Is the education to which equally available to girls a Why?
• Do people with disabilitie right, or charity?
• What are the major hum country? How are these ad
• Are you free to suggest i chronicle human rights ab
• How can you raise the pro organisation?
• When human rights are re in relation to a few well kn
• Are human rights abuses p other organisations or gro and community?
• Are you reporting human
• If majority cultural values do, can minority cultural h
• How would you approa homosexuals?

and that other people - even people they do not like or regard as s - have equal rights with them.
d practice check list
the people you write about safe? they have life, liberty and security of person?
people arrested without cause and imprisoned without trial and protection of the courts? Do you report these cases? women have the freedom to marry whom they wish (and not to
ry when they do not wish to do so)? minorities have the right to worship according to their religion? people have access to a reasonable standard of living? If not,
not? children have the rights to grow up free from hunger, disease fear as outlined in the Convention on the Rights of the Child? e education to which children are entitled worth having? Is it ally available to girls and boys? Who is unable to go to school? y? people with disabilities have the opportunity to work? Is this a
t, or charity? at are the major human rights issues facing people in your ntry? How are these addressed by your news organisation?
you free to suggest ideas in the newsroom to investigate or nicle human rights abuses?
can you raise the profile of human rights issues in your news anisation? en human rights are reported in your organisation, is it always elation to a few well known individuals?
human rights abuses perpetrated only by governments? What r organisations or groups abuse human rights in your country community? you reporting human rights successes as well as abuses? ajority cultural values dictate what people may and may not can minority cultural human rights be protected?
would you approach a story about the human rights of osexuals?

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• Who are the most reliable sources on human rights issues i country?
• Can you and your colleagues compile a contact sheet of human experts and sources who can help to check and verify storie
• Do these sources cover the full range of human rights, inc state-sponsored terror, the rights of women, the rights of ch and the rights of disabled people?
The following sections deal with some of the ways in which h rights reporting can be applied in relation to several topics.
Police and military The police service, military and other state agencies shou accountable and media scrutiny is one of the main metho accountability. This means that these services should be open and w to answer media inquiries. There should be a clear understand who in authority is permitted to talk to the media, and a swift res to media inquiries. If there is a police or military press office, should have some standards about how long it will take to a inquiries.
Police and military services may initiate publicity by rele information about their operations. Some media do not dispu statements of the police or military. But police and military vers events may be challenged, for example in court, and should the always be attributed and not reported as fact.
In all reporting of police and security operations it is import distinguish between someone who is “helping police”, someon has been arrested, and someone who has been charged with an o Only when someone is charged are they formally accused, and e this case there is no presumption of guilt. The presumption of inn until proven guilty applies to the media as much as to the court
In some countries, police give film to the media that was shot police. This creates a dilemma for news editors who are usually of dramatic photos or film. It should always be remembered tha film gives the viewpoint of the police, and may have been ed delete evidence of any improper action by police. If such film is

HUMAN RIGHTS REPORTING
human rights issues in your
contact sheet of human rights check and verify stories? e of human rights, including omen, the rights of children,
f the ways in which human
to several topics.
r state agencies should be e of the main methods of es should be open and willing be a clear understanding of e media, and a swift response military press office, then it long it will take to answer
iate publicity by releasing e media do not dispute the olice and military versions of court, and should therefore fact.
perations it is important to elping police”, someone who been charged with an offence. ormally accused, and even in he presumption of innocence s much as to the courts.
e media that was shot by the ditors who are usually short ays be remembered that such nd may have been edited to police. If such film is used it
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should be clearly marked and never become the usual metho
Journalists should also take ca police or military operation th being arrested or interviewed put on media not to criticise t inquiring and critical media is n is that closed police and arme and are more likely to abuse become involved in corruptio the right of the media to ask q
Equally, allegations of poli investigated carefully. Authori to allegations against them. Th inquiry held? What did it fin perhaps particularly importan a minority ethnic group. This than other people but becau satisfaction if malpractice did t is critical. But it should not be guilty, and they too should ha
Opening up the police and reporters should be able to sp sessions, and should be able to to join, and about their attitud attention to any special forces whom are they answerable? H do they have? How are those
Police reporters have a difficu police and to get to know the develop contacts who will giv remain independent. It is adv give them breaks from their u up as spokespeople for the pe the case for all specialist repor

be clearly marked and introduced as “police film”. It should ecome the usual method of reporting on crime or war.
ists should also take care if they are allowed to film or observe a r military operation that they do not damage the rights of those rrested or interviewed or otherwise targeted. Pressure is often media not to criticise the police and the military. However, an g and critical media is not a threat to good security. The evidence closed police and armed forces become a law unto themselves, more likely to abuse the rights of suspects and others, or to involved in corruption. Police and military forces that accept t of the media to ask questions are publicly accountable.
y, allegations of police or military malpractice should be ated carefully. Authorities should be permitted the right to reply ations against them. These cases should be followed up. Was an held? What did it find? Was an officer disciplined? This is s particularly important if allegations are made by members of rity ethnic group. This is not because they have greater rights ther people but because they may be less likely to achieve tion if malpractice did take place. The watchdog role of the media al. But it should not be assumed that the police or military are and they too should have a right of reply.
g up the police and military to public scrutiny means that rs should be able to spend time at police and military training s, and should be able to interview recruits about why they want and about their attitudes to the public. The media needs to pay n to any special forces or quasi-paramilitary police forces. To are they answerable? How are they accountable? What powers
have? How are those powers being used or abused?
eporters have a difficult job. They need to become close to the nd to get to know the police culture and ways of working, to contacts who will give them information. But they also need to independent. It is advisable for senior editors to rotate staff or em breaks from their usual beats to ensure that they do not end pokespeople for the people on whom they are reporting. This is e for all specialist reporters.

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People in detention People who have been arrested often disappear into a system tha open for public inspection. Many cases of mistreatment happen d or soon after arrest, before a prisoner is even properly in the s Criticism or questioning of police may not be popular, as the natural resentment toward “soft” treatment for prisoners. How rights for arrested people are a protection for all citizens - since in states, where these rights do not exist, anyone can be arrested a one can defend their rights. It is often useful to ask the question, would you expect your daughter or son to be treated if she or h arrested?”
Journalists need to know how Article 9 of the ICCPR has incorporated into national legislation. Journalists must be able out who is in custody, whether they have been charged, where th being held and in what conditions. Journalists should also be a discover where and when a prisoner is going to appear before a and, except in exceptional cases, have the right to observe and on the hearing. There should be a system of giving media notice o hearings and who is appearing, and this list should not be alte short notice, for example, to protect someone important from coverage. Media should monitor and publish any delays in br people before a court.
In addition journalists should be able to report on the conditions in detained people are kept. Those who are detained should b separately from those who have been convicted. In practice th lead to some prisoners being kept in worse conditions than o because jail houses and prisons may not have sufficient space. Ch under 18 should always be kept separately from adults, and conditions should be particularly monitored. Sometimes what to be a separate facility is just a cell around the corner from the cells.
National laws may entrust inspection of detention facilities to a s civil servant or official. The reports that they make should be and reported. In addition, NGOs may be given rights of acc detention facilities. Their reports should be publicised. Where a pr is not convicted and held on remand for a long period and whe circumstances are controversial, journalists should press to be al to see or interview the prisoner. Rules vary between countrie

HUMAN RIGHTS REPORTING
ppear into a system that is not mistreatment happen during even properly in the system. not be popular, as there is a ent for prisoners. However, for all citizens - since in police yone can be arrested and no ful to ask the question, “How to be treated if she or he was
e 9 of the ICCPR has been urnalists must be able to find been charged, where they are nalists should also be able to oing to appear before a court e right to observe and report f giving media notice of court list should not be altered at eone important from media blish any delays in bringing
ort on the conditions in which re detained should be kept nvicted. In practice this can orse conditions than others, ave sufficient space. Children ately from adults, and their red. Sometimes what is said nd the corner from the adult
etention facilities to a special they make should be public be given rights of access to e publicised. Where a prisoner a long period and where the ts should press to be allowed vary between countries, but
75
The International Covenant on Civil and Political Rights 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such I procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law Ito exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4.Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that Court may decide without delay On the awfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to Compensation Article 9

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CHAPTER 5 : HUMAN RIGHTS REPORTING 76
The International Covenant on Civil and Political Rights
prisoners on remand should b outside visitors. These cont information for journalists whe 1. All persons deprived of their
or the details of their detention liberty shall be treated with humanity and with respect for
Courts the inherent dignity of the human person.
Court reports makes up a con newspapers and broadcasters.
2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and
it. However, a court reporter tales to make the public shudd the content of trials, they must and public hearing by a compe shall be subject to separate
Is the person before the court treatment appropriate to their
inferior because they are inarti status as unconvicted persons. (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
superior because they are a pow Is the defendant given the pres ahead without undue delay? I defendant, is the lawyer up to from a minority ethnic group, 3. The penitentiary system
understand? shall I comprise treatment of prisoners the essential aim of
Primary responsibility for p which shall be their
democratic justice system. B reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded
scrutineer on the performance need to have daily access to th about, the rights of defendants
treatment appropriate to their age and legal status.
Article 10
As with other human rights privileges. Courts should norm they are closed they are usuall
Article 14 of the ICCPR allow the future care of children to reasons for excluding the press order or national security in a the private lives of the parti necessary in the opinion of th publicity would prejudice the
Morality is rarely quoted as a r a reason for excluding repor

rs on remand should be able to consult their lawyers and have visitors. These contacts can become a valuable source of tion for journalists where someone in custody wants their arrest etails of their detention to become more widely known.
ts
eports makes up a considerable chunk of the content of many pers and broadcasters. Crime sells and people like to read about ever, a court reporter should not simply be a retailer of moral make the public shudder. At the same time as reporters record ent of trials, they must also be watching the process. Is this a fair lic hearing by a competent, independent and impartial tribunal? erson before the court equal to all others, or are they treated as because they are inarticulate or because of their ethnicity, or as r because they are a powerful politician or because they are rich? fendant given the presumption of innocence? Has the trial gone ithout undue delay? If the state has provided a lawyer for the nt, is the lawyer up to the job? If the defendant or witnesses are inority ethnic group, is the case conducted in a language they and?
y responsibility for protecting people’s rights lies with a atic justice system. But journalists provide an independent er on the performance of the courts and judges. Court reporters have daily access to the court, and to be able to cite, and write he rights of defendants and witnesses.
h other human rights, journalists do not have any special es. Courts should normally be open to the press and public. When
closed they are usually closed to both.
14 of the ICCPR allows matrimonial disputes and cases about re care of children to be conducted in private. Other possible for excluding the press and public are reasons of morals; public r national security in a democratic society; when the interest of ate lives of the parties so requires; or to the extent strictly ry in the opinion of the court in special circumstances where y would prejudice the interests of justice.
y is rarely quoted as a reason for closing courts. Privacy is often n for excluding reporting of divorce cases and other cases

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involving the care of children. The two most contentious issues are order or national security and where publicity would “prejud interests of justice”. Journalists should be ready to challenge cl for these reasons. Some delay in reporting may be considered reas if two trials are being conducted one after the other, and repor the first trial might prejudice a jury hearing the second. This happen for example where one person is being tried for two di robberies, or where one person has admitted and another has d an offence for which they are jointly charged. That is no reason for c the court and reporting should be freely allowed when the secon is finished. Even in these circumstances there should only be a when it is clearly necessary in the interests of justice, the delay s be as short as possible and the media should be able to challen such order. Media should be especially sensitive to ensure that the is not being misused and that the interests of defendants are pr protected. Media should cover the case fully, even though their r may be delayed.
Public order and national security are often quoted as reasons to r reporting, rarely with justification. States often want to make o material a secret, but the test should be far tougher than this. may be cases where the identity of witnesses has to be withhe their safety, or where details of some evidence may be given in p but these should be challenged and tested by journalists. Even limited measures such as giving evidence anonymously from be screen should be used only when strictly necessary, as this da the rights of the defendant to open justice. In practice this is ofte as an administrative convenience, because, for example, unde police officers or special forces do not want their names to be k However, the interests of defendants dictate that they should kno is making allegations against them and have the right to questio witness. Protection given to witnesses should never damage the s and only restrict the first when absolutely necessary.
Journalists and media need access to a special procedure to cha the ruling of a judge to close a court or to withhold evidence withhold the name of a witness, and that challenge should be q heard by a higher court. In this respect the media does seek an right that the public does not have - the right to be heard as t closure of the court is against the interests of free and fair rep

HUMAN RIGHTS REPORTING
t contentious issues are public blicity would “prejudice the e ready to challenge closures may be considered reasonable r the other, and reporting of ring the second. This might being tried for two different itted and another has denied d. That is no reason for closing llowed when the second case there should only be a delay ts of justice, the delay should uld be able to challenge any sitive to ensure that the order ts of defendants are properly lly, even though their reports
n quoted as reasons to restrict s often want to make official far tougher than this. There esses has to be withheld for ence may be given in private, ed by journalists. Even more anonymously from behind a y necessary, as this damages . In practice this is often used se, for example, undercover ant their names to be known. te that they should know who ave the right to question that uld never damage the second,
necessary.
ecial procedure to challenge to withhold evidence, or to challenge should be quickly he media does seek an extra right to be heard as to why ts of free and fair reporting.
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Where no appeal is granted, their voices heard.
How the ICCPR defines a f
1. All persons shall be equ determination of any cri and obligations in a su fair and public hearin impartial tribunal estab may be excluded from a public order or national the interest of the privat extent strictly necessar circumstances where p justice; but any judgme at law shall be made pu persons otherwise re matrimonial disputes o
2. Everyone charged with
be presumed innocent u
3. In the determination of a
shall be entitled to the equality:
(a) To be informed prom
he understands of th him;
(b) To have adequate tim
defence and to comm
(c) To be tried without u
(d) To be tried in his pre through legal assista if he does not have l legal assistance assig of justice so require, case if he does not h

no appeal is granted, journalists should be prepared to make ices heard.
the ICCPR defines a fair trial
ll persons shall be equal before the courts and tribunals. In the etermination of any criminal charge against him, or of his rights nd obligations in a suit at law, everyone shall be entitled to a air and public hearing by a competent, independent and mpartial tribunal established by law. The Press and the public ay be excluded from all or part of a trial for reasons of morals, ublic order or national security in a democratic society, or when he interest of the private lives of the parties so requires, or to the xtent strictly necessary in the opinion of the court in special ircumstances where publicity would prejudice the interests of ustice; but any judgment rendered in a criminal case or in a suit t law shall be made public except where the interest of juvenile ersons otherwise requires or the proceedings concern
atrimonial disputes or the guardianship of children.
veryone charged with a criminal offence shall have the right to e presumed innocent until proved guilty according to law.
n the determination of any criminal charge against him, everyone hall be entitled to the following minimum guarantees, in full quality:
a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
c) To be tried without undue delay;
d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

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(e) To examine, or have examined, the witnesses against hi to obtain the attendance and examination of witnesses behalf under the same conditions as witnesses against (f) To have the free assistance of an interpreter if he c
understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to c
guilt.
4. In the case of juvenile persons, the procedure shall be s
will take account of their age and the desirability of prom their rehabilitation.
5. Everyone convicted of a crime shall have the right to his con
and sentence being reviewed by a higher tribunal accord law.
6. When a person has by a final decision been convicted of a cr offence and when subsequently his conviction has been re or he has been pardoned on the ground that a new or discovered fact shows conclusively that there has b miscarriage of justice, the person who has suffered punis as a result of such conviction shall be compensated accord law, unless it is proved that the non-disclosure of the unk fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an o
for which he has already been finally convicted or acqui accordance with the law and penal procedure of each cou
International Covenant on Civil and Political Rights Ar
Journalists also have to consider whether in their reportin themselves might damage the principles of fairness and ju Sometimes, from pressure of time, journalists are sent to cov opening of trials but do not sit through the whole process. The d case may get a passing mention or no mention at all. This is unacce practice. If a trial is worth reporting then ways have to be fou follow it through to the end.

HUMAN RIGHTS REPORTING
the witnesses against him and amination of witnesses on his ns as witnesses against him;
an interpreter if he cannot ge used in court;
against himself or to confess
e procedure shall be such as the desirability of promoting
have the right to his conviction higher tribunal according to
n been convicted of a criminal conviction has been reversed round that a new or newly vely that there has been a ho has suffered punishment be compensated according to n-disclosure of the unknown ibutable to him.
punished again for an offence lly convicted or acquitted in procedure of each country
l and Political Rights Article 14
ther in their reporting they les of fairness and justice. nalists are sent to cover the e whole process. The defence ion at all. This is unacceptable n ways have to be found to
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There is also a question about w process.
Journalists need to discuss th However, the interests of just seek freedom to publish as a me or people seeking justice in cou of justice, even though journali of the courts.
Journalists should look into wh are recruited, how they guard their ethnic awareness, their kn instruments, and their attitude
Reporting on children
Media and children
The CRC defines children as y
Most countries extend adult ri including the right to marry, t armed forces, although this m
In Asia, many children are for support their family. Due to cir children are compelled to m exploitative or abusive work, i
As young people mature physi expect to take more decisions
Journalists, like all adults, sho opportunities to express the experiences used and valued.

also a question about what it is proper to print while a trial is in .
ists need to discuss the best system for their local situation. er, the interests of justice should be upheld. Journalists do not edom to publish as a means of damaging the rights of defendants le seeking justice in court. Fair reporting is part of a fair system e, even though journalists must remain completely independent ourts.
ists should look into what training judges are given, how judges uited, how they guard themselves against bias, the extent of nic awareness, their knowledge of human rights legislation and ents, and their attitude to defendants and to police.
orting on children
ia and children
C defines children as young people up to the age of 18.
untries extend adult rights to young people at a variety of ages, g the right to marry, the right to vote, and the right to join the orces, although this may contravene the principles of the CRC.
, many children are forced into adulthood from a young age to their family. Due to circumstances beyond their choosing, many n are compelled to make money for their family through
tive or abusive work, including prostitution.
g people mature physically they become more autonomous and o take more decisions for themselves.
ists, like all adults, should respect young people and give them unities to express themselves and have their opinions and nces used and valued.

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At the same time, journalists must recognise that a young perso not be as confident as she or he looks. To exploit a young pe vulnerability is to violate their rights.
Journalists should consider whether even older teenagers pr understand how information gathered in interviews is to be us whether they can give informed consent.
The onus is on media institutions and journalists to show that th ethically and properly in their dealings with children and young p Young people must be properly informed about why they are filmed or asked questions. They must understand the implicat any agreement to cooperate with a journalist.
Media professionals must understand it would be an abuse of a person’s right to exploit their vulnerability.
Journalists must seek and receive permission from an appropriate where a child or young person cannot give informed consent an is imperative that their story be aired.
Much of the CRC and its two Optional Protocols are about meas protect children. Yet, despite the global support for the CRC, chi rights are grossly abused in several ways, through labour, exploitation and war, among other things.
For example, the exploitation of children for labour and for s problem across the world. Police forces have been urged to wor agencies of other countries to combat the trafficking of childr exploitative purposes and to act against adults who travel to loc where they believe they can easily sexually exploit a child. Jour too should be prepared to work with counterparts in other coun put together an overview of what is happening and to investig situation of children who are trafficked or otherwise exploited should not, however, overlook the need to investigate how peo their own community abuse and exploit children.
One defining characteristic of children is their relative lack of p Their rights are absolute in theory but conditional on adult beh in practice. The media has an important role in examining how the of children are abused and in highlighting shortcomings in a sys

HUMAN RIGHTS REPORTING
ise that a young person may To exploit a young person’s
en older teenagers properly interviews is to be used and
rnalists to show that they act th children and young people. d about why they are being derstand the implications of list.
ould be an abuse of a young ty.
ion from an appropriate adult, e informed consent and yet it
otocols are about measures to pport for the CRC, children’s ays, through labour, abuse, s.
n for labour and for sex is a ave been urged to work with e trafficking of children for dults who travel to locations lly exploit a child. Journalists nterparts in other countries to pening and to investigate the or otherwise exploited. They to investigate how people in hildren.
their relative lack of power. nditional on adult behaviour le in examining how the rights g shortcomings in a system of
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protection. From the point o important rights is Article 12 o
“Parties shall assure to or her own views the r matters affecting the c due weight in accorda child.”
This implies that children sho victims or problems, but also opinions and who are entitled mass media as positive. Articl
“... recognise the impo media and shall ensure and material from a d sources, especially tho social, spiritual and mo health.”
If journalists do one thing to im to give them a voice, through within mainstream programm children into a greater range traditional issues related to c relate fiscal changes to the i reporters can focus on the o fashion and show-biz reporte targeted at adolescent girls pu
Children also have a role as yo other young people and helpi
Respect for independent journ culture of openness about child to be confident that they can confidential sources of inform is paramount but it has to be including the rights of a child As in all forms of self-regul

ion. From the point of view of the media, one of the most ant rights is Article 12 of the CRC.
Parties shall assure to the child who is capable of forming his r her own views the right to express those views freely in all atters affecting the child, the view of the child being given ue weight in accordance with the age and maturity of the hild.”
plies that children should be visible in the media, not only as or problems, but also as young people who hold views and s and who are entitled to express them. The CRC sees the role of edia as positive. Article 17 states:
... recognise the important function performed by the mass edia and shall ensure that the child has access to information nd material from a diversity of national and international ources, especially those aimed at the promotion of his or her ocial, spiritual and moral wellbeing and physical and mental ealth.”
alists do one thing to improve the rights of children it should be them a voice, through special programmes or publications and mainstream programming and publications. The need to bring n into a greater range of media coverage is not just to do with nal issues related to children. Economics correspondents can iscal changes to the impact on services for children. Sports rs can focus on the opportunities for young people. Media, and show-biz reporters may investigate whether marketing d at adolescent girls puts them at risk.
n also have a role as young journalists seeking out the views of oung people and helping to publish them.
t for independent journalism is an essential condition for a media of openness about children and their rights. All journalists need onfident that they can uphold ethical standards and protect ntial sources of information. The right to freedom of expression ount but it has to be balanced against other important rights, ng the rights of a child to freedom from fear and exploitation. ll forms of self-regulation, effectiveness depends upon the

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professional confidence of journalists, their knowledge of the and the conditions in which they work. Guidelines give journa basis for challenging improper use of their material or distortions during the editing process and help those who direct the work o journalists. Guidelines can educate members of the public abou journalists approach their work, and allow journalists to defen decisions in public.
While many journalists subscribe to codes of conduct, many p working in the media industry tend to work by instinct rather tha laid out in such codes. However, reporting on children requires p protocols if their human rights are to be protected. Such guidelin help children to see that journalists take their issues and views ser and ensure that all those who work in the media are serious safeguarding their rights. It is important for journalists to rem that when children come in contact with the media, they are not a capable of making informed decisions. There is no equality be the journalist, photographer or programme-maker and a chil where there is an imbalance of power there is the potent exploitation. Journalists who take these guidelines seriously will p children and protect themselves.
The IFJ’s code of practice for working on children’s issues are int to maintain awareness among journalists and media institution child’s human rights and the media’s obligation not to abuse them IFJ code’s preamble says journalists should strive to maintain the h standards of ethical conduct: Strive for standards of excellence in of accuracy and sensitivity, and give children, where possible, th of access to media to express their own opinions without induc of any kind. When journalists’ associations and unions draw u own codes of professional practice they should also con emphasising positive measures. For example, guidelines could s “journalists seek out the views of children on all relevant issu help them to gain an audience for those views” and “journalist strive to understand the world through the eyes of the child”.
UNICEF has a set of principles for journalists to use as guidelin working with children. Journalists should know that the digni rights of every child are to be respected in every circumstan interviewing and reporting on children, special attention is to b to each child’s right to privacy and confidentiality, to have their op

HUMAN RIGHTS REPORTING
eir knowledge of the issues, Guidelines give journalists a material or distortions added who direct the work of other bers of the public about how w journalists to defend their
es of conduct, many people rk by instinct rather than rules g on children requires precise rotected. Such guidelines will eir issues and views seriously the media are serious about t for journalists to remember he media, they are not always here is no equality between me-maker and a child, and r there is the potential for idelines seriously will protect
hildren’s issues are intended s and media institutions of a gation not to abuse them. The strive to maintain the highest ndards of excellence in terms ren, where possible, the right pinions without inducement ns and unions draw up their they should also consider ple, guidelines could suggest en on all relevant issues and views” and “journalists shall he eyes of the child”.
alists to use as guidelines for d know that the dignity and d in every circumstance. In special attention is to be paid ntiality, to have their opinions
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heard, to participate in decisi from harm and retribution, retribution. The best interests other consideration including the promotion of children’s ri interests of a child, due weigh their views taken into accou maturity. Those closest to the are to be consulted about the p of any reportage. Do not publi child, their siblings or peers a obscured or not used.
IFJ code of practice
Four IFJ guidelines are cau 1. Consider carefully the con
concerning children and m
2. Ensure independent ver children and take special c without putting a child in
3. Use fair, open and straigh and, where possible, obtai of children or a responsibl
4. Verify the credentials of a
or represent the interests o
Other guidelines urge jo practices: 1. Avoid programming and p
the media space of childre them.
2. Avoid the use of stereotyp

to participate in decisions affecting them and to be protected arm and retribution, including the potential of harm and tion. The best interests of each child are to be protected over any onsideration including over advocacy for children’s issues and motion of children’s rights. When trying to determine the best s of a child, due weight must be given to a child’s right to have iews taken into account, in accordance with their age and y. Those closest to the child’s situation and best able to assess it e consulted about the political, social and cultural ramifications eportage. Do not publish a story or an image which might put a heir siblings or peers at risk even when identities are changed,
d or not used.
ode of practice
IFJ guidelines are cautionary:
sider carefully the consequences of publication of any material cerning children and minimise harm to children.
ure independent verification of information provided by ldren and take special care to ensure that verification takes place hout putting a child informant at risk.
fair, open and straightforward methods of obtaining pictures , where possible, obtain them with the knowledge and consent hildren or a responsible adult, guardian or carer.
ify the credentials of any organisation purporting to speak for epresent the interests of children.
er guidelines urge journalists to avoid damaging tices:
oid programming and publication of images which intrude upon media space of children with information which is damaging to m.
oid the use of stereotypes and sensational presentation.

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3. Guard against visually or otherwise identifying children unle
demonstrably in the public interest. 4. Avoid the use of sexualised images of children.
5. Do not make payments to children for material involving the w
of children or to parents or guardians of children unles demonstrably in the interests of the child.
In highlighting abuses against children, the media has an imp duty to ensure that the rights of affected children are not f damaged. When interviewing young children, journalists should a seek permission from parents, guardians, carers, schools or so acting in the place of a parent or guardian. A responsible adult s be present during an interview with younger children. This p the child and also the reporter. However, the reporter should a interview the child, not the adult, and treat what they say with re
As children get older it is more appropriate that they are con themselves. However, if they are under 18, parental consent m needed. Journalists who are writing about children who live or on the street may not find a suitable adult to consult. In such case should try to work with an NGO that works with such children. In cases, such as reporting on child labour, it may be that the adul are “in charge” of a child are the ones who are abusing and exp them. Again it may be possible to work with an NGO.
All guidelines regarding reporting on children take a tough l naming or portraying children without permission. Media should name or publish pictures of children who have been abused or exp However, it is common in Sri Lanka for media coverage to id children, including those in difficult circumstances, presumably w regard for their rights and welfare, according to the CPA sur journalists and civil society representatives.
Journalists need to understand that if they “expose” sexual explo of a child by naming the affected child and revealing their id through photographs, the child’s situation could be made worse may suffer punishment at the hands of their exploiter and ma have to contend with the prejudice and intolerance of other peo their community. There are tough choices here for a newsroom the interests of a child may require withholding elements of a

HUMAN RIGHTS REPORTING
entifying children unless it is
f children.
material involving the welfare ians of children unless it is hild.
the media has an important ed children are not further ren, journalists should always s, carers, schools or someone . A responsible adult should nger children. This protects , the reporter should always at what they say with respect.
riate that they are consulted 18, parental consent may be ut children who live or work to consult. In such cases they s with such children. In other it may be that the adults who o are abusing and exploiting ith an NGO.
hildren take a tough line on rmission. Media should never ave been abused or exploited. r media coverage to identify stances, presumably without rding to the CPA survey of es.
“expose” sexual exploitation and revealing their identity n could be made worse. They their exploiter and may also ntolerance of other people in s here for a newsroom, since holding elements of a story
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(such as pictures and a nam permission is not enough. Fo interviewed or filmed with consequences of the decision potential harmful effects, inexperience.
There may be circumstances w and the human rights of a intervention. However, this s the newsroom. The presumpt adult to work with who will the worst of situations also h clumsy media intervention ma
Be aware of the potential for reporter returns to the newsro sensational. The journalist wh it clear that she or he has given line journalist is the ethical gu fight for those ethics in the ne
Tips for interviewing child 1. Do not do an interview alo
guardian with them.
2. Make sure the interviewee of the child. Get the child t take time.
3. Make sure the child know
say might be published.
4. Ask your questions in a ge judgmental comments.
5. If asking about traumatic
6. Ask questions more than o facts. Children rarely lie bu

s pictures and a name). On other occasions even getting sion is not enough. For example, adolescents may agree to be ewed or filmed without being fully aware of the possible uences of the decision. Journalists should advise them of any ial harmful effects, and not take advantage of a child’s ience.
ay be circumstances where “asking permission” is impossible e human rights of a child are best served by journalistic ntion. However, this should happen only after a discussion in sroom. The presumption should be that the media can find an work with who will protect the child’s interests. Children in rst of situations also have the right not to see insensitive and
media intervention make their situation even worse.
re of the potential for a child’s rights to be damaged after a r returns to the newsroom and editors try to make a story more onal. The journalist who conducted the interview should make that she or he has given undertakings of good practice. The front- rnalist is the ethical guardian of his or her story and needs to r those ethics in the newsroom.
for interviewing children
not do an interview alone. Ensure that the child has a relative or rdian with them.
ke sure the interviewee is comfortable. Put yourself at the level he child. Get the child to relax with the TV camera etc. This may e time.
ke sure the child knows you are a reporter and that what they
might be published.
your questions in a gentle and accepting way and do not make gmental comments.
sking about traumatic events go at the pace of the child.
questions more than one way to establish a clear picture of the s. Children rarely lie but may paint themselves in a passive role.

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7. Take the child seriously, never patronise.
8. Do not go on for too long. Finish before the child is worn ou
9. Finish on an upbeat note. Make the child feel good about them
10. You have a duty of care to the child to make sure they are not
danger by any published report.
Women’s rights The status of women and fulfilment of their rights can be measu assessing several areas of concern such as women’s access to edu women’s wages in comparison with men’s wages, the number of w in senior positions in the private and public sectors, a woman’s r agree to marry or to decide for herself whom she will marry choose how many children she may wish to have, and the ex violence committed against women and girl children through violence, sexual violence and sexual harassment. In countries of Asia, the status of women may also be measured by looking impacts of social and cultural attitudes toward girl children, as me by the ratio of surviving boys against surviving girls.
The image of women in a society is culturally embedded but it media-driven. There are some specific ways in which media can women’s rights and where practice can be quickly changed. For ex it is unacceptable to reveal the name or publish a photograph of a of a sexual assault unless the victim (who may also be male) has agreed to wave anonymity. The names of victims should be pro in court hearings about rape or sexual assault. There is also a c withholding the name of suspects accused of rape or sexual assau such time as they are convicted.
The rights and perspective of women are commonly overlooked in reporting of emergency and conflict situations, except to depict w as victims. In Sri Lanka, for example, both women and men los loved ones, their livelihoods and their homes as a result of th Indian Ocean tsunami. However, media reports that focus on the of men, commonly as community leaders, help to ent discrimination because they may overlook that women too must say on how to rebuild their communities and reconstruct livelihoods. In the case of the tsunami, gender-blind reconstr

HUMAN RIGHTS REPORTING
ise.
re the child is worn out.
ld feel good about themselves.
make sure they are not put in
eir rights can be measured by women’s access to education, wages, the number of women lic sectors, a woman’s right to hom she will marry and to h to have, and the extent of girl children through family ssment. In countries of South measured by looking at the ard girl children, as measured viving girls.
rally embedded but it is also ys in which media can abuse quickly changed. For example, blish a photograph of a victim may also be male) has freely f victims should be protected sault. There is also a case for of rape or sexual assault until
mmonly overlooked in media tions, except to depict women th women and men lost their omes as a result of the 2004 eports that focus on the views leaders, help to entrench k that women too must have a ities and reconstruct their gender-blind reconstruction
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efforts regarding rebuilding h effect of undermining customar laws. This in turn negatively within their communities. An discrimination.
Reporting on women in em In Sri Lanka, a conflict journali gender blindness affects report situations, including the cou tsunami.
Colombo University’s Neloufer to address the ways in which perspectives than men in such
In the case of reporting on the t in particular focused on sexua better security measures for w
However, issues such as the inv their privacy, security and spec facilities, for underwear and sa Silence on these issues meant many groups participating in
“In the way it was reported, victims and men as agents we into a stereotypical scripting survivor,” Professor de Mel sa
To get the full story, journalists perspectives in their stories, e such as ethnic minorities.
An example of the minimum s underpin gender equity in med Equity in Media and Journalis Summit in Colombo, Sri Lanka a practical programme of actio equality in media workplaces,

egarding rebuilding houses and issuing property titles had the undermining customary matrilineal and bilateral property rights his in turn negatively impacts on women’s rights and power their communities. An inquiring media should be alert to such ination.
rting on women in emergency situations
anka, a conflict journalism workshop assessed the way in which blindness affects reporting about communities confronting crisis ns, including the country’s ongoing civil war and the 2004 i.
o University’s Neloufer de Mel pointed out how the media failed ess the ways in which women may have different needs and tives than men in such situations.
se of reporting on the tsunami aftermath, reports about women cular focused on sexual harassment and rape, which resulted in ecurity measures for women living in makeshift camps.
er, issues such as the involvement of women in camp committees, ivacy, security and special needs (including for separate bathing s, for underwear and sanitary napkins) were not widely reported. on these issues meant gender awareness was not high among roups participating in the relief effort.
way it was reported, the conditions that kept the women as and men as agents were hardly highlighted. The result folded tereotypical scripting of the women as helpless, the male as r,” Professor de Mel said.
he full story, journalists need to include a wide range of women’s tives in their stories, especially those who are often silenced, ethnic minorities.
ple of the minimum standards, principles and actions needed to in gender equity in media are outlined in a Charter of Gender in Media and Journalism adopted at a Gender Equity in Media t in Colombo, Sri Lanka, in November 2006. The charter outlines cal programme of action to support the achievement of gender in media workplaces, journalists’ organisations and the media.

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The participants at the summit strongly urged all journalists associations, private and public media institutions and spe constituted commissions to adopt the principles outlined in the c
Charter of Gender Equity in Media and Journalism
Fundamental Principles Achievement of equality throughout society requires the me promote and protect gender equality, both within the wo environment and in a balanced representation of women within output. The media has a responsibility to encourage open deba inform society as a trigger for breaking down the limitati stereotypes. Gender equity in the media workplace is central discussion about gender equality in media. All journalists and staff, regardless of gender, have the right to expect equal access a discrimination in their work (recruitment, salaries, profes assignments and opportunities for advancement).
Equality of opportunity Public and private media must uphold the principles of gender in the media workplace by committing to the following: Affirm action to encourage increased participation of women in the m special attention to ensure the inclusion of women belonging to m or marginalised groups; the use of transparent and unbiased merit recruitment and promotion procedures; at least a one representation of women at all levels; clear anti-discrimination p that encourage selection of women for decision-making positio end to job segregation, including traditional allocations of job stories; equal pay for work of equal value; policies and clear guid on sexual harassment accompanied by disciplinary procedur inappropriate behaviour; and policies to limit the use of in employment practices for those doing freelance, casual and co work.
Equal rights for journalists as parents Media houses and journalists’ organisations must address the representation of women both in journalism generally and in decision-making roles within media institutions and organisati promoting flexible working hours that accommodate f

HUMAN RIGHTS REPORTING
y urged all journalists, their a institutions and specially ciples outlined in the charter.
dia and Journalism
ciety requires the media to , both within the working ation of women within media encourage open debate and ng down the limitations of workplace is central to any ia. All journalists and media to expect equal access and no ent, salaries, professional cement).
e principles of gender equity to the following: Affirmative ion of women in the media; women belonging to minority ent and unbiased merit-based ures; at least a one-third r anti-discrimination policies ecision-making positions; an ional allocations of jobs and ; policies and clear guidelines disciplinary procedures for to limit the use of insecure eelance, casual and contract
rents
ons must address the under- lism generally and in senior itutions and organisations by that accommodate family
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commitments; adequate mater international standards; and th care services at the workplace
Portrayal of women in med The media should avoid the commodities. Journalists and e to reinforce traditionally unfav and girls, but rather promote a women and girls and their mu media institutions should mak of gender perspectives are in politics, defence, economics an
Gender equity in unions an Journalists’ organisations reco adopt gender equality policie including by encouraging m proposals to promote gender
Adapted from Charte Gender Equity i
Ethnic minorities, inter refugees Coverage of minority ethnic g completely absent from major in the previous section on hate also simply disappear from audience.
One way to improve coverage to recruit media staff from a more accurately the ethnic com to the extent to which even perspective of people who liv staff will present a more open language is a barrier to news ga encouraging multilingual jour

tments; adequate maternity and paternity leave in keeping with tional standards; and the availability of nursing rooms and child-
vices at the workplace.
rayal of women in media
dia should avoid the depiction of girls and women as sexual dities. Journalists and editors should also consciously decide not orce traditionally unfavourable images or perceptions of women ls, but rather promote a balanced, non-stereotyped portrayal of and girls and their multiple roles within society. Journalists and nstitutions should make special efforts to ensure a diverse range er perspectives are included in all news reports, including , defence, economics and conflict.
der equity in unions and associations.
ists’ organisations recognise they also have a responsibility to ender equality policies and to take up the concerns of women, ng by encouraging media houses to develop policies and als to promote gender equality in the workplace.
Adapted from Charter of Gender Equity in Media and Journalism Gender Equity in Media Summit, Colombo, November 2006
ic minorities, internally displaced peoples and gees
ge of minority ethnic groups is often hostile, sensationalist or tely absent from majority media. In part this issue was covered revious section on hate speech, but minority ethnic groups can ply disappear from the media and not be regarded as an ce.
y to improve coverage of minority ethnic groups and issues is it media staff from a diverse pool so that newsrooms reflect ccurately the ethnic composition of populations. There is a limit extent to which even the best journalists can understand the tive of people who live differently to them. Diversity of media ll present a more open and accessible media. In addition, where e is a barrier to news gathering and accurate first-hand reporting, aging multilingual journalists and teaming reporters of different

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languages on certain stories will build trust and give access to language communities. The audience can then identify with at leas of the journalists and is more likely to trust the content. It is less that a media outlet will be labelled as only serving the interests ethnic group. If ethnic diversity is reflected in reality, in senior po as well as junior ones, it will genuinely change the way that n reported.
Journalists and their editors have ultimate control in their cho words and phrases used to describe events and issues. Journalist never use racial or ethnic slurs and need to acknowledg unconscious assumptions about other ethnic and religious grou in Sri Lanka, for example, it is common for a Tamil suspected crime to be labelled a “terrorist”, while a Sinhalese would be giv benefit of the doubt. Definitions of majority and minority are twisted to fit a certain argument – “minority” in the Sinhala med undermine the legitimacy of other communities. Conversely, the the term “majority” in the Tamil media to represent the Sin community may not reflect the diversity of opinions and po ideologies present.
Whoever is in the newsroom, the job of the journalist is to cha stereotypical views and open up coverage to people from minority groups. This does not simply mean “balancing” stories full of accus with denials, but reporting on the lives of people in mi communities so that they see and recognise themselves in the me also means broadening the range of contacts, so that media avoid r only on a few spokespeople. Part of the process of dehumani minority ethnic group is quoting only their most extreme represent
Get the facts straight Where there is a dispute or violence, the job of the journalist is to what happened and to try to find out the cause, but it should assumed that all disputes are ethnically driven.
In October 2002, all mainstream media in Sri Lanka, apart from the press, reported that a Muslim youth had been abducted by the and that a ransom had been paid for his release. A large-scale disturbance then erupted in Muslim-dominated Akkaraipa Ampara District, as Muslim groups blocked roads, tyres were

HUMAN RIGHTS REPORTING
rust and give access to other hen identify with at least some st the content. It is less likely y serving the interests of one in reality, in senior positions change the way that news is
ate control in their choice of s and issues. Journalists must need to acknowledge any nic and religious groups. Yet for a Tamil suspected of any Sinhalese would be given the ority and minority are often ity” in the Sinhala media can nities. Conversely, the use of a to represent the Sinhalese ty of opinions and political
the journalist is to challenge to people from minority ethnic ing” stories full of accusations ves of people in minority se themselves in the media. It ts, so that media avoid relying process of dehumanising a most extreme representatives.
b of the journalist is to report e cause, but it should not be riven.
ri Lanka, apart from the Tamil been abducted by the LTTE release. A large-scale ethnic ominated Akkaraipattu, in ked roads, tyres were set on
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fire and shops were forced to anarchy.
After the situation had been returned voluntarily. He adm been abducted and that a rans the money to go abroad.
At no stage did the media ques denied the abduction. In this fuelling a violent ethnic conflic the facts had emerged – not b because of the boy’s confessio the false claims.
This kind of situation demonst the truth, and how failure to violence and racial vilification
In a workshop in Sri Lanka’s e are common and suspicion a importance of understanding discussed how this story cou had initially put the story in understood that journalists of Headlines can be about killing
Minority ethnic groups compr different viewpoints and belie members of the group should but good economics as well. M from minority ethnic groups a broadened their appeal.
Internally displaced peoples abused of minority communit region or country, fleeing viol group, and have no natural pro areas where they may be vul have only a little more than the societies or undo the damage d

shops were forced to close. The situation escalated into near .
he situation had been out of control for three days, the boy d voluntarily. He admitted that he told a friend to say he had ducted and that a ransom should be paid, so that he could use ney to go abroad.
age did the media question the original story, although the LTTE the abduction. In this case, the media played a specific role in a violent ethnic conflict, without verifying facts or sources. Once s had emerged – not because of the media’s investigation, but of the boy’s confession – there was no apology or retraction of e claims.
d of situation demonstrates the media’s responsibility to report th, and how failure to do so can result in increased tension, e and racial vilification.
rkshop in Sri Lanka’s ethnically diverse Ampara, where clashes mon and suspicion and fear prevail, journalists debated the ance of understanding the impact of their journalism. They ed how this story could have been better reported. Reporting itially put the story in a framework of ethnic tension. They tood that journalists often have a choice about how they report.
es can be about killing or about peace efforts.
ty ethnic groups comprise women, men and children with many t viewpoints and beliefs. The contacts between journalists and rs of the group should reflect this. It is not just good journalism, d economics as well. Many media outlets shut themselves off inority ethnic groups and could increase their audiences if they ned their appeal.
lly displaced peoples (IDPs) and refugees are often the most of minority communities, as they arrive in large numbers in a or country, fleeing violence and repression. They are visible as a and have no natural protection. They are usually housed in poor here they may be vulnerable to resentment from people who ly a little more than they do. Journalists cannot heal divisions in s or undo the damage done to IDPs and refugees. But, in writing

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about IDPs, refugees and their neighbours, journalists can refl multiple perspectives involved and try to show that most familie the same things: to live in security, peace and decent conditions
Reporting on disadvantaged and minority groups in Lanka In the CPA survey, journalists and civil society representatives had different views about local coverage of disadvantaged and m groups.
Almost 100 per cent of civil society respondents thought the co was very poor. Their views were similar with regard to gender and children’s rights. Across the board, children, women and pe disadvantaged groups were not seen to be given a voice and n information made available in media reports about rel organisations and assistance.
However, almost three-quarters of journalists interviewed fel institutions generally gave people from diverse religious group minorities a voice or an opportunity to speak to the media. At th time, however, many of the journalists thought the cover disadvantaged groups and minorities was sensational and stereotypes, while a smaller group thought the coverage was derog
Both groups thought official and unofficial government interf played a significant role in promoting stereotypes that nega affected accurate and impartial reporting.
People with disabilities People with disabilities often disappear from the media, esse ignored by society as they are forced to beg on the streets or are h away in inhumane institutions. People with disabilities are regarded as lesser human beings, at worst to be mistreated, and to be pitied and patronised.
People with disabilities are people first and they have full human This does not just mean having the right to live in humane cond It means having a say in their future and being permitted to give to their views in a way that is heard. Most should be able to live or lives in the community, and they should have choices. The future

HUMAN RIGHTS REPORTING
rs, journalists can reflect the show that most families want and decent conditions.
d minority groups in Sri
iety representatives had quite disadvantaged and minority
ndents thought the coverage with regard to gender issues ildren, women and people in e given a voice and nor was ia reports about relevant
nalists interviewed felt their diverse religious groups and eak to the media. At the same ts thought the coverage of was sensational and used the coverage was derogatory.
cial government interference stereotypes that negatively .
from the media, essentially g on the streets or are hidden with disabilities are often t to be mistreated, and at best
d they have full human rights. to live in humane conditions. being permitted to give voice hould be able to live ordinary ave choices. The future must,
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so far as possible, lie in stayin schools and having a life in disabilities work, marry, have
Disabled people have stories t stories. In doing so, journalists not to present people with di Giving people with disabilit themselves is the best way to
General and specialist repo All general news reporters nee so that they can integrate the other specialist writers and re may investigate the balance be the result of an HIV test confi to be informed. An education which girls and boys are treate A business reporter should con factory on nearby communitie conditions under which people are under the age of 18. A sp children have equal access to right of a woman to take part in young football players are enc their freedom. A fashion repor clothes, but they should also fashion and self-image, and th garments.
A human rights agenda sharp reporters are sensitised to a hum and ask questions which migh
Reporting on emergencies During natural disasters and rights reporting is crucial. A CP in Sri Lanka examined the wa state-controlled Sri Lanka Rup aspects of the disaster betwee

s possible, lie in staying with their families, going to ordinary s and having a life in the community. Many people with
ties work, marry, have children and lead fulfilling lives.
d people have stories to tell. Journalists should help to tell these In doing so, journalists and media institutions need to be careful present people with disabilities as victims or pitiful sufferers. people with disabilities a voice and letting them speak for lves is the best way to prevent discriminatory coverage.
eral and specialist reporters
eral news reporters need to be sensitised to human rights issues they can integrate them into their work. The same is true for pecialist writers and reporters. For example, a health reporter vestigate the balance between the right of an individual to keep lt of an HIV test confidential, and the right of a sexual partner formed. An education reporter may investigate the extent to irls and boys are treated differently in their access to education. ess reporter should consider the environmental impact of a new on nearby communities. A labour reporter will investigate the ons under which people are working, and asses whether workers er the age of 18. A sports reporter may investigate whether n have equal access to sports facilities, what happens when the a woman to take part in sport offends a cultural code, or whether football players are encouraged to sign contracts that later curb eedom. A fashion reporter may usually write about colours and , but they should also be interested in the connection between and self-image, and the use of child labour to produce fashion ts.
an rights agenda sharpens the work of every journalist. Once rs are sensitised to a human rights agenda, they make connections
questions which might not otherwise be asked.
orting on emergencies
natural disasters and emergencies, the perspective of human eporting is crucial. A CPA report in the wake of the 2004 tsunami anka examined the ways in which the news broadcasts of the ntrolled Sri Lanka Rupavahini Corporation (SLRC) covered all of the disaster between January 1 and 7, 2005.

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CPA monitored news categories including national reconstru government intervention, foreign aid, victims of the tsunami, col participation in rebuilding, distribution of relief assistance and ch affected by the tsunami. SLRC coverage of government interv was found to be the most frequent, followed by reports on the na reconstruction process and foreign aid. Meanwhile, coverage victims, distribution of relief assistance and affected childre surprisingly minimal.
Findings indicated that coverage of the national reconstruction to about 46 minutes over the week, while coverage of the tsunami v totalled about seven minutes.
The report concluded that the SLRC coverage of the tsunami pro the image of the Government while not allocating adequate time to affected by the tsunami to voice their needs. Furthermore, the found that despite the relatively high level of devastatio destruction in Northern and Eastern Sri Lanka, the SLRC accorded areas low coverage when compared with that afforded to south Lanka.
With this in mind, journalists should consider the way in whi tsunami’s impacts on war and peace were quite different in di environments. Amnesty International draws attention to the fa in the year following the tsunami, Sri Lanka experienced an incr violence associated with the conflict, amid growing insecurity country’s North and East that undermined the 2002 ceasefire agre Yet in war-torn Aceh in Indonesia, a process of negotiation le peace agreement. What was the role of media coverage in contrasting examples, and would a human rights approach outcomes?
The CPA report indicates that Sri Lanka’s state media failed to ex the way in which the tsunami impacted upon the day-to-day l people affected by the disaster. It shows how important it journalists from all media, whether private or public, to focus on h rights and the “human element” as an essential means of contextu the issue for audiences and of consequently motivating the g public to support the relief effort.

HUMAN RIGHTS REPORTING
ing national reconstruction, tims of the tsunami, collective relief assistance and children of government intervention ed by reports on the national Meanwhile, coverage of the e and affected children was
tional reconstruction totalled verage of the tsunami victims
rage of the tsunami promoted ocating adequate time to those eds. Furthermore, the report h level of devastation and nka, the SLRC accorded these that afforded to southern Sri
nsider the way in which the re quite different in different aws attention to the fact that ka experienced an increase in id growing insecurity in the the 2002 ceasefire agreement. ocess of negotiation led to a of media coverage in these man rights approach affect
state media failed to examine upon the day-to-day lives of ws how important it is for e or public, to focus on human ntial means of contextualising ntly motivating the general
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Reporting on wars and con War, by definition, infringes t the right to life. Reporting duri where human rights are alread and irregular forces assume ex Journalists can be personally where rights are not recogni common in Sri Lanka. Wars w the right to live in freedom populations who lose all their their right to homes, family liv
Different journalists are also international reporter embedd journalist reporting on war w different priorities, expectatio seek out a war; others find tha to write about reporting with a without recognising that ther different journalists.
War reporting is beyond the sc that a sober assessment is nee balance in the reporting of Journalists in Sri Lanka who a report fairly on conflict in their when US media outlets promo in wars.
“Whose side are you on?” is sometimes at the barrel of a g make terrible journalists. Patri put out by their generals. They side, either as fabrications, or the enemy on themselves. The even if that nobility consists of a reporter embedded with sold and to see the conflict through community will care far more the nameless forces on the oth

orting on wars and conflicts
definition, infringes the most fundamental of human rights – t to life. Reporting during conflicts means reporting in a situation uman rights are already being destroyed. In such times the state gular forces assume extra powers and often suspend civil rights. ists can be personally at risk and operating in an environment rights are not recognised and criticism is not tolerated, as is n in Sri Lanka. Wars with divided civilian populations destroy ht to live in freedom and without fear, and create refugee tions who lose all their property, their right to move freely and ght to homes, family lives and material possessions.
nt journalists are also in very different circumstances. The tional reporter embedded with US troops in Iraq and provincial ist reporting on war within his or her own city or region have t priorities, expectations and necessities. One journalist goes to t a war; others find that the war has come to them. It is difficult about reporting with a human rights perspective during conflict, t recognising that there are many different conflicts and many
t journalists.
orting is beyond the scope of this handbook, although it is clear ober assessment is needed of what happens to objectivity and e in the reporting of war, whether it be Iraq or Sri Lanka. ists in Sri Lanka who attend training courses to be told how to airly on conflict in their own country may watch in bemusement S media outlets promote patriotic coverage of US involvement .
e side are you on?” is a question often asked of journalists, es at the barrel of a gun. In all wars, patriots and nationalists rrible journalists. Patriots do not question the version of events by their generals. They discount civilian casualties on the other ther as fabrications, or as accidents or as something inflicted by my on themselves. They portray their own side in a noble light, that nobility consists of air strikes on terrified people. Of course, ter embedded with soldiers will come to care about those troops see the conflict through their eyes, just as a reporter living in a nity will care far more about the fate of their neighbours than of
eless forces on the other side.

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But reporters can remain aware that one human life has the same as another. That all sides mourn their dead equally. That when a m loses a son, or a son loses a sister, there is an equality of grief. individual reporters are in no position to show a war from two then the media institutions for which they work have far g responsibility and resources to ensure coverage is balanced. As s journalists become supporters of a war, then their public loses it to information with the necessary degree of detachment and scep They generally lose sight also of the reasons for the conflict, as th is overtaken by daily battle reports (often containing highly inac information) and casualty counts. Journalists also lose sight of his perspective, as highlighted by a small but significant proportion journalists surveyed in Sri Lanka, who said they did not have suf knowledge of the root causes of the country’s long conflict.
Patriots make terrible journalists The media has a responsibility to report critically on policies and a of those in power, especially in a time of war. In Sri Lanka, how journalists who question government propaganda and who rep corruption, gross lapses in security and the human rights of vict war may be named as “traitors”, “pariahs” and supporters of the
In one example in early January 2008, the commander of the Sri L Army, Major General Sarath Fonseka, labelled sections of the and journalists as “traitors”. He told the state-controlled Sinhala Dinamina that media “treachery” was a major problem for the m in its fight against the LTTE.
“The biggest obstacle is the unpatriotic media. I am not blam journalists. I know 99 percent of media and journalists are patrio doing their jobs properly. But unfortunately, we have a small n of traitors among the journalists. They are the biggest obstacle. Al obstacles we can surmount,” he was quoted as saying.
The Free Media Movement (FMM) raised concerns that Fon comments were an open warrant to incite hate and harm a journalists.
In the CPA survey, more than half the journalists - most of who regular reports on Sri Lanka’s conflict - thought the language u the coverage of the peace process and conflict was analytic

HUMAN RIGHTS REPORTING
uman life has the same value equally. That when a mother is an equality of grief. And if show a war from two sides, they work have far greater erage is balanced. As soon as en their public loses its right f detachment and scepticism. ns for the conflict, as the news containing highly inaccurate ists also lose sight of historical t significant proportion of the d they did not have sufficient try’s long conflict.
s
itically on policies and actions war. In Sri Lanka, however, paganda and who report on he human rights of victims of ” and supporters of the LTTE.
commander of the Sri Lankan belled sections of the media state-controlled Sinhala daily ajor problem for the military
media. I am not blaming all d journalists are patriotic and ely, we have a small number the biggest obstacle. All other ted as saying.
ed concerns that Fonseka’s cite hate and harm against
urnalists - most of whom file hought the language used in conflict was analytical and
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98
balanced. Yet more than three thought the media was biased problem with bias was due m to a lesser extent, safety consid and media owners, and a lac problems with accuracy, balan censorship applied by the Go while they noted that the qu institutions was limited or bia still depended on such source Government. Few used ordina reporting.
Meanwhile, a high proportion that coverage of the conflict w believed the media had not ta highlighted self-censorship censorship, as key contributin
From a human rights perspect providing objective informatio peace-making by allowing for a and groups. Respondents to th very few of the journalists surv or defenders of the liberation defenders of human rights, ev defenders of democracy. The i need clarification on the distin perspective in their reporting o that is unbalanced and unfair.
The Geneva Conventions The Geneva Conventions dem armed conflict, and that inc journalists, who are classified violence, threats, murder, imp of the Additional Protocol to binding treaties date from 1949 most countries. They form p Violation makes a soldier or Journalists need to know and

d. Yet more than three-quarters of the journalists interviewed t the media was biased. The journalists generally thought the with bias was due mainly to commercial considerations and, er extent, safety considerations, the political interests of editors dia owners, and a lack of training standards. Most blamed s with accuracy, balance and fairness on official and unofficial hip applied by the Government, the army and the LTTE. But hey noted that the quality of information provided by state ions was limited or biased, the journalists generally said they ended on such sources, notably the police, the army and the ment. Few used ordinary people as sources in conflict and peace
g.
hile, a high proportion of the civil society respondents disagreed erage of the conflict was balanced and analytical, and many the media had not taken adequate steps to redress this. They hted self-censorship by the media, as well as government hip, as key contributing factors to unbalanced coverage.
human rights perspective, reporting on war should also entail ng objective information that facilitates conflict-resolution and aking by allowing for an understanding of the views of all actors ups. Respondents to the CPA survey generally agreed. Yet while of the journalists surveyed would claim to be patriotic citizens ders of the liberation struggle, equally few saw themselves as rs of human rights, even as many claimed to be independent rs of democracy. The implication is that journalists in Sri Lanka arification on the distinction between adopting a human rights tive in their reporting of conflict and taking a biased perspective nbalanced and unfair.
Geneva Conventions
neva Conventions demand respect for human beings in time of conflict, and that includes respect for the human rights of ists, who are classified as civilians entitled to protection from e, threats, murder, imprisonment and torture under Article 79 dditional Protocol to the Geneva Convention. These legally treaties date from 1949 and have been ratified or acceded to by untries. They form part of international humanitarian law. n makes a soldier or militia member guilty of a war crime. ists need to know and to assert these rights. The International

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Committee of the Red Cross (ICRC) says that states must care for f and enemies alike; respect every human being, his or her honour, rights, religious convictions and the special rights of the chil prohibit inhuman or degrading treatment, the taking of hostages extermination, torture, summary executions, deportations, pilla wanton destruction of property.
The US imprisonment at Guantanamo Bay of detainees captured a and accused of terrorist activities poses new and very serious chal to the human rights of those captured in or after a battle. The ca Guantanamo Bay is designed to avoid bringing detainees und jurisdiction of US courts. The US has said it is applying the princi the Geneva Conventions. However, the Guantanamo prisoners gen have been detained without charge or trial, and do not have ac lawyers of their choice. Moreover, the detainees are not regar prisoners of war, on the grounds that they were not part of a reco army. In these cases, international human rights law should apply, gives prisoners the right to be formally charged, informed of their and permitted access to legal counsel.
Protection for wounded combatants, prisoners of war civilians The first two of the Geneva Conventions cover the treatment of wo and sick members of the armed forces and medical personnel battlefield and at sea. The third Convention covers prisoners o All three refer to journalists only in the case of accredite correspondents. The fourth Geneva Convention covers the rig civilians in enemy or occupied territory. Of most significance is A 3, which applies to all the Conventions, and says:
1. Persons taking no active part in the hostilities, incl
members of armed forces who have laid down their arm those placed hors de combat by sickness, wounds, dete or any other cause, shall in all circumstances be tr humanely, without any adverse distinction founded on colour, religion or faith, sex, birth or wealth, or any other s criteria. The following acts are prohibited at any time any place with respect to the above-mentioned persons:
a) Violence to life and person, in particular murder of all
mutilation, cruel treatment and torture;

HUMAN RIGHTS REPORTING
at states must care for friends eing, his or her honour, family cial rights of the child; and t, the taking of hostages, mass ns, deportations, pillage and
of detainees captured abroad w and very serious challenges or after a battle. The camp at ringing detainees under the it is applying the principles of antanamo prisoners generally al, and do not have access to etainees are not regarded as were not part of a recognised ights law should apply, which rged, informed of their rights
nts, prisoners of war and
ver the treatment of wounded nd medical personnel on the tion covers prisoners of war. the case of accredited war vention covers the rights of f most significance is Article nd says:
the hostilities, including ve laid down their arms and ickness, wounds, detention, l circumstances be treated istinction founded on race, r wealth, or any other similar ohibited at any time and in e-mentioned persons:
articular murder of all kinds,
torture;
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b) Taking of hostages;
c) Outrages upon pers and degrading treat
d) The passing of sente
without previous ju constituted court, aff are recognised as in
2. The wounded and sick
Journalists are civilians to Journalists must be protected Conventions (which came into
1. Journalists engaged areas of armed confli the meaning of Arti
2. They shall be protec
this Protocol, provid affecting their statu the right of war co forces to the status p Convention.
3. They may obtain an Annex II of this Pro by the government national or in whose news medium empl his/her status as a jo
Protocol 2 extends the Geneva between the armed forces of a organised armed groups on its Conventions .

) Taking of hostages;
) Outrages upon personal dignity, in particular humiliating
and degrading treatment;
) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised peoples.
he wounded and sick shall be collected and cared for.
nalists are civilians too
ists must be protected as civilians. Protocol 1 to the Geneva tions (which came into force in 1978) says in Article 79:
. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.
. They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4A 4) of the Third Convention.
. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he/she resides or in which the news medium employing him/her is located, shall attest to his/her status as a journalist.
l 2 extends the Geneva Conventions to large-scale civil conflicts n the armed forces of a state and dissident armed forces or other ed armed groups on its territory. However, it excludes from the tions .

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“Situations of internal disturbances and tensions, s riots, isolated and sporadic acts of violence and oth of a similar nature, as not being armed conflicts.”
Article 4 of Protocol 2 describes how parties must extend hu treatment to civilians:
1. All persons who do not take a direct part or who have cea take part in hostilities, whether or not their liberty has restricted, are entitled to respect for their person, honou convictions and religious practices. They shall circumstances be treated humanely, without any ad distinction. It is prohibited to order that there shall survivors.
2. The following acts against these persons are and shall r prohibited at any time and in any place whatsoever:
a) Violence to the life, health and physical or mental well
of persons, in particular murder as well as cruel trea such as torture, mutilation or any corporal punishme
b) Collective punishments;
c) Taking of hostages;
d) Acts of terrorism;
e) Outrages upon personal dignity, in particular humil and degrading treatment, rape, enforced prostitutio any form of indecent assault;
f) Slavery and the slave trade in all their forms;
g) Pillage;
h) Threats to commit any of the foregoing acts.

HUMAN RIGHTS REPORTING
ances and tensions, such as ts of violence and other acts g armed conflicts.”
arties must extend humane
ct part or who have ceased to r not their liberty has been or their person, honour and ctices. They shall in all nely, without any adverse rder that there shall be no
ersons are and shall remain place whatsoever:
hysical or mental well-being er as well as cruel treatment ny corporal punishment;
ty, in particular humiliating , enforced prostitution and
all their forms;
oregoing acts.
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Working with NGOs Journalists often work with NG defending the rights of certain in the case of Sri Lanka, the C commonly felt the quality of t UN agencies working on mino if not biased. There is clearly a that needs to be resolved.
The relationship between the to develop on a professional b the military and politicians organisations can provide acc should, however, be a degree organisations, and a recogniti Journalists need to respect the r in advance about any ground film or other materials. Any therefore these agreements sh and producers, not just by the film shot by NGOs where no attributed in the same way as fi
Positive coverage of human Many people may not be well the rights that are incorporated a role in promoting human understand what they are and rights success stories is one wa on real people rather than on p
The core message is that journ has human rights and treat th independent of politicians o sufficient degree of detachme reliable. Journalists need code them. Journalists also need trad of being a professional is that Without that ability, journalis rights of other people in their

king with NGOs
ists often work with NGOs that specialise in human rights or in ng the rights of certain groups within the community. However, ase of Sri Lanka, the CPA survey highlighted that journalists nly felt the quality of the information provided by NGOs and ncies working on minority and human rights issues was limited, iased. There is clearly a distrust between journalists and NGOs
ds to be resolved.
tionship between the media and sources in civil society needs lop on a professional basis, just as relationships with the police, itary and politicians need to be professional. Civil society ations can provide access and are therefore invaluable. There however, be a degree of distance between the media and the ations, and a recognition that their reports can also be fallible. ists need to respect the relationship, by making clear agreements nce about any ground rules for interviewing people and using other materials. Any agreements made should be kept, and e these agreements should be approved at the level of editors ducers, not just by the reporter. If television or newspapers use ot by NGOs where no reporter was present, these should be ed in the same way as film shot by the police would be attributed.
tive coverage of human rights achievements
eople may not be well informed about their human rights, even ts that are incorporated into national legislation. Journalists have in promoting human rights, so that their audiences better and what they are and how to achieve them. Reporting human uccess stories is one way to do this while still keeping the focus people rather than on paper resolutions.
e message is that journalists should recognise that every person an rights and treat them accordingly. Journalists need to be ndent of politicians or special interest groups, and have a nt degree of detachment for their reports to be credible and . Journalists need codes of practice and the means to enforce urnalists also need trade unions to defend their own rights. Part a professional is that one can stand up for their own rights. t that ability, journalists will not be in a position to defend the f other people in their communities.

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Resources Amnesty International. 2006. Summary Report 2006: Asia Pacific.
Asia Pacific Women, Law, and Development in Sri Lanka
Asian Centre for Human Rights. 2006. SAARC Human Rights Repor New Delhi: ACHR. Available at: http://www.achrweb.org/re saarcar2006/main.htm
CPA, IFJ. 2006. Hear Their Voices: A Study Report on Promoting the H Rights of the Most Vulnerable in Sri Lanka Through Profession Independent Media. Sri Lanka.
Human Rights Watch. 2007. Letter to SAARC Leaders In Anticipa Summit In New Delhi. March 26. Available at: http://hrw.org/en docs/2007/03/29/asia15600.htm
International Council on Human Rights Policy. 2002. Journalism, and the Challenge of Human Rights Reporting. Switzerland.
IFJ. 1998. Reporting on Human Rights in Africa. Brussels: IFJ.
IFJ. 2002. Putting Children in the Right. Brussels: IFJ.
IFJ. 2003. Telling Their Stories: Child rights, exploitation and the me and European Commission. IFJ.
IFJ. 2005. On the road to peace: Reporting Conflict and Ethnic Diver research report on good journalism practice in Sri Lanka. Sydney: IFJ
McIntyre, P. 2003. Human Rights Reporting: A handbook for journa South-eastern Europe. Brussels: IFJ.
Wickramaratne, J (2006) Fundamental Rights in Sri Lanka (2n (Colombo : Stamford Lake)

HUMAN RIGHTS REPORTING
eport 2006: Asia Pacific.
ent in Sri Lanka
RC Human Rights Report 2006. www.achrweb.org/reports/
eport on Promoting the Human ka Through Professional and
RC Leaders In Anticipation of at: http://hrw.org/english/
olicy. 2002. Journalism, Media g. Switzerland.
rica. Brussels: IFJ.
ssels: IFJ.
, exploitation and the media. IFJ
onflict and Ethnic Diversity: A n Sri Lanka. Sydney: IFJ.
g: A handbook for journalists in
ights in Sri Lanka (2nd ed.)
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International Federation of Journalists and Centre for Policy Alternatives With the support of the European Union

f Journalists and
ves ropean Union