Media and terrorism - civil society forum calls for substantial and effective review of anti-terror laws

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Reykjavik, 27th May 2009

Media and terrorism - civil society forum calls for substantial and effective review of anti-terror laws

We, members of the Forum on Anti-terrorism legislation and its impact on freedom of expression and information, welcome the commitment of Council of Europe member states to review the impact of anti-terror laws and measures on freedom of expression and media freedom.

There has been a rush to adopt anti-terror laws in the aftermath of 9/11, and this has undermined respect for human rights and the rule of law.

One worrying aspect of these laws has been the general extension of surveillance powers over citizens and their personal communications. We are particularly concerned about the shift of power to police and security agencies to monitor and intrude upon the professional activities of journalists and media, which seriously impedes their ability to report on matters of public interest.

We are also highly concerned that anti-terror laws have been poorly drafted, and the restrictions they have placed on the media and civil society have been arbitrary and open to abuse. These laws and their implementation by the state administration have compromised civil liberties and undermined respect for the rule of law. There is scant evidence that the increased security for which these laws were enacted has been achieved.

Yet there is clear evidence of the negative impact of counter-terror laws on freedom of expression and access to information, as well as instances of abuse and misuse of counter-terror laws, as revealed by reports commissioned by the Council of Europe and in the conclusions of Council of Europe conferences.

A particular feature of the recently enacted legislation is that the laws have been rarely used for the purposes for which they were ostensibly enacted. This brings into question the necessity of these laws and whether or not they were rational and proportionate for the purpose for which they were enacted. Instead they have resulted in censorship and self-censorship, to the detriment of society's right to be informed.

We reaffirm our belief that human rights must be central in the maintenance of democratic society and confirm our confidence in the Council of Europe as the guardian of human rights and justice in Europe.

We therefore welcome the call for a review at national level of all laws, regulations and practices that have been put into effect to counter terrorism and in the name of national security. To be meaningful and effective, this review should be:
- Urgent;
- Wide-ranging;
- Transparent and inclusive of all stakeholders including civil society and media groups and professionals;
- Completed within a clear deadline, and at the latest one year from now;
- Use existing Council of Europe standards on media freedom as the benchmark against which laws, regulations and practices are reviewed.

We call on all governments to act quickly to restore the public's confidence in security policies that will respect their rights.

Helen Darbishire, Access info
William Horsley, Association of European Journalists
Peter Noorlander, Media Legal Defence Initiative,
Aidan White, International Federation of Journalists
Prof William Bowring, Human Rights and Social Justice Research Institute
Jon Silverman, University of Bedfordshire, UK
Dirk Voorhoof, Gent University
Hans Verploeg, Netherlands Association of Journalists

The Forum, meeting in Reykjavic in preparation for the ministerial conference, brought together 40 representatives of journalists', media, lawyers' and civil rights organisations.

Darce Fardy Invited to Participate in the Americas Regional Conference on the Right of Access to Information in Lima, Peru

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The Right to Know Coalition of Nova Scotia has been recognized by the Carter Center for its work promoting open and accountable government. The Carter Center is committed to advancing human rights and alleviating unnecessary human suffering. around the world. It was founded by the former President of the United states, Jimmy Carter and his wife Rosylin after they left the White House.

Darce Fardy has been invited to participate in "Americas Regional Conference on the Right of Access to Information" in Lima, Peru from April 27 to April 30, 2009. Delegates from countries around the world will be attending. President Carter will be taking part in the discussions.

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A fellow Canadian advocacy group worthy of note: Lawyers Rights Watch Canada (LRWC)

Lawyers Rights Watch Canada (LRWC) is a committee of Canadian lawyers who promote human rights and the rule of law by providing support internationally to human rights defenders in danger. LRWC promotes the implementation and enfosigned to protect the independence and security of human rights defenders around the world.

LRWC: campaigns for lawyers whose rights, freedoms or independence are threatened as a result of their human rights advocacy; and, produces legal analyses of national and international laws and standards relevant to human rights abuses against lawyers and other human rights defenders; and, works in cooperation with other human rights organizations. Around the world, lawyers and others who defend human rights are often singled out as targets of repression much of which is perpetrated by governments or government-controlled agencies. Criminal offences against human rights defenders occur with alarming frequency. The 2002 report of the International Commission of Jurists records reprisals against 315 lawyers and judges including 38 murders and 5 disappearances. In addition authorities use existing laws and legal procedures to prosecute or otherwise intimidate advocates representing unpopular clients or causes, often in violation of international standards. Methods used to silence intimidate or punish advocates are often illegal pursuant to the law of the state itself. LRWC seeks to identify illegal actions against advocates, campaign for the cessation of such actions and lobby for the implementation of effective immediate and long-term remedies. Recent Publication in the Jurist: Omar Khadr: Release, Repatriation, and Remedies JURIST Special Guest Columnist Gail Davidson, Executive Director of Lawyers Rights Watch Canada, says that Canada and the US are duty-bound to act immediately to ensure that Canadian Guantanamo Bay detainee Omar Khadr is released and repatriated, his rights are protected and violations of his rights are investigated and remedied, where appropriate, by Omar Khadr - Image via Wikipedia criminal proceedings against the perpetrators....