Safety of Journalists and the Treatment of Whistleblowers
PDF of Study Guide: Here
Country Sign-up: Here
Draft Resolution: Journalists can blow my whistle baby
Draft Resolution: Give journalists liberty, don’t give them death
Draft Resolution: For the Peaceful Harmony of Journalism and Society
Introduction to the Committee
The United Nations Human Rights Council (UNHRC) is a United Nations Body with the goal of promoting and protecting human rights internationally. The council consists of 47 members which are elected for three-year terms. The Council’s membership is based on equal geographical distribution, with a certain number of seats allotted to: African States, Asia-Pacific States, Latin American and Caribbean States, Western European and Eastern European States.
Introduction to the Topic
Safety of Journalists
“The right to freedom of opinion and expression is a human right guaranteed to all in accordance with articles 19 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights. It constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and development.”
The issue of protecting the lives and rights of journalists has been discussed by the UNHRC since 2012, with the most recent resolution passing in 2020. Many people around the world risk their lives to report the truth to the public. The dangers that journalists face range from death threats, murder, kidnapping, offline and online harassment, arbitrary imprisonment and torture. Female journalists are especially vulnerable to sexual assault, whether it is targeted or mob-related. These crimes are often left underreported and unpunished. In our modern internet-age, online harassment is a serious issue with offences such as hate speech, cyber-stalking, doxxing and general intimidation and threats. As is to be expected this often occurs in high tension areas dealing with armed conflicts and high-levels of poverty. The violence against journalists effectively acts as means of silencing them, limiting their ability to report the situations in these areas.
Whistleblowers
A whistleblower is a person who reveals information about activity within a private or public organisation that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers are able to report these activities using internal channels such as a supervisor or human resources. External channels are also available such as the media, government or law enforcement. The end result that most whistleblowers hope to achieve is that the issue will be addressed and corrected. In many cases the whistleblowers are met instead with retaliation, which can be a very heavy risk. Depending on the severity of the information presented by the whistleblower they are faced with three categories of risk: individual harm, damage to public trust and threats to national security. Revealing a whistleblower’s identity will often put them into immediate danger, depending on what kind of information they leak, they could be branded as a traitor or guilty of treason. In some countries the punishment for treason is the death penalty. As a result of this, many whistleblowers often need to flee their country in search of refuge, in order to avoid public scrutiny, death threats, and in some cases criminal charges. Whistleblowers are meant to be protected by the law, however will still often face retaliation. In some countries, the in-depth legal and practical analysis of the current situation with regards to whistleblower protection revealed that the legal frameworks are often inexistent or insufficient. Regardless of the legal framework, it is the ineffective implementation of whistleblower protection regimes that poses a challenge for all involved stakeholders.
History of Violence Against Journalists
In the last two decades 1’668 journalists have been killed worldwide, leading to an average of 80 deaths per year. The worst years for reporters were 2012 and 2013, with a collective of 286 deaths. This peak in the death toll is largely a result of the war in Syria. Of the 1’668 deaths over the past two decades, 80% of them have occurred in 15 countries. The highest death tolls stem from Iraq and Syria with a combined total of 578 deaths. Followed by those two are Afghanistan, Yemen, Palestine and Somalia. Closer to home Russia is responsible for the most journalist deaths in Europe, with eight journalists having died since the start of the conflict in Ukraine.
As stated previously, war zones are very dangerous for journalists, with 686 killings in only the last decade. The deadliest years were from 2012 to 2016. However in many cases “Zones at peace” are more deadly due to reporters investigating organised crime and corruption. Among the 15 most dangerous countries, 4 are responsible for 47.4% of deaths: Mexico, Brazil, Honduras and Colombia.
Current Situation of Journalist Safety
Luckily in the past three years, the yearly death count has not exceeded 20. This is most likely a result of a decline in intensity of some wars and the implementation of protective measures and restrictions. However, aside from the fact that many disappearances often go unreported due to corruption or fear, journalists still face many different forms of danger besides death. The cyber-aspect of harassment remains a threat to many, leading to psychological damage and the fear of being hurt and persecuted.
Status of Whistleblowers
As mentioned previously, whistleblowers can affect the private sector on a small scale, but also impact the national security of a nation via the public sector. Regardless of the scale, “blowing the whistle” should be protected by the freedom of opinion and expression. Unfortunately this is often not the case. With whistleblowers in the private sector at risk of losing their job and future prospects and whistleblowers in the public sector facing the possibility of criminal charges and even death. Culturally whistleblowing still has connotations of betrayal and is often discouraged. Persecution of whistleblowers has become a serious threat around the world due to the constant threat of retaliation. Legal protection varies from Nation to Nation, ranging from safety from losing their jobs to forums and channels to mitigate the risk of whistleblowing. However many nations do not enforce such laws or blindly ignore them.
Cases of Retaliation Against Whistleblowers
Julian Assange
Julian Assange founded Wikileaks in 2006. Wikileaks is a company that runs a website for the sole purpose of leaking news and classified media provided by anonymous sources. It came to international attention in 2010 when it published a series of leaks provided by U.S. Army intelligence Analyst Chelsea Manning. Julain Assange was issued a European arrest Warrant in 2010 which led to him seeking asylum in the Embassy of Ecuador in London. After 9 years Assange’s Asylum was withdrawn, and he was subsequently arrested for breaching the “Bail Act” and faced 50 weeks in prison. In addition to this Assange has been battling extradition to the United States on account of him violating the Espionage act of 1917.
Chelsea Manning
As mentioned previously, Chelsea Manning was U.S. Army intelligence Analyst who leaked over 750’000 classified or sensitive military documents. These documents would be known as the Iraq War logs and Afghan War diary, as they consisted of information regarding military Airstrikes and specifically videos of American troops killing unarmed civilians. Manning was charged with 22 offences, including: violations against the Espionage act and violations against the Uniform Code of Military Justice. The most serious offence that Manning was charged with was “aiding the enemy” which is a capital offence with the possibility of the death penalty. Prosecutors however waived the death penalty. Chelsea Manning was imprisoned from 2010 until 2017 in which President Barack Obama commuted her sentence. The reason stated by Manning for leaking information was that the American people were completely unaware of the reality of war in Iraq and Afghanistan and needed to see the harsh truths of war.
Edward Snowden
Edward Snowden may be one of the most famous whistleblowers in history. He had worked as a computer intelligence consultant for the National Security Agency in the United States of America, where he had uncovered numerous global surveillance programs with heavy ethical ramifications in regards to individual privacy and national security. After being ignored through internal channels, Snowden had fled to Hong Kong and leaked the information to multiple media outlets. As a result the United States charged Snowden with violating the Espionage Act and theft of government property. His passport was also revoked, which resulted in Snowden seeking Asylum in Russia. To this day he lives in Russia as a permanent resident, unable to return safely to the United States. As a result of his acts, in 2020 a U.S. federal court ruled the U.S. intelligence’s mass surveillance is illegal and possibly unconstitutional.
Conclusion
The freedom of opinion and expression is a right that must be protected in all forms, including journalism and whistleblowing. The ethical ramifications of certain activities need to come to light, however it can often be difficult to ensure the protection of individuals shedding light on these issues. In regards to whistleblowers there are different levels of severity, and each one must be dealt with differently, to the point where a balance between personal interests and ethical principles must be met. The question however remains, how should these issues be addressed?
Questions a Resolution Should Answer
What measures should be taken to ensure the safety of journalists?
Is there a way to tackle cyber-security and wellbeing of journalists?
Should all levels / forms of whistleblowing be protected?
Are there limits to what kind of information can / should be leaked?
Is there a way to ensure that whistleblowers will not be retaliated against?
Practical Advice for your Research
Are there many journalist deaths in your country?
Does your country have a cultural stigma against journalists?
Does your country have organisations set in place to ensure the safety of journalists?
Does your country have a proper legal framework to protect whistleblowers?
Has your country prosecuted any whistleblowers on a federal level?
Country Suggestions
Somalia
Honduras
France
Ukraine
Mexico
Pakistan
India
China
United States of America
United Kingdom of Northern Ireland and Great Britain
