UNRC Antje Grawe's Remarks at Roundtable on Freedom of Expression

15 November 2022

Park Hotel Bishkek

Dear Ladies and Gentlemen, dear Participants

On behalf of the United Nations in the Kyrgyz Republic, I am grateful to the “Adilet Legal Clinic” for the invitation to speak at the opening of this important and very timely event. I warmly welcome the presence today of Mr. Nurlan Shakiev, Speaker of the Parliament, other members of the Parliament, representatives of the Presidential Administration, civil society and journalists, as well as my UN colleagues, colleagues from the EU and US and other diplomatic missions and international organizations.

I hope that today’s event will offer an enabling space for an open and constructive dialogue on freedom of expression, in particular on the draft Law “On the Mass Media” between representatives of the Government, Parliament and civil society and media.  It is extremely important that we also discuss draft amendments to the 2021 Law “On the Protection from Inaccurate (False) Information” which have been proposed by a group of Members of Parliament in response to numerous concerns raised about human rights challenges that the Law’s implementation highlighted.

Ladies and Gentlemen,

I would like to start from referencing UN documents and policies applicable to all UN member states.

The UN Charter puts human rights at the heart of international relations. Human rights, in particular freedom of expression and freedom of information are also a cross-cutting issue in the 2030 Agenda and all the Sustainable Development Goals.

The UN General Assembly has reiterated in several resolutions that “freedom of information is a fundamental human right and it is the touchstone of all the freedoms to which the United Nations is consecrated.”

In his Call to Action for Human Rights, the UN Secretary-General underlines that societies are stronger and more resilient when women and men contribute to policy-making that affects their lives, including by accessing information, engaging in dialogue, and expressing dissent if need be.

Article 21 of the Universal Declaration of Human Rights (whose 75th Anniversary will be celebrated during 2023) and Articles 19 and 25 of the International Covenant on Civil and Political Rights (Kyrgyzstan is a party since 1994) guarantee the rights to freedom of expression, access to information, and participation in public affairs. The UN Human Rights Committee has reiterated on many occasions that freedom of expression is essential to the enjoyment of other human rights.

Accordingly, it is only natural that freedom of expression is reflected in the Constitution of the Kyrgyz Republic, as it is in the constitutions of most countries in the world. This freedom is the basis of any democratic society.

Dear Participants,

The UN Secretary-General report on “Our Common Agenda” noted that it is paramount to promote integrity in public information, which requires Governments to be transparent, accurate and accountable.

The UN Human Rights Council (Resolution 49/21, April 2022) and the UN General Assembly (Resolution 76/227, December 2021) have stressed that free, plural media, supported by self-regulation mechanisms, and an open and pluralistic civic space, with independent and active civil society and academia, enable the public to access independent, timely, evidenced-based, accessible, clear and multi-lingual information from diverse sources, and are preconditions for democratic debate and an informed public. 

Transparency, including from the government, contributes to building trust. And legitimate, accountable and effective public institutions are based on trust from citizens.

Freedom of expression plays a key role here, and this is why UN Human Rights Mechanisms have called on States to consider supporting positive measures (such as the promotion of independent fact-checking mechanisms and public education campaigns), instead of imposing excessive restrictions and over-regulation of freedom of the media and criminalizing and penalizing disinformation.

For example, the UN Special Rapporteur on the right to freedom of opinion and expression stated that “if independent media that is diverse and adequately resourced, with high standards of journalism, cannot survive – let alone thrive – disinformation will flourish, journalists will be further imperiled and societies’ right to information will be undermined”. Overbroad restrictions on the mass media are likely to exacerbate societal ills and increase public distrust and disconnection, rather than contribute to the resolution of underlying problems.

Unfortunately, in his 2022 Report to the UN General Assembly on countering disinformation, the UN Secretary-General had to note that in many countries, journalists and critical civil society voices continue to face unfounded physical and psychological threats and violence, including relating to their efforts to report or speak out on sensitive issues. Such practices undermine media work and limit access to information. 

The SG’s Report tracked recently adopted laws to address various notions of “false information” and disinformation in at least 83 UN member states, stressing that such laws often contravene human rights law, lead to the criminalization of permissible content and significantly restrict information flows around the globe.

In some cases, efforts to combat disinformation have been used by governments, political and other public figures to restrict access to information, particularly online; to discredit and restrict critical reporting; and to target, prosecute and silence journalists, political opponents, whistle-blowers and human rights defenders.

In this regard, the UN Human Rights Committee has held that in debates concerning public figures in the political domain and state institutions, the value of freedom of expression is particularly high, and states should avoid penalizing untrue statements that have been published in error, but without malice.

Dear Participants,

Freedom of expression can cope with disinformation. The right is not absolute but it can be restricted only on the basis of the principles of legality, necessity, proportionality and non-discrimination.

Restrictions that do not meet any one of these tests are potentially unlawful. And given the challenge of defining what “disinformation” is, there is a real risk that, even when there is a legitimate public interest purpose, restrictions adopted by States may result in unlawful restrictions on freedom of expression. The risks inherent in the regulation of expression require a tailored approach.  Any legislation regulating media freedoms should provide for effective appeals and redress procedures.

With this in mind, the UN General Assembly has called upon States “to counter disinformation not through penalties, but through policy measures, including education, capacity-building for prevention and resilience to disinformation, advocacy and awareness-raising”.

I would like to stress the importance of media and digital literacy initiatives targeting policymakers, educators, information and media professionals, youth organizations and disadvantaged populations to identify, dispel and debunk false and misleading information. The UN Country Team in Kyrgyzstan stands ready to support the Kyrgyz Republic in the continued implementation of such initiatives under the new UNSDCF for 2023-2026.

Ladies and Gentlemen,

I am confident that our debate today will highlight that active monitoring and review of the regulatory impact of draft and new laws, especially of those in delicate areas such as the work of mass media and freedom of expression, are essential.

I would like to recall that during the legal inventory process carried out in 2021 with our support, based on a human rights expert review the existing Law “On the Mass Media” received a score of 91.5 points out of 100, and therefore was not recommended for any substantive changes.

An inclusive, transparent and non-rushed dialogue on the media legislation would also reflect the spirit of the Agenda 2030. I have taken note of concerns from civil society and media organizations on the new draft Law “On the Mass Media”. Based on the discussion today, I think it would be important to establish a platform (for instance, a working group) to discuss these issues at technical level, with participation from Government and Parliamentary experts, independent media experts and media associations, civil society and international experts, as required. The UN Country Team in the Kyrgyz Republic is ready to support such efforts, if requested, and participate.

Media legislation is a very technical area. I believe this discussion would seriously benefit from a Legal Opinion by the OSCE Representative on Freedom of the Media, who is ready to contribute upon request.

Ladies and Gentlemen,

Today’s event is taking place soon after adoption of the Concluding Observations and recommendations by the UN Human Rights Committee based on the 11-12 October dialogue with the Government Delegation where the third national periodic report of Kyrgyzstan on the implementation of the International Covenant on Civil and Political Rights was reviewed.  In its recommendations, the UN Human Rights Committee in fact noted all of the issues that we have on today’s agenda.  Our discussion is a useful constructive engagement in follow up to the received recommendations by Kyrgyzstan.

Kyrgyzstan is getting ready for the third time to become a member of the UN Human Rights Council. From January 2023 until the end of 2025, Kyrgyzstan will have the opportunity to lead by example in upholding the highest standards in the promotion and protection of human rights ¾ a key task for each member of the Human Rights Council, according to UNGA Resolution 60/251 establishing it.

The country’s voluntary human rights commitments and pledges represent a valuable framework to support policies, legislation and practices in the Kyrgyz Republic, building on the progress gained so far and further strengthening the respect for human rights and fundamental freedoms for all.

I wish you all a constructive and productive discussion today.

Thank you. Chong rahmat.