Principles of international law on freedom of opinion and expression

Six decades have now passed since Guyana obtained its independence in 1966. Compared to the Guyana of 1966, today’s Dear Land is enjoying the highest growth rates in the world from its energy resources, is engaged in massive infrastructural development for today’s and future generations, but still faces the challenges of tackling deep poverty and of achieving political and social peace and justice.

Political and social peace and justice will only be realized in a genuinely democratic, equitable, and integrity-conscious country. The reader will assess for herself or himself whether the Guyana of 2026 is one of good faith democracy, equity, and integrity in the pursuit of governance.

I have seen in a career of nearly four decades in the service of the United Nations, including in peace and in conflict zones, that international principles can help diverse societies to integrate better and to achieve political and social cohesion. I have therefore sought, from time to time, to highlight some international legal principles that might – indeed must – be  kept in mind in the Guyanese context. The African Union, ASEAN, the Council of Europe, the OSCE, the OAS, and the League of Arab States have sought to highlight international human rights principles with varying degrees of success. I had occasion recently to record the African Union’s experience in my book, Africa and the Universality of Human Rights. (Brill publishers).

As Guyana approaches its destiny with its new resources, and having regard to the vexed and vexing history of the country when it comes to issues involving media and press freedom (control of newsprint; heavy libel actions by government leaders of the day; financial squeezes on newspapers; control of broadcasting licenses; attacks on the independent media; and lack of access to information), I set out below some of the key international legal principles governing the issues of Freedom of Opinion and Expression.

The Universal Declaration of Human Rights (1948), in its Article 19, proclaims that everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

The corresponding Article 19 of the International Covenant on Civil and Political Rights (1966), which Guyana has legally committed to uphold, reiterates that everyone shall have the right to hold opinions without interference. 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 orally, in writing, in print, in the form of art, or through any other medium of one’s choice.

Similar guarantees are provided for in OAS instruments such as the American Declaration on the Rights and Duties of Man (1948); the American Convention on Human Rights (1969), and the Inter-American Democratic Charter (2001). The Inter-American Democratic Charter has the pertinent provision that “Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.”

It bears repeating these concepts in so far as they may relate to the state of Guyanese democracy: transparency; probity; responsible public administration on the part of governments; respect for social rights; and freedom of expression and of the press.

The International Covenant on Civil and Political Rights, which is legally binding on Guyana, is monitored by the Human Rights Committee, which provided authoritative guidance on the content of freedom of opinion and expression in its General Comment No 34 adopted already in July 2011, fifteen years ago. Some key international legal principles on freedom of opinion and expression are highlighted by the Human Rights Committee, including the following:

1. Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. They are essential for any society. They constitute the foundation stone for every free and democratic society. The two freedoms are closely related, with freedom of expression providing the vehicle for the exchange and development of opinions.
2. Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights. Note: transparency and accountability.
3. The obligation to respect the freedoms of opinion and expression is binding on every State Party as a whole. All branches of the State (executive, legislative and judicial) and other public or governmental authorities, at whatever level – national, regional or local – are in a position to engage the legal responsibility of the State Party (such as Guyana). States parties are required to ensure that the rights contained in Article 19 of the Covenant are given effect to in the domestic law of the State.
4. Freedom of opinion: Article 19 of the Covenant requires protection of the right to hold opinions without interference. This is a right to which the Covenant permits no exception or restriction. All forms of opinions are protected, including opinions of a political, scientific, historic, moral or religious nature. It is incompatible with Article 19 to criminalize the holding of an opinion.
5. Freedom of expression: Article 19 of the Covenant requires States parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. The Covenant protects all forms of expression and the means of their dissemination. Such forms include spoken, written and sign language and such non-verbal expression as images and objects of art.
6. Freedom of expression and the media: “A free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society.”
7. “The Covenant embraces a right whereby the media may receive information on the basis of which it can carry out its function. The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. The public also has a corresponding right to receive media output.”
8. As a means to protect the rights of media users, including members of ethnic and linguistic minorities, to receive a wide range of information and ideas, States parties to the Covenant (such as Guyana) should take particular care to encourage an independent and diverse media.
9. States Parties to the Covenant should ensure that public broadcasting services operate in an independent manner. They should guarantee their independence and editorial freedom. They should provide funding in a manner that does not undermine their independence.
10. Right of access to information: Article 19 of the Covenant embraces a right of access to information held by public bodies. Such information includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production. To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest.
11. Freedom of expression and political rights: The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues and to inform public opinion without censorship or restraint.
12. States parties should put in place effective measures to protect against attacks aimed at silencing those exercising their right to freedom of expression.

The Human Rights Committee emphasized that journalism is a function shared by a wide range of actors, including professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, or on the internet or elsewhere, and cautioned that general State systems of registration or licensing of journalists are incompatible with Article 19 of the Covenant.

The pages of the Guyanese media are replete with issues and problems in respect of which the foregoing principles are relevant and cautionary. Governments, past and present, are accountable to the verdict of history.

As someone who has performed the functions of UN High Commissioner for Human Rights, I have seen first hand that those who may think they are slick while in Government end up sullied in the verdict of history. As this is written, yesterday’s enslavers are facing the harsh verdict of history. Justice is no longer time-bound.