International Conference on Freedom of Expression and Media Development in Iraq

Arabic (PDF format) / French

Reiterating Articles 36 and 38 of the Permanent Constitution of Iraq, which give the State responsibility for guaranteeing freedom of expression through all means; freedom of press, printing, advertisement, media and publication; and freedom of communication;

Recalling Article 19 of the Universal Declaration of Human Rights, which provides that “Everyone has the right to freedom of expression and that this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, and regardless of frontiers”;

Emphasizing that freedom of expression is a fundamental right for the promotion and attainment of other civil, cultural, economic, political and social rights, and that press freedom is part of the agenda for a human rights-based approach to development as elaborated in the United Nations Millennium Declaration;

Recalling both the Geneva (2003) and Tunis (2005) phases of the World Summit on the Information Society, which affirmed freedom of expression as the first of the four central pillars for creating knowledge societies;

Recalling 29 C/Resolution 34 adopted by the General Conference of UNESCO at its 29th session in 1997, which recognizes “that a free, pluralistic and independent press is an essential component of any democratic society”, and which endorses the Declaration adopted by the participants in the United Nations/UNESCO Seminar on “Promoting Independent and Pluralistic Arab Media” held in Sana’a, Yemen, from 7 to 11 January 1996;

Noting that the Geneva Conventions and their Additional Protocols, which set out international standards applicable to journalists in areas of armed conflict, classify those journalists as civilians, not as combatants, and state that journalists should therefore benefit from all the protections afforded to civilians, including provisions against being deliberately targeted, detained or otherwise mistreated;

Reaffirming the Declaration adopted by the participants in the UNESCO conference on “Assistance to Media in Conflict Areas and Countries in Transition” held in Belgrade, Serbia and Montenegro, on 3 May 2004, and the Declaration adopted by the participants in the UNESCO conference on “Media and Good Governance” held in Dakar, Senegal, on 3 May 2005 – both endorsed by UNESCO’s General Conference at its 33rd session;

Welcoming Security Council resolution 1738 (2006), which condemns attacks against journalists in conflict situations, adopted by the Security Council at its 5613th meeting on 23 December 2006;

Stressing the importance of the free flow of information from a number of sources in order to bring to light any violations which may occur, and to create a suitable climate whereby such conflicts may be resolved;

Recalling Security Council resolution 1325 (2000), which urges the international community to include women’s groups and individual women in all post-conflict reconstruction, development and peace processes;

Noting with great concern that journalists and other media professionals in Iraq have been subject to intimidation and violence, and that Iraq is considered to be one of the most dangerous countries in the world with regard to the pursuit of journalism;

We declare that:

1. Achieving democracy and enduring peace in Iraq will depend upon respect for international human rights, and in particular, the right to freedom of expression as set out in Article 19 of the Universal Declaration of Human Rights;

2. Freedom of expression requires there to be independent and pluralistic media which are able to report free from governmental, political or economic control as set out in the Belgrade Declaration and the Dakar Declaration;

3. Encouragement should be given to pluralistic media with a broad diversity of print, broadcast and other media, reflecting the widest range of opinion in society, and encouraging the participation of all without discrimination;

4. Ensuring the safety of all journalists in Iraq, including ending impunity and setting up independent investigations into attacks, should be given the highest priority, in accordance with Security Council Resolution 1738 (2006);

5. The Iraqi Government and Armed Forces, as well as international forces operating in Iraq, should support, defend and promote awareness of media freedom;

6. The authorities must respect the rights and professional independence of journalists and media professionals, while recognizing the need to deter both direct and implicit incitement to violence;

7. It is necessary to promote the role of media as a platform for dialogue in a democratic governance framework, and to reject the culture of terrorism and sectarian violence;

And we recommend the following:

1. The independent regulation of the communication sector in Iraq should be encouraged, and the Iraqi National Communication and Media Commission (INCMC) should continue to function as an independent body with exclusive authority to license public media broadcasters and regulate their work;

2. The state media should continue to be public broadcasting institutions, and the Iraqi Media Network (IMN) should continue to function as a public service broadcaster which is politically, financially and editorially independent of the Iraqi Government;

3. Journalists and the print media should have the right to form associations and organizations, and to draw up independent and self-regulating codes designed for that purpose on the basis of the Constitution. All laws requiring journalists to obtain licences to practise their profession should be abrogated, as should all laws requiring the print media to obtain publishing licences;

4. We recommend that any Iraqi laws which violate freedom of expression or infringe the right of the media to pursue its work with complete freedom should be abrogated, and that all Iraqi laws relating to the media or to freedom of expression and publication should comply with international best practices in that regard;

5. Media outlets, professional associations and media organizations should be vigilant and steadfast in ensuring the transparency of the public authorities and making them accountable for ensuring transparency and combating corruption in the media themselves;

6. The development of a robust commercial broadcasting sector should be encouraged. Steps should be taken which address long-term financial support mechanisms, including developing the building blocks for private media, and providing assistance with advertising, management training and business planning;

7. The Iraqi production of media content should be encouraged, including the development of local production industries;

8. Special attention should be devoted to independent journalism throughout the electoral process. Media outlets should grant political parties fair access, and should comply with all media regulations and codes in force;

9. The Iraqi Government and the international community should continue to include media development as part of their reconstruction and development strategies for Iraq. In addition to strengthening media training and research institutions in Iraq, attention should be devoted to training efforts which are conducive to building the capacity and professional skills of journalists. We propose that INCMC should use its revenues to foster independent media by supporting training, research, and other media development efforts in the Kurdistan region and in all Iraqi regions and governorates;

10. The role of UNESCO as the lead agency for freedom of expression issues in the United Nations system should be reaffirmed, and we call upon the international community to coordinate its efforts to ensure increased effectiveness;
11. The Arab and international media should be urged to respect the choices of the Iraqi people and to refrain from practising sectarian or racial incitement and from encouraging violence in Iraq;

12. A National Fund, to be administered by an independent body, should be established to provide support to the families of journalist victims.