UN rights expert urges Nauru to withdraw norms
threatening freedom of expression
GENEVA (22 May 2015) – The United Nations Special
Rapporteur on freedom of opinion and expression, David Kaye, today called on
the Government of Nauru to withdraw recent amendments to the Criminal Code
which unduly restrict freedom of expression. Mr. Kaye also urged the
authorities to revoke other measures that restrain access to internet and
social media and curtail the freedom of the press.
“These new laws could be used to muzzle dissenting
opinions and deter human rights defenders, academics, journalists, students,
politicians and civil society members”, the expert warned.
As adopted by Parliament, the Criminal Code amendment
(section 244A) is ambiguous and imposes harsh penalties, including up to seven
years prison sentence, for a wide range of legitimate expression. “Any
legislation aiming at regulating the freedom of expression must be strictly
necessary to achieve a legitimate objective, and should be worded precisely and
with care,” he added.
“Nauru should allow free space for expression without
fear of criminal prosecution,” Mr. Kaye stated. “It should lift all
restrictions to access internet and social media, and facilitate access to the
media in the country.”
Since April, access to several social media outlets,
including Facebook, has been blocked, on the official justification to limit
pornography, crime and cyberbullying, and to protect the national culture.
However, the independent expert is concerned that these restrictions are
instead “designed to prevent asylum seekers and refugees in the country from
sharing information on their situation.”
Freedom of the press has also been limited when, last
year, the Government imposed prohibitive visa fees for foreign journalists to
enter the country, increasing the amount to 6,500 USD for a single entry visa.
This is especially problematic in a small country where there are very few
journalists and limited media outlets.
“Nauru should revise its course of action and take
measures to fulfill its human rights obligations: it should revise the legislation
according to international standards,” the Special Rapporteur said.
ENDS
David Kaye (USA) was appointed as Special Rapporteur on
the promotion and protection of the right to freedom of opinion and expression
in August 2014 by the United Nations Human Rights Council. Learn more, log on
to: http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
The UN Special Rapporteurs are part of what is known as
the Special Procedures of the Human Rights Council. Special Procedures, the
largest body of independent experts in the UN Human Rights, is the general name
of the independent fact-finding and monitoring mechanisms of the Human Rights
Council that address either specific country situations or thematic issues in
all parts of the world. Special Procedures’ experts work on a voluntary basis;
they are not UN staff and do not receive a salary for their work. They are
independent from any government or organization and serve in their individual
capacity.
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