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Regional Study –Focus Sri Lanka, Pakistan, Nepal and India
It is axiomatic that Freedom of Expression becomes
a casualty of conflict. However, it is only recently that Freedom of
Expression is recognised as a vital tool in conflict mitigation and
transformation. In South Asia with its multiple armed conflicts internal
and international, severe restrictions on freedom of expression, both
formal and informal, have been justified in the name of fighting
conflicts. This web of restrictions makes it difficult to discuss the
root causes of the conflict; encourages a culture of impunity that
breeds human rights violations that reinforce conflict and undermine
democracy and obscures the costs of war- humanitarian, physical and
financial. Protagonists on both sides are manipulating information in a
conflict and seek to prevent independent media reporting, thus
exacerbating distortions. Peace processes have been used by the
protagonists to limit freedom of expression and negotiations are carried
out under a veil of secrecy resulting in non-democractic and often
unsustainable peace accords.
Further, freedom of expression restrictions once
incorporated in the legal frameworks are rarely dropped post conflict
and cumulatively serve to encroach upon fundamental freedoms in conflict
and peace situations. Many of the restrictions on the statutes are a
legacy of colonial rule, left intact by post independence regimes in the
region.
Article 19 (UK) initiated this regional study to
focus on the framework environment for freedom of expression, in
particular, conflict-related restrictions and to demonstrate the value
of free flow of information and ideas in mitigating conflict, conflict
resolution and democratizing peace processes. The framework environment
includes legal, policy and informal restrictions. The study will propose
a set of standards, as well as some concrete actions which NGOs and the
international community might take to counter any unwarranted
restrictions. Gender and women’s right to freedom of expression will
feature as a cross-cutting theme in the study.
Inevitably, considerable attention will be on the role of the media
as the primary vehicle of freedom of expression. In understanding the
legal-policy framework environment, the study will address the
political economy of the media. In addition the study will engage with
other forms of public expression and conflict related restrictions.
The study will look at these issues from a regional perspective,
thereby avoiding some of the sensitivities and biases that prevent
national debate about conflict and its consequences. The focus is on
four countries - India, Nepal, Pakistan and Sri Lanka. By comparing and
contrasting restrictions in different countries, and highlighting
similarities and differences, some general conclusions about the ways in
which authorities and combatants restrict freedom of expression may be
drawn. A regional approach will allow for the strengthening of regional,
as well as national, networks and alliances.
Objectives:
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Better understanding of the legal, policy and practical framework
environment for freedom of expression in conflict situations,
particularly in South Asia,
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Importance of a free flow of information and ideas to addressing the
root causes of conflict and conflict-related restrictions on freedom
of expression.
Outputs
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Study on freedom of expression and conflict, focusing on South Asia
but including general standards on this issue, as well as
recommendations on how civil society and the international community
might address this problem – November 2004.
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International conference to launch the study and to provide advocacy
and planning opportunities.
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Advocacy campaign on conflict-related restrictions on freedom of
expression.
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