Freedom of Expression, Rule of Law and Democracy

Herlambang P. Wiratraman Center for Human Rights Law Studies (HRLS)

Faculty of Law, Airlangga University

Denmark – Myanmar Programme on Rule of Law and Human RightsThe International Commission of Jurists and the Danish Institute for Human Rights

Session 1#

The Objectives - Learning Points

★ To understand the Freedom of Expression (FoE), key concepts, international norms, principles and values under International Human Rights Law.

★ To acquire knowledge on the scope of freedom of expression as the foundation of a global protection, implementation and approaches applied to increase respect for FoE.

★ To understand the applicability of the Freedom of Expression within the Myanmar context, its level of implementation and how this can be incorporated into academic teaching of Human Rights Law, and its interactive teaching methods.

Concept• What is freedom of expression? • Why is it important for your life?

Freedom of expression is the foundation of human rights, the source of humanity, and the mother of truth

Liu Xiaobo (1955-2017)

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.

(Article 19, Universal Declaration of Human Rights/UDHR 1948)

Article 19 of the ICCPR

1. Everyone shall have the right to hold opinions without interference.2. 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 or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

• Freedom of expression, individual or collective freedom?

“I want freedom for the full expression of my personality.”

― Mahatma Gandhi, The Essential Gandhi: An Anthology of His Writings on His Life, Work, and Ideas

“[Freedom of expression] requires, on the one hand, that no one be arbitrarily limited or impeded in expressing his own thoughts. In that sense, it is a right that belongs to each individual. Its second aspect, on the other hand, implies a collective right to receive any information whatsoever and to have access to the thoughts expressed by others.”

Case of Herrera-Ulloa, Inter-American Court of Human Rights

• Is freedom of expression related to democracy? • Is that possible democracy without freedom of expression? • What would be the situation of the country without or restrict freedom of

expression?

Hu Jia on FoE #China #HumanRights activist Hu Jia: - Freedom of expression is the

starting point of the rights of all citizens is the key to open the democratization of China. Protect your freedom of speech is my civic responsibility, safeguarding freedom of expression in society, it is my civic mission. @hu_jia

Source: http://www.twitlonger.com/show/g1erh0 accessed on 28th February, 2012