BRIEF BACKGROUND TO THE JOHANNESBURG PRINCIPLES
【Dr Frances D'Souza, Executive Director of ARTICLE 19, 1989 –1998 and
Convener of the Johannesburg Principles Consultation in 1995】
The Johannesburg Principles, so called because they were developed, discussed and
agreed by 37 international experts at a three day consultation in South Africa in 1995,
have gradually been accepted and cited as the definitive standards for the protection
of freedom of expression in the context of national security laws. The seminar brought
together legal and other experts representing all regions as well as the human rights
bodies of the UN, the Council of Europe, the Organisation of American States and the
Organisation of African Unity.
The Principles address an especially difficult issue: to what extent is it legitimate in
international law for governments to suppress freedom of expression and access to
information in order to safeguard national security? It is well established that a threat
to national security is the justification most often used by governments around the
world to censor potentially embarrassing political information.
We based our conclusions on international and regional law and standards relating to
human rights as well as evolving state practice (as manifested by national court
judgements) and agreed that a more progressive standard was needed to promote the
fullest possible respect for freedom of expression and to counter government attempts
to undermine this key right.
We emphasised that the onus must lie with governments that restrict free expression
on national security grounds to show that its actions are necessary to protect a
“legitimate national security interest” not simply to save the government from
embarrassment or to deflect criticism. We also agreed that the definition of what can
constitute a “legitimate national security interest” must be narrow, involving no less
than a threat to a country's very existence or territorial integrity, or its capacity to
respond to the use of force or threat of force.
The Johannesburg Principles declare and amplify four central points:
-That governments and officials must tolerate peaceful criticism and advocacy of
constitutional change;
-They must allow access to information about the operation of the government in the
public interest;
-They must permit the media to report on armed conflicts;
-Finally, that governments which restrict due process rights on national security
grounds must be able to show not only that any restrictions are necessary but also that
they do not violate fundamental due process obligations.
The Principles were presented to the UN Human Rights Commission in Geneva by
the UN Special Rapporteur on Freedom of Expression and have since been cited in
innumerable conferences, seminars, convocations, human rights texts, articles and
court cases. The Johannesburg Principles have now reached the status of the Syracusa
Principles and the Bangalore Principles and as such inform the drafting and the
implementation of security laws around the world.
The Lima Principles (2000)
One offshoot of the Johannesburg Principles concerns the efforts made by the
Peruvian Press Council amongst other bodies in November 2000 to try to limit the
imposition of yet more restrictive laws and practice in Peru under the Presidency of
Alberto Fujimori.
As it happened, the seminar convened for the purpose of developing the Lima
Principles, coincided with the sudden departure of President Fujimori who fled to
Japan and has remained there ever since.
The Lima Principles were finalised and are similar to the Johannesburg Principles, but
adapted for the unique conditions that prevailed in Peru following Fujimori's
departure and the revelation of massive government repression, detention of political
prisoners, routine torture and corruption on a national scale.
Interestingly, further legislation on access to information including security
information drafted by the Peruvian Press Council and various legal experts, drew the
attention of the armed forces who requested that they be allowed to join the working
group. The heads of all the armed forces have been engaged in several working
groups and have demonstrated a radical approach to access to information. This
involvement has assisted the drafting of a bill, which incorporates much of the
Johannesburg Principles, is now before the legislative council.
**ARTICLE 19 is the London-based Global Campaign for Free Expression