Inter-American Rights Watch

Caribbean Court of Justice and UNESCO Partner to Strengthen Freedom of Expression

By: Sarah Peck

Impunity Watch News Staff Writer

 

PORT OF SPAIN, Trinidad and Tobago – In a landmark move to bolster press freedom and human rights across the Caribbean, the Caribbean Court of Justice (CCJ) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) have formalized a partnership aimed at enhancing freedom of expression, access to information, and the safety of journalists. The agreement, signed in October 2024, underscores a commitment to upholding Article 19 of the Universal Declaration of Human Rights, which guarantees the right to seek, receive, and impart information.

 
Photo of UNESCO and CCJ members holding the signed Memorandum of Understanding. Photo Courtesy of the CCJ.
 

The Caribbean region has faced persistent challenges regarding press freedom, including threats against journalists, restrictive defamation laws, and government-imposed censorship. In recent years, journalists in countries such as Guyana, Trinidad and Tobago, and Jamaica have faced harassment and intimidation for covering sensitive topics such as corruption and organized crime. For example, in 2022, Guyanese journalist Glenn Lall, the publisher of Kaieteur News, faced legal threats and alleged government pressure for his investigative reporting on oil contracts. Similarly, in 2014, Trinidadian investigative journalist Mark Bassant had to go into hiding due to death threats linked to his reporting on drug trafficking networks. Additionally, restrictive defamation laws in the region, such as the controversial criminal libel laws in Grenada and Antigua and Barbuda, have historically been used to silence critical voices in the media. In some cases, governments have imposed censorship measures, such as suspending broadcast licenses or restricting access to certain publications, further limiting press freedom.

While the CCJ has long been regarded as a guardian of constitutional rights, this new collaboration signals an increased judicial commitment to protecting journalists and fostering transparency. UNESCO’s involvement brings a wealth of resources and expertise in media development, training programs, and policy advocacy. By working together, the CCJ and UNESCO seek to create an environment where journalists can operate freely without fear of persecution. This initiative aligns with global efforts to combat disinformation, promote access to justice, and safeguard democratic institutions.

As the final appellate court for several Caribbean nations, the CCJ plays a crucial role in interpreting constitutional provisions related to freedom of speech and the press. The court has historically ruled on defamation cases and media restrictions, balancing national security concerns with fundamental human rights. This partnership is expected to enhance judicial training and legal frameworks that support media independence.

One of the key components of this initiative is capacity-building among legal professionals. Judges, lawyers, and policymakers will receive training on international standards related to freedom of expression, ensuring that future rulings reflect best practices in human rights law. Additionally, efforts will be made to revise outdated laws that stifle press freedom, such as criminal defamation statutes, which have been used to silence dissent.

For journalists operating in the Caribbean, this partnership represents a potential turning point. Investigative reporters and independent media organizations have often faced legal intimidation, harassment, and physical threats for exposing corruption and human rights abuses. The collaboration between UNESCO and the CCJ is expected to provide journalists with stronger legal protections and recourse when their rights are violated.

Moreover, the initiative aims to improve access to public information by advocating for stronger transparency laws. This is particularly significant in a region where government secrecy and limited access to official records can hinder investigative journalism. By promoting open governance and legal safeguards for journalists, the CCJ and UNESCO are taking a proactive stance in ensuring that democracy and accountability are upheld.

The partnership between the CCJ and UNESCO marks a significant step forward in the fight for press freedom in the Caribbean. By reinforcing legal protections, educating judicial actors, and advocating for policy reforms, this collaboration has the potential to reshape the media landscape in the region. Moving forward, its success will depend on the commitment of Caribbean governments, media professionals, and civil society to uphold the fundamental right to free expression.

 

For further information, please see: 

CCJ – UNESCO and the Caribbean Court of Justice Forge Partnership to Strengthen Freedom of Expression and Journalist Safety – 10 Oct. 2024

Freedom House – Freedom in the World 2023 – Antigua and Barbuda – Mar. 2023 

Ifex – Electronic Crimes Act in Grenada Appears to Recriminalise Defamation – 12 Sep. 2013

International Press Institute – Journalist flees Trinidad and Tobago after threats – 26 May 2014

Reporters Without Borders – OECS – General Manager of Grenada Broadcasting Network censors coverage of staff protest – 27 Sep. 2018

Stabroek News – Glenn Lall goes to court over oil deal with Exxon subsidiary – 14 Jan. 2022

WACC – Tensions between media censorship and regulation in Jamaica – 12 Aug. 2020




After Nearly Thirty Years, the Inter-American Court of Human Rights Compels Peru to Comply with Prior Decisions In an Effort to Uphold the Right to Fair Trial and Judicial Protection

By: Jocelyn Anctil 

Impunity Watch News Staff Writer 

SAN JOSÉ, Peru – After Peru commenced the privatization of state-owned companies in 1991, the government liquidated the Empresa Comercializadora de Alimentos S.A. (ECASA), along with the jobs of approximately three thousand employees. Although a salary increase was established through bargaining agreements, the government suspended them. In response, the dismissed workers of the ECASA filed an action of protection. The Supreme Court of Justice ruled in favor of the workers and ordered execution of its decision in February of 1993. The process for execution of this decision has remained open for twenty-six years. The Inter-American Commission on Human Rights referred the case to the Inter-American Court of Human Rights (IACHR) after finding that Peruvian judicial authorities failed to definitively resolve the issues.

Finally, the case was heard by the IACHR which reached a decision on June 6, 2024. The American Commission on Human Rights asked the IACHR to declare the State of Peru responsible for multiple violations of the American Convention on Human Rights, including the right to a fair trial. The IACHR agreed and ruled in favor of the workers. Article 25 of the Convention gives the right to judicial protection. The court found that in order for judicial protection to be effective, states must have the ability and mechanisms to execute final judgements. Peru is to pay $5,000 to each victim identified in the case. In case there are more victims unaccounted for, the court also stated Peru is to create a trade union register.

 
Attendees of a hearing of the Inter-American Court of Human Rights (IACHR). Photo courtesy of EFE/Alexander Otarola.
 

This decision relates to a bigger issue: The Peruvian State has failed to enforce judgements against state entities since the 1990s. At a domestic level, courts often delay execution or do not execute the judgement at all. This creates complications as victims die while waiting for enforcement. Peru has not adopted or created the measures necessary to remedy this pattern and avoid future violations. As a result, the IACHR also urges Peru to hold a forum for debate and reflection to analyze the structural issues and allow the workers of ECASA and their family members involved in this case to participate. In an effort to decrease unreasonable delays and increase efficiency, the IACHR also ordered the Peruvian State to implement a mandatory training to inform judges who are unaware of how to handle and execute actions of protection.

 

For further information please see,

IACHR – Judgments – 24 Feb. 2025

OAS – IACHR refers case on Peru to the Inter-American Court – 11 Jan. 2021

Agencia EFE – CorteIDH condena a Perú por violar los derechos de trabajadores – 16 Nov. 2024

NY Law Globalex – The Amparo Context in Latin American Jurisdiction: An Approach to an Empowering Action – Mar. 2023 



IACHR Issues Judgement Against Nicaragua for Violating Political Rights in 2011 Election

By: Jesse Elmer

Impunity Watch News Staff Writer         

 

SAN JOSÉ, Costa Rica – The Inter-American Court of Human Rights ruled that the State of Nicaragua violated political rights, judicial guarantees and judicial protection of Mr. Fabio Gadea Mantilla in the 2011 presidential elections. The IACHR determined that the judicial system of Nicaragua lacked an effective judicial remedy to review decisions.

 
Fabio Gadea Mantilla giving a speech. Photo Courtesy of El País.
 

            Bolivian attorney Jaime Aparicio, one of Mr. Mantilla’s representatives, discussed the importance of the ruling. He commented, “this is one of the first times the court refers to the electoral issue, meaning that it incorporates the protection of the right to be elected in free and transparent elections into human rights violations.”

            This holding follows a year where the Inter-American Court of Human Rights took action on multiple fronts to protect free and fair elections in the Americas. On 30 April 2024, the IACHR released a resolution recognizing election observers as human rights defenders. This resolution mirrored recent statements issued by the UN. The IACHR also issued an extensive report regarding human rights violations in Venezuela following the presidential election of July  2024. Following the election results, the State of Venezuela under President Nicolas Maduro arrested protestors en masse, generating reports of torture and extrajudicial killings.

            The IACHR’s holding came the same week as the President of Nicaragua consolidated power. President Daniel Ortega proposed widespread reform to extend executive control over judicial and legislative duties. Under these reforms, the president would have the authority to order the army to intervene to support the police or take executive branch positions. International commentators from the UN have expressed concern about the appointment of Ortega’s wife as “co-president” and a newfound ability for either co-president to name “vice presidents.” This mechanism could be used to keep the presidency of Nicaragua within the family, strengthening the autocratic regime.   

 

For further information, please see:

IACHR – Judgment Regarding Fabio Gadea Mantilla – 23 Jan. 2025

Confidencial – IACHR Rules Against Nicaragua, Stating That “Indefinite Reelection is not a Human Right” – 27 Jan. 2025

JURIST News – IACHR report highlights extensive human rights violations following Venezuela presidential election – 7 Jan. 2025

Reuters – Nicaragua’s Ortega Expands Power as Reforms Win Final Approval – 30 Jan. 2025

Verfassgungsblog – The Inter-American Commission Recognizes Electoral Observers as Human Rights Defenders – 03 Oct. 2024.

Inter American Commission on Human Rights Files Case Against Nicaragua for the Murder of Journalist and Calls for the Nation to Cease its Pursuit of Human Rights Activists

By: Emma Bissell

Impunity Watch News Staff Writer

 

Nicaragua – The Inter American Commission of Human Rights concluded the State of Nicaragua liable for the murder of journalist Ángel Gahona López while he was covering a protest and urgently calls for their continued human rights violations to cease.

 
Members of the community honor Ángel Gahona López after he was killed while covering a protest. Photo Courtesy of Noticiero El Meridiano.
 

On July 4th, 2024, The Inter-American Commission on Human Rights (The Commission) filed a case with the Inter American Court of Human Rights (IACHR) against Nicaragua concerning the execution of journalist Ángel Gahona López on April 21, 2018. The Commission concluded that the State of Nicaragua is responsible for violating Lopez’s rights to life and freedom of expression and concluded that the State failed to provide evidence to support the use of force against Lopez given the amplified and intense circumstances.

While covering protests against State violence in April 2018, Lopez was fatally shot. Although he did receive medical assistance from nearby civilians, witnesses reported that state officials present at the scene failed to provide any aid, further indicating that this was motivated by the state itself rather than being a random and unfortunate occurrence. Lopez died just a few hours later. The Merits Report indicated that a state agent was responsible for the murder and also indicated that the murder was linked to Lopez’s work as a journalist reporting on anti-government protests.

The Commission ultimately concluded that the State of Nicaragua violated the American Convention on Human Rights’ articles 4.1, 8.1, 13, and 25. These articles pertain to individuals having the right to an impartial hearing, freedom of thought and expression, to have their life respected, and the right to judicial protection.

Two young men were initially convicted of his murder but were released in 2019 under Law 966, which is also known as the amnesty law. This law was passed by the National Assembly of Nicaragua and intended to provide “broad amnesty” to all people who played a role in events throughout the country from April 18th, 2018, until the law entered force. This essentially applied to political crimes, and otherwise related crimes, which is why the two men were released. The Commission previously denounced this law on the grounds that it would exonerate those who committed grave human rights violations.

After finding the State of Nicaragua at fault, the Commission suggested that the State, in response to an array of human rights violations over the last 10 years, undertake reparations such as providing financial compensation to victims of human rights violations, conducting thorough investigations into matters such as Lopez’s death, and implementing protocols to prevent repetition of these ghastly acts.

The death of Ángel Gahona López was not an isolated incident. The State of Nicaragua has committed a lengthy series of human rights violations over the last several years. In fact, the Commission recently published a statement condemning the State for depriving its citizens of basic human rights and imprisoning many of them in appalling conditions. The Commission is not only calling upon the Nicaraguan government to cease its relentless persecution of human rights defenders but has also called upon the international community to provide support to those suffering at the hands of the government.

Unfortunately, as evidenced by the death of Ángel Gahona López, the plight of journalists in Nicaragua and other Central American countries, as well as internationally, is dire. In 2018 alone, there were 95 journalists killed on the job. Lopez’s death not only added to the number of journalists killed worldwide but is just one more example of the many heinous acts committed by the Nicaraguan government over the last decade.

 

For further information, please see:

IACHR – OAS – American Convention on Human Rights – 22 Nov. 1969

IACHR – OAS – Expresses Concern Over the Passing of Amnesty – 12 June 2019

IACHR – OAS – Files Case with IA Court Over Journalists Death and Ongoing Impunity in Nicaragua – 1 Oct. 2019

IACHR – OAS – Condems Grave Human Rights Violations Against People Deprived of Their Freedom in Nicaragua – 9 Oct. 2024

IFJ – In the Shadow of Violence; Journalists and Media Staff Killed in 2018 – 2019

 

 

 

 

ICHR Finds Ecuador Responsible for Violating Whistleblower’s Freedom of Expression

By: Carlos Dominguez Scheid

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights (ICHR) issued a decision on November 27, 2023, with formal notification delivered on March 22, 2024, ruling that Ecuador is responsible for violating the freedom of expression of a whistleblower who reported corruption within the country’s Armed Forces.

 
Julio Rogelio Viteri Ungaretti | Photo courtesy of BBC News.
 

The Court’s judgment emphasizes the critical role of freedom of speech in ensuring transparency and accountability in government operations. It brings to light the significant challenges faced by individuals exposing misconduct, especially within military contexts, and establishes an important precedent for handling similar cases across the region.

The case involves Mr. Julio Rogelio Viteri Ungaretti, who reported suspected corruption within the Armed Forces in 2000, resulting in several sanctions against him. The Court reviewed the effects of corruption on democracy and human rights, emphasizing the necessity for states to create a supportive environment for whistleblowers and individuals engaged in anti-corruption activities.

The Court discussed the responsibility following the exercise of free speech concerning corruption allegations, noting that such cases are of public interest due to their impact on human rights. It affirmed the importance of society’s right to be informed about corruption, making such disclosures a protected form of speech under Article 13 of the American Convention on Human Rights.

The Court stressed that public officials have both the right and duty to report corruption based on reasonable belief and are expected to verify the accuracy of their information as much as possible, without having to confirm its authenticity at the time of reporting. The state is urged to provide adequate channels to facilitate reporting and ensure the protection of whistleblowers, including safeguarding their identity and personal integrity.

Finally, the Court assessed the repercussions of penalizing individuals for exercising their freedom of expression in reporting suspected corruption. It recognized that allegations of corruption involving public officials hold significant public interest and affect human rights, warranting special protection under Article 13 of the Convention. The Court stressed the importance of providing adequate channels for reporting corruption, underscoring the need to facilitate these disclosures and protect those who come forward.

For further information, please see:

Caso Viteri Ungaretti y Otros vs. Ecuador—2022  

Corte Interamericana De Derechos Humanos Caso Viteri Ungaretti Y Otros Vs. Ecuador—27 Nov. 2023

Diplomat Flees To Market Town—26 Nov. 2022

IACHR refers case on Ecuador to the Inter-American Court—16 July 2021