All people should have the right to share their thoughts and opinions, even those that might not be in agreement with in their government. After all, exercising freedom of expression is a hallmark of living in an open and fair society. However, governments around the world continue to punish people for speaking out.
While it’s true that governments do have a responsibility to curb hateful or inciting speech, silencing peaceful dissent by criminalizing freedom of expression takes things too far and goes against basic human rights. Organizations such as Amnesty International and the UN Human Rights Council have growing concerns about this issue.
For example, the government of the small island nation of Vanuatu off the coast of Australia has criminalized certain acts of freedom of expression under the Cybercrime Act No. 22 of 2021, as well as criminal defamation provisions in their Penal Code Act. Both measures could be used to silence the media as well as critics of the government.
As part of its Universal Periodic Review (UPR), the UN received recommendations to protect the rights of freedom of speech, expression, and the press in order to allow citizens and members of the media to exercise their right of freedom of expression. Prior to the UPR, there were instances where elected officials reportedly threatened journalists for critical reporting, and the government was also enforcing criminal libel laws which limited freedom of expression.
In fact, in 2022, a number of individuals were arrested under the Cybercrime Act for posting comments on social media in which they criticized politicians during the COVID-19 outbreak.
There have also been concerns about the rights surrounding freedom of information in Vanuatu though, in 2016, the country adopted the Right to Information Act, appointing an Information Commissioner to hear, investigate, and rule on appeals filed under the Act and also monitor compliance by government agencies with the Act. However, budgetary concerns for the Right to Information Unit, compounded with the lack of an appointee to this position, still pose a valid concern.
On June 10th, 2024, further concerns over Vanuatu’s restrictive laws arose when members of the Vanuatu Teachers Union (VTU) went on strike, demanding that their budget be managed by their employer, the Teaching Service Commission, rather than the Director General (DG) of the Ministry of Education and Training.
However, the DG of Education stated that the strike constituted a “contempt of court”, stating that those involved in the strike would be dealt with according to the law. This threat does not align with Vanuatu’s human right’s obligations that protect the right to strike—obligations that are guaranteed under Article 22 of the International Covenant on Civil and Political Rights.
The teachers’ strike was called off on June 19th, 2024 when an agreement was reached with the government. However, the union recalled the action after negotiations failed to resolve the dispute. The teachers’ union intends to take legal action against the Teaching Service Commission’s decision to suspend some school principals without pay due to the ongoing strike.
The acts of Vanuatu’s government are concerning and a definite threat to human rights. Unfortunately, they are not the only government to do such things though. Ensuring freedom of speech for all people will no doubt be an ongoing struggle, but it is one worth fighting for.