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E
s s a y b y J a m e s M c C l a t c
h y
The
Inter American Press Association offers in this book the most revealing
and complete examination of laws affecting the most fundamental
cornerstone of democracy in Latin America ? the right of free speech
and free expression. For
the first time a compilation ? a list ? of the laws limiting these
rights in these countries has been assembled, country by country. To
make crystal clear the extent of restrictions these laws impose
on a free press, and therefore on democracy, the local laws of each
country described in this compendium will be compared to the principles
of the Declaration of Chapultepec soon to be published. With
increasing public awareness of the Declaration, we trust legislators
and public officials will use this information as their guide in
drafting legislation to cancel anti-press laws and strengthen the
principles of a free press. Yet
we are not naive. The opposition
to a free press as the voice of democratic beliefs is historic,
brutal and powerful. This
opposition will be unrelenting, in all sorts of direct and indirect
ways, including murder ? the most basic way of crippling a free
press. These practices are
deeply ingrained and it will take years before changes occur. However,
as democratic forces have dislodged most authoritarian regimes,
we clearly see movements to strengthen the Free Press concept. The
fact that 27 presidents or prime ministers in the hemisphere have
endorsed and signed the Declaration, as well as countless other
public figures, is a very clear sign of this growing acceptance. We
know, of course, that some of them weren?t very eager to sign, but
they did, having read the political winds. Many
members of IAPA over many years have courageously defended free
speech at great personal sacrifice.
This compilation will be a new tool we can use in building
support for a free press. The
Declaration of Chapultepec arose from a question posed informally
within IAPA ? why don?t we create a declaration of free speech ?
a document that belongs to everybody, not a government document,
but a statement of principles written by private citizens? We
answered the question by inviting 135 leading private citizens,
editors, philosopher and Nobel prize winner, Octavio Paz, law school
deans, free speech lawyers, writers, former judges and others with
public service backgrounds. From all over the Western Hemisphere,
to meet in the Chapultepec Castle in Mexico City.
Over two days this group wrote a statement containing ten
basic elements of free speech, which we naturally enough called
the Declaration of Chapultepec. This occurred March 11, 1994. We
were fortunate that Javier Perez de Cuellar, former Director General
of the United Nations, accepted our invitation to be chairman of
the gathering. His wisdom and leadership brought us through
some difficult moments, and his participation was a key element
in our success. This
extraordinary document is being recognized, it?s taking root. The Declaration is being cited in public life,
in discussions of human rights and democracy. Distinguished personalities such as the Secretary General of UNESCO,
Federico Mayor, have signed it.
It is developing a life of it?s own. The
audacity of the Declaration probably is one reason it is attracting
attention. It knows no frontiers
or boundaries because it belongs to nobody.
It reaches over governments
to individuals, and private organizations, to citizens everywhere. No government can amend it or take it away
because it belongs to everybody, and to nobody. It
offers hope that a document in the public domain specifying the
principles of free speech will strengthen citizens demands for just
societies. We
want its benefits to become part of the fabric of ordinary public
life, a major force in supporting democracy in this hemisphere. By
expressing the desire of untold millions of people to be able to
speak their minds, write their opinions and report on public affairs
without fear of punishment, the Declaration belongs to these untold
millions. This
declaration can be the glue that binds Free Speech supporters everywhere
into one powerful Western Hemisphere force.
To be successful this effort must continue for a long time. We invite all organizations and persons who
want to strengthen democratic societies to support the Declaration
of Chapultepec.
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