A/HRC/RES/49/18
some instances misused to target human rights defenders, or have hindered their work and
endangered their safety, in contravention of international law,
Mindful that domestic law and administrative provisions and their application should
not hinder but enable the work of human rights defenders, including by avoiding any
criminalization, stigmatization, impediments, discrimination, obstructions or restrictions
thereof contrary to the obligations and commitments of States under international human
rights law,
Reaffirming that exceptional measures taken by Governments in times of emergency
must be necessary, proportionate to the evaluated risk and applied in a non-discriminatory
and transparent way, have a specific focus and time-limited duration, and be in accordance
with the State’s obligations under applicable international law, and recalling that certain
rights are non-derogable,
Acknowledging with concern that the diversion of arms and unregulated or illicit arms
transfers fuel armed conflicts and can have a negative impact on a wide range of human
rights, and negative humanitarian, development and socioeconomic consequences, including
a disproportionate impact in terms of violence perpetrated against women and girls, and
noting the contribution of civil society and human rights defenders in building understanding
about the human rights impact of such arms transfers,
Stressing the need for further action by States and non-State actors to promote a safe
and enabling environment for human rights defenders and their protection, taking into
account their diversity and the diverse contexts in which they operate,
Recognizing the need for protection and support mechanisms in conflict and postconflict situations, including for human rights defenders, taking into account the systemic
protection gaps and the negative impact of the conditions in which they operate, including
exposure to conflict-related trauma, and the intersectional dimensions of violations against
women human rights defenders, youth, indigenous peoples, persons belonging to rural and
marginalized communities, persons with disabilities, people of African descent and persons
belonging to minorities, and to take concrete steps to prevent and stop the use of legislation
that would hinder or limit unduly the ability of human rights defenders to exercise their work,
Recognizing also that the protection of human rights defenders can be fully achieved
only in the context of a holistic approach that includes the strengthening of democratic
institutions, safeguarding civic space, the fight against impunity, ending gender and
economic inequality and social exclusion, and equal access to justice,
1.
Stresses that the right of everyone, individually or in association with others,
to promote and strive for the protection and realizations of all human rights and fundamental
freedoms, as enshrined in the Declaration on Human Rights Defenders, without retaliation or
fear thereof, including in conflict and post-conflict situations, is essential in building and
maintaining inclusive, peaceful and democratic societies;
2.
Also stresses the positive, important and legitimate role of human rights
defenders, including women human rights defenders, in promoting and protecting human
rights, strengthening understanding, tolerance and peace, and contributing to conflict
prevention and resolution and post-conflict reconstruction, and urges States to create and
support a safe, enabling, accessible and inclusive environment online and offline for their
participation in all relevant activities;
3.
Strongly condemns the violence against and the criminalization, intimidation,
attacks, torture, enforced disappearance, killing of and all other human rights violations or
abuses against human rights defenders, including women, environmental and indigenous
human rights defenders, by State and non-State actors, and stresses the need to combat
impunity by ensuring that those responsible for violations and abuses against human rights
defenders, or against their legal representatives, associates and family members, are promptly
brought to justice through impartial investigations, and underlines that ensuring
accountability is a key element in preventing future attacks;
3