A/65/223
Report of the Special Rapporteur on the situation of human
rights defenders
Summary
The present report focuses on responsibility for human rights violations against
defenders by non-State actors. The introductory part recalls that the Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms is addressed not only to States and human rights defenders but to all
individuals, groups and organs of society.
The first part of the report identifies armed groups, private corporations,
individuals and the media as the categories of non-State actors to be addressed by the
Special Rapporteur in the framework of the report as well as the types of violations
they commit. The Special Rapporteur then addresses the scope of their responsibility
for violations of the rights of defenders, including the corporate responsibility to
respect human rights.
The second part of the report surveys States’ obligations under international
law with respect to human rights violations against defenders by non-State actors.
The Special Rapporteur argues that a State’s duties to respect and protect human
rights include a duty to protect defenders against human rights violations by third
parties. State responsibility can therefore be engaged for violations by non-State
actors in specific situations. Furthermore, a State’s obligation to provide victims of
human rights violations with an effective remedy is also reaffirmed.
The report concludes with recommendations to States and non-State actors
aimed at ensuring that they fulfil their obligations and responsibilities.
Contents
Page
I.
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
II.
Human rights violations by non-State actors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A.
Types of perpetrators and patterns of violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
B.
Responsibility of non-State actors to respect the rights of human rights defenders . . . . .
6
The responsibility of States for human rights violations by non-State actors . . . . . . . . . . . . . . .
8
A.
State responsibility for acts of non-State actors under international law . . . . . . . . . . . . . .
9
B.
Implementing the right to an effective remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Conclusions and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
III.
IV.
2
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