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Violations committed against defenders by non-State actors 2010, para. 45
- Paragraph text
- This right to an effective remedy is reflected in other human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Article 2(3) of the latter provides that States parties should ensure that "any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity". It further states that States parties should ensure that "any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy". This obligation includes providing defenders with reparations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 35
- Paragraph text
- In certain States, judges and lawyers are working under constant threat, which may jeopardize their independence. Prosecutors sometimes resort to inadmissible evidence to initiate proceedings against defenders, thus compromising their right to a fair trial. In several countries, the relevant authorities still resort to secret, incriminating evidence to arrest and administratively detain human rights defenders without charges for prolonged periods of time. Such evidence is reportedly often obtained by the security services and not shared with detainees or their lawyers. The Special Rapporteur would like to recall that, although not prohibited under international law, administrative detention should be surrounded by judicial guarantees and used only in exceptional and specific circumstances, such as a public emergency threatening the life of a nation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 36
- Paragraph text
- States should refrain from criminalizing the peaceful and legitimate activities of defenders and ensure that they can work in a safe environment without fear of being prosecuted for criticizing Government policy or Government officials. The Special Rapporteur also urges States to review and abolish all legislative and administrative provisions restricting the rights contained in the Declaration on Human Rights Defenders, including legislation on NGOs and freedom of expression. Security legislation should not be used inappropriately to restrict the work of defenders. States should respect defenders' right to a fair trial and appropriate redress and compensation should be provided to defenders whenever their right to a fair trial is denied.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 37
- Paragraph text
- The Special Rapporteur wishes to call upon NGOs and regional human rights organizations to continue supporting defenders by providing them with legal assistance and/or judicial trial observation. To avoid jeopardizing their own security, human rights defenders should try to liaise with intergovernmental organizations such as OSCE and the OHCHR field presences whenever they decide to engage on such trial observations. Some recommendations on the way defenders could try to enhance their own security are detailed below.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 39
- Paragraph text
- Individuals acting on their own or as part of groups, whether in collusion with States or not, have been increasingly involved in attacks on human rights defenders. Guerillas, private militias, vigilante groups and armed groups have been implicated in violence against defenders, including beatings, killings and various acts of intimidation. Private companies have also been directly or indirectly involved in acts of violence against defenders. In this regard, the Special Rapporteur would particularly like to underline the situation of defenders working on economic, social and cultural rights, who are increasingly vulnerable, since their work is not always recognized as human rights work.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 62
- Paragraph text
- The obligations of the State are outlined in articles 2, 9, 12, 14 and 15 of the Declaration on Human Rights Defenders. In particular, pursuant to article 12 of the Declaration, States have the obligation to protect defenders. Article 12 of the Declaration provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 17
- Paragraph text
- A number of cases brought to the attention of the Special Rapporteur indicate that the media are also involved in violations committed against human rights defenders, notably in relation to violations of their right to privacy. In certain States, human rights defenders have been subjected to denigration campaigns in the press (although sometimes the perpetrators were State-owned outlets). The Special Rapporteur strongly condemns such stigmatization, which often causes defenders to be portrayed as "troublemakers" and consequently legitimizes attacks against them.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 29
- Paragraph text
- States should refrain from portraying human rights defenders and their activities as dangerous, illegal or a threat to the security of the State. Their important role and efforts in the promotion, protection and the full enjoyment of human rights by all should instead be praised. The Special Rapporteur would like to recall the primary importance of acknowledging the work and role of groups, organs or individuals in the promotion and protection of human rights and fundamental freedoms. This is the first step towards a safe working environment for defenders. By adopting the Declaration on Human Rights Defenders, States have committed themselves to recognizing their valuable role in the elimination of human rights violations and should therefore act accordingly at the national level.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 30
- Paragraph text
- Certain countries have taken action in this regard, which should be commended. The Special Rapporteur notes with satisfaction the public statement by the President of Colombia on 17 September 2009 after his meeting with the Special Rapporteur to the effect that "the defence of human rights is a necessary and legitimate action for democracy in a country like Colombia which is proud to be completely open to international scrutiny in this field" and she calls upon the authorities to give effect to this statement. In Belgium, both the Senate and the Chamber of Representatives adopted resolutions on the protection of human rights defenders, acknowledging the role of defenders and their need of protection. The resolutions also establish clear goals to be achieved by the Belgian authorities. Similarly, the Spanish Congress unanimously passed a resolution on human rights defenders in June 2007.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 32
- Paragraph text
- Communications issued by the Special Rapporteur indicate that the criminalization of human rights defenders' activities by States' authorities has not decreased. Some States tend to systematically invoke national security and public safety to restrict the scope of activities of defenders. In many countries, trade unionists, members of NGOs and social movements face repeated arrests and criminal proceedings for charges of "forming criminal gangs", "obstructing public roads", "inciting crime", "creating civil disobedience" or "threatening the State security, public safety or the protection of health or morals". Moreover, human rights defenders, including defence lawyers, providing legal assistance to other defenders or victims of human rights violations are threatened, denied access to courthouses and their clients, and arrested and charged under various criminal provisions. The multitude of arrests and detentions of defenders also contributes to their stigmatization, since they are depicted and perceived as troublemakers by the population.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 72
- Paragraph text
- In Argentina, a witness protection programme was reportedly created by resolution 439/07 of the Ministry of Justice, Security and Human Rights, which is used upon request of judicial authorities in federal investigations into kidnapping, terrorist acts or drug-trafficking offences. In exceptional cases, the Ministry of Justice, Security and Human Rights can include other cases, for example, those related to organized crime. Up to 4,360 people in the country have reportedly benefited from this programme. The programme offers the possibility of relocation, change of identity and protection, inter alia.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 74
- Paragraph text
- Moreover, according to the information received by the Special Rapporteur, many witness protection programmes do not take the specific needs of the human rights defenders at risk into account. These needs are diverse and may differ according to the situation of the defenders concerned. For example, it might be useful to differentiate defenders in need of short-term physical protection from those requiring long-term protection measures. Assessing the types of needs will have an impact on the protection measures to be taken, e.g., the type of protection programme or whether relocation to another country is needed.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 77
- Paragraph text
- In Guatemala, several initiatives have been set up to ensure the protection of human rights defenders. A coordination department for the protection of human rights defenders, administrators, judicial officers, journalists and social communicators has been created. A human rights unit was also established within the police and includes specialized investigative units for crimes against justice officials, human rights activists, unionists and journalists. Another encouraging development was the creation of a unit to analyse attacks against human rights defenders. A national policy for the prevention and protection of human rights defenders and other vulnerable groups was drafted in 2007 by the Presidential Human Rights Commission, but has yet to be approved.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
On the Declaration on human rights defenders 2011, para. 9
- Paragraph text
- The State's duty to protect the rights of defenders from violations committed by States and non-State actors is derived from each State's primary responsibility and duty to protect all human rights, as enshrined in article 2 of the International Covenant on Civil and Political Rights, which establishes the obligation of States to guarantee all individuals within their territories and subject to their jurisdiction the rights recognized in the Covenant without discrimination. The Declaration on Human Rights Defenders establishes the State's duty to protect human rights defenders in the preamble to the Declaration as well as in its articles 2, 9 and 12.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 26
- Paragraph text
- Restrictions imposed on the right to freedom of assembly have been broadly applied to prohibit or disrupt peaceful human rights assemblies, frequently on the pretext of the need to maintain public order and relying on counter-terrorism legislation, arguments and mechanisms. The mandate holder has identified the following trends as violations of the right to freedom of assembly: (a) use of excessive force against defenders during assemblies; (b) arrest and detention of defenders while exercising their right to assemble or to prevent them from taking part in demonstrations; (c) threats against defenders and members of their families prior to, during or after their participation in a peaceful assembly; (d) judicial harassment and prosecution of defenders; (e) travel restrictions imposed on defenders to prevent them from participating in assemblies outside their country of residence; and (f) restrictions imposed through legislative and administrative measures.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Families
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 18a
- Paragraph text
- [Specific situations impeding the work of human rights defenders and leading to a highly insecure environment include:] The stigmatization to which both women defenders and their male counterparts are subjected in certain contexts, including accusations of being fronts for guerrilla movements, terrorists, political extremists, separatists, or working on behalf of foreign countries or their interests. Also, women defenders often face further stigmatization by virtue of their sex or the gender-based rights they advocate;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 18c
- Paragraph text
- [Specific situations impeding the work of human rights defenders and leading to a highly insecure environment include:] Attacks by non-State actors and a climate of impunity. Non-State actors have been increasingly involved in attacks on human rights defenders. Guerrillas, private militias, vigilante groups and armed groups have been implicated in violence against defenders, including beatings, killings and various acts of intimidation. Private companies have also been directly or indirectly involved in acts of violence against defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 46a
- Paragraph text
- [The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has emphasized that restrictions on the following dimensions of the right to freedom of expression are not permissible:] Discussion of Government policies and political debate; reporting on human rights, Government activities and corruption in government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 22
- Paragraph text
- The right to meet or assemble peacefully applies to every man and woman acting to promote and protect human rights, providing they accept and apply the principles of universality and non-violence. As women's inequality in the enjoyment of rights is rooted in "tradition, history and culture, including religious attitudes", States should ensure that these attitudes are not used to justify violations of women's right to equality before the law and to equal enjoyment of all rights,2 including the right to freedom of assembly.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 24
- Paragraph text
- Human rights defenders must exercise these activities peacefully in order to be protected under the Declaration. The Special Rapporteur is concerned about the frequent excessive use of force by State agents in responding to situations involving freedom of assembly, which in some instances has provoked violent reactions from otherwise peaceful assemblies. Such behaviour clearly contravenes the Declaration and makes the State accountable for provocations that result in violence. Under the Declaration defenders are entitled to effective protection under national law against actions committed by the State that result in human rights violations. The Declaration also provides defenders with protection when protesting against violent acts of other groups or individuals. Consequently, the protection afforded in the Declaration covers violations committed by both State and non-State actors.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 31
- Paragraph text
- There are both negative and positive obligations on States arising from the right to freedom of association, including the obligation to prevent violations of this right, to protect those exercising this right and to investigate violations of this right. Given the importance of the role that human rights defenders play in democratic societies, the free and full exercise of this right places a duty on States to create legal and real conditions in which defenders can freely carry out their activities. Also, although associations are required to have some kind of institutional structure, they do not need to assume a legal personality to operate and de facto associations are equally protected under the Declaration.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 32a
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be provided by law - that is through an act of Parliament or an equivalent unwritten norm of common law. Limitations are not permissible if introduced through Government decrees or other similar administrative orders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 32b
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be necessary in a democratic society. The State must demonstrate that the limitations are necessary to prevent a real threat to national security or the democratic order and that other less invasive measures are not adequate to achieve this purpose;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
Paragraph
Security and protection of human rights defenders 2010, para. 109
- Paragraph text
- The Special Rapporteur commends the work of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo, in particular the Protection Unit, which ran the programme for the protection of victims, witnesses and human rights defenders, funded by the European Union, until its closure in March 2009. The programme was then absorbed by United Nations Organization Mission in the Democratic Republic of the Congo into the work of the Protection Unit. Since the inception of the programme in June 2007, the Protection Unit has assisted 487 victims, witnesses and defenders in 11 provinces. Other United Nations peacekeeping missions should draw upon this example, and the Special Rapporteur strongly encourages them to replicate this protection programme.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 34
- Paragraph text
- The data used and trends identified herein are necessarily partial as they are based on the allegations received and acted upon by the mandate as well as on the information provided in the replies to the questionnaires received, thus it does not represent the full reality of the situation of women defenders and those working on women's rights or gender issues worldwide. Furthermore, it is acknowledged that some of the communications have been responded to by Governments. While the Special Rapporteur wishes to thank those Governments who replied to the communications sent, she remains concerned regarding the allegations referred to in this report, including in cases wherein the facts may have been disputed.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 37
- Paragraph text
- A large number of communications sent during the period (196) concerned alleged violations against defenders, including males, working on women's rights or gender issues, including lesbian, gay, bisexual and transsexual issues (LGBT). This group is thoroughly heterogeneous, including women and men carrying out a vast range of activities related to women's rights, including those working on issues related to sexual and reproductive rights; organizations dealing with violence against women, rehabilitation and impunity related to violence, rape and sexual violence, women's shelters caring for victims of the above; and journalists and bloggers writing on women's rights issues.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 38
- Paragraph text
- The largest number of communications sent (72) concerning defenders working on women's rights and gender-related issues was sent to countries in the Asian region, most notably to the Islamic Republic of Iran (31 communications); China (10 communications); Nepal (eight communications), and Pakistan (six communications). In this region, the alleged violations against women defenders and those working on women's rights and gender issues were mostly judicial by nature, including arrests, judicial harassment, administrative detentions, and sentences to prison. However, violations by non-State actors were also alleged, including intimidation, attacks, death threats, and killings by armed individuals, family and community members, and unidentified individuals.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 40
- Paragraph text
- A smaller number of communications regarding defenders working on these issues (33) were sent to countries in sub-Saharan Africa. The largest number of these concerned defenders in Zimbabwe. Alleged violations of a judicial nature were reported against defenders working on these issues in the Sudan and Uganda (particularly with regard to LGBT defenders). Communications were also sent to the Central African Republic and the Democratic Republic of the Congo where women's rights defenders faced risks such as attacks, raids, death threats, attempted rape, and sexual violence.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 78
- Paragraph text
- The Special Rapporteur remains concerned that more than a decade after the adoption of the Declaration on Human Rights Defenders, although some progress has been made, many countries continue to pass laws and regulations that restrict the space for human rights activities and that are incompatible with international standards and with the Declaration in particular. Even where efforts are made to adopt laws that are in line with international standards, their ineffective implementation often remains a problem.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 97d
- Paragraph text
- [Regarding registration laws and procedures, the Special Rapporteur recommends that:] In the event of the adoption of a new law concerning civil society organizations, all previously registered non-governmental organizations be considered as continuing to operate legally and be provided with fast track procedures to update their registration. Unless a new law is adopted, existing laws governing the registration of civil society organizations should not require that organizations re-register periodically;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph