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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
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
Violations committed against defenders by non-State actors 2010, para. 72
- Paragraph text
- [The Special Rapporteur would like to make the following recommendations.] [To States] Promote the role and activities of human rights defenders.
- 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. 26
- Paragraph text
- Since the beginning of her mandate, the Special Rapporteur has identified specific situations impeding the work of human rights defenders and leading to a highly insecure environment.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 114c
- Paragraph text
- [Furthermore, the Special Rapporteur:] Encourages national human rights institutions to: Investigate complaints made by human rights defenders
- 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. 38
- Paragraph text
- These past few years, the safety of defenders has been increasingly threatened by a growing number of non-State actors in a climate of impunity.
- 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
Violations committed against defenders by non-State actors 2010, para. 30
- Paragraph text
- The State's duty to protect the rights of defenders from violations committed by 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 to all individuals within their territories and subject to their jurisdiction the rights recognized in the Covenant without discrimination.
- 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
Violations committed against defenders by non-State actors 2010, para. 39
- Paragraph text
- This duty should also be reflected in any existing guidelines on human rights defenders. For example, the objective of the European Union of influencing third countries to carry out their obligations to respect the rights of human rights defenders and to protect them from attacks and threats from non-State actors should be accompanied, as a corollary, with the objective of influencing companies within their jurisdictions to respect the rights of human rights defenders.
- 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
Violations committed against defenders by non-State actors 2010, para. 49
- Paragraph text
- As mentioned by the Special Rapporteur on previous occasions, national human rights institutions could play a leading role whenever States' judicial systems are unable or unwilling to adjudicate on alleged violations against defenders. The Special Rapporteur would like to stress the important role that independent and effective national human rights institutions could play in handling complaints against non-State actors, including private corporations.
- 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. 49
- Paragraph text
- The Special Rapporteur is deeply concerned about the continuing denigration campaigns and the violent threats against defenders of lesbian, gay, bisexual and transgender rights. The right to peaceful assembly is also often denied to defenders working on lesbian, gay, bisexual and transgender issues or, alternatively, the police does not provide adequate protection for such demonstrations. Complaints related to violence and attacks are often not taken seriously by the police and are not always investigated properly.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 113e
- Paragraph text
- [The Special Rapporteur would like to recommend to States the following minimum guidelines regarding protection programmes for human rights defenders:] Specific trainings on human rights, gender issues and on the Declaration on Human Rights Defenders should be a prerequisite for the selection of police and other law enforcement officials that would be involved in the programme;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 6
- Paragraph text
- During times of armed conflict or states of emergency, human rights defenders are at great risk of being targeted by non-State armed groups. Defenders denouncing impunity and violations committed by armed groups are harassed and, consequently, work in a state of fear. In particular, their mental and physical integrity is at risk, as they often live in regions under the control of non-State armed groups or wherein these groups operate. In addition to being threatened and harassed by militias, warlords and other armed groups, women human rights defenders are, in addition, often subjected to rape and other forms of sexual violence because of their work. Human rights defenders helping victims to access justice for violations of human rights law or international humanitarian law, either locally or before regional or international tribunals such as the International Criminal Court, are also regularly subjected to threats, violence and harassment. In particular, the Special Rapporteur has received information about lawyers receiving death threats because of their work in defence of victims of international crimes. Humanitarian workers are also targeted by non-State armed groups and thus prevented from providing humanitarian assistance to victims of armed conflicts. Furthermore, in the context of civil conflict, paramilitaries often attempt to stigmatize the work of human rights defenders and legitimize campaigns of violence against them by alleging that they are associated with armed groups or "terrorists". In such cases, it is vital that the Government publicly reaffirm the importance of the work carried out by human rights defenders and denounce any attempts at its delegitimization or stigmatization.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 12
- Paragraph text
- The former Special Representative had received information on numerous instances in which "employers collude among themselves and with the local labour department and immigration authorities against workers who raise labour rights concerns" (E/CN.4/2004/94/Add.1, paras. 61-69). Private companies have also reportedly provided information to the State leading to the conviction of several defenders who had been calling for democratic reforms through the Internet. In one particular case, a Web-search engine company was sued by defenders for reportedly having aided and abetted State violations against them. A private settlement was agreed upon by the parties, but new lawsuits have since been filed against the same company by different plaintiffs.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 16
- Paragraph text
- In addition, the information received indicates that community leaders and faith-based groups are increasingly resorting to the stigmatization of, and attacks against, defenders working on issues such as the rights of lesbian, gay, bisexual and transgender persons (A/HRC/4/37/Add.2, para. 32), violence against women and domestic violence. In numerous instances, defenders have been threatened with ostracism or pressured to stop their work in defence of human rights. Furthermore, the information received shows that women human rights defenders working in the area of domestic violence and other types of violence against women are often pressured by the family members of victims or threatened by the perpetrators or their own family members to drop cases.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Families
- LGBTQI+
- Women
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 63
- Paragraph text
- States should harmonize their domestic laws with the Declaration on Human Rights Defenders. To enhance the protection of defenders and ensure that the rights and freedoms referred to in the Declaration are guaranteed, it is paramount that States review their national laws and abolish legal or administrative provisions impeding the work and activities of defenders. The Special Rapporteur welcomes the resolutions adopted by several parliaments acknowledging the role and status of human rights defenders. At the end of her country visit to the Democratic Republic of the Congo in June 2009, she welcomed the recent attempt by the Parliament of the South Kivu province to adopt a law on the protection of human rights defenders, and called on provincial parliamentarians to adopt a revised text in the near future, in close consultation with civil society and the United Nations.
- 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. 66
- Paragraph text
- One of the issues contributing to the lack of an adequately secure and enabling environment for defenders is the insufficient awareness of the Declaration on Human Rights Defenders. Too many defenders are still unaware that their activities constitute human rights work. This is particularly true of defenders working in the field of economic, social and cultural rights. It is therefore also important to foster the dissemination of the Declaration and ensure it becomes a working, reference tool. In that connection, the Special Rapporteur has decided to develop a commentary to the Declaration, which should be published in the course of 2010.
- 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. 69
- Paragraph text
- Since the adoption of the Declaration on Human Rights, many intergovernmental and non-governmental regional mechanisms for the protection of defenders have been created and declarations and resolutions adopted. Despite the increase in organizations and instruments specifically aiming at their protection, defenders continue to pay a high price for their human rights activities. Some 11 years after the adoption of the Declaration on Human Rights Defenders, the Special Rapporteur has found that there was a need to review and assess protection programmes put in place to ensure the physical and psychological integrity of defenders from attacks and threats. The Special Rapporteur hopes that this will shed light on the urgency of the situation and the need for States and non-State actors to move towards efficient responses to physically protect defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 70
- Paragraph text
- The acknowledgement of good practices and shortcomings of existing national protection programmes could pave the way to better protection and enable the Special Rapporteur to revisit her protection strategy. The Special Rapporteur believes that greater awareness of good practices in the area of protection will encourage replication. The protection mechanisms cited below are by no means perfect, but States should draw upon these examples to create, develop or improve strategies and programmes for the physical protection of defenders in their respective countries.
- 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
- 2010
Paragraph