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Violations committed against defenders by non-State actors 2010, para. 4
- Paragraph text
- The present report does not aim to identify all categories of non-State actors involved in human rights abuses against defenders, as this group is too broad and diverse. Rather, it is the intent of the Special Rapporteur to highlight the types of violations they commit and their responsibilities. The report will therefore focus on armed groups, private corporations, individuals and the media, as these are the non State actors most regularly accused of violating the rights of defenders. Conclusions and recommendations are addressed to various stakeholders, as well as to all non State actors, including those not discussed in the report.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 21
- Paragraph text
- At the outset, the Special Rapporteur would like to recall that non-State actors, including private companies, have an obligation to comply with national laws in conformity with international standards and norms. Consequently, non-State actors can be held accountable for violations of the rights of defenders amounting to offences or crimes under national law. In addition, the Human Rights Council, in its resolution 12/2, condemns "all acts of intimidation or reprisal by non-State actors against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights".
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 22
- Paragraph text
- The Declaration reaffirms the responsibility of everyone not to violate the rights of others, encompassing the responsibility of non-State actors to respect the rights of human rights defenders. This is reflected in the preamble as well as in articles 11, 12.3 and 19 of the Declaration. This responsibility to respect human rights, including the rights of defenders, means that non-State actors should at all times refrain from curtailing the enjoyment of human rights by defenders. In other words, all non-State actors, including armed groups, the media, faith-based groups, communities, companies and individuals should refrain from taking any measures that would result in preventing defenders from exercising their rights. On the contrary, non-State actors can, and should, play a preventive role by promoting the Declaration as well as the rights and activities of human rights defenders. All individuals, groups and organs of society should contribute to the effective promotion, protection and implementation of human rights.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 23
- Paragraph text
- In relation to private national or transnational corporations, the Special Rapporteur refers to the responsibility of companies to respect human rights, as emphasized by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, Mr. John Ruggie, in his report to the Human Rights Council (A/HRC/8/5), submitted in 2008. The Human Rights Council endorsed the Special Representative's policy framework for business and human rights, as elaborated in his report. The framework rests on the three principles of "protect, respect and remedy": the State duty to protect against human rights abuses by third parties, including businesses; the corporate responsibility to respect human rights; and the need for more effective access to remedies. The Human Rights Council later emphasized that transnational corporations and other business enterprises have a responsibility to respect human rights (see Human Rights Council resolution 8/7). Consequently, business enterprises also have a responsibility 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)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 24
- Paragraph text
- The corporate responsibility to respect human rights (see A/HRC/14/27, paras. 54-78) is recognized in soft-law instruments such as the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy and the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises, and it constitutes one of the commitments that companies undertake when joining the United Nations Global Compact. The corporate responsibility to respect notably applies to the rights enshrined in the International Bill of Human Rights. Therefore, the rights enshrined in the Declaration on human rights defenders, such as the right to security and liberty, freedom of association and freedom of opinion and expression, including access to information, must be respected by companies, whether national or transnational. Examples of alleged violations of those rights by companies are provided above.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 25
- Paragraph text
- The Special Representative also stated that discharging the responsibility to respect human rights required due diligence. This concept, which is derived from, but should be distinguished from, a State's due diligence responsibility, should be understood to mean that companies must ensure that their activities do not infringe upon the rights of others, including human rights defenders. This implies that companies should identify and prevent human rights violations against defenders that may result from their activities and operations. The Special Rapporteur would like to call upon companies to engage with human rights defenders while implementing the four components of the human rights due diligence standard, as elaborated by the Special Representative of the Secretary-General on business and human rights.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 26
- Paragraph text
- In addition, companies should envisage incorporating a reference to the Declaration on human rights defenders into their corporate social responsibility and/or human rights policies. Transnational corporations should also systematically consider involving human rights defenders in their country assessment prior to undertaking any investment in a given State. Early and transparent discussions on the consequences of the activities of companies on the enjoyment of human rights in their areas of operation could prevent violations of the human rights of populations, communities and defenders. Such a participatory process would also contribute to an acknowledgment of the key role of defenders in the promotion of human rights, democracy and good governance. Transnational companies could also play a key role in influencing their national parent companies and overseas subsidiaries to adopt the same approach.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 29
- Paragraph text
- Indeed, States are primarily responsible for the protection of human rights defenders and their rights, and the Special Rapporteur would like to recall that they should improve or develop specific protection programmes for defenders. In this connection, the Special Rapporteur would like to refer to the previous recommendations in that regard (see A/HRC/13/22). In the context of human rights violations by third parties, the obligation to protect, first, involves ensuring that defenders do not suffer from violations of their rights by non-State actors. Failure to protect could, in particular circumstances, engage the State's responsibility. Secondly, States should provide defenders victims of human rights violations with an effective remedy. To that end, all violations of the rights of defenders should be investigated promptly and impartially and perpetrators prosecuted. Fighting impunity for violations committed against defenders is crucial in order to enable defenders to work in a safe and conducive environment.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 31
- Paragraph text
- As the Declaration on human rights defenders contains a series of principles and rights that are based on human rights standards enshrined in other legally binding international instruments such as the International Covenant on Civil and Political Rights, the State's duty to protect all human rights includes the protection of the rights of human rights defenders. Thus, for instance, the right to life, the right to privacy, and the rights to freedom of association and expression should be protected from violations not only by State agents, but also by private persons or entities. This duty, which should apply at all times, is provided for 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 33
- Paragraph text
- In a recent case involving a transnational mining company, the Inter-American Commission on Human Rights requested that the concerned State suspend operation of a gold mine owned by a transnational corporation until the adoption of a decision on the merits of the petition associated with the request for precautionary measures. The State was also requested to adopt any other necessary measures to guarantee the life and physical safety of the members of the indigenous communities concerned and to plan and implement protection measures with the participation of the beneficiaries and/or their representatives, who should also be considered human rights defenders. Despite the decision granting precautionary measures, leaders of the communities peacefully protesting against the perceived negative effect of the mining on, notably, their right to water have been threatened and attacked.
- 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
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 34
- Paragraph text
- The principle of due diligence, as first articulated by the Inter-American Court of Human Rights in the case of Velásquez-Rodríguez v. Honduras, provides a way to assess whether the State has acted in fulfilment of its human rights obligations. In relation to the Declaration, States should act with due diligence to prevent, investigate and punish any violation of the rights enshrined in the Declaration. In other words, States should prevent violations of the rights of defenders under their jurisdiction by taking legal, judicial, administrative and all other measures to ensure the full enjoyment by defenders of their rights; investigating alleged violations; prosecuting alleged perpetrators; and providing defenders with remedies and reparation.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 35
- Paragraph text
- Examples of actions or omissions contravening the State duty of due diligence include failure to provide effective protection to defenders at risk who have documented attacks and threats by non-State actors or who have been granted interim protection measures by regional human rights mechanisms. In relation to the above-mentioned case,9 despite the precautionary measures granted by the Inter-American Commission on Human Rights to the leaders of certain communities, information received by the Special Rapporteur indicates that violence against defenders continues. One of the community leaders of the movement against the mine was shot by unidentified men in July 2010. Failure to prevent violations of the rights of defenders may also include the removal of protection measures without due justification when the original threat is still present and the failure to investigate recurrent attacks and alleged violations against 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 36
- Paragraph text
- Whenever States have not taken preventive measures, or when such measures have not proved sufficient to prevent the commission of violations of the rights of defenders by non-State actors, the State should carry out prompt, impartial and thorough investigations, prosecute the alleged perpetrators and provide the victim with reparations. Failure to take proper steps to investigate the alleged violations and to prosecute and try the perpetrator contravenes the principle of due diligence. It is of paramount importance that, in discharging this duty, States act in good faith.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 40
- Paragraph text
- International law on State responsibility could apply to violations of the fundamental rights of defenders committed by certain categories of non-State actors under particular circumstances. For example, pursuant to the draft articles on Responsibility of States for Internationally Wrongful Acts, States may be held internationally responsible for violations of the rights of defenders, even though committed by non-State actors. Accountability, however, must be determined on a case-by-case basis. The Special Rapporteur would like to emphasize one instance in particular.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 41
- Paragraph text
- Pursuant to article 8 of the draft articles on State responsibility, acts and omissions committed by non-State actors under the instructions, control or direction of the State can, under certain circumstances, give rise to State responsibility. One example of a situation might be the case of a State creating or equipping armed groups, such as paramilitaries or armed bands, and instructing them to attack human rights defenders. In this instance, paramilitaries could be considered de facto State organs, and the commission of acts in breach of international law against defenders could be attributed to the State.
- 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 43
- Paragraph text
- Information received by the Special Rapporteur shows that in many instances, complaints by defenders about alleged violations of their rights are either never investigated or dismissed without justification. In certain cases involving threats received by text message, for example, the telephone numbers of the senders (when known) have been transmitted to the police for further investigation. The information provided shows that in most cases, no proper investigation was carried out by the police. Furthermore, in certain States affected by internal conflict, impunity has been unchecked with regard to cases of rape and the use of sexual and other forms of violence against women. Consequently, the State's unwillingness to investigate violations committed by non-State actors is seen as granting those responsible free rein further to attack defenders with total impunity.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 44
- Paragraph text
- Pursuant to article 9 of the Declaration, everyone has the right to benefit from an effective remedy and to be protected in the event of the violation of his/her human rights and fundamental freedoms. States therefore have a responsibility to ensure that human rights defenders whose rights have been violated are provided with an effective remedy. This obligation entails that the State ensures, without undue delay, a prompt and impartial investigation into the alleged violations, the prosecution of the perpetrators regardless of their status, the provision of redress, including appropriate compensation to victims, as well as the enforcement of the decisions or judgements. Failure to do so often leads to further attacks against human rights defenders and further violates their rights.
- 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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 50
- Paragraph text
- Whenever national human rights institutions are not able to address violations committed by private corporations, the possibility of amending their mandates so that they can receive and consider complaints of that nature should be envisaged. Such amendments should be discussed with defenders themselves to take into account the specific risks they encounter. National human rights institutions could also play a key preventive role in disseminating the Declaration to non-State actors and raising awareness about their responsibility to respect the rights of 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
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 51
- Paragraph text
- The Special Rapporteur hopes that the present report will contribute to raising awareness of the responsibility of non-State actors to comply with the provisions of the Declaration on human rights defenders. It is paramount that non-State actors acknowledge the important role of defenders in ensuring the full enjoyment of all human rights by everyone. Non-State actors, including private companies, could play a key role in the promotion and protection of the rights and activities of human rights defenders.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 113d
- Paragraph text
- [The Special Rapporteur would like to recommend to States the following minimum guidelines regarding protection programmes for human rights defenders:] Protection programmes should include an early warning system in order to anticipate and trigger the launch of protective measures. Such a system should be managed centrally and risk assessment should involve different groups of human rights defenders. The seasonal changes and examples of insecure situations mentioned above should be taken into account when designing such systems;
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 28
- Paragraph text
- On 9 October 2009, the Special Rapporteur on the situation of human rights defenders, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on human rights defenders in Africa of the African Commission on Human and Peoples' Rights issued a joint press release denouncing the stigmatization of human rights defenders by the Gambian authorities and the public threats to kill defenders working in the Gambia or those collaborating with them. This stigmatization was even more symbolic given that the statements in question were made in Banjul, at the headquarters of the African Commission on Human and Peoples' Rights, only a few days before the Commission's forty-sixth ordinary session. The Special Rapporteur is concerned that human rights defenders are frequently victims of campaigns of defamation by State-owned media and are often portrayed as traitors or enemies of the State, which puts their lives in danger.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 33
- Paragraph text
- Authorities and non-State actors increasingly resort to civil and criminal defamation suits against defenders raising their voice against violations of freedom of opinion and expression and carrying out activities for free and fair elections. Civil defamation suits, used in particular against journalists and newspapers, are as damaging as criminal defamation charges and have a disastrous impact on the freedom of opinion and expression. The severe fines to be paid can endanger the existence of newspapers by forcing them into bankruptcy. Civil defamation suits are also launched in order to silence political opponents who are subsequently sentenced to heavy fines. Similarly, civil and criminal defamation and libel proceedings are often used against members of human rights NGOs speaking out against human rights violations. The fines and prison sentences received may effectively cripple such organizations, while the threat of civil and criminal proceedings may also lead to self-censorship and diminished human rights monitoring.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 34
- Paragraph text
- Some States continue to resort to ambiguous security laws to arrest and detain human rights defenders, often without charges. In some States, national intelligence and security services have the power to detain human rights defenders without charge for a prolonged period of time. In some instances, agents of intelligence and security services are granted immunity from prosecution, and can therefore commit human rights violations against defenders in total impunity. Defenders may also face arrests, detention and harsh sentences, including the death penalty, under various State secret laws. The Special Rapporteur is concerned that legislation on State secrets often lacks clarity on what constitutes a State secret and that States frequently resort to such legislation to silence defenders and political opponents. The activities of defenders are also often criminalized and their freedom of association and expression violated through the use of extremely broad provisions of criminal codes.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 40
- Paragraph text
- In some States, trade union leaders, community leaders and land-rights defenders, including indigenous groups, are targeted for their activities. Elsewhere, defenders denouncing corruption and working on environmental issues are systematically attacked and threatened. Defenders working on economic, social and cultural rights are also subject to threats and intimidation when they attempt to access information. In certain countries, defenders trying to gather information on violations of human rights or humanitarian law being committed in certain areas are prevented from doing so in an often violent manner, which includes the use of killings, harassment and threats. In countries where the control of natural resources is at stake, defenders have been particularly threatened while denouncing the lack of transparency regarding contracts between the State and private companies.
- 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
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 42
- Paragraph text
- One way to ensure the safety of defenders is to put an end to impunity for non-State entities. The Special Rapporteur would like to reiterate that States bear the primary responsibility for protecting individuals, including defenders, under their jurisdiction, regardless of the status of the alleged perpetrators. In cases involving non-State actors - including private companies and illegal armed groups - it is paramount that prompt and full investigations be conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of article 12 of the Declaration on Human Rights Defenders. Addressing the issue of impunity is a key step to ensuring a safe environment for defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 43
- Paragraph text
- State responsibility in relation to actions and omissions of non-State actors as provided in article 12, paragraph 3, of the Declaration has been reiterated by numerous human rights bodies, including the Human Rights Committee and the Inter-American Commission on Human Rights. The rights enshrined in the International Covenant on Civil and Political Rights, including the right to life and freedom of association and expression, should be protected from violations not only by State agents, but also private persons or entities.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 45
- Paragraph text
- The Special Rapporteur has noted that the federal structure of certain States has sometimes impeded the prosecution of human rights violations, in particular those committed against human rights defenders. Regardless of the structure of a State, federal authorities retain the primary responsibility to protect human rights defenders and guarantee that their rights are protected. Federal Governments should therefore take all necessary measures to ensure that the transfer to States of the jurisdiction to prosecute and try human rights violations committed against defenders is effective.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 48
- Paragraph text
- To enhance the security of women defenders, States should also ensure that those women's specific security needs are dealt with in a gender-sensitive manner and that their participation and collaboration is sought when protection mechanisms are designed. In particular, gender-sensitive training should be put in place for law enforcement officials, protection officers and those in charge of designing protection programmes. Universal and regional mechanisms granting interim measures to women defenders should also request that States take their specific needs into account and report on the exact measures taken.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Person(s) affected
- Activists
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 53
- Paragraph text
- Defenders often face threats, attacks, arrests and false charges before, during or just after publicizing violations of human rights allegedly committed or condoned by State authorities. They may similarly be subjected to violence by non-State actors whenever information is published on alleged violations by private actors. Attacks on defenders at the time of the publication of reports, articles, petitions and open letters or the launch of radio broadcasts and campaigns denouncing human rights violations are increasingly frequent.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 59
- Paragraph text
- Defenders may be at risk after having assisted the United Nations, its representatives and mechanisms in the field of human rights. States should refer to the report of the Secretary-General on cooperation with representatives of United Nations human rights bodies, which describes situations in which defenders have been intimidated for their collaboration with United Nations human rights bodies and mechanisms. In this regard, the Special Rapporteur urges States to refrain from threatening defenders before, during and after the visits of United Nations independent experts or regional and intergovernmental mechanisms and organizations. States should comply with Human Rights Council resolution 12/2 on cooperation with the United Nations, its representatives and mechanisms in the field of human rights adopted by consensus during its twelfth session.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 60
- Paragraph text
- Certain events attracting international attention such as Olympic Games and major championships are often a period when defenders are under great pressure. Forced evictions carried out so that new infrastructure can be built ahead of these events are sometimes, for example, an occasion to silence defenders' dissent. Certain sports events attracting wide media attention are also used by defenders to highlight the situation of human rights in a given country. During the run-up to and throughout such events, human rights defenders are at increased risk of intimidation, harassment and arbitrary detention.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 80
- Paragraph text
- Nonetheless, according to the information received, police and security forces are not being properly trained and many defenders, not confident that they would be properly protected, refuse police protection. Furthermore, the protection programme is still not implemented equally throughout the country and many defenders at risk are not covered by it. The State should urgently review its methodology to ensure a coherent implementation at the national level. The Special Rapporteur believes that the federal authorities should remain primarily responsible for the implementation of such programmes or put in place the necessary mechanisms and funds to ensure their full implementation by States. The federal structure of a State should not impede the functioning of a programme. More generally, the Special Rapporteur calls upon the Government to increase its efforts to fully implement the recommendations formulated by the former Special Representative of the Secretary-General on the situation of human rights defenders after her visit to Brazil in 2005.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 81
- Paragraph text
- In Colombia, innovative protection mechanisms have been put in place at the national level to contribute to the physical protection of human rights defenders. The Protection Programme for Human Rights Defenders, Trade Unionists, Journalists and Social Leaders, administered by the Ministry of Interior and Justice and launched in 1997, aims to safeguard the life, well-being and safety of journalists and social communicators, leaders or activists of political groups, social, civic, community, labour and rural organizations and ethnic groups, among others, who find themselves at certain, imminent and exceptional risk as a direct consequence and by reason of carrying out their political, public, social or humanitarian activities or duties. However, this programme is not without problems, which must be addressed by the Government.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 82
- Paragraph text
- An early warning system, which aims at preventing violations of international humanitarian law and human rights by alerting the Government of Colombia of potential violations, has also been set up. This system is administered by the Office of the National Ombudsman and operates in 22 regions, with a national office in Bogotá. More generally, on the situation of human rights defenders in Colombia, the Special Rapporteur would like to refer to her country mission report, which is presented as addendum 3 to this report.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 83
- Paragraph text
- The Special Rapporteur welcomes these initiatives and encourages other States that have not yet done so to consider developing similar measures and maximizing their efficiency. At the same time, she wishes to express her concerns about the efficiency and sustainability of the existing programmes. Among other issues of concern, the large number of Government entities and ministries in charge of implementation of the programmes often causes confusion and a lack of confidence within the community of defenders. The Special Rapporteur believes that they should be revised, in consultation with human rights defenders, so that the latter receive timely and efficient physical protection.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 84
- Paragraph text
- Human rights defenders have also developed national and regional programmes to ensure their own safety and protection.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 86
- Paragraph text
- In Colombia, a campaign for the right to defend human rights in the country has recently been launched.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 93
- Paragraph text
- The African Commission has developed a mechanism for adopting provisional measures in its rules of procedure (rule 111): "Before making its final views known to the Assembly on the communication, the Commission may inform the State party concerned of its views on the appropriateness of taking provisional measures to avoid irreparable damage being caused to the victim of the alleged violation … . The Commission … may indicate to the parties any interim measure, the adoption of which seems desirable in the interest of the parties or the proper conduct of the proceedings before it."
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 96
- Paragraph text
- On 6 February 2008, the Committee of Ministers adopted the Declaration on Council of Europe action to improve the protection of human rights defenders and promote their activities. The declaration details State obligations and lists some examples of protection measures that could be taken. It also strengthens the role of the Commissioner for Human Rights of the Council of Europe in protecting and supporting human rights defenders. The declaration reiterates the obligations of Council of Europe member States to "provide measures for swift assistance and protection to human rights defenders in danger in third countries, such as, where appropriate, attendance at and observation of trials and/or, if feasible, the issuing of emergency visas". Furthermore, the European Court of Human Rights can also grant provisional measures.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 98
- Paragraph text
- Article 25 of the rules of procedure of the Inter-American Commission on Human Rights enables the Commission, on its own initiative or at the request of a party, to request that a State adopt precautionary measures to prevent irreparable harm to persons. Many defenders in Latin America benefit from such measures and the Commission is publicizing the granting of such measures to raise awareness of the situation of a particular defender and therefore contribute to his/her protection. The Commission may also request that the Court order "provisional measures" in urgent cases which involve danger to persons, even where a case has not yet been submitted to the Court.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 99
- Paragraph text
- The Commission has also created a specific unit within the Office of the Executive Secretary to coordinate its activities in this field. The Human Rights Defenders Unit liaises with human rights organizations and members of civil society, as well as State bodies responsible for human rights policies in each member State. The unit can also encourage the Commission to adopt any precautionary measures or measures of any other kind that the Commission deems appropriate, in order to protect threatened human rights workers in the region.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 100
- Paragraph text
- The revised European Union Guidelines on Human Rights Defenders, adopted by the European Council in 2008, suggest practical measures for European Union member States to support and protect human rights defenders. The guidelines give examples of practical measures that European Union missions could take to protect defenders at risk, such as swift assistance, issuance of temporary visas and the facilitation of temporary shelter in member States. The Special Rapporteur welcomes these very positive steps to ensure the safety 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
- Movement
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 101
- Paragraph text
- However, much more could be done in terms of preventing attacks against defenders and ensuring their safety. In particular, the Special Rapporteur believes that European Union missions should enhance their role in the physical protection of human rights defenders. In this regard, the Special Rapporteur urges European Union member States to provide defenders with a coordinated European response. States are to remain free to decide whether to issue visas and provide shelter on a case-by-case basis, but should try to facilitate visa issuance whenever possible. The swift assistance to be provided to defenders at risk needs to be further developed and clarified so that defenders can rely on more precise guidelines regarding the type of protective measures they can receive.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 102
- Paragraph text
- Furthermore, information received indicates that only a few European Union member States have developed and carried out strategies to efficiently implement the guidelines. Diplomatic staff members are not always specifically trained. Cooperation and contacts between defenders/human rights organizations and European Union representatives have not been systematized and are therefore often conducted on an ad hoc basis when a defender is already at risk. Finally, many European Union missions still have not designated a focal point on 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 103
- Paragraph text
- The Special Rapporteur believes that contact with civil society should be improved and systematized in order to ensure follow-up of their situations and develop early warning systems. Staff of European Union missions should be provided with training on the Declaration on Human Rights Defenders and specific challenges faced by certain groups of defenders in their country of assignment ahead of deployment. Coordinated efforts at the central level should be envisaged to foster the dissemination of the guidelines to defenders. The Special Rapporteur also calls upon the European Union to provide technical assistance to countries in the design and implementation of protective measures for human rights 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 104
- Paragraph text
- Following recommendations from the 2006 Supplementary Human Dimension Meeting, the OSCE Office for Democratic Institutions and Human Rights in 2007 established a focal point for human rights defenders and national human rights institutions. The focal point closely monitors the situation of human rights defenders, identifies issues of concern and seeks to promote and protect their interests. The focal point also aims at increasing the capacity of human rights defenders, and improving their knowledge of human rights standards, advocacy, monitoring and strategy formulation skills.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 105
- Paragraph text
- Some United Nations treaty bodies also provide for interim measures, including rule 86 of the rules of procedure of the Human Rights Committee and rule 108, paragraph 1, of the rules of procedure of the Committee against Torture. Article 5 of the recently adopted Optional Protocol to the International Covenant on Economic, Social and Cultural Rights also provides for interim measures. The Committee on Economic, Social and Cultural Rights will be able to request that States parties take interim measures as may be necessary in exceptional circumstances to avoid possibly irreparable damage to the victim or victims of the alleged violations, once the Optional Protocol enters into force. In this regard, the Special Rapporteur urges States to ratify or accede to the Optional Protocol.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 106
- Paragraph text
- The Special Rapporteur believes that granting interim or precautionary measures plays an important role in the physical protection of human rights defenders at risk. Universal and regional human rights mechanisms including the Inter-American Commission of Human Rights, European Court of Human Rights and the Human Rights Committee have repeatedly reiterated the obligatory nature of such interim measures. In this regard, the Special Rapporteur wishes to recall the international obligations of States parties to the above-mentioned regional organizations to comply with these interim measures.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 107
- Paragraph text
- The Special Rapporteur also wishes to reiterate that she accords priority to establishing and strengthening solid relationships with regional mechanisms for the protection of human rights defenders. In accordance with this strategy, two meetings have been held with the participation of the Special Rapporteur on human rights defenders in Africa of the African Commission on Human and Peoples' Rights, the Human Rights Defenders Unit within the secretariat of the Inter-American Commission on Human Rights, the Office of the Commissioner for Human Rights of the Council of Europe and the focal point for human rights defenders and national human rights institutions within OSCE Office for Democratic Institutions and Human Rights and the European Commission.
- 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
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 108
- Paragraph text
- National human rights institutions, especially those mandated to receive complaints and follow individual cases, can be powerful allies of human rights defenders and contribute significantly to their security and protection. National human rights mechanisms that prioritize the protection of human rights defenders in their agenda and establish a focal point in this respect have an important role to play in creating an enabling environment for human rights defenders and facilitating their activities without any undue interference from outside.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 10
- Paragraph text
- The obligation of States to protect includes both negative and positive aspects. On the one hand, States must refrain from violating human rights. On the other hand, States should act with due diligence to prevent, investigate and punish any violation of the rights enshrined in the Declaration. In other words, States should prevent violations of the rights of defenders under their jurisdiction by taking legal, judicial, administrative and all other measures to ensure the full enjoyment by defenders of their rights; investigating alleged violations; prosecuting alleged perpetrators; and providing defenders with remedies and reparation. To enhance the protection of defenders, States should also harmonize their domestic legal frameworks with the Declaration on Human Rights Defenders.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 14
- Paragraph text
- Many of these measures, however, have received criticism with regard to their efficiency and sustainability. Witness protection programmes, for example, are not sufficient to provide for the safety of defenders since in most cases they have not been designed for that purpose and do not take their specific needs into account. In other instances, the outcome of risk assessments has failed to match the situation of vulnerability faced by defenders requesting protection. Further, protective measures have, on some occasions, failed to address the specificities of the profile of defenders pertaining to gender, ethnic affiliation, leadership position and place of residence. In other cases, bodyguards have transmitted information to intelligence agencies. Defenders have also raised concerns about the privatization of protection measures, which can place the responsibility for protection in the hands of private security companies. Defenders fear former paramilitaries could be employed by these companies.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 17
- Paragraph text
- In every region of the world, defenders - including women defenders and those working on women's rights or gender issues - continue to face intimidation, threats, killings, disappearances, torture, ill-treatment, arbitrary detention, surveillance, administrative and judicial harassment and, more generally, stigmatization by both State and non-State actors. Violations faced by women defenders may take a gender-specific form, ranging from verbal abuse based on their sex, to sexual abuse and rape. Defenders also confront violations of the exercise of their rights to freedom of opinion and expression, access to information, access to funding, free movement and freedoms of association and peaceful assembly. In many countries, a climate of impunity for violations committed against defenders prevails.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 21
- Paragraph text
- In its articles 5 and 12, the Declaration on Human Rights Defenders recognizes the right to freedom of assembly and the legitimacy of participation in peaceful activities to protest against violations of human rights. The right to peaceful assembly is essential for human rights defenders; without the guarantee of this right and the protection against its violation by State officials and non-State entities, the ability of defenders to fulfil their role in the protection and promotion of human rights and fundamental freedoms is severely restricted.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 25
- Paragraph text
- Concerning permissible restrictions, freedom of assembly can be subjected to limitations in accordance with applicable international obligations. Article 21 of the International Covenant on Civil and Political Rights defines the necessary requirements for the limitations to be considered permissible. Firstly, restrictions must be in conformity with the law - that is, restrictions can be imposed not only by law but also through a more general statutory authorization, such as an executive order or a decree. Secondly, restrictions must be necessary in a democratic society, which means that limitations must be proportional - States must first exhaust any alternatives that limit the right to a lesser degree - and must comply with minimum democratic principles. Finally, the only grounds upon which an interference with the right to peaceful assembly is permitted are: national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 30
- Paragraph text
- The right of women to participate in public life, including through the promotion and protection of human rights, is contained in the Universal Declaration of Human Rights, as well as in various international treaties. Under article 7 of the Convention on the Elimination of All Forms of Discrimination against Women, States agree to take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, to ensure that women enjoy the right to, inter alia, participate in non-governmental organizations and associations concerned with the public and political life of the country on equal terms with men.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 32c
- 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:] Such limitations may only be imposed in the interest of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 34
- Paragraph text
- The Special Rapporteur has observed that in many countries national laws that regulate the functioning of non-governmental organizations impose severe restrictions on their registration, funding, management and operation. In particular, domestic legislation has been used to interfere with the internal management and activities of non-governmental organizations, including the placing of restrictions on the types of activities that civil society organizations are allowed to carry out without prior Government approval. The discretionary interpretation of existing laws has also permitted authorities to initiate legal proceedings against human rights organizations for minor infractions or to dissolve them without recourse to appropriate remedies or judicial supervision. In other instances, legislation seems to be in accordance with international standards, but registration procedures have been used arbitrarily to deny protection to human rights non-governmental organizations that are very critical of the Government.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 35
- Paragraph text
- The right to access and communicate with international bodies, as recognized in the Declaration on Human Rights Defenders, is contained in the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (art. 11), the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 15), and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (art. 13). The optional protocols include a specific provision asking States parties to take all appropriate measures to ensure that individuals under their jurisdiction are not subject to ill-treatment or intimidation, or prejudiced in any way, for having communicated with or provided information to the monitoring bodies of the respective instruments.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 36
- Paragraph text
- This right is also protected under other relevant provisions such as the right to freedom of movement and the right to freedom of expression. The Declaration recognizes the right to access and to communicate with international bodies under articles 5 (c) and 9 (4). By referring explicitly to this right under two separate provisions, the Declaration recognizes that accessing and communicating with international bodies are essential for human rights defenders to carry out their work and to alert the international community to human rights problems and bring key cases to the attention of regional and international human rights mechanisms.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 37
- Paragraph text
- The Declaration protects a wide range of collaboration activities with international bodies and agencies, from the submission of information or complaints related to specific cases to the presentation of information on the internal human rights situation in a particular country at international human rights venues. As regards the different bodies and mechanisms that defenders can engage with, the Declaration provides for the right to communicate with a wide range of institutions and mechanisms, including non-governmental organizations, intergovernmental organizations and international bodies. These mechanisms can include United Nations bodies, including United Nations representatives and mechanisms, such as treaty bodies, special procedures, the universal periodic review mechanism and field presences of the Office of the United Nations High Commissioner for Human Rights, and other bodies outside the United Nations system.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 41
- Paragraph text
- Under the mandate, there have been interventions in cases where human rights activists have not been granted permission to leave their countries to participate in international human rights events, including the Human Rights Council, or have been harassed or subjected to serious reprisals upon return to their homes from these events. There have also been interventions in cases of individuals who have been targeted after they have submitted information or complaints to international human rights mechanisms, in particular under the mandate on human rights defenders and other special procedures of the Human Rights Council. The mandate holder remains extremely concerned about allegations received reporting acts of intimidation, threats, attacks, arbitrary arrests, ill-treatment, torture and killings of human rights defenders who collaborated with the United Nations or other international mechanisms.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 43
- Paragraph text
- The right to freedom of opinion and expression is of crucial importance to the work of human rights defenders. Without this right defenders would not be able to perform their monitoring and advocacy work to promote and protect human rights. This right applies to both men and women promoting and protecting human rights, providing they accept and apply the principles of universality and non violence. In the case of women human rights defenders, States need to ensure that tradition, history, culture and religious attitudes are not used to justify violations of women's right to equality before the law and to the equal enjoyment of all rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Men
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 45
- Paragraph text
- Concerning the other two aspects, article 19 (3) of the International Covenant on Civil and Political Rights establishes that "the right to freedom of expression carries with it special duties and responsibilities and for this reason certain restrictions on the right are permitted, which may relate either to the interests of other persons or to those of the community as a whole. However, when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself." According to article 19 (3), restrictions must be "provided by law" and must be justified as being "necessary" for one of the following purposes: (a) respect of the rights or reputations of others; and (b) the protection of national security or of public order (ordre public), or of public health or morals.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 48
- Paragraph text
- Despite protection under international and regional human rights instruments and national constitutions, the right to freedom of expression has suffered the most adverse restrictions under national security or anti-terrorism laws. In many instances, these laws have been used to criminalize dissent and suppress the right to hold States accountable. Provisions of laws on internal security, official secrets and sedition, among others, have been used to deny freedom of information to defenders and to prosecute them for their efforts to seek and disseminate information on the observance of human rights standards.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 50
- Paragraph text
- Additionally, defenders and journalists are often targeted for investigating human rights abuses. They are subjected to threats, attacks and intimidation, and some have been abducted and/or killed. They have also been arrested and detained following the publication of letters calling for the improvement of the human rights situation, for publishing articles online criticizing governmental policies and for denouncing human rights violations. Women journalists and media professionals are also exposed as a result of their work. This group includes women investigative journalists working on human rights-related issues, women columnists advocating human rights reform, women reporters monitoring and reporting violations of human rights, and women bloggers.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 52
- Paragraph text
- The protection of the right to protest comprises both negative and positive obligations. The State has a negative obligation to abstain from interfering and a positive obligation to protect rights holders in the exercise of this right, particularly when persons protesting hold unpopular or controversial views, or belong to minorities or other groups exposed to higher risks of attack and other forms of intolerance. Additionally, respecting the right to protest involves the obligation of States to take concrete steps to build, maintain and strengthen pluralism, tolerance and an open attitude to the expression of dissent in society.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 54
- Paragraph text
- Common restrictions and violations to the right to protest include: (a) bans and unjustified restrictions on demonstrations; (b) unnecessary requirements to obtain authorizations; (c) lack of remedies to appeal decisions denying the authorization to hold demonstrations; (d) legislation not complying with international human rights law; (e) legislation on counter-terrorism with definitions of "terrorism" that are so broad that they can jeopardize participation in public demonstrations; and (f) inadequacies in the legal framework on the right to strike, including the criminalization of the right to strike and the failure to incorporate the right to strike in domestic law.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 55
- Paragraph text
- Violations suffered by defenders as a consequence of their participation in protests range from threats following demonstrations to arbitrary arrest and detention, intimidation, ill-treatment, torture and excessive use of force by authorities. A cause for concern is the number of peaceful protesters who have been injured or killed during violent crackdowns by the authorities. The mandate holder has also identified specific protection needs concerning some groups of protestors, including women defenders and defenders working on lesbian, gay, bisexual and transgender rights; student activists; trade unionists; and defenders monitoring and reporting on demonstrations. Defenders engaged in protests linked to demands for democratic reforms; the anti-globalization movement; election processes; peace demonstrations; and land rights, natural resources and environmental claims are often in need of specific protection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 56
- Paragraph text
- The right to develop and discuss new human rights ideas is enshrined in the Declaration on Human Rights Defenders as an important provision for the ongoing development of human rights. This right may be seen as an elaboration of the right to freedom of opinion and expression, the right to freedom of assembly and the right to freedom of association, which are protected under many regional and international instruments. The Declaration on Human Rights Defenders affirms the right to develop and discuss new human rights ideas, and to advocate their acceptance in article 7.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 57
- Paragraph text
- Many of the basic human rights that today we take for granted took years of struggle and deliberation before they took final shape and became widely accepted. A good example is the long struggle of women in many countries to gain the right to vote. Today, we see the case of defenders working on lesbian, gay, bisexual and transgender rights. In many countries around the world, these activists are targeted for their work, harassed, and sometimes killed, because of their work in defending a different idea of sexuality. Similarly, women human rights defenders are more at risk of suffering certain forms of violence because they are perceived as challenging accepted sociocultural norms, traditions, perceptions and stereotypes about femininity, sexual orientation and the role and status of women in society.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 59
- Paragraph text
- It is because of the visions of courageous defenders that human rights have developed and transformed our societies. These visionaries have held "that women deserve the same rights as men, that empires are not inevitable, that indigenous peoples are human beings, or that torture and genocide are ethically reprehensive and need not be tolerated. Similarly, they ask people to imagine that international norms can be established and that nation States need not be allowed to claim that however they wish to behave and treat people is strictly their own business." However, these ideas often meet resistance, especially because they challenge the legitimacy of the status quo as well as sociocultural norms and traditions.
- 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
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 60
- Paragraph text
- Nonetheless, ideas that "offend, shock or disturb" are protected under the right of freedom of expression. This is a crucial part of what is required for a "democratic society" to exist. Pluralism, tolerance and broadmindedness are particularly important in a democratic society. Democracy does not simply mean that the views of the majority must always prevail: a balance must be achieved which ensures the fair and proper treatment of minorities and avoids any abuse of a dominant position. The State is the ultimate guarantor of the principle of pluralism, a role that entails positive obligations to secure the effective enjoyment of rights. These obligations are of particular importance for persons holding unpopular views or belonging to minorities, because they are more vulnerable to victimization.
- 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
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 62
- Paragraph text
- Article 9 of the Declaration provides for the right of everyone to benefit from an effective remedy and to be protected in the event of a violation of his or her human rights and fundamental freedoms. In the framework of the Declaration, the obligation to provide defenders with an effective remedy requires States to ensure a prompt and impartial investigation into the alleged human rights violations, the prosecution of the perpetrators, the provision of reparations, as well as the enforcement of decisions or judgements.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 63
- Paragraph text
- The right to an effective remedy also entails effective access to justice, which can involve not only judicial but also administrative or quasi-judicial mechanisms. Impartial investigations and the prosecution of perpetrators require an effective and independent judiciary. In many instances, however, weaknesses in the judicial system and in the legal framework have prevented defenders from seeking and obtaining justice. States should take all necessary steps to ensure that violations against defenders are brought before tribunals or other complaints mechanisms, such as national human rights institutions or truth and reconciliation mechanisms.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 65
- Paragraph text
- Nevertheless, the information received by the mandate holder often illustrates the lack of effective response by authorities to defenders, which has resulted in impunity for those abusing their rights. Judicial authorities have shown an alarming lack of diligence in investigating cases of abuse against defenders and leniency towards suspected perpetrators, especially members of the security and armed forces. Similarly, defenders have raised impunity as one of the main concerns regarding violations committed by non-State actors. In many instances, complaints by defenders about violations of their rights are either never investigated or dismissed without justification.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 68
- Paragraph text
- The right to access funding is an inherent element of the right to freedom of association, which is contained in major human rights instruments. The Declaration on Human Rights Defenders explicitly recognizes the right to access funding as a self-standing substantive right under article 13. The wording of article 13 covers the different phases of the funding cycle. States are under an obligation to permit individuals and organizations to seek, receive and utilize funding. The Declaration requires States to adopt legislative, administrative or other measures to facilitate or, at a minimum, not to hinder the effective exercise of the right to access funding.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 70
- Paragraph text
- Concerning the origin of the funds, the Declaration protects the right to receive funding from different sources, including foreign ones. Given the limited resources available for human rights organizations at the local level, restrictions on access to international funding can gravely affect the ability of defenders to carry out their work. In some cases, these limitations can threaten the very existence of organizations. Governments should allow access by human rights defenders, in particular non-governmental organizations, to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 71
- Paragraph text
- Many countries have put in place legislation that significantly restricts the ability of human rights organizations to access funding, including restrictions on the origin of the funds and the requirement for prior State authorization for non governmental organizations to receive funds from foreign donors. Some Governments have introduced a complete prohibition on certain types of funding, for example funding coming from United Nations agencies or other bilateral donors. In other instances, organizations working in particular fields - such as governance issues - are prohibited from receiving foreign funding.
- 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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 74
- Paragraph text
- Article 4 (1) of the International Covenant on Civil and Political Rights states: "In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin."
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 75
- Paragraph text
- Two fundamental conditions must be met before a State invokes article 4 of the Covenant: the situation must amount to a public emergency that threatens the life of the nation, and the State must have officially proclaimed a state of emergency. An additional fundamental requirement is that such measures must be limited to the extent strictly required by the exigencies of the situation. This relates to the duration, geographical coverage and material scope of the state of emergency and any measures of derogation adopted because of the emergency. Further, article 4 (1) requires that no measure derogating from the provisions of the Covenant can be inconsistent with the State's other obligations under international law, particularly the rules of international humanitarian law, and that States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 76
- Paragraph text
- The significance of the Declaration on Human Rights Defenders lies in its provision of legitimacy and protection to certain activities that protect and promote universally recognized human rights and fundamental freedoms. The central focus of the Declaration is not the recognition of these rights, but their reiteration and the protection of activities for their promotion. The Declaration extends protection to persons only to the extent of their engagement in these activities. These are important distinctions to take into account when considering any arguments regarding derogations, limitations and restrictions on rights in the emergency or security context. Even if some rights or freedoms are restricted in a situation of emergency, or under security legislation, or because of any other requirements, any activity relating to the monitoring of these rights can be neither restricted nor suspended.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 77
- Paragraph text
- In this context, derogations from and exceptions to applicable human rights standards, including the Declaration, should be required to meet a higher standard when they are applied to human rights defenders. At times of great risk to human rights, it is essential that there is some form of independent monitoring and accounting of these rights. It would be contrary to the spirit of international human rights standards to argue that at these moments of greater risk the right to defend human rights can be legally silenced.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 102
- Paragraph text
- States should ensure that security legislation is not applied against human rights defenders as a means to prevent their human rights work. States must guarantee the possibility for human rights defenders to effectively monitor the application of security legislation. In the context of the arrest and detention of a person under security legislation, defenders should, at a minimum, have regular access to the detainee and to basic information on the substance of the charges on which the detainee is held.
- 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
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 73
- Paragraph text
- Thirty-six communications were sent to China regarding alleged arrests and 17 regarding other forms of criminalization. Those at risk include women defenders working on the rights of religious and national minorities, women's rights, including family planning and reproductive rights, housing rights, democratic reform, and impunity for alleged use of torture, among various others. Of particular concern is the frequency with which it was alleged that such defenders were sentenced to prison terms, including periods of administrative detention, often referred to as "re-education through labour".
- 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
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 78
- Paragraph text
- Some 38 communications were sent by the mandate concerning arrests in sub-Saharan Africa, along with 18 concerning other kinds of judicial harassment and criminalization, with some overlap. Of these, the largest number concerned defenders working in Zimbabwe, to which 18 communications were sent regarding arrests and nine regarding further legal action against them, with considerable overlap. The majority of these concerned women's rights activists, the arrests generally taking place in the context of peaceful public demonstrations and charges usually concerning supposed public order or traffic-related offences. Other arrests and acts of criminalization were the subject of communications sent to, inter alia, the Sudan (seven and two respectively), Ethiopia (four and one respectively), and the Gambia (three and two respectively).
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 79
- Paragraph text
- During the 2004-2009 period, 28 communications were sent regarding arrests and detentions of women human rights defenders and those working on women's rights or gender issues in the Americas, along with 22 concerning further criminalization of human rights defenders. Regarding arrests and detentions, those most at risk appear to be women activists for indigenous rights, particularly in Chile along with other women community leaders, campesino and rural activists, environmentalists, and lawyers. Similarly, indigenous activists appear to be at risk, particularly in the Chilean context. During 2004-2009, the mandate sent six communications regarding the criminalization of women working on indigenous issues in Chile. Such criminalization usually involved charges and trials based on supposed public order offences related to the right of assembly, and, on occasion, terrorism-related charges.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 80
- Paragraph text
- In the Middle East and North Africa, 23 communications were sent to States regarding arrests and detentions of this group of defenders. Those most at risk appear to include Saharawi activists in Morocco, having been the subject of five communications; women's rights activists in Saudi Arabia, having been the subject of three communications; and human rights defenders generally in Tunisia, to which four communications were sent regarding arrests and detentions. Concerning the subsequent criminalization of the activities of these defenders, five communications were sent to Tunisia, of which four detailed trials and convictions of WHRDs. Judicial harassment, trials, and convictions were also noted in communications sent to Bahrain (three), Saudi Arabia (two), Algeria, Egypt, Lebanon, Morocco, and the United Arab Emirates.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 81
- Paragraph text
- The prevalence of the alleged use of torture, as well as other forms of ill-treatment and mistreatment of women human rights defenders and those working on women's rights or gender issues while in detention is alarming. During the stated period, 149 such allegations were noted in communications from the mandate in this regard. Several such cases (22) pertained to detained or imprisoned defenders in China; of these, there were a notable number of alleged incidences of physical attacks and beatings by inmates, who had reportedly been ordered to do so by prison guards. Other violations reported in China have included beatings by law enforcement officials, the use of torture as a disciplinary measure, denial of adequate medical care in detention, forced medication and sleep deprivation. Among the alleged victims of such treatment were pro-democracy activists, defenders working on reproductive and housing rights, and the rights of religious, national, and ethnic minorities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 82
- Paragraph text
- In Uzbekistan, to which 11 communications regarding alleged torture or other mistreatment were sent, there emerged a worrying trend of the alleged committal of women defenders to psychiatric institutions, wherein they may be subjected to forced medication, as a form of punishment for their work, along with other forms of mistreatment such as assaults and beatings - which in one instance allegedly induced a miscarriage in the pregnant wife of a human rights defender - or sleep deprivation. The method of confining women defenders to psychiatric facilities has also allegedly been employed in countries such as the Russian Federation and Viet Nam.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 83
- Paragraph text
- A large number of communications related to allegations of excessive use of force and other forms of mistreatment by police during arrests and detentions. In this regard, aside from the aforementioned countries, many of the reported violations occurred in the Islamic Republic of Iran, primarily against women's rights activists, in Chile; India, and Myanmar among others. As noted above, such violence was even employed against pregnant defenders. In the given period, three incidents were reported to the Special Rapporteur in which alleged physical violence by law enforcement officials against pregnant women led to miscarriages. Many other violations reportedly occurred during and following police crackdowns on peaceful demonstrations and protests. In this connection, a significant number of communications related to Zimbabwe but also to Belarus, Chile, Myanmar, and Nepal, among others.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 19
- Paragraph text
- Similarly, article 3 of the International Covenant on Civil and Political Rights states that "the States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant", which also guarantees and expands upon the aforementioned rights. Furthermore, article 3 of the International Covenant on Economic, Social and Cultural Rights provides that the State Parties to the Covenant must "ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth" in the Covenant.
- 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
- Men
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 23
- Paragraph text
- In this regard, the mandate holders have reiterated on several occasions that women defenders are more at risk of suffering certain forms of violence and other violations, prejudice, exclusion, and repudiation than their male counterparts. This is often due to the fact that women defenders are perceived as challenging accepted socio-cultural norms, traditions, perceptions and stereotypes about femininity, sexual orientation, and the role and status of women in society. Their work is often seen as challenging "traditional" notions of the family which can serve to normalize and perpetuate forms of violence and oppression of women. This can, in certain contexts, lead to hostility or lack of support from the general population, as well as the authorities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 24
- Paragraph text
- As pointed out by the former Special Representative in her 2002 report to the Commission on Human Rights, the violations faced by women defenders may themselves take a gender-specific form, ranging from verbal abuse based on their sex, to sexual abuse and rape. Cases of the latter are particularly prevalent in situations of conflict, which are often characterized by an environment of complete impunity for perpetrators. Further, in certain contexts, if a women human rights defender is subjected to rape or sexual abuse as a result of her work, she may be perceived by her extended family as having brought shame on both the family and the wider community. Indeed, even when no rape or sexual abuse has occurred, women defenders are often subjected to stigmatization and ostracism by community leaders, faith-based groups, families and communities who consider them to be jeopardizing religion, honour or culture through their work.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 28
- Paragraph text
- In its resolutions relating to the mandate, the General Assembly has on various occasions expressed its grave concern regarding the saliency of gender-based violence and the other risks faced by women defenders. This concern has been echoed by the Human Rights Council, which recognized in its resolution 13/13 "the immediate need to put an end to and take concrete steps to prevent threats, harassment, violence, including gender-based violence", and encouraged States to strengthen mechanisms for consultation and dialogue with women human rights defenders..
- 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
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 29
- Paragraph text
- As stated in several articles of the Declaration on Human Rights Defenders and, most notably in its article 12(2), the primary responsibility for developing such mechanisms, and indeed specific measures for the protection of women human rights defenders and human rights defenders in general, lies with the State. The primacy of the role of the State in promoting and protecting human rights has also been recalled on numerous occasions by the Commission on Human Rights, Human Rights Council, and General Assembly in their resolutions relating to the mandate.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 30
- Paragraph text
- Previous analyses of the situation of women human rights defenders have tended to focus on the situation of female human rights defenders, i.e. women who, individually or in association with others, act to promote or protect human rights, including women's rights. However, this report will have a somewhat broader scope and will include female defenders but also male human rights defenders working on women's rights as well as on gender issues. Furthermore, account will also be taken of violations against spouses, partners and family members of both female defenders and male human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 33
- Paragraph text
- In addition, the Special Rapporteur has used the information received in the form of replies to the questionnaire sent to Governments and relevant stakeholders. In this connection, she wishes to thank all those stakeholders that have cooperated with this initiative. In this section of the report, in order to avoid duplication, the information provided through the questionnaires has been explicitly highlighted when it was deemed that it provided additional insight. Where it is deemed necessary, numbers of communications and States to which they were sent have been mentioned.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 42
- Paragraph text
- The 28 communications sent regarding defenders working on women's rights or gender issues in Europe and Central Asia predominantly concerned LGBT activists in East and Central European countries including Poland, Moldova, Serbia, and the Russian Federation, as well as women's rights activists operating in Uzbekistan and Belarus. Alleged violations against LGBT activists in this region generally related to freedom of assembly or association, such as denial of permits for peaceful rallies or refusal to register an organization. Other reported violations against women's rights defenders were again largely judicial by nature, including arrests, detentions, judicial harassment, and conviction.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 43
- Paragraph text
- During the period, the mandate sent 47 communications regarding defenders working on LGBT issues. Aside from the aforementioned alleged violations related to freedom of assembly and association, killings of LGBT human rights defenders were alleged in five communications, with rape and sexual violence, including against males, being reported in a further six. Various other communications detailed many instances of threats, death threats, physical attacks and violence, and stigmatization. Further, the criminalization of homosexuality has in some countries led to alleged arrests, torture and ill-treatment, including of a sexual nature, while in other countries it effectively prevented defenders from engaging in any advocacy for LGBT rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 44
- Paragraph text
- The mandate has also received and acted upon allegations of violations against defenders working in areas of sexual and reproductive rights. All seven communications sent from the mandate regarding specifically sexual and reproductive rights concerned Chinese human rights defenders advocating against the alleged use of forced abortions and sterilizations. However, responses to the questionnaire sent in preparation for the report have provided further information regarding defenders working on these issues in other countries and regions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 45
- Paragraph text
- According to the information received, human rights defenders who work on sexual and reproductive rights face risks including harassment, discrimination, stigma, criminalization and physical violence. As part of this group, medical and health professionals, by providing sexual and reproductive health services, ensure that women can exercise their reproductive rights. In certain countries, these health professionals, as a result of their work, are regularly targeted and suffer harassment, intimidation and physical violence. In some countries, these attacks perpetrated by non-State actors have led to killings and attempted killings of medical professionals.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 46
- Paragraph text
- A specific group that also appears to be at particular risk is that formed by women working in the legal profession, including lawyers, judges and paralegals. Between 2004 and 2009, the mandate sent 81 communications regarding the situation of women defenders from these professional categories. Women defenders with this profile appear to be more affected in certain countries, notably the Islamic Republic of Iran (nine communications), Colombia (eight communications), China (eight communications), the Russian Federation (seven communications) and Tunisia (six communications).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 47
- Paragraph text
- Women journalists and media professionals working on human rights issues also appear to be exposed to risk as a result of their work. This group includes women investigative journalists working on human-rights related issues, women columnists advocating human rights reform, women reporters monitoring and reporting violations of human rights, and women bloggers. The mandate sent communications about 70 cases concerning this category during the six-year period. In certain countries, a large proportion of communications sent concerned women working as journalists or who were engaged in other media-related activities. Women working as journalists were also the subject of various communications sent to, inter alia, Tunisia (seven communications), Colombia (seven communications), the Islamic Republic of Iran (seven communications), Belarus (five communications) and the Russian Federation (five communications).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 48
- Paragraph text
- The mandate also sent 64 communications concerning the situation of women defenders working on issues of impunity and access to justice, including witnesses and victims of human rights violations seeking redress, as well as the lawyers, individuals and organizations representing or supporting them. This group seems to be particularly at risk in certain countries in Europe, Central Asia and the Americas. Over half of the communications in this regard were sent to the Russian Federation (15 cases), Colombia (14 cases) and Mexico (nine cases).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 49
- Paragraph text
- The mandate also sent 58 communications regarding cases of women defenders and those working on women's rights or gender issues denouncing abuses in contexts of military conflict, counter-terrorism and other situations of widespread violence. This group includes defenders working in conflict-affected countries and regions such as the Democratic Republic of the Congo, the Sudan, Colombia, the North Caucasus, and post-conflict situations such as in the Balkan countries (most notably Serbia) and Nepal. This group includes those monitoring and reporting violations, providing of aid and assistance to victims, addressing the gender dimensions of conflict, and combating impunity, including by bringing cases before international bodies such as the International Court of Justice and European Court of Human Rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 51
- Paragraph text
- Women working in trade unions, and other labour rights activists also appear to be exposed to regular violations and severe risks as a result of their work, although it appears that this is so in certain regions more than in others. This group was the subject of 40 communications sent by the mandate, including six communications regarding alleged violations against female relatives and partners of male trade unionists and labour rights activists. The largest proportion of these (13 communications) was sent to Colombia, with others being sent to countries including Gambia, Guatemala, Honduras, Myanmar and Zimbabwe.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 53
- Paragraph text
- A related group of women defenders are those working on environmental issues, including access to land, were the subject of 33 communications sent by the mandate during this period, a large majority of which were sent to countries in the Americas. The work carried out by these women typically includes advocating the preservation of lands and communities which may be threatened by large-scale industrial projects, generally relating to the extractive and energy-related industries, such as mines, hydroelectric dams, and pipelines.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 54
- Paragraph text
- Family members of women defenders, along with female relatives and associates of male defenders, are also commonly targeted as a way of curtailing the activities of the defenders. In some circumstances, attacks against family members and children of women defenders are reflective of traditional gender stereotypes of women as mothers and caregivers. The mandate has on many occasions expressed concern regarding the physical and psychological integrity of family members of women defenders and female relatives and associates of male defenders. From 2004 to 2009, some 86 communications sent by the mandate dealt with violations against family members or associates of women defenders, or female family members and/or associates of male human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 58
- Paragraph text
- The human rights activities carried out by those subjected to threats and death threats in the Americas region ranged very widely. Among the groups which appear to be most at risk are women defenders working to fight impunity for alleged human rights violations, particularly in Brazil, Colombia, Guatemala, Mexico, and Peru. Moreover, those working on indigenous rights also appear to be at risk, particularly in Brazil, Chile, Colombia, Ecuador, Guatemala, and Honduras; trade unionists, particularly in Colombia and Guatemala; and women's rights and/or LGBT defenders in the region.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 59
- Paragraph text
- Threats and death threats were also reported in all other regions, although in much smaller numbers. In Asian countries, threats were reported in countries such as the Islamic Republic of Iran (eight communications), the Philippines (five communications), Sri Lanka (five communications), Nepal (five communications), China (four communications), and Pakistan (four communications), among others. The activities carried out by the WHRDs subjected to threats in this region varied widely by country, including women's rights activists, primarily in the Islamic Republic of Iran; and indigenous and other minority activists, particularly in the Islamic Republic of Iran, China and the Philippines, among others. Explicit death threats were reported in the Philippines (three communications), Sri Lanka (two communications), Nepal (two communications), the Islamic Republic of Iran (two communications), Pakistan (two communications), China, the Maldives, and Malaysia.
- 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
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 60
- Paragraph text
- In Europe, of the 37 communications sent regarding alleged threats and death threats, some 23 concerned defenders working in the Russian Federation and Uzbekistan. In the Russian Federation, to which 13 such communications were sent, those most at risk appear to have been those working on impunity and human rights issues related to the conflict in Chechnya and the North Caucasus region generally, as well as those working with minority groups and those involved in bringing cases before the European Court of Human Rights. The nature of the threats included death threats, and threats of criminal prosecution.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 61
- Paragraph text
- In Uzbekistan, to which 10 communications were sent regarding alleged threats and death threats, a wide range of women defenders were allegedly targeted as well as a significant number of family members. Among these, explicit death threats were common, along with others including threats of committal to psychiatric hospitals, threats of violence against family members, and threats of eviction. A further 14 communications were sent to other European countries, including four to Serbia and the former Federal Republic of Yugoslavia (Serbia and Montenegro), and two to Turkey.
- 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
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 65
- Paragraph text
- Women human rights defenders and those working on women's rights or gender issues in the Americas appear to be most at risk of being killed or having an attempt made on their lives. The largest number of these communications was sent to Colombia (12 regarding killings, 11 regarding attempted killings), while other cases were reported in Brazil (two regarding killings, four regarding attempted killings); Guatemala (two regarding killings, two regarding attempted killings); and Honduras (two regarding killings, two regarding attempted killings); with attempted killings also being reported in Mexico (two), Chile (two), Ecuador (two), and Peru (two). Those most at risk appear to be women trade unionists and women labour rights activists, particularly in Colombia and Guatemala; women indigenous rights activists, particularly in Colombia, Mexico, Chile, and Guatemala; and women environmental and land rights activists, particularly in Brazil and Colombia, along with family members and associates of all the aforementioned defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Violence
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 66
- Paragraph text
- Outside of the Americas, 2009 saw an alarming rise in comparison to previous years in the number of allegations received regarding murders of women human rights defenders and those working on women's rights or gender issues in the Russian Federation: four communications regarding alleged killings were sent in 2009. In this context, those targeted were often working on human rights in Chechnya and the North Caucasus generally, along with journalists. Other killings and attempted killings were reported in communications sent to the Philippines (eight communications), Iraq (two communications), India (two communications), Nepal (one communication), Sri Lanka (two communications), Israel (one communication), and the Congo (one communication), with further attempted killings being reported in communications sent to Pakistan (two communications), Bangladesh (one communication), the United States of America (one communication, concerning Iraq under U.S. Administration), and France (one communication, concerning French Guyana) during the 2004-2009 period.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 67
- Paragraph text
- Allegations on attacks against the physical integrity of this group of defenders by non-State groups and individuals were received during the 2004-2009 period, cases of which were raised in 52 communications. About half of these cases were reported in Central and South American countries. Those most at risk in this region appear to include women working as journalists, such as those critical of paramilitary groups in Colombia; women advocating for workers' rights in Mexico, along with women lawyers, indigenous and pro-democracy defenders. Physical attacks were also reported in Europe and Central Asia (10 communications), the Middle East and North Africa (six communications), Asia (five communications), and Africa (three communications).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 70
- Paragraph text
- Analysis of the communications sent in the 2004-2009 period reveals a worrying trend of criminalization of the activities carried out by women human rights defenders and those working on women's rights or gender issues throughout the world, although in certain regions much more than in others. In the above period, some 417 communications were sent by the mandate concerning allegations of arrest and criminalization of their work. Of these, 256 communications reported arrests and 166 reported further acts of criminalization including criminal investigations, charges, trials, and sentences varying from fines to administrative detentions to lengthy prison terms.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 84
- Paragraph text
- During the stated period, in the Middle East and North Africa region, primarily in Tunisia, but also in Algeria, Bahrain, Egypt and Morocco, the communications sent seem to point to a trend of the use of physical violence against women human rights defenders and those working on women's rights or gender issues by law enforcement officials. Such acts, however, did not usually take place in the context of an arrest or detention; rather, there appears to be a pattern of sporadic beatings as a form of punishment or intimidation, or occasionally to prevent meetings or assemblies from taking place.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 85
- Paragraph text
- Aside from the "political" 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, foreign countries or interests, women human rights defenders often face further stigmatization by virtue of their sex or the gender- or sexuality-based rights they advocate. As noted above, such work can be perceived as challenging established socio-cultural norms, tradition or perceptions about the role and status of women in society. As a result of this, women defenders often find themselves and their work subjected to stigmatization by both State and non-State actors. A common accusation directed in particular at those working on women's rights, gender issues, and LGBT rights, is the assertion that these defenders are somehow advocating or attempting to import "foreign" or "Western" values which contradict national or regional culture. State agents or representatives are often alleged to be responsible for such stigmatization.
- 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
- Activists
- LGBTQI+
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 86
- Paragraph text
- As both mandate holders have reiterated on various occasions, female human rights defenders are subject to particular risks to which their male counterparts are not so greatly exposed, foremost among these being the risk of rape, sexual abuse, and other forms of sexual violence and harassment. During the 2004-2009 period, the mandate sent 26 communications regarding cases of rape, threatened rape, or other forms of sexual violence and harassment against women defenders. However, of these, six communications concerned abuses of this kind against LGBT activists.
- 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
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 87
- Paragraph text
- In 2005, the mandate sent a communication regarding the systematic use of sexual and other forms of violence against women defenders in the Democratic Republic of the Congo. Aside from this, two other cases of threatened and attempted rape were reported from the DRC, along with one attempted rape of a women defender's daughter in the Central African Republic, and the threatened rape of an LGBT activist in Kenya. Sexual assaults, including instances of gang rape in detention of LGBT activists, were also reported in Ecuador, Honduras, Mexico, India, and Nepal. The alleged perpetrators of these acts were mostly unknown/ unidentified but also included members of the police, military, armed groups, or local members of the community.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 88
- Paragraph text
- In certain cultural and social contexts, issues relating to rape and sexual abuse of women remain taboo. Women working on such issues, including victims thereof seeking redress, organizations representing victims or granting them shelter, and organizations working with sex workers, among others, often face a hostile response from both society and State as a result of their work. In this connection, 19 communications were sent regarding defenders working on issues related to sexual abuse, rape, and prostitution. Of these, six detailed alleged violations against rape victims seeking redress or publicizing the issue, or their lawyers and two being sent to Pakistan, while others were sent to India, Egypt, Saudi Arabia and Guatemala. The alleged violations in these cases included an arrest, threats, harassment, and a travel ban.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 91
- Paragraph text
- References were often made to general legislative frameworks, special programmes and databases designed for the protection of women in general against violence and discrimination. References were also made to programmes for the protection of victims and witnesses in order to address the situation of women defenders and those working on women's rights or gender issues. While this is appreciated, the Special Rapporteur considers that it is not sufficient to effectively address the particular challenges and needs of this group.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 93
- Paragraph text
- It has been reported that the Government of Mexico is currently in the process of working towards the development of a protection programme and mechanism for human rights defenders. However, it seems unclear whether this mechanism will recognize the special security and protection needs of women defenders and those working on women's rights or gender issues. While the Special Rapporteur welcomes this initiative, she hopes that the specific risks and security needs of women defenders and those working on women's rights or gender issues are being taken into consideration in the design and implementation of all such mechanism.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 95
- Paragraph text
- The Special Rapporteur has received information indicating that the Government of Colombia has made efforts to incorporate a gender-dimension into the protection programme for internally displaced women, which has paid special attention to those women leaders of these communities. These efforts have included consultation with this group of women defenders during the design and implementation of specific protection actions. While this is welcome, the Special Rapporteur would like to note that similar efforts would be necessary to protect other groups of women defenders in the country.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Person(s) affected
- Activists
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 96
- Paragraph text
- In other regions, a factor reported as hindering the development or implementation of State-based policies or practices for the protection of women defenders and those working on women's rights or gender issues is the lack of will on the part of Government authorities, including the police. In these cases, Government or police officials may themselves share the prevailing conservative and patriarchal views of the community in general towards women defenders and those working on women's rights or gender issues, and thus may have little or no enthusiasm to intervene effectively for their protection in spite of their obligation to do so.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 97
- Paragraph text
- In the Americas, the provisional and precautionary measures granted by the Inter-American Court for Human Rights and the Inter-American Commission for Human Rights respectively are seen as an effective recourse by some women defenders and those working on women's rights or gender issues. It is reported that these measures raise the visibility of their cases and can help obtain resources for their protection. However, a number of limitations to their effective implementation have also been reported from different sources, mainly the fact the women defenders and those working on women's rights or gender issues often have to be protected by the same institutions or State agents who have allegedly violated their rights. Factors such as this may discourage this group of defenders from utilising such mechanisms, and must be addressed.
- 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
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 99
- Paragraph text
- Considering the dearth of State-based resources for the protection of women defenders and those working on women's rights or gender issues, these defenders often have to take measures for their security into their own hands. Responses have indicated that women defenders and those working on women's rights or gender issues use support networks, including family, community and other defenders, to move away from their homes or bring their children to a safe place for a while if they think necessary. It is reported that in certain countries of the region, women defenders use shelters for abused women as safe places for themselves and their families.
- 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
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 100
- Paragraph text
- According to the information provided, these defenders in Honduras, Malaysia, Nicaragua and other countries have used various public strategies to keep themselves safe, including public denunciation; enhancing the visibility of their work through public campaigns; bringing cases before the Public Prosecutor; establishing strategic alliances with other national international organizations and actors to share relevant information; and sending cases to Inter-American Commission for Human Rights requesting precautionary measures.
- 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
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 101
- Paragraph text
- In some cases, women human rights defenders and those working on women's rights or gender issues must keep their human rights activities out of the public eye so as to mitigate the risks they face. For example, in certain countries they often declare their "social or political meetings" as meetings about childcare or similar since they are more accepted in their societies as corresponding to gender role, in order to avoid some of the pressure. In other countries, they refrain from public discussion of their activities in order to avoid drawing attention to it. Often, they use their family resources to keep themselves safe, including the escort of their family members.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Families
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 102
- Paragraph text
- Certain NGOs at the international, regional and national levels have developed tools and programmes such as accompaniment to defenders at risk, informal security patrols, trainings, publications and the creation of local networks for the protection of these defenders, among others, with a view to increasing their protection and their capacity to protect themselves. While such initiatives are commendable and often extremely effective, they are insufficient to replace the State's policies or programmes necessary to effectively address the security needs of this group of 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 103
- Paragraph text
- It should be noted that the various risks and challenges outlined above to which women human rights defenders and those working on women's rights or gender issues are exposed in attempting to carry out their legitimate and peaceful human rights activities cannot be conceived as of separate from the political, social, economic, environmental, and other systemic factors which produce and reproduce conflict, displacement, inequality, violence, patriarchal attitudes and practices which are at the root of these challenges. The security of such defenders is inherently linked to the security of their communities and can only be fully achieved in the context of a holistic approach which includes the deepening of democracy, the fight against impunity, the reduction of economic inequalities, and striving for social and environmental justice, among others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 105
- Paragraph text
- Based mostly of the review of the communications sent by the mandate during the period between 2004 and 2009, women defenders and those working on women's rights or gender issues seem to be more at risk of being threatened, including death threats, and being killed in the Americas region than in other parts of the world. Arrest and further judicial harassment and criminalization of the work of have been more commonly reported in Asia, sub-Saharan Africa, Europe and Central Asia. Moreover, these defenders also risk being exposed to the reported torture, mistreatment and widespread use of excessive force by State agents in the context of arrests and detention. Furthermore, women defenders face a greater risk of being subject to sexual harassment, sexual violence and rape.
- 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
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 9
- Paragraph text
- The principle of non-discrimination is explicitly enshrined in the Declaration in its third preambular paragraph and its article 8 (1). This principle is also endorsed in, among others, article 2 of the Universal Declaration of Human Rights, articles 2 and 26 of the International Covenant on Civil and Political Rights and article 2 (2) of the International Covenant on Economic, Social and Cultural Rights. The Special Rapporteur wishes to emphasize that this principle is fundamental to the rule of law and, accordingly, to the use of legislation to regulate the activities of human rights defenders. It is closely linked to the right to equality before the law, as provided for in article 7 of the Universal Declaration of Human Rights and articles 16 and 26 of the International Covenant on Civil and Political Rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 10
- Paragraph text
- Under the Declaration on Human Rights Defenders, everyone is entitled to protection under national law in peacefully opposing or reacting against human rights violations and abuses. Pursuant to article 12 (2), States are to 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 or de facto or de jure adverse discrimination. Through their legislation and the application of national law, States are required to protect individuals and associations acting to defend human rights.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 11
- Paragraph text
- Articles 3 and 17 of the Declaration provide that national legislative standards should be in compliance with the international human rights obligations of the State. The Special Rapporteur wishes to emphasize that any restrictions on the rights contained in the Declaration must be in accordance with applicable international obligations and determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society, pursuant to article 17 of 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 13
- Paragraph text
- As noted in the introduction to the present report, the Special Representative of the Secretary-General on Human Rights Defenders expressed deep concern about the impact of security legislation on the activities of defenders in her 2003 report to the General Assembly. She was concerned that the broad provisions contained in many of the newly adopted pieces of legislation enacted since 11 September 2001 gave wide discretionary powers to those enforcing the laws and could potentially be used to quell dissenting views critical of the Government (A/58/380, paras. 11 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 14
- Paragraph text
- Information received by the Special Rapporteur indicates that the concerns expressed have been warranted. Human rights defenders have been detained, arrested, prosecuted, convicted, sentenced and harassed by Governments under the guise of the enforcement of anti-terrorism legislation and other legislation relating to national security. In the past few years, defenders exercising their rights to freedom of expression, freedom of association and, to some extent, freedom of peaceful assembly have been at particular risk.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 15
- Paragraph text
- In some instances, the provisions outlined in anti-terrorism legislation are so broad that any peaceful act expressing views of dissent would fall under the definition of a terrorist act, or an act facilitating, supporting or promoting terrorism. In practice, such provisions severely restrict the right of individuals and associations to assemble peacefully to protest or raise awareness of a human rights issue. The interruption of traffic or the provision of public services, which in some cases constitute offences under such legislation, can thus be interpreted as acts of terrorism if they result from the holding of a peaceful demonstration in defence of human rights. This is a clear violation of article 15 of the International Covenant on Civil and Political Rights, which requires the principle of legal certainty about what constitutes a crime to be respected.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 17a
- Paragraph text
- [In this connection, the Special Rapporteur wishes to reiterate the criteria for defining terrorism established by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. In his 2006 report to the Commission on Human Rights (E/CN.4/2006/98), the Special Rapporteur emphasizes that the specificity of terrorist crimes is usually defined by the presence of the following two cumulative conditions, noting that it is only when the two conditions are fulfilled that an act may be criminalized as terrorism:] The means used, which can be described as deadly, or otherwise serious, violence against members of the general population or segments of it, or the taking of hostages;
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 17b
- Paragraph text
- [In this connection, the Special Rapporteur wishes to reiterate the criteria for defining terrorism established by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. In his 2006 report to the Commission on Human Rights (E/CN.4/2006/98), the Special Rapporteur emphasizes that the specificity of terrorist crimes is usually defined by the presence of the following two cumulative conditions, noting that it is only when the two conditions are fulfilled that an act may be criminalized as terrorism:] The intent, which is to cause fear among the population or to compel the Government or an international organization to do or to refrain from doing something, usually in the advancement of a political, religious or ideological cause.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 20
- Paragraph text
- The Special Rapporteur has been informed of such legislation being applied in countries to prevent democracy activists and members of the opposition from holding public assemblies. The grounds for justifying such bans are often unclear in the laws themselves, given that they tend to be limited to formulations such as "to avoid public disorder" or "to ensure that public services are not interrupted", without defining what amounts to "public disorder" or "interruption of public services". Such broad formulations provide grounds for applying the laws in question in an arbitrary and/or discriminatory manner. For example, supporters of the Government have not encountered the same restrictions as democracy activists and members of the opposition when organizing assemblies. Furthermore, in many cases, legislation on this issue provides authorities with wide-ranging powers to impose and enforce bans on assemblies for specific or even unlimited periods and in specific geographic locations.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 22
- Paragraph text
- Lastly, excessive use of force by law enforcement officers continues to pose a serious problem during public assemblies. States should ensure that the legal framework contains effective and non-discriminatory provisions governing oversight and accountability of officials, especially with regard to their response to public demonstrations and displays of dissent. Any reported excessive use of force in the context of public assemblies should be investigated and prosecuted in a prompt, impartial and independent manner in order to hold perpetrators to account. Beyond this, the Special Rapporteur reiterates the position of the Special Rapporteur on the rights to freedom of peaceful assembly and of association that States have a positive obligation to actively protect peaceful assemblies. This obligation implies a responsibility to protect participants from individuals and groups aiming to disrupt or disperse such assemblies (ibid., paras. 33-38). Such an obligation should be enshrined in the applicable legislation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 24
- Paragraph text
- The right to freedom of opinion and expression is also seriously compromised in a number of countries under legislation relating to national security and under the criminal code. With the growing prominence of social media and other online communication tools, States have sought to regulate these, often with detrimental consequences for the activities of defenders. Provisions that criminalize the publication of articles or photos that could harm national security, public order, public health or public interest, incite violence, constitute sedition or have negative consequences for the financial climate of the country are overly broad and restrictive. Not only do such provisions limit the ability of human rights defenders to express their opinion about human rights issues, they also make it difficult for defenders to know what is acceptable under the law and hence lead to self-censorship.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 25
- Paragraph text
- Arrest, detention and prosecution procedures under anti-terrorism and other legislation related to national security tend to limit access to persons prosecuted under such legislation and to information justifying their arrest. Applicable legislation typically also allows a person to be detained for an extended period without having formal charges brought against him or her. Access to a lawyer might be restricted or not allowed at all. This has serious implications for human rights defenders providing legal assistance and working to monitor prisons and detention facilities, given that they are often unable to see their clients or verify their detention conditions. The Special Rapporteur recommends that States allow civil society, community-based groups and the national human rights institution, if such an entity exists, access to persons detained under such legislation.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 27
- Paragraph text
- There is a continued risk that the limitations placed on legal proceedings through many pieces of legislation relating to national security may jeopardize procedural safeguards, including the right of access to a lawyer, the maximum period of pre-charge detention and the right to habeas corpus. In addition to placing constraints on defenders providing legal assistance to persons detained in this context, the Special Rapporteur continues to receive reports of individuals detained under legislation relating to national security for having conducted peaceful activities in defence of human rights.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 29
- Paragraph text
- Penal codes in many States contain articles whose declared objective is to preserve public morals and cohesion, with punishments ranging from fines to years of imprisonment and, in some cases, even the death penalty. In recent years, various pieces of legislation have been enacted to bring about further restrictions in the name of public morals, notably with regard to homosexuality, access to contraceptive methods, abortion, cross-dressing and gender reassignment surgery, and the provision of information regarding sexuality and sexual and reproductive health through formal or non-formal education. Such legislation has considerable implications for human rights defenders working to combat discrimination, on issues relating to sexual orientation and gender identity, and on sexual and reproductive rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- LGBTQI+
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 30
- Paragraph text
- The situation of defenders working on the promotion and protection of human rights of lesbian, gay, bisexual and transgender persons continues to be volatile, given that same-sex relations between consenting adults are currently criminalized in more than 75 countries worldwide. In recent years, there have been legislative moves in several countries that have further curbed the activities of defenders working on these issues. Such laws typically make it a crime to operate associations working to defend lesbian, gay, bisexual and transgender rights and often contain vaguely worded provisions criminalizing individuals who promote homosexuality or facilitate, condone or even simply witness same-sex relationships. Besides the purported justification of preserving public morals, some of these laws expressly forbid promotion of homosexuality among minors. Such measures link homosexuality to paedophilia, which are two completely unrelated phenomena. This stigmatizes lesbian, gay, bisexual and transgender people and considerably discredits the work of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 33
- Paragraph text
- The right to freedom of peaceful assembly faces considerable limitations under the laws in question. In countries practising a regime of authorization for public assemblies, defenders seeking to organize public meetings, marches and demonstrations in favour of equal rights for lesbian, gay, bisexual and transgender people, or to hold pride marches and festivals, are routinely denied permission to hold such events. Reasons cited include the need to uphold public morals and the risk of counter-protests. Human rights defenders who have defied such bans on public assemblies have, in many cases, been arrested and, in some cases, convicted under the applicable legislation relating to preservation of public morals. The Special Rapporteur wishes to stress that, on the basis of the principle of non discrimination, these justifications are insufficient to prevent such assemblies from taking place. If security risks are involved, it is the duty of the State to provide protection to those exercising their right to assemble peacefully, pursuant to article 12 (2) of the Declaration on Human Rights Defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 34
- Paragraph text
- It should also be noted that, in some countries, such legislation currently exists in draft form only. In some cases, legislation has been pending in parliament for several years. In the Special Rapporteur's view, however, even in draft form such legislation risks having a chilling effect on the situation of human rights defenders working on sexual orientation and gender identity issues. The same applies in cases in which legislation is in place but has not been used for several years. Given that this situation continues to negatively affect the work of human rights defenders, the Special Rapporteur recommends that such laws be repealed.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 36
- Paragraph text
- Defenders of sexual and reproductive rights also experience constraints resulting from legislation seeking to preserve public morals. Associations promoting such rights have faced restrictions for having handed out information about abortion and referred women to appropriate medical facilities. In many cases, lawsuits have been brought by individuals, organizations and State actors, claiming that such activities are against the law. Medical and health-care professionals have faced similar actions because they have discharged their functions. The Special Rapporteur has observed that this has also taken place in countries in which sexual and reproductive rights, including the right to abortion, are guaranteed in the national legal framework. This is particularly distressing because, as noted by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, women are the main receivers of these services and by being denied access to them they face discrimination and disempowerment (A/66/254, paras. 16 and 17).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 37
- Paragraph text
- Sexual and reproductive rights defenders thus play a significant role in ensuring respect for women's human rights. Such activities should not be subject to criminal sanctions. Furthermore, States with a legal framework guaranteeing sexual and reproductive rights need to ensure that such legislation is enforced without discrimination. Judicial harassment against sexual and reproductive rights defenders should not be tolerated, and judges and prosecutors have a key role in this regard. The Special Rapporteur also wishes to emphasize that medical and health-care professionals are protected under article 11 of the Declaration on Human Rights Defenders, according to which everyone has the right to exercise his or her occupation or profession, in compliance with relevant national and international standards of occupational and professional conduct or ethics, including human rights standards.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 38
- Paragraph text
- The role of human rights defenders in disseminating information about sexual and reproductive rights, whether as part of State institutions set up for this purpose, through non-governmental organizations or through the formal education system, needs to be clearly defined in legislation relating to public morals to ensure that such activities are not criminalized. Defenders who provide evidence-based sexual and reproductive health information and education should in no circumstances face criminal sanctions, in line with article 6 (b) of the Declaration on Human Rights Defenders (see also A/66/254, para. 65).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 39
- Paragraph text
- Freedom of association is a fundamental right protected under article 5 (b) of the Declaration on Human Rights Defenders, in addition to numerous other international instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The ability of human rights defenders to associate under national legislation is of utmost importance, underscored by the fact that most provisions in the Declaration on Human Rights Defenders emphasize the rights of human rights defenders to engage in activities individually and in association with others (arts. 5-9, 11-13 and 17).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 40
- Paragraph text
- As noted in the introduction to the present report, the Special Rapporteur has in two previous reports focused on the issue of freedom of association (A/59/401 and A/64/226). The Special Rapporteur on the rights to freedom of peaceful assembly and of association issued an extensive report to the Human Rights Council in 2012 that contained best practices relating to, among other things, the right to freedom of association (A/HRC/20/27, paras. 51-76). Accordingly, the Special Rapporteur deems it unnecessary to further elaborate on the issue herein. She notes, however, that the recommendations made in the reports are far from being fully implemented. In fact, it appears that recent legislative developments in various countries are further restricting the right to associate freely. In the following section, the Special Rapporteur provides observations in this regard and assesses how the latest developments correspond to provisions outlined in the Declaration on Human Rights Defenders and other relevant international human rights instruments.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 41
- Paragraph text
- Information received by the Special Rapporteur indicates that defenders who operate individually or as part of associations that are not registered with the Government are criminalized in several countries. Generally, such activities are punishable under the penal code or the law on associations. They are, in some cases, linked to national security or public order, to which associations, in vaguely worded terms, are deemed to pose a threat. In most cases, however, the penal code or the law on associations forbids activities by associations that are not registered with the authorities and imposes penalties ranging from fines to prison sentences and, in one instance, death.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 42
- Paragraph text
- The Special Rapporteur has previously argued that the insistence by a Government that informal groups must register reflects an intention to control their activities and deter groups that are critical of the Government from expressing themselves (A/64/226, para. 60). The Special Rapporteur calls upon States to repeal laws criminalizing unregistered associations working towards the realization of human rights. It should be up to the associations themselves to decide whether they wish to register in order to benefit from the advantages of being a registered association.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 44
- Paragraph text
- The Special Rapporteur is concerned that, through new laws that have recently been passed or are under discussion, Governments are increasingly seeking to restrict the thematic areas upon which associations are permitted to work. Examples include prohibition from engaging in political activities, from defending political rights and from including human rights in the association's objectives. In the Special Rapporteur's view, such provisions are contrary to the spirit of human rights, notably the principles of indivisibility, interconnectedness and interdependence, which emphasize that all human rights are equally important and cannot be separated. Furthermore, they violate the right of human rights defenders to non discrimination. The Special Rapporteur urges the States in question to remove such registration criteria from their legal framework.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 45
- Paragraph text
- Submissions for registration of associations need to be assessed in a timely and independent manner. The body responsible for dealing with associations should be independent of the Government. It should be set up in close consultation with human rights defenders, including independent members of civil society, who should also play a significant part in the assessment of the submissions. As argued by the Special Rapporteur on the rights to freedom of peaceful assembly and association, legislation should stipulate the acceptable time frame for assessing a submission and, if this time frame is not respected by the responsible body, associations should be assumed to be operating legally (A/HRC/20/27, para. 60).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 46
- Paragraph text
- Another development in recent legislation is that the authorities are being granted extensive powers to supervise the activities of associations. In many cases, additional reporting requirements are imposed on associations in order for them to retain their licence. In the most extreme cases, the Government is authorized by law to place associations under surveillance, to force them to take management decisions and to demand any documents in an association's possession, without prior notice. The Special Rapporteur believes that such provisions amount to a serious infringement of the right to freedom of association. She reiterates the recommendation by the Special Representative that the only legitimate requirements that should be imposed on associations should be to ensure transparency (A/59/401, para. 82 (l)).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 49
- Paragraph text
- The Special Rapporteur is very concerned about such developments. They profoundly and negatively affect the work of human rights defenders, who are often dependent on funding from abroad to conduct their activities owing to a lack of available domestic sources. She urges States to respect article 13 of the Declaration on Human Rights Defenders, which states in clear terms that everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the Declaration. Both the Special Representative and the Special Rapporteur on the rights to freedom of peaceful assembly and of association have emphasized the principle that non governmental organizations should be entitled to foreign funding to the same extent as Governments (see A/59/401, para. 82 (l), and A/HRC/20/27, para. 69, respectively). The Special Rapporteur agrees completely with this position.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 54
- Paragraph text
- Furthermore, official-secret legislation should in no circumstances be used as a tool to silence voices of dissent and persecute human rights defenders. The responsibility to protect information deemed to be secret should lie with Governments, and State officials responsible for this should be held accountable. Human rights defenders, including journalists and media workers, should never be held liable for publishing or disseminating such information. This should also hold true in cases in which the information has been leaked to them, unless they committed a crime to obtain the information.2
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 55
- Paragraph text
- Some information may legitimately be withheld from the public if its dissemination represents a risk to national security, public health or morals or protection of other overriding interests. Such provisions should, however, be clearly defined in official-secret legislation, which should also indicate the precise criteria to be used in determining whether information can be declared secret. In line with articles 6 and 14 of the Declaration on Human Rights Defenders, official-secret legislation should never be used to prevent the disclosure of information that is in the public interest.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 56
- Paragraph text
- The attention of the Special Rapporteur has been drawn to recent cases in which human rights defenders have been charged with defamation and, in some cases, blasphemy because they have published articles, blog entries or tweets or expressed opinions in public. The purpose of defamation legislation is to protect an individual's reputation from false and malicious attacks, which, according to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, is a valid reason for restricting freedom of expression (A/HRC/20/17, para. 83). He has also observed that almost all countries have some form of defamation legislation in place under various terms, including libel, calumny, slander, insult, desacato or lese-majesty. He has further noted that the problem with defamation cases is that they frequently mask the determination of political and economic powers to retaliate against criticisms or allegations of mismanagement or corruption, and to exert undue pressure on the media (ibid.).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 58
- Paragraph text
- Defamation has been decriminalized in several countries in recent years, a development welcomed by the Special Rapporteur. Provisions under civil law continue, however, to be used to target human rights defenders. In several cases, defenders have been ordered to pay fines that are largely disproportionate to the offence committed. The Special Rapporteur shares the concern expressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression that high and disproportionate financial sanctions risk bankrupting small media outlets, including outlets set up expressly to report on human rights issues, and therefore represent a considerable threat to freedom of expression (ibid., para. 85). Consequently, she calls upon States to ensure that penalties for defamation under civil law are limited in order to ensure proportionality to the harm done.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 59
- Paragraph text
- In several countries, statements that undermine religion and/or call religious laws and rulings into question are punished severely by blasphemy legislation. While recognizing the right to freedom of religion and belief, the Special Rapporteur insists on the right of human rights defenders to discuss human rights ideas and issues, including religious practices that might be in contravention of international human rights standards, pursuant to article 6 of the Declaration on Human Rights Defenders. The Special Rapporteur is particularly concerned about the situation of defenders of women's human rights, given that those speaking out against abuses against women in this connection tend to face harsh punishments, including long prison sentences.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Activists
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 60
- Paragraph text
- The Special Rapporteur expresses deep concern that provisions of defamation and blasphemy legislation continue to have a devastating effect on the situation of human rights defenders in many countries. The risk of being prosecuted under such laws leads to self-censorship among defenders, which hinders sincere and profound debates about human rights issues. Such debates being an integral part of the upholding of human rights, the Special Rapporteur calls upon States to revise these laws in accordance with the recommendations made herein.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 61
- Paragraph text
- Over the past decade, the Internet has become an indispensable tool for the work of many human rights defenders, especially as a means of imparting views, sharing information about human rights and human rights violations and connecting with other human rights defenders. Its potential to assist human rights defenders and the rest of society in bringing about developments favourable to the human rights situation in a community or country is enormous. The Special Rapporteur is therefore disappointed at the broad restrictions applied to Internet access in numerous countries, including to association, news and social networking websites and blogs. In this context, the Special Rapporteur calls upon States to consider carefully what restrictions are truly necessary, noting that the criteria set out by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in his 2011 report to the General Assembly (A/66/290, para. 15) should be followed closely to this end.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 62
- Paragraph text
- The Special Rapporteur is also concerned that personal information about human rights defenders obtained through social networking and other websites might compromise their security, especially in the light of new legislative developments authorizing Governments to widely monitor websites in several countries. States should show utmost restraint in this regard and, above all, ensure that such legislation is not used to clamp down on human rights defenders. The above-mentioned criteria developed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression are useful also in this regard.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 64
- Paragraph text
- The principle of legality is enshrined in article 15 of the International Covenant on Civil and Political Rights, which provides that no one is to be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. In accordance with the principle of legality, all legislation must be clearly defined, determinable and non-retrospective. Any law that fails to meet this basic criterion does not comply with the legality principle. Laws must give fair warnings to citizens of the nature of the conduct declared to constitute a criminal or civil offence. Furthermore, in the definition of an offence, the law must stipulate achievable limits on conduct, so that individuals are able to adapt their behaviour within reasonable limits.
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 66
- Paragraph text
- Pursuant to article 15 of the Covenant, the principle of legality prohibits retroactive application of crimes and penalties. To incur criminal responsibility, behaviour must be prohibited and carry criminal sanction at the time of conduct. Article 15 further provides that no heavier penalty may be imposed than that applicable at the time at which the criminal offence was committed. This requires legislation to be enforced in a regular and consistent manner, with penalties handed down as prescribed for in the applicable legislation. The principle therefore protects individuals from State abuse and interference, while ensuring the fairness and transparency of the judicial authority.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that States have an obligation to ensure that all legislation, including criminal legislation, complies with the principle of legality. For individuals to conduct their lives, including their activities in defence of human rights in a predictable manner, either individually or in association with others, States must ensure that legislation is consistent, reasonable and easily understood by the general public. Consequences of broadly defined laws include the impairment of rights protected under the Declaration on Human Rights Defenders and loopholes within the legal system that could be used to harass and intimidate defenders.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 68
- Paragraph text
- The principle of necessity is used in numerous areas of international law and has been invoked by international tribunals in case law. It requires States to ensure that acts that are not in conformity with international obligations are committed as the only way to safeguard an essential interest of the State against a grave and imminent peril, as codified by the International Law Commission in article 25 (1) (a) of its draft articles on responsibility of States for internationally wrongful acts. Article 25 (1) (b) requires States to ensure that such an act does not impair an essential interest of another State or of the international community.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 69
- Paragraph text
- The Special Rapporteur concurs with the view of the Special Rapporteur on the promotion and protection of human rights while countering terrorism that specific counter-terrorism legislation should be enacted only following serious consideration of whether it is necessary and that the rule of law also prescribes that the laws restricting the rights to freedom of association and assembly must establish the conditions under which those rights can be limited. Restrictions that would be compatible neither with the law nor with the requirements set out in articles 21 and 22 of the International Covenant on Civil and Political Rights themselves would be in violation of the Covenant (A/61/267, para. 18). The Special Rapporteur is of the opinion that this applies also to other forms of legislation, which should be subject to similar scrutiny on the basis of the principle of necessity before being enacted.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 70
- Paragraph text
- While the principle of necessity aims to assess whether the objective of a law is necessary, the principle of proportionality looks at the degree to which the repercussions of the law are proportionate to its objective. In this way, it endeavours to balance individual rights and the interests of the general public. Regional human rights mechanisms have developed interesting models to assess proportionality, such as the "margin of appreciation" applied by the European Court of Human Rights and "the just exigencies of a democratic society" in the case of the Inter-American Court of Human Rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 71
- Paragraph text
- In the Special Rapporteur's view, the principle of necessity requires the State to show that the desired result is necessary and that the law in question is the best available means of achieving that result. It must be demonstrated that the impact of the law is as targeted as possible, thereby impairing the exercise of the affecting rights as little as possible. Furthermore, in accordance with the principle of proportionality, the impact of the restrictions must be proportionate and the harm caused by the restrictions cannot outweigh the benefits derived from applying the restrictions. The ability of individuals to exercise their rights to freedom of expression, association and peaceful assembly is an assessment of paramount importance, which the State needs to make as early as possible to ensure that those rights are not impaired.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 73
- Paragraph text
- While exceptional measures are permissible in such circumstances, States are required to fulfil requirements as established in law to ensure that during times of emergency derogation clauses do not create a legal vacuum. In particular, States are required to qualify the level of severity, temporariness, proclamation and notification, legality, proportionality, consistency with other obligations under international law, non-discrimination and, lastly, non-derogability of certain rights recognized as such in the relevant treaty. The system of derogation aims to ensure that the rights of individuals are protected during times of crisis by placing reasonable limits on the powers of Government to protect national security.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 76
- Paragraph text
- The Special Rapporteur underlines that, to comply with their obligations under international human rights law, States also need to respect the principle of non discrimination, as outlined in section II above. Notably, beyond discriminatory provisions that are prohibited under international law, States should not adopt provisions that can be shown to have a discriminatory effect at their outset. This is made clear in article 12 (2) of the Declaration on Human Rights Defenders, under which States are obliged to provide protection against both de facto and de jure adverse discrimination. The Special Rapporteur notes the importance of broad consultations with civil society in drafting legislation and the willingness of the Government to incorporate feedback from civil society in this regard.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 78
- Paragraph text
- The Special Rapporteur notes that, in some cases, defenders have successfully challenged the constitutionality of oppressive laws, notably in national constitutional courts, often rooted in the argument that the applicable law infringed basic human rights guaranteed in a country's constitution. Such avenues of recourse should be easily accessible to individuals and associations seeking to defend human rights. These procedures being an integral part of the rule of law, States should do their utmost to make them easily accessible to ordinary citizens and their legal representatives.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 79
- Paragraph text
- Procedural safeguards, including time limits for investigations and the obligation to inform suspects that they are under investigation, are built into criminal legislation in many countries. They are designed to prevent the use of unreliable evidence and to oblige prosecutors to consider evidence impartially. These basic precautions are often ignored, however, with prosecutors in many countries frequently detaining defenders for longer periods than permitted and conducting investigations without informing the defender of the nature of the inquiry carried out or of the subsequent charges.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 81
- Paragraph text
- Furthermore, in some circumstances, prosecutors fail to inform defendants of the charges against them once the preliminary investigation has been completed or even after they have been arrested. Of particular concern is the practice in some States whereby prosecutors, in addition to other Government officials, equate the promotion of human rights with subversive behaviour, publicly describing defenders as, among other things, terrorists or anti-nationalists, even before a trial has begun. Such behaviour renders a fair trial impossible and breaches the presumption of innocence by which all prosecutors and judicial authorities must abide.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 82
- Paragraph text
- The Special Rapporteur also emphasizes the role of judges in ensuring that procedural safeguards are respected. As observed by the Special Rapporteur on the independence of judges and lawyers in her 2011 report to the General Assembly (A/66/289), judges are obliged under international law to ensure fundamental rights are enjoyed without discrimination. She stated that that entailed a proactive duty to ensure that they were upholding international equality and non-discrimination standards in both case deliberations and the application of court procedures. She pointed out that judges could recommend the repeal or amendment of a law or rule if inconsistent with international human rights standards (ibid., para. 38). This is an important procedural safeguard to ensure that unfounded and politically motivated charges are not brought against individuals for having acted in defence of human rights.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 102
- Paragraph text
- States should ensure that civil society, national human rights institutions and other stakeholders are involved in a broad consultative process to ensure that the drafting of new legislation is in compliance with the Declaration on Human Rights Defenders and other applicable international human rights instruments. States should provide adequate time for such stakeholders to analyse the implications of the draft law in question and ensure that feedback is easy to provide and taken into account in the preparation of the law.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 21
- Paragraph text
- The mandate holder since the inception of the mandate has highlighted the need to pay special attention to selected groups of human rights defenders who seem to face extraordinary risks due to the work that they do and the contexts in which they operate. This has been done through thematic reports, reports on fact-finding visits to countries and through communications sent to Governments. Both mandate holders have seen this approach as a necessary recognition and an attempt to contribute to the protection of those defenders most exposed to attacks and violations.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 23
- Paragraph text
- In 2008, the Special Rapporteur presented her first report to the General Assembly (A/63/288), in which she laid down her vision for the mandate. In that report, she indicated that she would maintain and strengthen the focus of the mandate on those groups of defenders most exposed to risks. At that stage, she also identified several groups of defenders particularly targeted for their activities, including women human rights defenders; those working to promote economic, social and cultural rights, including land and environmental issues; and those defenders working for the rights of indigenous peoples and minorities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 25
- Paragraph text
- This section focuses primarily on an analysis of the communications sent by the mandate holder during the period December 2006-May 2011 concerning the selected groups of defenders and their family members, that is, journalists and media workers; defenders working on land and environmental issues; and youth and student defenders. The analysis aims at identifying the nature of the activities carried out by the alleged victims, as well as the reported violations and perpetrators, with a view to identifying possible trends, including patterns of impunity that may emerge.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 26
- Paragraph text
- The data used and trends identified in this report are based mostly on the allegations received and acted upon by the mandate holder. It therefore does not aim to capture the full picture of the situation of these defenders 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 gravity of many of the allegations received, including in cases wherein the facts may have been disputed. Where it is deemed necessary, numbers of communications and regions and States to which they were sent have been mentioned.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 32
- Paragraph text
- The mandate holder has stated on various occasions that, although many professional activities do not involve human rights work all of the time, they can have occasional links to the defence of human rights. In this regard, journalists and media workers can be considered as human rights defenders when, through their activities, they promote human rights in general and strive to protect the rights of others. The mandate holder has also frequently underlined the important role of journalists and media workers in the promotion and protection of human rights. On the one hand, their work can help protect people when their lives or rights are threatened or whose work is being unduly hindered. On the other hand, journalists and media workers have the means to effectively raise awareness about the work of defenders and the Declaration on Human Rights Defenders.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 33
- Paragraph text
- Today, journalists and media workers can employ a wide array of means of communication, including printed media, radio, television, Internet, social media and other communication technologies in order to report on human rights issues. Moreover, technologies that were once exclusively used by a limited number of professionals are now widely available. People all over the world without formal media qualifications are, in certain instances, playing a key role in the gathering and dissemination of essential information for the defence of human rights and fundamental freedoms.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 34
- Paragraph text
- Because of the potential impact on society that journalists and media workers can have by disseminating information about human rights through a wide array of media, those individuals are often threatened, wounded and killed in an attempt to silence their voices. In this regard, the Special Rapporteur is alarmed at the increase in the number of communications sent by the mandate holder between 2007 and 2011 concerning attacks, attempted killings and killings of journalists and media workers while performing their duties.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 35
- Paragraph text
- Between 2007 and May 2011, the Special Rapporteur sent 206 communications, including urgent appeals and allegation letters, on journalists and media workers who act as human rights defenders. These communications were sent to 67 States, and, at the time of writing, 90 responses had been received, of which 80 could be considered substantive responses, which indicates a response rate of less than 40 per cent. Of the 206 communications sent, 56 communications were sent to the Middle East and North Africa region (27 per cent), 43 communications were sent to the Asia Pacific region (20.8 per cent), 39 communications were sent to the African region (18.9 per cent), 36 communications were sent to the Americas (17.4 per cent) and 32 communications were sent to Europe and Central Asia (15.5 per cent).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 37
- Paragraph text
- Journalists and media workers have been targeted because of their reports on human rights violations or because they were witnesses to human rights violations themselves. The mandate holder has received information on investigative journalists and media workers targeted for their research on topics such as crime, corruption, trafficking, torture, impunity, environmental issues and forced evictions. Often, journalists and media workers have been arrested and detained for monitoring demonstrations. Other journalists and media workers were targeted for participating in non-governmental organizations (NGOs), their democratic activism or working and advocating for the rights of certain groups of people, such as minorities.
- 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
- Ethnic minorities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 38
- Paragraph text
- According to the information received by the mandate holder, there are certain contexts in which journalists and media workers seem to be more exposed to violations, such as armed conflicts (Colombia, Somalia); situations of unrest in connection with a coup d'état (Honduras); and during and in the aftermath of elections (Belarus, Ethiopia, Islamic Republic of Iran, Tunisia). Other journalists and media workers who suffered violations and abuses were trying to promote and defend human rights in the context of peacebuilding in post-conflict societies (Democratic Republic of Congo and Iraq).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 40
- Paragraph text
- According to the information received by the mandate holder during the reporting period, journalists and media workers active on human rights issues were subject to killings, attacks, disappearance, abduction, torture and ill-treatment. Of the 206 communications sent, 24 cases referred to killings (Americas 10, Europe and Central Asia 5, Middle East and North Africa 3, Africa 3, Asia 4) and 33 to physical attacks, including attempted killings, excessive use of force during demonstrations and physical abuse (Asia Pacific 10, Americas 6, Europe and Central Asia 6, Middle East and North Africa 6, Africa 5). A number of communications dealt with journalists and media workers who were abducted or disappeared.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 42
- Paragraph text
- Other journalists and media workers were subjected to arrest, detention and interrogation. During the period, 68 communications reported the use of arrest, often arbitrarily, as a tool to silence their voices (Middle East and North Africa 29, Africa 19, Asia Pacific 12, Europe and Central Asia 7, the Americas 1). Of these communications, 16 were sent to the Islamic Republic of Iran. Moreover, during the reporting period, the mandate holder sent various communications with allegations that police, secret service officials and members of the security forces repeatedly summoned journalist and media workers to their offices to interrogate them (Africa 5, Asia Pacific 3, Europe and Central Asia 1, Middle East and North Africa 1).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 45
- Paragraph text
- In connection with the above, the mandate holder sent various communications (Middle East and North Africa 4, Europe and Central Asia 3, Africa 3, Asia Pacific 1) regarding the lack of due process and judicial guarantees, including no access to lawyers or detention without charges. Moreover, 18 communications sent during the period contained allegations that journalist and media workers were sentenced, at times heavily, due to their human rights activities (Middle East and North Africa 9, Asia Pacific 4, Africa 3, Europe and Central Asia 2).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 49
- Paragraph text
- Moreover, journalists and media workers were subjected to various forms of intimidation and harassment. For instance, they faced obstacles to carrying out their work, such as the closure of their offices and newspapers; censorship on media coverage and disruption of internet connections; prohibition to freely cover protests and demonstrations; and restriction to their freedom of movement including deportation. In this respect, the mandate holder sent 11 communications on intimidation and harassment of journalists and media workers (Americas 4, Middle East and North Africa 3, Asia Pacific 2, Europe and Central Asia 1, Africa 1). In some instances, as a means of intimidating journalists and media workers, their families were also targeted (Africa 2, the Americas 1, Middle East and North Africa 1, Asia Pacific 1).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 50
- Paragraph text
- Women journalists and media professionals working on human rights issues also appear to be exposed to risks as a result of their work. This group includes women investigative journalists working on human rights-related issues, women columnists advocating human rights reform, women reporters monitoring and reporting on violations of human rights and women bloggers (see A/HRC/16/44). Of the 206 communications sent during the reporting period, women journalists and media professionals were the subject of 41 communications or about 20 per cent of the cases (the Americas 11, Asia Pacific 9, Middle East and North Africa 9, Africa 6, Europe and Central Asia 6). These women were mostly summoned by the police and arrested in connection with their activities and criminally charged, often for defamation. They also received threats, including death threats, their offices were raided and their freedom of movement was unduly restricted.
- 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
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 51
- Paragraph text
- Of the 206 communications sent during the reporting period, in 138 communications (67 per cent) the alleged perpetrator was connected to the State, including local, regional or national Government officials, police authorities, members of the army, immigration officials and members of national intelligence. By region, allegations received indicate that perpetrators tend more often to be State actors in the Middle East and North Africa region (53 out of 56 cases - 94.6 per cent), most notably in the Islamic Republic of Iran (22), followed by Africa (32 out of 39 - 82 per cent), Asia Pacific (25 out of 43 - 58.1 per cent), Europe and Central Asia (17 out of 32 - 53.1 per cent) and the Americas (11 out of 36 - 30.5 per cent).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 52
- Paragraph text
- According to the information received by the mandate holder during the period, those journalists and media workers who continue to suffer more at the hands of State actors are the ones exposing human rights violations by the State, who have advocated for the transparency of public institutions or demanded the accountability of public officials. Certain States continue to claim that reports of alleged human rights abuses by members of Government or statements critical of the human rights impact of Government security policies constitute information whose publication could be a threat to national security. In this regard, laws restricting printing and publication are still used to curtail the freedom of the press. Any opinion perceived to differ from State ideology continues to be branded as a security concern and used as a justification to unduly restrict the right to freedom of opinion and expression (see, for example, A/58/380).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 53
- Paragraph text
- Attacks on journalists and media workers are becoming ever more serious in nature, and non-State actors seem to be more and more active in this respect. Terrorist organizations, gangs, drug-traffickers, and extremist religious and political groups have added themselves to the list of those committing abuses and violations against journalists and media workers who act as human rights defenders. In this connection, of the 206 communications sent during the reporting period, 17 communications referred to violations committed by non-State actors, of which a large part were sent to countries in the Americas (13) but also in the Asia Pacific region (2) and Europe and Central Asia (2).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 58
- Paragraph text
- In the Europe and Central Asia region, journalists and media workers who were targeted focused their work mainly on monitoring demonstrations, democratic governance, investigative journalism, corruption, human rights violations committed by the State, environmental issues and minority rights. They were also targeted for exercising their right to freedom of opinion and expression, including through the Internet. The mandate holder sent the highest number of communications to the Russian Federation (9), followed by Uzbekistan (7).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 59
- Paragraph text
- Concerning the Middle East and North Africa region, journalists and media workers were targeted mainly because of their activities monitoring demonstrations, denouncing human rights violations committed by the State, working on women's rights, minority rights, corruption and advocating for democracy. They were also targeted for exercising their right to freedom of opinion and expression, including through the Internet. In this region, the mandate holder sent the highest number of communications to the Syrian Arab Republic (6) and Yemen (6).
- 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
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 60
- Paragraph text
- The two International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights share a common article 1 which provides, inter alia, that "all peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence".
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 62
- Paragraph text
- As the Special Representative had highlighted, the protection accorded to defenders by the Declaration on Human Rights Defenders is not dependant on whether the focus of the work of the defender(s) in question is on civil and political rights or economic, social and cultural rights. All peaceful actions by defenders to call attention to possible failures of the State to create the necessary social and economic conditions for the enjoyment of rights and freedoms in practice are legitimate and fall within the scope of the Declaration (A/HRC/4/37, paras. 27-30).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 63
- Paragraph text
- The Special Rapporteur is aware of the particular risks that these defenders face, often at the hands of non-State actors or unknown individuals acting in collusion with them. She has received, and continues to receive, allegations indicating that security guards employed by oil and mining companies allegedly use death threats, acts of intimidation and attacks against defenders who denounce the perceived negative impact of the companies' activities on the enjoyment of human rights by local communities (A/65/223, paras. 9-12).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 64
- Paragraph text
- Between December 2006 and May 2011, a large number of communications sent during the reporting period (106) concerned alleged violations against defenders and activists working on land and environmental issues. According to the information received, this group is thoroughly heterogeneous. It includes defenders carrying out a vast range of activities related to land and environmental rights, including those working on issues related to extractive industries, and construction and development projects; those working for the rights of indigenous and minority communities; women human rights defenders; and journalists.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 65
- Paragraph text
- Therefore, this section of the report has been structured on the basis of the different subgroups identified, with each subsection including information on profile of activities, alleged violations, perpetrators and regional trends. It is also worth mentioning that there is certain overlap between the different subgroups, particularly between the group of those defenders working on issues related to extractive industries and construction and development projects and those working for the rights of indigenous and minority communities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 67
- Paragraph text
- The violations reported were the result of activities connected to different extractive industries, construction and development projects, including hydroelectric power stations and cement factories (Guatemala, Brazil); dams (Brazil, India); dumps (Mexico); gas pipelines (Brazil); gated communities and marinas (Bahamas); residential and leisure complexes (Mexico); the operation of mines (China, Mexico, Ecuador, Papua New Guinea, Peru); nuclear power plants (Philippines) and the production of oil and petrol (China, Nigeria, Peru), as well as logging (Brazil, Cambodia, Honduras, Mexico).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 68
- Paragraph text
- According to the information received, defenders working on such issues seem to face a high risk of violations to their physical integrity, including attempted killings (Brazil, Ecuador), killings (Brazil, Cambodia, Ecuador, El Salvador, Honduras, Mexico, Philippines), attacks (Brazil, Mexico, Papua New Guinea), assault and ill-treatment (Philippines), and excessive use of force by the police during demonstrations (India). They have also been subjected to threats and death threats (Brazil, El Salvador, Guatemala, Mexico, Nigeria, Peru, Philippines) and different forms of intimidation (Peru, Bahamas, Brazil, Guatemala, Papua New Guinea) and harassment (China, Mexico, Peru).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 69
- Paragraph text
- In some instances, these defenders have suffered raids on their homes (China, Nigeria) and have had their houses destroyed by fire (Guatemala). In the Americas region, they have often been stigmatized by campaigns against them (Guatemala) and statements made by public officials (Peru). They have also faced criminalization on charges of extortion and blackmailing (China), espionage (Angola), defamation (Cambodia), terrorism (Peru) and intent to sell drugs (Bahamas). Others have been subjected to arrest and arbitrary detention (Ecuador, India, Mexico, Nigeria).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 71
- Paragraph text
- Defenders working on land and environmental issues in connection with extractive industries and construction and development projects in the Americas were the subject of most of the communications (21) within the group during the reporting period. They also faced the highest risk of death as a result of their human rights activities. Seven of the 21 communications sent were related to killings, six of which were sent to the Americas. This particular group of defenders in this region also faced a wide range of other violations such as death threats, attacks, attempted killings, intimidation, harassment, as well as stigmatization and discrediting campaigns.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 80
- Paragraph text
- In terms of regional trends, of the 29 communications sent concerning this group of defenders, 18 were sent to the Americas region (Chile 3, Guatemala 3, Peru 3, Mexico 2, Colombia 2, Brazil 3, Honduras 1, Plurinational State of Bolivia 1) and, of these, 10 dealt with killings, while others concerned death threats and threats (Brazil, Chile, Peru) and criminalization (Chile) and defamation (Guatemala). Nine communications were sent to the Asia Pacific region, including to Bangladesh (2) Malaysia (1), India (2), Nepal (1) and Cambodia (1). One of the communications expressed concern regarding an alleged killing (Malaysia) and four dealt with detention of defenders (India 2, Bangladesh and Nepal). Two communications were sent to the African region namely to Nigeria and the United Republic of Tanzania.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 82
- Paragraph text
- These women defenders were active in negotiations with local authorities to resolve land conflicts (900 women in Brazil, Colombia Guatemala, India) and denouncing land-grabbing (China); working for reparations for indigenous people (India, Nepal and Peru) and denouncing encroachments on their lands (India, Nepal); organizing community events (Colombia); campaigning against nuclear power plants (Philippines 2); campaigning against the development of a gated community and marina development (Bahamas); working for the rights of field workers (Honduras); protesting against the creation of a residential and leisure complex (Mexico); filming a documentary on the harmful impact of oil production (Nigeria); campaigning for water rights and against the construction of a dam (India); and campaigning against mining projects (Peru).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 83
- Paragraph text
- In doing this kind of work, women human rights defenders have been subjected to threats against their physical integrity including: killings, mostly in the Americas region (Colombia, Guatemala, Honduras); excessive use of force against them during protests (Brazil, India and Nepal); and attacks by armed assailants (Guatemala). They have also been subjected to threats and death threats (Colombia, Ecuador, Mexico, Philippines, Peru); and harassment and intimidation (Bahamas, Mexico, Peru), including against their families (Colombia).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 89
- Paragraph text
- The communications sent during the reporting period related to this group (9) indicate that the activities in which they were engaged included: presenting and producing a televised news programme, which dealt with land issues and raised concerns regarding links between national police and private security groups (Honduras); the covering of forced evictions (Uganda); writing on environmental issues (China, El Salvador, the Islamic Republic of Iran and the Russian Federation); reporting on the work of mining companies (Mexico); making video-documentaries on demonstrations related to land and environmental issues (Nigeria); and covering the exhumation of bodies (Guatemala).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 90
- Paragraph text
- These journalists have been killed (Honduras, Mexico); suffered physical attacks (Russian Federation, Uganda) and death threats (Honduras, El Salvador); and been subject to different forms of intimidation (Guatemala). They have also been exposed to their cameras being confiscated by police (Uganda) and subjected to raids and searches of their homes and offices, during which images and production equipment were stolen (Guatemala). Journalists working on land and environmental issues have also faced charges of espionage (Islamic Republic of Iran), been arrested (China) and been arbitrarily detained without access to lawyers (Nigeria).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 94
- Paragraph text
- While age is not mentioned as a specific ground for discrimination in the international bill of human rights, the Human Rights Committee, in its general comment No. 18 (1989) on non-discrimination, specified that discrimination "should be understood to imply any distinction, exclusion, restriction or preference … which has the purpose or effect of nullifying or impairing the recognition, exercise or enjoyment by all persons, on an equal footing, of all rights and freedoms" (para. 7). The International Covenant on Civil and Political Rights also recognizes that young people below 18 years of age should not be sentenced to death under any circumstance.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 95
- Paragraph text
- The Convention on the Rights of the Child provides every person below 18 years of age with specific rights along the same principles as other international human rights conventions, while recognizing children's specific needs. The Convention on the Rights of the Child contains four guiding principles: non-discrimination; best interests of the child; the right to life, survival and development; and the views of the child, which should be taken into consideration based on the age and maturity of the child in all matters affecting him or her.
- 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 98
- Paragraph text
- In her report to the General Assembly in 2007 (A/62/225), the former Special Representative addressed the situation of student activists in the context of the right to freedom of assembly. She noted a trend of acts of repression and retaliation against student activists engaged in protests and expressed particular concern about the brutality of the violations against this group, which in many cases amounted to torture. The young age of the students adds to the severity of the violations suffered and leaves them particularly vulnerable. Noting the high educational value of student protests as a first experience of public participation and defence of human rights, the Special Representative argued that "ensuring a conducive environment for student protests is a social investment in addition to a legal obligation" (paras. 70 and 101 (b)).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Activists
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 99
- Paragraph text
- When the Special Rapporteur set out her vision for the mandate in 2008 (A/63/288), defenders engaged in student protests were included as a priority. In the light of recent events, notably in the Middle East and North Africa, the Special Rapporteur has decided to take a broad approach to the assessment of youth, including students, working to defend human rights. The number of communications related to this group is relatively low compared to other groups of defenders discussed in this report, but the mandate holder has observed that they are at particular risk, which is likely to increase given recent events, unless specific attention is devoted to their situation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Activists
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 100
- Paragraph text
- With reference to article 7 of the Declaration on Human Rights Defenders, which states that "everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance", the Special Rapporteur finds the contributions of youth and student defenders of particular importance. The concept of new human rights ideas and principles must be viewed in relation to the local context of human rights. The history of human rights and particularly recent events show that youth and students have a key role to play in putting new human rights ideas and principles on the national and international agenda and advocating for increased respect for human rights without discrimination.
- 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
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 106
- Paragraph text
- Communications issued by the mandate holder indicate that violations were often preceded by students' and youth's organization of and participation in peaceful demonstrations, public appearances and speeches or the publication of articles or blog entries. General perception of youth in society, also conveyed by established media outlets, often points to their young age and lack of maturity as grounds for not giving them a say in public affairs. Youth and student movements are seen as troublemaking rather than serious actors that can fruitfully contribute to public debate.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 107
- Paragraph text
- In this regard, the Special Rapporteur is concerned by recent trends in several countries towards passing legislation that prohibits young people, typically below 18 or 21 years of age, from participating in public assemblies. Further legislative moves pertain to the Internet, social media and instant messaging, which are increasingly subject to control by Governments. As these tools are extensively used by youth and student defenders, restrictions are likely to create particular obstacles to their human rights work.
- 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
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 108
- Paragraph text
- Information received by the mandate holder indicates that youth and students often work outside established structures, including established NGOs, to defend and promote human rights. Youth organizations and student movements are often informal structures with limited organizational capacity. Extensive registration processes for NGOs in several countries add to the isolation of youth organizations and may discourage them from registering as NGOs. This, in turn, limits the organizations' possibilities for obtaining funding and making connections, including with the United Nations human rights system. Youth and students generally have limited knowledge of the United Nations human rights system and regional human rights mechanisms.
- 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
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 110
- Paragraph text
- Over half of the communications sent (31) were addressed to Governments in Asia, among which 14 were sent to the Islamic Republic of Iran, five were sent to China, and three to the Philippines. Nineteen of the cases concerned men as victims, while five reported women as victims and five related to victims of both sexes. The sex of the victim(s) was not reported in two cases. Allegations of violations against youth and students in Asia were for the most part related to physical integrity, which was mentioned in 26 cases. Alleged violations included killings, enforced disappearances, arbitrary detention, physical attacks and forced labour. Eight cases were judicial in nature, including criminalization of the activities of human rights defenders, arrests, prison sentences and concerns about due process, including under anti-terrorism legislation.
- 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
- Men
- Women
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 111
- Paragraph text
- There were also two cases reported in which violations concerned psychological integrity. Youth and students allegedly targeted by such violations received threats, including death threats; were subject to harassment by police, security forces and non-State actors; and saw, in some cases, such actions target their family members. Two communications raised issues such as raids and searches of the offices of youth and student organizations, confiscation of computers, paper files and other materials from their offices, as well as surveillance of their homes and/or offices.
- 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
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 113
- Paragraph text
- By contrast, in the Americas region, where eight communications were sent, the alleged perpetrators were for the most part not identified. In a limited number of cases, State actors were the alleged perpetrators and, in a few other cases, non-State actors. As in Asia, most of the cases referred to violations of physical integrity, including killings, physical attacks and arbitrary detention. One case referred to psychological integrity, where a youth human rights defender had received death threats. Most alleged violations in the Americas were connected to the defender's participation in demonstrations or conferences. Two of the communications were addressed to Chile and another two to Mexico. Three cases reported female victims, two cases concerned male victims, and one case related to victims of both sexes. In the African region, eight communications were sent during the period. Three of these communications were sent to the Government of Zimbabwe and two were sent to the Government of Sudan. In all eight cases, the alleged perpetrators were State actors. In four cases, the victims were male, while in three cases the victims were both female and male. There were no cases with only female victims. In one case, the sex of the victim(s) was not reported. The majority of the cases involved violations of physical integrity, including arbitrary detention, torture, ill-treatment, killings, enforced disappearances and disproportional use of force to break up demonstrations. Other violations in Africa were judicial in nature, involving broad and often vaguely defined criminal charges, fines and prison sentences. As in other regions, alleged violations often happened in the context of peaceful demonstrations, although a marked trend in Africa was violations by police when breaking up demonstrations, notably through the disproportional use of force. Participation in public youth forums and issuing of press statements were also actions that had led to the violations reported.
- 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
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 114
- Paragraph text
- Seven communications were addressed to Governments in the Middle East and North Africa during the assessed period. Two of the communications were sent to Bahrain, and another two to Egypt. Men were the victims in all reported cases. Despite the low number of communications for this region, reported violations were wide-ranging in nature. The majority represented violations of physical integrity, including enforced disappearances, arbitrary detention, ill-treatment in detention and disproportional use of force during demonstrations. Violations of a judicial nature were also reported, including prison sentences, allegedly fabricated charges and arrests. Some cases involved violations of psychological integrity, including threats and violence against defenders' family members.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 115
- Paragraph text
- In addition to these communications, the Special Rapporteur has issued a number of joint statements with other special procedures pertaining to the situations in several countries in the Middle East and North Africa during the first half of 2011, including Bahrain, Egypt, Libyan Arab Jamahiriya (at the time), Syrian Arab Republic and Tunisia. Together with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur called on the Syrian Arab Republic on 15 April 2011 to "immediately release the human rights defenders, journalists and bloggers, who play a crucial role in monitoring recent events and informing the public".
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 117
- Paragraph text
- The Special Rapporteur is very concerned at the extraordinary risks that these groups of defenders face due to their work in defence of human rights. Most of these risks not only directly affect their physical integrity and that of their family members, but also include the abusive use of legal frameworks against them and the criminalization of their work. The Special Rapporteur is also extremely concerned at reports received indicating that State actors, including Government officials, State security forces and the judiciary, are the perpetrators of many of the violations committed against these defenders.
- 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
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 15
- Paragraph text
- Both the Special Rapporteur and the Special Representative of the Secretary-General on Human Rights Defenders have repeatedly reported on the extraordinary risks faced by those defending the rights of local communities, including indigenous peoples, minorities and people living in poverty. These human rights defenders commonly face threats, harassment, intimidation, criminalization and physical attacks. The Special Rapporteur and the Special Representative have observed that human rights defenders are commonly branded as being against development if their actions oppose the implementation of development projects that have a direct impact on natural resources, the land and the environment. Examples of such projects include the construction of hydroelectric power stations, electric pylons, dams, highways and cement factories, and the operations of various extractive industries. Human rights defenders also speak out against forced evictions that occur in connection to development programmes and projects.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 17
- Paragraph text
- The Special Representative of the Secretary-General on Human Rights Defenders addressed the risks and challenges faced by defenders working on economic, social and cultural rights in her 2007 report to the Human Rights Council. In the report, she underlined the heightened risks faced by defenders working on land rights, natural resources and environmental issues, and those campaigning against illegal or forced evictions. She also noted that defenders working on land rights and natural resources comprised the second group of defenders most at risk of being killed (A/HRC/4/37).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 18
- Paragraph text
- Since 2007, the situation with regard to that group of defenders seems to have worsened. In 2010, the Special Rapporteur reported on the violations committed by private corporations and businesses, which were among the non-State actors she identified as committing violations against human rights defenders. She pointed to instances in which security guards employed by oil and mining companies had allegedly threatened to kill, harassed and attacked human rights defenders protesting against the perceived negative impact of corporate activities on the enjoyment of human rights by local communities. She also highlighted cases in which local authorities had allegedly colluded with the private sector and cases in which private companies had aided and abetted the commission of violations against human rights defenders (A/65/223, paras. 10 and 11).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 19
- Paragraph text
- In her 2012 report to the Human Rights Council, which was devoted to groups at risk, the Special Rapporteur highlighted the dangers and challenges faced by defenders working on land and environmental issues, including in connection with the activities of extractive industries and construction and development projects (A/HRC/19/55, para. 64). She pointed out that the main context in which violations against such defenders generally occurred was that of ongoing land disputes with both State and non-State actors, including multinational corporations and private security companies. The Special Rapporteur expressed serious concern about the risks faced by this group of defenders and noted that those defenders were highly exposed to attacks to their physical integrity and that many of them were killed. She highlighted that the stigmatization they suffered from State and non-State actors was a factor that might encourage rejection of or even violence against defenders (A/HRC/19/55, paras. 65 and 66, 117, 123 and 125).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 20
- Paragraph text
- The Special Rapporteur notes that the Working Group on the issue of human rights and transnational corporations and other business enterprises reported to the Human Rights Council that it had received an especially large number of cases involving conflicts between local communities and businesses over land and resources, noting that in many reports conflicts had led to the harassment and persecution of human rights defenders investigating, protesting and seeking accountability and access to remedies for victims of alleged abuses linked to business activities (A/HRC/23/32, para. 13).
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 21
- Paragraph text
- Development policy should contribute to increased respect for the human rights of those targeted and affected and strengthen their capacity to lead their lives in a dignified manner. It should be an instrument for doing more than just promote economic growth and meet basic needs: it should aim to expand people's choices, focusing especially on disadvantaged and vulnerable people. Its ultimate aim should be to empower people, especially those most marginalized, to participate in policy formulation and hold accountable those who have a duty and a responsibility to act.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 23
- Paragraph text
- It is during the policymaking phase that human rights standards are operationalized and State obligations materialize for local communities. For this to happen, those affected must effectively take part in the policymaking process. Human rights defenders are among the best placed to make the connections between human rights and development programming, as they are often at the heart of social dialogue and interactions between citizens and the Government at the local and community levels. It is therefore vital that Governments and other relevant actors facilitate the participation of human rights defenders in the development of policies or projects, as well as in their implementation and evaluation.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 24
- Paragraph text
- The severe risks and violations that human rights defenders face when they become involved in large-scale development projects, however, make it very difficult for them to assume such a role. It is for that reason that the Special Rapporteur has chosen to focus on the relationship between large-scale development projects and the activities of human rights defenders in the present report. She believes that applying a human rights-based approach to development policy and projects contributes to creating the conditions necessary for human rights defenders to safely and effectively participate in the design of development policies and projects, as well as in their implementation, monitoring and evaluation, and to ensure the sustainability of such initiatives and their compliance with human rights.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 26
- Paragraph text
- The main elements of the human rights-based approach, in particular when applied to development policy and projects, are enshrined in different international instruments and standards. The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, in their article 1, both state: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 27
- Paragraph text
- On the issue of participation, article 25 (a) of the International Covenant on Civil and Political Rights enshrines the right of citizens to participate, directly or indirectly and without unreasonable restrictions, in the conduct of public affairs. Article 8 of the Declaration on Human Rights Defenders provides that everyone has the right, individually or in association with others and on a non-discriminatory basis, to participate in the conduct of public affairs. That right is said to include the right to submit to governmental bodies and agencies concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 28
- Paragraph text
- Instruments protecting the rights of specific populations also guarantee to those concerned the right to participation. The obligation of consulting with the objective of obtaining the free, prior and informed consent of indigenous peoples through their own representative institutions whenever consideration is being given to legislative or administrative measures that may affect them directly is established in the United Nations Declaration on the Rights of Indigenous Peoples (General Assembly resolution 61/295, annex, articles 18 and 27) and in the Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) of the International Labour Organization. Furthermore, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provides for the right of minorities to participate in decision-making and the obligation of States to ensure such participation, including in economic progress and development (Assembly resolution 47/135, annex, articles 2 and 4).
- 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
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 29
- Paragraph text
- The issues of transparency and access to information are directly linked to the right to seek, obtain and impart information, which is enshrined in article 19 of the International Covenant on Civil and Political Rights. Specifically, paragraph 2 of that article establishes that everyone should be free to seek, receive and impart information and ideas of all kinds. Article 6 of the Declaration on Human Rights Defenders elaborates on this right, establishing that everyone has the right to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems. Article 14 of the Declaration stipulates that States have the responsibility to take legislative, judicial and administrative measures to promote the understanding by all persons under their jurisdiction of their human rights, including through the publication and widespread availability of laws and regulations.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 30
- Paragraph text
- With regard to the State's responsibility to protect, the right to life, liberty and security of person is enshrined in article 3 of the Universal Declaration of Human Rights and in articles 6 (1) and 9 (1) of the International Covenant on Civil and Political Rights. This obligation is further emphasized in the Declaration on Human Rights Defenders, in particular in its articles 2, 9 and 12, which elaborate on the State's primary responsibility and duty to protect all human rights, which is established in article 2 of the Covenant. Both negative and positive aspects are included: on the one hand, States must refrain from violating the rights of human rights defenders; on the other hand, they should act with due diligence to prevent, investigate and bring to justice the perpetrators of any violation of the rights enshrined in the Declaration on Human Rights Defenders. Moreover, States bear the primary responsibility for protecting individuals, including human rights defenders, under their jurisdiction, regardless of the status of the alleged perpetrators (A/HRC/13/22, para. 42).
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 31
- Paragraph text
- The State's obligation to provide an effective remedy for human rights violations is enshrined in article 2 (3) (a) of the International Covenant on Civil and Political Rights. Article 9 of the Declaration on Human Rights Defenders further underscores that everyone performing activities in defence of human rights has the right to benefit from an effective remedy and to be protected in the event of violations (see also A/65/223, para. 44). Both the Special Rapporteur and the Special Representative on the situation of human rights defenders have emphasized that prompt and impartial investigations into alleged violations, prosecution of the perpetrators regardless of their status, provision of redress, including appropriate compensation to victims, and enforcement of the decisions or judgments are fundamental actions that must be taken in order to protect the right to an effective remedy. They have observed that failure to take these actions leads to further attacks against human rights defenders and further violations of their rights (see A/58/380, para. 73, and A/65/223, para. 44).
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 32
- Paragraph text
- Transnational corporations and other business enterprises are required to respect human rights, as set out in the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex), which were endorsed by the Human Rights Council in its resolution 17/4. The Guiding Principles aim to implement the United Nations "Protect, Respect and Remedy" Framework, which rests on three pillars: the State duty to protect against human rights abuses by third parties, including businesses; the corporate responsibility to respect human rights; and the need for access to effective remedy for victims of business-related human rights abuses (see A/HRC/17/31, para. 6).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 35
- Paragraph text
- Human rights obligations place binding limits on State powers and actions and make Governments responsible for complying with international commitments. States must exercise due diligence by respecting, protecting and fulfilling human rights. In the development context, States should take steps towards the progressive realization of human rights within the maximum available resources while refraining from committing human rights abuses and while protecting individuals within their jurisdiction against violations, including by third parties. The Committee on Economic, Social and Cultural Rights recognized that while it might be necessary to sometimes take retrogressive measures, namely measures that do not contribute to the progressive realization of human rights, doing so would need to be justified by reference to the totality of the rights provided for in the International Covenant on Economic, Social and Cultural Rights and in the context of the full use of the maximum available resources (see general comment No. 3, on article 2 (1) of the Covenant).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 36
- Paragraph text
- The human-rights based approach is guided by the principles of equality and non-discrimination, participation, transparency and accountability in all stages of policymaking, from assessment, project design and planning to implementation, monitoring and evaluation. In order to adequately incorporate the needs of human rights defenders in this approach, special emphasis should be placed on ensuring the safety and protection of those involved and on the availability and effectiveness of accountability and grievance mechanisms.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 38
- Paragraph text
- The principles of equality and non-discrimination are the foundations of international human rights and, as such, are enshrined in the International Covenant on Civil and Political Rights and in the International Covenant on Economic, Social and Cultural Rights. In line with both, all States parties have an obligation to guarantee that all rights are exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 39
- Paragraph text
- Equality and non-discrimination imply that the human rights of communities and population groups affected by large-scale development projects should not be violated at any stage of the process. For the Special Rapporteur, this means that defenders working on behalf of or as part of populations affected by such projects should be fully and meaningfully involved in their design, implementation and evaluation. Particular attention has to be paid to those who traditionally have been marginalized and excluded from decision-making processes to ensure that their concerns are heard and that the impacts of such projects do not violate their rights.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 40
- Paragraph text
- Those responsible for large-scale development projects should pay particular attention to multiple grounds of discrimination, as the intersection of such grounds could lead to different and even more adverse effects among those affected by the projects (see general comment No. 20, on article 2 (2) of the International Covenant on Economic, Social and Cultural Rights). For example, women in a rural community are likely to experience the effects of such projects differently from men, and their economic and social status could aggravate this situation. Those defending women's rights face particular challenges and additional risks linked to the work that they do and the issues they face are challenging, which is why it is important that they be able to do their work without incurring retaliation of any sort.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 42
- Paragraph text
- The Special Rapporteur observes that Member States have adopted different approaches to ensure that the rights of those affected by large-scale development projects are respected. In Colombia, the National Hydrocarbons Agency is required by law to spell out in any contract it issues the methodology it will use to assess the impact of a project on affected populations and the way in which the project will benefit them (see decree No. 1760 of 26 June 2003). Prior consultation is also a right of marginalized populations in Colombia (see presidential decree No. 1 of 26 March 2010), but the Special Rapporteur notes that there appear to be different interpretations of what this right implies, which lead to discrepancies in the way in which it is applied. The Special Rapporteur is concerned about reports received from a number of countries alleging that community members and defenders of their rights who have made efforts to express their concerns about development projects affecting them have been met with excessive use of force and the issuance of states of emergency rather than dialogue.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 43
- Paragraph text
- The Special Rapporteur believes that the best way of ensuring that the principles of equality and non-discrimination are respected in the context of large-scale development projects is through the use of human rights impact assessments. Such assessments should be designed and conducted, on a regular basis, with due consideration being given to human rights and should ensure that the potential impacts of a project are investigated keeping in mind the potential existence of different grounds for discrimination. A human rights impact assessment would be based on an analysis of human rights obligations, not just of the impact of the project on trade or sustainability. The Special Rapporteur strongly encourages the systematic use of human rights impact assessments, in line with the principles elaborated upon in the present report.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 44
- Paragraph text
- In this context, the Special Rapporteur notes that the Guiding Principles on Business and Human Rights require that companies identify and assess any actual or potential adverse human rights impacts through meaningful consultation with potentially affected groups, as an integral part of their responsibility to respect human rights. Such impact assessments should be carried out not only at the start of a new project or business relationship, but also periodically throughout the life cycle of the project, prior to any planned significant changes or if there is a significant shift in the operating context (for example, in the event of rising social tensions) (see Guiding Principle No. 18).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 45
- Paragraph text
- As already mentioned, participation in public affairs is a right recognized in various human rights instruments, including the Declaration on Human Rights Defenders. The Special Rapporteur emphasizes that besides being a right in itself, participation is an obvious means of ensuring respect for other human rights, including the right to be treated equally and without discrimination. The principle of participation affords genuine ownership and a sense of control over the development process to those affected by the project or policy in question. It is important to ensure involvement at all phases (assessment and analysis, project design and planning, implementation, monitoring and evaluation).
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 48
- Paragraph text
- As mentioned above, in order to respect the principles of equality and non-discrimination, it is important to ensure that those affected are able to participate in the process on their own terms. Information conveyed about the project must be in the language or languages of the affected communities, and participation should be facilitated to allow the views of the affected communities to be effectively communicated, in a manner that takes into consideration the level of literacy and is culturally sensitive. In this context, human rights defenders working with local communities can play a crucial role in facilitating communication between them and those responsible for the policy or project and in conveying information in ways that are understandable to those affected. The Special Rapporteur is also aware of situations where national human rights institutions have assumed a similar role and strongly encourages their engagement in such processes where appropriate (see A/HRC/22/47, paras. 106-108).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 49
- Paragraph text
- The Special Rapporteur emphasizes the need to ensure the participation of those traditionally marginalized or excluded from decision-making processes. A central aspect in this regard is the need to build the capacity of such people to analyse issues affecting them and voice their opinion on those issues during the process. State and non-State actors responsible for the development and implementation of projects or policies should facilitate such involvement as a matter of priority. To this end, it could be useful to collaborate with non-governmental organizations and human rights defenders.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 51
- Paragraph text
- In addition, the free, prior and informed consent of indigenous peoples must be obtained for any negotiation or consultation process on large-scale development projects to take place. The concept of free, prior and informed consent has come about as a result of the recognition that indigenous peoples have strong cultural attachments to the territories they inhabit. The Special Rapporteur on the rights of indigenous peoples has emphasized the need for Governments to engage in consultations with indigenous peoples in good faith, with the objective of achieving consent (A/HRC/12/34, paras. 46-49). The Special Rapporteur on the situation of human rights defenders is concerned about cases reported to her in which free, prior and informed consent has not been sought, has been sought only to a limited extent or has been sought at the same time as coercion has been exerted on communities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 52
- Paragraph text
- The Special Rapporteur is encouraged by the various initiatives that have come to her attention during the preparation of the present report to enhance the participation of stakeholders in large-scale development projects, notably those designed to benefit local communities. She has observed that more needs to be done, however, in terms of implementation and urges State and non-State actors to strengthen their efforts in this area. Moreover, she notes that the right of indigenous people to free, prior and informed consent is in many cases not respected because, despite being protected by law, it is not incorporated in the regulatory framework of business enterprises, which limits implementation considerably.
- 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
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 53
- Paragraph text
- The Special Rapporteur has observed that when human rights defenders are involved in the implementation and monitoring of large-scale development projects they are exposed to serious risks, including to their physical integrity. Since 2007, the Special Rapporteur has considered about 100 cases dealing with defenders involved in monitoring the implementation of large-scale development projects, mostly related to the operations of extractive industries but also to land disputes. The operations of hydroelectric and energy-related industries have also created situations that have led to an intervention by the Special Rapporteur.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 54
- Paragraph text
- Brazil, Cambodia, Guatemala, Mexico, Peru and the Philippines have received the largest number of communications from the Special Rapporteur in this regard. Almost one third of the communications sent during the period under review relate to allegations of killings and attempted killings. In the opinion of the Special Rapporteur, this shows that the risks faced by human rights defenders working in the context of development projects are extremely serious. Very often, defenders receive threats, including death threats that are then followed by attacks. Moreover, defenders working on these issues are arrested and detained and their activities are criminalized, including when they are carried out in accordance with the exercise of fundamental rights, notably the right to freedom of peaceful assembly and the right to freedom of expression.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 55
- Paragraph text
- Country visits undertaken by the Special Rapporteur since 2007 have shed light on the high risks faced by human rights defenders involved in large-scale development projects. When she visited Honduras in 2012, the Special Rapporteur expressed concern about the reports and testimonies she had received of violations and abuses committed against defenders working for the rights of indigenous and other local communities by law enforcement authorities, often in collusion with private security firms hired by the corporate sector. While recognizing the legitimate right of the Government to promote private investment, the Special Rapporteur expressed concern about the "state of fear" affecting defenders working on environment-related issues and opposing projects by private companies or the State, in particular in the construction of dams and in the mining and tourism sectors.
- 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
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 56
- Paragraph text
- When the Special Rapporteur visited India in 2011, she pointed to the vulnerability of defenders engaged in denouncing development projects that threatened or destroyed the land, natural resources and the livelihoods of affected communities. Those defenders had been stigmatized and branded as being anti-Government or "sympathizers of Naxalites"; they had been arrested and ill-treated and, in some instances, killed. She specifically highlighted the killings of at least 10 individuals who had filed petitions under the Right to Information Act, denouncing violations connected to scams, illegal mining and illegal hydroelectric power operations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph