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Violations committed against defenders by non-State actors 2010, para. 45
- Paragraph text
- This right to an effective remedy is reflected in other human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Article 2(3) of the latter provides that States parties should ensure that "any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity". It further states that States parties should ensure that "any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy". This obligation includes providing defenders with reparations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 35
- Paragraph text
- In certain States, judges and lawyers are working under constant threat, which may jeopardize their independence. Prosecutors sometimes resort to inadmissible evidence to initiate proceedings against defenders, thus compromising their right to a fair trial. In several countries, the relevant authorities still resort to secret, incriminating evidence to arrest and administratively detain human rights defenders without charges for prolonged periods of time. Such evidence is reportedly often obtained by the security services and not shared with detainees or their lawyers. The Special Rapporteur would like to recall that, although not prohibited under international law, administrative detention should be surrounded by judicial guarantees and used only in exceptional and specific circumstances, such as a public emergency threatening the life of a nation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 36
- Paragraph text
- States should refrain from criminalizing the peaceful and legitimate activities of defenders and ensure that they can work in a safe environment without fear of being prosecuted for criticizing Government policy or Government officials. The Special Rapporteur also urges States to review and abolish all legislative and administrative provisions restricting the rights contained in the Declaration on Human Rights Defenders, including legislation on NGOs and freedom of expression. Security legislation should not be used inappropriately to restrict the work of defenders. States should respect defenders' right to a fair trial and appropriate redress and compensation should be provided to defenders whenever their right to a fair trial is denied.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 37
- Paragraph text
- The Special Rapporteur wishes to call upon NGOs and regional human rights organizations to continue supporting defenders by providing them with legal assistance and/or judicial trial observation. To avoid jeopardizing their own security, human rights defenders should try to liaise with intergovernmental organizations such as OSCE and the OHCHR field presences whenever they decide to engage on such trial observations. Some recommendations on the way defenders could try to enhance their own security are detailed below.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 39
- Paragraph text
- Individuals acting on their own or as part of groups, whether in collusion with States or not, have been increasingly involved in attacks on human rights defenders. Guerillas, private militias, vigilante groups and armed groups have been implicated in violence against defenders, including beatings, killings and various acts of intimidation. Private companies have also been directly or indirectly involved in acts of violence against defenders. In this regard, the Special Rapporteur would particularly like to underline the situation of defenders working on economic, social and cultural rights, who are increasingly vulnerable, since their work is not always recognized as human rights work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 62
- Paragraph text
- The obligations of the State are outlined in articles 2, 9, 12, 14 and 15 of the Declaration on Human Rights Defenders. In particular, pursuant to article 12 of the Declaration, States have the obligation to protect defenders. Article 12 of the Declaration provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 17
- Paragraph text
- A number of cases brought to the attention of the Special Rapporteur indicate that the media are also involved in violations committed against human rights defenders, notably in relation to violations of their right to privacy. In certain States, human rights defenders have been subjected to denigration campaigns in the press (although sometimes the perpetrators were State-owned outlets). The Special Rapporteur strongly condemns such stigmatization, which often causes defenders to be portrayed as "troublemakers" and consequently legitimizes attacks against them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 29
- Paragraph text
- States should refrain from portraying human rights defenders and their activities as dangerous, illegal or a threat to the security of the State. Their important role and efforts in the promotion, protection and the full enjoyment of human rights by all should instead be praised. The Special Rapporteur would like to recall the primary importance of acknowledging the work and role of groups, organs or individuals in the promotion and protection of human rights and fundamental freedoms. This is the first step towards a safe working environment for defenders. By adopting the Declaration on Human Rights Defenders, States have committed themselves to recognizing their valuable role in the elimination of human rights violations and should therefore act accordingly at the national level.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 30
- Paragraph text
- Certain countries have taken action in this regard, which should be commended. The Special Rapporteur notes with satisfaction the public statement by the President of Colombia on 17 September 2009 after his meeting with the Special Rapporteur to the effect that "the defence of human rights is a necessary and legitimate action for democracy in a country like Colombia which is proud to be completely open to international scrutiny in this field" and she calls upon the authorities to give effect to this statement. In Belgium, both the Senate and the Chamber of Representatives adopted resolutions on the protection of human rights defenders, acknowledging the role of defenders and their need of protection. The resolutions also establish clear goals to be achieved by the Belgian authorities. Similarly, the Spanish Congress unanimously passed a resolution on human rights defenders in June 2007.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 32
- Paragraph text
- Communications issued by the Special Rapporteur indicate that the criminalization of human rights defenders' activities by States' authorities has not decreased. Some States tend to systematically invoke national security and public safety to restrict the scope of activities of defenders. In many countries, trade unionists, members of NGOs and social movements face repeated arrests and criminal proceedings for charges of "forming criminal gangs", "obstructing public roads", "inciting crime", "creating civil disobedience" or "threatening the State security, public safety or the protection of health or morals". Moreover, human rights defenders, including defence lawyers, providing legal assistance to other defenders or victims of human rights violations are threatened, denied access to courthouses and their clients, and arrested and charged under various criminal provisions. The multitude of arrests and detentions of defenders also contributes to their stigmatization, since they are depicted and perceived as troublemakers by the population.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 72
- Paragraph text
- In Argentina, a witness protection programme was reportedly created by resolution 439/07 of the Ministry of Justice, Security and Human Rights, which is used upon request of judicial authorities in federal investigations into kidnapping, terrorist acts or drug-trafficking offences. In exceptional cases, the Ministry of Justice, Security and Human Rights can include other cases, for example, those related to organized crime. Up to 4,360 people in the country have reportedly benefited from this programme. The programme offers the possibility of relocation, change of identity and protection, inter alia.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 74
- Paragraph text
- Moreover, according to the information received by the Special Rapporteur, many witness protection programmes do not take the specific needs of the human rights defenders at risk into account. These needs are diverse and may differ according to the situation of the defenders concerned. For example, it might be useful to differentiate defenders in need of short-term physical protection from those requiring long-term protection measures. Assessing the types of needs will have an impact on the protection measures to be taken, e.g., the type of protection programme or whether relocation to another country is needed.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 77
- Paragraph text
- In Guatemala, several initiatives have been set up to ensure the protection of human rights defenders. A coordination department for the protection of human rights defenders, administrators, judicial officers, journalists and social communicators has been created. A human rights unit was also established within the police and includes specialized investigative units for crimes against justice officials, human rights activists, unionists and journalists. Another encouraging development was the creation of a unit to analyse attacks against human rights defenders. A national policy for the prevention and protection of human rights defenders and other vulnerable groups was drafted in 2007 by the Presidential Human Rights Commission, but has yet to be approved.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
On the Declaration on human rights defenders 2011, para. 9
- Paragraph text
- The State's duty to protect the rights of defenders from violations committed by States and non-State actors is derived from each State's primary responsibility and duty to protect all human rights, as enshrined in article 2 of the International Covenant on Civil and Political Rights, which establishes the obligation of States to guarantee all individuals within their territories and subject to their jurisdiction the rights recognized in the Covenant without discrimination. The Declaration on Human Rights Defenders establishes the State's duty to protect human rights defenders in the preamble to the Declaration as well as in its articles 2, 9 and 12.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 26
- Paragraph text
- Restrictions imposed on the right to freedom of assembly have been broadly applied to prohibit or disrupt peaceful human rights assemblies, frequently on the pretext of the need to maintain public order and relying on counter-terrorism legislation, arguments and mechanisms. The mandate holder has identified the following trends as violations of the right to freedom of assembly: (a) use of excessive force against defenders during assemblies; (b) arrest and detention of defenders while exercising their right to assemble or to prevent them from taking part in demonstrations; (c) threats against defenders and members of their families prior to, during or after their participation in a peaceful assembly; (d) judicial harassment and prosecution of defenders; (e) travel restrictions imposed on defenders to prevent them from participating in assemblies outside their country of residence; and (f) restrictions imposed through legislative and administrative measures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Families
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 18a
- Paragraph text
- [Specific situations impeding the work of human rights defenders and leading to a highly insecure environment include:] The stigmatization to which both women defenders and their male counterparts are subjected in certain contexts, including accusations of being fronts for guerrilla movements, terrorists, political extremists, separatists, or working on behalf of foreign countries or their interests. Also, women defenders often face further stigmatization by virtue of their sex or the gender-based rights they advocate;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 18c
- Paragraph text
- [Specific situations impeding the work of human rights defenders and leading to a highly insecure environment include:] Attacks by non-State actors and a climate of impunity. Non-State actors have been increasingly involved in attacks on human rights defenders. Guerrillas, private militias, vigilante groups and armed groups have been implicated in violence against defenders, including beatings, killings and various acts of intimidation. Private companies have also been directly or indirectly involved in acts of violence against defenders.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 46a
- Paragraph text
- [The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has emphasized that restrictions on the following dimensions of the right to freedom of expression are not permissible:] Discussion of Government policies and political debate; reporting on human rights, Government activities and corruption in government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 22
- Paragraph text
- The right to meet or assemble peacefully applies to every man and woman acting to promote and protect human rights, providing they accept and apply the principles of universality and non-violence. As women's inequality in the enjoyment of rights is rooted in "tradition, history and culture, including religious attitudes", States should ensure that these attitudes are not used to justify violations of women's right to equality before the law and to equal enjoyment of all rights,2 including the right to freedom of assembly.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 24
- Paragraph text
- Human rights defenders must exercise these activities peacefully in order to be protected under the Declaration. The Special Rapporteur is concerned about the frequent excessive use of force by State agents in responding to situations involving freedom of assembly, which in some instances has provoked violent reactions from otherwise peaceful assemblies. Such behaviour clearly contravenes the Declaration and makes the State accountable for provocations that result in violence. Under the Declaration defenders are entitled to effective protection under national law against actions committed by the State that result in human rights violations. The Declaration also provides defenders with protection when protesting against violent acts of other groups or individuals. Consequently, the protection afforded in the Declaration covers violations committed by both State and non-State actors.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 31
- Paragraph text
- There are both negative and positive obligations on States arising from the right to freedom of association, including the obligation to prevent violations of this right, to protect those exercising this right and to investigate violations of this right. Given the importance of the role that human rights defenders play in democratic societies, the free and full exercise of this right places a duty on States to create legal and real conditions in which defenders can freely carry out their activities. Also, although associations are required to have some kind of institutional structure, they do not need to assume a legal personality to operate and de facto associations are equally protected under the Declaration.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 32a
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be provided by law - that is through an act of Parliament or an equivalent unwritten norm of common law. Limitations are not permissible if introduced through Government decrees or other similar administrative orders;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 32b
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be necessary in a democratic society. The State must demonstrate that the limitations are necessary to prevent a real threat to national security or the democratic order and that other less invasive measures are not adequate to achieve this purpose;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
Paragraph
Security and protection of human rights defenders 2010, para. 109
- Paragraph text
- The Special Rapporteur commends the work of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo, in particular the Protection Unit, which ran the programme for the protection of victims, witnesses and human rights defenders, funded by the European Union, until its closure in March 2009. The programme was then absorbed by United Nations Organization Mission in the Democratic Republic of the Congo into the work of the Protection Unit. Since the inception of the programme in June 2007, the Protection Unit has assisted 487 victims, witnesses and defenders in 11 provinces. Other United Nations peacekeeping missions should draw upon this example, and the Special Rapporteur strongly encourages them to replicate this protection programme.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 34
- Paragraph text
- The data used and trends identified herein are necessarily partial as they are based on the allegations received and acted upon by the mandate as well as on the information provided in the replies to the questionnaires received, thus it does not represent the full reality of the situation of women defenders and those working on women's rights or gender issues worldwide. Furthermore, it is acknowledged that some of the communications have been responded to by Governments. While the Special Rapporteur wishes to thank those Governments who replied to the communications sent, she remains concerned regarding the allegations referred to in this report, including in cases wherein the facts may have been disputed.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 37
- Paragraph text
- A large number of communications sent during the period (196) concerned alleged violations against defenders, including males, working on women's rights or gender issues, including lesbian, gay, bisexual and transsexual issues (LGBT). This group is thoroughly heterogeneous, including women and men carrying out a vast range of activities related to women's rights, including those working on issues related to sexual and reproductive rights; organizations dealing with violence against women, rehabilitation and impunity related to violence, rape and sexual violence, women's shelters caring for victims of the above; and journalists and bloggers writing on women's rights issues.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 38
- Paragraph text
- The largest number of communications sent (72) concerning defenders working on women's rights and gender-related issues was sent to countries in the Asian region, most notably to the Islamic Republic of Iran (31 communications); China (10 communications); Nepal (eight communications), and Pakistan (six communications). In this region, the alleged violations against women defenders and those working on women's rights and gender issues were mostly judicial by nature, including arrests, judicial harassment, administrative detentions, and sentences to prison. However, violations by non-State actors were also alleged, including intimidation, attacks, death threats, and killings by armed individuals, family and community members, and unidentified individuals.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 40
- Paragraph text
- A smaller number of communications regarding defenders working on these issues (33) were sent to countries in sub-Saharan Africa. The largest number of these concerned defenders in Zimbabwe. Alleged violations of a judicial nature were reported against defenders working on these issues in the Sudan and Uganda (particularly with regard to LGBT defenders). Communications were also sent to the Central African Republic and the Democratic Republic of the Congo where women's rights defenders faced risks such as attacks, raids, death threats, attempted rape, and sexual violence.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2011
Paragraph
On the Declaration on human rights defenders 2011, para. 78
- Paragraph text
- The Special Rapporteur remains concerned that more than a decade after the adoption of the Declaration on Human Rights Defenders, although some progress has been made, many countries continue to pass laws and regulations that restrict the space for human rights activities and that are incompatible with international standards and with the Declaration in particular. Even where efforts are made to adopt laws that are in line with international standards, their ineffective implementation often remains a problem.
- Legal status
- Non-negotiated soft 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
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;
- Legal status
- Non-negotiated soft 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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".
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft 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
- 2013
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- 2013
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Large-scale development project and human rights defenders 2013, para. 64
- Paragraph text
- When there is information about the project that needs to be kept confidential, the decision not to disclose such information should be based on established criteria spelled out in the project concept or, in the case of a Government, in law. The Special Rapporteur finds the principle of maximum disclosure to correspond most closely with international standards and that that principle should apply to any access-to-information regime, including in connection to large-scale development projects that could have an impact on matters of public interest. Exceptions to this principle should be applied only when disclosing information would harm the interests of the State, as provided for in legislation compliant with international human rights law (A/67/292, paras. 51-55, and Human Rights Council resolution 22/6, para. 11 (e)).
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 65
- Paragraph text
- In the context of large-scale development projects, timely disclosure of information about project conceptualization and preparation, including contracts and subcontracts, documents with information about parties involved, financing frameworks, terms and conditions, impact assessments and mitigation strategies should be made available to the extent possible. The Extractive Industries Transparency Initiative, a multi-stakeholder voluntary mechanism that aims to increase the transparency of natural resource revenues by developing standardized reporting requirements for companies and Governments, has made a significant, positive contribution to increasing transparency in this sector. The initiative also offers relevant lessons learned regarding the difficulties and, at times, the unwillingness of Governments and private companies to disclose such information.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 66
- Paragraph text
- In this connection, anyone who in good faith discloses information on large-scale development projects that they think is of public interest should be protected against retaliation. The necessary legal, institutional and administrative framework needs to be in place to ensure the integrity and protection of whistle-blowers in connection to development projects in order to guarantee their right to seek and disseminate information and also the right of the public to receive relevant information about the human rights situation in a particular context or country.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 31
- Paragraph text
- The Paris Principles require that national institutions work in the promotion and protection of human rights, including by receiving and investigating complaints, mediating in conflicts, and raising awareness about human rights. The Paris Principles establish six main criteria for fully functioning national institutions, that is, broad mandate and competence; autonomy from Government in their functioning and methods of operation; independence, which should be enshrined by law or in the Constitution; pluralism through membership or cooperation; adequate financial, material and human resources; and adequate powers of investigation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 72
- Paragraph text
- Private enterprises, as well as State donors and private donors, can also contribute to accountability, for example by establishing mechanisms, either by themselves or in cooperation with other stakeholders. All non-judicial grievance mechanisms, whether State- or non-State-based, should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, a source of continuous learning and, in the case of company- or project-level mechanisms, based on dialogue and engagement (see Guiding Principle No. 31 of the Guiding Principles on Business and Human Rights).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 49
- Paragraph text
- For example, the position of Commissioner of the national institution in Canada is widely advertised when vacant, and anyone can apply. In Uruguay, the law establishes that the members of the national institution can be nominated by NGOs, which is also widely the case in practice. In New Zealand, the criteria for appointment of Commissioners are clearly established in the regulatory framework and groups and individuals can nominate candidates. In South Africa, an ad-hoc Parliamentary Committee is set up to interview potential Commissioners following a nationwide public announcement of the vacancies. Interviews take place in public and civil society organizations are allowed to attend.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 78
- Paragraph text
- Human rights defenders are at the heart of the development process and can be key actors in ensuring that development is inclusive, fair and beneficial for all and that dialogue is used to reinforce social cohesion and pre-empt conflict and the radicalization of positions. Defenders can play a crucial role as members of teams conducting human rights impact assessments, formal multi-stakeholders oversight mechanisms and mediation and grievance mechanisms and as independent watchdogs monitoring the implementation of large-scale development projects.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 52
- Paragraph text
- In India, the Chairperson and members of the national institution are appointed by the President on the recommendations of a Committee formed by the Prime Minister as a Chair and members of the ruling party as well as the opposition parties. It is reported that consultations are carried out by the members of the Committee in order to ensure consensus in the nominations. After her visit to India, the Special Rapporteur recommended that the functioning of the national commission be strengthened by, inter alia, broadening the selection criteria for the appointment of the Chair and diversifying the composition of the Commission, including regarding gender.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 44
- Paragraph text
- The Special Rapporteur would like to highlight the fact that several national institutions reported facing important challenges when trying to ensure adequate implementation of and follow-up to their recommendations. In the absence of necessary provisions in the statutory framework obliging the Government and other public bodies to formally respond to their recommendations, implementation of such appears to be a problem (South Africa). This is likely to be the case with most institutions which are provided with a limited consultative or advisory type of mandate (Germany, Kazakhstan), which could undermine their impact and effectiveness.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 45
- Paragraph text
- In the opinion of the Special Rapporteur, the credibility and legitimacy of national institutions is certainly strengthened if their mandate originates from a legislative act of Parliament, is clear and broad, including interaction with regional and United Nations human rights mechanisms and establishing coordination mechanisms with other relevant human rights bodies. The mandates of national institutions should state their jurisdiction, and they should be accountable to Parliament through the submission of a periodic report on activities which should be discussed by the legislature, made public and disseminated by all necessary means. Appropriate provisions should be made in order to allow effective implementation and follow-up to the recommendations made by national institutions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 47
- Paragraph text
- The criteria and processes for nomination, appointment and security of tenure of the members of the governing bodies of these institutions should be established and controlled by Parliament. They should ensure an open and transparent process for nomination and appointment. The Sub-Committee on Accreditation has indicated that the participation of members of Government in national institutions should be limited to an advisory capacity and that no secondments of civil servants should be allowed. Tenure should be secure and dismissal only possible in exceptional and clearly defined circumstances.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 71
- Paragraph text
- Some national institutions have reported that they have regular contact and meetings with defenders and civil society networks and organize different types of events and activities in coordination with them (Jordan, Sri Lanka). In certain countries, national institutions establish advisory groups which include defenders in their composition (Norway), in some cases with thematic focus (Serbia, Ukraine). Other institutions report that they encourage civil society to establish advocacy committees to increase synergies with the institution (Afghanistan).
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 112
- Paragraph text
- The Special Rapporteur has addressed the UPR process at numerous occasions during her country visits. She recommended that Armenia fully implement the recommendations made by the Working Group on the Universal Periodic Report had made, and in her reports on her visits to India and the Democratic Republic of the Congo she recommended monitoring the full implementation of the UPR recommendations. After her visit to Honduras in 2013, she recalled the country's commitment to improve the protection of defenders during its UPR and was pleased to note that Honduras had accepted a significant number of recommendations relating to defenders.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 113
- Paragraph text
- The Special Rapporteur would like to note that, within the burgeoning UPR process, there is still room for improvement. National consultations are a key element in the UPR process and States are responsible for creating space for defenders to effectively engage. Some States have failed to convene national consultations prior to finishing the national report. In other cases, such consultations have been convened, but reportedly were not meaningful, did not include human rights defenders or only included selected ones.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 115
- Paragraph text
- The integration of defender-related issues should become more systematic. In this connection, the Special Rapporteur reiterates her recommendation to enhance coordination between States and regional groups. Additionally, the Special Rapporteur still notes a tendency for recommendations with regard to defenders to be vague, and believes that they should be more concrete to facilitate their implementation and measure the progress. The Special Rapporteur would also like to reiterate the need for awareness-raising and capacity-building to allow for the participation of defenders at the grass-root levels in the UPR process (A/HRC/10/12, para. 102).
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 117
- Paragraph text
- Since 2008, of 56 cases of reprisals dealt with by the Secretary-General in his reports, 46 cases regarded human rights defenders (82 per cent). Of these 46 cases, 40 involved the State or security forces (87 per cent). In 26 cases, intimidation, harassment and threats, including death threats (57 per cent), were the main tools used to target defenders. In 11 cases, defenders were detained (24 per cent); in seven cases (15 per cent), they were tortured; in one instance two defenders were killed. In seven cases, defenders were defamed (15 per cent); and in three cases, defenders had a travel ban imposed (7 per cent). Ten reprisals cases concerned defenders working with or on the UPR process (22 per cent). Furthermore, nine reprisals cases concerned defenders who had collaborated with the Council and special procedures (20 per cent). The Special Rapporteur has also reported about specific situations where she had been informed that defenders were afraid of reprisals if she raised their cases with the authorities (see, for example, A/HRC/22/47/Add.4, para. 382).
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 63
- Paragraph text
- The Special Rapporteur concurs with the view that, in countries where human rights are specifically recognized and protected in domestic law, those rights are more likely to be respected and realized in practice. Beyond their normative value, she further believes that human rights laws can have an important educational role in that such laws signal the values for which a particular society stands. The adoption of laws that explicitly guarantee the rights contained in the Declaration on Human Rights Defenders is crucial in that it could contribute to building an enabling environment and give these rights legitimacy. Furthermore, such laws could contribute to building wider societal support for the demand of fulfilling these rights.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 64
- Paragraph text
- The Special Rapporteur has provided guidance on how various types of domestic legislation could contribute to a conducive environment for human rights defenders (A/67/292). She regrets that legislation is used in a number of countries to restrain the activities of human rights defenders and criminalize them, which is in breach of international human rights law, principles and standards. Anti-terrorism and public security legislation has risen to prominence in the last decade and, in many countries, such legislation is used to harass and prosecute defenders in the name of public security.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 65
- Paragraph text
- The Special Rapporteur remains concerned by the trends of judicial harassment and stigmatization of women human rights defenders, including those working on religious practices in relation to blasphemy legislation, and defenders working on sexual and reproductive rights in relation to legislation on public morals. She is also concerned with recent legislative moves to purportedly curb the promotion of homosexuality and the constraints that defenders of the rights of lesbian, gay, bisexual and transgender persons face due to criminalization of same-sex relations in over 75 countries worldwide.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 131j
- Paragraph text
- [Member States should:] Ensure that acts of intimidation and reprisals against defenders who engage with the United Nations, its representatives and mechanisms in the field of human rights, and international human rights bodies are firmly and unequivocally condemned. Ensure that these acts are promptly investigated, perpetrators brought to justice and that any legislation criminalizing activities in defence of human rights through cooperation with international mechanisms is repealed.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 35
- Paragraph text
- For the Special Rapporteur, the evidence is oppressive. Everywhere in today's world, the situations defenders find themselves in give rise to multiple concerns. In very many countries, the situation is getting worse by the day. While the Special Rapporteur is happy about the emergence of a more prominent and better organized civil society, the fact is: there are still too many and, increasingly, multiple hurdles put in the way of those women and men who strive peacefully to promote and protect human rights and fundamental freedoms.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 36
- Paragraph text
- The threats faced by defenders come in many guises (physical, psychological, economic, and social); reflect the interaction of multiple factors (poor governance or the absence of the rule of law, the surge in religious intolerance and fundamentalisms, and tensions over development issues); and are triggered by a variety of (political, economic, religious, State or private) actors. This finding is all the more striking when a growing number of defenders point to backtracking in countries in which the law seems designed to criminalize them and to thwart what they do.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 37
- Paragraph text
- It also transpires from the exchanges of views that the daily threats and barriers faced by defenders are not unrelated to the context of the "war against terrorism" being waged by all the countries. A number of counter-terrorism policies and strategies being pursued by States have posed and continue to pose a threat to defenders, since certain governments use counter-terrorism as a means to target defenders. Such policies entail restrictions on individual freedoms and actions by civil society under the pretext that this affords better protection of the general interest. Thus, numerous States have adopted opaque and complex sets of laws, certain provisions of which have been used to silence all forms of social and political protest and to engage in counter-terrorist activities that violate international human rights norms.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 56
- Paragraph text
- The Special Rapporteur has noted with great interest that, over the past few years, human rights defenders have been active in ensuring that the protection promised by the Universal Declaration of Human Rights is extended to new threats to human dignity. As a result of their work to combat gender-related violence against women, they argue that rights should be protected also within the household and the community. They contend that multinational corporations should be held morally and legally liable for their actions and omissions that deprive men and women of their fundamental rights. They are working to ensure that universal access to primary education and antiretroviral treatment becomes a fundamental right and is not treated as a service that is dependent on charitable action or an aspect of economic development.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- Men
- Women
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 76
- Paragraph text
- The Special Rapporteur was disturbed at the large number of difficulties encountered by this group of defenders, who have to contend with situations in which their physical and psychological wellbeing are threatened. Defenders working in conflict zones and reporting human rights violations face attacks not only from the State, but also from armed groups, militias or terrorist groups, and are regarded as potential enemies by all the parties to the conflict. In that connection, the defenders recalled that the emergence of terrorist groups makes the work of defending human rights especially difficult in certain regions. They also pointed to material difficulties and restrictions on getting into conflict zones, and also to some defenders' lack of experience particularly when documenting cases of human rights violations and keeping their data secure. Finally, the defenders mentioned the exacerbation of nationalist rhetoric and increasing polarisation in public opinion, which tended to isolate defenders, accusing them of not siding with one party or another.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 93a
- Paragraph text
- [The Special Rapporteur recommends that States adopt the following measures:] Do more to disseminate the work of defenders and to support their work through campaigns and specific communication and information activities that pay tribute, in particular, to the contributions made by certain categories of defender, such as women; defenders of the rights of lesbian, homosexual, bisexual, transgender and intersex persons; defenders working in the area of corporate social responsibility and land-related rights; defenders of the rights of minorities and indigenous peoples; and defenders who combat impunity and corruption;
- Legal status
- Non-negotiated soft law
- 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
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 79
- Paragraph text
- The mixed nature of participants' experiences of cooperation underscored the need for more robust political commitment on the part of actors and for strengthening existing mechanisms, and all that, moreover, in a context in which national mechanisms are still deficient, or even non-existent. The defenders also insisted on the importance of training and capacity building to make better use of the various mechanisms and instruments. The Special Rapporteur was struck by the disparity of experiences of cooperation with those mechanisms, be they disparities between regions (with some being familiar, or even very familiar, with the mechanisms: Latin America, Western Europe, West Africa, while others - Horn of Africa, Southern Africa, Asia, Middle East - are not) or between the different mechanisms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 81
- Paragraph text
- As regards those communications, the defenders made it abundantly clear that in their experience the mechanism seemed opaque and ineffective and needed to be reviewed in depth with a view to make it more functional. Several difficulties were identified during the consultations, especially by the group of experts: the insufficient number of communications sent by the Special Rapporteur; the lack of a system of notifications and alerts to inform organizations and individuals that have filed a complaint of subsequent developments, due to the principle of confidentiality written into the code of conduct of special procedures mandate holders; and, finally, the lack of follow-up to communications once they have been published. Those difficulties were felt to be factors that may discourage defenders from asking the Special Rapporteur to intervene.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 112
- Paragraph text
- At the same meeting, the question of reprisals was raised by the Special Rapporteur in a dialogue with the Deputy Secretary-General of the United Nations, whom he informed of the failure by some resident coordinators to show their commitment to human rights defenders or to support requests for protection from some witnesses. The special procedures mandate holders emphasized the role of resident coordinators in this connection, including the need that, as senior representatives of the United Nations on the ground, they should support special procedures mandate holders dealing with cases of reprisals against persons with whom they had been in contact and should conduct the necessary follow-up when the mandate holders have left the country.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 113
- Paragraph text
- The Special Rapporteur recalls the joint statement made on 15 March 2012 by the rapporteurs on human rights defenders of the United Nations, the African Commission on Human and Peoples' Rights and the Inter-American Commission on Human Rights on reprisals against individuals and groups who seek to cooperate with the United Nations, the African Commission on Human and Peoples' Rights and the Inter-American Commission on Human Rights. He welcomes the determined attitude adopted by the President of the Council in calling on all States to combat such reprisals.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 120
- Paragraph text
- While observing the working rules applying to special procedures mandate holders, the Special Rapporteur intends to interpret his mandate as widely as possible in order to make it as effective as possible, basing his approach on the results obtained by his predecessor and on the knowledge acquired and the working methods used. He means to explore new avenues and innovative working techniques, where that seems appropriate, and to inform the Council of his activities on a regular basis.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 124f
- Paragraph text
- [Member States should:] Pay particular attention to the most exposed groups: those who work for economic, social and cultural rights or minority rights; environmental defenders; defenders of lesbian, gay, bisexual, transgender and intersex rights; women defenders and those who work for women's rights; defenders who work in the area of business and human rights; those who work in an area exposed to internal conflict or a natural disaster; defenders living in isolated regions; and defenders working on past abuses, such as the families of victims of enforced disappearance;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Environmental human rights defenders 2016, para. 30
- Paragraph text
- The assassination of environmental human rights defenders is only part of the overall violence they face. The submissions received by the Special Rapporteur show that environmental human rights defenders confront numerous threats and violations, including violent attacks and threats to their families, enforced disappearances, illegal surveillance, travel bans, blackmail, sexual harassment, judicial harassment and use of force to dispel peaceful protests. Such violations are committed by State and non-State actors, and take place in the context of the overall stigmatization, demonization and delegitimization of environmental human rights defenders. In some countries, violations are intertwined with the overall climate of criminalization of their work, especially in the context of large-scale development projects (see A/68/262).
- Legal status
- Non-negotiated soft law
- 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
- Families
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 31
- Paragraph text
- Reports also indicate that most individuals and groups facing threats are those who oppose land grabbing, extractive industries, the industrial timber trade and large-scale development projects. Indigenous communities and ethnic and racial minorities are particularly vulnerable (see A/HRC/24/41 and A/71/291). They are the most affected because the resources exploited are usually located in their lands; they lack legal protection while exerting strong and vocal opposition; many indigenous communities do not hold formal title over the land they inhabit; and their access to justice is limited.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 32
- Paragraph text
- Communications sent by the Special Rapporteur reflect the grim picture of the situation of environmental human rights defenders. In the period from December 2006 to July 2016, the mandate sent 2,730 communications on human rights defenders, 243 of which (9 per cent) concerned environmental defenders. There has been a slight increase in the number of cases involving environmental human rights defenders, from a total of 106 (7 per cent) out of 1,498 communications in the first five-year period (December 2006-May 2011) to 137 communications (11 per cent) in the second period (June 2011-July 2016).
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 34
- Paragraph text
- Latin American and Asia have been the most hostile regions for environmental human rights defenders. In the last five years, of the 137 communications, 48 per cent concerned the Americas, the most dangerous area. Those promoting rights in relation to the extractive and mining industries, palm oil cultivation and deforestation proved to be most at risk (27 communications). The largest number of communications concerned Honduras (11), Mexico (10), Brazil (9) and Peru (8). In the vast majority of the fatal cases, the victims had previously reported threats and intimidation, but they received no adequate protection despite a prominent decision by the Inter-American Court of Human Rights affirming the State duty to respect, protect and fulfil the rights of defenders, as well as to conduct serious and effective investigations of any violations against them, thus preventing impunity.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 45
- Paragraph text
- The range of actors that stand to gain from hindering their work exacerbates the risks facing environmental human rights defenders. The human rights obligations of business actors have not been articulated as clearly as those of States, and the weak regime concerning the duty of companies to respect the rights of defenders is one factor underlying their vulnerability. Reports have shown that businesses have been involved in human rights abuses that range from restricting the legitimate activities of defenders to curtailing the exercise of their rights, to attacks carried out by private security firms on behalf of companies. National action plans, when established, often fail to advise how States should sanction corporations involved in such abuses. Some corporations have developed social responsibility strategies or mechanisms, which either lack teeth to prevent violations or have been used as publicity tools to whitewash the company's public image.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 76
- Paragraph text
- Businesses should provide clear guidance to employees, contractors and partners on the rights of environmental human rights defenders and communities to express their views, conduct peaceful protest and criticize practices without intimidation or retaliation. They should have clear procedures for receiving complaints of misconduct and to respond to them in a timely manner. Human rights due diligence should involve tracking responses and explaining how the impacts are addressed. Businesses need to set up transparent processes that provide remedies for negative human rights impacts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 77
- Paragraph text
- In some cases, banks and financial institutions have provided funds, services and technical support for companies to rectify and prevent human rights violations, such as the improper acquisition of land. The Special Rapporteur welcomes the growing commitment of financial institutions to principles such as responsible financing, lending and investment. The use of environmental, social and governance criteria for risk assessment and the evaluation of the performance of investments can strengthen the accountability of corporations.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 78
- Paragraph text
- Environmental education is, laudably, becoming widespread, as expressed both in formal curricula in educational institutions and in public education campaigns. Such education initiatives should recognize the crucial role played by environmental human rights defenders in environmental protection. Building public support for defenders through education serves important preventive and protective functions. Human rights education must also be available for government officials, journalists and others working on environmental and development issues. The Special Rapporteur encourages initiatives such as the Global Action Programme on Education for Sustainable Development of the United Nations Educational, Scientific and Cultural Organization and supports the call by UNESCO for inclusive, empowering education about the environment, engaging civil society and local communities as active participants.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 79
- Paragraph text
- Similarly, it is important for different branches of Government beyond traditional units responsible for law enforcement to recognize the role of environmental human rights defenders in environmental protection. State entities responsible for other activities, including for the environment, resource development and indigenous peoples, must also be involved in the protection of the environment and environmental human rights defenders. States are encouraged to integrate a human rights-based approach into the work of environmental protection agencies and other relevant institutions. It is important that such institutions be given the resources and support required for effective environmental governance.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 80
- Paragraph text
- Awards and prizes for environmental human rights defenders are an important means of drawing attention to their work and the risks they face. Awards are based on their environmental achievements generally or on specific risks. An example of the latter is the Goldman Environmental Prize, awarded annually to environmental human rights defenders from around the world. Awards also help build the profile and legitimacy of defenders, give voice to their security concerns and celebrate their successes. However, awards are not a panacea, and should be supported by robust protection measures for defenders at risk. Wherever advisable, they should recognize groups of defenders and communities rather than singling out individuals.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 47
- Paragraph text
- The intensified competition for natural resources in recent decades has led to multiple social and environmental conflicts all over the world. The recent crisis has exposed the vulnerability of the countries of the global South, which have prioritized resource-based development models to raise their national income. Much of the demand for the resources in those countries comes from countries in the global North. In a globalized world, the quest for economic growth has resulted in a neo-colonial environment that exacerbates conflicts between communities and business actors. What underlie these conflicts are profoundly different approaches to development.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 84
- Paragraph text
- Regional and international forums provide important mechanisms for monitoring and responding to the situation of environmental human rights defenders. The Inter-American Commission on Human Rights established the Office of the Rapporteur on the Situation of Human Rights Defenders, which monitors the situation of defenders, including environmental human rights defenders. The Commission and the Inter-American Court of Human Rights have provided important relief to environmental human rights defenders through court decisions and "precautionary measures", requesting States to take action where defenders are at acute risk. The Special Rapporteur is concerned about the budgetary reduction facing the Commission and its impact on the continuing ability of the Commission to monitor, support and protect defenders in the region.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 48
- Paragraph text
- Recent reports have pointed to a growing opposition between what could be considered a commodity-based approach, prioritizing economic growth and midterm profits, and rights-based approaches, favouring populations' interests and sustainability. Communities protesting against projects that threaten their very livelihood and existence have often faced stigmatization and attacks from States and corporations, which label them "anti-development". Yet, these defenders often seek to preserve natural resources and to ensure a holistic and long-term approach to development where land, water, air and forests are not reduced to mere marketable goods. The commodification and financialization of nature often lead to simplifying the real "value" of the environment, ignoring the social or cultural dimensions and the complex interactions of elements within and between ecosystems.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 49
- Paragraph text
- Corruption and impunity also underlie the growing number of conflicts around natural exploitation and large-scale development projects, owing partly to the fact that the majority of such projects require vast financial investments, which can fall prey to corruption. This situation is particularly patent in States with poor and non transparent governance processes, which lead to collusion at the expense of the public good. In many land-grabbing situations, businesses, authorities, local suppliers and sometimes organized crime benefit from loopholes in the laws regulating these practices.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 50
- Paragraph text
- Corruption is often a consequence of the lack of transparency in such projects. This is exemplified by environmental impact assessments that were not performed with the participation of the affected communities, were unavailable to them or were inaccessible owing to the complexity of the documentation or its language. Yet, Governments use transparency as a pretext to harass organizations opposing large-scale projects. Moreover, the complexity of the structures and processes of many large-scale development projects also makes it difficult to clearly identify the multiplicity of stakeholders (banks, anonymous companies, international investors, local suppliers, funding institutions, etc.) and the chain of responsibility for ensuring accountability for certain violations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 51
- Paragraph text
- The Special Rapporteur is extremely concerned about the lack of independent and prompt investigations into attacks perpetrated against environmental human rights defenders, which is often linked to a lack of resources, corruption and collusion between perpetrators. States have nearly always failed to ensure that perpetrators are brought to justice and sanctioned. This has been the case in countries such as Brazil, Guatemala, Honduras and the Philippines, and this situation can perpetuate the climate of impunity, sending the message that environmental human rights defenders cannot trust the justice system to seek remedy for violations.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 98
- Paragraph text
- As noted above, defenders are protected at a number of levels. Regional and international forums provide opportunities to discuss, coordinate and develop policies for the protection of defenders. Besides defenders themselves, actors at the international and regional level include international and regional organizations, States, civil society networks, international civil society organizations and philanthropic funders. At these levels, international actors play an important role in supporting the development of strong policies and guidelines, monitoring and responding to the situation of defenders and providing flexible funding for their protection.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 102
- Paragraph text
- Regional and international forums are also an important mechanism for monitoring the situation of defenders and responses to situations of risk. The Office of the Rapporteur on the Situation of Human Rights Defenders of the Inter-American Commission on Human Rights monitors the situation of defenders and issues "precautionary measures", requesting States to take action when defenders are at acute risk. Such urgent action procedures in regional organizations allow for a rapid and context-sensitive response to situations of risk. The Commissioner for Human Rights of the Council of Europe has raised cases of defenders at risk through his dialogue with authorities and intervened before the European Court of Human Rights in defenders-related cases.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 103
- Paragraph text
- United Nations human rights mechanisms have supported the protection of defenders in a number of ways. The Special Rapporteur receives and acts on a large number of communications from defenders at risk. When possible, these communications prompt a discussion with State authorities, which results in their more effective protection. The treaty bodies, mandated to monitor the implementation of State parties' obligations under the treaties, can consider individual communications and conduct inquiries and investigations through country visits. The universal periodic review has also provided a forum for considering the situation of defenders. Resolutions adopted by the Human Rights Council on the protection of defenders have provided normative language, reflecting the needs and circumstances of defenders around the world.
- Legal status
- Non-negotiated soft 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 78
- Paragraph text
- As noted above, greater public visibility of threats to defenders can serve a protective function. Indeed, public awareness of human rights and the situation of defenders may even prevent human rights violations against defenders. This awareness and support can be fostered by providing the general public with accurate information on the activities and situation of defenders by means of traditional and social media. Members of the media themselves can be defenders, and can thus face many of the same risks as other defenders (see A/HRC/19/55, paras. 118-122).
- Legal status
- Non-negotiated soft law
- 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
- Activists
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 80
- Paragraph text
- The media can also, however, reproduce and reinforce patterns of inequality and marginalization; for example, women defenders and LGBTI activists are sometimes targeted in social media smear campaigns and vilified by mainstream media outlets. Some good practices within the media to combat this phenomenon include proactive training about defenders at higher risk and emerging rights, as well as stronger support within media outlets for defenders and those working on these issues. Women defenders have noted a strong correlation between media outlets hiring and supporting women journalists and improved coverage of women's rights.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 81
- Paragraph text
- Human rights education is a long-standing tactic of the human rights movement and should be directed at various audiences, including State officials, professional groups, students and the general public. Rights education can lead not only to a better understanding of a State's human rights obligations, but can also serve as a vehicle for understanding "the relationships that undergird the discourses and actions of human rights violators, human rights protectors, and human rights victims." It can also provide other concrete dividends; for example, training medical staff in human rights could facilitate the collection and presentation of forensic evidence in the prosecution of perpetrators of violence against defenders.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2016
Paragraph
Work in progress, challenges and the way forward 2017, para. 26
- Paragraph text
- Another particularly at-risk group is defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons. Discrimination and attacks against them are increasing at an alarming rate, partly as a result of the rise of religious fundamentalism around the world. In this regard, the Special Rapporteur welcomes the appointment of an Independent Expert on sexual orientation and gender identity and hopes to be able to collaborate with him to better protect persons working to defend the rights of lesbian, gay, bisexual, transgender and intersex persons.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 45
- Paragraph text
- The Special Rapporteur also planned follow-up visits to countries that had been visited by his two predecessors in order to discuss, with the Governments of those countries and with other stakeholders, the actions taken in follow-up to the recommendations contained in the mission reports. The Special Rapporteur is also mandated to provide assistance with practical initiatives aimed at improving the protection of human rights defenders. In that capacity, he has proposed to the authorities of Serbia and Kosovo that visits should be conducted over the next three years.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 46
- Paragraph text
- The Special Rapporteur has engaged in discussions with representatives of numerous countries during sessions of the Human Rights Council in Geneva and of the General Assembly in New York, as well as in the field when on academic assignment or upon invitation by regional defender networks. Thus, between 2014 and 2017, he met with representatives of Canada, Colombia, Costa Rica, France, Germany, Honduras, Ireland, Mexico, Mongolia, Norway, Serbia, Sweden and the United States. Even though such meetings take place outside the framework of official country visits, the Special Rapporteur believes that they are no less essential in facilitating information-sharing and in strengthening the dialogue with his office. He extends thanks to the States that made their representatives available for such meetings and encourages the Governments of countries that receive similar requests to respond positively to them.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 47
- Paragraph text
- If the Special Rapporteur has the opportunity to continue his work under a second mandate, he will further such discussions and will explore additional options with the States involved, for instance, establishing a network of countries that have taken measures towards protecting human rights defenders. In that connection, he believes that it is important to facilitate opportunities for dialogue between States to foster the sharing of good practices and to improve follow-up on recommendations. He would also like to explore ideas such as the designation of focal points, in ministries and embassies, who would be tasked with monitoring the situation of human rights defenders, and the inclusion of a section on defenders in all reports submitted under the universal periodic review.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 66
- Paragraph text
- Through his discussions with relevant stakeholders, the Special Rapporteur has been made aware of countless initiatives that offer practical solutions to defenders' problems, ranging from relocation programmes and national protection mechanisms to the establishment of national and regional networks. If given the opportunity to continue his work under a second mandate, the Special Rapporteur intends to further strengthen some of these initiatives, such as the cities of refuge network and regional and subregional defender networks. A number of these networks require additional support; the Special Rapporteur intends to provide capacity-building assistance to some of these networks, which have become essential in ending the isolation that defenders sometimes experience in the field and to take action when people are at risk.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 67
- Paragraph text
- The Special Rapporteur remains deeply concerned at the lack of visibility and of recognition of defenders' work. He notes that there is often a disconnect between public opinion and the active community of human rights defenders. The lack of understanding around the role of defenders is a formidable means used by some States to pit entire sectors of the population against one another and to undermine the situation of people who are working to protect human rights and freedoms. If people do not understand the role of human rights defenders, it is largely because we have not been successful in explaining it to them and because too often we remain bound by institutional or legal jargon. This helps to perpetuate the misconception that the struggle for human rights is the privilege of an erudite minority oblivious to everyday reality. The Special Rapporteur would like to do some case studies and focus more on individual testimonies in his messages to emphasize that ordinary heroes are first and foremost mere individuals motivated by their hope for a better world. It is also crucial to take advantage of the twentieth anniversary of the Declaration on Human Rights Defenders, in 2018, to bring together all the various stakeholders and to launch ambitious initiatives aimed not only at familiarizing more people with the Declaration, but also to demonstrate the essential role of defenders in safeguarding democracy and basic rights. The Special Rapporteur intends to make films, web documentaries or short videos to present, in a fun and accessible manner, the Declaration and major resolutions on the protection of defenders. He also plans to develop partnerships and thus work more closely with schools, universities and vocational training institutions in order to meet young people and show them the relevance of the struggle for human rights.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 68
- Paragraph text
- It is not only the general public who is unfamiliar with the Declaration on Human Rights Defenders. During the Special Rapporteur's numerous discussions with defenders, many admitted that they themselves were unaware of or not sufficiently familiar with the Declaration. Too often, the Declaration is seen as abstract or is not understood by the people it was designed to protect. However, the Declaration is meaningful only if it is applied on a daily basis. The Special Rapporteur has therefore developed tools to clarify the contents of the Declaration and make it more accessible, using infographics and posters available online and in hard copy. The Declaration will soon be translated into several new languages and dialects, making it accessible to even more people.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 70
- Paragraph text
- Increasing visibility will also require support from regional and national partners, such as United Nations country offices. The Special Rapporteur welcomes the firm declarations of support by the United Nations High Commissioner for Human Rights and the fact that some regional offices have paid tribute to the work of defenders and have condemned legislative developments aimed at criminalizing their work. Other initiatives, such as the designing of new tools and means of communication, should also be explored. It would be particularly useful, for defenders, to produce summaries of the recommendations contained in the Special Rapporteur's reports and their application to national and regional contexts.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 72
- Paragraph text
- Moreover, the Special Rapporteur, recognizing his responsibility to raise awareness about the situation of defenders, was eager to rapidly develop tools that facilitate greater access to information about the various issues that his mandate seeks to address. He therefore decided to strengthen his mandate's visibility on digital media, including through a multilingual website that presents, in an accessible manner, his mandate's mission and working methods and highlights his activities as Special Rapporteur. In just a few months, over 10,000 people have visited the website, the visibility of which he now hopes to increase further so as to reach as many people as possible.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 73
- Paragraph text
- A simpler version of the Special Rapporteur's reports, targeted at the general public, has been developed and distributed during his numerous trips. He also recently designed a brochure, now available in three languages, to explain the role of the Declaration, the importance of defenders' work, and his mandate. He has strengthened his presence on social media. The ever-increasing number of accounts created is proof of the interest and concern of the general public with regard to human rights and the situation of those who promote them.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 4
- Paragraph text
- The Special Rapporteur also believes that efforts and resources must be directed at ensuring that States respect the commitments that they have made. In recent decades, many standards of human rights protection have been adopted at the international level. The Special Rapporteur has observed that these standards, for the most part, are not implemented on the ground and that, when they are, they are too often applied haphazardly. In time, if these standards remain ineffective, we risk seeing entire populations lose hope and turn away from the struggle for human rights. As a matter of urgency, these standards must therefore become a reality on the ground.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 44
- Paragraph text
- Because they have primary responsibility for protecting human rights defenders and for ensuring respect for human rights, States have been treated as privileged partners and the Special Rapporteur has sought to strengthen his relationships with them. During his mandate, he conducted four official visits (Burundi in 2014 and Australia, Azerbaijan and Hungary in 2016). He has repeatedly raised the difficulties encountered in setting up country visits, including the lack of responsiveness by States, as a result of which he conducted no official visits in 2015. The Special Rapporteur is already in discussion with the Government of Peru with a view to conducting an official visit during the second half of 2017. He has also sent visit requests to the authorities of Afghanistan, Israel, Nicaragua, Paraguay, Serbia and the State of Palestine, as well as to Kosovo.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 22
- Paragraph text
- The Special Rapporteur set up consultations with women defenders during each of his country visits. In total, over 15 meetings and consultations were held between June 2014 and January 2017 with the active support of women's rights organizations such as JASS (Just Associates) and the Association for Women's Rights in Development. While some may have found it difficult to appreciate the relevance of these exchanges, the feedback that the Special Rapporteur has received from participants has convinced him of the need to maintain this practice so that women defenders can express themselves independently of the representations made, often unconsciously, by some of their male counterparts. The Special Rapporteur therefore wishes to continue that process and make it part of all future field trips. According to JASS (Just Associates): In a context in which women defenders see their political participation threatened by a resurgence of violence and discrimination, the work of the Special Rapporteur Michel Forst has been essential in protecting and recognizing the critical contribution made by such women to the struggle for justice, equality and peace. The consultations held in different regions of the world and the communications issued by the mandate holder have helped to give a voice to hundreds of women defenders and women's rights organizations that are at risk. These consultations have also made it possible to identify the specific risks faced by women defenders and have promoted the establishment of protection mechanisms that incorporate a gender perspective.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 7
- Paragraph text
- Like his predecessors, the Special Rapporteur has sought to develop innovative working methods in order to be more effective and to better respond to defenders' need for protection. This commitment to action is meaningful only if it is accompanied by objective assessments. That is why, in his view, it was essential to spend time reflecting on what has been implemented in order to analyse and assess the impact of all the work that he and his team have carried out over nearly three years. To that end, this report takes stock of the progress made and the challenges that lie ahead. It also identifies those areas in which, in view of the possible renewal of his mandate, the Special Rapporteur intends to become more involved so that his work remains relevant and responds as effectively as possible to defenders' expectations. This report should be seen not as an exhaustive exercise, but as a mirror held up to the action plan established in October 2014 (A/69/259).
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 24
- Paragraph text
- According to Global Witness campaigner Ben Leather: The mandate holder has rightly identified environmental defenders as one of the groups that are most at risk. For us, whose work is to support these defenders, the mandate holder has addressed a number of critical issues in his innovative report that has proved useful in many ways. First and foremost, the report strongly and unequivocally stresses the importance of human rights defenders in fighting for our planet and our rights in the face of powerful private interests. Secondly, the report identifies the various actors who are seeking to hinder, threaten and attack defenders and highlights the changes that must take place, particularly in relation to private businesses and investment banks. Lastly, and perhaps most importantly, this report is far more than a mere document. It contains a straightforward analysis of the risk factors and clearly indicates how the numerous attacks against defenders can be stopped. It is by drawing inspiration from the strength of conviction, innovation and tenacity of defenders that the mandate can best support and protect them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 28
- Paragraph text
- The Paris Principles (1991) are a set of minimum standards that national institutions, regardless of their structure and mandate, should respect. They are now broadly accepted as benchmarks for the accreditation of national institutions and a litmus test of an institution's legitimacy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 93
- Paragraph text
- The Afghanistan Independent Human Rights Commission works with advocacy committees made up of NGOs in Afghanistan to advocate for increased respect for human rights, including the protection of human rights defenders.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 63
- Paragraph text
- In the present section, the Special Rapporteur sets out minimum standards that should be applied in the development and application of legislation affecting the activities of human rights defenders. It aims to remind States of international principles that ensure respect for human rights and to show how these can be made operational to ensure a conducive working environment for human rights defenders.
- Legal status
- Non-negotiated soft 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
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. 122
- Paragraph text
- The protection of journalists and media workers active on human rights issues should not be limited to those formally recognized as such, but should include other relevant actors, such as community media workers, bloggers and those monitoring demonstrations.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Large-scale development project and human rights defenders 2013, para. 68
- Paragraph text
- Lack of information and transparency and opaque decision-making are not only major flaws in the implementation of large-scale development projects. They can also lead to the disempowerment and vulnerability of defenders and affected communities, and seriously undermine the credibility and legitimacy of both State and non-State actors involved in the projects.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Large-scale development project and human rights defenders 2013, para. 81b
- Paragraph text
- [States should:] Oblige those responsible for large-scale development projects to carry out human rights impact assessments and human rights due diligence on an ongoing basis;
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 81c
- Paragraph text
- [States should:] Consider the substantive incorporation of a human rights-based approach in national development plans and the effective implementation of the human rights aspects of such plans;
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Work in progress, challenges and the way forward 2017, para. 69
- Paragraph text
- All of these initiatives will be inadequate if they are not appropriately disseminated through various communication channels. Increased media coverage will therefore be necessary. The Rapporteur has published opinion pieces in various international dailies, including on the consequences of counter-terrorism laws for defenders and on the spread of attacks on environmental defenders.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Violations committed against defenders by non-State actors 2010, para. 72
- Paragraph text
- [The Special Rapporteur would like to make the following recommendations.] [To States] Promote the role and activities of human rights defenders.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 26
- Paragraph text
- Since the beginning of her mandate, the Special Rapporteur has identified specific situations impeding the work of human rights defenders and leading to a highly insecure environment.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
On the Declaration on human rights defenders 2011, para. 29
- Paragraph text
- The right to freedom of association applies to every man and woman working to promote and protect human rights, providing they accept and apply the principles of universality and non-violence.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
On the Declaration on human rights defenders 2011, para. 61
- Paragraph text
- In this context, the right to develop and discuss new human rights ideas is an important provision to support and protect those defenders that advocate new visions and ideas of human rights.
- Legal status
- Non-negotiated soft 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
Paragraph
Vision and Working Methods of the Mandate 2014, para. 51
- Paragraph text
- That is also an issue which is raised constantly in the complaints and reports received on the situation of defenders, showing that certain defenders are even more exposed to specific risks related to their particular sphere of activity.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Vision and Working Methods of the Mandate 2014, para. 53
- Paragraph text
- Each of the future thematic reports and mission reports will contain a specific section dedicated to analyzing the development of trends and particular threats facing the most exposed groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Vision and Working Methods of the Mandate 2014, para. 57
- Paragraph text
- Similarly, unwarranted restrictions on freedom of expression or opinion are often utilized by States to prevent defenders from expressing themselves or undertaking actions to protect and promote rights and fundamental freedoms.
- Legal status
- Non-negotiated soft law
- 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
- Activists
- Year
- 2014
Paragraph
Security and protection of human rights defenders 2010, para. 114c
- Paragraph text
- [Furthermore, the Special Rapporteur:] Encourages national human rights institutions to: Investigate complaints made by human rights defenders
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
On the Declaration on human rights defenders 2011, para. 119
- Paragraph text
- States should ensure and facilitate by law access to funds, including from foreign sources, for the purpose of defending human rights.
- Legal status
- Non-negotiated soft 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
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 125b
- Paragraph text
- [The United Nations should:] Ensure that specific measures relating to human rights defenders are included in its programmes and activities;
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 126a
- Paragraph text
- [National human rights institutions should:] Take effective measures to protect human rights defenders when they are in danger;
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Security and protection of human rights defenders 2010, para. 38
- Paragraph text
- These past few years, the safety of defenders has been increasingly threatened by a growing number of non-State actors in a climate of impunity.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Large-scale development project and human rights defenders 2013, para. 83a
- Paragraph text
- [Private companies should:] Exert human rights due diligence in all operations;
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Violations committed against defenders by non-State actors 2010, para. 30
- Paragraph text
- The State's duty to protect the rights of defenders from violations committed by non-State actors is derived from each State's primary responsibility and duty to protect all human rights, as enshrined in article 2 of the International Covenant on Civil and Political Rights, which establishes the obligation of States to guarantee to all individuals within their territories and subject to their jurisdiction the rights recognized in the Covenant without discrimination.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 39
- Paragraph text
- This duty should also be reflected in any existing guidelines on human rights defenders. For example, the objective of the European Union of influencing third countries to carry out their obligations to respect the rights of human rights defenders and to protect them from attacks and threats from non-State actors should be accompanied, as a corollary, with the objective of influencing companies within their jurisdictions to respect the rights of human rights defenders.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 49
- Paragraph text
- As mentioned by the Special Rapporteur on previous occasions, national human rights institutions could play a leading role whenever States' judicial systems are unable or unwilling to adjudicate on alleged violations against defenders. The Special Rapporteur would like to stress the important role that independent and effective national human rights institutions could play in handling complaints against non-State actors, including private corporations.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 94
- Paragraph text
- According to the information received, the Colombian Constitutional Court has stated that women defenders face extraordinary risks linked to both their condition of women and to their active participation in community and social movements. In this connection, the Constitutional Court has issued orders to overcome the inadequate protection of those women who work as leaders of internally displaced communities and has highlighted the gender-related risks faced by women defenders in the context of the conflict.
- Legal status
- Non-negotiated soft law
- 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
- Persons on the move
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 107
- Paragraph text
- The Special Rapporteur is concerned at the large number of violations which appear to be perpetrated by agents or representatives of the State, including police officers, military, Government officials and the judiciary. These violations reportedly include arrests, mistreatment, torture, criminalization, wrongful sentencing but also stigmatization, threats, death threats and killings.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 16
- Paragraph text
- Furthermore, overly broad provisions in anti-terrorism legislation severely curtail freedom of opinion and expression. The Special Rapporteur has been informed of a number of cases in which human rights defenders have been convicted on terrorism charges, notwithstanding the fact that the evidence presented has been limited to articles, blog entries and/or tweets in which the defenders in question have called for reforms in favour of human rights.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 17
- Paragraph text
- The rights 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 asserted in various international treaties, foremost among them the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of all forms of Discrimination against Women (CEDAW).
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Security and protection of human rights defenders 2010, para. 49
- Paragraph text
- The Special Rapporteur is deeply concerned about the continuing denigration campaigns and the violent threats against defenders of lesbian, gay, bisexual and transgender rights. The right to peaceful assembly is also often denied to defenders working on lesbian, gay, bisexual and transgender issues or, alternatively, the police does not provide adequate protection for such demonstrations. Complaints related to violence and attacks are often not taken seriously by the police and are not always investigated properly.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2010
Paragraph
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 44
- Paragraph text
- During the reporting period, the mandate holder sent 42 communications regarding cases where journalists and media workers were subject to criminalization and the abusive use of legal frameworks (Asia Pacific 14, Middle East and North Africa 11, Africa 9, Americas 5, Europe and Central Asia 5). Since the inception of the mandate, information received indicates that often arrests and detentions of human rights defenders, including journalists and media workers, have been part of this strategy (see A/58/380).
- Legal status
- Non-negotiated soft law
- 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
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. 46
- Paragraph text
- These defenders were also subjected to threats, including death threats. During the period, 23 communications referred to threats in the form of letters, e-mails, phone calls and warnings by authorities (the Americas 8, Asia Pacific 7, Europe and Central Asia 4, Middle East and North Africa 2, Africa 2). More specifically, 17 communications referred to death threats (Asia Pacific 7, Americas 3, Africa 3, Europe and Central Asia 3, Middle East and North Africa 1).
- Legal status
- Non-negotiated soft law
- 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
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. 77
- Paragraph text
- Defenders working on these issues have also been subjected to arrest (India) and detention (Chile, New Zealand, Brazil, Nepal, Bangladesh and Tanzania). They have faced criminalization in the form of accusations of possession of illegal weapons, land-grabbing (Bangladesh) and terrorism-related offences (17 defenders in New Zealand). NGOs in Guatemala faced stigmatization and a public campaign to discredit them following the presentation of a report to the Committee on the Elimination of Racial Discrimination.
- Legal status
- Non-negotiated soft 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
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. 112
- Paragraph text
- In a great majority of the cases, the alleged perpetrators were State actors, often police and, in some cases, security forces. In a few cases, it was not possible to identify the perpetrators. It is important to note that alleged violations often seemed to be linked to organization of and participation in peaceful demonstrations, public appearances and speeches or the publication of articles or blog entries.
- Legal status
- Non-negotiated soft law
- 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
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. 41
- Paragraph text
- During the period, the mandate holder sent 21 communications with allegations of torture and ill-treatment of journalists and media workers acting as human rights defenders (Middle East and North Africa 9, Asia Pacific 6, Africa 5, the Americas 1). In some instances, torture not only implied physical abuse, but also included denial of medical treatment by the authorities.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Large-scale development project and human rights defenders 2013, para. 46
- Paragraph text
- Communities and those defending their rights should participate actively, freely and meaningfully in the process and be protected from retaliation and other violations at all stages. Ensuring such participation and protection is a responsibility of both State and non-State actors involved in large-scale development projects. Participation goes beyond mere consultation; it implies active involvement and empowerment of defenders and building their capacity to interact effectively with other stakeholders.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 32
- Paragraph text
- The Paris Principles also acknowledge the importance of non-governmental organizations (NGOs) in "expanding the work of the national institution" and encourage national institutions to establish relations with civil society. This interaction can assist national institutions in protecting their independence and pluralism, thereby enhancing their effectiveness and reinforcing their legitimacy.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 14
- Paragraph text
- For the purposes of the present report, the term "large-scale development projects" refers to the acquisition, lease or transfer of land or natural resources for commercial investment purposes. The Special Rapporteur does not identify a specific threshold for what should constitute "large-scale" but considers the impact of a project on its surroundings, specifically with regard to the human rights of affected communities and those defending the rights of those communities, to be a key factor.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 22
- Paragraph text
- The human rights-based approach to development is built on the explicit identification of rights holders, and their entitlements, and of duty bearers, and their obligations. It grounds the development analysis in the realm of enforceable obligations and respect for internationally agreed norms, principles and standards. In order for policies and projects to effectively attain their desired results in a sustainable manner, consideration needs to be given to the human rights aspect.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
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. 97
- Paragraph text
- Despite recognition in international human rights law of the legitimacy of their work, youth and student defenders continue to face severe violations of their human rights as a result of that work. The mandate holder has been monitoring the situation of youth, particularly student, activists working to protect human rights, since the mandate's inception, with their situation and challenges having already been assessed in several reports from the mandate holder.
- Legal status
- Non-negotiated soft law
- 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
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. 102
- Paragraph text
- All 60 cases raised by the mandate holder during the period reported related to violations against youth and student defenders working on a very wide range of issues, including torture, arbitrary detention, enforced disappearances, impunity, freedom of religion, minority rights, students' rights, youth rights, education, women's rights and gender issues, trade policies and other economic issues, environmental and land issues, peacebuilding and democracy promotion.
- Legal status
- Non-negotiated soft law
- 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
- Women
- Youth
- Year
- 2012
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 46
- Paragraph text
- National institutions should be able to work independently, without interference of any sort from the authorities or other branches of the State. In this connection, the Paris Principles and the general observations of the Sub-Committee on Accreditation provide substantive guidance on how to strengthen the organizational and operational structure of institutions with the aim of ensuring their autonomy and independence.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 110
- Paragraph text
- Several national human rights institutions reported that they are engaged in activities aimed at strengthening the capacity of human rights defenders to protect themselves and otherwise make their work more effective. In Mexico, both the National Human Rights Commission and the Human Rights Commission of the Federal District (Mexico City) have developed publications which provide guidelines on protection of human rights defenders.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 66
- Paragraph text
- National institutions should therefore be inclusive and accessible to the different constituencies. This could be reflected at the level of the composition of their membership and staff, but also in the ways they interact with the main stakeholders, including defenders and activists. Interaction with civil society will reinforce the credibility and legitimacy of the institution and can certainly strengthen the design and implementation of its activities.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 57
- Paragraph text
- The Special Rapporteur is of the opinion that national institutions with a broad and clear mandate are able to work independently and more effectively, leading to a higher degree of legitimacy among their constituencies. She also considers that all members and staff of national institutions should enjoy immunity from civil and criminal proceedings while discharging their functions in good faith to avoid undue liabilities and restrictions in the conduct of their legitimate human rights work.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 131a
- Paragraph text
- [Member States should:] Ensure that defenders can conduct their work in a conducive legal, institutional and administrative framework. In this vein, refrain from criminalizing defenders' peaceful and legitimate activities, abolish all administrative and legislative provisions that restrict the rights of defenders, and ensure that domestic legislation respects basic principles relating to international human rights law and standards;
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 131c
- Paragraph text
- [Member States should:] Raise awareness about the legitimate and vital work of human rights defenders and publicly support their work. In this respect, widely disseminate the Declaration on Human Rights Defenders and make sure that human rights educational programmes, especially those addressed to law enforcement and public officials, include modules that recognize the role played by human rights defenders in society;
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 55
- Paragraph text
- The State has a duty to protect those who work for the promotion and protection of human rights defenders under their jurisdiction, regardless of the status of the alleged perpetrators, from any violence threats, or any other arbitrary action as a consequence of the legitimate exercise of their work (art. 12). 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.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 71
- Paragraph text
- The Special Rapporteur intends to develop cooperation with regional courts, which, thanks to interim measures, among others, successfully provide protection for human rights defenders, particularly those threatened with refoulement or return to countries at risk. He has already been in contact with the Inter-American Commission on Human Rights and the Council of Europe about this. There is significant evidence to show the effectiveness of such measures when they are adopted by States.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 43
- Paragraph text
- Being a human rights defender involves personally exposing oneself to multiple dangers, including risking one's life or liberty. With the exception of defenders from a few countries, that is the conclusion reached by numerous defenders when they describe the threats and challenges they face. The defenders first testified straightforwardly, but with considerable feeling, regarding the frequent attacks they are subjected to physical, be it in the form of attempted murder, abduction or even acts of sexual violence, which sometimes force them to go into exile, leaving their next of kin behind and devoid of protection. The Special Reporter was struck by the number or instances cited by the defenders, in which they were remanded in custody for no reason, or suffered torture, clandestine arrests or trials by military tribunals. Often enough, when defenders attempt to alert the media to their situation, seek justice and obtain reparation, they encounter a fair amount of indifference. Generally speaking, attacks on them are not investigated and the perpetrators lose no sleep, all of which clearly encourages a culture of impunity. In addition, defenders face obstacles to their freedom of movement both within their countries and, for example, when they seek authorization to leave them to take part in international meetings. Another very worrisome fact is that those attacks do only directly target the defenders; they are also often accompanied by threats and attack on their family members, increasing the pressure they are under.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 63
- Paragraph text
- In addition, women defenders complained of gaps in the responses of the various mechanisms and organizations that do not take men-women issues sufficiently into account (for instance, in resettlement programmes, from which families are often excluded). Women defenders likewise mentioned the need for them to be included from the outset in the preparation of programmes to protect them, in order to get away from a sometime paternalistic approach that plays down the challenges they face.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Men
- Women
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 70
- Paragraph text
- Their work is often hampered by the lack of legal provisions for access to information or failure to implement such laws. These defenders reported governments' reluctance to protect them, due to the numerous political and economic interests at stake. Finally, defenders working on matters that involve combating impunity are often the targets of attacks or campaigns to intimidate them, and witnesses often receive threats designed to deter them from appearing in court during certain trials.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 96c
- Paragraph text
- [The Special Rapporteur encourages the United Nations to:] Strengthen knowledge of, and attention to, defender issues in United Nations bureaux and regional and country offices. Provide training to officials in those entities regarding the mechanisms for the protection of defenders and the needs of certain specific groups of defenders; Ensure that resident coordinators systematically provide assistance and protection to human rights defenders who are threatened;
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 49
- Paragraph text
- Such consultations provide an opportunity to bring together human rights defenders from a specific region working on various themes and topics and to share with them information on the human rights situation. In addition to the sharing of experiences and good practices, these consultations provide a unique opportunity to assess the effectiveness of protection mechanisms from the point of view of human rights defenders and to establish what they expect from the mandate.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Good practices in the protection of human rights defenders 2016, para. 63
- Paragraph text
- Some defenders work on issues that are political, culturally and socially sensitive - issues that other defenders within the same sociopolitical milieu might not support instinctively. Women defenders and defenders who work on sexual orientation and gender identity rights, for example, often struggle to have their rights recognized in certain contexts. It is important for defenders within the same context to understand and support one another, even if they focus on different rights.
- Legal status
- Non-negotiated soft law
- 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
- Women
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 75
- Paragraph text
- For those who are unable to return home, asylum offers more permanent protection for defenders. In some programmes of relocation, this is explicitly recognized by ensuring that defenders most at risk receive asylum from the outset. It is important that asylum processes and decisions be timely and well informed about the situation of defenders, and that international protection complies with international human rights and refugee law, in particular the observation of the principle of non-refoulement.
- Legal status
- Non-negotiated soft law
- 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
- Persons on the move
- Year
- 2016
Paragraph
On the Declaration on human rights defenders 2011, para. 97c
- Paragraph text
- [Regarding registration laws and procedures, the Special Rapporteur recommends that:] States ensure that existing laws and regulations are applied in an independent and transparent manner. Laws should be clear about the status of organizations in the period between the request for registration and the final decision. Pending such a final decision, human rights organizations should be free to carry out their activities;
- Legal status
- Non-negotiated soft 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
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 106
- Paragraph text
- The majority of threats, death threats, physical attacks, killings, and attempted killings were attributed to unknown or unidentified individuals. In many such cases, particularly with regard to killings and attempted killings, perpetrators were reported as non-State actors, including armed groups and/or paramilitary groups, most notably in the Americas and parts of Africa.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 103
- Paragraph text
- States, including prosecutors, should ensure that criminal cases against individuals, including human rights defenders, are subject to an impartial and independent investigation in compliance with due process standards. All unsubstantiated cases should be closed immediately, with individuals being afforded the opportunity to lodge complaints directly with the appropriate authority.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Vision and Working Methods of the Mandate 2014, para. 106
- Paragraph text
- He will interpret his mandate as widely as possible in order to make it as effective as possible, at the same time basing his approach on the results obtained by his predecessor, on the knowledge acquired and the working methods used to date, while observing the rules applicable to special procedures mandate holders. But he also plans to explore new paths and innovative working techniques where that appears appropriate.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 131d
- Paragraph text
- [Member States should:] Provide national institutions with broad and solid mandates, and make sure that they are adequately resourced to be able to operate independently and to be credible and effective. Publicly acknowledge and support the important role of these institutions, including in providing protection to defenders and fighting impunity;
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Security and protection of human rights defenders 2010, para. 113e
- Paragraph text
- [The Special Rapporteur would like to recommend to States the following minimum guidelines regarding protection programmes for human rights defenders:] Specific trainings on human rights, gender issues and on the Declaration on Human Rights Defenders should be a prerequisite for the selection of police and other law enforcement officials that would be involved in the programme;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
On the Declaration on human rights defenders 2011, para. 79
- Paragraph text
- The Declaration is an instrument that is not sufficiently known, either to Governments or to human rights defenders, and more needs to be done. The Special Rapporteur hopes that, by raising awareness about the Declaration, the present report will contribute to the development of a safer and more conducive environment for defenders to be able to carry out their legitimate work.
- Legal status
- Non-negotiated soft 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
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 124d
- Paragraph text
- [Member States should:] Extend an open invitation to the Special Rapporteur, allow him to conduct any visit that he wishes to undertake without restricting its duration or scope, and enable him to move around the country, outside the capital, particularly in countries with extensive territories, so that he can meet human rights defenders who are isolated and cannot travel;
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Work in progress, challenges and the way forward 2017, para. 84
- Paragraph text
- Rather than constituting a static programme of action, the proposals contained in this report should be understood as key areas of focus. The Special Rapporteur wishes to retain some flexibility in responding to requests that might arise during his second mandate. It is important to pay particular attention to new trends and alerts from civil society and the various actors involved in protecting defenders.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 120e
- Paragraph text
- [To national human rights institutions:] Should coordinate actions with other existing national institutions whose mandates are related to human rights, including thematic commissions or institutions at the constituent unit level in federal States, in order to create synergies and avoid unnecessary duplication;
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2013
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 98
- Paragraph text
- Information provided indicates that, in a number of countries, working groups on the implementation of the European Union (EU) Guidelines on Human Rights Defenders have been established, with a view to developing a local implementation strategy. Women defenders and those working on women's rights or gender issues at risk could have recourse to various means of support provided by different stakeholders.
- Legal status
- Non-negotiated soft law
- 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
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. 39
- Paragraph text
- Journalists and media workers have also been attacked when their activities include investigations of abuses by powerful non-State actors, such as organized crime (Italy, Mexico) and oil interest groups (Nigeria). Others have also been targeted as a consequence of monitoring preparations for landmark events, such as the Olympic Games (China).
- Legal status
- Non-negotiated soft 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
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. 101
- Paragraph text
- Between December 2006 and 31 May 2011, the Special Rapporteur sent 60 communications related to violations against youth and student defenders. In 34 of the cases reported, the victims were male. In 12 instances, the victims were female. Nine cases concerned victims of both sexes, while in six cases the sex of the victim(s) was not mentioned.
- Legal status
- Non-negotiated soft law
- 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
- Youth
- Year
- 2012
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 66
- Paragraph text
- The Special Rapporteur has initiated extremely promising contacts with the Commissioner for Human Rights of the Council of Europe and the European Union Special Representative for Human Rights, who both requested him to maintain coordination in Europe with their respective mandates. The same applies to OSCE, which, with the publication of its guidelines on human rights defenders, has provided its member States with a useful tool.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 85
- Paragraph text
- The database of communications sent to States and their replies shows to what extent a large number of governments do not reply adequately to communications, urgent appeals or letters of allegation, however well documented. Their replies do not always cover the situation or the case concerned but simply set out the situation, often in very general terms, without really addressing the seriousness of the cases in question.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 100
- Paragraph text
- Seminars, round tables, forums and other forms of consultation have been organized on every continent to train human rights defenders, to teach them protection techniques and to protect their means of communication against surveillance risks. Such meetings provide an opportunity for exchanges of good practice and the Special Rapporteur will, where possible, respond positively to invitations made to him to participate in such meetings.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 104
- Paragraph text
- While acting in accordance with the working rules of special procedures mandate holders, the Special Rapporteur intends to make the visibility of his mandate and the work of human rights defenders a high priority, using all the means at his disposal. He intends to step up his communication activities with a view to raising awareness in the mass media, the social media and elsewhere of the importance of human rights defenders and their work.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 50
- Paragraph text
- In the development of the law establishing the Irish Human Rights and Equality Commission, which was yet to be adopted at the time this report was finalized, it was emphasized that its independence would be strengthened if it was empowered to recruit its own staff and that there should be no civil service secondment at senior level to the body.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 92
- Paragraph text
- Some national institutions have entrusted their focal points for human rights defenders to monitor the legal framework affecting their activities. The human rights defenders desk within the Uganda Human Rights Commission reviews draft legislation relevant to defenders on a regular basis, informing the Commission's inputs to the Government in this context.
- Legal status
- Non-negotiated soft 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
- 2013
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 12
- Paragraph text
- The former Special Representative had received information on numerous instances in which "employers collude among themselves and with the local labour department and immigration authorities against workers who raise labour rights concerns" (E/CN.4/2004/94/Add.1, paras. 61-69). Private companies have also reportedly provided information to the State leading to the conviction of several defenders who had been calling for democratic reforms through the Internet. In one particular case, a Web-search engine company was sued by defenders for reportedly having aided and abetted State violations against them. A private settlement was agreed upon by the parties, but new lawsuits have since been filed against the same company by different plaintiffs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 16
- Paragraph text
- In addition, the information received indicates that community leaders and faith-based groups are increasingly resorting to the stigmatization of, and attacks against, defenders working on issues such as the rights of lesbian, gay, bisexual and transgender persons (A/HRC/4/37/Add.2, para. 32), violence against women and domestic violence. In numerous instances, defenders have been threatened with ostracism or pressured to stop their work in defence of human rights. Furthermore, the information received shows that women human rights defenders working in the area of domestic violence and other types of violence against women are often pressured by the family members of victims or threatened by the perpetrators or their own family members to drop cases.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Families
- LGBTQI+
- Women
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 63
- Paragraph text
- States should harmonize their domestic laws with the Declaration on Human Rights Defenders. To enhance the protection of defenders and ensure that the rights and freedoms referred to in the Declaration are guaranteed, it is paramount that States review their national laws and abolish legal or administrative provisions impeding the work and activities of defenders. The Special Rapporteur welcomes the resolutions adopted by several parliaments acknowledging the role and status of human rights defenders. At the end of her country visit to the Democratic Republic of the Congo in June 2009, she welcomed the recent attempt by the Parliament of the South Kivu province to adopt a law on the protection of human rights defenders, and called on provincial parliamentarians to adopt a revised text in the near future, in close consultation with civil society and the United Nations.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 66
- Paragraph text
- One of the issues contributing to the lack of an adequately secure and enabling environment for defenders is the insufficient awareness of the Declaration on Human Rights Defenders. Too many defenders are still unaware that their activities constitute human rights work. This is particularly true of defenders working in the field of economic, social and cultural rights. It is therefore also important to foster the dissemination of the Declaration and ensure it becomes a working, reference tool. In that connection, the Special Rapporteur has decided to develop a commentary to the Declaration, which should be published in the course of 2010.
- Legal status
- Non-negotiated soft 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
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 69
- Paragraph text
- Since the adoption of the Declaration on Human Rights, many intergovernmental and non-governmental regional mechanisms for the protection of defenders have been created and declarations and resolutions adopted. Despite the increase in organizations and instruments specifically aiming at their protection, defenders continue to pay a high price for their human rights activities. Some 11 years after the adoption of the Declaration on Human Rights Defenders, the Special Rapporteur has found that there was a need to review and assess protection programmes put in place to ensure the physical and psychological integrity of defenders from attacks and threats. The Special Rapporteur hopes that this will shed light on the urgency of the situation and the need for States and non-State actors to move towards efficient responses to physically protect defenders.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 70
- Paragraph text
- The acknowledgement of good practices and shortcomings of existing national protection programmes could pave the way to better protection and enable the Special Rapporteur to revisit her protection strategy. The Special Rapporteur believes that greater awareness of good practices in the area of protection will encourage replication. The protection mechanisms cited below are by no means perfect, but States should draw upon these examples to create, develop or improve strategies and programmes for the physical protection of defenders in their respective countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 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.
- Legal status
- Non-negotiated soft 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
- 2010
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
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.
- Legal status
- Non-negotiated soft 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
- 2010
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."
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- 2010
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.
- Legal status
- Non-negotiated soft 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
- 2010
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.
- Legal status
- Non-negotiated soft 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
- 2010
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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..
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
Paragraph
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".
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2011
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 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.
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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)).
- Legal status
- Non-negotiated soft 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
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.
- Legal status
- Non-negotiated soft law
- 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
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
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- N.A.
- Year
- 2012
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2012
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.
- Legal status
- Non-negotiated soft 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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).
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Large-scale development project and human rights defenders 2013, para. 74
- Paragraph text
- The option of integrating human rights safeguard policies supported by accessible and effective accountability mechanisms into development projects can complement and even reinforce existing formal structures. These mechanisms, which can be administered by the business sector, alone or with stakeholders, by an industry association or by a multi-stakeholder group, should comply with the criteria for effectiveness and responsiveness set out in the Guiding Principles on Business and Human Rights (see, in particular, Guiding Principle No. 31). These mechanisms should never be used to preclude access to judicial remedy. However, when implemented effectively, they can enable the early identification and resolution of issues that have an adverse impact on human rights, and can enable project actors to address systemic issues that contribute to human rights violations.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 84
- Paragraph text
- National human rights institutions can potentially play a substantive role in protecting human rights defenders. The Special Rapporteur has recommended on numerous occasions that such institutions establish a focal point for human rights defenders with the responsibility of ensuring their protection. Protection constitutes a wide range of possible measures and interventions, including formal complaints mechanisms and protection programmes; advocacy in favour of a conducive work environment for defenders; public support when violations against defenders are perpetrated; visits to defenders in detention or prison and provision of legal aid in this context; mediation when conflicts occur between defenders and other parts of society; and strengthening of the capacity of defenders to ensure their own security. The Special Rapporteur has noted a number of commendable initiatives taken by national institutions which are detailed below.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Large-scale development project and human rights defenders 2013, para. 77
- Paragraph text
- Communities and those defending their rights play a crucial role in shaping development policies and projects that are people-centred and non-discriminatory by impeding economic and political elites to monopolize the development of such policies and projects. Human rights defenders are key for ensuring the effective implementation of a human rights-based approach to development, as outlined above, which is why they should be able to carry out their activities without fear of intimidation or harassment of any sort. This is particularly relevant in the context of the discussion on the post-2015 development agenda. Civil society is calling for meaningful participation, higher levels of accountability from Governments and international institutions and the protection of human rights under the rule of law.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 86
- Paragraph text
- The Special Rapporteur has on previous occasions provided observations and guidelines on national protection mechanisms and other formal protection programmes (see A/HRC/13/22, paras. 70-83). Several national institutions reported that they are involved in such mechanisms. In Mexico, both the National Human Rights Commission and some institutions at state level are involved in protection programmes of this sort. At state level, the most developed appears to be the Human Rights Commission of the Federal District (Mexico City), which has had a unit dedicated to human rights defenders since 2007.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 87
- Paragraph text
- National human rights institutions usually have a mandate to provide recommendations to various parts of the Government on what actions should be taken in a given case without these recommendations carrying any legal obligation. The national institutions in Mexico and El Salvador both noted that they used such a mechanism to issue recommendations with precautionary measures to be taken by the Government in cases involving human rights defenders. In Mexico, such recommendations are made public, and the national commission has published a guide on how to implement precautionary measures awarded to human rights defenders. The National Human Rights Commission of India is using a similar mechanism to alert the relevant authorities about reported violations against defenders. The Indian commission has established a focal point for defenders which has a hotline and is accessible online.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 88
- Paragraph text
- In a similar vein, some national institutions have engaged actively with the authorities when reported violations against defenders occur. The Afghanistan Independent Human Rights Commission noted that it intervenes directly with the police and security officials once complaints are received of threats or intimidation of defenders by State or non-State actors. The Commission on Human Rights of the Philippines is mandated to perform a number of services which are available to defenders and other individuals, including legal assistance, witness protection, financial assistance and medical assistance to victims of violations. The Philippines Commission noted that it is working on consolidating its services available to defenders, which include a focal point for cases pertaining to them. Submissions from NGOs confirmed that such consolidation is needed.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 105
- Paragraph text
- The Institution of the Human Rights Defender in Armenia has entered into formal cooperation with NGOs specialized in monitoring of prisons and detention centres. Besides strengthening cooperation between the national institution and civil society in this field, the NGOs concerned are granted access to prisons, detention centres and other relevant institutions. The Special Rapporteur notes that this is a useful way of enhancing cooperation with regard to monitoring of prisons and places of detention, including in cases where human rights defenders are detained.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 111
- Paragraph text
- In other countries, national institutions are working directly with defenders by providing them with technical assistance. The Uganda Human Rights Commission has contributed to strengthening the advocacy skills of defenders, and through strategic partnerships the institution has secured the participation of defenders and their organizations at events and training sessions organized by the commission. The Uganda Human Rights Commission also participates in events organized by civil society to strengthen links with defenders. The National Human Rights Commission in Togo is also engaged in activities organized by NGOs, and the institution has NGOs participate in its own activities.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 114
- Paragraph text
- The Special Rapporteur notes that defenders working in rural areas are marginalized, with few means to protect themselves in cases of violation. Certain national institutions work to increase awareness of human rights in rural areas, which contributes to a more conducive environment for defenders. This is for example the case with the New Zealand Human Rights Commission, which has a project designed to build human rights knowledge and expertise in regional communities and works in partnership with organizations from marginalized groups to promote awareness of the rights of such groups.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 116
- Paragraph text
- As established by the Paris Principles, national human rights institutions should have broad and solid mandates and be properly equipped to be able to operate independently. Credible national institutions are autonomous from the influence of Government and ensure pluralism in their composition and activities, particularly through effective interaction with civil society organizations working on human rights issues. Members and staff of these institutions can be considered as human rights defenders and, as such, should be supported by public authorities and protected if needed.
- Legal status
- Non-negotiated soft 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
- 2013
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 48
- Paragraph text
- The participation of civil society, including defenders, and other relevant stakeholders in the nomination and appointment process is also considered essential in order to ensure independence and autonomy. This is the case in various countries and national institutions, which positively affects the degree of pluralism of the institutions and enhances their credibility. In this connection, through the responses to her questionnaire, the Special Rapporteur has identified various examples of good practices in relation to the criteria and process of nomination and appointment of members of governing bodies of national institutions.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 101
- Paragraph text
- In this regard, the Special Rapporteur welcomes the newly adopted General Assembly resolution on protecting women human rights defenders, which she believes is both timely and of utmost importance. In the resolution, the important contribution of women human rights defenders to the promotion and protection of human rights, democracy, rule of law, development, and peace and security is acknowledged. The General Assembly also highlights specific protection measures that States must implement for women defenders to be able to carry out their work safely and without fear of reprisals. It further calls upon States to exercise due diligence in preventing violations and abuses against women human rights defenders and combating impunity by ensuring that those responsible for violations and abuses, are promptly and impartially brought to justice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 72
- Paragraph text
- In addition to, and as a complement to, ensuring a conducive normative and administrative framework, States should disseminate the Declaration widely. In line with article 13 of the Declaration, human rights educational programmes, especially those addressed to law enforcement and public officials, should include modules based on the text that reaffirm the basic right to defend human rights and the role that human rights defenders play in society. Enabling human rights defenders' work also involves periodically recognizing and informing populations about the rights and responsibilities of all individuals to promote and protect human rights.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 73
- Paragraph text
- During her mandate, one of the major and systematic concerns raised by the Special Rapporteur in relation to violations against defenders is the question of impunity. In many cases, complaints by defenders about alleged violations of their rights are not investigated or are dismissed without justification. A State's lack of investigation into violations could be seen as condoning attacks against defenders and could nurture an environment where further attacks are perceived as tolerated. The Special Rapporteur has repeatedly reiterated that ending impunity is an essential condition for ensuring the protection and safety of defenders.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Vision and Working Methods of the Mandate 2014, para. 83
- Paragraph text
- Finally, in the context of cooperation with other stakeholders, the Special Rapporteur wishes to draw attention to the essential role played by the media and social networks in the promotion of the Declaration on Human Rights Defenders and the effective protection of defenders. He has been made aware of numerous cases of journalists, notably those providing broadcast reports or written articles on human rights, whistleblowers and bloggers, and considers such individuals to be human rights defenders, given that they observe the criteria set forth in the Declaration. He intends to widen and strengthen his cooperation with such individuals as he fulfils the mandate that has been entrusted to him.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 78
- Paragraph text
- During her mandate, the Special Rapporteur has on numerous occasions addressed violations against national institutions, their members and staff, ranging from attacks, threats and intimidation, to harassment and stigmatization in connection to their human rights work. She has expressed grave concern that such constraints and challenges can seriously undermine the independence, efficiency, credibility and impact of these institutions. She has also urged States to protect by law and publicly support national institutions, and their members and staff when necessary.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 86
- Paragraph text
- In an attempt to delegitimize their work and activities, defenders are often branded enemies of the State or terrorists. This stigmatization makes defenders even more vulnerable to attacks, especially by non-State actors. Therefore, as part of protection policy, it is of crucial importance that the work and role of defenders be publicly acknowledged by State officials at the highest level. The Special Rapporteur believes that a public acknowledgment of defenders' work could contribute to providing their work with due recognition and legitimacy.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Vision and Working Methods of the Mandate 2014, para. 89
- Paragraph text
- In the fifteen years after its adoption by the General Assembly in the latter's resolution 53/44, the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms has been very widely disseminated and promoted by various stakeholders. Although a major effort has been made to translate it into an ever-growing number of languages or dialects, it is still too little known to those who have the particular responsibility to implement it, namely governments, or those who can best benefit from it, namely the human rights defenders themselves.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Vision and Working Methods of the Mandate 2014, para. 90
- Paragraph text
- Consequently, in each of the activities which the Special Rapporteur will be led to develop, he will pay attention to the promotional aspect of the Declaration and will encourage States, international organizations and other actors to make an extra effort, over time, to have it translated into a greater number of languages and dialects. He will continue to appeal to the Permanent Missions and other stakeholders to remind them of paragraph 10 of General Assembly resolution 64/163 in which it strongly encourages States to translate the Declaration and to take measures to ensure its widest possible dissemination at the national and local levels.
- Legal status
- Non-negotiated soft 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 90
- Paragraph text
- Throughout her mandate, the Special Rapporteur has highlighted the need to pay particular attention to addressing the needs of human rights defenders who face extraordinary risks due to the work that they do and the contexts in which they operate. In this connection, the Special Rapporteur has focused on the situation of selected groups of human rights defenders who are at particular risk of violations, including judges and lawyers; journalists and media workers; trade unionists; youth and student defenders, those working on sexual orientation and gender identity; and defenders working on environment and land issues (A/HRC/19/55).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Youth
- Year
- 2014
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 38
- Paragraph text
- Finally, exacerbating these difficulties is the fact that the attacks and threats against defenders are perpetrated not just by States, but by non-State actors as well. This applies particularly to countries in which one notes a surge in religious fundamentalism (especially in North America, Latin America, Africa and the Middle East) or the presence of armed or low intensity conflicts (in the Middle East, Africa and certain countries in Asia); or even to development projects in which certain economic actors attempt to impose their interests - sometimes with explicit support from governments - to the detriment of observance of human rights. The defenders point to numerous pressures from these different actors in respect of actions to promote economic, social and cultural rights (sexual and reproductive rights, labour rights, the rights of indigenous peoples, and the right to natural resources and the environment).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2015
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 95
- Paragraph text
- Defenders can also play a crucial role as members of teams conducting human rights impact assessments, taking part in formal multi-stakeholder oversight mechanisms and mediation and grievance mechanisms, and as independent watchdogs monitoring the implementation of large-scale development projects. The Special Rapporteur remains deeply concerned about reports detailing harassment of, persecution of and retaliation against human rights defenders seeking judicial remedy for business-related violations. It is essential that those who wish to report human rights concerns and violations can safely access accountability and grievance mechanisms.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 97
- Paragraph text
- The Special Rapporteur considers that foreign and development policy can be used to contribute to the protection and enhanced security of human rights defenders on the ground. In this regard, she welcomes the initiative by the European Union to adopt the revised European Union Guidelines on Human Rights Defenders in 2008. These guidelines list a number of practical measures that member States could take to support and protect defenders at risk, such as issuing temporary visas and facilitating temporary shelter in member States.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 99
- Paragraph text
- The Special Rapporteur remains gravely concerned that women defenders are subject to arrests, ill-treatment, torture, criminalization, unwarranted judicial proceedings, stigmatization, attacks, threats (including death threats), sexual violence and killings. Furthermore, in many cases, the family members of women defenders are also targeted. In comparison to male defenders, women defenders are more at risk of suffering certain forms of violence, as well as prejudice, exclusion and repudiation. This occurs because women defenders are often perceived as challenging accepted sociocultural norms, traditions, perceptions and stereotypes about femininity, sexual orientation, and the role and status of women in society.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 100
- Paragraph text
- The Special Rapporteur regrets that, in many countries, there are no specific mechanisms in place to protect women defenders and those working on women's rights and gender issues. In countries where such mechanisms exist, they are often hampered by a lack of gender-sensitivity, implementation or political will. The Special Rapporteur strongly believes that women defenders need specific and enhanced protection and targeted and deliberate efforts to make the environment in which they operate a safer, more enabling and supporting one.
- Legal status
- Non-negotiated soft law
- 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
- Women
- Year
- 2014
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 86
- Paragraph text
- At his first consultations with human rights defenders, it became clear how pressing the issue of the follow-up of cases actually is. Few of the human rights defenders know whether a file that they have sent to a mandate holder has been received and what use has been made of the communication. While preserving the necessary confidentiality of information received and the use made of it, the Special Rapporteur considers that, at the very least, a formal acknowledgement of receipt should be made to any person, organization or network that has sent a communication or referred a case for action by the mandate holder, in accordance with the code of conduct and confidentiality that the Special Rapporteur observes with governments.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 61
- Paragraph text
- The United Nations system has a vital role to play in contributing, to a greater or lesser extent, to the protection of human rights defenders who are exposed to risk. This applies particularly to peacekeeping missions, where they have a specifically human rights mandate, such as the United Nations Stabilization Mission in Haiti (MINOSA), the United Nations Office in Burundi and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONASCO). The Special Rapporteur intends to make contact with heads of peacekeeping missions and the Department of Peacekeeping Operations in New York to present his mandate and set out possible areas of cooperation to ensure better protection for human rights defenders facing conflict, internal disturbances or post-conflict situations.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 98
- Paragraph text
- At the same time, the Special Rapporteur is well aware of the link between protection activities and promotion activities. He has been struck, during regional consultations, by the extraordinary vitality of human rights defenders, specialized NGOs and networks of defenders, who, over the 16 years since the adoption of the Declaration on Human Rights Defenders, have been able to develop and improve the mechanisms of protection, international solidarity and rapid reaction in the face of threats and attacks by, for example, using state-of-the-art technologies and social networks.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Environmental human rights defenders 2016, para. 14
- Paragraph text
- International instruments protecting the rights of specific populations also guarantee their right to participation. The obligation to consult, with the objective of obtaining the free, prior and informed consent of indigenous peoples concerning legislative or administrative measures that may affect them directly, is established in the United Nations Declaration on the Rights of Indigenous Peoples (arts. 18 and 27) and in the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO). Furthermore, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provides for the right of minorities to participation (arts. 2 and 4).
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 23
- Paragraph text
- The international community and institutions must also act to end threats, intimidation and violence, used to curtail the interaction between environmental human rights defenders and the international and regional human rights mechanisms. The Human Rights Council, in its resolutions 22/6 and 24/24, reaffirmed the right of everyone to unhindered access to and communication with international bodies. The Guidelines against Intimidation or Reprisals (the "San José Guidelines") (HRI/MC/2015/6) endorsed by the chairs of the United Nations human rights treaty bodies aim to enhance the protection provided by treaty bodies to those who face reprisals for engaging with the international human rights regime. The Special Rapporteur encourages other relevant international and regional organizations to follow suit and put in place policies and measures to prevent and address reprisals against environmental human rights defenders.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 54
- Paragraph text
- During his first consultations in Geneva and Brussels and the bilateral discussions that he held with representatives of regional networks of human rights defenders, the Special Rapporteur was struck by the repeated statements drawing his attention to the groups that were most exposed: those working on economic, social and cultural rights and minority rights; environmental defenders; defenders of LGBTI rights; women defenders and those who work for women's rights; defenders who work in the area of business and human rights; those who work in an area exposed to internal conflict or a national disaster; defenders living in isolated regions; and those working on past abuses, such as the families of victims of enforced disappearance.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 64
- Paragraph text
- The Special Rapporteur considers that the principle of subsidiarity should apply to the protection of human rights defenders. It is the responsibility of States, above all, to protect defenders by such means as the adoption of legislative or regulatory measures aimed at their protection. The Special Rapporteur intends to redouble his efforts to convince governments to introduce specific national measures, as Brazil, Colombia, Cote d'Ivoire and Mexico have done. He intends to hold consultations and publish a study on this topic, with a view to showing the effectiveness of national mechanisms to ensure the protection of human rights defenders and the measures that should be taken to improve their efficiency.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 74
- Paragraph text
- Lastly, with regard to cooperation with other stakeholders, the Special Rapporteur would like to recall the vital role played by the media and the social media in promoting the Declaration on Human Rights Defenders and the effective protection of defenders. Numerous cases of journalists who have reported on or written articles about human rights violations, and also cases of whistle-blowers and bloggers, have come to the attention of the Special Rapporteur, who considers them to be human rights defenders, in that they meet the criteria set out in the Declaration on Human Rights Defenders. He means to extend and strengthen his cooperation with the media as part of the implementation of his mandate.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 76
- Paragraph text
- Among the activities that he will pursue, therefore, the Special Rapporteur will pay special attention to the promotional aspects of the Declaration and will encourage States, international organizations and other parties to make an additional effort to make steady progress in translating it into more national and local languages. He will continue to lobby permanent missions and other stakeholders to remind them that, in paragraph 10 of its resolution 62/152, the General Assembly encourages States to translate the Declaration into their national languages and to take measures to improve its dissemination.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 79
- Paragraph text
- The Special Rapporteur welcomes all the initiatives taken by States or intergovernmental organizations, including the European Union, OSCE, Norway, Switzerland and the United States to draw up guidelines for their diplomatic missions on the protection of human rights defenders. Such initiatives are more than welcome, because they testify to a real will, over and above formal commitments, to promote a national or intergovernmental policy in support of human rights defenders. The Special Rapporteur calls on all States to follow this good practice and to designate within each of their diplomatic missions a focal point who is known to human rights defenders and who can translate such guidelines into reality.
- Legal status
- Non-negotiated soft 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
- 2015
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 80
- Paragraph text
- The Special Rapporteur has been struck by the number of cases that relate not only to his own mandate but also to freedom of association or freedom of expression. Restricting freedom of assembly and association is often one of the first measures used by States to suppress human rights defenders and prevent them from promoting and protecting rights and freedoms. The recent reports submitted to the Council by the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the numerous complaints received show that this trend is still on the increase, as the Council also noted in the preamble to its resolution 25/18. The Special Rapporteur intends to strengthen cooperation with other mandate holders and suggest new forms of collaboration.
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Good practices in the protection of human rights defenders 2016, para. 31
- Paragraph text
- The present report benefited greatly from the frequent exchanges that the Special Rapporteur had with human rights defenders, including during the seven regional consultations, as well as from discussions during experts meetings on the growing threats and risks that defenders face. Furthermore, it drew from the literature and research material on the protection of defenders, and was based on submissions received by the Special Rapporteur from various stakeholders. It was also informed by reports of the previous mandate holder on the security of human rights defenders (see for example A/HRC/13/22), as well as by communications that the mandate has issued on violations committed against defenders in the recent past.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 65
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- In emergencies, some environmental human rights defenders can benefit from ad hoc and structured relocation initiatives. A number of actors provide emergency grants to defenders in immediate danger. Emergency grants that have easy and fast application processes and quick response times and that allow defenders discretion in using funds in a manner appropriate to their personal situation have helped many defenders cope with threats and attacks. With respect to both relocation and emergency grants, however, the particular characteristics of environmental human rights defenders may make the traditional delivery of such support inappropriate: the community-based nature of environmental and land activism may make relocation a less-desirable option and traditional ideas about who should apply for emergency grants may make this option unsuitable. It is vital to consult the defenders themselves on the suitability of interventions in their personal circumstances lest they inadvertently increase the risks that defenders face. Further work should be done by all actors to ensure that defenders are aware of the support that is available to them in emergency situations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 40
- Paragraph text
- It is also vital to examine and address what has become an inequitable distribution and availability of protection resources globally. The extent to which defenders are connected, recognized, respected and knowledgeable affects their access to and enjoyment of protection initiatives. Defenders who are more remote and isolated, whose work is delegitimized or stigmatized, or who have less knowledge about strategies, tactics and resources are less likely to benefit from protection initiatives and will be more vulnerable to insecurity as a result.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Environmental human rights defenders 2016, para. 68
- Paragraph text
- State and non-State actors should obtain the free, prior and informed consent of indigenous communities affected by activities on lands that they own, occupy or use (ibid.). The Special Rapporteur recognizes that there is an ongoing debate about what constitutes such consent and whether it has been fulfilled in particular cases. The United Nations Declaration on the Rights of Indigenous Peoples provides guidance on the application of this principle to indigenous peoples. However, further discussion and the setting of international standards on the nature and application of this principle to indigenous peoples and other communities is necessary, coupled with a renewed emphasis on its implementation through monitoring and support to environmental human rights defenders.
- Legal status
- Non-negotiated soft law
- 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
- Ethnic minorities
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 82
- Paragraph text
- Human rights should be an important component of primary and secondary curricula, and be part of "citizenship" training. Human rights "clubs" have been established in some secondary schools to provide a forum for young people to learn about human rights. Human rights education should also be part of the training of State officials, especially if their work contains human rights dimensions. Post-secondary institutions, including universities, play an important role in human rights education, including in the training of teachers, research and the dissemination of innovative approaches to defending human rights.
- Legal status
- Non-negotiated soft law
- 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
- Youth
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 83
- Paragraph text
- In all educational sectors, successful human rights education bridges the gap between the knowing and the doing. Innovative pedagogies, such as role-based simulations, mock report writing and field placements, help to fill this gap and to equip future defenders with the knowledge and skills that their future practice will require. Successful education and training are often rooted in cooperation between educational institutions on the one hand and defenders on the other. Bringing defenders "into the classroom" can be a rewarding experience for both.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 52
- Paragraph text
- Defenders also wish to receive more support in gaining knowledge on monitoring and documenting violations, gaining access to international and regional human rights mechanisms, engaging with the international community to make their concerns heard, and advocating for and strengthening local and national mechanisms for human rights protection. Defenders unaccustomed to interventions in regional and international forums have found the support and technical advice of international non-governmental organizations familiar with these processes to be helpful.
- Legal status
- Non-negotiated soft 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 59
- Paragraph text
- Digital security is increasingly important for defenders, especially for those who rely on information and communications technology for their work. Many defenders do not realize the extent to which they may be exposed to breaches in their privacy and to digital surveillance. Digital security trainers have helped defenders to understand and use a number of tools, tactics and strategies to protect themselves from digital threats, surveillance and online violence. Defenders value opportunities to discuss their specific needs and problems one-on-one with digital security specialists.
- Legal status
- Non-negotiated soft 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 94
- Paragraph text
- As independent State entities, national human rights institutions have an important role to play in the protection of defenders (see A/HRC/22/47). They support the creation of an enabling environment through human rights awareness, human rights education and human rights monitoring, including of the situation of defenders. They connect advocacy at the national level with regional and international mechanisms, and participate in the work of the Human Rights Council, including the universal periodic review process. National human rights institutions receive and investigate complaints of violations, raise systemic and constitutional concerns with the judiciary and assist in training defenders about their rights and security. They may also observe public demonstrations to safeguard the freedom of assembly by documenting police abuse.
- Legal status
- Non-negotiated soft 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 95
- Paragraph text
- The judiciary also can protect defenders at risk, both by ordering preventative steps from government officials and by remedying past violations. Judicial administrators have developed timely methods to bring urgent cases before the court with a view to taking preventative action rather than dealing with damages after the fact. Procedural reforms can escalate the issuance of warrants for the arrest of defenders or the search of human rights organizations to more senior levels of the court, which decreases the likelihood of undue process. Since the judiciary may itself be responsible for violating defenders' rights (for example, by unjustified criminalization of defenders), judges should receive training on international standards, including on the right to defend human rights, in order to minimize their complicity in such violations.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 96
- Paragraph text
- National parliamentarians can support the creation and monitoring of laws and policies that support a safe and enabling environment. Caucuses within these bodies focused on human rights issues can organize debates on policy and commission research. For example, the All-Party Parliamentary Human Rights Group, in the United Kingdom, and the Committee on Human Rights and Humanitarian Aid, in the German Parliament, regularly meet with defenders at risk, advocate to other Governments for the protection of defenders, and organize debates and discussions on the situation of defenders and State policies concerning their protection. International networks of parliamentarians provide forums to share good practices and set new standards, such as in the case of the resolution on "Democracy in the digital era and the threat to privacy and individual freedoms" adopted by the Inter-Parliamentary Union (IPU) at its 133rd IPU Assembly.
- Legal status
- Non-negotiated soft law
- 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
- 2016
Paragraph
Work in progress, challenges and the way forward 2017, para. 13
- Paragraph text
- It was during these exchanges, and through the many reports and documents submitted by civil society and partners involved in protecting defenders, that the Special Rapporteur became aware of the groundswell of coordinated attacks that seek to undermine and cause lasting damage to civil society. He is dismayed to note the increasing number of attacks intended to undermine the role of defenders, irrespective of the country or the area of human rights involved. In the face of these attacks, civil society is required to constantly reinvent itself and to adopt new strategies in order to continue to promote and protect human rights.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 14
- Paragraph text
- Although precise figures are difficult to obtain, the number of defenders killed around the world is continuously rising. This rise is in part the result of deliberate and concerted actions by persons capitalizing on major institutional weaknesses and the lack of political will to halt attacks and threats. The profound political shake-ups taking place on every continent and the growing numbers of actors who adopt ever more sophisticated strategies and tools to undermine human rights work oblige us, as never before, to refine our analysis of the situation of defenders.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 15
- Paragraph text
- The Special Rapporteur wishes to study these new paradigms in order to better understand the drivers and enablers involved. Mapping and analysis must be carried out to understand the environment or context in which defenders work and to adopt a far-sighted, preventive approach to risk in conjunction with measures to respond to emergency situations. In addition, in line with the work initiated in this area, the Special Rapporteur wishes to devote one of his future reports to the role played by businesses in threats and attacks against defenders. Similarly, he considers it essential to continue his predecessors' reflections on the impact that counter-terrorism policies and national security have on the criminalization of defenders' work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 52
- Paragraph text
- Enhanced cooperation with resident coordinators and United Nations agencies and programmes is needed. The Special Rapporteur's interactions with other actors have revealed a lack of visibility and understanding of his mandate and, more generally, a lack of knowledge even within the United Nations about the situation of defenders. He has therefore sought to foster better coordination with institutions such as the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the International Labour Organization (ILO), the United Nations Development Programme (UNDP) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). It would also be useful to develop training and outreach workshops for staff of those institutions and to raise their awareness about the recommendations contained in the Special Rapporteur's reports and the links between them and the issues at the core of those institutions' missions. A noteworthy example would be the recommendations on women defenders or defenders working on development projects or on the protection of ethnic and cultural minorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 55
- Paragraph text
- The three accounts below attest to the significant cooperation enjoyed with regional mechanisms. According to Nils Muižnieks, Commissioner for Human Rights of the Council of Europe: Close cooperation with the universal human rights system and regional mandate holders plays a significant role in my efforts to protect and support human rights defenders in Europe. I collaborate regularly with the United Nations Special Rapporteur on countries where the situation of human rights defenders is very challenging. I am convinced that by working together we will effectively combat impunity for attacks on defenders and prevent the worsening of their working environment.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 56
- Paragraph text
- According to José de Jesús Orozco, Rapporteur on human rights defenders of the Inter-American Commission on Human Rights: The mandate of the Inter-American Commission on Human Rights regarding the situation of defenders highlights the crucial need for cooperation with the United Nations mandate holder on the issue of defenders. In addition to strengthening the roles of the two systems, such cooperation has underlined the need to redouble our efforts to promote and protect human rights in the Americas and to address, specifically, the plight of the defenders in the region. The result has been numerous joint initiatives, including public statements, meetings, thematic reports, activities in the field, regular information-sharing and the participation of the Special Rapporteur, Michel Forst, as an expert before the Inter-American Court of Human Rights.
- Legal status
- Non-negotiated soft 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
- 2017
Paragraph
Work in progress, challenges and the way forward 2017, para. 21
- Paragraph text
- Since the start of his mandate, the Special Rapporteur has sought to acquire an in-depth understanding of the specific challenges faced by certain groups of defenders. Far from seeking to create categories of persons whose rights would be differentiated, he believed it was essential to analyse the causes and manifestations of the risks faced by some groups of defenders. This approach is essential to the task of proposing appropriate protection methods and providing better support to defenders working to promote fundamental rights.
- Legal status
- Non-negotiated soft law
- 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
- 2017
Paragraph