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Violations committed against defenders by non-State actors 2010, para. 4
- Paragraph text
- The present report does not aim to identify all categories of non-State actors involved in human rights abuses against defenders, as this group is too broad and diverse. Rather, it is the intent of the Special Rapporteur to highlight the types of violations they commit and their responsibilities. The report will therefore focus on armed groups, private corporations, individuals and the media, as these are the non State actors most regularly accused of violating the rights of defenders. Conclusions and recommendations are addressed to various stakeholders, as well as to all non State actors, including those not discussed in the report.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 12
- Paragraph text
- The former Special Representative had received information on numerous instances in which "employers collude among themselves and with the local labour department and immigration authorities against workers who raise labour rights concerns" (E/CN.4/2004/94/Add.1, paras. 61-69). Private companies have also reportedly provided information to the State leading to the conviction of several defenders who had been calling for democratic reforms through the Internet. In one particular case, a Web-search engine company was sued by defenders for reportedly having aided and abetted State violations against them. A private settlement was agreed upon by the parties, but new lawsuits have since been filed against the same company by different plaintiffs.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 17
- Paragraph text
- A number of cases brought to the attention of the Special Rapporteur indicate that the media are also involved in violations committed against human rights defenders, notably in relation to violations of their right to privacy. In certain States, human rights defenders have been subjected to denigration campaigns in the press (although sometimes the perpetrators were State-owned outlets). The Special Rapporteur strongly condemns such stigmatization, which often causes defenders to be portrayed as "troublemakers" and consequently legitimizes attacks against them.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 21
- Paragraph text
- At the outset, the Special Rapporteur would like to recall that non-State actors, including private companies, have an obligation to comply with national laws in conformity with international standards and norms. Consequently, non-State actors can be held accountable for violations of the rights of defenders amounting to offences or crimes under national law. In addition, the Human Rights Council, in its resolution 12/2, condemns "all acts of intimidation or reprisal by non-State actors against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 22
- Paragraph text
- The Declaration reaffirms the responsibility of everyone not to violate the rights of others, encompassing the responsibility of non-State actors to respect the rights of human rights defenders. This is reflected in the preamble as well as in articles 11, 12.3 and 19 of the Declaration. This responsibility to respect human rights, including the rights of defenders, means that non-State actors should at all times refrain from curtailing the enjoyment of human rights by defenders. In other words, all non-State actors, including armed groups, the media, faith-based groups, communities, companies and individuals should refrain from taking any measures that would result in preventing defenders from exercising their rights. On the contrary, non-State actors can, and should, play a preventive role by promoting the Declaration as well as the rights and activities of human rights defenders. All individuals, groups and organs of society should contribute to the effective promotion, protection and implementation of human rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 29
- Paragraph text
- Indeed, States are primarily responsible for the protection of human rights defenders and their rights, and the Special Rapporteur would like to recall that they should improve or develop specific protection programmes for defenders. In this connection, the Special Rapporteur would like to refer to the previous recommendations in that regard (see A/HRC/13/22). In the context of human rights violations by third parties, the obligation to protect, first, involves ensuring that defenders do not suffer from violations of their rights by non-State actors. Failure to protect could, in particular circumstances, engage the State's responsibility. Secondly, States should provide defenders victims of human rights violations with an effective remedy. To that end, all violations of the rights of defenders should be investigated promptly and impartially and perpetrators prosecuted. Fighting impunity for violations committed against defenders is crucial in order to enable defenders to work in a safe and conducive environment.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 31
- Paragraph text
- As the Declaration on human rights defenders contains a series of principles and rights that are based on human rights standards enshrined in other legally binding international instruments such as the International Covenant on Civil and Political Rights, the State's duty to protect all human rights includes the protection of the rights of human rights defenders. Thus, for instance, the right to life, the right to privacy, and the rights to freedom of association and expression should be protected from violations not only by State agents, but also by private persons or entities. This duty, which should apply at all times, is provided for in the preamble to the Declaration as well as in its articles 2, 9 and 12.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 36
- Paragraph text
- Whenever States have not taken preventive measures, or when such measures have not proved sufficient to prevent the commission of violations of the rights of defenders by non-State actors, the State should carry out prompt, impartial and thorough investigations, prosecute the alleged perpetrators and provide the victim with reparations. Failure to take proper steps to investigate the alleged violations and to prosecute and try the perpetrator contravenes the principle of due diligence. It is of paramount importance that, in discharging this duty, States act in good faith.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 40
- Paragraph text
- International law on State responsibility could apply to violations of the fundamental rights of defenders committed by certain categories of non-State actors under particular circumstances. For example, pursuant to the draft articles on Responsibility of States for Internationally Wrongful Acts, States may be held internationally responsible for violations of the rights of defenders, even though committed by non-State actors. Accountability, however, must be determined on a case-by-case basis. The Special Rapporteur would like to emphasize one instance in particular.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 43
- Paragraph text
- Information received by the Special Rapporteur shows that in many instances, complaints by defenders about alleged violations of their rights are either never investigated or dismissed without justification. In certain cases involving threats received by text message, for example, the telephone numbers of the senders (when known) have been transmitted to the police for further investigation. The information provided shows that in most cases, no proper investigation was carried out by the police. Furthermore, in certain States affected by internal conflict, impunity has been unchecked with regard to cases of rape and the use of sexual and other forms of violence against women. Consequently, the State's unwillingness to investigate violations committed by non-State actors is seen as granting those responsible free rein further to attack defenders with total impunity.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 44
- Paragraph text
- Pursuant to article 9 of the Declaration, everyone has the right to benefit from an effective remedy and to be protected in the event of the violation of his/her human rights and fundamental freedoms. States therefore have a responsibility to ensure that human rights defenders whose rights have been violated are provided with an effective remedy. This obligation entails that the State ensures, without undue delay, a prompt and impartial investigation into the alleged violations, the prosecution of the perpetrators regardless of their status, the provision of redress, including appropriate compensation to victims, as well as the enforcement of the decisions or judgements. Failure to do so often leads to further attacks against human rights defenders and further violates their rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 45
- Paragraph text
- This right to an effective remedy is reflected in other human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Article 2(3) of the latter provides that States parties should ensure that "any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity". It further states that States parties should ensure that "any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy". This obligation includes providing defenders with reparations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Violations committed against defenders by non-State actors 2010, para. 51
- Paragraph text
- The Special Rapporteur hopes that the present report will contribute to raising awareness of the responsibility of non-State actors to comply with the provisions of the Declaration on human rights defenders. It is paramount that non-State actors acknowledge the important role of defenders in ensuring the full enjoyment of all human rights by everyone. Non-State actors, including private companies, could play a key role in the promotion and protection of the rights and activities of human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 29
- Paragraph text
- States should refrain from portraying human rights defenders and their activities as dangerous, illegal or a threat to the security of the State. Their important role and efforts in the promotion, protection and the full enjoyment of human rights by all should instead be praised. The Special Rapporteur would like to recall the primary importance of acknowledging the work and role of groups, organs or individuals in the promotion and protection of human rights and fundamental freedoms. This is the first step towards a safe working environment for defenders. By adopting the Declaration on Human Rights Defenders, States have committed themselves to recognizing their valuable role in the elimination of human rights violations and should therefore act accordingly at the national level.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 32
- Paragraph text
- Communications issued by the Special Rapporteur indicate that the criminalization of human rights defenders' activities by States' authorities has not decreased. Some States tend to systematically invoke national security and public safety to restrict the scope of activities of defenders. In many countries, trade unionists, members of NGOs and social movements face repeated arrests and criminal proceedings for charges of "forming criminal gangs", "obstructing public roads", "inciting crime", "creating civil disobedience" or "threatening the State security, public safety or the protection of health or morals". Moreover, human rights defenders, including defence lawyers, providing legal assistance to other defenders or victims of human rights violations are threatened, denied access to courthouses and their clients, and arrested and charged under various criminal provisions. The multitude of arrests and detentions of defenders also contributes to their stigmatization, since they are depicted and perceived as troublemakers by the population.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 33
- Paragraph text
- Authorities and non-State actors increasingly resort to civil and criminal defamation suits against defenders raising their voice against violations of freedom of opinion and expression and carrying out activities for free and fair elections. Civil defamation suits, used in particular against journalists and newspapers, are as damaging as criminal defamation charges and have a disastrous impact on the freedom of opinion and expression. The severe fines to be paid can endanger the existence of newspapers by forcing them into bankruptcy. Civil defamation suits are also launched in order to silence political opponents who are subsequently sentenced to heavy fines. Similarly, civil and criminal defamation and libel proceedings are often used against members of human rights NGOs speaking out against human rights violations. The fines and prison sentences received may effectively cripple such organizations, while the threat of civil and criminal proceedings may also lead to self-censorship and diminished human rights monitoring.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 34
- Paragraph text
- Some States continue to resort to ambiguous security laws to arrest and detain human rights defenders, often without charges. In some States, national intelligence and security services have the power to detain human rights defenders without charge for a prolonged period of time. In some instances, agents of intelligence and security services are granted immunity from prosecution, and can therefore commit human rights violations against defenders in total impunity. Defenders may also face arrests, detention and harsh sentences, including the death penalty, under various State secret laws. The Special Rapporteur is concerned that legislation on State secrets often lacks clarity on what constitutes a State secret and that States frequently resort to such legislation to silence defenders and political opponents. The activities of defenders are also often criminalized and their freedom of association and expression violated through the use of extremely broad provisions of criminal codes.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 35
- Paragraph text
- In certain States, judges and lawyers are working under constant threat, which may jeopardize their independence. Prosecutors sometimes resort to inadmissible evidence to initiate proceedings against defenders, thus compromising their right to a fair trial. In several countries, the relevant authorities still resort to secret, incriminating evidence to arrest and administratively detain human rights defenders without charges for prolonged periods of time. Such evidence is reportedly often obtained by the security services and not shared with detainees or their lawyers. The Special Rapporteur would like to recall that, although not prohibited under international law, administrative detention should be surrounded by judicial guarantees and used only in exceptional and specific circumstances, such as a public emergency threatening the life of a nation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 36
- Paragraph text
- States should refrain from criminalizing the peaceful and legitimate activities of defenders and ensure that they can work in a safe environment without fear of being prosecuted for criticizing Government policy or Government officials. The Special Rapporteur also urges States to review and abolish all legislative and administrative provisions restricting the rights contained in the Declaration on Human Rights Defenders, including legislation on NGOs and freedom of expression. Security legislation should not be used inappropriately to restrict the work of defenders. States should respect defenders' right to a fair trial and appropriate redress and compensation should be provided to defenders whenever their right to a fair trial is denied.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 37
- Paragraph text
- The Special Rapporteur wishes to call upon NGOs and regional human rights organizations to continue supporting defenders by providing them with legal assistance and/or judicial trial observation. To avoid jeopardizing their own security, human rights defenders should try to liaise with intergovernmental organizations such as OSCE and the OHCHR field presences whenever they decide to engage on such trial observations. Some recommendations on the way defenders could try to enhance their own security are detailed below.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 42
- Paragraph text
- One way to ensure the safety of defenders is to put an end to impunity for non-State entities. The Special Rapporteur would like to reiterate that States bear the primary responsibility for protecting individuals, including defenders, under their jurisdiction, regardless of the status of the alleged perpetrators. In cases involving non-State actors - including private companies and illegal armed groups - it is paramount that prompt and full investigations be conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of article 12 of the Declaration on Human Rights Defenders. Addressing the issue of impunity is a key step to ensuring a safe environment for defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 43
- Paragraph text
- State responsibility in relation to actions and omissions of non-State actors as provided in article 12, paragraph 3, of the Declaration has been reiterated by numerous human rights bodies, including the Human Rights Committee and the Inter-American Commission on Human Rights. The rights enshrined in the International Covenant on Civil and Political Rights, including the right to life and freedom of association and expression, should be protected from violations not only by State agents, but also private persons or entities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 45
- Paragraph text
- The Special Rapporteur has noted that the federal structure of certain States has sometimes impeded the prosecution of human rights violations, in particular those committed against human rights defenders. Regardless of the structure of a State, federal authorities retain the primary responsibility to protect human rights defenders and guarantee that their rights are protected. Federal Governments should therefore take all necessary measures to ensure that the transfer to States of the jurisdiction to prosecute and try human rights violations committed against defenders is effective.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 53
- Paragraph text
- Defenders often face threats, attacks, arrests and false charges before, during or just after publicizing violations of human rights allegedly committed or condoned by State authorities. They may similarly be subjected to violence by non-State actors whenever information is published on alleged violations by private actors. Attacks on defenders at the time of the publication of reports, articles, petitions and open letters or the launch of radio broadcasts and campaigns denouncing human rights violations are increasingly frequent.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Security and protection of human rights defenders 2010, para. 62
- Paragraph text
- The obligations of the State are outlined in articles 2, 9, 12, 14 and 15 of the Declaration on Human Rights Defenders. In particular, pursuant to article 12 of the Declaration, States have the obligation to protect defenders. Article 12 of the Declaration provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 9
- Paragraph text
- The State's duty to protect the rights of defenders from violations committed by States and non-State actors is derived from each State's primary responsibility and duty to protect all human rights, as enshrined in article 2 of the International Covenant on Civil and Political Rights, which establishes the obligation of States to guarantee all individuals within their territories and subject to their jurisdiction the rights recognized in the Covenant without discrimination. The Declaration on Human Rights Defenders establishes the State's duty to protect human rights defenders in the preamble to the Declaration as well as in its articles 2, 9 and 12.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 10
- Paragraph text
- The obligation of States to protect includes both negative and positive aspects. On the one hand, States must refrain from violating human rights. On the other hand, States should act with due diligence to prevent, investigate and punish any violation of the rights enshrined in the Declaration. In other words, States should prevent violations of the rights of defenders under their jurisdiction by taking legal, judicial, administrative and all other measures to ensure the full enjoyment by defenders of their rights; investigating alleged violations; prosecuting alleged perpetrators; and providing defenders with remedies and reparation. To enhance the protection of defenders, States should also harmonize their domestic legal frameworks with the Declaration on Human Rights Defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 17
- Paragraph text
- In every region of the world, defenders - including women defenders and those working on women's rights or gender issues - continue to face intimidation, threats, killings, disappearances, torture, ill-treatment, arbitrary detention, surveillance, administrative and judicial harassment and, more generally, stigmatization by both State and non-State actors. Violations faced by women defenders may take a gender-specific form, ranging from verbal abuse based on their sex, to sexual abuse and rape. Defenders also confront violations of the exercise of their rights to freedom of opinion and expression, access to information, access to funding, free movement and freedoms of association and peaceful assembly. In many countries, a climate of impunity for violations committed against defenders prevails.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 21
- Paragraph text
- In its articles 5 and 12, the Declaration on Human Rights Defenders recognizes the right to freedom of assembly and the legitimacy of participation in peaceful activities to protest against violations of human rights. The right to peaceful assembly is essential for human rights defenders; without the guarantee of this right and the protection against its violation by State officials and non-State entities, the ability of defenders to fulfil their role in the protection and promotion of human rights and fundamental freedoms is severely restricted.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 24
- Paragraph text
- Human rights defenders must exercise these activities peacefully in order to be protected under the Declaration. The Special Rapporteur is concerned about the frequent excessive use of force by State agents in responding to situations involving freedom of assembly, which in some instances has provoked violent reactions from otherwise peaceful assemblies. Such behaviour clearly contravenes the Declaration and makes the State accountable for provocations that result in violence. Under the Declaration defenders are entitled to effective protection under national law against actions committed by the State that result in human rights violations. The Declaration also provides defenders with protection when protesting against violent acts of other groups or individuals. Consequently, the protection afforded in the Declaration covers violations committed by both State and non-State actors.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Activists
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph