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Elements of a safe and enabling environment for human rights defenders 2014, para. 54
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- In line with the Declaration on Human Rights Defenders, the primary duty and responsibility to promote and protect human rights and fundamental freedoms lies with the State. This includes guaranteeing the right of everyone, individually and in association with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels (art. 1). Thus, States have the obligation to undertake the required steps to create all conditions necessary, including in the political and legal domains, to ensure that everyone under their jurisdiction can enjoy all those rights and freedoms in practice (art. 2), including the right to promote and defend 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
- 2014
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Elements of a safe and enabling environment for human rights defenders 2014, para. 55
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- 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.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 57
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- The mandate has repeatedly addressed the great risks and challenges that defenders face due to their work. The Special Rapporteur regrets to say that defending rights and speaking up against violations and abuses still remains a dangerous activity.
- 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. 58
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- Defenders and their families are intimidated, harassed, subject to surveillance, threatened, attacked, arbitrarily arrested, criminalized, tortured and ill-treated in detention, subject to enforced disappearances, and sometimes killed. State and non-State actors are involved in the commission of these acts and impunity tends to prevail when it comes to attacks and violations against defenders. Investigations are excessively protracted, due process is not always guaranteed and perpetrators are often not held accountable.
- 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
- Families
- Year
- 2014
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Elements of a safe and enabling environment for human rights defenders 2014, para. 59
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- During her tenure, the Special Rapporteur has seen the space for civil society and defenders visibly shrink in certain regions of the world. She has also observed the consolidation of more sophisticated forms of silencing their voices and impeding their work, including the application of legal and administrative provisions or the misuse of the judicial system to criminalize and stigmatise their activities. These patterns not only endanger the physical integrity and undermine the work of human rights defenders, but also impose a climate of fear and send an intimidating message to society at large.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 60
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- The defence and promotion of human rights is a legitimate and courageous activity which is necessary to ensure that communities can fully enjoy their entitlements and realize their potential. Defenders can play a key role in safeguarding democracy and ensuring that it remains open, pluralistic and participatory and in line with the principles of rule of law and good governance. Defenders should be able to carry out their activities in an environment that empowers them to defend all human rights for all.
- 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
- 2014
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Elements of a safe and enabling environment for human rights defenders 2014, para. 61
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- The Special Rapporteur has repeatedly underlined the need to create and consolidate a safe and enabling environment for defenders and has elaborated on some of the basic elements that she believes are necessary in this regard. These elements include a conducive legal, institutional and administrative framework; access to justice and an end to impunity for violations against defenders; strong and independent national human rights institutions; effective protection policies and mechanisms paying attention to groups at risk; specific attention to women defenders; non-State actors that respect and support the work of defenders; safe and open access to international human rights bodies; and a strong and dynamic community of 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
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 66
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- The exercise of public freedoms is essential in any democratic society but even more so when it comes to claiming and defending rights. This is why the Special Rapporteur has repeatedly underlined the importance of defenders being able to exercise their rights to freedom of opinion and expression, freedom of association and peaceful assembly without undue restrictions in law or practice.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 68
- Paragraph text
- The Special Rapporteur has observed a disturbing trend towards the criminalization of activities carried out by unregistered groups. She believes that denial of registration is an extreme measure curtailing the right to freedom of association; especially where activities carried out by unregistered organizations carry criminal sanctions.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 70
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- The Special Rapporteur continues to note with concern the prevalence of defamation legislation, access to information laws and legislation on classification of information and official secrets, which hinder the work of defenders. She warmly welcomes the initiatives by a number of States to pass legislation that guarantees the right of access to information held by public authorities, and protects those who disclose public interest information that is relevant for the promotion and protection of human rights and those who report on corruption by public officials.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 73
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- 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.
- 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
Elements of a safe and enabling environment for human rights defenders 2014, para. 74
- Paragraph text
- States should ensure prompt and independent investigation of all violations against defenders, and the prosecution of alleged perpetrators regardless of their status. They should also ensure for victims of violations access to just and effective remedies, including appropriate compensation. The provision of an effective remedy should be understood as access to judicial and administrative or quasi-judicial mechanisms. Investigation and prosecution should rest on an effective and independent judiciary.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 76
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- Unfortunately, in many instances, weaknesses in the judicial system and flaws in the legal framework have deprived defenders of adequate tools for seeking and obtaining justice. Therefore, strengthening the judiciary and making sure that it can operate independently and effectively should be a priority for States.
- 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
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Elements of a safe and enabling environment for human rights defenders 2014, para. 78
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- 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.
- 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. 85
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- During her tenure, the Special Rapporteur has focused extensively on the security challenges faced by human rights defenders in the conduct of their activities and has issued recommendations regarding the development of protection programmes (A/HRC/13/22). She has repeatedly underlined that the State has an obligation to protect human rights defenders, investigate violations and prosecute the perpetrators. This obligation extends to acts and omissions of non-State actors.
- 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
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- 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.
- 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. 87
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- The Special Rapporteur is very pleased to note that, in Council resolution 22/6, States are urged to create a safe and enabling environment where human rights defenders can operate free from hindrance and insecurity. States are also urged therein to publicly acknowledge the legitimate role of human rights defenders and the importance of their work.
- 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. 91
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- The Special Rapporteur is appalled that journalists and media workers are targeted because of their reports on human rights violations or because they have been witness to human rights violations. They are particularly exposed to violations in contexts such as armed conflicts, post-conflict situations and situations of unrest in connection with a coup d'état or contested elections. In many countries, legal frameworks are used to restrict journalists' and media workers' activities. The Special Rapporteur is concerned that restrictions on media and press freedom and impunity could foster a climate of intimidation, stigmatization, violence and self-censorship.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2014
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Elements of a safe and enabling environment for human rights defenders 2014, para. 94
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- Communities and those defending their rights should be able to participate actively, freely and meaningfully in assessment and analysis, project design and planning, implementation, monitoring and evaluation of development projects. Defenders working with local communities can play a crucial role in facilitating communication between the communities and those responsible for the policy or project. Defenders can be instrumental in advancing development, and can ensure that dialogue is used to reinforce social cohesion and pre-empt conflict and the radicalization of positions. This can contribute significantly to defusing tensions between duty-bearers and local communities, which in turn would and could be a first step towards enhancing the protection of rights holders.
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 95
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- 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.
- 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. 96
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- In this context, the Special Rapporteur is concerned about the increased criminalization of social protest often in connection with the peaceful expression of opposition to public or private development projects. Authorities should grant defenders, especially journalists and media workers, access to public assemblies to especially facilitate independent coverage and human rights monitoring.
- 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. 101
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- 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.
- 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. 102
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- Non-State actors, including private companies, can also play a key role in the promotion and protection of the rights and activities of defenders, and therefore in the consolidation of a safe and enabling environment for defenders to conduct their work. As the Special Rapporteur has repeatedly highlighted, it is paramount that non-State actors acknowledge and respect the important role of defenders in ensuring the full enjoyment of human rights by all (A/65/223).
- 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. 114
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- The Special Rapporteur is concerned that the perspective of human rights defenders seems to be lacking throughout the UPR process. For example, it is still exceptional for national reports to have detailed references to, or separate sections on, human rights defenders. Stakeholders should include information on the situation of defenders in their submissions.
- 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. 117
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- 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).
- 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. 121
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- Under the Declaration on Human Rights Defenders, those who work for the promotion and protection of human rights are key players in society and have duties towards and within their communities. Indeed, defenders have an important role to play and an essential responsibility in safeguarding democracy, ensuring that it remains open and pluralistic, promoting human rights and fundamental freedoms and contributing to the promotion and advancement of democratic societies, institutions and processes (art. 18). However, defenders can only do this if they are able to work in safe and enabling environment where they are recognized and empowered by the State, institutions and other stakeholders.
- 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
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 129
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- States have the primary responsibility to ensure that defenders work in a safe and enabling environment. Such an environment should include a conducive legal, institutional and administrative framework; access to justice and an end to impunity for violations against defenders; a strong and independent national human rights institution; policies and programmes with specific attention to women defenders; effective protection policies and mechanisms paying attention to groups at risk; non-State actors that respect and support the work of defenders; safe and open access to international human rights bodies; and a strong, dynamic and diverse community of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- 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. 131a
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- [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;
- 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. 131b
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- [Member States should:] Combat impunity for violations against defenders by ensuring that investigations are promptly and impartially conducted, perpetrators are held accountable, and victims obtain appropriate remedy. In this context, pay particular attention to violations committed by non-State actors;
- 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. 131d
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- [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;
- 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
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