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Security and protection of human rights defenders 2010, para. 93
- Paragraph text
- The African Commission has developed a mechanism for adopting provisional measures in its rules of procedure (rule 111): "Before making its final views known to the Assembly on the communication, the Commission may inform the State party concerned of its views on the appropriateness of taking provisional measures to avoid irreparable damage being caused to the victim of the alleged violation … . The Commission … may indicate to the parties any interim measure, the adoption of which seems desirable in the interest of the parties or the proper conduct of the proceedings before it."
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 25
- Paragraph text
- Concerning permissible restrictions, freedom of assembly can be subjected to limitations in accordance with applicable international obligations. Article 21 of the International Covenant on Civil and Political Rights defines the necessary requirements for the limitations to be considered permissible. Firstly, restrictions must be in conformity with the law - that is, restrictions can be imposed not only by law but also through a more general statutory authorization, such as an executive order or a decree. Secondly, restrictions must be necessary in a democratic society, which means that limitations must be proportional - States must first exhaust any alternatives that limit the right to a lesser degree - and must comply with minimum democratic principles. Finally, the only grounds upon which an interference with the right to peaceful assembly is permitted are: national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 32a
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be provided by law - that is through an act of Parliament or an equivalent unwritten norm of common law. Limitations are not permissible if introduced through Government decrees or other similar administrative orders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 32b
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be necessary in a democratic society. The State must demonstrate that the limitations are necessary to prevent a real threat to national security or the democratic order and that other less invasive measures are not adequate to achieve this purpose;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 32c
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] Such limitations may only be imposed in the interest of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 45
- Paragraph text
- Concerning the other two aspects, article 19 (3) of the International Covenant on Civil and Political Rights establishes that "the right to freedom of expression carries with it special duties and responsibilities and for this reason certain restrictions on the right are permitted, which may relate either to the interests of other persons or to those of the community as a whole. However, when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself." According to article 19 (3), restrictions must be "provided by law" and must be justified as being "necessary" for one of the following purposes: (a) respect of the rights or reputations of others; and (b) the protection of national security or of public order (ordre public), or of public health or morals.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 74
- Paragraph text
- Article 4 (1) of the International Covenant on Civil and Political Rights states: "In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin."
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 75
- Paragraph text
- Two fundamental conditions must be met before a State invokes article 4 of the Covenant: the situation must amount to a public emergency that threatens the life of the nation, and the State must have officially proclaimed a state of emergency. An additional fundamental requirement is that such measures must be limited to the extent strictly required by the exigencies of the situation. This relates to the duration, geographical coverage and material scope of the state of emergency and any measures of derogation adopted because of the emergency. Further, article 4 (1) requires that no measure derogating from the provisions of the Covenant can be inconsistent with the State's other obligations under international law, particularly the rules of international humanitarian law, and that States parties may in no circumstances invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 11
- Paragraph text
- Articles 3 and 17 of the Declaration provide that national legislative standards should be in compliance with the international human rights obligations of the State. The Special Rapporteur wishes to emphasize that any restrictions on the rights contained in the Declaration must be in accordance with applicable international obligations and determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society, pursuant to article 17 of the Declaration.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 66
- Paragraph text
- Pursuant to article 15 of the Covenant, the principle of legality prohibits retroactive application of crimes and penalties. To incur criminal responsibility, behaviour must be prohibited and carry criminal sanction at the time of conduct. Article 15 further provides that no heavier penalty may be imposed than that applicable at the time at which the criminal offence was committed. This requires legislation to be enforced in a regular and consistent manner, with penalties handed down as prescribed for in the applicable legislation. The principle therefore protects individuals from State abuse and interference, while ensuring the fairness and transparency of the judicial authority.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 71
- Paragraph text
- In the Special Rapporteur's view, the principle of necessity requires the State to show that the desired result is necessary and that the law in question is the best available means of achieving that result. It must be demonstrated that the impact of the law is as targeted as possible, thereby impairing the exercise of the affecting rights as little as possible. Furthermore, in accordance with the principle of proportionality, the impact of the restrictions must be proportionate and the harm caused by the restrictions cannot outweigh the benefits derived from applying the restrictions. The ability of individuals to exercise their rights to freedom of expression, association and peaceful assembly is an assessment of paramount importance, which the State needs to make as early as possible to ensure that those rights are not impaired.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 73
- Paragraph text
- While exceptional measures are permissible in such circumstances, States are required to fulfil requirements as established in law to ensure that during times of emergency derogation clauses do not create a legal vacuum. In particular, States are required to qualify the level of severity, temporariness, proclamation and notification, legality, proportionality, consistency with other obligations under international law, non-discrimination and, lastly, non-derogability of certain rights recognized as such in the relevant treaty. The system of derogation aims to ensure that the rights of individuals are protected during times of crisis by placing reasonable limits on the powers of Government to protect national security.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 26
- Paragraph text
- The main elements of the human rights-based approach, in particular when applied to development policy and projects, are enshrined in different international instruments and standards. The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, in their article 1, both state: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 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.
- 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
- Date added
- Aug 19, 2019
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).
- 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
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
Paragraph
Vision and Working Methods of the Mandate 2014, para. 105
- Paragraph text
- The present report presents the vision and the priorities which the Special Rapporteur wishes to share with the Member States and other stakeholders regarding the way in which he intends to carry out the statutory activities laid down, working in a spirit of openness, frankness and transparency which he will maintain throughout the duration of his office. He is conscious of the importance of this mandate and will devote his time and energy to completing the tasks assigned to him, with the overriding objective of serving the underlying cause.
- 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
- 2014
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 22
- Paragraph text
- The Special Rapporteur notes with satisfaction the ongoing negotiations in Latin America and the Caribbean on the application of principle 10 of the Rio Declaration on Environment and Development, and urges the parties to expedite the conclusion of the agreement in the light of the urgency of the situation, described in the following section. He urges the Economic Commission for Africa (ECA) and the Economic and Social Commission for Asia and the Pacific (ESCAP) to develop similar legally binding instruments on access to information, public participation and justice in environmental matters, including measures to protect environmental human rights defenders. Such multilateral instruments would be an effective tool to achieve sustainable development goals and respond to many challenges facing our planet, from climate change, biodiversity loss and environmental pollution to poverty eradication. They would also ensure that both States and corporations are held accountable for any violations against environmental human rights defenders and establish effective safeguards to ensure that community interests are fully considered in environmental decisions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Year
- 2016
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
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.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2013
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 81a
- Paragraph text
- [States should:] Enshrine a human rights-based approach to development in relevant legislation and administrative regulations, ensuring that contracts, permits, certificates and other documentation required for large-scale development projects to go ahead, to include the elements mentioned in section IV above, most notably participation of affected communities and those defending their rights in decision-making related to such projects;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 58
- Paragraph text
- The Paris Principles also indicate that national institutions should have adequate infrastructure and funding in order for them to have their own staff and premises and be financially independent from the Government. The source and nature of funding must be clearly stated and secured in the regulatory framework. The institution should be able to manage its funding independently. The Sub-Committee on Accreditation provides additional details on what adequate funding should include, as a minimum.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Role of national human rights institutions in the promotion and protection of human rights and as protectors of human rights defenders 2013, para. 63
- Paragraph text
- In other countries, national institutions claim to be financially ill-resourced in general which, in some instances, amounts to lack of basic office equipment (Burkina Faso) or means that they are not able to be fully operational in the regions, thereby restricting opportunities for interaction with grass-roots organizations (South Africa). An extreme situation would be the case of the national institution in El Salvador which, 20 years after its establishment, does not have premises of its own.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph