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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 62
- Paragraph text
- This has also been the case for peaceful protestors advocating economic, social and cultural rights, such as indigenous peoples protesting the exploitation of a coal mine (Bangladesh), local residents denouncing the health impact of nuclear power plants (India), students protesting university reforms (Chile), employees protesting the closure of a mine (Myanmar), activists criticizing the increase in fuel prices (Sri Lanka) or students supporting an ethnic group forcibly displaced by the construction of a dam (Sudan).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Persons on the move
- Year
- 2013
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 30
- Paragraph text
- Extreme care must be taken by States parties to ensure that treason laws and similar provisions relating to national security, whether described as official secrets or sedition laws or otherwise, are crafted and applied in a manner that conforms to the strict requirements of paragraph 3. It is not compatible with paragraph 3, for instance, to invoke such laws to suppress or withhold from the public information of legitimate public interest that does not harm national security or to prosecute journalists, researchers, environmental activists, human rights defenders, or others, for having disseminated such information. Nor is it generally appropriate to include in the remit of such laws such categories of information as those relating to the commercial sector, banking and scientific progress. The Committee has found in one case that a restriction on the issuing of a statement in support of a labour dispute, including for the convening of a national strike, was not permissible on the grounds of national security.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 11
- Paragraph text
- For the purposes of the report, the groups most at risk will also include groups and individuals who are targeted not because of their identity, but because they actively lobby for the rights of those most at risk of discrimination and retribution. Human rights defenders, including journalists, trade unionists and environmental activists, among others, face considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 65
- Paragraph text
- In some cases, restrictions on human rights can be directly linked to States' efforts to encourage business investment. Businesses then profit from those violations, sometimes calling upon State security organs for further protection. Crimes are often committed on their behalf with impunity. This is particularly true in the field of natural resource exploitation, as the Special Rapporteur documented in his 2015 report to the Human Rights Council. For example, reprisals against activists who stood up to large business interests have occurred in Colombia, the Lao People's Democratic Republic and the Philippines.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 107
- Paragraph text
- A key area of concern to the Working Group is the profound level of backlash against women’s human rights gains, which is on the rise both within States and in international spheres. In a climate of rising populism, xenophobia and fundamentalisms, long-established women’s human rights norms are being undermined, heightening the fragility of good practices in this context. In addition, a concurrent attack on women’s organizations, women’s human rights defenders and civil society movements — including feminist, environmental and human rights movements — creates an atmosphere in which these key actors are criminalized, de-funded and even killed, making the question of good practices moot. The Working Group emphasizes the importance of maintaining the autonomy of local and national movements and other civil society actors — including national human rights institutions, public interest lawyers and scholars — as an essential means of protecting and sustaining good practices. Backlashes within intergovernmental forums, as well as at the national level, must be challenged head-on by the international community.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2017
Paragraph
Contemporary challenges to freedom of expression 2016, para. 46
- Paragraph text
- The right to freedom of opinion and expression must be respected "without distinction of any kind" (see article 2 (1) of the Covenant). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders and on the independence of judges and lawyers address issues pertaining to human rights defenders and non-governmental organizations (NGOs), often in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Given their focus and detailed reporting, I will not highlight here our shared concerns about restrictions imposed against NGOs, human rights defenders environmental activists, refugees and lawyers. Instead I will highlight several other groups whose expression is particularly subject to repression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2016
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 90
- Paragraph text
- Throughout her mandate, the Special Rapporteur has highlighted the need to pay particular attention to addressing the needs of human rights defenders who face extraordinary risks due to the work that they do and the contexts in which they operate. In this connection, the Special Rapporteur has focused on the situation of selected groups of human rights defenders who are at particular risk of violations, including judges and lawyers; journalists and media workers; trade unionists; youth and student defenders, those working on sexual orientation and gender identity; and defenders working on environment and land issues (A/HRC/19/55).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Youth
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 93
- Paragraph text
- Another group that also faces a high risk of violations are defenders working on land and environmental issues in connection with extractive industries and construction and development projects. Violations in this regard generally occur in the context of land disputes, where the perpetrators are both State and non-State actors. As a response to these trends, the Special Rapporteur argues that a rights-based approach to large-scale development projects could contribute to creating and consolidating a safe and enabling environment for defenders who operate in this context. She has also stressed the need: for transparency and access to information; for protection, which should be provided to affected communities and those defending their rights in this context; and to ensure accountability of duty-bearers and access to appropriate remedy. The Special Rapporteur considers that the Guiding Principles on Business and Human Rights, based on the due diligence framework, are an essential reference and tool for States and other stakeholders involved in the context of business operations and the respect for basic rights and freedoms.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 98
- Paragraph text
- During her mandate, the Special Rapporteur has extensively focused on integrating a gender perspective throughout her work and has paid particular attention to the specificities of the environment in which women human rights defenders operate. She has addressed the heightened risks and challenges faced by women human rights defenders and those working on women's rights and gender issues; and highlighted the repercussions that such work may have on partners, spouses, and family members of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 100
- Paragraph text
- The Special Rapporteur regrets that, in many countries, there are no specific mechanisms in place to protect women defenders and those working on women's rights and gender issues. In countries where such mechanisms exist, they are often hampered by a lack of gender-sensitivity, implementation or political will. The Special Rapporteur strongly believes that women defenders need specific and enhanced protection and targeted and deliberate efforts to make the environment in which they operate a safer, more enabling and supporting one.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 105
- Paragraph text
- As stated above, the Special Rapporteur has condemned security guards employed by large-scale development corporations who have threatened to kill, harass and attack defenders working on issues related to access to land and natural resources during peaceful protests. She has also raised cases where local authorities have allegedly colluded with the private sector, and cases in which private companies had aided and abetted the commission of violations against human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 107
- Paragraph text
- The United Nations, regional and international human rights bodies are part of the environment in which defenders operate. Therefore, it is essential that defenders have a safe and unhindered access to such bodies for their work and their protection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 120
- Paragraph text
- The Special Rapporteur acknowledges that defenders themselves have a role to play in contributing to a safe and enabling environment. They are responsible for doing their work professionally, in a peaceful manner and with due respect for international human rights principles and standards.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 127
- Paragraph text
- The Special Rapporteur is grateful to have been given the opportunity to examine and analyse the situation of defenders worldwide. With her voice and her mandate, she has strived to raise awareness and visibility about the challenges and risks that defenders face. She has also tried to highlight good practices and provide guidance on how to widen the space in which they conduct their work, making the environment safer and more conducive.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 131i
- Paragraph text
- [Member States should:] Make sure that defenders can actively participate in the universal periodic review process, including by raising awareness about the process, organizing open and meaningful consultations, including a section about the situation of defenders in the national report, and making concrete recommendations towards the improvement of the environment in which they operate;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Environmental human rights defenders 2016, para. 7
- Paragraph text
- For the purposes of the present report, the term "environmental human rights defenders" refers to individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna. Land and environmental rights are interlinked and are often inseparable. As a result, the two broad categories of defenders advocating for the environment and for land rights are often characterized as "land and environmental rights defenders", "environmental rights defenders", or just "environmental activists". The report defines those defenders through the inclusive term "environmental human rights defenders", whose rights to exercise such fundamental freedoms as the rights to expression, privacy, association and peaceful assembly have been enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. With regard to exercising the right to protect environmental and land rights, article 1 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms - the Declaration on Human Rights Defenders - further holds that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 8
- Paragraph text
- Environmental human rights defenders are identified above all by what they do. They are characterized as such through their actions to protect environmental and land rights. Although they may work as journalists, activists or lawyers who expose and oppose environmental destruction or land grabbing, they are often ordinary people living in remote villages, forests or mountains, who may not even be aware that they are acting as environmental human rights defenders. In many other cases, they are indigenous leaders or community members who defend their traditional lands against the harms of large-scale projects such as mining and dams.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 9
- Paragraph text
- Owing to word limitations on documents and the vast literature on the subject, the Special Rapporteur will not delve here into a comprehensive analysis of diverse international human rights norms relevant to the protection of environmental human rights defenders; he will only outline the applicable normative framework. With regard to the sphere of activities of environmental human rights defenders, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights share a common article 1, which refers to the right of self-determination, by virtue of which all peoples freely determine their political status, pursue their economic, social and cultural development, and dispose of their natural wealth and resources. The Declaration recognizes the legitimacy of the defence of environmental rights by acknowledging the "valuable work" of human rights defenders in the elimination of violations, including those resulting from "the refusal to recognize the right of peoples to self-determination and the right of every people to exercise full sovereignty over its wealth and natural resources".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 10
- Paragraph text
- The mandate has consistently held that the protection accorded to defenders by the Declaration is not dependant on whether the focus of their work is on civil and political or economic, social and cultural rights (see, for example, A/HRC/4/37, paras. 27-30, and A/HRC/19/55, paras. 61-63). As recently as March 2016, the Human Rights Council adopted resolution 31/32 on protecting defenders addressing economic, social and cultural rights, reaffirming the urgent need to respect, protect, promote and facilitate the work of those defending economic, social and cultural rights as a vital factor contributing towards the realization of those rights, including as they relate to environmental and land issues and development.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 13
- Paragraph text
- The Special Rapporteur underlines the importance of the right of environmental human rights defenders to participation in the conduct of public affairs and decision-making, enshrined in article 25 (a) of the International Covenant and article 8 of the Declaration. That right is said to include the right to submit to the relevant governmental agencies criticism and proposals for improving their functioning and to draw attention to any aspect of their work that hinders or impedes the realization of human rights. The Rio Declaration on Environment and Development, as well as other prominent commitments, reaffirmed the importance of public participation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 16
- Paragraph text
- In their reports, previous Special Rapporteurs have stated that the key elements of guaranteeing a safe and enabling environment for human rights defenders, including environmental human rights defender, are adoption of a conducive legal and institutional framework; the fight against impunity and access to justice; establishment of a strong national human rights institution; effective protection policies and mechanisms; respect and support by non-State actors of the work of defenders; a robust community of defenders; and others (see, for example, A/HRC/25/55).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 20
- Paragraph text
- The Special Rapporteur supports Human Rights Council resolution 26/9 on the elaboration of an international legally binding instrument on transnational corporations and other business enterprises with respect to human rights, and believes that such an instrument would be timely. He urges the open-ended intergovernmental working group established pursuant to the resolution to fully consider the heightened risk posed by business activities to environmental human rights defenders in negotiations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 21
- Paragraph text
- The Special Rapporteur appreciates the rights-based approach of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention), which requires States parties not only to guarantee those rights, but to ensure that persons exercising them are not penalized, persecuted or harassed in any way. He encourages more States to accede to the Convention, thus putting in place the dual protections for the environment and human rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 23
- Paragraph text
- The international community and institutions must also act to end threats, intimidation and violence, used to curtail the interaction between environmental human rights defenders and the international and regional human rights mechanisms. The Human Rights Council, in its resolutions 22/6 and 24/24, reaffirmed the right of everyone to unhindered access to and communication with international bodies. The Guidelines against Intimidation or Reprisals (the "San José Guidelines") (HRI/MC/2015/6) endorsed by the chairs of the United Nations human rights treaty bodies aim to enhance the protection provided by treaty bodies to those who face reprisals for engaging with the international human rights regime. The Special Rapporteur encourages other relevant international and regional organizations to follow suit and put in place policies and measures to prevent and address reprisals against environmental human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 24
- Paragraph text
- As the global demand for natural resources grows, the environment is becoming a new frontline for human rights and our common future. In many countries around the world, activists and communities are raising their voices to prevent harming our environment and promote alternatives to the planet's devastation through a more sustainable development. They seek a meaningful and urgent societal dialogue and a world where people can live in prosperity and dignity, and where nature is protected.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 25
- Paragraph text
- To many, they are heroes defending our planet and our rights. They are not only environmentalists or land activists, but also human rights defenders. However, they are demonized by their opponents as "anti-development" or "unpatriotic". This despite the striving by those defenders for a more sustainable, prosperous and equitable future, an objective shared by the international community as expressed by the adoption of the 2030 Agenda.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 26
- Paragraph text
- Despite their human rights work, environmental human rights defenders increasingly face violence and violations of their rights on a daily basis. They are often treated as enemies of the State and, all too often, are targeted for assassination. The scale of killings indicates a truly global crisis.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 27
- Paragraph text
- Despite the complexity of quantifying the whole situation, there have been rapid strides in exposing the true picture of attacks against environmental human rights defenders. One revealing report documented the unprecedented 185 killings of environmental human rights defenders across 16 countries in 2015. The 59 per cent increase from 2014 meant that more than three defenders were murdered, on average, every week in the course of 2015. The sectors of mining and extractive industries (42 killings), agribusiness (20), hydroelectric dams and water rights (15) and logging (15) were major drivers of the murders. According to another report, the largest single group, constituting 45 per cent of the documented 156 defenders killed in 25 countries in 2015, were related to the defence of environmental, land and indigenous peoples' rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 28
- Paragraph text
- Both reports, collaborated by numerous others, indicate that the large majority of assassinations occurred in the countries of the global South, especially in Latin America and Asia. This is not to deny serious allegations of abuses of environmental human rights defenders in the global North countries, including harassment and strategic lawsuits against public participation that occur with State complicity, or at least disregard. Killings of environmental human rights defenders amounted to 67 per cent of all reported murders of defenders in Asia and 41 per cent of those reported in Central and South America. In 2014, three quarters of the 116 cases of killings of environmental human rights defenders in 17 countries - on average more than two victims per week - took place in Central and South America, with South-East Asia the second most-affected region. The spike in killings was related to large-scale hydropower projects, where dams were built in countries with weak legal regimes, repressive Governments and rampant corruption, and on lands belonging to indigenous and ethnic minority peoples.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 29
- Paragraph text
- The Special Rapporteur shares civil society observations that other common characteristics of the killings include the overall impunity with which the perpetrators of these crimes can act and the woefully lacking or ineffective protection measures available for environmental human rights defenders at risk. In almost every affected Latin American country, government and corporate actors are involved in the murders of environmental human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph