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Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
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Violations committed against defenders by non-State actors 2010, para. 4 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 6 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | During times of armed conflict or states of emergency, human rights defenders are at great risk of being targeted by non-State armed groups. Defenders denouncing impunity and violations committed by armed groups are harassed and, consequently, work in a state of fear. In particular, their mental and physical integrity is at risk, as they often live in regions under the control of non-State armed groups or wherein these groups operate. In addition to being threatened and harassed by militias, warlords and other armed groups, women human rights defenders are, in addition, often subjected to rape and other forms of sexual violence because of their work. Human rights defenders helping victims to access justice for violations of human rights law or international humanitarian law, either locally or before regional or international tribunals such as the International Criminal Court, are also regularly subjected to threats, violence and harassment. In particular, the Special Rapporteur has received information about lawyers receiving death threats because of their work in defence of victims of international crimes. Humanitarian workers are also targeted by non-State armed groups and thus prevented from providing humanitarian assistance to victims of armed conflicts. Furthermore, in the context of civil conflict, paramilitaries often attempt to stigmatize the work of human rights defenders and legitimize campaigns of violence against them by alleging that they are associated with armed groups or "terrorists". In such cases, it is vital that the Government publicly reaffirm the importance of the work carried out by human rights defenders and denounce any attempts at its delegitimization or stigmatization. |
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Violations committed against defenders by non-State actors 2010, para. 12 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 16 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In addition, the information received indicates that community leaders and faith-based groups are increasingly resorting to the stigmatization of, and attacks against, defenders working on issues such as the rights of lesbian, gay, bisexual and transgender persons (A/HRC/4/37/Add.2, para. 32), violence against women and domestic violence. In numerous instances, defenders have been threatened with ostracism or pressured to stop their work in defence of human rights. Furthermore, the information received shows that women human rights defenders working in the area of domestic violence and other types of violence against women are often pressured by the family members of victims or threatened by the perpetrators or their own family members to drop cases. |
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Violations committed against defenders by non-State actors 2010, para. 17 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 21 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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". |
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Violations committed against defenders by non-State actors 2010, para. 22 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 23 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In relation to private national or transnational corporations, the Special Rapporteur refers to the responsibility of companies to respect human rights, as emphasized by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, Mr. John Ruggie, in his report to the Human Rights Council (A/HRC/8/5), submitted in 2008. The Human Rights Council endorsed the Special Representative's policy framework for business and human rights, as elaborated in his report. The framework rests on the three principles of "protect, respect and remedy": the State duty to protect against human rights abuses by third parties, including businesses; the corporate responsibility to respect human rights; and the need for more effective access to remedies. The Human Rights Council later emphasized that transnational corporations and other business enterprises have a responsibility to respect human rights (see Human Rights Council resolution 8/7). Consequently, business enterprises also have a responsibility to respect the rights of human rights defenders. |
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Violations committed against defenders by non-State actors 2010, para. 24 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The corporate responsibility to respect human rights (see A/HRC/14/27, paras. 54-78) is recognized in soft-law instruments such as the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy and the Organization for Economic Cooperation and Development Guidelines for Multinational Enterprises, and it constitutes one of the commitments that companies undertake when joining the United Nations Global Compact. The corporate responsibility to respect notably applies to the rights enshrined in the International Bill of Human Rights. Therefore, the rights enshrined in the Declaration on human rights defenders, such as the right to security and liberty, freedom of association and freedom of opinion and expression, including access to information, must be respected by companies, whether national or transnational. Examples of alleged violations of those rights by companies are provided above. |
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Violations committed against defenders by non-State actors 2010, para. 25 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Representative also stated that discharging the responsibility to respect human rights required due diligence. This concept, which is derived from, but should be distinguished from, a State's due diligence responsibility, should be understood to mean that companies must ensure that their activities do not infringe upon the rights of others, including human rights defenders. This implies that companies should identify and prevent human rights violations against defenders that may result from their activities and operations. The Special Rapporteur would like to call upon companies to engage with human rights defenders while implementing the four components of the human rights due diligence standard, as elaborated by the Special Representative of the Secretary-General on business and human rights. |
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Violations committed against defenders by non-State actors 2010, para. 26 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In addition, companies should envisage incorporating a reference to the Declaration on human rights defenders into their corporate social responsibility and/or human rights policies. Transnational corporations should also systematically consider involving human rights defenders in their country assessment prior to undertaking any investment in a given State. Early and transparent discussions on the consequences of the activities of companies on the enjoyment of human rights in their areas of operation could prevent violations of the human rights of populations, communities and defenders. Such a participatory process would also contribute to an acknowledgment of the key role of defenders in the promotion of human rights, democracy and good governance. Transnational companies could also play a key role in influencing their national parent companies and overseas subsidiaries to adopt the same approach. |
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Violations committed against defenders by non-State actors 2010, para. 29 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 31 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 33 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In a recent case involving a transnational mining company, the Inter-American Commission on Human Rights requested that the concerned State suspend operation of a gold mine owned by a transnational corporation until the adoption of a decision on the merits of the petition associated with the request for precautionary measures. The State was also requested to adopt any other necessary measures to guarantee the life and physical safety of the members of the indigenous communities concerned and to plan and implement protection measures with the participation of the beneficiaries and/or their representatives, who should also be considered human rights defenders. Despite the decision granting precautionary measures, leaders of the communities peacefully protesting against the perceived negative effect of the mining on, notably, their right to water have been threatened and attacked. |
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Violations committed against defenders by non-State actors 2010, para. 34 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The principle of due diligence, as first articulated by the Inter-American Court of Human Rights in the case of Velásquez-Rodríguez v. Honduras, provides a way to assess whether the State has acted in fulfilment of its human rights obligations. In relation to the Declaration, 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. |
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Violations committed against defenders by non-State actors 2010, para. 35 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Examples of actions or omissions contravening the State duty of due diligence include failure to provide effective protection to defenders at risk who have documented attacks and threats by non-State actors or who have been granted interim protection measures by regional human rights mechanisms. In relation to the above-mentioned case,9 despite the precautionary measures granted by the Inter-American Commission on Human Rights to the leaders of certain communities, information received by the Special Rapporteur indicates that violence against defenders continues. One of the community leaders of the movement against the mine was shot by unidentified men in July 2010. Failure to prevent violations of the rights of defenders may also include the removal of protection measures without due justification when the original threat is still present and the failure to investigate recurrent attacks and alleged violations against defenders. |
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Violations committed against defenders by non-State actors 2010, para. 36 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 40 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 41 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Pursuant to article 8 of the draft articles on State responsibility, acts and omissions committed by non-State actors under the instructions, control or direction of the State can, under certain circumstances, give rise to State responsibility. One example of a situation might be the case of a State creating or equipping armed groups, such as paramilitaries or armed bands, and instructing them to attack human rights defenders. In this instance, paramilitaries could be considered de facto State organs, and the commission of acts in breach of international law against defenders could be attributed to the State. |
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Violations committed against defenders by non-State actors 2010, para. 43 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 44 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 45 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Violations committed against defenders by non-State actors 2010, para. 50 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Whenever national human rights institutions are not able to address violations committed by private corporations, the possibility of amending their mandates so that they can receive and consider complaints of that nature should be envisaged. Such amendments should be discussed with defenders themselves to take into account the specific risks they encounter. National human rights institutions could also play a key preventive role in disseminating the Declaration to non-State actors and raising awareness about their responsibility to respect the rights of defenders. |
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Violations committed against defenders by non-State actors 2010, para. 51 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Security and protection of human rights defenders 2010, para. 113d | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | [The Special Rapporteur would like to recommend to States the following minimum guidelines regarding protection programmes for human rights defenders:] Protection programmes should include an early warning system in order to anticipate and trigger the launch of protective measures. Such a system should be managed centrally and risk assessment should involve different groups of human rights defenders. The seasonal changes and examples of insecure situations mentioned above should be taken into account when designing such systems; |
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Security and protection of human rights defenders 2010, para. 28 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | On 9 October 2009, the Special Rapporteur on the situation of human rights defenders, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on human rights defenders in Africa of the African Commission on Human and Peoples' Rights issued a joint press release denouncing the stigmatization of human rights defenders by the Gambian authorities and the public threats to kill defenders working in the Gambia or those collaborating with them. This stigmatization was even more symbolic given that the statements in question were made in Banjul, at the headquarters of the African Commission on Human and Peoples' Rights, only a few days before the Commission's forty-sixth ordinary session. The Special Rapporteur is concerned that human rights defenders are frequently victims of campaigns of defamation by State-owned media and are often portrayed as traitors or enemies of the State, which puts their lives in danger. |
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Security and protection of human rights defenders 2010, para. 29 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Security and protection of human rights defenders 2010, para. 30 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Certain countries have taken action in this regard, which should be commended. The Special Rapporteur notes with satisfaction the public statement by the President of Colombia on 17 September 2009 after his meeting with the Special Rapporteur to the effect that "the defence of human rights is a necessary and legitimate action for democracy in a country like Colombia which is proud to be completely open to international scrutiny in this field" and she calls upon the authorities to give effect to this statement. In Belgium, both the Senate and the Chamber of Representatives adopted resolutions on the protection of human rights defenders, acknowledging the role of defenders and their need of protection. The resolutions also establish clear goals to be achieved by the Belgian authorities. Similarly, the Spanish Congress unanimously passed a resolution on human rights defenders in June 2007. |
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Security and protection of human rights defenders 2010, para. 32 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Security and protection of human rights defenders 2010, para. 33 | Aug 19, 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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