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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Financialization of housing and the right to adequate housing 2017, para. 54 | Aug 19, 2019 | Paragraph | Claims have recently been brought against the Dominican Republic and Panama, for example, on the basis that government decisions to cancel planned luxury developments in order to protect indigenous territories or environmental resources violated investors' rights under bilateral investment treaties. The Government of Mauritius is currently being taken to arbitration by a group of property development companies from the United Kingdom that invested in luxury real estate developments in Mauritius and are now seeking damages for a decision on the part of the Government to change its planning policy to restrict such developments. | Special Rapporteur on adequate housing as a component of the right to an adequate standard of living | Special Procedures' report |
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| 2017 | ||
Financialization of housing and the right to adequate housing 2017, para. 44 | Aug 19, 2019 | Paragraph | The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing. | Special Rapporteur on adequate housing as a component of the right to an adequate standard of living | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 73 | Aug 19, 2019 | Paragraph | Disaggregated data-gathering should be conducted at the national, regional and local levels through the national census and periodic social surveys, accompanied by appropriate statistical analysis. It is essential to include data takers from diverse backgrounds, including minority persons, especially in territories where minorities are concentrated. Census questions should allow for open and multiple responses to enable respondents to self-identify according to their national, ethnic, religious and linguistic affiliation, including multiple identities. It is necessary to develop various socioeconomic indicators and indices to adequately assess possible marginalization of and discrimination against minorities with respect to, inter alia, access to education, employment, health, housing and public services. Moreover, other forms of surveys, such as population surveys that measure experiences, perceptions and attitudes, and situation-testing surveys to directly measure discrimination in specific instances may be necessary to fully understand the status of minorities. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 76 | Aug 19, 2019 | Paragraph | The Special Rapporteur often came across gaps between the ambitious policies, legislation, action plans and programmes on minorities, on the one hand, and the lack of mechanisms in place to actually carry them out or monitor their implementation, on the other. She is concerned that during her tenure, several countries had difficulties in identifying the most relevant governmental departments in charge of minorities and even when they did so, their capacities in terms of staff, budget and authority often did not meet the necessary minimum standards to provide effective attention to and protection of minorities. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 77 | Aug 19, 2019 | Paragraph | The Special Rapporteur is of the view that given the importance of realizing minority rights as an essential means to prevent tensions and conflict, investment in institutional attention to minority issues is needed more than ever. States should redouble their efforts to institutionalize expertise in minority rights before tensions arise, in order to identify potential problems and implement effective prevention measures. This is important not only for States with significant minority populations and where there is a history of ethnic or religious tensions or conflict, but for all States, owing to the present international migration dynamics whereby new minorities are called upon to coexist with other groups who have been established for a longer time on the territory. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 78 | Aug 19, 2019 | Paragraph | The national dimension of the institutional attention to minority issues must be complemented and reinforced by solid regional and international mechanisms tasked to promote domestication of minority rights, as well as the protection and promotion of minority standards regionally and internationally. In this regard, the Special Rapporteur recognizes several existing good practices, such as the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe and various dedicated mechanisms of the Council of Europe, while also noting the need for further strengthening regional mechanisms. For instance, there are no specialized mechanisms on minorities within the African Commission on Human and Peoples' Rights, the Economic Community of West African States or the Association of Southeast Asian Nations. The Special Rapporteur began a dialogue, encouraging the creation of focal points on minorities within regional mechanisms as a starting point, and urged that consideration be given to the possible extension of the mandates of relevant existing bodies. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 82 | Aug 19, 2019 | Paragraph | As part of its crucial role on minority issues, it is imperative that the United Nations take a stronger stance in advocating for minority rights protection at both national and regional levels, to ensure that States strengthen their legal, policy and institutional frameworks and that regional anti-discrimination and minority rights standards and mechanisms are put in place for the protection and promotion of minority rights, respectively. Equally, the Organization should consider strengthening existing mechanisms and platforms for minorities within the United Nations system, including the Forum on Minority Issues, by providing additional resources. Furthermore, the establishment of a committee to monitor the implementation of the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 is long overdue and would assist Member States in complying with their obligations under the Convention. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 85 | Aug 19, 2019 | Paragraph | The Forum on Minority Issues, which replaced the Working Group on Minorities, was established in 2007 by the Human Rights Council in resolution 6/15 and reaffirmed in 2012 by resolution 19/23. It is mandated to provide a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities, as well as to provide thematic contributions and expertise to the work of the Special Rapporteur on minority issues. The Special Rapporteur is tasked with guiding the work of the Forum, preparing its annual meetings and reporting on the thematic recommendations of the Forum to the Council. The Forum meets annually in Geneva for two working days, allocated to thematic discussions. An average of more than 500 participants attend the Forum, including minorities, Member States, United Nations mechanisms, regional intergovernmental bodies and NGOs. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 89 | Aug 19, 2019 | Paragraph | It will be important in the future to consider bringing the Forum on Minority Issues into the various regions so members of minorities and NGOs who cannot afford to travel to Geneva will be able to contribute to the Forum's deliberations in their respective localities. It would also be desirable to extend the session for longer than two days so more participants could take the floor and the discussions could go deeper into the heart of the recommendations. Other challenges include the limited awareness of the Forum at regional and local levels and the lack of capacity to follow up on the implementation of its recommendations. Furthermore, it will be important to foster the ownership of the Forum's agenda by minorities themselves, to encourage focused and constructive participation of States and minority representatives, to strengthen the engagement of other United Nations bodies in the Forum and to promote a more interactive dialogue and discussion during its sessions. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 98 | Aug 19, 2019 | Paragraph | The Special Rapporteur believes that similarly, United Nations staff in all offices and entities, particularly in the field, should better reflect the national, ethnic and religious make-up of the societies in which they operate. With established, strong networks of consultation with minorities and trust-building efforts between United Nations offices and minority communities, the Organization will be better equipped to fulfil its vital role in recognizing and responding to early warning signs of intercommunal tensions and be better prepared to prevent mass atrocity crimes and genocide, of which minorities are the most frequent targets. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 100 | Aug 19, 2019 | Paragraph | The Special Rapporteur has repeatedly emphasized that the collection and statistical analysis of disaggregated data on minorities are crucial to obtain important baseline information on the actual situation and status of minority communities. Such data would allow for adequate policy responses to minority issues, including the establishment and monitoring of targeted actions and programmes to prevent and address poverty, exclusion and discrimination. The Special Rapporteur urges States to collect data disaggregated on the basis of, inter alia, gender, ethnicity, language and religious affiliation. Individuals should be able to self-identify and express multiple identities. Data collection should be periodic and comply with international standards of privacy and personal data protection. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 101 | Aug 19, 2019 | Paragraph | Minorities remain among the poorest and the most socially and economically excluded and marginalized communities globally, yet targeted attention to their situations is lacking. The Special Rapporteur believes that the adoption of the 2030 Agenda for Sustainable Development, although it failed to include an explicit reference to minorities, provides important momentum for their inclusion in the actions to be undertaken for its implementation. She firmly believes that the successful implementation of the 2030 Agenda can only be achieved by taking into consideration the situation of minorities, and calls on States to fulfil in practice the principle of leaving no one behind. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 50 | Aug 19, 2019 | Paragraph | Finally, independent national human rights institutions have a critical role to play with regard to promoting and monitoring national laws and policies, their harmonization with international human rights standards, including the Declaration, and State compliance. Some independent national human rights institutions have incorporated indigenous members, or sections on indigenous issues, have developed good monitoring practices, and have promoted dialogue on the rights of indigenous peoples in their countries. Countries where independent national human rights institutions have promoted the rights of indigenous peoples include Colombia, Guatemala, Peru, Australia, Indonesia, Malaysia, Nepal, New Zealand, the Philippines, Kenya, Namibia and the United Republic of Tanzania. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 52 | Aug 19, 2019 | Paragraph | The Declaration contains a set of collective rights that are fundamental for the survival of indigenous peoples as distinct peoples, as underlined by international, regional and national law and jurisprudence. These are their right to self-determination and the related rights over their lands, territories and natural resources, on which the enjoyment of the whole panoply of their human rights depends. The Declaration states the “urgent need” to respect and promote the inherent rights of indigenous peoples, “especially their rights to their lands, territories and resources”. Therefore, it is a serious concern that the most common complaints brought to the attention of the Special Rapporteur are precisely violations of indigenous peoples’ collective rights to their lands, territories and resources. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 53 | Aug 19, 2019 | Paragraph | As already mentioned, several countries have developed legal instruments and administrative and other measures to recognize indigenous rights to land and resources, including processes of land demarcation, title-clearing, dispute settlement, and others. Yet, even in those countries, implementation of legislation and policies is inadequate and indigenous peoples continue to be dispossessed of their traditional lands and resources and forcibly displaced, including by State-sponsored infrastructure, agribusiness, extractive projects and conservation measures. The consequences of such violations on indigenous peoples, as observed by the mandate holder in a wide range of countries across the world, continue to result in the expropriation of land, forced evictions, and the denial of self-governance, as well as discrimination against traditional livelihoods and loss of culture and spiritual sites. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 14 | Aug 19, 2019 | Paragraph | Human rights treaty bodies have specifically addressed the need for special measures when referring to indigenous peoples within the context of monitoring compliance with their respective human rights treaties. The Committee on the Elimination of Racial Discrimination has noted that “the situation of indigenous peoples has always been a matter of close attention and concern. In this respect, the Committee has consistently affirmed that discrimination against indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination.” It has furthermore noted that “States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities”. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 63 | Aug 19, 2019 | Paragraph | Over the past decade, the mandate holder has received many complaints and requests for technical support regarding the implementation of the State duty to consult and obtain the free, prior and informed consent of indigenous peoples before the adoption of legal, administrative and policy measures that affect them. Commonly, the complaints received are related to the lack of effective implementation of the rights to consultation and consent in the context of plans for natural resource development and investment projects affecting indigenous peoples’ lands and resources. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 64 | Aug 19, 2019 | Paragraph | In response, the mandate holder has provided detailed comments and recommendations to help to clarify and implement these standards in general and specific cases, including on “consultation on consultation” processes to decide on the measures that could be best suited to ensuring respect for fundamental rights in accordance with international human rights standards, particularly the Declaration. Advice has been provided through participation in meetings and seminars, communications, visits and reports, including on legal standards applicable to projects and activities that affect indigenous peoples’ lands, territories and resources. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Adequacy of the international legal framework on violence against women 2017, para. 29 | Aug 19, 2019 | Paragraph | Civil society organizations also claimed that the current framework failed to address violence against women in specific contexts such as violence against women in conflict; situations of “invisible violence”, namely economic violence and psychological violence against, for instance, women belonging to minority groups; and the specific experiences of children exposed to violence against women. They also pointed out that, among the substantive issues that were missing in the current legal framework, there was the need to create an intersectionality of approach, including the initiatives by the Committee on the Rights of the Child, the Committee on Economic, Social and Cultural Rights, the Human Rights Council and the Committee on the Elimination of Racial Discrimination. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
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| 2017 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 104 | Aug 19, 2019 | Paragraph | The Special Rapporteur particularly encourages OHCHR to launch an awareness-raising and action campaign, including through the United Nations network on racial discrimination and the protection of minorities, on the occasion of the two anniversaries. Such a campaign should advocate for better mainstreaming of minority rights across United Nations departments and agencies and could highlight the most important emerging issues and best practices to assist Member States in strengthening their minority rights protection efforts. | Special Rapporteur on minority issues | Special Procedures' report |
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| 2017 | ||
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 46 | Aug 19, 2019 | Paragraph | States parties should ensure that indigenous peoples have access to effective remedies, both judicial and non-judicial, for all infringements of their individual and collective rights. These remedies should be sensitive to indigenous cultures and accessible to indigenous peoples. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 68 | Aug 19, 2019 | Paragraph | Further participation and involvement of indigenous peoples in the work of these bodies and procedures would help to increase awareness of the Declaration. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 21 | Aug 19, 2019 | Paragraph | The Expert Mechanism on the Rights of Indigenous Peoples of the Human Rights Council undertook a survey of implementation through questionnaires addressed to Member States and indigenous peoples in 2014. In the report summarizing their replies on best practices regarding measures and implementation strategies to attain the goals of the Declaration it is pointed out that the information provided only allowed for a limited assessment of its implementation. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 10 | Aug 19, 2019 | Paragraph | The preamble to the Declaration underlines fundamental aims and principles which should guide its interpretation and implementation: the need to overcome and repair the historical denial of the fundamental human rights of indigenous peoples, and the affirmation of the equality of indigenous peoples and individuals to all other peoples and individuals, paired with their right to be different. The Declaration itself can be considered a remedial tool. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 15 | Aug 19, 2019 | Paragraph | Challenges remain regarding the interpretation of the content of the rights enshrined in the Declaration. Differences in interpretation continue to exist especially in relation to rights to lands and resources; the application of the duty of States to consult with and seek the free, prior and informed consent of indigenous peoples in matters that affect them; and the harmonization of State and customary indigenous governance and justice systems. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 28 | Aug 19, 2019 | Paragraph | Discussions on recognition of indigenous peoples and their rights in the Constitution are ongoing and at the federal level in Australia, Chile and Guatemala. In February 2017, the Special Rapporteur together with other special procedures mandate holders wrote to the Government of Guatemala urging it, in the context of the ongoing parliamentary debate, to support amendments to the Constitution which would recognize the indigenous justice system. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 29 | Aug 19, 2019 | Paragraph | Within the Commonwealth of Australia, each of the six States already have Constitutions that recognize Aboriginal peoples and the Queensland Constitution specifically recognizes Torres Strait Islander peoples as well. The Constitution of Mexico City, adopted in February 2017, refers to the rights of indigenous peoples within an urban setting, explicitly mentions the Declaration and adopts it as its legal framework. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 12 | Aug 19, 2019 | Paragraph | Furthermore, the Declaration is an instrument aimed at ending the pervasive racism and discrimination still suffered by indigenous peoples in the enjoyment of their human rights. Racism and discrimination are prevalent mindsets and attitudes that prevent the establishment of equal relationships between indigenous peoples and States, and with the society at large. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2017 | ||
Access to rights-based support for persons with disabilities 2017, para. 46 | Aug 19, 2019 | Paragraph | Persons with disabilities belonging to groups that have been historically discriminated against or disadvantaged (such as indigenous peoples, ethnic minorities and persons living with HIV/AIDS) are disproportionately affected in accessing support arrangements and services. This also applies to migrants, persons living in conflict situations, internally displaced persons, refugees, asylum seekers, stateless persons and prisoners with disabilities, as humanitarian responses tend to overlook their support needs. Moreover, there is a strong link between belonging to a racial and cultural minority and experiencing coercion and institutionalization. Policies and programmes to ensure access to support must seek to overcome the impact of the multiple and aggravated forms of discrimination faced by persons with disabilities belonging to these groups in accessing support. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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Work in progress, challenges and the way forward 2017, para. 52 | Aug 19, 2019 | Paragraph | Enhanced cooperation with resident coordinators and United Nations agencies and programmes is needed. The Special Rapporteur's interactions with other actors have revealed a lack of visibility and understanding of his mandate and, more generally, a lack of knowledge even within the United Nations about the situation of defenders. He has therefore sought to foster better coordination with institutions such as the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the International Labour Organization (ILO), the United Nations Development Programme (UNDP) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). It would also be useful to develop training and outreach workshops for staff of those institutions and to raise their awareness about the recommendations contained in the Special Rapporteur's reports and the links between them and the issues at the core of those institutions' missions. A noteworthy example would be the recommendations on women defenders or defenders working on development projects or on the protection of ethnic and cultural minorities. | Special Rapporteur on the situation of human rights defenders | Special Procedures' report |
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