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The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 52
- Paragraph text
- Surveillance of human rights defenders in many countries has been well documented. On these occasions, human rights defenders and political activists report having their phone calls and e-mails monitored, and their movements tracked. Journalists are also particularly vulnerable to becoming targets of communications surveillance because of their reliance on online communication. In order to receive and pursue information from confidential sources, including whistleblowers, journalists must be able to rely on the privacy, security and anonymity of their communications. An environment where surveillance is widespread, and unlimited by due process or judicial oversight, cannot sustain the presumption of protection of sources. Even a narrow, non-transparent, undocumented, executive use of surveillance may have a chilling effect without careful and public documentation of its use, and known checks and balances to prevent its misuse.
- 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
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Large-scale development project and human rights defenders 2013, para. 16
- Paragraph text
- Rather than demonstrating opposition to development, such actions should be seen as legitimate attempts to defend the rights of those affected directly and indirectly by development projects and policies, as long as they are pursued through peaceful means. Resistance evokes a number of human rights issues, including with regard to the right to freely pursue one's economic, social and cultural development and the right not to be discriminated. Moreover, resistance can be viewed in connection with the rights to participate in the conduct of public affairs and to access information. It can also be framed as a legitimate effort to pursue the highest attainable standard of living and adequate housing and to defend one's privacy. The Special Rapporteur is of the opinion that human rights defenders and the communities whose rights they defend are free to oppose development projects through the exercise of their fundamental rights and that restrictions on those rights have to be applied in accordance with national legislation and the State's international human rights obligations. The Special Rapporteur provided observations on national legislation in her 2012 report to the General Assembly (A/67/292).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 80
- Paragraph text
- In accordance with international standards, prosecutors are prohibited from continuing proceedings when an impartial investigation demonstrates that the charge is unfounded. These standards are violated through the use of unreliable and uncorroborated evidence. In some cases, prosecutors demonstrate further prejudice toward a predetermined outcome by launching an investigation or filing charges in the absence of evidence. The Special Rapporteur notes with concern that preliminary investigations may be used to intimidate, silence or otherwise deter defenders from carrying out their legitimate activities to promote human rights. This contravenes international human rights standards relating to the role of prosecutors, notably articles 13 and 14 of the Guidelines on the Role of Prosecutors, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which state that prosecutors should perform their duties in an impartial and non-discriminatory manner and that they are not to initiate or continue prosecution, or make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 21
- Paragraph text
- With regard to States practising a regime of authorization for public assemblies, the Special Rapporteur continues to receive reports that such authorizations are denied to human rights defenders intending to raise awareness of human rights or protest against human rights violations. In other cases, assemblies have been permitted to go ahead, but not in the places requested. The Special Rapporteur recognizes the need for States to be notified of assemblies to ensure the safety of participants and surroundings. She shares the position of the Special Rapporteur on the rights to freedom of peaceful assembly and of association that a regime of notification gives the authorities sufficient notice and that this is the international standard by which States should abide in order to respect the right to assemble peacefully (A/HRC/20/27, para. 28). Nonetheless, the Government should ensure that spontaneous assemblies are permitted to take place and that protesters are able to voice their concerns to their target audience. Referring authorized assemblies to geographic locations other than those designated by the organizers would constitute a limitation on freedom of peaceful assembly.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 52
- Paragraph text
- In other cases, civic activists faced arbitrary detention and long prison terms after unfair trials. In Belarus, where multiple home and office raids, arrests, trials and detention of numerous human rights defenders active in civic associations took place as a result of their legitimate human rights activities during the presidential elections in December 2010, including the sentencing of the Chairperson of the Human Rights Centre "Viasna" to four and one-half years in detention. In the Islamic Republic of Iran, a prominent lawyer was sentenced in 2011 to 11 years of imprisonment, which was later reduced to a six-year prison term, and a 10-year ban on practising as a lawyer for "propaganda against the State", "collusion and gathering with the aim of acting against national security" and "membership of the Defenders of Human Rights Centre". The accusations brought against the human rights lawyer were allegedly based on interviews she had had with media in relation to her clients, who had been imprisoned after the June 2009 presidential election in the Islamic Republic of Iran.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 40
- Paragraph text
- Since the inception of his mandate, the Special Rapporteur has received numerous allegations to the effect that, during electoral periods, political leaders and supporters, particularly from the opposition, face heightened risks. Prior to, during and after an election, those who voice or have voiced dissent are in many countries subject to, inter alia, harassment, intimidation, corruption attempts, reprisals, arbitrary arrests and imprisonment, solely on account of their political opinions or beliefs. In this respect, the Special Rapporteur is disturbed about the case of an opposition leader from Belarus who was subject, in 2011, to a harsh sentencing, after he participated in a rally protesting the outcome of the presidential elections on 19 December 2011. In the Islamic Republic of Iran, concern was expressed in relation to former presidential candidates who staged a rally in solidarity with protesters in Egypt, for which they had sought permission from the authorities, and who have been kept largely "incommunicado" in their homes since February 2011.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 88c
- Paragraph text
- [The Special Rapporteur encourages civil society to:] Continue to send information to the Special Rapporteur on a regular basis, including on any draft legislation that may jeopardize the safety and the work of defenders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 88a
- Paragraph text
- [The Special Rapporteur encourages civil society to:] Develop innovative measures to familiarize the general public with the work of defenders, including as part of the celebration of the twentieth anniversary of the Declaration on Human Rights Defenders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 87d
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions:] Include coverage of the situation of defenders in the information submitted within the framework of the universal periodic review.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 85g
- Paragraph text
- [The Special Rapporteur recommends that States:] Remove the obstacles that some domestic laws place on the legitimate activities of defenders engaged in promoting and protecting human rights, including by ensuring respect for the rights to freedom of peaceful assembly and freedom of association.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 85f
- Paragraph text
- [The Special Rapporteur recommends that States:] Respond to requests for information sent by his office, particularly in respect of cases of defenders at risk, by providing any information necessary for an optimal evaluation of situations of concern;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 85c
- Paragraph text
- [The Special Rapporteur recommends that States:] Publicly recognize and support the work of defenders through publicity campaigns and specific communication and information initiatives;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 82
- Paragraph text
- While there is no denying the current plight of defenders, the Special Rapporteur is conscious of the many initiatives carried out by committed individuals and institutions determined to improve the situation of defenders. He is convinced, now more than ever, of the need to develop synergies between the complementary roles of all stakeholders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 37
- Paragraph text
- While these figures allow some trends to be discerned, it is important to bear in mind that they do not reflect cases not covered by the mandate. Many defenders and their families are unaware that they can contact the Special Rapporteur and, given the urgency of the situations concerned, they sometimes prefer to turn to mechanisms or organizations that provide very short-term solutions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 32
- Paragraph text
- If he is given the opportunity to continue his work under a second mandate, the Special Rapporteur intends to pursue and develop some joint activities, including the establishment of a database of national legislation on freedom of expression, association, peaceful assembly and the protection of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 117b
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions:] Monitor and investigate complaints received from defenders on the violations of their rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 117a
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions:] Develop plans of action to protect defenders, establish focal points to coordinate their implementation and interact with defenders on a regular basis;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 115e
- Paragraph text
- [The Special Rapporteur recommends that civil society and human rights defenders:] Continuously adapt existing measures to protect defenders at risk, paying particular attention to the specific needs of those who are most at risk.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 115d
- Paragraph text
- [The Special Rapporteur recommends that civil society and human rights defenders:] Develop concrete ways to strengthen the knowledge, skills and abilities of defenders, in particular on how to protect their rights and to manage their security;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 115c
- Paragraph text
- [The Special Rapporteur recommends that civil society and human rights defenders:] Build and support networks among defenders and their allies at all levels, critically reviewing their impact on the protection of defenders and ensuring diversity and inclusiveness in the scope of work and membership;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 114a
- Paragraph text
- [The Special Rapporteur recommends that regional intergovernmental organizations:] Develop and disseminate strong policies and guidelines for the protection of human rights defenders, in consultation with defenders and civil society;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 113e
- Paragraph text
- [The Special Rapporteur recommends that States:] Provide training to relevant government officials, including police, military and other security officers, as well as members of the judiciary, on the legitimate role of defenders and their rights, in accordance with international human rights law.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 113c
- Paragraph text
- [The Special Rapporteur recommends that States:] Develop a mechanism to investigate complaints of threats or violations against defenders in a prompt and effective manner, and initiate appropriate disciplinary, civil and criminal proceedings against perpetrators as part of systemic measures to prevent impunity for such acts;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 68
- Paragraph text
- Defenders in prisons and under house arrest are often more vulnerable to rights violations, and visiting them can have a protective effect. In particular, the rights and security of defenders in long-term imprisonment should be monitored, and relevant State authorities should be held accountable for their protection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 50
- Paragraph text
- In some cases, however, there is insufficient information on and analysis of the risks that defenders face and the way protection operates. Research partnerships between scholars, practitioners and defenders can therefore contribute to identifying and filling critical gaps in knowledge on the security and protection of defenders, and to facilitating critical reflection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 124j
- Paragraph text
- [Member States should:] Ensure that acts of intimidation and reprisals against human rights defenders who cooperate with the United Nations, its representatives and mechanisms in the field of human rights and with international human rights bodies are firmly and unequivocally condemned;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 124c
- Paragraph text
- [Member States should:] Respond more satisfactorily to communications received from the Special Rapporteur, by providing him with any information required, thereby facilitating a better understanding of the situations addressed in such communications and putting a stop to threats or rights violations directed at human rights defenders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 124b
- Paragraph text
- [Member States should:] Combat impunity for threats and violations aimed at human rights defenders by mounting impartial enquiries and ensure that their perpetrators stand trial and that victims obtain compensation;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 122
- Paragraph text
- The Special Rapporteur welcomes the extension of his mandate and will bear in mind the preamble and recommendations of resolution 25/18, which he sees as constituting the focus of his work in the future.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 119
- Paragraph text
- The Special Rapporteur confirms his intention to devote a large part of his time and energy to carrying out his work, with a view to serving the cause in which he believes.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph