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Título | Fecha de adición | Plantilla | Organo | Condicón jurídica | Tipo de documento | Año | Código de documento | Document | Paragraph text | Thematics | Temas | Personas afectadas | Año |
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Work in progress, challenges and the way forward 2017, para. 26 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Another particularly at-risk group is defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons. Discrimination and attacks against them are increasing at an alarming rate, partly as a result of the rise of religious fundamentalism around the world. In this regard, the Special Rapporteur welcomes the appointment of an Independent Expert on sexual orientation and gender identity and hopes to be able to collaborate with him to better protect persons working to defend the rights of lesbian, gay, bisexual, transgender and intersex persons. |
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Work in progress, challenges and the way forward 2017, para. 39 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Moreover, many people who submit files are informed that their claim is being considered only by an automatic e-mail acknowledging that it has been received. These individuals are then given no further information about how their claim will be processed and may remain in a state of uncertainty for weeks. Without breaking with the principle that communications between the mandate holder and the States concerned should remain confidential, it seems essential that both qualitative and quantitative improvements should be made to the system. Aware that such a change would go well beyond his mandate, the Special Rapporteur would like to consider it together with other mandate holders and with the support of the Office of the High Commissioner for Human Rights in order to respond to the expectations and needs of thousands of people on the ground. |
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Work in progress, challenges and the way forward 2017, para. 2 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur is concerned by the lack of response to observations that have been made repeatedly since the establishment of the mandate. Even the reports of his predecessors Hina Jilani and Margaret Sekaggya made mention of certain difficulties and of the lack of strong and ambitious political action aimed at bringing a lasting end to attacks against defenders. How many human tragedies, how many imprisoned, tortured and murdered defenders must there be before the world realizes that such people are the lifeblood that our democracies need in order to flourish and survive over time? |
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Work in progress, challenges and the way forward 2017, para. 9 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The mandate of the Special Rapporteur was established in 2000 by the Human Rights Commission to support the implementation of the 1998 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders). Its main goals are to document and analyse the situation of defenders around the world, to make specific recommendations to better protect them and to enforce the provisions of the Declaration. To achieve these goals, the Special Rapporteur has a number of options at his disposal, ranging from country visits to communications on individual cases and participation in many public activities of either an academic or an institutional nature. |
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Work in progress, challenges and the way forward 2017, para. 15 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur wishes to study these new paradigms in order to better understand the drivers and enablers involved. Mapping and analysis must be carried out to understand the environment or context in which defenders work and to adopt a far-sighted, preventive approach to risk in conjunction with measures to respond to emergency situations. In addition, in line with the work initiated in this area, the Special Rapporteur wishes to devote one of his future reports to the role played by businesses in threats and attacks against defenders. Similarly, he considers it essential to continue his predecessors' reflections on the impact that counter-terrorism policies and national security have on the criminalization of defenders' work. |
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Work in progress, challenges and the way forward 2017, para. 4 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur also believes that efforts and resources must be directed at ensuring that States respect the commitments that they have made. In recent decades, many standards of human rights protection have been adopted at the international level. The Special Rapporteur has observed that these standards, for the most part, are not implemented on the ground and that, when they are, they are too often applied haphazardly. In time, if these standards remain ineffective, we risk seeing entire populations lose hope and turn away from the struggle for human rights. As a matter of urgency, these standards must therefore become a reality on the ground. |
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Work in progress, challenges and the way forward 2017, para. 7 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Like his predecessors, the Special Rapporteur has sought to develop innovative working methods in order to be more effective and to better respond to defenders' need for protection. This commitment to action is meaningful only if it is accompanied by objective assessments. That is why, in his view, it was essential to spend time reflecting on what has been implemented in order to analyse and assess the impact of all the work that he and his team have carried out over nearly three years. To that end, this report takes stock of the progress made and the challenges that lie ahead. It also identifies those areas in which, in view of the possible renewal of his mandate, the Special Rapporteur intends to become more involved so that his work remains relevant and responds as effectively as possible to defenders' expectations. This report should be seen not as an exhaustive exercise, but as a mirror held up to the action plan established in October 2014 (A/69/259). |
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Work in progress, challenges and the way forward 2017, para. 14 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Although precise figures are difficult to obtain, the number of defenders killed around the world is continuously rising. This rise is in part the result of deliberate and concerted actions by persons capitalizing on major institutional weaknesses and the lack of political will to halt attacks and threats. The profound political shake-ups taking place on every continent and the growing numbers of actors who adopt ever more sophisticated strategies and tools to undermine human rights work oblige us, as never before, to refine our analysis of the situation of defenders. |
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Work in progress, challenges and the way forward 2017, para. 81 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Today, recognizing the tragic and seemingly hopeless situations facing so many defenders is no longer the issue. Indeed, time and again, their plight has been reported, condemned and communicated by many. This dire situation does not allow us the luxury of sitting back and waiting. Let there be no doubt. It is our moral responsibility to embody the ideals of the Universal Declaration of Human Rights and it is urgent to take action. At the core of the Special Rapporteur's mandate is the duty to ensure that every effort is made so that people no longer have to die anywhere in the world for having defended human dignity and human rights. |
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Work in progress, challenges and the way forward 2017, para. 47 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | If the Special Rapporteur has the opportunity to continue his work under a second mandate, he will further such discussions and will explore additional options with the States involved, for instance, establishing a network of countries that have taken measures towards protecting human rights defenders. In that connection, he believes that it is important to facilitate opportunities for dialogue between States to foster the sharing of good practices and to improve follow-up on recommendations. He would also like to explore ideas such as the designation of focal points, in ministries and embassies, who would be tasked with monitoring the situation of human rights defenders, and the inclusion of a section on defenders in all reports submitted under the universal periodic review. |
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Work in progress, challenges and the way forward 2017, para. 57 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | According to Salvatore Saguès, programme specialist at the International Organization of la Francophonie:
During the period 2014 2017, the International Organization of la Francophonie further developed its collaboration with the Special Rapporteur through inter-mechanism meetings of defenders and other activities, which provided the Special Rapporteur with an opportunity to present his mission and working methods. We were then able to provide improved protection for defenders in the French-speaking world by helping them to better understand their rights and the risks that they face. |
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Work in progress, challenges and the way forward 2017, para. 65 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Since the beginning of his mandate, the Special Rapporteur has sought to highlight good practices relating to the protection of defenders. Many initiatives exist, but they often suffer from lack of visibility or of connections to other initiatives. The Special Rapporteur therefore devoted a report (A/HRC/31/55), based on his visits and interactions with various actors, to identifying good practices with a view to their dissemination and intensification. Providing examples of successful initiatives, in which tangible solutions are applied to the problems faced by defenders, is often the best way to convince others of the suitability and effectiveness of such initiatives. |
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Work in progress, challenges and the way forward 2017, para. 5 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur has decided that the present report should focus on the activities carried out between June 2014 and March 2017 (the period corresponding to his first mandate) to ensure that they are brought to the attention of the States and actors with which he has regularly engaged. This report is also an opportunity for the Special Rapporteur to give an account of his work to the many human rights defenders who, in complete confidence, have collaborated with him and his team over the past three years and, in some cases, exposed themselves to reprisals simply for having confided their tragic situations to him. The Special Rapporteur still recalls the words, expressions and smiles of the hundreds of defenders he met during those three years and feels responsible for the way in which the international community responds to their hopes and expectations. |
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Work in progress, challenges and the way forward 2017, para. 12 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In accordance with Human Rights Council resolution 16/5 (A/HRC/RES/16/5), in which the Council requested the Special Rapporteur to study trends, developments and challenges in relation to the exercise of human rights, the Special Rapporteur started his mandate by organizing a series of regional consultations to enable defenders to share their experiences, to help him to better understand the types of threats that they face and to identify emerging needs for protection. In 2014 and 2015, he therefore conducted seven regional consultations, which drew more than 500 participants from 110 countries. The main findings of these consultations are compiled in a report (A/70/217) submitted to the General Assembly in October 2015. These consultations provided an understanding of the overall situation of defenders and the functioning of the various protection systems established in recent decades. |
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Work in progress, challenges and the way forward 2017, para. 75 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur has sought to make himself more available to defenders who live in remote areas or who otherwise find it challenging to interact with his office. He has organized online discussions and webinars, bringing together defenders and civil society organizations from various parts of the world. Three online discussions held between August and December 2016 attracted the participation of 70 defenders, the majority of whom had never been in contact with the Special Rapporteur's office. The participants' feedback confirmed that such activities were essential for forging closer ties with the field and thus bringing some defenders out of isolation, without having to deal with budgetary or geographical constraints. Further discussions are already in preparation; they will focus on ways that the Special Rapporteur's recommendations and resolutions on human rights defenders can be conveyed to the field and put into practice there. |
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Work in progress, challenges and the way forward 2017, para. 41 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Lastly, over the course of his discussions with persons on the ground, the Special Rapporteur came to realize that his reports on communications were largely passing unnoticed and were seldom used by defenders and the various stakeholders involved in protecting them. The Special Rapporteur therefore plans to take steps to ensure that these reports, whose contents are highly instructive, are made more accessible to key stakeholders. To that end, he intends to give thought to the question of how to improve the centralization of information by country and to facilitate the use of the information contained in the reports. The Peruvian defender César Estrada stated that:
Between 2011 and 2015, my family and I lived through a very difficult period. Despite the protective measures made available by the Inter-American Commission on Human Rights, which were not applied, we were constantly targeted by threats, murder attempts and repression. It was then that I made contact with Michel Forst and my situation became known well beyond my own country. His work as Special Rapporteur is extremely important for all defenders around the world. |
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Work in progress, challenges and the way forward 2017, para. 46 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur has engaged in discussions with representatives of numerous countries during sessions of the Human Rights Council in Geneva and of the General Assembly in New York, as well as in the field when on academic assignment or upon invitation by regional defender networks. Thus, between 2014 and 2017, he met with representatives of Canada, Colombia, Costa Rica, France, Germany, Honduras, Ireland, Mexico, Mongolia, Norway, Serbia, Sweden and the United States. Even though such meetings take place outside the framework of official country visits, the Special Rapporteur believes that they are no less essential in facilitating information-sharing and in strengthening the dialogue with his office. He extends thanks to the States that made their representatives available for such meetings and encourages the Governments of countries that receive similar requests to respond positively to them. |
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Work in progress, challenges and the way forward 2017, para. 79 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur welcomes the fact that the Assistant Secretary-General for Human Rights, together with the Head of the New York Office of the Office of the United Nations High Commissioner for Human Rights, has been appointed by the Secretary-General to lead the efforts of the United Nations to put a stop to reprisals against those who cooperate with the Organization on human rights issues. He hopes that this new initiative will enhance responsiveness and result in measures that have a direct impact on specific cases, and not limit themselves simply to recording the facts. According to Mukunda Kattel, Director of the Asian Forum for Human Rights and Development (FORUM-Asia):
The mandate holder has helped to connect defenders in the field with international defender protection mechanisms. This link has proven essential for giving courage and energy to those who promote and protect human rights, sometimes in difficult or even adverse conditions. It has also put some pressure on States to respect their human rights obligations. Together, these various measures have made it possible to respond in part to the problem of reprisals and impunity. |
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Work in progress, challenges and the way forward 2017, para. 6 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | As defenders face unprecedented attacks intended to undermine the legitimacy, credibility and sincerity of their commitment, it seems essential to quickly establish links between the specific actions undertaken by the Special Rapporteur and the pledges made at the United Nations when he was appointed in 2014. As populist, nationalist and fundamentalist movements of all kinds multiply, the Special Rapporteur remains convinced that more can be done under his mandate and that his office must continue to serve as a watchdog, a warning mechanism and a crucial resource for thousands of people. |
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Work in progress, challenges and the way forward 2017, para. 24 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | According to Global Witness campaigner Ben Leather:
The mandate holder has rightly identified environmental defenders as one of the groups that are most at risk. For us, whose work is to support these defenders, the mandate holder has addressed a number of critical issues in his innovative report that has proved useful in many ways. First and foremost, the report strongly and unequivocally stresses the importance of human rights defenders in fighting for our planet and our rights in the face of powerful private interests. Secondly, the report identifies the various actors who are seeking to hinder, threaten and attack defenders and highlights the changes that must take place, particularly in relation to private businesses and investment banks. Lastly, and perhaps most importantly, this report is far more than a mere document. It contains a straightforward analysis of the risk factors and clearly indicates how the numerous attacks against defenders can be stopped. It is by drawing inspiration from the strength of conviction, innovation and tenacity of defenders that the mandate can best support and protect them. |
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Work in progress, challenges and the way forward 2017, para. 36 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | According to a regional breakdown of the statistics for communications sent between 1 December 2014 and 30 November 2016, the largest number of communications concerned the Asia-Pacific region (222 communications, or around 32 per cent of all those sent under the mandate). In addition, 131 communications (around 19 per cent of all communications) concerned the Americas and 128 communications (around 19 per cent) concerned the Middle East and North Africa. Communications concerning the regions of Europe and Central Asia and those concerning African countries accounted for 14 and 15 per cent of communications respectively (99 cases involved Europe and Central Asia and 109 involved Africa). |
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Work in progress, challenges and the way forward 2017, para. 72 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Moreover, the Special Rapporteur, recognizing his responsibility to raise awareness about the situation of defenders, was eager to rapidly develop tools that facilitate greater access to information about the various issues that his mandate seeks to address. He therefore decided to strengthen his mandate's visibility on digital media, including through a multilingual website that presents, in an accessible manner, his mandate's mission and working methods and highlights his activities as Special Rapporteur. In just a few months, over 10,000 people have visited the website, the visibility of which he now hopes to increase further so as to reach as many people as possible. |
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Work in progress, challenges and the way forward 2017, para. 44 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Because they have primary responsibility for protecting human rights defenders and for ensuring respect for human rights, States have been treated as privileged partners and the Special Rapporteur has sought to strengthen his relationships with them. During his mandate, he conducted four official visits (Burundi in 2014 and Australia, Azerbaijan and Hungary in 2016). He has repeatedly raised the difficulties encountered in setting up country visits, including the lack of responsiveness by States, as a result of which he conducted no official visits in 2015. The Special Rapporteur is already in discussion with the Government of Peru with a view to conducting an official visit during the second half of 2017. He has also sent visit requests to the authorities of Afghanistan, Israel, Nicaragua, Paraguay, Serbia and the State of Palestine, as well as to Kosovo. |
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Work in progress, challenges and the way forward 2017, para. 52 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | 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. |
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Work in progress, challenges and the way forward 2017, para. 61 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In June 2016, the Special Rapporteur began to hold meetings with companies and business federations, including with extractive industries during his most recent trips, as announced at the outset of his mandate. He is pleased to note that many businesses are increasingly aware of the impact of their activities on human rights. Businesses, especially those working in the extractive and wood industries or with hydroelectric megaprojects, are often mentioned in cases of violence perpetrated against defenders. It therefore seems crucial to engage them in a frank and constructive dialogue with a view to helping them establish mechanisms to prevent the development of tragic situations in the field. Various options are being explored to improve defenders' participation in development projects and in the setting up of mechanisms for redress and remedies in case of violations. The Special Rapporteur plans to continue working on this topic; his next report on businesses will include practical recommendations to businesses and other stakeholders, such as States and national and international development institutions. |
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Work in progress, challenges and the way forward 2017, para. 68 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | It is not only the general public who is unfamiliar with the Declaration on Human Rights Defenders. During the Special Rapporteur's numerous discussions with defenders, many admitted that they themselves were unaware of or not sufficiently familiar with the Declaration. Too often, the Declaration is seen as abstract or is not understood by the people it was designed to protect. However, the Declaration is meaningful only if it is applied on a daily basis. The Special Rapporteur has therefore developed tools to clarify the contents of the Declaration and make it more accessible, using infographics and posters available online and in hard copy. The Declaration will soon be translated into several new languages and dialects, making it accessible to even more people. |
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Work in progress, challenges and the way forward 2017, para. 77 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The decline in cases of reprisals is deceptive. It does not account for many of the tragedies experienced by defenders on the ground or for the perverse effect of such acts on the whole of civil society in its struggle to protect human rights. The Special Rapporteur has observed that reprisals take the form of threats, surveillance, prohibition from leaving a country, arrests on spurious grounds and physical attacks against defenders and their families. They may be intended mainly to affect individuals and their families, but they also hamper any form of long-term cooperation, thus isolating a country's civil society from the rest of the international community. |
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Work in progress, challenges and the way forward 2017, para. 58 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur appreciates the valuable cooperation of the European Union, with which he has carried out numerous activities. He met several times with the Working Party on Human Rights of the Council of the European Union and with the European Parliament. He also met with the delegations of the European Union during his visits to the field; it was during those meetings that he discussed the implementation of the European Union guidelines on human rights defenders. He thanks those delegations, which have provided assistance in a number of situations by facilitating interaction with civil society and with the most isolated defenders. |
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Work in progress, challenges and the way forward 2017, para. 67 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur remains deeply concerned at the lack of visibility and of recognition of defenders' work. He notes that there is often a disconnect between public opinion and the active community of human rights defenders. The lack of understanding around the role of defenders is a formidable means used by some States to pit entire sectors of the population against one another and to undermine the situation of people who are working to protect human rights and freedoms. If people do not understand the role of human rights defenders, it is largely because we have not been successful in explaining it to them and because too often we remain bound by institutional or legal jargon. This helps to perpetuate the misconception that the struggle for human rights is the privilege of an erudite minority oblivious to everyday reality. The Special Rapporteur would like to do some case studies and focus more on individual testimonies in his messages to emphasize that ordinary heroes are first and foremost mere individuals motivated by their hope for a better world. It is also crucial to take advantage of the twentieth anniversary of the Declaration on Human Rights Defenders, in 2018, to bring together all the various stakeholders and to launch ambitious initiatives aimed not only at familiarizing more people with the Declaration, but also to demonstrate the essential role of defenders in safeguarding democracy and basic rights. The Special Rapporteur intends to make films, web documentaries or short videos to present, in a fun and accessible manner, the Declaration and major resolutions on the protection of defenders. He also plans to develop partnerships and thus work more closely with schools, universities and vocational training institutions in order to meet young people and show them the relevance of the struggle for human rights. |
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Work in progress, challenges and the way forward 2017, para. 18 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The consultations conducted over the past three years have also led to greater understanding of the way in which defenders view and assess the work of protection mechanisms, whether these take the form of the guidelines drawn up by national Governments and regional organizations, including the European Union and the Organization for Security and Cooperation in Europe, or the legislation and national protection mechanisms developed in countries such as Brazil, Colombia, Côte d'Ivoire and Mexico. The role and position of the Special Rapporteur, as both a universal mechanism and an independent expert, have allowed him to take a comprehensive look at these issues and to shed light on the statements, which are sometimes critical, made by defenders about those in charge of such mechanisms. |
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