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Security and protection of human rights defenders 2010, para. 79
- Paragraph text
- In Brazil, the National Programme for the Protection of Human Rights Defenders, developed by the National Special Secretariat for Human Rights (which has a ministerial status), was officially launched on 26 October 2004. The Brazilian states are in charge of its execution, under the coordination of a national steering committee at the federal level. Protection measures include police protection and a database to register defenders at risk.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 9
- Paragraph text
- A number of human rights violations against human rights defenders are committed by private corporations, a category that should be understood as consisting of companies, whether national or transnational, not owned or operated by Governments. Private corporations have allegedly been impeding the activities of defenders working, inter alia, on labour rights, the exploitation of natural resources, the rights of indigenous peoples and minorities.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Environment
- Personnes concernées
- Activists
- Ethnic minorities
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 88
- Paragraph text
- The South Caucasus Network of Human Rights Defenders, which unites 30 human rights NGOs in Armenia, Azerbaijan and Georgia, was set up in July 2009. The network seeks to facilitate the creation of a safer and enabling environment for human rights defenders in the South Caucasus, and strengthen their voices in the region and internationally. The Special Rapporteur welcomes the creation of the network and looks forward to engaging with it constructively.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 25
- Paragraph text
- Between 11 December 2008 and 10 December 2009, the Special Rapporteur sent 266 communications to States in relation to the situation of human rights defenders. The information received from various sources and the activities carried out during this year have confirmed the continuous insecurity faced by human rights defenders. The worrying trends identified below call for urgent and effective solutions by not only States, but also defenders themselves.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 47
- Paragraph text
- The right to an effective remedy also implies an effective access to justice, which should be understood as not only judicial but also administrative or quasi-judicial mechanisms. Investigation and prosecution should rest on an effective and independent judiciary. Unfortunately, in many instances, weaknesses in the judicial system and flaws in the legal framework have deprived defenders of adequate tools for seeking and obtaining justice.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 92
- Paragraph text
- The mandate of the Special Rapporteur on human rights defenders in Africa, set forth by the African Commission on Human and Peoples' Rights, includes seeking, receiving, examining and acting upon information on the situation of human rights defenders in Africa. The Special Rapporteur also submits reports to the African Commission at every ordinary session and develops and recommends effective strategies to better protect human rights defenders.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 68
- Paragraph text
- Furthermore, many excellent protection tools, such as the Front Line Protection Handbook for Human Rights Defenders, have been developed by NGOs and NGO coalitions. Many NGOs have also developed security training. The Special Rapporteur calls upon human rights defenders to liaise with these NGOs and attend and organize training sessions. She also encourages wider dissemination of these tools among the community of human rights defenders.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 6
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- Activists
- Women
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 22
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 40
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 50
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 45
- Paragraph text
- The Special Rapporteur has noted that the federal structure of certain States has sometimes impeded the prosecution of human rights violations, in particular those committed against human rights defenders. Regardless of the structure of a State, federal authorities retain the primary responsibility to protect human rights defenders and guarantee that their rights are protected. Federal Governments should therefore take all necessary measures to ensure that the transfer to States of the jurisdiction to prosecute and try human rights violations committed against defenders is effective.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 60
- Paragraph text
- Certain events attracting international attention such as Olympic Games and major championships are often a period when defenders are under great pressure. Forced evictions carried out so that new infrastructure can be built ahead of these events are sometimes, for example, an occasion to silence defenders' dissent. Certain sports events attracting wide media attention are also used by defenders to highlight the situation of human rights in a given country. During the run-up to and throughout such events, human rights defenders are at increased risk of intimidation, harassment and arbitrary detention.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 42
- Paragraph text
- One way to ensure the safety of defenders is to put an end to impunity for non-State entities. The Special Rapporteur would like to reiterate that States bear the primary responsibility for protecting individuals, including defenders, under their jurisdiction, regardless of the status of the alleged perpetrators. In cases involving non-State actors - including private companies and illegal armed groups - it is paramount that prompt and full investigations be conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of article 12 of the Declaration on Human Rights Defenders. Addressing the issue of impunity is a key step to ensuring a safe environment for defenders.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 99
- Paragraph text
- The Commission has also created a specific unit within the Office of the Executive Secretary to coordinate its activities in this field. The Human Rights Defenders Unit liaises with human rights organizations and members of civil society, as well as State bodies responsible for human rights policies in each member State. The unit can also encourage the Commission to adopt any precautionary measures or measures of any other kind that the Commission deems appropriate, in order to protect threatened human rights workers in the region.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 103
- Paragraph text
- The Special Rapporteur believes that contact with civil society should be improved and systematized in order to ensure follow-up of their situations and develop early warning systems. Staff of European Union missions should be provided with training on the Declaration on Human Rights Defenders and specific challenges faced by certain groups of defenders in their country of assignment ahead of deployment. Coordinated efforts at the central level should be envisaged to foster the dissemination of the guidelines to defenders. The Special Rapporteur also calls upon the European Union to provide technical assistance to countries in the design and implementation of protective measures for human rights defenders.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 108
- Paragraph text
- National human rights institutions, especially those mandated to receive complaints and follow individual cases, can be powerful allies of human rights defenders and contribute significantly to their security and protection. National human rights mechanisms that prioritize the protection of human rights defenders in their agenda and establish a focal point in this respect have an important role to play in creating an enabling environment for human rights defenders and facilitating their activities without any undue interference from outside.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 21
- Paragraph text
- 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".
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 53
- Paragraph text
- Defenders often face threats, attacks, arrests and false charges before, during or just after publicizing violations of human rights allegedly committed or condoned by State authorities. They may similarly be subjected to violence by non-State actors whenever information is published on alleged violations by private actors. Attacks on defenders at the time of the publication of reports, articles, petitions and open letters or the launch of radio broadcasts and campaigns denouncing human rights violations are increasingly frequent.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 62
- Paragraph text
- The obligations of the State are outlined in articles 2, 9, 12, 14 and 15 of the Declaration on Human Rights Defenders. In particular, pursuant to article 12 of the Declaration, States have the obligation to protect defenders. Article 12 of the Declaration provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 55
- Paragraph text
- Members of human rights NGOs and journalists are often targeted during the investigation of human rights abuses. They are subject to threats, attacks and intimidation, and some of them have even been abducted and killed.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 114c
- Paragraph text
- [Furthermore, the Special Rapporteur:] Encourages national human rights institutions to: Investigate complaints made by human rights defenders
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 26
- Paragraph text
- Since the beginning of her mandate, the Special Rapporteur has identified specific situations impeding the work of human rights defenders and leading to a highly insecure environment.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 114a
- Paragraph text
- [Furthermore, the Special Rapporteur:] Urges States to: Decriminalize defamation and libel.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 89
- Paragraph text
- The Asian Forum for Human Rights and Development (Forum-Asia) is a membership-based human rights organization, uniting 46 member organizations across Asia. Forum-Asia seeks to facilitate capacity-building and networking among human rights defenders, civil society actors and organizations in Asia. In November 2009, Forum-Asia launched the Protection Plan for Human Rights Defenders at Risk to strengthen protection and assistance for the defenders in Asia.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 78
- Paragraph text
- Although these are commendable initiatives, the Special Rapporteur regrets that the replies received from the Government of Guatemala to the questionnaire do not clarify the status and effective functioning of these various mechanisms and strategies. Given the high number of communications received in relation to the security of Guatemalan defenders, she urges the State to adopt the pending Government agreement and provide the various agencies mentioned with appropriate resources.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 66
- Paragraph text
- [The Special Rapporteur would like to make the following recommendations.] [To States] Ensure prompt and independent investigation of all violations of the rights of defenders, the prosecution of alleged perpetrators regardless of their status, and provide victims of violations with access to justice and just and effective remedies, including appropriate compensation.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Security and protection of human rights defenders 2010, para. 113e
- Paragraph text
- [The Special Rapporteur would like to recommend to States the following minimum guidelines regarding protection programmes for human rights defenders:] Specific trainings on human rights, gender issues and on the Declaration on Human Rights Defenders should be a prerequisite for the selection of police and other law enforcement officials that would be involved in the programme;
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 12
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Economic Rights
- Personnes concernées
- Activists
- Année
- 2010
Paragraphe
Violations committed against defenders by non-State actors 2010, para. 24
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe