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Titre | Date ajouter | Modèle | Organe | Status juridique | Type de document | Année | Code du document | Document | Paragraph text | Thematics | Thèmes | Personnes concernées | Année |
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Work in progress, challenges and the way forward 2017, para. 16 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur has also initiated a series of regional consultations on the impunity enjoyed by those who attack defenders. All too often, the perpetrators of such attacks are not convicted. The distress of victims and families who seek justice and reparation meets with indifference and even hostility on the part of law enforcement and judicial officers. It is therefore important to have a sharper understanding of the situation and to better identify the factors behind impunity so that specific recommendations can be made to States and other actors involved. |
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Work in progress, challenges and the way forward 2017, para. 24 | 19 août 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. 4 | 19 août 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. 83 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | When the Special Rapporteur took up his functions in 2014, he knew that the expectations regarding his mandate were at least as great as the threats to the individuals who defend human rights and freedoms. He sought to open new doors and to push the limits of the mandate. Having benefited from a vast number of meetings and activities conducted over the past three years, he would like to continue and intensify these initiatives and give them time to bear fruit. The activities covered in this report therefore represent a work in progress. The Special Rapporteur is particularly keen to strengthen initiatives to improve the implementation of recommendations and resolutions on the protection of defenders. To that end, he would like to develop tools to measure their implementation and to focus on strengthening the capacities of national actors to act on recommendations and resolutions and make them a reality on the ground. |
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Work in progress, challenges and the way forward 2017, para. 88d | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | [The Special Rapporteur encourages civil society to:] Help to develop national and regional defender networks and to strengthen existing networks. |
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Work in progress, challenges and the way forward 2017, para. 10 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In carrying out the initiatives announced at the outset of his mandate, the Special Rapporteur received valuable support from a small team within the Office of the United Nations High Commissioner for Human Rights in Geneva. That team helped him, on a daily basis, to reply to numerous invitations to events and requests to assist defenders at risk. They also assisted in analysing the legal and administrative frameworks that hinder and sometimes even criminalize the work of human rights defenders and helped to arrange many meetings with States and defenders who travelled to Geneva during the sessions of the Human Rights Council. |
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Work in progress, challenges and the way forward 2017, para. 5 | 19 août 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. 21 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Since the start of his mandate, the Special Rapporteur has sought to acquire an in-depth understanding of the specific challenges faced by certain groups of defenders. Far from seeking to create categories of persons whose rights would be differentiated, he believed it was essential to analyse the causes and manifestations of the risks faced by some groups of defenders. This approach is essential to the task of proposing appropriate protection methods and providing better support to defenders working to promote fundamental rights. |
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Work in progress, challenges and the way forward 2017, para. 61 | 19 août 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. 41 | 19 août 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. 47 | 19 août 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. 44 | 19 août 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. 46 | 19 août 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. 56 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | According to José de Jesús Orozco, Rapporteur on human rights defenders of the Inter-American Commission on Human Rights:
The mandate of the Inter-American Commission on Human Rights regarding the situation of defenders highlights the crucial need for cooperation with the United Nations mandate holder on the issue of defenders. In addition to strengthening the roles of the two systems, such cooperation has underlined the need to redouble our efforts to promote and protect human rights in the Americas and to address, specifically, the plight of the defenders in the region. The result has been numerous joint initiatives, including public statements, meetings, thematic reports, activities in the field, regular information-sharing and the participation of the Special Rapporteur, Michel Forst, as an expert before the Inter-American Court of Human Rights. |
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Work in progress, challenges and the way forward 2017, para. 62 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur also intends to engage directly with businesses in cases where defenders are at risk or come under attack because of actions taken that relate to those businesses' corporate responsibility. It is essential to inform businesses, particularly parent companies, when such cases are referred to the Special Rapporteur, and to give them the opportunity to provide information on the steps that they themselves, as well as their affiliates and local contractors, have taken to remedy the situation. This is consistent with the search for systemic and long-term solutions for reducing risks for defenders. |
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Work in progress, challenges and the way forward 2017, para. 50 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur has also sought to enhance cooperation with the United Nations. He attended meetings and events organized by regional and country offices during his trips and was pleased to find partners in the field who appreciated his concerns and were willing to develop joint initiatives. The Special Rapporteur welcomes projects such as the Commentary to the Declaration on Human Rights Defenders, which was compiled by regional and country offices of the Office of the United Nations High Commissioner for Human Rights in Central and South America and to which he contributed. |
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Work in progress, challenges and the way forward 2017, para. 58 | 19 août 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. 66 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Through his discussions with relevant stakeholders, the Special Rapporteur has been made aware of countless initiatives that offer practical solutions to defenders' problems, ranging from relocation programmes and national protection mechanisms to the establishment of national and regional networks. If given the opportunity to continue his work under a second mandate, the Special Rapporteur intends to further strengthen some of these initiatives, such as the cities of refuge network and regional and subregional defender networks. A number of these networks require additional support; the Special Rapporteur intends to provide capacity-building assistance to some of these networks, which have become essential in ending the isolation that defenders sometimes experience in the field and to take action when people are at risk. |
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| 2017 | ||||
Work in progress, challenges and the way forward 2017, para. 57 | 19 août 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. 68 | 19 août 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. 85b | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | [The Special Rapporteur recommends that States:] Implement resolutions on the protection of defenders and monitor their continued implementation; |
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Work in progress, challenges and the way forward 2017, para. 85a | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | [The Special Rapporteur recommends that States:] Implement the Declaration on Human Rights Defenders; |
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Work in progress, challenges and the way forward 2017, para. 20 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur plans to strengthen support for national mechanisms for the protection of defenders by holding consultations with them to determine trends and developments, enhance the sharing of good practices between such mechanisms and identify areas for improvement. Aware of the difficulties that currently hinder the implementation of these mechanisms, he wishes to use his technical expertise to help make these arrangements fully operational and effective. |
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Work in progress, challenges and the way forward 2017, para. 64 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur also considers it important to increase contact with less visible actors such as donors, banks and development agencies, as well as trade unions, whose role in protecting defenders is sometimes critical. With that in mind, he held an initial meeting with the World Bank in Washington, D.C. and a few regional development and investment banks on the issue of retaliation against whistle-blowers. That meeting should be followed by further consultations and collaboration in 2017. |
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Work in progress, challenges and the way forward 2017, para. 63 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In an effort to revitalize his mandate's working methods, the Special Rapporteur has sought to develop cooperation with regional courts, for instance, by serving as an expert before the Inter-American Court of Human Rights. He intends to continue such efforts through amicus curiae and third-party interventions and by serving as an expert on individual cases before other regional courts such as the European Court of Human Rights and the African Court on Human and Peoples' Rights. |
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Work in progress, challenges and the way forward 2017, para. 43 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | In keeping with the actions undertaken by his predecessors, the Special Rapporteur has sought to develop closer ties with individuals and institutions engaged in protecting human rights defenders. As was announced in his road map, the Special Rapporteur has carried out a number of activities with States, the United Nations, regional mechanisms for the protection of human rights defenders, national human rights institutions, non-governmental organizations (NGOs) and regional courts. |
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Work in progress, challenges and the way forward 2017, para. 76 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | The issue of reprisals has remained a matter of concern throughout the Special Rapporteur's mandate. Between 1 December 2014 and 31 July 2016, the Special Rapporteur sent 55 communications relating to reprisals against groups of defenders or individuals who had worked with the United Nations or other international organizations for the protection of human rights (32 communications were sent in 2014; 11 were sent in 2015; and 12 were sent in the first half of 2016). |
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Work in progress, challenges and the way forward 2017, para. 3 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | We must be bolder and more creative in order to face up to threats that weigh heavily on civil society as a whole and on every individual fighting for fundamental rights and freedoms. The Special Rapporteur has also noted that intolerance thrives in part because people know little about their rights or the role of those who protect them. In that regard, it is more vital than ever to make the language of human rights accessible to all in order to ensure that civil society continues to enforce accountability. |
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Work in progress, challenges and the way forward 2017, para. 53 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | With regard to peacekeeping missions, the Special Rapporteur also met several times with representatives of the Department of Peacekeeping Operations, in New York, with whom he discussed the possibility of conducting joint initiatives with missions. This is one of the issues he would like to take action on, as a matter of priority, during his second mandate, for instance, by engaging with the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo. |
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Work in progress, challenges and the way forward 2017, para. 84 | 19 août 2019 | Paragraph | Special Rapporteur on the situation of human rights defenders | Non-negotiated soft law | Special Procedures' report | Rather than constituting a static programme of action, the proposals contained in this report should be understood as key areas of focus. The Special Rapporteur wishes to retain some flexibility in responding to requests that might arise during his second mandate. It is important to pay particular attention to new trends and alerts from civil society and the various actors involved in protecting defenders. |
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