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Use of legislation to regulate activities of human rights defenders 2012, para. 28
- Paragraph text
- In this context, the Special Rapporteur wishes to emphasize that the Human Rights Committee, in paragraph 7 of its general comment No. 29, on states of emergency, found the right to a fair trial to be a non-derogable right to the extent that guarantees of a fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights. The principles of legality and the rule of law, which, according to the Human Rights Committee in paragraph 6 of its general comment No. 32, on article 14 of the International Covenant on Civil and Political Rights, are non-derogable under the Covenant, require procedural safeguards to be respected for persons tried under legislation relating to national security. The Special Rapporteur therefore urges States to abide by those principles and also to ensure that the principles elaborated by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/63/223, paras. 31-42) are respected when trying human rights defenders or their clients under legislation relating to national security.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 77
- Paragraph text
- With regard to arrests, detentions and criminalization, the majority of these communications were sent to the Russian Federation (10 communications), Belarus (eight communications), and Uzbekistan (eight communications). In this regard, eleven communications were sent to the Russian Federation, 11 to Uzbekistan, and 10 to Belarus. In this context, those most at risk of arrest appear to include women defenders working on human rights issues related to the conflict in the North Caucasus; pro-democracy advocates, particularly in Belarus; women's rights defenders in Belarus and Uzbekistan, those denouncing violations to the European Court of Human Rights, particularly in the Russian Federation, and women journalists in all three countries. In other European countries, smaller numbers of communications concerning allegations of arrests, and detentions were sent to, inter alia, Turkey, the Kyrgyz Republic, Turkmenistan and Spain. Communications regarding other forms of criminalization and judicial harassment were sent to Azerbaijan, France, Greece, Kyrgyzstan, Republic of Moldova, and Turkey.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 54
- Paragraph text
- Cooperation with regional mechanisms for the protection of human rights defenders was enhanced by increasing the frequency and quality of interaction with the mechanisms, including by holding inter-mechanism meetings. Between June 2014 and November 2016, four inter-mechanism meetings were held between Paris, Geneva, Strasbourg and Brussels. In this regard, the Special Rapporteur is pleased with the many initiatives carried out jointly with the Council of Europe Commissioner for Human Rights and with the Rapporteur on human rights defenders of the Inter-American Commission on Human Rights, including joint public communications and events held in the field. In addition, he attended meetings held by the International Organization of la Francophonie, the Organization for Security and Cooperation in Europe and the European External Action Service. If the Special Rapporteur's mandate is renewed, he will seek to strengthen collaboration with the Special Rapporteur on the situation of human rights defenders of the African Commission on Human and Peoples' Rights and to develop initiatives during the sessions of the African Commission, which he plans to attend in 2017.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 53
- Paragraph text
- In addition to consultations with human rights defenders, the Special Rapporteur will, with a view to making a more detailed analysis, continue to schedule meetings with State representatives when they are in Geneva or in other countries to participate in discussions, round tables or lectures. The aim of such meetings is, first, to hear their comments and points of view on how trends are developing, the effectiveness of protection mechanisms and the impact of national laws on the protection of human rights defenders. Such meetings will also make it possible to discuss with State representatives, as indicated by Council resolution 25/18, the fact that in some instances, national security and counter-terrorism legislation and other measures, such as laws regulating civil society organizations, have been misused to target human rights defenders or have hindered their work and endangered their safety in a manner contrary to international law. There will also be room to discuss the use of legislation to hinder or limit unduly the ability of human rights defenders to conduct their work. This is one of the themes on which the Special Rapporteur will be working in the near future.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 64
- Paragraph text
- Finally, women defenders complained about women being depicted first as victims, and not as fully fledged actors bringing about change. The role of women defenders is still little known or recognized. They come up against numerous hurdles in their own family, their community and the organizations they work in. Women defenders described national contexts in which they were still perceived as second class players, whose expertise applied only to certain areas and whose contribution to the observance and promotion of human rights remained for the most part invisible. They complained that they were not fully brought into consultation processes, particularly as regards development projects. It should also be pointed out that, in their separate sessions with the Special Rapporteur, women defenders described the situation within non-governmental organizations, where stereotypes favouring men persist. They reported difficulties in being recognized by their male colleagues, in management or decision-making positions. Several women personally invited by the Special Rapporteur to take part in the regional consultations had found themselves replaced by a male colleague.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 93
- Paragraph text
- Another group that also faces a high risk of violations are defenders working on land and environmental issues in connection with extractive industries and construction and development projects. Violations in this regard generally occur in the context of land disputes, where the perpetrators are both State and non-State actors. As a response to these trends, the Special Rapporteur argues that a rights-based approach to large-scale development projects could contribute to creating and consolidating a safe and enabling environment for defenders who operate in this context. She has also stressed the need: for transparency and access to information; for protection, which should be provided to affected communities and those defending their rights in this context; and to ensure accountability of duty-bearers and access to appropriate remedy. The Special Rapporteur considers that the Guiding Principles on Business and Human Rights, based on the due diligence framework, are an essential reference and tool for States and other stakeholders involved in the context of business operations and the respect for basic rights and freedoms.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
- 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
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 68
- Paragraph text
- The sources of threats, death threats, killings, attempted killings and physical attacks are generally unknown or unidentified, although it has been reported that they are individuals or groups who are in some way affected or linked to those affected by the work carried out by the defenders they target. In this regard, paramilitary and other armed groups, particularly in the Colombian context, are often the source of killings and death threats, which may target large swathes of civil society, often accompanied by the stigmatization of the work defenders do and declaring them to be "military targets". In a few instances in the Americas, law enforcement or military officials were also identified as the perpetrators of killings, threats and death threats. In such cases, the women defenders in question were generally working on issues related to impunity for alleged violations carried out by State agents. Similarly, in Europe, the perpetrators of killings remain unknown; those responsible for threats and attacks were occasionally alleged to be State agents and, in some instances, far-right political extremists and religious groups.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2011
- 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. 87a
- Paragraph text
- [The Special Rapporteur recommends that national human rights institutions:] Designate focal points within the institutions to monitor the situation of defenders in their country and hold regular meetings with those focal points;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 86c
- Paragraph text
- [The Special Rapporteur encourages the United Nations to:] Develop a database to monitor the implementation of resolutions and laws that have an impact on the situation of defenders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 86b
- Paragraph text
- [The Special Rapporteur encourages the United Nations to:] Continue to document and alert the international community to the numerous reprisals against defenders who cooperate with the United Nations;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 86a
- Paragraph text
- [The Special Rapporteur encourages the United Nations to:] Further promote the Declaration on Human Rights Defenders by ensuring that it is accessible to the greatest number of people;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 85e
- Paragraph text
- [The Special Rapporteur recommends that States:] Invite him to conduct official country visits, without limiting the duration or scope of such visits, inter alia, for the purpose of meeting with defenders who live in remote areas and cannot travel;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 85d
- Paragraph text
- [The Special Rapporteur recommends that States:] Develop holistic measures for protecting defenders based on the seven principles set out in his report to the Human Rights Council in March 2016 (A/HRC/31/55);
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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. 78
- Paragraph text
- The Special Rapporteur was shocked by the way in which many individuals whom he met in Geneva or during his trips abroad had suffered attacks, including sometimes at the United Nations itself. It is absolutely crucial that all stakeholders take action against such attacks, which threaten the very functioning of the United Nations, itself founded on dialogue and international cooperation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 74
- Paragraph text
- The Rapporteur wishes to continue these efforts and to develop attractive, easy-access tools to explain some of the recommendations contained in his reports and to showcase the progress achieved and success stories in the protection of human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 71
- Paragraph text
- It is important to seek support from intermediaries other than the United Nations. In that connection, the Rapporteur intends to establish closer ties with embassies, national human rights institutions, philanthropic organizations, universities and international networks, including networks of lawyers and trade unions, and thus leverage the dissemination of information and reach new audiences.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 60
- Paragraph text
- Recognizing that academia is a place where knowledge thrives and that it presents a unique opportunity for meeting students, the Special Rapporteur has sought to strengthen cooperation with academic institutions. Having spoken before a large number of university audiences, which proved extremely useful, he then proposed that academic institutions in Paris, Berlin, York (United Kingdom) and Sydney (Australia) should join forces with his mandate to provide practical assistance in developing necessary concepts and tools. According to Martin Jones, the Centre for Applied Human Rights at the University of York: The Centre for Applied Human Rights at the University of York attaches great importance to its work with the Special Rapporteur and welcomes in particular his collaborative approach, which combines research and the practical experiences of defenders at risk. A recent example of our collaboration is the support we provided with a global survey on good protection practices, the results of which informed the report submitted by the Special Rapporteur to the Human Rights Council. The report is innovative in that it presents a number of solutions to the problems faced by defenders and also a very useful set of criteria for evaluating protection practices (or, more accurately, a set of principles that should guide our activities).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 49
- Paragraph text
- Lastly, as part of efforts to better protect defenders who promote corporate responsibility, the Special Rapporteur would like to offer his assistance to countries that seek to include a section on defenders in their national action plans.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 48
- Paragraph text
- In addition, the Special Rapporteur intends to offer his technical expertise to States in training police officers on issues facing defenders and on the need to provide better support to those persons when they wish to file complaints and receive police protection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 35
- Paragraph text
- These 693 communications concerned the cases of 1,293 persons, including 278 women human rights defenders. Women were the subject of roughly 22 per cent of communications in 2014 and 21 per cent of communications in 2015. The figure for 2016 has not yet been established.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 34
- Paragraph text
- Between 1 December 2014 and 30 November 2016, the Special Rapporteur and his team sent 693 communications (231 in 2014, 208 in 2015 and 254 in 2016) to States. These included 368 urgent appeals and 319 letters of allegations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- 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. 33
- Paragraph text
- In addition, and against the backdrop of the implementation of Human Rights Council resolution 31/32 on defenders of economic, social and cultural rights (A/HRC/RES/31/32), adopted in March 2016, the Special Rapporteur intends to approach special procedures mandate holders in order to propose joint initiatives to provide defenders with better protection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph