declaration on human rights defenders

The two human rights covenants entered into force in 1976. 70: States have an obligation to protect the rights of assembly monitors. Guiding Principle No 6: Every person shall enjoy the right to observe, monitor and record assemblies. An alliance of human rights defenders was to a large extent initiated already during the negotiation process. 0000031538 00000 n Para. 0000009426 00000 n 0000032553 00000 n OHCHR published its new report on how States can effectively implement the right to participate and overcome existing challenges. Subscribe to our newsletter and never miss our latest news and publications. The resolution, in which the General Assembly adopted the Declaration, had more than 55 co-sponsors from all regions, although only a few Asian countries co-sponsored the resolution. 0000210729 00000 n CH-1211 Geneva 20 CIC 0000008263 00000 n Include effective mechanisms for access to comprehensive reparations; (g) Establish investigation policies that include the principles, guidelines and good practices described in this report. 87-105). 0000135239 00000 n This includes respecting and facilitating the right to observe and monitor all aspects of an assembly, (). This includes the right by the media to have access to information on public affairs, and of the general public to receive media output. 0000125070 00000 n 0000069566 00000 n 0000008845 00000 n In 1992, the Working Group presented a preliminary draft in the Human Rights Commission, with a view to submitting a finalised text to the General Assembly at the 1993/94 session. Many have asked why more efforts were not made to get an internationally accepted definition of a Human Rights Defender. The states that advocated that restrictions of rights as well as duties should be part of the Declaration, referred to the fact that the title of the Declaration contains the word Responsibility. 37: States parties are called on to encourage the media, advertising and information and communications technologies to eliminate discrimination against women, in their activity, including the harmful and stereotypical portrayal of women or specific groups of women, such as women human rights defenders, from their activities. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. 0000154590 00000 n Unfortunately, cooperating with international mechanisms has also become a reason for many to fear intimidation and reprisals against them, their relatives, and their organisations. 9-3: () everyone has the right, individually and in association with others, (): (c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms., OP 1: Calls upon all States to guarantee the independence of judges and lawyers and the objectivity and impartiality of prosecutors, and their ability to perform their functions accordingly, including by taking effective legislative, law enforcement and other appropriate measures that will enable them to carry out their professional functions without interference, harassment, threats or intimidation of any kind;, OP 7: Emphasizes that lawyers should be enabled to discharge their functions freely, independently and without any fear of reprisal;. Immediately after the adoption by the General Assembly in December 1998, Egypt made a statement on behalf of 26 countries, which, with the exception of Cuba, were all from Asia and Africa. In this sense, States must not adopt regulations targeting NGOs, particularly those working on human rights. Report on the 51st session of the Human Rights Council, Between Principles and Pragmatism: How African states vote at the UN Human Rights Council, Placing human rights at the core of climate action: towards a human rights-based approach to loss and damage, The 1968 United Nations Debate on Human Rights and Tech, Report on the 50th session of the Human Rights Council, Report on the Urgent Debate on the human rights of women and girls in Afghanistan, The French Development Agency organised an international conference to consider new ideas and approaches to linking human rights and development. 84: The Special rapporteur calls upon States: () (c) To ensure that no one is criminalized for exercising the rights to freedom of peaceful assembly and of association, nor is subject to threats or use of violence, harassment, persecution, intimidation or reprisals;, Report to General Assembly A/69/365 (2014), Para. The Special Rapporteur warns against frequent, onerous and bureaucratic reporting requirements, which can eventually unduly obstruct the legitimate work carried out by associations. 68: All persons enjoy the right to observe, and by extension monitor, assemblies () The concept of monitoring encapsulates not only the act of observing an assembly, but also the active collection, verification and immediate use of information to address human rights problems. 0000123927 00000 n 2: 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.. OP 10:Calls upon all States () to ensure that: (d) Where legislation and procedures governing the registration and funding of civil society organizations exist, they are transparent, non-discriminatory, expeditious, inexpensive, allow for the possibility to appeal and avoid requiring re-registration, with national legislation being in compliance with international human rights law;, OP 8: Calls upon States to respect, protect and ensure the right to freedom of association of human rights defenders and, in this regard, to ensure, where procedures governing the registration of civil society organizations exist, that these are transparent, accessible, non-discriminatory, expeditious and inexpensive, allow for the possibility to appeal and avoid requiring re-registration, in accordance with national legislation, and are in conformity with international human rights law;, OP 9: Calls upon States to ensure that reporting requirements placed on individuals, groups and organs of society do not inhibit functional autonomy, and that restrictions are not discriminatorily imposed on potential sources of funding aimed at supporting the work of human rights defenders other than those ordinarily laid down for any other activity unrelated to human rights within the country to ensure transparency and accountability, and that no law should criminalize or delegitimize activities in defence of human rights on account of the geographic origin of funding thereto;, OP 10: Calls upon States to ensure that domestic provisions on funding to civil society actors are in compliance with their international human rights obligations and commitments and are not misused to hinder the work or endanger the safety of civil society actors, and underlines the importance of the ability to solicit, receive and utilize resources for their work;, Korneenko et al. in its resolution 72/247of 24 december 2017 , the un general assembly decided to devote a high-level plenary meeting of the general assembly at its seventy-third session, in 2018, within existing. Twenty years after its adoption, it is fair to say that the Declaration has had considerable impact. Copyright 2016, International Service for Human Rights The Declaration on Human Rights Defenders, adopted by the General Assembly in its resolution 53/144, is based on and incorporates human rights enshrined in legally-binding international instruments. These efforts nevertheless failed due to the resistance of many states and NGOs, including Amnesty International, who considered a declaration with such restrictions to be meaningless. 0000029977 00000 n Blue. 0000011013 00000 n 0000493436 00000 n Read more about the 16 international standards. There should be a particular emphasis on identifying the intellectual authors; (h) Establish specialized bodies composed of independent, qualified professionals with training in and awareness of the defence of human rights, which use a differentiated approach and possess sufficient (material and human) resources for their operation; (i) Establish ad hoc investigative mechanisms that include international actors when there are indications of the involvement of State agents or there is reasonable doubt regarding the independence of bodies, for emblematic cases or cases of systematic violence against human rights defenders; (j) Enact the legal reforms required to ensure that victims, family members and representative organizations can participate at all stages of the investigation process; (k) Establish or strengthen mechanisms for the protection of witnesses and justice system personnel, taking into account the differentiated approach; (l) Record human rights violations committed against human rights defenders in a disaggregated manner, taking into account their specific characteristics and including actions taken by the State to ensure justice and the results achieved; (m) As noted in a report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (A/HRC/41/35), independent mechanisms should be established to monitor and investigate the use of digital technologies for surveillance, to ensure that any such use is consistent with the principles of legality, necessity and legitimacy of objectives; (n) Prevent the involvement of the armed forces in public security tasks or control of social protests; (o) Establish independent and effective mechanisms for the supervision of all public security forces; (p) Protect the right to consultation of indigenous peoples and communities affected by extractive or other projects, States should adopt relevant policies and laws to hold companies accountable for involvement in threats or attacks against human rights defenders. Non-State actors, including transnational corporations and other business enterprises, should respect, promote and strive to protect the human rights and fundamental freedoms of all persons, including human rights defenders.. Create a sentence for a citation. The Helsinki Final Act therefore became an important tool in supporting dissidents in Eastern Europe, and also paved the way for the previously mentioned Human Rights Commissions Resolution 1980/23 and its follow-up process. Plans for the next stage of this project will be presented in a separate document. 0000006370 00000 n Submit Information on HRDs at risk; Submit Information to an Annual Report; Contact 0000057771 00000 n 0000010968 00000 n 0000008800 00000 n 109: (b) Ensure that women defenders who engage with multilateral institutions and international and regional human rights bodies can do so without fear of persecution or violence and that any allegations or instances of reprisals are promptly investigated;, No one shall be subjected to arbitrary arrest, detention or exile, as set out in the Universal Declaration of Human Rights. Art. Where States are unwilling to deter such killings, impunity silences the voice of the free press. Para. 54: Contained within concerted efforts to silence civil society, legislative restrictions have sometimes been reinforced by governmental smear campaigns whose objective is to delegitimize civil society and tarnish the reputation of its actors, by loosely characterizing them as terrorists, implying that they are threats to national security or enemies of the State, even by lobbying other States or through international forums. Human rights are not something that a country either has achieved or hasn't. It is a constant work in progress. One reason is that it is difficult to find a definition that will cover all the persons and activities that need to be covered by such a definition. Even now, when new draft resolutions on human rights defenders are presented, countries such as Russia persevere in their efforts to replace human rights defender with individuals, groups, and organs of society by referring to the original Declaration, and thus denying the legitimacy of the term human rights defender. Russia is also active in such negotiations. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. Prevent and refrain from all acts of reprisals against those engaging or seeking to engage with multilateral institutions; Adopt and implement specific legislation and policies, and issue appropriate guidance to national authorities to effectively protect those engaging or seeking to engage with multilateral institutions; Ensure accountability for any acts of reprisal through impartial, prompt and thorough investigations of any acts of reprisal, and access to effective remedies for victims; Consider establishing national focal points on reprisals;. Another area of conflict was caused by the fact that mention of specific rights for human rights defenders in the draft was repeatedly met with an emphasis on their obligations. Today, the idea of a binding instrument seems to be abandoned. Coherence of a declaration on human rights defenders should report corruption and ethnic tolerance and there. 0000130762 00000 n Yet, there is a systematic and deliberate pattern of authorities employing a crackdown on defenders and civil society groups during periods where public engagement is most needed, such as elections. In the view of the Committee this right is required to be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. These networks became important arenas for exchanging information on human rights violations. 0000037219 00000 n 0000008397 00000 n 0000124308 00000 n They are: Article 2: Non-discrimination. Despite the adoption of the Helsinki Final Act, it was not possible to establish independent NGOs in the Eastern bloc countries. The Working Group did not, however, follow this recommendation and decided on Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognised human rights and fundamental freedoms as its official title. 0000019590 00000 n Israel was the only co-sponsor from the Middle East. (The General Assemblys 53rd Session, 1998, when the Declaration on human rights defenders was adopted.). 0000154969 00000 n and the Internet.. 0000038347 00000 n Article 12.2: 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., OP 8: Calls upon States to take concrete steps to prevent and put an end to the arbitrary arrest and detention of human rights defenders, and in this regard strongly urges the release of persons detained or imprisoned, in violation of the obligations and commitments of States under international human rights law, for exercising their human rights and fundamental freedoms, such as the rights to freedom of expression, peaceful assembly and association, including in relation to cooperation with the United Nations or other international mechanisms in the area of human rights;. 20: () The free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. 0000154209 00000 n Contrary to this approach, Western governments highlighted the importance of assuring international recognition of and protection for those who seek to promote the enjoyment of human rights for themselves and for others. 0000008441 00000 n 0000143812 00000 n Associations should be established after a process that is simple, easily accessible, non-discriminatory, and non-onerous or free of charge. 0000129229 00000 n Declaration on Human Rights Defenders, General Assembly Resolution A/RES/53/144 adopting the Declaration on human rights defenders 0000448546 00000 n 0000144320 00000 n In this vein, refrain from criminalizing defenders peaceful and legitimate activities, abolish all administrative and legislative provisions that restrict the rights of defenders, and ensure that domestic legislation respects basic principles relating to international human rights law and standards;, United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court (AHRC/30/37)(2015), Principle 1 Right to be free from arbitrary or unlawful deprivation of liberty, Recognising that everyone has the right to be free from arbitrary or unlawful deprivation of liberty, everyone is guaranteed the right to take proceedings before a court in order that that court may decide on the arbitrariness or lawfulness of the detention, and to obtain without delay appropriate and accessible remedies.. This mandate was created to: promote the effective implementation of the UN Declaration on Human Rights Defenders in cooperation and dialogue with Governments and other actors; 0000033989 00000 n () All such attacks should be vigorously investigated in a timely fashion, and the perpetrators prosecuted and the victims, or, in the case of killings, their representatives, be in receipt of appropriate forms of redress. A number of initiatives were taken, both at the international and regional level to increase the protection of defenders and contribute to the implementation of the Declaration. 0000126674 00000 n trailer <]/Prev 502763>> startxref 0 %%EOF 270 0 obj <>stream We can also question whether we really need a definition. In addition to using the Declaration as an interpretative aid, a number of jurisdictions in both Latin America and Africa including Mexico, Honduras, Cote dIvoire, Burkina Faso and Mali have enacted, or are in the process of enacting, legislation incorporating the Declaration into national law. 0000059713 00000 n 99: States should adopt domestic legislation that recognizes the vital and important role played by lawyers in upholding the rule of law and promoting and protecting human rights, in particular access to justice, the right to an effective remedy and the right to due process of law and a fair trial., Para. (a) To refrain from, and ensure adequate protection from, any act of intimidation or reprisals against those who cooperate, have cooperated or seek to cooperate with international institutions, including their family members and associates; (b) To fulfil the duty to end impunity for any such acts of intimidation or reprisals by bringing the perpetrators to justice and by providing an effective remedy for their victims;, OP 10: Calls upon States to combat impunity by conducting prompt, impartial and independent investigations and pursuing accountability for all attacks and threats by State and non-State actors against any human rights defender, or against lawyers and legal representatives, journalists and media workers covering these issues, as well as against their family members and their associates, and by condemning publicly all cases of violence, discrimination, intimidation and reprisal, underlining that such practices can never be justified;, Para. (). 0000131072 00000 n Para. Seek to cooperate, cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights, or who have provided testimony or information to them; Avail or have availed themselves of procedures established under the auspices of the United Nations for the protection of human rights and fundamental freedoms, and all those who have provided legal or other assistance to them for this purpose; Submit or have submitted communications under procedures established by human rights instruments, and all those who have provided legal or other assistance to them for this purpose; Are relatives of victims of human rights violations or of those who have provided legal or other assistance to victims;. 0000008173 00000 n Key elements for business enterprises to: Para 90: The Special Rapporteur calls upon States: (a) To adopt legislation that creates due diligence obligations for companies registered in their jurisdictions and those of their subsidiaries, subcontractors and suppliers where there is a risk of human rights violations or abuses; (b) To implement laws and policies which legitimize and guarantee the participation of communities and defenders in business-related decisions, including the rights of trade unions and the right to free, prior and informed consent; (c) In consultation with defenders, to review their domestic regulatory framework to ensure that it, in substance or effect, does not impede the work of defenders to effectively and without risk of retaliation (including legal retaliation) address corporate human rights impacts; (d) To adopt legislation requiring companies to publicly disclose information, including information on their corporate structure and governance, contracts, licences concessions, business relationships (investors, suppliers and other trading parties included), scientific information about company operations, and company filings; (e) To publicly acknowledge, at the most senior levels of Government, the critical role that defenders play in helping to bring to the attention of States and business enterprises business-related impacts on human rights; (f) To adopt national guidelines on human rights defenders and national action plans on business and human rights to ensure policy coherence and establish clear consequences when companies have been found to be linked to attacks against defenders; (g) To promptly and impartially investigate all attacks against human rights defenders; (h) To take all measures to provide for effective redress; (i) To take measures, in policy and practice, to ensure that the security of defenders can be guaranteed at all times, including when accessing grievance mechanisms. In the lead up to this important anniversary, ISHR Director Phil Lynch addressed a Venice conference of judges and lawyers from Latin America and Europe on how the Declaration can be used by domestic and regional courts to enhance the protection of defenders and . 0000335642 00000 n 0000129920 00000 n 0000291017 00000 n 0000367215 00000 n Such laws often contain clauses that threaten associations with deregistration, loss of legal existence or even criminal prosecution for non-compliance. OP 5: Expresses particular concern about systemic and structural discrimination and violence faced by women human rights defenders of all ages, and calls upon States to take all measures necessary to ensure their protection and to integrate a gender perspective into their efforts to create a safe and enabling environment for the defence of human rights;, OP 7: Urges States to acknowledge publicly the important and legitimate role of women human rights defenders in the promotion and protection of human rights, democracy, the rule of law and development as an essential component of ensuring their protection, including by publicly condemning violence and discrimination against women human rights defenders;, OP 8: Calls upon States to ensure that human rights defenders, including women human rights defenders, can perform their important role in the context of peaceful protests and () in this regard to ensure that no one is subject to excessive or indiscriminate use of force, arbitrary arrest or detention, torture or other cruel, inhuman or degrading treatment or punishment, enforced disappearance, abuse of criminal and civil proceedings or threats of such acts;, OP 9: Also calls upon States to exercise due diligence () to prevent threats, harassment and violence against women human rights defenders, who face particular risks, and in combating impunity by ensuring that those responsible for violations and abuses, including gender-based violence and threats against women human rights defenders, committed by State and non-State actors, including online, are promptly brought to justice through impartial investigations;, OP 10: Further calls upon States to ensure that the promotion and protection of human rights are not criminalized () and that women human rights defenders are not prevented from enjoying universal human rights owing to their work ();, OP 14: Urges States to strengthen and implement legal, policy and other measures to promote gender equality, empower women and promote their autonomy and to promote and protect their equal participation, full involvement and leadership in society, including in the defence of human rights;, OP 15: Invites leaders in all sectors of society and in their respective communities, including political, military, social and religious leaders and leaders in business and the media, to express public support for the important role of women human rights defenders and the legitimacy of their work;, OP 17: Strongly calls upon States to refrain from, and ensure adequate protection from, any act of intimidation or reprisal against women human rights defenders who cooperate, have cooperated or seek to cooperate with international institutions, including their family members and associates;, OP 20: Emphasizes the need for the participation of women human rights defenders in the development of effective policies and programmes related to their protection () and the need to create and strengthen mechanisms for consultation and dialogue with women human rights defenders ();, OP 21: Urges States to adopt and implement policies and programmes that provide women human rights defenders with access to effective remedies (), OP 22: Also urges States to promote and support projects to improve and further develop the documentation and monitoring of cases of violations against women human rights defenders (), OP 23: Encourages national human rights institutions to support the documentation of violations against women human rights defenders and to integrate a gender dimension into the planning and implementation of all programmes and other interventions related to human rights defenders ();, OP 11: Continues to express particular concern about systemic and structural discrimination and violence faced by women human rights defenders of all ages, and reiterates its strong call upon States to take appropriate, robust and practical steps to protect women human rights defenders and to integrate a gender perspective into their efforts to create a safe and enabling environment for the defence of human rights, as called for by the General Assembly in its resolution 68/181;, Covenant on the Elimination of All Forms of Discrimination Against Women (2017). 0000135444 00000 n Human rights defenders are people who work towards the realisation of the rights and freedoms of the Universal Declaration of Human Rights, through peaceful means. by Petter Wille, Special Adviser to the National Human Rights Institution of the Kingdom of Norway and JANIKA SPANNAGEL, RESEARCH ASSOCIATE, GLOBAL PUBLIC POLICY INSTITUTE March 11, 2019 Blog, Blog, By invitation, International human rights institutions, mechanisms and processes.

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