On 4 March 2022 Forum Asia published an Open Letter to States on the Draft Resolution on Human Rights Defenders, which has been signed by an impressive number of NGOs:
“At its current session, the UN Human Rights Council will be discussing a draft resolution on human rights defenders operating in conflict and post-conflict situations. This is a useful and timely focus providing a means to give effect to a range of recommendations including those contained in the report of the Special Rapporteur on Human Rights Defenders in 2020.
It is important for the Council to adopt a resolution that reflects the gravity and the reality of the situation defenders face every day and is tailored to addressing the specific protection needs they face. Our organisations call on members of the UN Human Rights Council to ensure that the resolution adopted by the Council clearly:
Acknowledges the critical role of human rights defenders in conflict and post-conflict situations, including those who report on gross and systematic human rights violations or systematic targeted violations against particular populations and communities as these can serve to provide an early warning of escalating conflict;
Acknowledges the precariousness that human rights defenders can experience working in conflict and post-conflict situations due to the disruption to basic supplies and services and increased security risks, all of which compound the risks associated with defending human rights;
Recognises the intersectional dimensions of discrimination, violations and abuses against specific groups of human rights defenders, including women human rights defenders, indigenous peoples, people of African descent, children, people belonging to minorities, defenders working on issues related to sexual orientation, gender identity and expression, older persons and rural and marginalized communities, and calls on States to pay particular attention to the protection needs of different groups in conflict and post-conflict situations integrating an age and gender responsive approach;
Outlines the elements that constitute a safe and enabling environment and restates that States have the obligation to create and safeguard such an environment including in conflict and post-conflict situations;
Includes in that overview the need to urgently lift all undue restrictions on the rights to freedom of association and collective bargaining, peaceful assembly and expression, including restrictive ‘NGO Laws’, foreign agent and foreign funding laws, counter-terrorism laws, ‘fake news’ laws and those specifically targeting women and LGBTQ+ organizations and defenders;
Expresses deep concern at the invocation of countering terrorism and extremism as a justification to target, threaten, or limit the activities and access to funding sources of human rights defenders operating in conflict or post-conflict areas, both online and offline;
Stresses that the use of digital surveillance tools must be regulated to ensure they are not used for violating human rights, including by targeting human rights defenders or journalists, and that mobile networks and internet access must not be shut down;
Calls for the development of protection mechanisms and support for human rights defenders in such contexts in line with the best practice identified by the Special Rapporteur. These should address the fact that, in some cases, state and non-state actors orchestrate ways to make defenders appear to be supporting hostilities, and that attacks against defenders constitute “collateral damage” during hostilities;
Recognises that impunity and failure to protect and provide effective remedy prevails in several conflict and post-conflict situations, including in regard to attacks against human rights defenders, all of which can fuel further conflict;
Acknowledges the role of women human rights defenders and women peacebuilders in the prevention, in mediation and the resolution of conflicts, and recognizes the link between their involvement and the effectiveness and long-term sustainability of those efforts;
Recognizes that women human rights defenders are targeted for violence and subjected to intimidation and retaliation because of their efforts to ensure women’s rights, including sexual and reproductive health rights and for their demanding accountability for pervasive sexual violence and feminicides;
Calls on States to reaffirm the positive, important, and legitimate role played by child human rights defenders for the promotion of human rights in conflict and post-conflict situations, and the role of organisations advocating for the protection of the rights of older persons in these contexts;
Calls on States to act on their responsibility to protect against human rights abuses by non-State actors, including businesses, including in times of conflict when oversight of the operations of businesses can be weaker and human rights defenders can stand unprotected as they resist corporate abuse;
Calls on States to monitor and report on the implementation of this resolution in a comprehensive and systematic way and share updates on challenges faced and progress made during relevant UN dialogues and debates.
We ask States to actively support the drafting of a resolution that recognizes the essential work of human rights defenders operating in conflict and post-conflict situations, outlines means to ensure their work is enabled despite the situation of conflict and uncertainty that may prevail, and formulates concrete asks of States, companies and all other actors with the power to protect and promote the right to defend rights. We also call on States to resist efforts that undermine and weaken the resolution.”
Signed,
Access Now
African Centre for Democracy and Human Rights Studies (ACDHRS)
Al Mezan Centre for Human Rights
Al-Haq – Law in the Service of Man
Amnesty International
Amnesty International Norway
ARTICLE 19
Asian Forum for Human Rights and Development (FORUM-ASIA)
Association for Progressive Communications (APC)
Cairo Institute for Human Rights Studies (CIHRS)
Center for Reproductive Rights
Centro de Estudios Legales y Sociales (CELS)
Centro de Justicia y Paz – Cepaz
Centro para los Defensores y la Justicia (CDJ)
CIVICUS: World Alliance for Citizen Participation
Commonwealth Human Rights Initiative (CHRI)
DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
Egyptian Initiative for Personal Rights (EIPR)
Freedom House
FRI – The Norwegian Organisation for Sexual and Gender Diversity
The House of Representatives in the Philippines on 2 June 2019 passed the proposed Human Rights Defenders Protection bill that should prevent human rights violations and abuses committed against HRDs. Surprsingly all 183 congressmen present at last night’s session voted for House Bill 9199, a consolidation of bills filed by Rep. Edcel Lagman (LP, Albay) and Makabayan Reps. Carlos Isagani Zarate, Antonio Tinio, Emmi de Jesus, Arlene Brosas, Ariel Casilao, and Sarah Jane Elago. A badly needed bill as the Philippines is one of the worst places for HRDs [see e.g.: https://humanrightsdefenders.blog/2018/11/08/and-in-the-philippines-the-killing-of-human-rights-defenders-also-continues-with-benjamin-ramos/]. As always the real question is what wil happen in practice.
The bill guarantees HRD rights and freedoms; mandates the State and public authorities to respect, protect, and fulfill these rights and freedoms; and imposes appropriate sanctions to counter impunity. Lagman said Karapatan Alliance for the Advancement of Human Rights recorded the killing of 697 human rights defenders in the country for the period 2001-2018 while Task Force Detainees of the Philippines documented 76 human rights violations affecting 333 HRDs from September 2013 to September 2016 alone.
IF signed into law, the bill will also create a Human Rights Defenders Protection Committee chaired by a commissioner of the Commission on Human Rights and six members who will be jointly nominated by concerned civil society organizations. HB 9199 is based on the United Nations Declaration on Human Rights Defenders and the Model National Law on the Recognition and Protection of Human Rights Defenders drafted by the International Service for Human Rights.
The bill grants the following rights and freedom to human rights defenders:
Right to promote and protect human rights and fundamental freedoms
Right to form groups, associations, and organizations
Right to solicit, receive, and utilize resources
Right to seek, receive, and disseminate information
Right to develop and advocate for human rights ideas
Right to communicate with non-governmental, governmental, and intergovernmental organizations
Rights against vilification
Right to access, communicate, and cooperate with international and regional human rights bodies and mechanisms
Right to participate in public affairs
Right to peaceful assembly
Right to represent and advocate
Right to freedom movement
Right to privacy
Freedom from intimidation or reprisal
Right to establish a sanctuary for human rights victims and or their families
Freedom from defamation and stigmatization
Right to exercise cultural rights and to development of personality
Right to effective remedy and full reparation
The bill penalizes those who will violate the rights and freedom. Human right defender’s obligations, meanwhile, include conducting investigation; adopting human rights based governance; strengthening protection program; promoting and facilitating human rights education, among others.
The report lists 50 countries worldwide where anti-NGO laws have been implemented or are in the pipeline
Governments around the world are stepping-up their attacks on civil society organisations and human rights defenders, according to a new Amnesty International report. On 21 February 2019 RTE Ireland summarizes it as follows: It says governments are creating laws that subject non-governmental organisations and their staff to surveillance, bureaucratic hurdles and the threat of imprisonment.The international human rights group says the global assault on NGOs has reached a crisis point as new laws curb vital human rights work. The report, Laws Designed to Silence: The Global Crackdown on Civil Society Organisations, lists 50 countries worldwide where anti-NGO laws have been implemented or are in the pipeline.
Amnesty International says these laws commonly include implementing ludicrous registration processes for organisations, monitoring their work, restricting their sources of resources and, in many cases, shutting them down if they do not adhere to the unreasonable requirements imposed on them.[see also: https://humanrightsdefenders.blog/2018/12/07/global-statement-on-the-20th-anniversary-of-the-un-declaration-on-human-rights-defenders/]“We documented how an increasing number of governments are placing unreasonable restrictions and barriers on NGOs, preventing them from carrying out crucial work,” said Kumi Naidoo, Secretary General of Amnesty International. “In many countries, organisations who dare to speak out for human rights are being bullied into silence. Groups of people who come together to defend and demand human rights are facing growing barriers to working freely and safely. Silencing them and preventing their work has consequences for everyone.” SEE ALSO NAIDOO’S OP-ED: http://news.trust.org//item/20190220144717-jcwuf/https://www.amnesty.org/en/latest/news/2019/02/global-assault-on-ngos-reaches-crisis-point/
“How to Respond to Challenges Facing Civil Society Organisations Working on Human Rights?” is the topic of a side event on Monday, 25 June 2018(12:30 – 14:00) at the Palais des Nations, Room XXIII.
Challenges to the work of civil society organisations exist in every part of the world and take a variety of forms. Based on recent reports on civil society space of the OHCHR and the EU Fundamental Rights Agency, this event gathers various stakeholders, including NGOs, governments, UN agencies and other intergovernmental organizations, to reinforce the importance of civil society engagement, and address the many challenges which hinder its effective functioning. This surely will include the question of reprisals against HRDs cooperating with the UN. Questions to be addressed include: What are the major challenges facing civil society organisations? What are some examples of emerging good practices? How can we ensure that the needs of underrepresented parts of civil society are taken into account? What is the role of the Human Rights Council in ensuring a safe and enabling environment? Can we identify ways forward and concrete next steps?
SPEAKERS
Ambassador Michael Gaffey, Permanent Representative of Ireland to the UN in Geneva
Michael O’Flaherty, Director of the European Union Agency for Fundamental Rights (FRA)
Lopa Banerjee, Director of UN Women’s Civil Society Division
Peggy Hicks, Director of the Research and Right to Development Division of the Office of the High Commissioner for Human Rights (OHCHR)
Phil Lynch, Director of International Service for Human Rights (ISHR)
recently published its report on ‘Lessons Learnt: Human Rights Defenders Working in States in Transition.’ A State’s transition towards democracy will invariably present particular challenges for human rights and their defenders. But it will also present opportunities. ISHR seeks to ensure that defenders have the tools that will enable the development of national laws and mechanisms that are compatible with, and give effect to, international human rights obligations. ISHR hopes that this report will be used by defenders to reflect on the strategies, successes and shortcomings of other campaigns and programmes in order to appreciate the impact they’ve had in various African States.
While all eyes are on the ongoing session of the UN Human Rights Council in Geneva, the Inter-American Commission on Human Rights(IACHR) – on 28 February – presented its report “Toward a Comprehensive Policy to Protect Human Rights Defenders,” in the context of the 167th session of the IACHR taking place in Colombia. The purpose of this report is to provide the States in the region with guidance in developing their domesticpolicies, programs, and protection mechanisms for human rights defenders, in keeping with inter-American human rights standards.
“The work of defending human rights in the countries of the Americas has become extremely dangerous,” said the President of the IACHR, Commissioner Margarette Macaulay. “The levels of violence against people who defend human rights in our region are alarming, and the rates of impunity for these types of crimes are very high. The focus of the IACHR’s concern is on the violent deaths of rights defenders, the impunity that tends to surround these types of crimes, and the remaining vulnerability of all persons and groups on whose behalf the defender had worked. This makes it essential and urgent for the States to adopt effective measures to put an end to this situation,” she added.
“We are aware of and welcome the efforts made by some States to implement different mechanisms, laws, and policies to protect rights defenders, but unfortunately these have not been effective enough,” said the IACHR Rapporteur on Human Rights Defenders, Commissioner Francisco Eguiguren.“That is why the IACHR in this report has laid out the main components of a comprehensive protection policy, so that such a policy can be effective and so that we can manage to stop the killings and other attacks that are putting an end to the lives of rights defenders or preventing them from doing their work. The aim of the IACHR is to provide the States with a guide on developing domestic policies, programs, mechanisms, and practices for the effective protection of human rights defenders, in accordance with Inter-American human rights standards,” he indicated.
A comprehensive protection policy is based on a recognition of the State’s interrelated and interdependent obligations to enable rights defenders to freely and safely carry out their work of defending human rights. In this sense, a comprehensive protection policy refers to a broad, all-encompassing approach that requires extending protection beyond physical protection mechanisms or systems when defenders experience situations of risk. It requires implementing public policies and measures designed to respect the rights of defenders; prevent violations of their rights; diligently investigate acts of violence against them; and punish the perpetrators and masterminds of any attack on human rights defenders.
The report also analyzes the main steps forward and challenges in terms of the efforts underway in some States, such as the national protection mechanisms, legislation, and policies and programs that exist in some countries. It also makes recommendations to the States on how to ensure better implementation of prevention, protection, and investigation measures to achieve a comprehensive protection policy.
..Human rights defenders are an essential pillar for the strengthening and consolidation of democracies in the hemisphere. Acts of violence against human rights defenders not only infringe on the defenders’ own rights as human beings but also undermine the critical role they play in society and in upholding democratic standards.
Contact info María Isabel Rivero, IACHR Press and Communication Office mrivero@oas.org
The Newsletter of December 2017 of ProtectDefenders.eu contains a report of the 2017 Annual Meeting. The highlights:
On the 8th of November, ProtectDefenders.eu held its second annual meeting, under the motto “Champions of change – Human rights defenders at the forefront of development and democracy“. More than 30 human rights defenders at risk from all regions of the world who have benefited from the project gathered in Brussels with representatives of international NGOs and European institutions. This unique meeting has successfully brought together grassroots activists working on the frontlines for change and leading experts on the protection of human rights defenders, universal and regional protection mechanisms, and representatives of various EU institutions implicated in the protection of human rights defenders and current development agenda.
The meeting highlighted the crucial role and impact of human rights defenders around the world as promoters of a sustainable development and engaged development actors in how to integrate the protection of human rights defenders as part of an effective development and protection agenda. The widespread attempts to de-legitimise human rights’ discourse and human rights defenders’ work worldwide were addressed, by promoting a positive narrative grounded on the universality and indivisibility of human rights and its contribution to more advanced and developed societies. Human rights defenders and high-level speakers shared strategies to enhance the protection of those who strive to defend human rights, and to develop a positive narrative on the human rights’ work, legitimising their work at the local level and taking back the human rights discourse to the centre of the international agenda.
To conclude the meeting, the twelve partner organisations of ProtectDefenders.eu have issued a public statement urging all national authorities to “publicly recognise the crucial role played by human rights defenders and protect them in all circumstances from any form of judicial harassment“. As stressed by Antoine Madelin, FIDH Director for International Advocacy and Chair of the Board of ProtectDefenders.eu, “Human Rights Defenders are the pillars of democracy and of the rule of law but are too often subjected to unfair criminal prosecution, in an effort to undermine their work in the defence of human rights.”
On 10 October 2017 Protection International(PI) presented the 2017 edition of its Focus Report, monitoring worldwide developments in the field of national protection mechanisms and public policies for the protection of human rights defenders (HRDs). Since the publication of its handbook Protection of human rights defenders: Best practices and lessons learnt (in 2011), the public debate regarding national public policies for HRD protection has evolved: initially only a handful of Latin American governments were addressing systematic attacks against HRDs through national protection mechanisms, and civil society organisations approached the issue with a lot of mistrust and scepticism. In recent years, it has become mainstream with the adoption of national laws and the emergence of draft bills in several countries of Latin America and Africa, while permeating the discussions on HRD protection in countries of Europe, Central and South-East Asia.
Many developments in this field of the HRD protection ecosystem also occurred since the publication of the last edition the Focus Report in 2014. [https://humanrightsdefenders.blog/2014/12/03/protection-international-focuses-on-national-protection-mechanisms/] This heightened interest nonetheless, the implementation gap remains a big issue and trust is far from assured, especially among groups of HRDs taking the brunt of state repression and violence and those HRDs in remote areas where the presence of state authorities is weak or contested by non-state actors. Research shows that political will and backing is key to overcome these problems.
With the 20th anniversary of the UN Declaration on HRDs fast approaching, Protection International believes it is now high time to shift the focus of the debate away from adopting laws to protect human rights defenders at risk towards a more comprehensive approach, which addresses the structural violence and repression against them.
Socio-Economic Rights and Accountability Project (SERAP) in Nigeria has sent an urgent appeal to three UN Special Rapporteurs urging them to “put meaningful pressure on the leadership of the National Assembly in Nigeria particularly the Speaker of the House of Representatives Mr Yakubu Dogara to immediately withdraw the repressive bill to establish a commission that would monitor, supervise, de-register, and pre-approve all activities by civil society, labour, community based organizations, and the media, in the country.”
Speaker Dogara
In a blog post on Vanguard News it is explained that the appeal dated 28 July 2017 was sent to Ms Annalisa Ciampi, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders; and Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. The organization said, “.. If adopted, the bill which is copied from repressive countries like Somalia, Ethiopia and Uganda, would have a chilling effect not only on expressions of peaceful dissent by the citizens but also on the legitimate work of NGOs and individual human rights defenders and activists scrutinizing corruption in the National Assembly and exposing human rights violations by the government.”
The urgent appeal signed by SERAP executive director Adetokunbo Mumuni read in part: .”.. the bill is by far the most dangerous piece of legislation in the country in terms of its reach and devastating consequences not only for the work of civil society but also the effective enjoyment of constitutionally and internationally recognized human rights of the citizens. The bill will devastate the country’s civil society for generations to come and turn it into a government puppet.”……
“SERAP is also concerned that the proposed bill is coming at a time the members of the Senate and House of Representatives are proposing amnesty and immunity for themselves against prosecution for corruption and other economic crimes; and the government is proposing a social media policy to restrict and undermine citizens’ access to the social media ahead of the general elections in 2019.”
……
“The provisions of the bill are also not subject to any judicial oversight. SERAP believes that independent groups and activists should have space to carry out their human rights and anticorruption work without fear of reprisals, such as losing their registration or being sent prison.”
[The House of Representatives debated the bill known as ‘An Act to provide for the establishment of Regulatory Commission for the Supervision, Coordination and Monitoring of NGOs, CSOs and Communities Based Organizations in Nigeria’. The bill will establish a commission responsible only to the president and the senate. Under section 7, the commission will monitor and supervise these groups supposedly to “ensure that they accomplish their missions according to law” and under section 26, strictly “in line with the programmes of government.” Section 8 of the bill even goes further by empowering the commission to coordinate the work of all national and international NGOs in the country. All groups must register with the commission and submit their annual reports for discussion and governmental approval. The commission may take any punitive action against civil society and “do all such things incidental to its functions” under the Act. Section 10 establishes ‘a documentation center’ to which all civil society groups must submit the list of their activities and other information that may be required or prescribed. Section 11 then requires submission of all proposed activities by civil society for approval. Section 12 requires registration of all civil society organizations on the payment of unspecified fees and other fees as the commission may require or prescribe. But registration may be turned down, as stated under section 13. Registration is valid for only 24 months and renewable, subject to conditions as may be prescribed. Registration may also be denied if the activities of civil society groups are not in line with “national interest”. Operations of the groups will be terminated without any such registration. Under section 19, workers of the groups must apply for work permits. The groups can only appeal to “a minister” if they are dissatisfied with the application of any of the provisions of the Act, as provided for under section 19. The bill in section 24 criminalizes behaviour that is inherently legitimate by prescribing severe criminal penalties, including fines of N500,000 or 18 months imprisonment or both, for operating without registration under the bill. Under section 26, any such person will be banned for 10 years from doing any civil society work. The combined effect of sections 25 and 26 is that no civil society group will be able to carry out any activity without first seeking and obtaining a ministerial approval.]
We all assume that the biggest threat to human rights defenders comes from the State or similarly powerful actors. Now a report by the Human Rights Centre Uganda (led by former UN Rapporteur Margaret Sekaggya, pictured above) shows that it can be the local community that is the leading violator of the rights of HRDs. Juliet Kigongo of KFM, reports on 16 June 2017 that – at least in Uganda – 28% of complaints recorded were about members of the community, against 17% about government officials and 16% about politicians. The study was carried out in nine districts of Kasese, Mbarara, Lira, Soroti, Gulu, Mbale, Hoima and Kampala with Arua being the most affected.
[The report compiled by the Human Rights Centre Uganda also raises the red flag over the slow investigations of cases of violations against rights defenders, warning that the “slow pace of investigation could be seen as condoning attacks on Human Rights Defenders. While launching the report Margaret Sekaggya, the center’s Executive Director appealed to parliament to review existing laws that impede the work of human rights defenders and ensure that the legislative framework reflects provisions of the constitution and Uganda’s international commitments to ensure a safe and conducive environment.]
Speaker Dogara
Hans Thoolen on Human Rights Defenders and their awards 