A/HRC/13/22
although not prohibited under international law, administrative detention should be
surrounded by judicial guarantees and used only in exceptional and specific circumstances,
such as a public emergency threatening the life of a nation.
36.
States should refrain from criminalizing the peaceful and legitimate activities of
defenders and ensure that they can work in a safe environment without fear of being
prosecuted for criticizing Government policy or Government officials. The Special
Rapporteur also urges States to review and abolish all legislative and administrative
provisions restricting the rights contained in the Declaration on Human Rights Defenders,
including legislation on NGOs and freedom of expression. Security legislation should not
be used inappropriately to restrict the work of defenders. States should respect defenders’
right to a fair trial and appropriate redress and compensation should be provided to
defenders whenever their right to a fair trial is denied.
37.
The Special Rapporteur wishes to call upon NGOs and regional human rights
organizations to continue supporting defenders by providing them with legal assistance
and/or judicial trial observation. To avoid jeopardizing their own security, human rights
defenders should try to liaise with intergovernmental organizations such as OSCE and the
OHCHR field presences whenever they decide to engage on such trial observations. Some
recommendations on the way defenders could try to enhance their own security are detailed
below.
(c)
Role of non-State actors and responsibility of the State
38.
These past few years, the safety of defenders has been increasingly threatened by a
growing number of non-State actors in a climate of impunity.
39.
Individuals acting on their own or as part of groups, whether in collusion with States
or not, have been increasingly involved in attacks on human rights defenders. Guerillas,
private militias, vigilante groups and armed groups have been implicated in violence
against defenders, including beatings, killings and various acts of intimidation. Private
companies have also been directly or indirectly involved in acts of violence against
defenders. In this regard, the Special Rapporteur would particularly like to underline the
situation of defenders working on economic, social and cultural rights, who are increasingly
vulnerable, since their work is not always recognized as human rights work.3
40.
In some States, trade union leaders, community leaders and land-rights defenders,
including indigenous groups, are targeted for their activities. Elsewhere, defenders
denouncing corruption and working on environmental issues are systematically attacked
and threatened. Defenders working on economic, social and cultural rights are also subject
to threats and intimidation when they attempt to access information. In certain countries,
defenders trying to gather information on violations of human rights or humanitarian law
being committed in certain areas are prevented from doing so in an often violent manner,
which includes the use of killings, harassment and threats. In countries where the control of
natural resources is at stake, defenders have been particularly threatened while denouncing
the lack of transparency regarding contracts between the State and private companies.
41.
The Special Rapporteur recalls that, in relation to the access to information held by
the State, the latter is under the obligation to take all necessary steps to fully discharge its
obligations pursuant to article 22, paragraph 2, of the International Covenant on Civil and
Political Rights. States should also ensure that information held by non-State actors — and
in particular private companies — that can harm the public or is linked to public interest is
made available to the public.
3
8
See A/HRC/4/37.
GE.10-10012
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