A/HRC/13/22 42. One way to ensure the safety of defenders is to put an end to impunity for non-State entities. The Special Rapporteur would like to reiterate that States bear the primary responsibility for protecting individuals, including defenders, under their jurisdiction, regardless of the status of the alleged perpetrators. In cases involving non-State actors — including private companies and illegal armed groups — it is paramount that prompt and full investigations be conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of article 12 of the Declaration on Human Rights Defenders. Addressing the issue of impunity is a key step to ensuring a safe environment for defenders. 43. State responsibility in relation to actions and omissions of non-State actors as provided in article 12, paragraph 3, of the Declaration has been reiterated by numerous human rights bodies, including the Human Rights Committee and the Inter-American Commission on Human Rights. The rights enshrined in the International Covenant on Civil and Political Rights, including the right to life and freedom of association and expression, should be protected from violations not only by State agents, but also private persons or entities.4 44. Finally, it must be recalled that the Declaration on Human Rights Defenders is addressed not only to States and human rights defenders, but to everyone. It is set forth in article 10 of the Declaration that, “no one shall participate, by act or by failure to act where required, in violating human rights and fundamental freedoms”. Non-State actors and private entities should therefore also abide by the Declaration and refrain from endangering the safety of defenders and/or impeding their work. (d) Federalization of the responsibility to investigate and punish violations committed against human rights defenders 45. The Special Rapporteur has noted that the federal structure of certain States has sometimes impeded the prosecution of human rights violations, in particular those committed against human rights defenders. Regardless of the structure of a State, federal authorities retain the primary responsibility to protect human rights defenders and guarantee that their rights are protected. Federal Governments should therefore take all necessary measures to ensure that the transfer to States of the jurisdiction to prosecute and try human rights violations committed against defenders is effective. 46. The United Nations treaty bodies have repeatedly stated that the application of State obligations shall extend to all parts of federal States without any limitation or exception.5 The Special Rapporteur urges States with a federal structure to ensure that the Declaration on Human Rights Defenders is fully applicable throughout their territory. Whenever possible, unified provisions should be adopted and the rights contained in the Declaration should be directly enforceable by State courts. (e) Security challenges faced by women defenders and defenders of sexual minorities 47. Women defenders are most likely to be subjected to certain forms of violence, especially since they frequently work on specific issues that challenge established customs or norms and are therefore often culturally sensitive.6 Such gender-based violence includes 4 5 6 GE.10-10012 See Human Rights Committee, general comment No. 31 on article 2 of the Covenant on the nature of the general legal obligation imposed on States parties to the Covenant, 26 May 2004. See A/63/38, p. 156, para. 312; CCPR/CO/73/CH, para. 6; E/C.12/BEL/CO/3, para. 24; CCPR/C/BRA/CO/2, paras. 7 and 13. See A/HRC/4/37, paras. 98–104. 9