A/HRC/13/22
carried out so that new infrastructure can be built ahead of these events are sometimes, for
example, an occasion to silence defenders’ dissent. Certain sports events attracting wide
media attention are also used by defenders to highlight the situation of human rights in a
given country. During the run-up to and throughout such events, human rights defenders are
at increased risk of intimidation, harassment and arbitrary detention.
61.
These examples should constitute a basis for States to anticipate high-risk situations
and develop or improve protection measures. In the situations mentioned above, the safety
of defenders’ families and relatives should also be assessed. Whenever possible, early
warning systems should also be developed.
(b)
State obligations
62.
The obligations of the State are outlined in articles 2, 9, 12, 14 and 15 of the
Declaration on Human Rights Defenders. In particular, pursuant to article 12 of the
Declaration, States have the obligation to protect defenders. Article 12 of the Declaration
provides that “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”.
63.
States should harmonize their domestic laws with the Declaration on Human Rights
Defenders. To enhance the protection of defenders and ensure that the rights and freedoms
referred to in the Declaration are guaranteed, it is paramount that States review their
national laws and abolish legal or administrative provisions impeding the work and
activities of defenders. The Special Rapporteur welcomes the resolutions adopted by
several parliaments acknowledging the role and status of human rights defenders. At the
end of her country visit to the Democratic Republic of the Congo in June 2009, she
welcomed the recent attempt by the Parliament of the South Kivu province to adopt a law
on the protection of human rights defenders, and called on provincial parliamentarians to
adopt a revised text in the near future, in close consultation with civil society and the
United Nations.
64.
States should verify that their security legislation, including their intelligence and
counter-intelligence legislation, is not used to impede the work of defenders.11 States should
also translate and disseminate the Declaration on Human Rights Defenders and organize
training for law enforcement officials and judges on the rights contained in the Declaration.
65.
The Special Rapporteur would like to indicate that the obligation to protect should
be considered by States as a collective obligation. States should consider reminding their
counterparts of their obligation to ensure the safety of defenders at risk and condition aid
and business agreements on the guarantee that necessary measures are taken in this regard.
(c)
Basic precautions to be taken by human rights defenders
66.
One of the issues contributing to the lack of an adequately secure and enabling
environment for defenders is the insufficient awareness of the Declaration on Human
Rights Defenders. Too many defenders are still unaware that their activities constitute
human rights work. This is particularly true of defenders working in the field of economic,
social and cultural rights. It is therefore also important to foster the dissemination of the
Declaration and ensure it becomes a working, reference tool. In that connection, the Special
11
12
See A/58/380.
GE.10-10012
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