A/HRC/13/22
IV. Conclusions and recommendations
111. The Special Rapporteur commends countries that have developed protection
programmes to enhance the security of human rights defenders and urges them to
implement the recommendations contained in this report.
112. The Special Rapporteur is concerned about the paucity of practical initiatives
to physically protect human rights defenders effectively. Only a few countries have
adopted legislation or taken effective measures to put an end to the numerous and
violent attacks against defenders. Impunity continues to prevail and no specific
compensation mechanisms for human rights violations committed against human
rights defenders have been created.
113. The Special Rapporteur would like to recommend to States the following
minimum guidelines regarding protection programmes for human rights defenders:
(a)
Human rights defenders should be consulted throughout the setting up
or review of protection programmes;
(b)
The structure of a protection programme should be defined by law;
(c)
In federal States, the structure of a protection programme should be
defined by federal legislation. The administration of such a programme should be
overseen by the Federal Government even in cases where it is in practice administered
by States;
(d)
Protection programmes should include an early warning system in order
to anticipate and trigger the launch of protective measures. Such a system should be
managed centrally and risk assessment should involve different groups of human
rights defenders. The seasonal changes and examples of insecure situations mentioned
above should be taken into account when designing such systems;
(e)
Specific trainings on human rights, gender issues and on the Declaration
on Human Rights Defenders should be a prerequisite for the selection of police and
other law enforcement officials that would be involved in the programme;
(f)
The physical protection of defenders should not be outsourced to third
parties unless they are properly trained. Their selection and recruitment should be
made with the consultation of human defenders;
(g)
Adequate financial resources should be devoted to such programmes. In
this regard, a better assessment of the security needs of human rights defenders will
enable States to better cost such programmes. Third States should contribute to the
development or review of sustainable and well-financed protection programmes.
114.
Furthermore, the Special Rapporteur:
(a)
Urges States to:
• Refrain from stigmatizing the work of human rights defenders.
Recognition of the status and role of human rights defenders and the
legitimacy of their activities in public statements is the first step to
preventing or at least reducing threats and risks against them.
• Investigate complaints and allegations on threats or human rights
violations perpetrated against human rights defenders in a prompt and
effective manner, and initiate appropriate disciplinary, civil and criminal
proceedings against the perpetrators to ensure that impunity for such
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