A/HRC/22/47
IV. The role of national human rights institutions in the
protection of human rights defenders
84.
National human rights institutions can potentially play a substantive role in
protecting human rights defenders. The Special Rapporteur has recommended on numerous
occasions that such institutions establish a focal point for human rights defenders with the
responsibility of ensuring their protection.23 Protection constitutes a wide range of possible
measures and interventions, including formal complaints mechanisms and protection
programmes; advocacy in favour of a conducive work environment for defenders; public
support when violations against defenders are perpetrated; visits to defenders in detention
or prison and provision of legal aid in this context; mediation when conflicts occur between
defenders and other parts of society; and strengthening of the capacity of defenders to
ensure their own security. The Special Rapporteur has noted a number of commendable
initiatives taken by national institutions which are detailed below.
A.
Formal complaints mechanisms and protection programmes
85.
The most common measure by national institutions to ensure protection of human
rights defenders appears to be complaints mechanisms. Most national institutions are
mandated to receive complaints from individuals whose rights have been violated, with
some also allowed to receive petitions from representatives of victims and associations. The
majority of the institutions which responded to the Special Rapporteur’s questionnaire
indicated that defenders could present complaints to them using the same channels as other
individuals.
86.
The Special Rapporteur has on previous occasions provided observations and
guidelines on national protection mechanisms and other formal protection programmes (see
A/HRC/13/22, paras. 70-83). Several national institutions reported that they are involved in
such mechanisms. In Mexico, both the National Human Rights Commission and some
institutions at state level are involved in protection programmes of this sort. At state level,
the most developed appears to be the Human Rights Commission of the Federal District
(Mexico City), which has had a unit dedicated to human rights defenders since 2007.
87.
National human rights institutions usually have a mandate to provide
recommendations to various parts of the Government on what actions should be taken in a
given case without these recommendations carrying any legal obligation. The national
institutions in Mexico and El Salvador both noted that they used such a mechanism to issue
recommendations with precautionary measures to be taken by the Government in cases
involving human rights defenders. In Mexico, such recommendations are made public, and
the national commission has published a guide on how to implement precautionary
measures awarded to human rights defenders. The National Human Rights Commission of
India is using a similar mechanism to alert the relevant authorities about reported violations
against defenders. The Indian commission has established a focal point for defenders which
has a hotline and is accessible online.
88.
In a similar vein, some national institutions have engaged actively with the
authorities when reported violations against defenders occur. The Afghanistan Independent
Human Rights Commission noted that it intervenes directly with the police and security
officials once complaints are received of threats or intimidation of defenders by State or
non-State actors. The Commission on Human Rights of the Philippines is mandated to
23
See A/HRC/13/22, para. 108; A/66/203, para. 86, inter alia.
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