A/HRC/22/47
perform a number of services which are available to defenders and other individuals,
including legal assistance, witness protection, financial assistance and medical assistance to
victims of violations. The Philippines Commission noted that it is working on consolidating
its services available to defenders, which include a focal point for cases pertaining to them.
Submissions from NGOs confirmed that such consolidation is needed.
89.
The Special Rapporteur notes that in a number of Member States where national
institutions have resources dedicated specifically to the protection of human rights
defenders, she has received information indicating a lack of effectiveness, responsiveness
and transparency in the proceedings. Human rights defenders have in many cases reported
that once a complaint is lodged with the institution, it is difficult to find out what action has
been taken, if any. National institutions should ensure transparency in complaints handling,
especially in urgent cases. The example referred to above of the recommendations of the
institution being made public is commendable, although this needs to be assessed according
to the situation in order to ensure the security of the defender(s) affected is not
compromised. It is also important that national institutions clearly communicate to human
rights defenders what sort of protection they are able to provide them in order to manage
expectations and ensure defenders can do a proper security assessment in relation to their
own situation.
90.
The Special Rapporteur is concerned about accounts of a lack of responsiveness and
effectiveness among national institutions in their response to violations reported by human
rights defenders, as this discourages defenders from filing cases under the mechanisms that
were designed to protect them. She reiterates the importance of institutions working closely
with civil society in the development of protection policies (A/HRC/13/22, para. 113(a)).
Comprehensive policies and guidelines on protection of human rights defenders should be
developed and disseminated by national human rights institutions. Furthermore, resources
dedicated to the protection of defenders need to be sufficient, and national institutions
should reflect this in their proposed budgets to Governments.
B.
Advocacy in favour of a conducive work environment for defenders
91.
As provided for in the Paris Principles, a key function of national institutions should
be their ability to pronounce opinions and recommendations on the domestic legal
framework in an effort to bring this into compliance with the country’s international human
rights obligations. In several Member States, national institutions have fulfilled this
function in a proactive manner. For example, in Serbia, the Protector of Citizens drafted on
its own initiative a law to ensure whistle-blowers are protected from retaliation when
submitting complaints to public authorities.
92.
Some national institutions have entrusted their focal points for human rights
defenders to monitor the legal framework affecting their activities. The human rights
defenders desk within the Uganda Human Rights Commission reviews draft legislation
relevant to defenders on a regular basis, informing the Commission’s inputs to the
Government in this context.
93.
The Afghanistan Independent Human Rights Commission works with advocacy
committees made up of NGOs in Afghanistan to advocate for increased respect for human
rights, including the protection of human rights defenders.
94.
In other cases, national institutions engage actively with Government authorities to
create awareness about defenders and the importance of their work. The National Human
Rights Commission of India has organized workshops, trainings and seminars with State
officials to sensitize them in this regard.
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