A/HRC/31/55
measurement of more than 100 different commitments, efforts and outcomes within the
city. National, regional and international networks of human rights cities serve as a good
practice to build the capacity of local government and local defenders in smaller towns.
B.
Developing and strengthening legislation, policies and practices for
protecting defenders
1.
National legislation and policy
91.
A number of States have recently introduced legislation that provides a framework
for the protection and promotion of the work of human rights defenders. National
legislation can lead to a stable and coherent protection framework. Some States (Brazil,
Burkina Faso, Colombia, Côte d’Ivoire, Guatemala, Honduras, Mali, Mexico, the
Philippines and Sierra Leone) have recently introduced or are considering legislation or
decrees to protect defenders. In some cases, this legislation has come about through
collaboration between civil society and the Government. An international network of
defenders and civil society organizations are also developing a “model law” for the
protection of defenders.22 Legislation at the central, provincial and city levels may also be
useful where these levels of government have responsibility for defenders.
92.
Besides national legislation, some States have developed national policies
concerning defenders, usually concentrating on the role of their diplomatic representatives
abroad in supporting the work of defenders. These policies serve to refocus diplomatic
attention on the most vulnerable groups in a society and the defenders who promote their
rights. Other States have chosen to integrate their policies on defenders into their more
general periodic national plans of action on human rights. While general statements
recognizing the importance of defenders are useful, plans of action should contain concrete
commitments to achieve specific targets (for example, to train police officers about the
rights of defenders). In other States, the challenges of implementing these laws and policies
are addressed by strengthening accountability by establishing a regular review process or
appointing a minister responsible for human rights or an ombudsman to monitor its
implementation and to receive complaints.
2.
National protective mechanisms
93.
Several States (such as Brazil, Colombia and Mexico) have established protective
mechanisms to respond to the specific situation of defenders. These mechanisms are often
developed at the instigation of and in consultation with defenders, to overcome the
challenge of lack of clarity with regard to the government institution responsible for their
protection. Such mechanisms offer a centralized institution to monitor and report on the
situation of defenders and coordinate the response of the State to threats. In addition, they
can make recommendations to reform laws and policies that conflict with the rights of
defenders or place them at risk. In some cases, the laws creating the mechanisms also
require broader action by other State entities in order to mitigate risks (for example, public
statements by senior officials in support of defenders).
3.
Other State institutions
94.
As independent State entities, national human rights institutions have an important
role to play in the protection of defenders (see A/HRC/22/47). They support the creation of
22
International Service for Human Rights, “Developing a model national law to protect human rights
defenders”, 20 November 2013.
17
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