A/HRC/44/43/Add.2
created to provide women with basic health care and a procedure to submit complaints for
work-related abuses.
V. Human rights defenders and criminalization
66.
The Working Group met with numerous human rights defenders engaging in work to
defend the rights of communities and individuals – including land rights, rights to
environment and natural resources, and indigenous and women rights – affected by various
types of development and investment projects. A significant number of defenders are women,
who face additional risks because of their gender. The Working Group was impressed by the
active and engaged civil society actors operating throughout the country in the face of
systematic violations and abuses, most often committed with total impunity, which in turn
fuels more attacks against them.
67.
The Working Group did not see these people as criminals or anti-development
agitators but as peaceful and humble farmers, indigenous peoples and community members
who are genuinely worried about their natural resources and livelihood, and are demanding
a path towards development that benefits all. In this context, the Working Group reiterates
the call of the Special Rapporteur on the situation of human rights defenders for strong and
urgent action to ensure protection for those who defend the rights of others, including in the
context of business activities (see A/HRC/40/60/Add.2).
68.
The Working Group heard a significant number of stories and credible testimonies of
defenders who are at serious risk of attacks, including killings, criminalization, harassment
and smear campaigns because of their work to promote and protect human rights.
69.
The Working Group also received information of individuals associated with counterproject movements or perceived as such who had been depicted as criminals. Some had been
subjected to intimidation and arbitrary arrest, while others had been killed. Defamation
campaigns, including some spearheaded by high-ranking officials, in the media and social
media have accused defenders of receiving high salaries from civil society organizations to
conduct work that runs counter to the best interests of the community. This has contributed
to the stigmatization of defenders and their families, and exposed to a heightened risk of
violence and socioeconomic marginalization, including discrimination in their access to the
labour market and public services.
70.
According to information received, human rights defenders and community leaders
identified as having the power to mobilize are also systematically prosecuted through the
filing of allegedly ill-founded or improperly motivated criminal charges, such as for the crime
of land encroachment. Having to face criminal prosecution and lengthy legal proceedings
takes a significant toll on the financial and psychological resources of defenders, especially
women, and it is a tool used to intimidate and deter them from pursuing their legitimate work.
71.
The National Centre of Peasant Workers reported to OHCHR Honduras that, in 2018
alone, about 400 of their members had been prosecuted for land trespassing. Civil society
organizations also reported that the widespread use of criminalization tactics had been
draining their financial resources. It is troubling that the response of the State to the already
generalized use of the criminal offence of land encroachment was to increase its punishment.
In fact, through legislative decree No. 102-2017, the crime of land encroachment, when
committed by three or more people, automatically constitutes an organized crime offence,
with jurisdiction therefore transferred to national tribunals. This is an example of how
defenders are forced to travel long distances and leave their work and livelihood for extended
periods of time. Such hardships may well deter them from engaging in legitimate activities.
72.
Relevant authorities should establish effective mechanisms for close cooperation with
the Office of the Special Prosecutor for Human Rights and the Office of the Special
Prosecutor for the Protection of Human Rights Defenders, Journalists, Media Workers and
Justice System Actors in order to end the pervasive nature of attacks and threats. The Office
of the Attorney General should strengthen its capacity to investigate cases relating to
corporate crimes with a human rights dimension and develop a protocol for the investigation
of crimes against human rights defenders that take into account the risks inherent to the work
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