A/HRC/43/51
conflict and post-conflict contexts. Similarly, multi-stakeholder initiatives concerning
teachers, educational personnel and health workers in conflict zones are also gaining
momentum. 54 These are welcome steps, even though they sometimes fail to identify
defenders specifically or to capture the full range of violations against them and their
operations. More can certainly be done to systematically pay attention to and support
defenders system-wide.
53.
United Nations treaty bodies are increasingly addressing the situation of defenders in
conflict and post-conflict settings, including when reviewing States’ compliance with their
international obligations.55 The Secretary-General56 and the Human Rights Council too have
devoted particular attention to defenders and, notably, to the safety of journalists,57 which
has led to a specific plan of action.58 A number of commissions of inquiry and fact-finding
missions have also called for greater attention to be paid to defenders, who have been
identified as being among the most exposed to violations in certain contexts. 59 In-depth
thematic reporting by OHCHR has also greatly contributed to this trend. 60 Reprisals receive
a more systematic response, engaging all institutions, representatives and mechanisms. 61
The Special Rapporteur, jointly with others, has sought to address these and other attempts
to delegitimize and criminalize the human rights work of civil society organizations and
defenders.
Prevention, protection and support measures
54.
OHCHR has issued training manuals for field offices and relevant guidance on the
protection of victims, witnesses, sources and others cooperating with fact-finding missions
or commissions of inquiry. 62 The Special Rapporteur wishes to stress the challenge of
ensuring that the principles of doing no harm and due diligence are applied consistently by
United Nations representatives, mechanisms and entities, including the Security Council.
The lack of secure means and channels of communication between the United Nations and
defenders needs urgent attention as well as new thinking, resources and training for all to
avoid interceptions and further exposure.
The work of OHCHR has been fundamental. Up to a point where it is sometimes
thanks to it that we are still alive. Their work tends to be undermined as well.
(Defender, Guatemala)
55.
United Nations field presences, including missions and OHCHR field offices in
conflict and post-conflict settings, are often key, if not the only, interlocutors for assisting
and supporting defenders at risk. They provide legal, psychological and other forms of
support to many, including through referrals and grants to NGOs. They liaise with national
and international NGOs to provide protection and services, also for relocation. Their efforts
extend to making direct interventions with the authorities on individual cases, briefing the
diplomatic community on defenders’ situation and monitoring judicial trials. They also
facilitate peer training on safety and security and develop protection manuals and online
resources.
56.
United Nations missions and OHCHR field offices often also support defenders’
work by building their capacity to monitor human rights. They facilitate the participation of
defenders in meetings held in Geneva and New York and in other international forums and
54
55
56
57
58
59
60
61
62
16
Global Coalition to Protect Education from Attack; Safeguarding Health in Conflict Coalition.
Committee on the Elimination of Discrimination against Women, general recommendation No. 30,
para. 6; Human Rights Committee, general comment No. 36, para. 53.
A/74/314.
A/HRC/39/23; A/72/290.
United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity.
A/HRC/33/37, paras. 78–88.
OHCHR, “The invisible boundary: criminal prosecutions of journalism in Myanmar” (11 September
2018).
A/HRC/42/30.
OHCHR, Training Manual on Human Rights Monitoring (New York and Geneva, 2001); OHCHR
(2015), Commissions of Inquiry and Fact-finding Missions on International Human Rights and
Humanitarian Law: Guidance and Practice (New York and Geneva, 2015), pp. 74–78.
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