A/HRC/43/51
should similarly review their responsibilities in preventing and responding to the reprisals
defenders claim they face when activating their grievance mechanisms. The stakes are high
and positive steps must be replicated and followed through. 73 Additional resources must be
allocated within the United Nations system and independent human rights institutions to
monitor their own policies and practices.
60.
In closing, the Special Rapporteur wishes to draw the attention of all stakeholders,
starting with States (as contributors to the field operations of United Nations agencies) but
also United Nations agencies, international donors and NGOs, to the existence of yet
another ongoing challenge: the excessively short-term or declining support for defenders
and the shifting priorities in funding and partnerships that affect them. In several contexts
and conflict-affected countries, funding for emergency humanitarian responses that often
lack a human rights-based programming approach tend to be prioritized to the detriment of
critical human rights initiatives carried out by local defenders.
VI. Conclusion and recommendations
61.
The Special Rapporteur is alarmed by accounts from defenders describing
wide-ranging and cumulative violations of their rights, in particular their right to
defend human rights in conflict and post-conflict settings. Many point to a steady
deterioration over recent years, with scores of fellow defenders displaced or in exile.
They demand greater recognition for their work and their contribution to peace and
sustainable development. They demand greater engagement from the international
community to address the threats they face. They also call for greater support in
strengthening their own capacity to respond and in building networks of solidarity.
62.
The Special Rapporteur reiterates his recommendations to States to enact
legislation and policy frameworks consistent with international law standards and
guidance on key rights for defenders and to take all necessary measures to tackle
impunity. 74 Ensuring wider respect for international law by the parties to armed
conflicts and, in general, by States and non-State actors remains key for the effective
protection of human rights defenders. At the same time, protection will continue to
require context-specific approaches. The following recommendations should be read
as complementary and non-exhaustive.
63.
All stakeholders should publicly acknowledge the critical role that defenders
play in conflict and post-conflict contexts and step up efforts to support defenders and
their organizations targeted with disinformation and smear campaigns.
64.
States and, for the recommendations in subparagraphs (a) and (c) below, de
facto authorities should:
(a)
Uphold respect for human rights and international humanitarian law,
including peremptory and customary norms, securing the protection and operations
of defenders, including journalists, humanitarian workers, health and education
professionals and those assisting internally displaced persons and refugees;
(b)
Become parties to international human rights and international
humanitarian law instruments of direct relevance, such as the International
Convention for the Protection of All Persons from Enforced Disappearance, and
endorse and follow through on relevant initiatives;75
(c)
Uphold respect for the right of defenders to communicate with
international human rights mechanisms, including by inviting special procedure
73
74
75
18
www.cao-ombudsman.org/documents/CAO-Reprisals-web.pdf; European Bank for Reconstruction
and Development, “Retaliation against civil society and project stakeholders” (2019); A/HRC/42/30,
para. 11.
A/HRC/31/55, para. 113; A/74/159, para. 147.
E.g., Safe Schools Declaration; Guidelines for Protecting Schools and Universities from Military Use
During Armed Conflict.
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