A/HRC/43/51
reportedly been intimidated by being subjected to prolonged border controls, security
checks and interrogations. Such realities, which are of ongoing concern, 46 seem to be
gaining in intensity. United Nations experts and representatives, including mandate holders
competent for monitoring certain country situations, have also been openly targeted,
including by the officials of States currently members of the Human Rights Council.
41.
The Declaration on Human Rights Defenders recalls defenders’ right to access and
communicate with international human rights mechanisms. Gaps in self-recognition as
defenders, lack of knowledge of these mechanisms and isolation from international
networks certainly limit the capacity of defenders to communicate. Still, obstacles too often
result from deliberate obstruction by States and non-State actors, including armed groups.
A number of States and de facto authorities in control of specific areas or territories
repeatedly deny access to United Nations special procedures, fact-finding missions and
commissions of inquiry or other monitoring human rights institutions and effectively
prevent defenders from engaging in-country, not only with such entities or mechanisms but
also with diplomatic missions.
42.
Defenders often experience reprisals after they have cooperated (or tried to
cooperate) on human rights issues with United Nations entities, mechanisms and
representatives, including during peace operations, with OHCHR field presences and with
institutions such as the International Criminal Court and the World Bank. Such reprisals
take the form of pre-emptive threats, travel bans, arbitrary detention, prosecution or threat
thereof, ill-treatment and torture, and extrajudicial execution. Reprisals, when State-led,
have sometimes extended beyond borders to Geneva and New York and to defenders’
countries of refuge, mobilizing intelligence and diplomatic services. These represent wider
efforts to deny defenders’ right to defend human rights and expose violations. They
continue to occur, despite the concerns expressed by the Special Rapporteur, the Assistant
Secretary-General for Human Rights and other United Nations institutions.47
V. Initiatives by States and civil society organizations and the
response of the United Nations
A.
States and public institutions
With other civil society organizations, we drafted a proposal for a law protecting
defenders. It’s been before Parliament for a year now, but still hasn’t been looked at.
(Defender, El Salvador)
43.
Few conflict-affected States have adopted specific legislation, guidelines or
protocols to protect defenders and secure their rights. Legislative processes in a number of
States need to be fast-tracked to secure legislation or decrees essential for effective
implementation. Whether adopted at the national or local level, such legislation must
promote a broad and inclusive definition of defenders.
44.
Protection units or mechanisms to protect defenders, where they exist, still need to
deliver. Ongoing challenges include accessibility, trust within the community of defenders
and reactivity, for instance to unlock funds and effectively relocate defenders. The ability to
have an impact also depends on adequate responses by law enforcement and judicial
institutions. The prospects of such institutions responding adequately remain limited, either
because they are absent or because of corruption and collusion with organized crime.
Protection measures must be designed with affected defenders and communities, to ensure
their suitability and the coverage of specific needs. Most protection schemes currently
available consist in short-term remedial actions with an individual focus, while preventive
and collective ones may be more effective alternatives. The Special Rapporteur is
concerned about reports of defenders placed under protection schemes who are then
46
47
A/58/380, para. 53; A/HRC/42/17, para. 72.
A/HRC/42/30.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents