A/HRC/4/37
page 19
80.
Often the national legal framework is weak in terms of regulating ESCR. The Special
Representative noted after her visit to Nigeria in 2005 that land laws, especially tended to protect
the interests of the oil and gas companies over community interests (E/CN.4/2006/95/Add.2,
para. 77). This is one of the factors that can lead to defenders working in any field of ESCR,
being seen as challenging the economic or social policies adopted by States as a model for
development, rather than being seen as defenders aiming for the implementation of international
commitments and internationally recognized human rights.
81.
Furthermore, the Special Representative has been informed that there is often a lack of
redress mechanisms available to defenders and communities to ensure the effective protection
and justiciability of their ESCR. This makes the work they do to promote and protect these
rights even more valuable and important.
82.
As described in some of the above subsections, defenders have been the victims
of different sorts of attacks and threats from State authorities and non-State groups. Since
the establishment of the mandate, the Special Representative has acted on cases of at
least 241 defenders working for ESCR who have been killed. Most of these incidents have taken
place in countries of Latin America, notably in Brazil, Colombia, and Mexico. In the report after
her visit to Guatemala in 2002, the Special Representative noted that it was alleged that members
of private security firms, with the participation or acquiescence of the National Civilian Police
(PNC), were responsible for some of the killings of defenders active in the work to promote and
protect land rights and labour rights (E/CN.4/2003/104/Add.2, para. 43). Also in her report on
her visit to Thailand, the Special Representative expressed deep concern over numerous cases of
alleged or attempted murder of defenders representing hill tribes and labour rights movements
(see E/CN.4/2004/94/Add.1).
83.
In several communications and in her reports after official country visits, the Special
Representative has expressed concern over alleged collusion between local or national
authorities and the private sector, which have led to violations against defenders working on
ESCR. In her mission report on Thailand, the Special Representative expressed concern over
such collusion in attacks and threats against defenders addressing environmental issues, labour
rights and land rights (E/CN.4/2004/94/Add.1). Also, in her report on Guatemala, the Special
Representative reported that defenders had told her that there were indications that clandestine
groups were involved in attacks against defenders. It was alleged that these groups were linked
to the security forces, in particular military intelligence (E/CN.4/2003/104/Add.2, para. 85).
84.
The Special Representative would like to refer to her report to the sixtieth session of
the General Assembly, which dealt with the right to freedom of association in relation to the
activities of human rights defenders (A/60/339 and Corr.1), and to her report to the
sixty-first session of the General Assembly, which dealt with the issue of freedom of assembly in
relation to the work of defenders (A/61/312), and she would like to emphasize that the
conclusions and recommendations contained therein, as well as in all her other reports, should be
considered as equally applicable to all human rights defenders, including those working to
promote and protect ESCR.
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