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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