A/HRC/25/55
Specific challenges of groups at risk
90.
Throughout her mandate, the Special Rapporteur has highlighted the need to pay
particular attention to addressing the needs of human rights defenders who face
extraordinary risks due to the work that they do and the contexts in which they operate. In
this connection, the Special Rapporteur has focused on the situation of selected groups of
human rights defenders who are at particular risk of violations, including judges and
lawyers; journalists and media workers; trade unionists; youth and student defenders, those
working on sexual orientation and gender identity; and defenders working on environment
and land issues (A/HRC/19/55).
91.
The Special Rapporteur is appalled that journalists and media workers are targeted
because of their reports on human rights violations or because they have been witness to
human rights violations. They are particularly exposed to violations in contexts such as
armed conflicts, post-conflict situations and situations of unrest in connection with a coup
d’état or contested elections. In many countries, legal frameworks are used to restrict
journalists’ and media workers’ activities. The Special Rapporteur is concerned that
restrictions on media and press freedom and impunity could foster a climate of
intimidation, stigmatization, violence and self-censorship.
92.
With regard to youth and student defenders, the Special Rapporteur is concerned
about how youth is perceived in society. Often, their young age and alleged lack of maturity
are used as grounds for not giving them a say in public affairs. The Special Rapporteur
regrets that there is a trend in many countries of passing legislation that prohibits young
people from participating in public assemblies. Other legislative moves pertain to the
Internet, social media and instant messaging, which are increasingly subject to control by
Governments.
93.
Another group that also faces a high risk of violations are defenders working on land
and environmental issues in connection with extractive industries and construction and
development projects. Violations in this regard generally occur in the context of land
disputes, where the perpetrators are both State and non-State actors. As a response to these
trends, the Special Rapporteur argues that a rights-based approach to large-scale
development projects could contribute to creating and consolidating a safe and enabling
environment for defenders who operate in this context. She has also stressed the need: for
transparency and access to information; for protection, which should be provided to
affected communities and those defending their rights in this context; and to ensure
accountability of duty-bearers and access to appropriate remedy. The Special Rapporteur
considers that the Guiding Principles on Business and Human Rights, based on the due
diligence framework, are an essential reference and tool for States and other stakeholders
involved in the context of business operations and the respect for basic rights and freedoms.
94.
Communities and those defending their rights should be able to participate actively,
freely and meaningfully in assessment and analysis, project design and planning,
implementation, monitoring and evaluation of development projects. Defenders working
with local communities can play a crucial role in facilitating communication between the
communities and those responsible for the policy or project. Defenders can be instrumental
in advancing development, and can ensure that dialogue is used to reinforce social cohesion
and pre-empt conflict and the radicalization of positions. This can contribute significantly
to defusing tensions between duty-bearers and local communities, which in turn would and
could be a first step towards enhancing the protection of rights holders.
95.
Defenders can also play a crucial role as members of teams conducting human rights
impact assessments, taking part in formal multi-stakeholder oversight mechanisms and
mediation and grievance mechanisms, and as independent watchdogs monitoring the
implementation of large-scale development projects. The Special Rapporteur remains
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