A/HRC/25/55
68.
The Special Rapporteur has observed a disturbing trend towards the criminalization
of activities carried out by unregistered groups. She believes that denial of registration is an
extreme measure curtailing the right to freedom of association; especially where activities
carried out by unregistered organizations carry criminal sanctions.
69.
The Special Rapporteur has also warned about restrictions on funding from abroad,
which have been introduced in a number of States. This leads to associations risking treason
charges, having to declare themselves “foreign agents” or having to seek prior approval to
fundraise. The Special Rapporteur is concerned that justifications for this, including the
prevention of money-laundering and terrorist-financing, are often merely rhetorical and that
the aim is restricting the activities of defenders.
70.
The Special Rapporteur continues to note with concern the prevalence of defamation
legislation, access to information laws and legislation on classification of information and
official secrets, which hinder the work of defenders. She warmly welcomes the initiatives
by a number of States to pass legislation that guarantees the right of access to information
held by public authorities, and protects those who disclose public interest information that
is relevant for the promotion and protection of human rights and those who report on
corruption by public officials.
71.
In this context, the Special Rapporteur welcomes the landmark resolution 22/6
adopted by the Council which provides significant guidance on creating a safe and enabling
environment for human rights defenders. In the resolution, States are urged to ensure that
reporting requirements placed upon organizations do not obstruct their autonomy and that
restrictions are not discriminatorily imposed on potential sources of funding other than
those laid down to ensure transparency and accountability, and according to the Special
Rapporteur, this should be done regardless of the geographic origin of funding.
Furthermore, States are called upon to combat terrorism and preserve national security by
adopting measures that are in compliance with international law and do not hinder the work
and safety of defenders. It further urges States to ensure that all legal provisions and their
application are clearly defined, determinable and non-retroactive so that the defence and
promotion of human rights is not criminalized.
72.
In addition to, and as a complement to, ensuring a conducive normative and
administrative framework, States should disseminate the Declaration widely. In line with
article 13 of the Declaration, human rights educational programmes, especially those
addressed to law enforcement and public officials, should include modules based on the
text that reaffirm the basic right to defend human rights and the role that human rights
defenders play in society. Enabling human rights defenders’ work also involves
periodically recognizing and informing populations about the rights and responsibilities of
all individuals to promote and protect human rights.
B.
Fight against impunity and access to justice for violations
against defenders
73.
During her mandate, one of the major and systematic concerns raised by the Special
Rapporteur in relation to violations against defenders is the question of impunity. In many
cases, complaints by defenders about alleged violations of their rights are not investigated
or are dismissed without justification. A State’s lack of investigation into violations could
be seen as condoning attacks against defenders and could nurture an environment where
further attacks are perceived as tolerated. The Special Rapporteur has repeatedly reiterated
that ending impunity is an essential condition for ensuring the protection and safety of
defenders.
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