A/HRC/25/55
Declaration (Tunisia, Ireland), its dissemination (Democratic Republic of the Congo,
Honduras, India, Togo), its translation into local languages (Armenia, Democratic Republic
of the Congo, India, Togo), and the familiarization with the Declaration by main
stakeholders (Armenia, Democratic Republic of the Congo, Tunisia).
IV.
Elements of a safe and enabling environment
for human rights defenders
54.
In line with the Declaration on Human Rights Defenders, the primary duty and
responsibility to promote and protect human rights and fundamental freedoms lies with the
State. This includes guaranteeing the right of everyone, individually and in association with
others, to promote and strive for the protection and realization of human rights and
fundamental freedoms at the national and international levels (art. 1). Thus, States have the
obligation to undertake the required steps to create all conditions necessary, including in the
political and legal domains, to ensure that everyone under their jurisdiction can enjoy all
those rights and freedoms in practice (art. 2), including the right to promote and defend
human rights.
55.
The State has a duty to protect those who work for the promotion and protection of
human rights defenders under their jurisdiction, regardless of the status of the alleged
perpetrators, from any violence threats, or any other arbitrary action as a consequence of
the legitimate exercise of their work (art. 12). The State’s duty to protect the rights of
defenders from violations committed by States and non-State actors is derived from each
State’s primary responsibility and duty to protect all human rights.
56.
From the Declaration, the Special Rapporteur believes that the main responsibility
for ensuring that defenders can enjoy a safe and enabling environment lies with the State as
the main duty-bearer. However, she considers that the role, responsibilities and behaviour
of relevant stakeholders need to be taken into account.
57.
The mandate has repeatedly addressed the great risks and challenges that defenders
face due to their work. The Special Rapporteur regrets to say that defending rights and
speaking up against violations and abuses still remains a dangerous activity.
58.
Defenders and their families are intimidated, harassed, subject to surveillance,
threatened, attacked, arbitrarily arrested, criminalized, tortured and ill-treated in detention,
subject to enforced disappearances, and sometimes killed. State and non-State actors are
involved in the commission of these acts and impunity tends to prevail when it comes to
attacks and violations against defenders. Investigations are excessively protracted, due
process is not always guaranteed and perpetrators are often not held accountable.
59.
During her tenure, the Special Rapporteur has seen the space for civil society and
defenders visibly shrink in certain regions of the world. She has also observed the
consolidation of more sophisticated forms of silencing their voices and impeding their
work, including the application of legal and administrative provisions or the misuse of the
judicial system to criminalize and stigmatise their activities. These patterns not only
endanger the physical integrity and undermine the work of human rights defenders, but also
impose a climate of fear and send an intimidating message to society at large.
60.
The defence and promotion of human rights is a legitimate and courageous activity
which is necessary to ensure that communities can fully enjoy their entitlements and realize
their potential. Defenders can play a key role in safeguarding democracy and ensuring that
it remains open, pluralistic and participatory and in line with the principles of rule of law
and good governance. Defenders should be able to carry out their activities in an
environment that empowers them to defend all human rights for all.
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