A/HRC/25/55
most of these institutions have advisory functions. Governments should therefore work
proactively to implement these recommendations, and follow-up should be tracked and
evaluated.
D.
Effective protection policies and mechanisms, including public support
for the work of defenders
84.
The Special Rapporteur has advocated for the use of public policies and specific
institutional mechanisms to provide protection when it is considered necessary to guarantee
a safe and enabling environment for defenders.
85.
During her tenure, the Special Rapporteur has focused extensively on the security
challenges faced by human rights defenders in the conduct of their activities and has issued
recommendations regarding the development of protection programmes (A/HRC/13/22).
She has repeatedly underlined that the State has an obligation to protect human rights
defenders, investigate violations and prosecute the perpetrators. This obligation extends to
acts and omissions of non-State actors.
86.
In an attempt to delegitimize their work and activities, defenders are often branded
enemies of the State or terrorists. This stigmatization makes defenders even more
vulnerable to attacks, especially by non-State actors. Therefore, as part of protection policy,
it is of crucial importance that the work and role of defenders be publicly acknowledged by
State officials at the highest level. The Special Rapporteur believes that a public
acknowledgment of defenders’ work could contribute to providing their work with due
recognition and legitimacy.
87.
The Special Rapporteur is very pleased to note that, in Council resolution 22/6,
States are urged to create a safe and enabling environment where human rights defenders
can operate free from hindrance and insecurity. States are also urged therein to publicly
acknowledge the legitimate role of human rights defenders and the importance of their
work.
88.
The Special Rapporteur has presented a set of guidelines that she believes are
essential for the development of protection programmes. Firstly, human rights defenders
should be consulted throughout the setting up or review of protection programmes and the
structure of such programmes should be defined by law. Protection programmes should
include an early warning system in order to anticipate and trigger the launch of protective
measures. It should also assess the safety of the defenders’ family members and relatives.
Security and law enforcement officials involved in protection programmes should receive
specific training on human rights and gender issues. The physical protection of defenders
should not be outsourced to third parties unless these have received specific training.
Furthermore, adequate financial resources should be allocated to protection programmes.
89.
As an example of a good practice, the Special Rapporteur commends the adoption of
a law and creation of a protection mechanism for defenders and journalists in Mexico in
2012. The law provides a legal basis for the coordination between the government agencies
responsible for the protection of defenders and journalists. It defines an extraordinary
process for emergency response in less than 12 hours. It also includes collaboration
agreements with state-level governments in order to ensure their participation in the
mechanism. Furthermore, it establishes a complaints procedure and ensures that public
officials who do not implement the measures ordered by the mechanism will be legally
sanctioned. The new mechanism also ensures the participation of civil society organizations
in its decision-making processes and guarantees the right of the beneficiary to participate in
the analysis of his/her risk and the definition of his/her protective measures.
14
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