A/HRC/13/22
established in October 2009 at the fifteenth ASEAN summit in Phuket, Thailand. A
political declaration, laying down guidelines on how to further strengthen the mandate and
functions of the Commission, will be drafted by a high-level panel.
95.
The Special Rapporteur welcomes the establishment of the ASEAN
Intergovernmental Commission on Human Rights and looks forward to the Commission
functioning as a monitoring body, working effectively for the promotion and protection of
the rights of human rights defenders and taking into account their security and protection
needs.
(c)
Council of Europe
96.
On 6 February 2008, the Committee of Ministers adopted the Declaration on
Council of Europe action to improve the protection of human rights defenders and promote
their activities. The declaration details State obligations and lists some examples of
protection measures that could be taken. It also strengthens the role of the Commissioner
for Human Rights of the Council of Europe in protecting and supporting human rights
defenders. The declaration reiterates the obligations of Council of Europe member States to
“provide measures for swift assistance and protection to human rights defenders in danger
in third countries, such as, where appropriate, attendance at and observation of trials and/or,
if feasible, the issuing of emergency visas”. Furthermore, the European Court of Human
Rights can also grant provisional measures.17
97.
The Special Rapporteur encourages the Council’s Commissioner for Human Rights
to ensure that the declaration is fully implemented and that follow-up strategies are
developed in this regard. In addition, coordination of efforts and action should be envisaged
by the European Union and the Council and their respective member States to avoid
duplication.
(d)
Inter-American Commission on Human Rights
98.
Article 25 of the rules of procedure of the Inter-American Commission on Human
Rights enables the Commission, on its own initiative or at the request of a party, to request
that a State adopt precautionary measures to prevent irreparable harm to persons. Many
defenders in Latin America benefit from such measures and the Commission is publicizing
the granting of such measures to raise awareness of the situation of a particular defender
and therefore contribute to his/her protection. The Commission may also request that the
Court order “provisional measures” in urgent cases which involve danger to persons, even
where a case has not yet been submitted to the Court.
99.
The Commission has also created a specific unit within the Office of the Executive
Secretary to coordinate its activities in this field. The Human Rights Defenders Unit liaises
with human rights organizations and members of civil society, as well as State bodies
responsible for human rights policies in each member State. The unit can also encourage
the Commission to adopt any precautionary measures or measures of any other kind that the
Commission deems appropriate, in order to protect threatened human rights workers in the
region.
(e)
European Union
100. The revised European Union Guidelines on Human Rights Defenders, adopted by
the European Council in 2008, suggest practical measures for European Union member
States to support and protect human rights defenders. The guidelines give examples of
17
GE.10-10012
European Court of Human Rights, Rule 39 of the Rules of Court (2009).
17
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