A/HRC/22/47
102. The Special Rapporteur has received disconcerting information that upon receipt of
complaints, notably in relation to peaceful protests by human rights defenders, certain
national institutions have deemed such complaints inadmissible on grounds that the
activities undertaken by defenders were unlawful. The Special Rapporteur wishes to stress
that international standards should be the guiding principles for national institutions. In this
connection, as long as activities are conducted peacefully and in defence of human rights,
national institutions should intervene on behalf of defenders.
E.
Visits to prisons and detention centres and provision of legal assistance
103. Numerous national institutions are mandated to conduct visits to prisons and
detention centres. The Special Rapporteur considers as good practice the ability of such
institutions to conduct visits without prior authorization. Notably, in cases where human
rights defenders are detained or imprisoned, national institutions should be able to access
them without restrictions. Information sharing is important in this context between
defenders and national institutions. Defenders should notify national institutions if they
believe they are persecuted and face charges as a result of their peaceful activities in
defence of human rights.
104. The Afghanistan Independent Human Rights Commission reported that in addition
to visiting human rights defenders in detention, the institution is in a position to provide
them with free legal assistance through cooperation with the Afghanistan Bar Association.
The Special Rapporteur finds this initiative highly commendable and recommends its
replication in other countries.
105. The Institution of the Human Rights Defender in Armenia has entered into formal
cooperation with NGOs specialized in monitoring of prisons and detention centres. Besides
strengthening cooperation between the national institution and civil society in this field, the
NGOs concerned are granted access to prisons, detention centres and other relevant
institutions. The Special Rapporteur notes that this is a useful way of enhancing
cooperation with regard to monitoring of prisons and places of detention, including in cases
where human rights defenders are detained.
F.
Conflict mediation
106. The Special Rapporteur receives information every year about disputes between
human rights defenders and Government authorities or other parts of society. Typically,
conflicts involve local governance issues, including land and environmental rights, as well
as labour conditions and workers’ rights.
107. The State Human Rights Commission in Campeche in Mexico reported that it had
intervened in several such conflicts to mediate between the parties, notably in relation to
land rights. The Institution of the Human Rights Defender in Armenia helped to diffuse
tension between protesters and the Government in a dispute over environmental issues,
resulting in a peaceful solution.
108. The Special Rapporteur notes that, as illustrated above, national institutions can play
a constructive role in such conflicts and confrontations between the Government and civil
society. With an appropriate mandate and working methods, national institutions can be a
facilitator and mediator in such processes because they are not part of the Government or
civil society.
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents