A/HRC/31/55
many guises (physical, psychological, economic and social) and may be conditioned by the
interaction of multiple factors, including poor governance, absence of the rule of law, an
upsurge in religious and political intolerance and fundamentalism, or tensions over
development issues. Numerous actors (political, economic, religious, State or non-State)
may be involved, by act or omission, in committing violations against defenders. The
situation is made more volatile owing to an increase in repressive laws and regulations
designed to delegitimize and criminalize human rights activities of defenders, including by
restricting their funding or obstructing their activities with burdensome bureaucratic
requirements tape. A number of counter-terrorism and security policies introduced by
States have posed new challenges to defenders, including new restrictions on their
individual freedoms and increasing the risks that they face (ibid., paras. 35-39).
26.
The appeals received by the Special Rapporteur point to cases of how the rights and
security of defenders have increasingly been disregarded and indeed endangered in
numerous ways (see A/HRC/31/55/Add.1). Defenders have been stigmatized, defamed and
ostracized. They have been threatened, harassed and subjected to surveillance. They have
been assaulted, raped, murdered and made to disappear. They are often subjected to
arbitrary arrest and detention, accused and sentenced on false charges. They have been
subject to laws and regulations that impinge on their rights, in particular their right to
freedom of expression, association and movement.
27.
Some activists face greater and more specific risks than others (see A/HRC/16/44,
A/HRC/19/55 and A/70/217, paras. 61-77). Defenders who challenge social and cultural
norms, do not fit stereotypes and prescribed roles, or who challenge power structures in
society – such as defenders of sexual orientation and gender identity rights, women
defenders, and defenders working on the rights of minorities and indigenous people – are
often stigmatized and subjected to threats and attacks from members of society because of
who they are or what they do. Defenders in conflict zones and in occupied territories are
also more vulnerable to continuous insecurity and threats. Protection practices must
therefore be gender-sensitive and suited to the specific needs and situations of such
defenders at risk.
28.
The Special Rapporteur is furthermore concerned about the rising challenge posed
by the closing of civil society space in many parts of the world. In that context, he notes
with apprehension the recent trend of restrictive legislation aimed at curtailing civil society
activities and their funding in more than 90 States, and the measures taken to restrict
significantly the freedoms of expression, peaceful assembly, association and movement in
more than 96 States.3 The causes for the closing of civil society space are complex and may
involve a combination of multifaceted factors, such as a global democratic deficit; an
increase in the State’s preoccupation with security and the proliferation of counter-terrorism
measures; a rise in ideological and religious fundamentalism; or a reaction by the political
elite to the power of civil society and its impact on domestic politics. 4
29.
The Human Rights Council has equally expressed its concern at the abovementioned developments. In its resolution 27/31, urged States to create and maintain, in law
and in practice, a safe and enabling environment in which civil society could operate free
from hindrance and insecurity. It also mandated OHCHR to prepare a compilation of
practical recommendations for the creation and maintenance of such an environment, and to
3
4
6
See CIVICUS, Civil Society Watch Report, June 2015.
CIVICUS and Human Rights Watch, “Closing Civil Society Space” gathering, 14-15 October 2015,
summary report.
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