A/HRC/43/51
the armed groups in control of the areas where they operate. In some instances, defenders
are being arbitrarily arrested, detained and subjected to judicial harassment at
unprecedented levels through the misuse of antiterrorism, sedition, national security and
drug-related legislation. Multiple procedures and repeated adjournments of legal
proceedings are often used to maintain pressure.
As defenders, we are on the hit list. I had to relocate my family, limit my movements
within the country. I have to leave it periodically, return each time with a different
phone number. (Defender, Somalia)
30.
Impunity and failure to protect and provide effective remedy still prevail in several
conflict and post-conflict situations, most notably where international scrutiny is limited or
absent. Extrajudicial killings of defenders often remain unresolved and threats, including
those carried out online, remain unaddressed. Individual defenders have been suspected of
fabricating the threats they have sought to report and it has been suggested that they find
and rely on their own protection solutions or simply terminate their activities. Failure to
conduct independent and transparent investigations on wider violations of international law,
including humanitarian law, persist. Those launched, including in contexts of occupation,
often prove manifestly selective or limited in scope, are discontinued or excessively
prolonged, or lead systematically to decisions not to prosecute or to acquittals. For some
defenders, turning to public authorities for protection is simply not an option.
31.
The Special Rapporteur has recently addressed the question of impunity. 42 In
conflict and post-conflict situations, emergency laws and other exceptional provisions often
limit judicial oversight and restrict options to challenge the actions of the authorities,
including law enforcement and armed forces, while State actors, most notably the security
forces, often remain major perpetrators of violations of human rights and humanitarian law
against defenders. Such violations often occur where no reliable protection mechanism can
be activated by defenders and where awareness of defenders’ rights and the legitimate
nature of their work is excessively limited, including among the authorities. This situation
needs to be urgently remedied.
B.
Impacts on defenders, societies and the international community
The major challenge for me now is to remain in my region despite the threats and
challenges, and continue to stand for the rights of our communities. This cannot be
done if I leave. (Defender, Mali)
32.
Repeated and systematic attacks on defenders in conflict and post-conflict situations
have far-reaching consequences and impacts. They affect their physical and mental health
and undermine their ability to work. Many of them have had no choice but to shut down
their organizations and end their activities. Others must continuously censor themselves,
work undercover or drastically downplay some of their advocacy. Considerable time and
resources of organizations and individuals are diverted in order to ensure defenders’ own
security and that of colleagues or family, and to deflect attacks. Forced relocations, whether
temporary or permanent, push many to remote urban centres, the capital, sometimes away
from occupied areas or even beyond national borders. Many lose their regular job or are
unable to secure employment because of judicial harassment. This reality is still overlooked
and must be taken into account when designing protection and support programmes.
33.
The broader consequences and impact on societies must be highlighted. Several
countries in conflict and post-conflict situations that a few years ago had witnessed an
expansion of civil society have since seen that course reversed. Reporting on human rights
violations, access to support services for victims and international attention and scrutiny
into these areas is declining. Attacks and human rights violations perpetrated against
journalists, limit access to independent and reliable information. In areas of active
hostilities, humanitarian organizations must sometimes withdraw, leaving civilians without
essential assistance. In post-conflict contexts, intimidation of defenders perpetuates mistrust
42
10
A/74/159.
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