A/HRC/43/51
channel their advocacy. Joint human rights programming includes efforts to empower civil
society and strengthen the State’s capacity to play its role.63 In several contexts, these often
still ad hoc protection initiatives are in the process of becoming fully fledged strategies in
line with OHCHR efforts to expand civic space. The Special Rapporteur calls for additional
United Nations initiatives to support defenders’ engagement at the international level and to
raise the awareness of Governments, de facto authorities and other stakeholders on their
important role and legitimacy and their right to operate in conflict and post-conflict
contexts.
57.
United Nations humanitarian aid, peacekeeping and peacebuilding operations can
strengthen the protection and support afforded to defenders. While a number of peace
operations have the protection of human rights defenders in their mandate, 64 not all do.
Current efforts with respect to women rights defenders under the women, peace and
security agenda and Member States’ national action plans and at the Peacebuilding
Commission level65 can certainly also be stepped up. The full inclusion and participation of
women, including women human rights defenders, has indeed yet to be achieved. 66 The
Special Rapporteur urges States and United Nations envoys and agencies operating in
conflict and post-conflict areas to recommit to this agenda.
58.
The United Nations system must do more to tackle impunity. In its resolutions, the
Security Council has increasingly referred to the situation of defenders, 67 beginning to
bridge a gap long identified by the Special Rapporteur. 68 Existing United Nations sanctions
committees deem attacks against peacekeepers and humanitarian personnel 69 and
sometimes on hospitals and schools, and general violations of human rights and
humanitarian law or acts undermining peace and security as criteria for listing. However,
this approach is not taken systematically and, while including such criteria may provide a
basis for imposing sanctions against those responsible for violations of defenders’ rights,
this has yet to materialize in practice.70 For sanctions committees to move towards placing a
greater focus on defenders in practice would seem consistent with progress made in
resolutions and the mandates of peace operations. Bringing perpetrators to account for war
crimes against defenders must also remain on the agenda of the United Nations and others.
Convictions by the International Criminal Court to date show international attacks directed
against personnel involved in humanitarian assistance missions have yet to be made a
priority.
Beyond the United Nations system
59.
Other international institutions must take a deeper look at their role and
responsibility in protecting and supporting defenders they work with or rely on in conflict
and post-conflict situations, or those who may raise human rights concerns in relation to the
projects they conduct or finance. The International Criminal Court adopted guidelines
governing its relations with “intermediaries” in 2014, 71 and States parties to the Rome
Statute have repeatedly acknowledged the importance of taking all necessary actions to
address the threats directed at civil society organizations cooperating with the Court. 72 Still,
it is unclear to what extent those guidelines have been reviewed and to what extent the
practices of the Court’s different organs have been adjusted and harmonized. Development
banks with projects in peacebuilding and post-conflict settings, including in fragile States,
63
64
65
66
67
68
69
70
71
72
A/HRC/42/62, paras. 38–39.
E.g., Security Council resolutions 2459 (2019), para. 7, and 2463 (2019), para. 29 (i) (a).
A/72/707-S/2018/43, paras. 59–61.
A/HRC/39/28; UN-Women, Women’s Meaningful Participation in Negotiating Peace and the
Implementation of Peace Agreements (New York, 2018), p. 4.
Security Council resolution 2286 (2016).
A/58/380, para. 40.
E.g., Security Council resolutions 2127 (2013) and 2206 (2015).
Security Council consolidated sanctions list.
www.icc-cpi.int/iccdocs/lt/GRCI-Eng.pdf.
Assembly of States parties’ resolution ICC-ASP/17/Res.3; International Criminal Court, Report on
Preliminary Examination Activities (2016), para. 144.
17
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