A/HRC/25/55
74.
States should ensure prompt and independent investigation of all violations against
defenders, and the prosecution of alleged perpetrators regardless of their status. They
should also ensure for victims of violations access to just and effective remedies, including
appropriate compensation. The provision of an effective remedy should be understood as
access to judicial and administrative or quasi-judicial mechanisms. Investigation and
prosecution should rest on an effective and independent judiciary.
75.
States should also implement the interim measures of protection granted by
international and regional human rights mechanisms to defenders.
76.
Unfortunately, in many instances, weaknesses in the judicial system and flaws in the
legal framework have deprived defenders of adequate tools for seeking and obtaining
justice. Therefore, strengthening the judiciary and making sure that it can operate
independently and effectively should be a priority for States.
C.
Strong, independent and effective national human rights institutions
77.
As part of the institutional architecture of the State, the Special Rapporteur has
underlined the key role that national human rights institutions can play in ensuring a safe
and conducive environment for defenders (A/HRC/22/47). National human rights
institutions that comply with the Paris Principles are in a unique position to guide and
advise Governments on their human rights obligations, and ensure that international
principles and standards are adequately incorporated into domestic law and mainstreamed
into public policies.
78.
During her mandate, the Special Rapporteur has on numerous occasions addressed
violations against national institutions, their members and staff, ranging from attacks,
threats and intimidation, to harassment and stigmatization in connection to their human
rights work. She has expressed grave concern that such constraints and challenges can
seriously undermine the independence, efficiency, credibility and impact of these
institutions. She has also urged States to protect by law and publicly support national
institutions, and their members and staff when necessary.
79.
The Special Rapporteur has also emphasized that national human rights institutions
can play a crucial role in the protection of human rights defenders. Evidence shows that
when the mandate of national institutions includes competence to investigate complaints
and provide effective protection, they can play a leading role in cases where States’ judicial
systems are unable or unwilling to adjudicate on alleged violations against defenders.
80.
The Special Rapporteur has also strongly recommended that national institutions
have a designated focal point for human rights defenders with responsibility to monitor
their situation, including risks to their security, and legal and other impediments to a safe
and conducive environment for defenders.
81.
The role of national institutions in monitoring legal and administrative frameworks
which regulate the work of defenders was highlighted in Council resolution 22/6, adopted
in March 2013. This landmark resolution underlines the important role of these institutions
in monitoring existing and draft legislation, and informing States about the impact or
potential impact of legislation on the work of defenders.
82.
In addition, national institutions could play an important role in disseminating
information about protection programmes for defenders, where they exist, and ensuring that
defenders are closely involved in the design, implementation and evaluation thereof.
83.
The Special Rapporteur believes that, in order to ensure the credibility of the work
of national institutions, Governments must be responsive and ensure adequate follow-up
and implementation of their recommendations. This is particularly important given that
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents