20 years on from the adoption of the UN Declaration on Defenders: The protection of human rights defenders is non-negotiable
December 18, 2018 - On theoccasion of the 20th Anniversary of the UN Declaration on HumanRights Defenders, the universal and regional protection mechanisms call on the international community torenew its commitment to support and protect human rights defenders.
There can be no realisation of rights without the space to defend thoserights. Human rights defenders are the guardians of universally recognized rights, equality, freedoms andjustice, for all of us! The adoptionby consensus, two decades ago, of the Declaration on Human Rights Defenders[1]by the United Nations (UN) General Assembly set a milestone in universally recognisingthe essential and legitimate role played by human rights defenders around theworld.
We have seen an impressive growth of the human rights movement over thelast two decades, with activists in every corner of the world defending humanrights and fundamental freedoms, countering discrimination and marginalization,and promoting justice, the rule of law, democracy and development. The humanrights movement has never before been so global, vibrant, diverse and trulyuniversal as it is now. It has achieved important victories in all regions ofthe world.
Over the last two decades, we have also seen the creation of internationaland regional mechanisms, which we represent. They play an important role inpromoting the implementation of the UN Declaration on Human Rights Defenders andprotecting human rights defenders across countries and regions.
However, as we celebrate the achievements of human rights activism overthe last 20 years, today women, men and human rights defenders of other genders,including children human rights defenders, are ever more at risk.
Each day we witness a serious deterioration in the environment for humanrights defenders, at the same time as the consensus on the fundamentalrecognition that their rights need to be protected is vanishing.
We have seen laws being introduced in all of our regions that shrink thelegal and operational space for human rights defenders, breaching the legalobligations and political commitments of States to create and maintain anenabling environment for human rights defenders.
Human rights defenders are increasingly harassed, imprisoned, tortured, andeven killed because of their work. According to UN verified data, at least 1,019 humanrights defenders were killed in 61 countries across the world from 2015 to 2017.In the past 20 years, atleast 3,500 human rights defenders worldwidehave paid with their lives for defending the principles enshrined in theUniversal Declaration of Human Rights. Thesefigures do not fully reflect the magnitude of the violence faced by humanrights defenders globally. Thenumbers of killings and countries in which they take place have risen, whilethose responsible are rarely brought to justice. New challenges have also arisen,such as the lack of accountability of State and non-State actors, including privatecompanies, for attacks against defenders; threats to digital security and the privacyof human rights defenders; as well as pressure, intimidation and harassment ofhuman rights defenders online.
Human rights defenders are especially and systematically targetedin contexts of conflict or crisis,as well as when protecting migrants and refugees’ rights, land andenvironmental rights, in the context of the development of extractiveindustries, and in the name of national securityand the fight against terrorism. Smear campaigns and stigmatization remain commonly used to delegitimize humanrights defenders and undermine their work. Restrictiveenvironments are on theincrease, where defenders are working within legal frameworks that inhibit therights to freedom of association (including the right to access funding),expression and peaceful assembly.
Women human rights defenders are particularly restricted in their workas patriarchal and discriminatory norms and practices would like to see womenrelegated in the house rather than publicly active and outspoken, particularlyon equality matters. They are not only targeted for their human rights workbut also because of their gender and the social norms, traditions and genderstereotypes they challenge. They may be subject to rape and sexual violence,abuse and violence within their family and community, and their children andfamily members may also be targeted for their work. This is why they deserve special attention from ourvarious mechanisms.
We call on States to renew their commitment to protecthuman rights defenders. This must include the safeguard of the space for humanrights defenders to participate in the discussions on human rights in regionaland international fora. We further call on States to prevent, guarantee independent investigations into andsanction firmly all those responsible for threats and violations of human rightsdefenders’ rights, with the aim to prevent and fight against impunity, andespecially to protect human rights defenders’ lives, personal integrity and toensure that they are able to carry out their legitimate activities without anyhindrance or fear of reprisals. Insteadof stigmatisation, there needs to be stronger protection for human rights defenders worldwideand enhanced public recognition by the States of their legitimate and critical role for the promotion ofhuman rights and the rule of law.
As a follow-up to our meetings last July with UN counter-terrorism bodies at the invitation of theWorld Organisation Against Torture (OMCT) and the International Federation forHuman Rights (FIDH) in the framework of the Observatory for the Protection ofHuman Rights Defenders, we further call upon States to refrain from using security threats as a pretext to delegitimize andsilence civil society. We also call for strategies of the UNcounter-terrorism strategy to ensure that the principle of no harm applies toall measures promoted by the UN including by its anti-terrorism agencies.
On the occasion of the 20thAnniversary of the UN Declaration on Human Rights Defenders, and of the fifth anniversary of the General Assemblyresolution on women human rights defenders, Statesshould reiterate their support for human rights defenders ahead of thehigh-level panel discussion on human rights defenders at the UN GeneralAssembly on December 18, 2018.
Signatories:
· Michel Forst, United Nations (UN) Special Rapporteur on the Situation ofHuman Rights Defenders
· Rémy Ngoy Lumbu, Special Rapporteur of the African Commission on Human and People’s Rights(ACHPR) on Human Rights Defenders
· Francisco José Eguiguren Praeli, Rapporteur on Human Rights Defenders ofthe Inter-American Commission for Human Rights (IACHR)
· Dunja Mijatović,Council of Europe Commissioner for Human Rights
[1] Declaration on the Right and Responsibility of Individuals, Groups andOrgans of Society to Promote and Protect Universally Recognized Human Rightsand Fundamental Freedoms adopted by UN General Assembly Resolution 53/144 onDecember 9, 1998.