The Human Rights Council should act as a sounding board for global efforts to protect human rights defenders
Aroundthe world, human rights defenders are increasingly stigmatized,intimidated, threatened, and subjected to multifaceted repression,from judicial harassment to arbitrary arrest and detention. As civilsociety space is shrinking and laws restricting freedoms ofexpression, association and peaceful assembly multiply, includingunder the guise of national security and counter-terrorism, stateauthorities legitimize the targeting of human rights defenders,sometimes by portraying them as “foreign agents” or “enemies ofdevelopment.” As a result, human rights defenders suffer not onlyabuses of power but also attacks against their physical integrity.And some pay the ultimate price – torture, disappearance orassassination – for pursuing their activities.
Asdocumented by the Observatoryfor the Protection of Human Rights Defenders,a joint programme of FIDHand OMCT,the scale of attacks against economic, social and cultural rights(ESCR) defenders, in particular land rights defenders, is worrying,as is the widespread impunity in relation to these attacks. Forseveral years, the Observatory has made this matter a priority areafor action. In 2014, it published“WeAre Not Afraid,”a comprehensivesurvey of attacks against land rights defenders in order to raise thealarm on their situation and to call for concerted action as well asstrengthened mechanisms to protect them at the national, regional andinternational levels.
Asthe 31stsession of the Human Rights Council (HRC 31)is about to open, FIDH and OMCT call on member and observer states ofthe Council to work towards the adoption of a strong resolution oneconomic, social and cultural rights defenders, which would interalia:
-Highlight the legitimate work carried out by human rights defenders,including those working to promote and protect economic, social andcultural rights, and the need for their protection from harassment,repression and attacks from state and non-state actors;
-Denounce the impunity that prevails with regard to these attacks, andurge states to hold those responsible to account, provide victimswith effective remedies, and create and maintain a safe and enablingenvironment for civil society and human rights defenders as well ashuman rights advocacy;
-Enshrine the principle ofconsultation with affected populations prior to carrying outdevelopment projects, and their free, prior and informed consent(FPIC), as well as the need to conduct a human rights impactassessment (HRIA) prior to the start of any business operation thatis likely to have an effect on the enjoyment of any human right, andhighlight the essential role of human rights defenders asinterlocutors of their communities;
-Urge states to adopt effectivelegal and policy frameworks to ensure the free exercise of the rightsto information, meaningful participation and peaceful protest and theprotection of human rights defenders from harassment and attacks;
-Highlight the need to support human rights defenders, including ESCRdefenders, including where necessary by providing them with specifictechnical and financial support; and
-Work towards the establishment of a clear and strong agenda at theregional and international levels that guarantees greater protectionand empowerment in an enabling environment, and strengthens domestic,regional and international protection mechanisms, including withregard to access to remedies.
Theadoption of such a resolution by the Human Rights Council would betimely. Beyond the extreme relevance of the topic, as shown by thedeteriorating situation of ESCR defenders, the promotion andprotection of economic, social and cultural rights are intertwinedwith the UN's new sustainable development goals (SDGs), as well aswith the mounting pressure for a democratic governance ofdevelopment, trade and investment relations, and with the businessand human rights agenda.
Theinternational community needs a paradigm shift. Human rights andhuman rights defenders must be placed at the center of discussions ondevelopment, trade, investment and business activities and relations.At HRC 31, the Human Rights Council should adopta strong, substantial resolution to act as a sounding board fornational, regional and global efforts to protect human rightsdefenders, including economic, social and cultural rights defenders.