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| Mrs. Margaret Sekaggya as Special Rapporteur on the situation of human rights defenders© UN Photo |
''Welcomes the work of the Special
Rapporteur on the situation of human rights defenders, including her two latest
reports submitted pursuant to General Assembly resolution 66/164 and Human
Rights Council resolution 16/5, on the use of legislation affecting the
activities of human rights defenders,and national human rights institutions, respectively; ''
Human Rights Council
Twenty-second session
Agenda item 3
Promotion and
protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
political, economic, social and cultural rights,
including the right to development
Argentina,
Armenia*, Austria, Bosnia and Herzegovina*, Chile, Costa Rica, Côte d’Ivoire, Czech
Republic, Estonia,
France*, Georgia*, Germany,
Honduras*, Hungary*, Iceland*, Ireland,
Mexico*, Montenegro,
Norway*, Paraguay*, Peru,
Poland, Portugal*,
Slovakia*, Spain,
Sweden*, Switzerland,
the former Yugoslav Republic of Macedonia*, Timor-Leste*, Turkey*, Uruguay*: draft resolution
22/… Protecting human
rights defenders
The Human
Rights Council,
Guided by the Universal Declaration of Human Rights,
Recalling General
Assembly resolution 53/144 of 9 December 1998, by which the Assembly adopted by
consensus the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms annexed to that resolution, and
reiterating the importance of the Declaration and its promotion and
implementation,
Recalling also the
continued validity and application of all the provisions of the above-mentioned
Declaration,
Recalling further
all previous resolutions on this subject, in particular Human Rights Council resolutions
13/13 of 25 March 2010 and 16/5 of 24 March 2011, and General Assembly
resolution 66/164 of 19 December 2011,
Recalling the Vienna Declaration and
Programme of Action,
Reaffirming that
States are under the obligation to protect all human rights and fundamental
freedoms of all persons,
Acknowledging that
human rights defenders play an important role at the local, national, regional
and international levels in the promotion and protection of human rights,
Stressing that
respect and support for the activities of human rights defenders, including
women human rights defenders, is essential to the overall enjoyment of human
rights,
Mindful that
domestic law and administrative provisions and their application should
facilitate the work of human rights defenders, including by avoiding any
criminalization, stigmatization, impediments, obstructions or restrictions
thereof contrary to international human rights law,
Reiterating the
grave concerns expressed by the General Assembly in its resolution 66/164
regarding the serious nature of risks faced by human rights defenders due to
threats, attacks and acts of intimidation against them,
Gravely concerned
that, in some instances, national security and counter-terrorism legislation and
other measures, such as laws regulating civil society organizations, have been
misused to target human rights defenders or have hindered their work and
endangered their safety in a manner contrary to international law,
Recognizing in this
regard that new forms of communication, including the dissemination of
information online and offline, can serve as important tools for human rights
defenders to promote and strive for the protection of human rights,
Recognizing also the
urgent need to address, and to take concrete steps to prevent and stop, the use
of legislation to hinder or limit unduly the ability of human rights defenders
to exercise their work, including by reviewing and, where necessary, amending
relevant legislation and its implementation in order to ensure compliance with international
human rights law,
Welcoming the steps
taken by some States towards adopting policies or legislation for the
protection of individuals, groups and organs of society engaged in promoting
and defending human rights, including the decriminalization of defamation, that
serve to protect human rights defenders from being prosecuted for peaceful
activities, and against threats, harassment, intimidation, duress, arbitrary
detention or arrest, violence and attacks by State and non-State actors;
1. Welcomes the work of the Special
Rapporteur on the situation of human rights defenders, including her two latest
reports submitted pursuant to General Assembly resolution 66/164 and Human
Rights Council resolution 16/5, on the use of legislation affecting the
activities of human rights defenders,[1] and national human rights institutions, [2] respectively;
2. Urges States to create a safe and
enabling environment in which human rights defenders can operate free from
hindrance and insecurity, in the whole country and in all sectors of society,
including by extending support to local human rights defenders;
3. Stresses that legislation affecting the
activities of human rights defenders and its application must be consistent
with international human rights law, including the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights, and guided by the Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms, and, in
this regard, condemns the imposition of any limitations on the work and
activities of human rights defenders enforced in contravention of international
human rights law;
4. Calls upon States to ensure that
legislation designed to guarantee public safety and public order contains
clearly defined provisions consistent with international human rights law,
including the principle of non-discrimination, and that such legislation is not
used to impede or restrict the exercise of any human right, including freedom
of expression, association and peaceful assembly, which are essential for the
promotion and protection of other rights;
5. Urges States to acknowledge publicly the
important and legitimate role of human rights defenders in the promotion of
human rights, democracy and the rule of law as an essential component of
ensuring their protection, including by respecting the independence of their
organizations and by avoiding the stigmatization of their work;
6. Calls upon States to ensure that human
rights defenders can perform their important role in the context of peaceful
protests, in accordance with national legislation consistent with the Charter
of the United Nations and international human rights law and, in this regard,
to ensure that no one is subject to excessive or indiscriminate use of force,
arbitrary arrest or detention, torture or other cruel, inhuman or degrading
treatment or punishment, enforced disappearance, abuse of criminal and civil
proceedings or threats of such acts;
7. Underlines that the access to and use of information technologies
and the media of one’s choice, including radio, television and the Internet,
should be promoted and facilitated at the national level, between States and at
the international level as an integral part of the enjoyment of the fundamental
rights to freedom of opinion and expression, and also encourages international
cooperation aimed at the development of media and information and communications
technologies in all countries;
8. Calls
upon States to respect, protect
and ensure the right to freedom of association of human rights defenders and,
in this regard, to ensure, where procedures governing the registration of civil
society organizations exist, that these are transparent, accessible,
non-discriminatory, expeditious and inexpensive, allow for the possibility to
appeal and avoid requiring re-registration, in accordance with national
legislation, and are in conformity with international human rights law;
9. Also calls upon States to ensure that reporting requirements placed on
individuals, groups and organs of society do not inhibit functional autonomy,
and that restrictions are not discriminatorily imposed on potential sources of
funding aimed at supporting the work of human rights defenders other than those
ordinarily laid down for any other activity unrelated to human rights within
the country to ensure transparency and accountability, and that no law should
criminalize or delegitimize activities in defence of human rights on account of
the geographic origin of funding thereto;
10. Calls
upon States to ensure that
measures to combat terrorism and preserve national security:
(a) Are in compliance with their
obligations under international law, in particular under international human
rights law, and do not hinder the work and safety of individuals, groups and
organs of society engaged in promoting and defending human rights;
(b) Clearly identify which offences
qualify as terrorist acts by defining transparent and foreseeable criteria,
including, inter alia, considering without prejudice those formulated by the
Special Rapporteur on the promotion and protection of human rights while
countering terrorism;
(c) Prohibit and do not provide for, or
have the effect of, subjecting persons to arbitrary detention, such as
detention without due process guarantees, the deprivation of liberty that
amounts to placing a detained person outside the protection of the law, or the
illegal deprivation of liberty and transfer of individuals suspected of
terrorist activities, nor the unlawful deprivation of the right to life or the
trial of suspects without fundamental judicial guarantees;
(d) Allow appropriate
access for relevant international bodies,
non-governmental organizations and national human rights institutions, where
such exist, to persons detained under anti-terrorism and other legislation
relating to national security, and to ensure that human rights defenders are
not harassed or prosecuted for providing legal assistance to persons detained
and charged under legislation relating to national security;
11. Further calls upon States to ensure that
all legal provisions and their application affecting human rights defenders are
clearly defined, determinable and non-retroactive in order to avoid potential
abuse to the detriment of fundamental freedoms and human rights, and
specifically to ensure that:
(a) The promotion and the protection of
human rights are not criminalized, and that human rights defenders are not
prevented from enjoying universal human rights owing to their work, whether
they operate individually or in association with others, while emphasizing that
everyone shall respect the human rights of others;
(b) The judiciary is independent,
impartial and competent to review effectively legislation and its application
affecting the work and activities of human rights defenders;
(c) Procedural safeguards, including in
criminal cases against human rights defenders, are in place in accordance with
international human rights law in order to avoid the use of unreliable
evidence, unwarranted investigations and procedural delays, thereby effectively
contributing to the expeditious closing of all unsubstantiated cases, with
individuals being afforded the opportunity to lodge complaints directly with
the appropriate authority;
(d) Any provision or decision that may interfere
with the enjoyment of human rights must respect fundamental principles
enshrined in international law so that they are lawful, proportionate,
non-discriminatory and necessary in a democratic society;
(e) Information held by public
authorities is proactively disclosed, and that transparent and clear laws and
policies provide for a general right to request and receive such information,
for which public access should be granted, except for narrow and clearly
defined limitations;
(f) Restrictions are not invoked on
access to information regarding grave violations of human rights;
(g) That provisions do not prevent public
officials from being held accountable, and that penalties for defamation are
limited in order to ensure proportionality and reparation commensurate to the
harm done;
(h) Legislation aimed at preserving
public morals is compatible with international human rights law;
(i) Legislation does not target
activities of individuals and associations defending the rights of persons
belonging to minorities or espousing minority beliefs;
(j) Dissenting views may be expressed
peacefully;
12. Expresses particular concern about systemic and structural discrimination and
violence faced by women human rights defenders, and calls upon States to integrate
a gender perspective in their efforts to create a safe and enabling environment
for the defence of human rights;
13. Reaffirms the right of everyone,
individually and in association with others, to unhindered access to and
communication with international bodies, in particular the United Nations, its
representatives and mechanisms in the field of human rights, including the
Human Rights Council, its special procedures, the universal periodic review
mechanism and the treaty bodies, as well as regional human rights mechanisms;
14. Strongly calls upon all States:
(a) To refrain from, and ensure adequate
protection from, any act of intimidation or reprisals against those who
cooperate, have cooperated or seek to cooperate with international institutions,
including their family members and associates;
(b) To fulfil the duty to end impunity
for any such acts of intimidation or reprisals by bringing the perpetrators to
justice and by providing an effective remedy for their victims;
(c) To avoid legislation that has the
effect of undermining the right reaffirmed in paragraph 13 above;
15. Reaffirms the necessity for inclusive
and open dialogue between civil society actors, particularly human rights
defenders, and the United Nations in the field of human rights and, in this
context, underlines that participation by civil society should be facilitated
in a transparent, impartial and non-discriminatory manner;
16. Underlines the value of national human
rights institutions, established and operating in accordance with the Paris
Principles, in the continued monitoring of existing legislation and
consistently informing the State about its impact on the activities of human
rights defenders, including by making relevant and concrete recommendations;
17. Stressing in particular the valuable contribution of national human rights
institutions, civil society and other stakeholders in providing input to States
on the potential implications of draft legislation when such legislation is
being developed or reviewed to ensure that it is in compliance with international
human rights law;
18. Invites leaders in all sectors of
society and respective communities, including political, social and religious
leaders, and leaders in business and media, to express public support for the
important role of human rights defenders and the legitimacy of their work;
19. Encourages States to include in their reports
for the universal periodic review and to treaty bodies information on the steps
taken to create a safe and enabling environment for human rights defenders,
including by bringing legislation and its application affecting the activities
of human rights defenders into line with international human rights law;
20. Encourages national human rights
institutions, civil society and other stakeholders to provide information,
including to States, in the context of the universal periodic review and the
work of treaty bodies, on the enabling environment for human rights defenders,
including legislation and its application affecting the activities of human
rights defenders;
21. Encourages the Office of the United
Nations High Commissioner for Human Rights, the Special Rapporteur, relevant
regional mechanisms and national human rights institutions to offer their
assistance for the consideration of States in bringing their legislation and
its application into line with international human rights law;
22. Invites States to seek assistance,
including that which may be provided by the above-mentioned actors, in the
process of reviewing, amending or developing legislation that affects or would
affect, directly or indirectly, the work of human rights defenders;
23. Invites the Special Rapporteur on the
situation of human rights defenders to continue to execute the activities under
her mandate, including in the follow-up to the present resolution, by
monitoring progress and by providing guidance, assistance and follow-up with
States, as needed;
24. Decides to remain seized of the matter.