International and regional instruments on human rights defenders

UN Declaration on Human Rights Defenders

The UN Declaration on Human Rights Defenders helps define both who a human rights defender is and what their fields of activity are. It also recognises their value to society. Furthermore, it sets out that human rights defenders should be entitled and free to:

• protect rights at the national and international levels;
• carry out human rights activities individually or in association with others;
• form associations and non-governmental organisations;
• assemble peacefully;
• seek, retrieve, obtain, and possess information related to human rights;
• develop and discuss human rights ideas and principles and advocate for them;
• criticise state agencies and address them with relevant proposals, as well as draw attention to the aspects of their activities that hinder the realisation of human rights;
• appeal against such official policies or actions related to human rights;
• offer and provide professional and qualified legal assistance or other advice and support in the field of human rights protection;
• attend public hearings, proceedings and trials to assess their compliance with national law and international human rights obligations;
• have unhindered access to and communication with NGOs and intergovernmental organisations;
• enjoy effective remedies;
• be effectively protected by national law when criticising the state through peaceful means for its actions or misconduct, which are manifested in human rights violations; and
• request, receive and use resources to protect human rights (including receiving funding from foreign sources).

The Commentary to the Declaration on Human Rights Defenders clarifies that, although the Declaration is not a legally binding instrument, it contains rights that are already recognised in many legally binding international human rights instruments. It also specifies how these apply to human rights defenders in particular.

Enabling environment for human rights defenders

The Declaration contains provisions on the responsibilities of states to facilitate the work of and to ensure an enabling environment for human rights defenders.

States should:

• create a favourable environment for human rights defenders, including by passing laws that aid their work as opposed to hindering it;
• carry out enquiries promptly when violations occur;
• protect human rights defenders against threats, retaliation, violence, or any arbitrary action by the state or any other groups or individuals;
• train state officials on human rights;
• create and support an independent national institution for the promotion and protection of human rights and fundamental freedoms, for instance an ombuds or a human rights commission.

The state’s responsibilities to ensure an enabling environment were further detailed in the Report of the Special Rapporteur on the Situation of Human Rights Defenders, Margaret Sekaggya. They were described as:

• creating a supportive legal, institutional and administrative framework;
• ensuring access to justice and eliminating impunity for crimes committed against human rights defenders;
• establishing and supporting a strong and independent NHRI;
• putting in place effective protection policies and mechanisms that focus on at-risk groups;
• devoting special attention to women working on gender issues and women’s rights;
• respecting and backing work by non-state actors in support of human rights defenders;
• securing and maintaining access to international human rights bodies; and
• supporting a strong and dynamic community of human rights defenders.

Council of Europe declarations and recommendations

The Council of Europe has stepped up its efforts to protect and promote the rights of human rights defenders. Over time, it has developed a series of instruments to ensure that they and civil society organisations can continue doing their vital work.

OSCE Guidelines on the Protection of Human Rights Defenders

Following a call by civil society during the 2012 OSCE Ministerial Council in Dublin, ODIHR created the ODIHR Guidelines for the Protection of Human Rights Defenders. While these do not set new standards or seek to create “special” rights for human rights defenders, they advise participating States on how they can protect them.

Among other things, the Guidelines:

• detail how States’ obligations towards human rights defenders are grounded in international law, including treaties, commentaries, UN reports, court cases, jurisprudence and other sources;
• reiterate that the primary responsibility for protecting human rights defenders lies with states, which have an obligation to respect, protect and fulfil the rights of all, including human rights defenders;
• request that OSCE States set up appropriate instruments and mechanisms to protect human rights defenders both domestically and abroad; and
• request non-state actors are held accountable if they violate the rights of human rights defenders.

EU Guidelines on Human Rights Defenders

The EU adopted its Guidelines on Human Rights Defenders to strengthen EU action to support and protect human rights defenders in non-EU countries. They outline how the embassies of EU Member States and EU Delegations can do so together with human rights defenders directly; in the context of their work with countries outside of the EU; and within global multilateral arenas such as the UN.

In summary, the Guidelines propose the following actions:

• monitoring and assessment of human rights defenders’ situations by EU officials (diplomats), with this reported to head office;
• meetings between diplomatic personnel and human rights defenders;
• elaborating local strategies to implement the Guidelines in collaboration with human rights defenders;
• providing visible recognition and asserting the legitimacy of human rights defenders and their work;
• observing trials against human rights defenders;
• visiting human rights defenders in jail and at their place of work;
• issuing emergency visas;
• promoting and supporting networks of human rights defenders;
• discussing specific cases and the general situation with host governments and in international fora;
• funding human rights defenders;
• promoting the establishment of NHRIs and their work to contribute to human rights defenders’ protection,
• promoting regional and international mechanisms that protect human rights defenders; and
• supporting the UN Special Procedures, such as the UN Special Rapporteur on Human Rights Defenders, and regional mechanisms that protect human rights defenders.