Joint oral statement of the OMCT and the FIDH on the role of Human Rights Defenders, at the first session of the Council

Joint oral statement of the World Organisation against Torture (OMCT) and the International Federation for Human Rights (FIDH)

in the framework of their joint programme,
the Observatory for the Protection of Human Rights Defenders

UN Human Rights Council First Session (19-30 June 2006)

Item 4 : Implementation of General Assembly Resolution 60/251 of 15 March 2006 entitled “Human Rights Council”

Pressing issue (5): Role of Human Rights Defenders

Geneva - Paris, June 26, 2006

Mr. Chairman,

The World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, express their deep concern about the fact that the repression human rights defenders are subjected to worldwide continues and indeed is growing and, consequently, point out the ongoing importance to widely recognise the legitimacy of their action and their increasing need for further protection.

In all regions of the world, in a context when human rights suffer a serious setback in the name of the fight against terrorism, human rights defenders continue to pay a heavy price for their commitment to the defence of universal rights, and the variety of means of repression against them is wide: assassinations, forced disappearances, acts of torture, ill-treatments, death threats, arbitrary arrests and detentions, judicial proceedings, adoption of restrictive legislation, etc.

Indeed, techniques of repression against defenders are becoming more and more widespread, while the authors of such violations enjoy complete impunity. Thus, in 2005, human rights defenders continued to face multiple acts of reprisals because of their activities: in its Annual Report1, the Observatory documented the situation of 1,172 defenders repressed in about 90 countries around the world.

In 2005, human rights defenders involved in the fight against impunity were more than ever subjected to acts of retaliation. This repression is multifaceted, from assassinations (Brazil, Colombia, Democratic Republic of Congo (DRC), etc.), death threats (Central African Republic, Guatemala, Peru, Uzbekistan) to arbitrary detentions (Ethiopia, Iran, Tunisia).

In many countries, defenders of economic, social and cultural rights were not spared by acts of violence, in particular trade union leaders (Colombia, which continued to hold the sad world record for the number of trade activists assassinated, Djibouti, Philippines) and defenders of indigenous communities and of environmental and land rights (Chile, China, Zimbabwe). Furthermore, defenders of sexual minorities remained to be subjected to repeated acts of harassment and intimidation, such as in China, Guatemala, Jamaica, Mexico, Turkey and Uganda.

Furthermore, once again, in 2005, many States made extensive use of legislation in order to control the independent civil society, and in particular to toughen conditions for NGO registration, facilitate their suspension or dismantling, or limit their access to foreign financing (such as in Belarus, Iran, Nepal, Rwanda, Russian Federation, Sudan, Tunisia, Uzbekistan).

Finally, defending human rights during political or armed conflicts remained extremely dangerous: not only general insecurity rendered the defenders’ activities of monitoring and investigation very risky, but also their denunciations and protective efforts were also increasingly considered as being opposed to the government or to one of the parties to the conflict (Afghanistan, Chechnya, Colombia, Côte d’Ivoire, DRC, Iraq, Israel and the Palestinian Occupied Territories, Nepal, Philippines, Sudan).

Mr. Chairman, as no continent is immune from the phenomenon of repression against defenders, an increased mobilisation, in particular at the regional and international levels, is more than ever necessary in order to save what lies at the heart of human rights: respect for the dignity of all.

After six years of remarkably rigorous and extensive activity, Ms. Hina Jilani’s mandate as Special Representative of the Secretary General of the United Nations on Human Rights Defenders is coming to an end. Much has been achieved, yet much remains to be done: two reasons to not only renew the mechanism, but also to strengthen it with increased resources for fulfilling its mission.

Mr. Chairman, the Observatory would like to conclude by urging the Human Rights Council to:

 Support the mandate of the United Nations Special Representative on Human Rights Defenders by renewing it and providing necessary material and financial support, and ensure that there is no protection gap within the review process;

 Strengthen the role and functions of the UN Special Representative on Human Rights Defenders, notably by allowing more interaction and cooperation with the Human Rights Council, including interactive dialogues and special sessions

 Encourage States to invite to country visits and co-operate with the UN Special Representative on Human Rights Defenders. In particular, all States that are members of the Human Rights Council should abide by their responsibilities and commitments by extending standing invitations to all Special Procedures, including the UN Special Representative on Human Rights Defenders;

 Call upon States to fully implement the principles included in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedom through the adoption of the Declaration by national parliaments, the dissemination of the Declaration, the implementation of awareness-raising and solidarity campaigns with defenders, and the developments of mechanisms that provide safe havens for those under threat;

 Urge States to ensure that national security measures, including those taken in the name of the fight against terrorism, comply with international human rights norms and standards and are not used to justify disproportionate limitations on freedoms or impair the legitimate work of human rights defenders;

 Ensure the dissemination of the Declaration at the international level by including it in the United Nations plans and training programmes for State officials, with a particular focus on the issue of women human rights defenders.

Thank you Mr. Chairman.

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