Mr. President, Ms. Special Rapporteur,
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) wishes to thank Ms. Margaret Sekaggya, Special Rapporteur on the Situation of Human Rights Defenders, for the submission of her first report to the Human Rights Council, in a context of an increased repression against human rights defenders worldwide.
Ms. Sekaggya, you interestingly chose to focus your first report on the issue of human rights defenders in the newly-established universal periodic review. We believe that it is indeed relevant to reflect on how human rights defenders can be fully taken into account and protected before, during and after the review, and we thank you for this thorough analysis.
In your report, you mention, inter alia, the necessity for questions and recommendations on human rights defenders formulated in the framework of the UPR process to be more precise and concrete, in order to be fully implementable. We believe in this regard that it is of utmost importance that such recommendations comply with the Declaration on human rights defenders and other international human rights standards and instruments. We were outraged by the recommendation formulated by Cuba on the occasion of the UPR of China, that encourages repression against human rights defenders. We insist on the fact that such recommendations shall not be taken into account in outcome reports. In the event that recommendations of this nature are adopted, they will not only contradict the recommendations of other mechanisms, such as treaty bodies and special procedures but also internationally recognised human rights standards. Therefore, the Observatory is of the opinion that it is important that the most protective recommendation be retained. We would very much appreciate your views on this issue.
As you rightly pointed out in your report, we are also convinced that the inclusion of genuinely independent civil society activists in the preparation of the national report – regardless of their membership to an organisation, is essential. In a number of cases however, such inclusion merely did not take place because of the lack of cooperation of the authorities, or because the State apparatus is of such repressive nature that independent civil society cannot develop. In such cases, we believe that these shortcomings shall be reflected in the outcome report.
At the level of follow-up, inclusion of independent civil society is equally important. National authorities shall foster constructive dialogue with the latter, so that the recommendations of international and regional bodies, including the UPR ones that are not in contradiction with international human rights standards, be implemented.
Ms. Sekaggya, in your report to the General Assembly in 2008, you had focused on human rights defenders most vulnerable to attacks. Over the past years, the Observatory has witnessed that human rights defenders’ vulnerability depends on the type of activities they carry out, but also on the context in which they operate. In this regard, Somalia, the Democratic Republic of Congo, Colombia, Sri Lanka, Sudan are some unfortunate examples that recall us that in conflict situations, human rights defenders almost always pay a heavy toll. We therefore believe the situation of human rights defenders in conflict situations requires particular attention, and we encourage you to address such situations more closely and to interact with the UN Security Council when relevant.
Mr. President,
Ms. Special Rapporteur,
I thank you.