In the OSCE region, Human Rights Defenders are subject to harassment, arbitrary arrest and detention, and threats to life amounting to violations of the freedom to form, join and participate in organisations, the right to meet or assemble peacefully, the right to seek and receive information and to communicate with non-governmental or inter-governmental organisations and to receive funds from abroad to sustain their activities - all rights guaranteed in several international instruments and OSCE documents.
Considering the gap which exists between the implementation of OSCE commitments by some participant States and the reality of the situation that confronts defenders, a strong demand for an effective protection mechanism clearly emerged from the discussions in Vienna. The testimonies heard during the meeting showed that the situation had worsened and that the "global war on terrorism" may render the defenders even more vulnerable. In this context, the OMCT and the FIDH have addressed a follow up letter to the OSCE organs and participating States asking for a decision to be adopted based on the following principles:
1. Recognition of the role of NGOs as an essential element for the development of democracy and the Rule of law in the OSCE region. Dissemination and increased awareness of instruments such as the UN General Assembly 1998 Declaration on the Human Rights Defenders is essential.
2. Necessity of a permanent and constructive dialogue between States and NGOs.
3. Recognition of the need for a monitoring mechanism on the situation of Human Rights Defenders. This body would monitor cases and situations in a transparent manner and would remind States about their commitments. It should work in tight co-operation with NGOs and Mrs Hina Jilani, the UN Secretary General Special Representative on Human Rights Defenders.
The adoption of such a mechanism would be a strong and positive sign addressed to the NGO community and would be in conformity with the actual mobilisation on the issue of the protection of Human Rights Defenders by other major regional bodies, such as the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights.