Human rights situation in the OPT – Report of the SecGen’s Representative on Human Rights Defenders – Special representative report/SecGen note (excerpts)

Human rights defenders

Note by the Secretary-General

  The Secretary-General has the honour to transmit to the members of the General Assembly the report submitted by Hina Jilani, Special Representative of the Secretary-General on Human Rights Defenders, in accordance with General Assembly resolution 56/163.

 *  A/57/50/Rev.1.

 Report of the Special Representative of the Secretary-General on Human Rights Defenders

Summary

The present report to the General Assembly is the second by the Special Representative of the Secretary-General on human rights defenders, pursuant to Commission on Human Rights resolution 2000/61 of 26 April 2000 and General Assembly resolution 56/163. It contains an overview of the outcome of the regional consultations the Special Representative has attended since the beginning of her mandate. The Special Representative examines the recommendations made by the participants in each of the regional consultations. In addition, she draws upon her dialogue with Governments to formulate and recommend strategies for the better protection of human rights defenders and the implementation of 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 (resolution 53/44, annex).

In the implementation of her mandate the Special Representative has conducted consultations with defenders and human rights organizations in several different regions in order to seek and receive information on the situation of human rights defenders engaged in activities for the promotion, protection and implementation of human rights. The report of the Special Representative to the fifty-eighth session of the Commission on Human Rights (E/CN.4/2002/106) mentioned consultations in Western Africa, Latin America, Asia and the Middle East. Another consultation on the situation of human rights defenders in the Middle East was held at the Office of the United Nations High Commissioner for Human Rights in Geneva on 24 March 2002, coinciding with the fifty-eighth session of the Commission on Human Rights.

 I.  Introduction

1.   The present report is the second by the Special Representative of the Secretary-General on human rights defenders, pursuant to Commission on Human Rights resolution 2000/61 of 26 April 2000 and General Assembly resolution 56/163 of 19 December 2001. Since her appointment the Special Representative has submitted four reports to the Commission on Human Rights (E/CN.4/2001/94; E/CN.4/2002/106; and E/CN.4/2002/106/Add.1 and Add.2).

2.   The report contains an overview of the outcome of the regional consultations the Special Representative has attended since the beginning of her mandate. The Special Representative examines the recommendations made by the participants in each of the regional consultations and draws upon her dialogue with Governments to formulate and recommend strategies for the better protection of human rights defenders and the implementation of 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 (resolution 53/144 of 9 December 1998, annex).

3.   In the implementation of her mandate the Special Representative has conducted consultations with defenders and human rights organizations in several different regions in order to seek and receive information on the situation of human rights defenders engaged in activities for the promotion, protection and implementation of human rights. In her report to the fifty-eighth session of the Commission on Human Rights (E/CN.4/2002/106), the Special Representative mentioned consultations in Western Africa, Latin America, Asia and the Middle East. Another consultation on the situation of human rights defenders in the Middle East was held at the Office of the United Nations High Commissioner for Human Rights in Geneva on 24 March 2002, coinciding with the fifty-eighth session of the Commission on Human Rights.

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D.   The Middle East and the Euro-Mediterranean region

70.   Participants at the two meetings on which the Special Representative is reporting identified certain characteristics and trends prevalent in the region that had a profound effect on the freedom of human rights defenders to carry out their human rights activities.

   Concerns

71.   The reports and discussions shed light on the suffering and dangers that activists in the countries of the region continue to experience. Examples were given of attempted or actual killings, kidnappings, disappearances, imprisonment, detention, interrogation and torture, and physical abuse. In addition to physical attacks, defenders are subjected to multiple forms of repression, including the creation of obstacles to the formation and recognition of associations; dissolution of organizations and seizure of their assets; penal proceedings; defamation campaigns aimed at denying them legitimacy among local people; arbitrary dismissal from jobs; pressure on their families and relatives; restrictions on freedom of movement; establishment of “GONGOs” (associations controlled by the Government and political bodies) that harm the credibility of genuine non-governmental organizations; and a general climate of fear, generated by practices carried out by Governments and their agents against human rights defenders.

72.   Defenders observed that legal obstacles stemming either directly from laws governing the establishment of associations or from the general system of laws create numerous difficulties for human rights defenders in setting up their associations and carrying out their human rights activities. It was noted that out of the seven countries discussed on the basis of field reports at one of the meetings, four have been under emergency laws for a long time. All seven countries have laws that restrict basic rights and public freedoms in violation of ratified international standards.

73.   Participants spent considerable time discussing the situation of human rights defenders in the Occupied Palestinian Territory, who face grave difficulties both from the occupation, which is a source of regular human rights violations and violations of international humanitarian law, and from abuses committed by the Palestinian Authority. It was concluded that all violations against the Palestinians and the consequent effects on the work and security of human rights defenders are rooted in the occupation.

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74.   Defenders raised the concern that current international developments arising from the events of 11 September 2001 and the international campaign launched against terrorism erode the international legal system of human rights. While not necessarily targeted against human rights defenders, many of the measures taken do have a highly detrimental and increasingly dangerous effect on defenders in the discharge of their functions. This has resulted from the precedence given to security considerations over and above human rights. In order to justify the actions of the State, basic principles of international law are being misrepresented, and propaganda campaigns undermining human rights activism are being launched.

75.   There also seemed to be problems inherent in the structure, resources and sources of funding, and administrative and technical capacity of human rights organizations. Opinions differed as to the positive and negative effects of foreign financing on human rights organizations, especially with regard to the condition that such organizations should function initially on a volunteer basis. Some participants noted that the coordination of human rights movements in the region should be improved. Some participants also highlighted the need for stronger relations with organizations from developing countries, especially in Asia and Latin America.

   Recommendations 

76.   Non-governmental organizations in the region should promote regional initiatives on freedom of association and reinforce acts of solidarity among other regional non-governmental organizations. They should elaborate a code of ethics to improve transparency and democratic ways of functioning within associations so as to protect non-governmental organizations from criticism in this regard. In order to preserve their independence, non-governmental organizations should find means to diversify their funding sources. 

77.   Independent media that advocate the promotion of human rights and reach the general public should be established. Non-governmental organizations that promote human rights should integrate the issue of women’s rights and, specifically the protection of women human rights defenders, into their programmes and place it among their priorities.

78.   Defender organizations called upon the European Union to complement financial support of civil society through political support by integrating human rights into all aspects of European Union foreign policy. Clear priorities for the support of non-governmental organizations in the Euro-Mediterranean region should be determined in consultation with defenders in the region. Regular contact should be established with defenders and concrete action for their security should be undertaken whenever their rights are violated.

79.   Participants urged the member States of the League of Arab States to reconsider the Arab convention on human rights and the Arab Convention for the Suppression of Terrorism (7 May 1999) so as to ensure their conformity with international human rights laws and instruments. The Arab League should also establish evaluation mechanisms to ensure the respect of human rights by member States. Independent human rights associations of the region should be given access to the human rights commission within the Arab League.

80.   At the international level, dissemination of 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 as well as other applicable instruments on freedom of association should be reinforced. The United Nations should publish and disseminate the text of the Declaration in Arabic and other languages spoken in the region. Defenders should reflect on the use of mechanisms existing within the International Labour Organization on freedom of association. Instances of violation of the Declaration should be systematically submitted to the Special Representative of the Secretary-General on Human Rights Defenders, and Governments should be called upon to invite her to countries where the situation of defenders has become critical. 

81.   Defenders called upon the donor community, both governmental and non-governmental, to facilitate the work of the defenders through capacity-building and the elaboration of policies and procedures to sustain human rights defence associations in accordance with international human rights law, and by assisting with emergency and rapid response actions for the safety of defenders.

82.   Other recommendations addressed to human rights organizations in the region included the promotion and implementation of training initiatives on the Declaration; enhancement of coordination, cooperation and solidarity among defenders through the creation of defenders’ networks; and the establishment of closer ties with United Nations and regional human rights bodies, especially the Office of the United Nations High Commissioner for Human Rights, the Special Representative on Human Rights Defenders, and the African Commission on Human and People’s Rights.

83.   The participants called upon the Arab States to accede to all international human rights instruments, to implement the Declaration and to revise their legislation in order to comply with ratified international instruments, especially with regard to freedom of association. On the basis of the Paris Principles (resolution 48/134 of 20 December 1993), Governments must reassert the independence of their national human rights institutions in order to instil confidence in them.

84.   It was recommended that the countries of the region, especially the member States of the Commission on Human Rights, should issue invitations to all United Nations human rights special procedures. In particular the Special Representative of the Secretary-General on Human Rights Defenders should be invited to visit the countries in the region and to initiate a dialogue on all matters raised.

85.   Regional organizations were called upon to revitalize the work of the standing Arab committee on human rights within the League of Arab States and to create an appropriate mechanism to implement the Arab human rights pact.

86.   In view of the rising concern regarding the racist, ethnic and religious biases and hostility directed towards people from the region because of the fight against terrorism and its political agenda, international human rights organizations have a responsibility to include criticism of such gross abuses in the scope of their advocacy. Cooperation must be improved between international and non-governmental organizations in the region in the campaign against human rights violations resulting from the international campaign against terrorism.

87.   Participants also expressed their satisfaction with the attention and the interest in the region shown by the Special Representative of the Secretary-General on Human Rights Defenders and reiterated their strong desire to invite her to the region. Participants suggested setting up a voluntary fund to allow for an effective implementation of this mandate.

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