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Protection of human rights defenders
Demonstration gegen Menschenrechtsverletzung
© picture-alliance/dpa
Demonstration gegen Menschenrechtsverletzung
Demonstration gegen Menschenrechtsverletzung
© picture-alliance/dpa
The German Government actively supports the work of human rights defenders around the world. In particular it seeks to promote better protection for human rights defenders and comprehensive recognition that, from a human rights standpoint, their activities make a major contribution to societal development in their home countries.
Without their courage and commitment there could be no progress in the struggle to ensure universal respect for human rights. Supporting the work of human rights defenders is therefore one of the Federal Foreign Office’s priorities for project funding in the field of human rights.
United Nations
Recognition at UN level of the need to improve protection for human rights defenders led in 1985 to a working group being established to draw up an international instrument on this issue. There followed thirteen years of negotiations, which culminated on 9 December 1998 in the adoption of the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. This has now become the principal UN reference document for efforts to improve protection for human rights defenders.
In principle a human rights defender is anyone who seeks by peaceful means to promote and protect human rights.
Declaration on human rights defenders
Every two years the General Assembly adopts also a Resolution on this matter. The most recent Resolution adopted in 2009 condemns attacks on human rights defenders and urges states to take whatever action is necessary to ensure their protection. It also calls for action to combat a culture of impunity for attacks on human rights defenders.
Resolution A/64/163 of 19.12.2009(englisch) (PDF, 113 KB)
On 25 March 2010 the United Nations Human Rights Council adopted a Resolution on protection of human rights defenders.
external link, opens in new windowResolution A/HRC/RES/13/13
United Nations Special Rapporteur
Another important step was the creation, pursuant to a Resolution adopted in 2000, of the new post of United Nations Special Rapporteur on the situation of Human Rights Defenders. The first Special Rapporteur to be appointed was Pakistani lawyer Hina Jilani. Her originally three‑year mandate was twice renewed. On 1 May 2008 Margaret Sekaggya, a lawyer and long‑serving chairperson of the Uganda Human Rights Commission, took over as Special Rapporteur. At the 16th session of the Human Rights Council in March 2011 she was reappointed for a further three years.
The Special Rapporteur’s mandate covers a wide spectrum, but her main role is to monitor implementation of the United Nations Declaration on human rights defenders.
Under this mandate:
- the Special Rapporteur reports every year on specific issues or situations requiring the international community’s special attention (the report she presented in January 2007, for example, focused on the work of human rights defenders seeking specifically to promote the realization of economic, social and cultural rights);
- the Special Rapporteur can, on invitation, visit particular countries to investigate the situation of human rights defenders in situ (in August 2008, for example, she visited Togo). Germany has invited a country visit from the Special Rapporteur, but this has not yet taken place;
- there exists a formal, confidential procedure for requesting governments to comment on individual cases that have been brought to the Special Rapporteur’s notice.
United Nations Special Rapporteur
Ensuring Protection – EU Guidelines on Human Rights Defenders
Menschenrechtsaktivistin Jestina Mukoko
© picture-alliance/ZB
Menschenrechtsaktivistin Jestina Mukoko
Menschenrechtsaktivistin Jestina Mukoko
© picture-alliance/ZB
In the General Affairs Council meeting of 14 June 2004 EU Foreign Ministers approved the EU Guidelines on Human Rights Defenders. The Guidelines are intended to enhance on a sustained basis the Union’s efforts vis‑à‑vis third countries to ensure support and protection for human rights defenders. Germany strongly endorses the Guidelines, which envisage that the missions of EU member states abroad should e.g. develop and foster systematic contacts with human rights defenders, report regularly on the situation of human rights defenders in their host countries and support them by taking concrete action on the ground, and should promote networks in this field as well as generally ensure that the situation of human rights defenders feeds into all aspects of EU foreign policy (“mainstreaming”). The Guidelines were updated in 2008.
To promote implementation of the EU Guidelines at local level, the missions of EU member states in 124 host countries were instructed during the German EU Council Presidency in 2007 to report together with EU partners on the ground on the situation of human rights defenders and develop local strategies for their protection. The missions should also cultivate contacts with human rights defenders by organizing yearly meetings with partner organizations active in this field.
Organization for Security and Co‑operation in Europe (OSCE)
In 2007 the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) established a Focal Point for Human Rights Defenders and National Human Rights Institutions. The Focal Point monitors the situation of human rights defenders, identifies cases of concern and endeavours to promote and protect their interests. In cooperation with other international bodies, national and international non‑governmental organizations and OSCE partners, the Focal Point supports the work of human rights defenders in particular through measures designed to strengthen human rights institutions and to provide training in this field. Germanyhas supported the work of the Office by funding specific projects that provide training, for example, for the staff of national human rights institutions.
In December 2007 the ODIHR published a report entitled “Human Rights Defenders in the OSCE Region – Our Collective Conscience”. This was followed up in December 2008 with a report entitled “Human Rights Defenders in the OSCE Region – Challenges and Good Practices”.
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Last updated 13.07.2011