Trends of repression for human rights defenders at risk: an analysis of the Report of the UN Special Rapporteur on human rights defenders, with reference to PBI’s accompaniment

By Elena Rosini
22 April 2010

On 30 December 2009, Margaret Sekaggya, the UN Special Rapporteur on the situation of human rights defenders, issued her latest report, highlighting the issues that defenders face globally. The trends of repression underlined within the report reflect the challenges that the organisations and activists that PBI accompanies in Asia and Latin America face on a daily basis. The present article provides an analysis of trends of repression, looks into the work that PBI has carried out with organisations at risk and, drawing on the recommendations of the UN report and the 2009 Protection Conference, provides suggestions for ensuring defenders’ security.

Human rights defenders (HRDs) in international law
Since the adoption 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” [1]  in 1998, human rights defenders is a term used to refer to people who, individually or with others, work to promote and protect human rights. As the Special Rapporteur on the situation of human rights defenders points out, “[...] it is their activities in the defence of human rights that makes them human rights defenders”.[2]

Importance of human rights defenders
Human rights defenders are on the front line of the protection and promotion of human rights, fundamental freedoms and the rule of law. According to the European Commission’s European Instrument for Democracy and Human Rights programme (EIDHR), democracy can be achieved through the support of human rights defenders’ work in their efforts to challenge the dominant order.

Similarly, the Inter-American Commission on Human Rights highlights that: “The tireless work of human rights defenders has been essential in the defense of rights under dictatorships, authoritarian governments, and internal armed conflicts. Today [...] the work of human rights defenders continues to be essential for the process of strengthening democracies”.[3] 

Trends in repression: report of the Special Rapporteur on HRDs (2009)
The Declaration on Human Rights defenders sets out the preconditions necessary for the creation of an enabling environment which allows activists to carry out their work effectively. Through its accompaniment and advocacy strategy, PBI has been working with defenders in Asia and Latin America to ensure that these preconditions are fulfilled, in an attempt to legitimize the work of HRDs often undermined and threatened by public authorities.  With her latest report on the situation of human rights defenders,[4] the Special Rapporteur Margaret Sekaggya, stresses the main issues they face, specifically:

1.    Stigmatization, prosecution of defenders, and criminalisation of their activities
2.    Role of non-state actors & lack of state responsibility to protect
3.    HRDs most at risk: women and LGBT activists

Criminalisation of HRDs in Colombia
According to Father Javier Giraldo of the Inter-Church Justice and Peace Commission (CIJP), which PBI has been accompanying since 1994, “the current strategies of attacking human rights organisations are more oriented towards criminal prosecution, false accusations and stigmatisation. The effects are [...] undermining human rights work, weakening organisations and silencing report of abuses.”

In 1998 the offices of the CIJP were the target of a raid authorised by the Terrorism Unit of the Regional Public Prosecutor Office in Bogota’. Members of the organisation were accused of being part of the guerrilla, their identity documents were confiscated and their members threatened with weapons. As the UN report of the Special Rapporteur highlights, the prosecution of defenders invokes the principle of national security and it is used to restrict the scope of action of activists. This is of particular concern in Colombia, a country characterised by multiple conflicts, where actors operate with impunity, fabricating false accusations against NGOs and social movements. Unfortunately, episodes like that continue in the region.

In Colombia PBI works with, amongst others, lawyers fighting for justice, representing victims of state violence and displaced communities; as a direct consequence of their work, these lawyers become targets of intimidation, threats and repression.

Members of the José Alvear Restrepo Lawyers Collective (CCAJAR) have been followed and intimidated on a number of occasions, due to the support they offer to Afro-Colombian communities affected by development projects, displaced communities and trade unions.

The role of non-state actors
PBI accompanies groups defending indigenous rights against the actions of large scale projects carried out by transnational corporations; these populations are victims of gross human rights violations including displacement, extrajudicial killings and arbitrary arrests with impunity.

The Special Rapporteur stresses that states, as duty-bearers, have the primary responsibility for the protection of individuals within their jurisdiction and should put an end to impunity for non-state actors. Secondly, the Declaration on Human Rights defenders is addressed not only to states, but to everyone, as set forth in article 10 of the Declaration, according to which: “no one shall participate [...] in violating human rights and fundamental freedoms” [emphasis added].

Indigenous groups accompanied by PBI

Indonesia:
•    Pastor John Djonga
•    the Space for Local Culture (YSBA)
•    Papua’s NGO Cooperation Forum (FOKER)

Mexico:
•    Organisation of the Indigenous Me’Phaa People (OPIM)
•    Tlachinollan Human Rights Centre


Guatemala:
•    Association of Indigenous Women of Santa María Xalapan (AMISMAXAJ)

Human rights defenders of concern to the Special Rapporteur
Among the categories of human rights defenders most at risk, the Special Rapporteur indicates women and defenders of the rights of Lesbian, Gay, Bisexual and Transgendered (LGBT) people. PBI is committed to the protection of vulnerable defenders at risk. Working in traditional patriarchal societies, women face even more discrimination than their male counterparts; similarly, sexual minority rights defenders not only face intimidation because of the nature of their work in the promotion of human rights, but they also experience societal indifference and homophobia. Cases of killings, arbitrary detention and impunity are widespread.

PBI accompaniment to women rights defenders:

Colombia: Grassroots Women’s Organisation (OFP)
Indonesia: Suciwati Munir
Mexico: Organisation Of Women Ecologists of the Sierra of Petatlán
Guatemala: Association of Indigenous Women of Santa María Xalapan (AMISMAXAJ); National Coordinator of Guatemalan Widows (CONAVIGUA)

PBI accompaniment to sexual minorities rights defenders

Guatemala: OASIS

Protection gaps
The 2009 Special Rapporteur’s Rreport and the final report of the 2009 Conference on Security and Protection for Human Rights Defenders, provide a complementary framework in the analysis of the main threats and challenges relating to HRD protection, namely:

1. Impunity for violations against human rights defenders:
The inability to investigate, prosecute and convict perpetrators of attacks, whether state or non-state actors, and violations against defenders exposes HRDs to greater risks and strengthens the public perception that human rights can be violated with impunity.

2. Political will of host state:
The host state has the primary responsibility for protection, yet it is too often the cause of the problem. It is important that these states recognise and respect their international legal obligations, such as treaty agreements and international court decisions.

3. Lack of awareness on support available:
According to the Report of the 2009 Conference on HRD protection, many human rights defenders are unaware of the tools for protection available to them. It is important to strengthen the HRDs knowledge of the array of mechanisms offered.

4. Need for an integrated foreign policy:
The 2009 conference on HRDs protection highlighted the lack of interest in human rights issues in foreign policies as in many cases human rights concerns are wrongly considered as something “separate” from other issues, such as: economic growth, national security or conflict prevention. Human rights issues need to be pushed higher in the priority agenda through a better articulation of their direct links with the “higher-priority issues”.  

In light of the above analysis on the main trends of repression against HRDs and drawing on PBI’s experience in providing accompaniment to the defenders of concern to the Special Rapporteur on human rights defenders, actors are urged to consider the following suggestions to improve the situation of defenders at risk and promote the rule of law and democracy.

Recommendations
States are encouraged to:

1.    Consult HRDs in the setting up or review of protection programmes

2.    Define a protection program by law

3.    Provide training on human rights, gender issues and on the Declaration on Human Rights Defenders for the police and government officials

4.    Refrain from stigmatizing the work of human rights defenders. Recognize the legitimacy of their activities in public statements as the first step to reducing threats against them

5.    Investigate allegations of threats or human rights violations against human rights defenders and begin appropriate proceedings against the perpetrators to end impunity

6.    Adopt the Declaration on HRDs as domestic legislation and provide training to the police

The EU & Embassies should consider:

1.    Providing training on the EU Guidelines to HRDs and Mission staff

2.    Raising awareness among embassy staff on the situation of HRDs

The international community should consider:

1.    Developing a creative advocacy strategy towards countries which have disregarded human rights

2.    Responding more effectively to media attacks and slander incidents against HRDs