UNIItL )
NATIONS
Economic and Social Distr.
Council
GENERAL
E/CN.4/2005/1 01
13 December 2004
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Agenda item 17 (b) of the provisional agenda
PROMOTION AND PROTECTION OF HUMAN RIGHTS
HUMAN RIGHTS DEFENDERS
Report of the Special Representative of the Secretary-General, Hina Jilani
C
GE.04-16816 (E) 100105
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Summary
This report is the fifth annual report to the Commission on Human Rights presented by
Hina Jilani, Special Representative of the Secretary-General on human rights defenders. It is
submitted pursuant to Commission resolution 2004/68.
Section I of the report describes the Special Representative's activities during the course
of 2004. As summarized in this section, these activities included raising individual cases of
concern with Governments, country visits to Angola and Turkey, as well as a follow-up visit to
Colombia, and collaboration with United Nations bodies, regional intergovernmental institutions
and with non-governmental organizations (NGO5).
Section II analyses trends and patterns in the cases of concern taken up by the
Special Representative with States over the year. In 2004, 316 communications were sent to
Governments concerning reported violations against 895 human rights defenders and 165 NGOs,
in connection with their human rights work. This section examines groups of defenders that are
particularly targeted, moments of vulnerability, categories of reported violations and the
perpetrators of those violations. The last part of section II provides an analysis of government
responses to her communications.
In section III, the Special Representative analyses the situation of human rights defenders
in the 13 countries concerning which she has sent the highest number of communications
during 2004.
Section IV examines the situation and role of human rights defenders in the context of
international peace and security. The Special Representative argues that, by exercising their
right to promote and strive for the protection and realization of human rights, human rights
defenders play an important role in the promotion of peace and security.
The report concludes with a number of recommendations.
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CONTENTS
Paragraphs Page
Introduction 1 4
ACTIVITIES 2- 13 4
A. Urgent appeals and allegations 2 - 3 4
B. Country visits 4 - 5 4
C. Cooperation with the United Nations system
and other intergovernmental organizations 6 - 10 5
D. Cooperation with NGOs 11 - 12 5
E. Other activities 13 6
II. TRENDS IN THE SITUATION OF HUMAN
RIGHTS DEFENDERS 14- 81 6
A. Which defenders are being targeted, and where 7 16 - 27 6
B. Moments of vulnerability 28 - 33 8
C. Types of violations allegedly committed
against human rights defenders 34 - 63 9
D. Perpetrators 64 - 68 14
E. Outcome of cases and overview of
government responses 69-81 14
III. COUNTRY-SPECIFIC FOCUS 82 - 123 16
IV. HUMAN RIGHTS DEFENDERS AND PEACE
AND SECURITY 124 - 134 22
V. RECOMMENDATIONS 135 - 139 25
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Introduction
1. This report is the fifth annual report to the Commission on Human Rights submitted by
the Special Representative of the Secretary-General on human rights defenders, Hina Jilani. It is
submitted pursuant to Commission resolution 2004/68. Section I describes the Special
Representative's activities during the course of 2004. Section II describes the trends in the
situation of human rights defenders through the analysis of communications sent to States over
the reporting period. Section III examines the specific situation of defenders in 13 countries
where over 8 communications were sent by the Special Representative in 2004 through the
analysis of the cases taken up and the government responses provided. Section IV examines the
role that human rights defenders play in conflict and peace-building and the impact of such
situations on their work and safety.
I. ACTIVITIES
A. Urgent appeals and allegations
2. From 9 December 2003 to 9 December 2004, the Special Representative
sent 316 communications on over 331 cases, including jointly with other mandates, regarding
some 895 defenders and 178 organizations working on human rights.
3. She notes with concern the continued increase in the number of communications sent
from 235 in 2003 to 316 this year. As noted in her 2003 report to the Commission,
(E/CN.4/2004/94) while this growth may in part reflect the increased visibility of her mandate,
she is concerned at the continued increase in reports of serious violations of the rights of human
rights defenders throughout the world, which attests to the continuing need for their effective
protection 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 (Declaration on Human Rights Defenders).
B. Country visits
4. During the reporting period the Special Representative undertook two country visits. In
the context of her 2004 focus on Africa, she visited Angola from 16 to 24 August. She also
carried out a visit to Turkey from 11 to 20 October. Separate reports on those visits have been
submitted to the current session of the Commission as addenda to the present document.
5. In 2004, the Special Representative has requested an invitation from the Government of
the Russian Federation and reiterated her requests to the Governments of Belarus, Chad, Egypt,
India, Indonesia, Nepal, Tunisia, Turkmenistan, Uzbekistan and Zimbabwe. She hopes to
receive favourable responses shortly in order to carry out official visits in the course of 2005.
She thanks the Governments of the Democratic Republic of the Congo, Nigeria and Senegal for
responding favourably to her request and hopes that dates for her visit can soon be agreed on.
She expresses her appreciation to the Government of Colombia for making itself available to
follow up on her 2001 visit during her trip to Bogota in October. She hopes that such follow-up
visits to other countries visited previously can be further explored in 2005.
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C. Cooperation with the United Nations system and
other intergovernmental organizations
6. The Special Representative has continued her efforts to work in cooperation with all
bodies of the United Nations as well as with regional intergovernmental organizations.
7. In that context, she was invited to participate in a consultation organized by the newly
established Focal Point on human rights defenders of the African Commission for Human and
Peoples' Rights, Ms Janaiba Johm, held in March in the Gambia to examine possible methods of
work, objectives and cross-fertilization. She welcomes this new cooperation with the African
regional mechanism and hopes that it can be furthered next year.
8. The Special Representative has also sought to further her cooperation with the
European Union (EU). She participated in a consultation in May 2004 about the draft EU
guidelines on human rights defenders and welcomes their adoption. She is encouraged by the
continued efforts of the EU to work at their effective implementation. In this context, the
Special Representative thanks the Governments of Ireland and the Netherlands for their active
support in the dissemination of the norms enshrined in the Declaration.
9. The Special Representative also attended the World Forum on Human Rights organized
by the United Nations Educational, Scientific and Cultural Organization in Nantes, France, in
June and a meeting on national human rights institutions in September in the Republic of Korea
organized by the National Human Rights Commission of the Republic of Korea in collaboration
with the Office of the United Nations High Commissioner for Human Rights (OHCHR). She
also participated in a forum entitled “New ignorance, new literacies - learning to live together in
a globalizing world” organized by UNESCO in Barcelona, Spain.
10. She continued to develop her ties with the Organization for Security and Cooperation in
Europe (OSCE). In that context, she was invited to participate in the OSCE Human Dimension
meeting held on 13 October in Warsaw, which focused in part on freedom of association, a
theme addressed in her 2004 report to the General Assembly (A159/401). One of her staff was in
attendance, which provided a good opportunity for interactions with civil society and
government representatives from the region.
D. Cooperation with NGOs
11. The Special Representative has continued to interact with NGOs at the international and
local levels.
12. In 2004, the Special Representative and her staff participated in several meetings,
training courses and seminars organized by civil society. Owing to her heavy schedule, she was
unfortunately not able to attend all events personally but tried to have one of her staff be present.
In 2004, the Special Representative was invited to the Third Latin American Consultation on
Human Rights Defenders and the Biennial Conference of the International Commission of
Jurists, which focused on human rights and counter-terrorism. The Special Representative
wishes to thank the NGOs that organized those meetings and made her participation possible.
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E. Other activities
13. In November 2004, the Special Representative presented her annual report to the
General Assembly, which focused on her concern at the increasing restrictions imposed by States
on the freedom of association, through the passing of extremely restrictive and cumbersome
legislation regulating freedom of association, and the deliberate use of the courts by some States
as a means of curtailing this right and closing down or silencing organizations. The report
described the increasing tendency by States to adopt “NGO laws” to regulate the work of
non-governmental organizations - legislation which, in many instances, has been used to restrict
human rights activities in violation of the Declaration.
II. TRENDS IN THE SITUATION OF HUMAN RIGHTS DEFENDERS
14. This section of the report provides an analysis of alleged violations against human rights
defenders as reflected in the communications sent by the Special Representative to Governments
from 9 December 2003 to 9 December 2004. Communications relied on information received by
the Special Representative from several sources, including international and national NGOs,
trade unions, individuals, professional associations and human rights units of the United Nations
in various countries. It is cross-checked to ascertain its veracity. The analysis of trends
contained in this section provides an overview of the situation of human rights defenders in
countries from which relevant information was received. It does not constitute an exhaustive
account of the situation of defenders worldwide. Nevertheless, as in previous years, the overall
comparative reading of communications yields evident patterns and characteristics with regard to
the types of violations committed against human rights defenders, moments of vulnerability, and
categories of alleged perpetrators.
15. During the reporting period, the Special Representative sent 316 communications,
including 251 jointly, concerning over 330 cases and regarding at least 895 defenders and
over 178 NGOs. The communications related to all regions of the world: the Americas
(32 per cent), Asia (21 per cent), North Africa and the Middle East (17.5 per cent), Europe
and Central Asia (16.5 per cent), and Africa (13 per cent).
A. Which defenders are being targeted, and where?
16. Cases concerning human rights defenders being targeted because of the activities of the
NGOs of which they are members continue to form the majority of communications sent this
year. Out of 895 individuals targeted, 692 were members of NGOs.
17. In 2004, human rights defenders were targeted in their professional capacity as
journalists (54), lawyers (37) and doctors (2). Trade unionists (27), relatives of victims (21) and
civil servants (3) have also encountered serious hostility as a result of their activities. A marked
increase must be noted in the number of students targeted owing to their activities in defence of
human rights (75). However, of these 75 students, 45 were arrested at the same event.
18. The Special Representative notes with concern an increase in the number of cases of
serious violations against journalists. In particular, journalists have been abducted, received
death threats, and in some cases been killed after the publication of articles denouncing human
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rights violations. The Special Representative expresses her deep concern over this increasing
trend, especially in light of the killing ofjournalists in Bangladesh and Nepal. Such cases were
communicated to the Governments of Algeria, Argentina, Belarus, Chad, Colombia, Cuba, the
Democratic Republic of the Congo, Ecuador, Ethiopia, Guatemala, Iran (Islamic Republic of),
Iraq, Maldives, Mexico, Myanmar, Serbia and Montenegro, Sudan, Thailand, The former
Yugoslav Republic of Macedonia, Tunisia, Uzbekistan and Zambia.
19. Of concern to the Special Representative is the notable increase in attacks against
relatives of human rights defenders. In some instances, a change in the strategy appears to have
occurred, with certain States now resorting to indirect targeting in order to pressure defenders.
In one case, the brother of a trade unionist, his wife and son were shot at in their home.
20. The targeting of international humanitarian workers, particularly in the context of
ongoing and post-conflict situations, has continued, with killings and abductions of
international workers from United Nations agencies and international relief organizations. At
least six humanitarian workers have been killed this year and four others abducted.
21. While in most instances defenders continue to be targeted as human rights activists in
connection with their efforts to uphold general human rights norms, States have also shown an
increased sensitivity to a number of specific human rights issues.
22. Human rights defenders have been disproportionately targeted in relation to their work
on indigenous and land rights in Brazil, Chile, Colombia, Ecuador, Guatemala, Honduras, India,
Indonesia and Mexico.
23. Cases show that defenders have also been disproportionately targeted in connection with
their activities against torture and inhumane treatment in Bahrain, Cameroon, Chile, Sri Lanka,
the Sudan, the Syrian Arab Republic, Tunisia and Uzbekistan.
24. Defenders working on democratic rights continued to be the subject of violations,
especially in the context of elections. Others were targeted for demanding an end to emergency
laws and calling for political reform during demonstrations. Such cases were reported in
Azerbaijan, Bangladesh, the Democratic Republic of the Congo, hidonesia, the Libyan Arab
Jamahiriya, Saudi Arabia, the Syrian Arab Republic and Uzbekistan.
25. Defenders working to uphold the rule of law or calling for an end to impunity have also
been targeted as a result of their work in Algeria, Bangladesh, Brazil, Chile, China, Honduras,
Jamaica, Mexico, Pakistan, Peru, the Russian Federation, Serbia and Montenegro, the Sudan,
Venezuela and Uzbekistan. hi one instance, a defender due to testify was allegedly threatened
by his former commanding officer and told to conceal the truth.
26. Defenders working to uphold the rights of minorities and freedom of religion have
suffered particularly harsh treatment this year and their status as defenders has been repeatedly
denied. Many have been labelled “terrorists” by State authorities and perceived as a threat to the
integrity of the State. Cases of this type were reported in Azerbaijan, Bangladesh, Haiti, I raq and
the Russian Federation.
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27. Violations have also taken place against human rights defenders working on a wide array
of issues including women's rights, peace, disappearances, and lesbian, gay, bisexual and
transgender issues.
B. Moments of vulnerability
28. Information received in 2004 continues to illustrate the existence of definite
circumstances and occasions when the vulnerability of human rights defenders is particularly
heightened.
29. An overwhelming number of communications sent by the Special Representative in 2004
concerned human rights defenders targeted before, during, or just after publicizing human rights
issues. As in 2003, the communications continue to reflect this trend with 82 reports of attacks
on defenders at the time of publication of reports, articles, petitions, open letters, radio
broadcasts, public statements and campaigns denouncing human rights violations. In one case,
the office of a human rights organization was raided and its equipment stolen or damaged
following the publication of a book concerning alleged acts of torture carried out by police.
30. Forty-six cases accounted for defenders targeted in the context of the investigation of
human rights abuses. For example, ajournalist was abducted from his home and killed after
helping the police investigate cases involving organized crime. Violations against defenders
acting as witnesses in court cases are numerous, especially where it is very likely that the rule of
law will be enforced, or when defenders cooperate with national and international judicial and
other authorities. In one case, a human rights defender was forced into hiding after being
accused of “selling his country to foreigners” following his participation in the Commission on
Human Rights in 2004.
31. Participation in conferences, workshops and meetings, and travel to and from these
events continues to provide occasions for special targeting of defenders. In 2004, the Special
Representative sent 32 communications in this regard. In one case, a man and wife, both living
with HIV/AIDS and due to travel to petition against inadequate health care, were arrested and
detained, thereby preventing their travel. Cases of this nature were reported in Algeria,
Azerbaijan, China, the Democratic Republic of the Congo, Ecuador, Malaysia, Nepal, the Sudan,
the Syrian Arab Republic and Tunisia.
32. Peaceful public demonstrations, rallies and strikes to denounce violations continue to be
moments of particular vulnerability. Defenders continue to be increasingly targeted in the
run-up to demonstration and to suffer from the use of excessive force by authorities during
peaceful protests. Communications sent in this respect in 2004 included a case where protesters
were surrounded by 30 anti-riot police for three hours before being arrested and another where
riot police allegedly fired tear gas into the crowd, wounding protestors. States have put undue
limitations on the right to dissent, limiting the opportunity of peaceful protest, and used such
limitations as a basis for arrests and arbitrary detentions before, during, and in the aftermath
of such events. Communications have been sent in this respect to Argentina, Bahrain,
China, Cuba, Ecuador, Guatemala, Israel, Malaysia, Maldives, Morocco, Pakistan, Peru,
the Russian Federation, the Sudan, the Syrian Arab Republic and Zimbabwe.
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33. Lastly, the run-up to and organizing of elections has also been a time of particularly
adverse action against defenders. In one country, NGOs were placed on a “watch list” in the
run-up to the elections as their investigations were seen as a potential danger to the country's
security.
C. Types of violations allegedly committed against
human rights defenders
34. The Special Representative notes with grave concern an increase in the number of reports
of serious human rights abuses against defenders and a notable shift away from low-level
targeting, such as intimidation and harassment, to more serious violations, such as attacks on and
threats to the physical integrity of defenders. In particular, the Special Representative is alarmed
by the number of reported killings this year, with at least 47 defenders killed.
1. Using the law to violate human rights: arrest, detention, prosecution
and imprisonment of human rights defenders
35. The majority of communications sent by the Special Representative to Governments
this year concerns cases of human rights defenders who were arrested (80), detained (78),
prosecuted (50) or held incommunicado (36) in connection with their activities in the defence of
human rights.
36. Human rights defenders worldwide have been arrested and detained, many without
warrants, for investigating or reporting on human rights abuses, holding peaceful
demonstrations, participating in workshops, travelling and making critical statements against the
authorities. Many were detained without charges only to be released days, in certain instances
weeks later without having had access to a lawyer, medical care, or to a judicial process, nor
being informed of the reason for their arrest. In one case, a defender charged with murder was
imprisoned for 3 years, during which time his trial was postponed 18 times; he was released
without charge. Others still remain in detention, and may be at risk of torture or other forms of
ill-treatment.
37. State authorities have continued to use the courts and restrictive legislation to deter
defenders from carrying out their work and punish them for their activities. In particular,
defenders have faced charges of “inciting rebellion”, disseminating “false information” and
“damaging the country's reputation” for reporting on the internal human rights situation at
international human rights events. Increasingly, defenders have been accused of terrorist
activities, subversion, aiding and abetting illegal organizations, endangering the integrity of the
State for acts such as making public statements, publishing reports or participating in
demonstrations. In other instances, criminal charges have been fabricated against them.
38. While a number of court cases against defenders resulted in acquittals, many others
resulted in their conviction, with penalties ranging from fines to life imprisonment. In 2004,
examples include a defender, who was denied legal representation during his trial, being
sentenced to 21 years' imprisonment for violating press and security laws after writing a
statement against the de facto house arrest of political activists which was broadcast on the radio.
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39. Legal proceedings against defenders have become multiple, repeated and lengthy. An
increasing number of defenders and their organizations have been charged in several cases or
face extremely long procedures, with some defenders on or awaiting trial for years.
40. Communications sent this year have continued to reflect the worrying trend noted last
year of Governments' drafting and passing new restrictive legislation to regulate the creation and
operation of NGOs, resulting in the criminalization of activities in the defence of human rights.
Such laws provide the basis for charging, detaining and sentencing defenders and allow States to
unduly monitor and interfere in NGO activities. Communications sent in 2004 also highlight the
adverse impact of restrictive legislation on NGOs. In one case, an NGO was shut down by the
Government owing to the refusal by the Ministry of Justice to renew its registration based on a
2003 presidential decree. Prior to the closure, members of staff received death threats and were
subjected to other forms of intimidation. Communications were sent regarding such cases to
Belarus, Rwanda, Turkmenistan, Uzbekistan and Zimbabwe.
41. Partly as a result of such laws, defenders have had to pay exorbitant fines or bails. In
one case, a defender was arrested and detained after meetings with trade unionists and later
released after paying bail of £2,000. In another case, a defender was fined $200 for publishing
articles on a web site which voices strong opposition to the Government. In the past year,
incidents of this nature have been reported in Belarus, Democratic Republic of the Congo, Iran
(Islamic Republic of), Malaysia, Morocco, Tunisia, Turkey and Uzbekistan.
42. The Special Representative reiterates her concern, expressed at length in her 2004 report
to the General Assembly, over the increasing restrictions imposed by States through legal means
to curtail freedom of association and the growing use by States of the legal system to harass
human rights defenders and hinder their work. Such harassment has resulted in defenders'
reputations being undermined and in their time and financial resources being diverted from their
human rights work.
2. Violation of the rights to life and mental and physical integrity
43. Compared to 2003, the number of cases sent in 2004 regarding the most serious forms of
violations against defenders has increased, in particular cases concerning human rights defenders
killed (26), those on whose life attempts have been made (14), those assaulted (39), kidnapped or
abducted (15), tortured or otherwise ill-treated (30), and those who have received threats (93).
44. The Special Representative has sent communications on 26 cases regarding the killing
of 47 human rights defenders in 2004. Defenders working on labour rights, environmental and
land issues have paid a particularly high price in this respect. In one case, the president of a
trade union working to improve labour conditions in the garment industry was shot in broad
daylight as he stood at a newspaper stand.
45. Defenders have been subjected to ill-treatment such as beatings with electric batons,
being blindfolded, tied to chairs and sprayed with tear gas. At a demonstration, the police
reportedly used rocks, pebbles, electric batons and tear gas against students protesting against a
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decision by their dean to refuse to establish a student union. In another case, human rights
defenders were detained by the security forces and driven to a police point where plastic bags
were put over their heads whilst they were submerged in water and beaten. Such abuses have
occurred while defenders were being arrested and en route to their places of detention.
46. A number of detained defenders have been held in poor conditions without access to
food, water, or medical care. Others have been held incommunicado or in solitary confinement
with no access to their relatives or legal counsel. Defenders have equally been subjected to
ill-treatment and torture while in custody. Thirty-nine members of an NGO working with sexual
minorities on sexual health, including HIV/AIDS, and campaigning for the rights of sexual
minorities were reportedly arrested and deprived of food and water for the first 15 days of their
detention; four were allegedly forced into a police van, beaten and raped.
47. Defenders have had shots fired at their homes, offices and cars. Some have had to flee
for their lives while being chased by unknown armed individuals on motorbikes. Peace activists
have been shot or otherwise killed by regular armed forces. Defenders have been abducted at
gunpoint by military and plain-clothes officers or have faced armed attacks on their vehicles and
homes. Some have been shot dead in front of their houses or offices, in hospitals and sports
clubs. In one case, the house of a community leader working for the defence of indigenous
people's rights was reportedly burned down, killing her uncle, also a community leader.
48. Human rights defenders have also had to live in fear for their safety and that of their
families. Repeated anonymous phone calls and letters have explicitly threatened them with
arrest, disappearance and death in an attempt to deter them from investigating cases of abuse,
continuing to publish articles on police brutality or testifying in a murder case. In one case, the
wife of a defender received flowers by courier containing a grenade. Defenders have also been
insulted and verbally assaulted in connection with their activities.
49. As in previous years, the majority of cases concerning defenders who have been
the subject of such attacks against their person came from Latin America, where at
least 15 defenders were killed and many threatened (45) or otherwise assaulted (30). Allegations
of such violations were received from Argentina, Brazil, Chile, Colombia, Ecuador, Guatemala,
Haiti, Honduras, Jamaica, Peru and Mexico.
50. Asia remains the second region in terms of cases sent concerning defenders killed (11),
threatened (20), or otherwise assaulted (11). Communications in this respect were sent to the
Governments of Bangladesh, Cambodia, India, Malaysia, Indonesia, Iran (Islamic Republic of),
Nepal, Pakistan, the Philippines, Thailand and Viet Nam.
51. There has also been an increase in the number of communications sent concerning
serious threats against the physical integrity of defenders in Europe and Central Asia,
in particular, killings (2), death threats (11), torture (9), physical assaults (8), and
kidnapping (2). The Special Representative has sent communications in this regard to
Armenia, The former Yugoslav Republic of Macedonia, Kyrgyzstan, the Russian Federation,
Serbia and Montenegro, Sri Lanka and Uzbekistan.
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52. Defenders in the Arab States and Israel have also faced serious threats against their
physical integrity, including killings (1), attempted killings (1), death threats (5), torture (4),
physical assaults (4), and kidnapping (2). Communications in this regard were sent to Algeria,
Iraq, Israel and Tunisia.
53. The Special Representative has also received allegations of such violations from
defenders in the Central African Republic, Chad, Côte d'Ivoire, Senegal, the Sudan and Zambia.
3. Intimidation and harassment campaigns
54. In 2004, defenders have continued to suffer from defamation campaigns orchestrated by
Governments and private actors. In some cases, senior State officials have publicly linked
defenders to rebel or terrorist groups, labelled them “enemies of the people”, or questioned their
morals. In one instance, an official from the Ministry of Justice accused human rights
organizations of being financed by criminal networks and disseminating false information in the
media. The president of the same country accused some human rights groups critical of his
record of serving the interests of “dubious organizations”. Other government agencies have
allegedly printed leaflets disclosing the personal contact details and pictures of defenders in
relation to acts of terrorism. For instance, after a bomb attack in the Moscow metro a leaflet was
reportedly published with defenders' names and photographs, linking them to a terrorist attack;
these were allegedly displayed in police stations and several other public places throughout the
city.
55. This type of harassment of human rights defenders bears serious repercussions for their
physical and psychological integrity: it stigmatizes them, places them at risk, and in some cases
has impelled them to give up their work to go into hiding. While in many cases accusations were
proven wrong, no public apology was forthcoming. Such attacks constitute grave attempts to
undermine the credibility and integrity of human rights work in the public eye.
56. Defenders have also been targeted professionally to silence or punish them for their
action. Lawyers, judges and doctors have faced disciplinary proceedings from their professional
boards, been sanctioned, lost theirjobs, and at times had their licences taken away for offering
legal counsel or reporting human rights abuses.
57. In many countries, defenders have continued to face daily surveillance, including being
followed by plain-clothes officers, having armed men in cars watching their homes and offices,
and having their phones tapped. Others have been summoned to report to the police on a regular
basis and repeatedly interrogated about their organization and work.
58. Defenders' offices have been raided, vandalized and shut down. In one case,
over 20 armed members of the military police arbitrarily raided the office of an NGO, seizing
computer equipment and papers addressed to it and other organizations. Having found a black
ink cartridge and presuming that it was an explosive, officials arrested and detained a defender
for terrorist activities. He was subsequently released without charge. Defenders have had their
documents, clients' files and photographs confiscated and not returned to them. Incidents of this
nature have been reported in Bangladesh, Bahrain, Burundi, Colombia, Costa Rica, Egypt,
Guatemala, Honduras, Indonesia, the Russian Federation and Viet Nam.
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59. Defenders have continued to confront limitations to their freedom of movement and their
right to access information. Some have been barred from travelling abroad, have had their travel
documents seized, been refused access to planes and detained at airports in order to prevent them
from reporting about the human rights situation in their country to international forums and
bodies. Others have been refused visas and barred from access to places of human rights abuses,
victims and clients. In one case, despite a court authorization, a community council was
prevented from photographing conditions of detention in a penitentiary by the prison staff, who
forced them to leave the prison and terminate their visit. Defenders have encountered such
obstacles in Algeria, Azerbaijan, Brazil, China, the Democratic Republic of the Congo,
the Sudan, the Syrian Arab Republic and Tunisia.
60. In connection with the restrictive legislation regulating freedom of association in a
growing number of countries, defenders have been harassed with regard to administrative
requirements to register and legalize their organization. Governments have passed new laws
requiring all NGOs to re-register, allowing them to selectively deny legal status to NGOs critical
of government policies. Defenders have also seen their work hindered by burdensome
administrative authorization and reporting requirements, not only for holding demonstrations and
strikes but also for internal meetings. Human rights organizations have continued to be
threatened with closure by local courts on complaints from government ministries for minor
administrative irregularities. In one case, agents of the Ministry of Health entered the offices of
a health and rehabilitation centre for victims of torture and domestic violence and confiscated
patients' files. A complaint was filed against the centre, accusing it of using a clinic for
“prohibited purposes”, which could result in its closure. Human rights defenders have faced
such difficulties in Belarus, Egypt, the Syrian Arab Republic, Tunisia, Turkmenistan, Uzbekistan
and Zimbabwe. The Special Representative is particularly concerned about defenders being
prevented from forming and operating organizations and existing ones being closed down. Such
practices and restrictive laws have forced defenders to continue their work without legal
protection, to terminate their activities and, in some cases, even to flee their country.
4. Lack of response from the authorities and impunity
for abuses against defenders
61. Defenders have frequently had no response from the authorities to their situations or
complaints, resulting in impunity for those abusing their rights. Police forces have failed to
intervene to stop assaults against defenders by private actors and have stood by and allowed the
perpetrators of violations to escape without trying to apprehend them. In some cases, defenders
have been interrogated, investigated and detained for having reported such incidents. In one
case, it was reported that police in proximity to a defender who had been shot on his way home
from work failed to intervene.
62. Judicial authorities worldwide continue to show an alarming leniency towards suspected
perpetrators of abuses against defenders, in particular where the alleged perpetrators are
members of the security and armed forces. Of the 128 cases sent by the Special Representative
in 2004 of violations by the security and armed forces, only 2 resulted in convictions.
Information received shows that the majority of cases brought by defenders are still pending.
Overall, Governments have shown little willingness to hold their agents accountable.
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63. The Special Representative remains deeply disturbed at this trend, which indicates
that impunity for human rights abuses against defenders remains unacceptably high.
Far from fulfilling their duty of protection, a number of States seem to criminalize the
activities of defenders and tolerate, and in some cases legitimize, the abuses perpetrated against
them.
D. Perpetrators
64. Roughly half of the communications sent by the Special Representative concern abuses
reportedly committed by police and security forces worldwide, such as the riot police,
gendarmes, intelligence forces and immigration officials. Police and security forces have been
particularly involved in serious forms of abuse such as physical assaults, arbitrary detention,
ill-treatment in custody and surveillance.
65. The Special Representative reiterates her concern this year with regard to the increasing
number of communications (75) concerning the targeting of defenders by the judicial system,
government bodies such as the Ministries of Social Affairs, the Interior and Justice and, in some
cases, even the parliament. This worrying trend confirms the institutionalization of the targeting
of defenders noted in her 2004 report to the Commission.
66. In an alarming number of cases (74), the identity of the perpetrators remains unknown,
owing to lack of interest in investigating complaints by State agencies. This is typically the case
for violations of the gravest nature, including killings, attempted killings, kidnappings and death
threats. Such a situation generates a climate of impunity for violations committed against
defenders and weakens the ability of the State to ensure their protection.
67. Military, paramilitary and rebel armed forces continue reportedly to be responsible for
abuses against defenders in many cases (69), particularly in regions facing armed conflict or
growing rebellion. Armed forces are mainly responsible for killings, serious injuries,
disappearances and incommunicado detentions.
68. Finally, information received in the past year also pointed to private actors as
perpetrators (7).
E. Outcome of cases and overview of government responses
69. During the course of 2004, the Special Representative received follow-up information
from Governments and NGOs which allowed her to draw further conclusions on
communications sent.
70. While in many cases follow-up communications on continued violations were sent to
Governments, the Special Representative is pleased to note that in a few cases, violations have
ended. Out of the 114 cases concerning detention, at least 12 resulted in the release of the
defenders concerned. In six cases, human rights defenders were acquitted of the charges against
them.
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1. States' responsiveness to communications
71. Of the 316 communications sent by the Special Representative this year, 139 replies
had been received as of 9 December 2004. This number represents a slight decrease in the
percentage of responses received for the same period last year. It must be noted that cases
sent in 2004 may still be responded to in the course of 2005. Indeed, during the course
of 2004, 60 responses were received concerning communications sent in 2003, bringing the total
number of responses received last year to 163 for 235 cases sent. The Special Representative
welcomes the replies to her communications that she has received.
72. Governments in Europe and Central Asia responded most frequently, with 36 responses
received for 52 communications sent (a 69 per cent response rate), followed by the Arab States
and Israel which responded to an increased number of communications in 2004: 22 responses
to 45 communications sent (a 43 per cent response rate). The Special Representative
received 47 responses from the Americas, representing a 46 per cent response rate. From
Asia, she received 33 responses to 76 communications (a 43 per cent response rate). The
lowest number of government responses in 2004 came from Africa (10), which represented
a 24 per cent response rate.
2. Types of arguments included in government responses
73. An analytical reading of responses received provides clear trends and patterns in the
arguments cited by Governments.
74. In the vast majority of responses received, Governments indicate a willingness to
cooperate with the international and regional mechanisms, in particular the Inter-American
Commission of Human Rights. Many report that steps have been taken to bring the alleged
perpetrators to justice and to ensure the protection of the victims, including investigations, risk
assessments and the arrest of perpetrators. In one case, an inter-institutional team was set up to
investigate killings, provide bodyguards and carry out additional patrols of the area.
75. Nevertheless, a number of defenders refused to take advantage of police protection
programmes because, in a majority of cases, victims allege that the violations were committed by
the police and military or with their active complicity.
76. Most responses report investigations to be ongoing and that perpetrators have only been
indicted; in two cases perpetrators were convicted and sentenced. The Special Representative
welcomes these efforts and encourages all Governments to continue them. She notes with
concern, however, that even where violations against defenders are recognized by Governments,
the level of impunity continues to be extremely high.
77. Almost a quarter of the responses received in 2004 cite national law as justification for
the alleged violations, or as the benchmark against which Governments' compliance with human
rights norms should be judged. Responses frequently claimed that States were acting in the
interests of national peace and security, and the facts alleged were often reworded, using national
law to legitimate action taken against defenders for the purpose of maintaining “public order”.
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The Special Representative would like to draw the attention of States to article 3 of the
Declaration on Human Rights Defenders which emphasizes that “domestic law consistent with
the Charter of the United Nations and other international obligations of the State ... is the
juridical framework within which human rights and fundamental freedoms should be
implemented and enjoyed and within which all activities [ in defence of human rights should be
conducted”.
78. Forty-six of the responses received declared that the facts reported in the communication
were inaccurate and provided alternative facts. In one case, the facts were denied with
vehemence by claiming that the defender “is an affiliate of a terrorist organization, which under
the guise of a welfare association used the above situation to organize those suspended students
for its mission against peace and security”. Interestingly, in all but 2 of the 15 responses to cases
concerning allegations of torture or ill-treatment, States have denied the allegations.
79. A worrying number of responses questioned the credibility of the defenders concerned
and denied any link between the alleged violation and human rights work. Several Governments
explicitly linked human rights defenders to terrorist activities or violent and politically motivated
acts. Cases of reported robberies, kidnappings and attacks against homes where the perpetrators
are unknown were often considered to be common crimes.
80. In 14 of the responses received, Governments failed to address the incidents reported in
the communications. In one case, concerning a human rights defender who was arrested and
ordered to report to the security forces headquarters every day from 9 a.m. until 10 p.m., the
Government refused to acknowledge that holding a defender for over 11 hours a day for an
undefined period of time amounted to detention. Other Governments ignored allegations of
torture or provided partial responses.
81. The Special Representative notes that responses in which Governments acknowledge
responsibility for wrongdoings towards defenders are particularly rare, with only
seven responses received in this respect. In one case, four policemen were arrested and are
currently in prison awaiting trial.
III. COUNTRY-SPECIFIC FOCUS
82. This section of the report analyses the trends in the situation of human rights defenders
of 13 countries which have been the subject of 8 or more communications from the Special
Representative in 2004: Brazil, China, Colombia, Ecuador, Guatemala, Iran (Islamic Republic
of), Mexico, Nepal, Russian Federation, Sudan, Syrian Arab Republic, Tunisia, Turkey and
Uzbekistan. The Special Representative sent a total of 171 communications to these
Governments, to which she received 68 responses.
83. Trends described below are not an exhaustive account of the situations of human rights
defenders in these countries, nor do the countries cited necessarily represent places where the
situation of defenders is the gravest. The analysis reflects those situations which have found
voices to relay them during the reporting period. In her 2006 report, the Special Representative
will review all country situations for which she has received information during her six years as
a mandate holder.
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1. Africa
Sudan
84. The Special Representative sent 18 communications to the Sudan relating
to 24 defenders, most of them journalists, lawyers or members of non-governmental
organizations. A majority of the violations occurred in the context of the ongoing conflict,
with defenders being targeted for perceived anti-State activities.
85. Defenders in the Sudan are reported to have suffered primarily from arbitrary arrests,
detention, torture and ill-treatment at the hands of the security forces, in particular the National
Security Agency, while working in Nyala, Zalingy and northern Darfur. Arrests typically
occurred after the publication of a report denouncing human rights violations in Darfur or
criticizing the use of torture by the authorities, but also during demonstrations in Khartoum or
upon the return of defenders to the country. A majority of defenders are reported to have
suffered torture and other forms of ill-treatment during their detention and were held
incommunicado. Few arrests resulted in actual charges being pressed against defenders. While
many defenders were released, a number remain unaccounted for.
86. The Special Representative thanks the Government for its two responses to her
communications. She regrets the absence of replies to the others, which prevented her from
taking into consideration the Government's analysis of the alleged violations referred to in her
communications. She reiterates her serious concern about violations committed against human
rights defenders in the Sudan and invites the Government to take all necessary measures to
ensure respect for the rights enshrined in the Declaration.
2. The Americas and the Caribbean
Bnizil
87. During the reporting period, the Special Representative sent eight communications to the
Government of Brazil. Most cases concerned defenders working on indigenous, land and labour
rights as well as denouncing police abuses.
88. At least four Brazilian defenders have been killed this year: three lawyers from the
Ministry of Labour, assassinated during a routine inspection of an estate, and one inspector from
the Ministry after his investigation of complaints concerning alleged illegal mining. The Special
Representative is extremely concerned about such acts, most of them perpetrated against State
officials. Defenders in Brazil also received numerous death threats in connection with their work
and faced attacks against their safety. In one case, a defender was threatened following the
publication of a report concerning torture and other ill-treatment by the police. Typically,
perpetrators have not been identified or made accountable for their action, which results in
increased impunity and creates a climate of fear and insecurity for those defending human rights.
89. The Special Representative thanks the Government of Brazil for its one response, but
regrets the absence of replies to her other communications. She calls on the Government to
ensure the protection of defenders in the country.
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Colombia
90. The Special Representative sent 31 communications to the Government of Colombia
regarding 50 defenders, most of them members of trade unions, lawyers orjournalists. A
majority of the alleged violations occurred in the context of the internal conflict in Colombia.
91. The Special Representative notes with extreme concern the deterioration of the situation
of defenders in Colombia this year. At least 10 defenders have been killed in 2004; another 10
have been abducted, assaulted, or had their houses attacked. Numerous raids have been carried
out by paramilitaries on the offices of human rights organizations and the homes of defenders.
Defenders have received a plethora of death threats which in such a context must be taken
seriously. Defenders have also suffered from defamation campaigns, including from State
authorities, including the distribution of leaflets asserting that they have links with the guerrillas.
Such attacks increase the vulnerability of defenders by placing them at greater risk of attack.
Most violations have occurred as reprisals for publicizing abuses committed by the paramilitaries
and to hinder investigations to bring the guilty to justice. A number of violations have also
occurred in the context of defending labour rights against private actors. Torture and other
ill-treatment were reported as well. Nearly half of the reported violations were carried out by
paramilitaries.
92. The Special Representative received responses to 18 of her 31 communications. She
thanks the Government for its cooperation. She welcomes the measures taken by the
Government to investigate many of the alleged violations referred to in her communications, but
remains concerned that the vast majority of cases are still pending, no perpetrators having been
identified or brought to justice. As a result, she cannot but conclude that impunity for those
perpetrating abuses against defenders continues. She wishes to thank the Government for
giving her the opportunity to follow up on the implementation of the recommendations made in
her 2001 country visit report while she was in Colombia in October 2004. The conclusions of
her findings, providing a more detailed overview of the steps taken by the Government to
address the situation and outstanding problems, are contained in the Colombia section of
addendum ito this report.
Ecuador
93. The Special Representative sent 10 communications to the Government of Ecuador
in 2004. Most of the defenders were targeted in connection with their work in the defence of
indigenous, land and labour rights, in particular in the context of oil extraction by international
private companies.
94. The majority of cases concerned threats at gunpoint, beatings and threats by phone.
Reports indicate that attacks occurred after defenders voiced public criticism, in particular
regarding free trade and private contractual agreements to extract oil on alleged indigenous
territory. In a few instances, the use of torture or other ill-treatment was reported in connection
with defenders working on the rights of gays, lesbians and transsexuals. In many cases the
perpetrators were not identified, but the police were reportedly involved in a few cases, notably
those relating to defenders of gay rights.
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95. The Special Representative regrets that at the time this report was finalized, the
Government had not transmitted any reply to her communications.
Guatemala
96. In 2004, the Special Representative sent 16 communications to the Government of
Guatemala relating to 31 defenders, mostly journalists, trade unionists and indigenous leaders. A
majority of violations occurred in relation to their work on land and community rights and on the
rule of law and impunity.
97. Defenders faced serious assaults against their safety: at least two defenders were killed
in connection with their work on economic and cultural rights. Many defenders were threatened,
had their offices and homes raided and their documents and material confiscated. Several
journalists were beaten by the police while attempting to document the excessive use of force
during a demonstration. For the most part, the police, security forces and armed groups were
reported to be the perpetrators.
98. The Special Representative received one response from the Government of
Guatemala. She welcomes the steps that have been taken to bring this case to the attention of the
Inter-American Commission of Human Rights, but regrets the absence of replies to her many
other communications.
Mexico
99. The Special Representative sent 11 communications on 13 defenders to the Government
of Mexico.
100. For the most part, defenders in Mexico faced death threats and intimidation in connection
with their demand for accountability for past abuses and the public denunciation of violations by
the police. One key witness in a case against the police was killed, shot 15 times. In another
instance, several indigenous defenders received death threats from the police after registering a
complaint about a death in custody. The police have been reported to be the perpetrators in
many of the cases transmitted, but in a significant number of others the perpetrators have yet to
be identified.
101. The Special Representative thanks the Government of Mexico for its 10 replies, which
attest to its willingness to cooperate constructively with her mandate. She welcomes the
measures taken by the Government to investigate most cases, as well as the protective measures
taken in some instance. She also welcomes the release of one defender who was arrested. She
remains concerned, however, that none of the perpetrators has yet been brought to justice, and
calls on the Government of Mexico to investigate complaints against members of law
enforcement forces and to take all necessary measures to ensure the accountability of those
implicated in violations of the rights of defenders.
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3. Europe and Asia
China
102. In 2004, 10 communications were sent to China concerning 18 human rights defenders,
mostly working on civil and political rights.
103. Arbitrary arrests and detention, including incommunicado detention, constitute the
majority of reported violations against defenders. Many defenders were arrested by police to
prevent demonstrations or meetings to commemorate the fifteenth anniversary of the June 1989
pro-democracy protests in Tiananmen Square. The information received indicates that a few
defenders were sentenced to lengthy imprisonment, including for life, for pro-democracy
activities and defending freedom of religion. Defenders also faced risks of torture and
ill-treatment in connection with their detention. The police and the security forces are reported
to be the primary perpetrator of the violations.
104. The Special Representative received three responses from the Government of China.
Unfortunately, translations were not available in time to be included in this report.
Islamic Republic of Iran
105. The Special Representative sent nine communications to Iran concerning five defenders.
106. Reported violations against defenders relate to arrest, imprisonment and ill-treatment in
detention. Some of the violations occurred in connection with demands for civil and political
rights and accountability of the Government. One defender was allegedly tortured or otherwise
ill-treated in prison following his interview with the BBC on reported political corruption in Iran.
107. The Special Representative received responses from the Government of the Islamic
Republic of Iran to all of her communications. She thanks the Government for its replies and
willingness to cooperate with her mandate. She notes, however, that the alleged violations were
in part denied or not commented upon in the replies.
Nepal
108. Ten communications were sent by the Special Representative in 2004. A number of the
cases involved journalists, peace activists and local leaders in the context of the ongoing conflict
with the Communist Party of Nepal (CPN) (Maoist).
109. Defenders in Nepal faced a deterioration of their situation, with at least three killed.
Many defenders were victims of arbitrary arrests and detentions. Some defenders working on
gay rights were allegedly detained, beaten and raped by the police. The information received
indicates that defenders have suffered from violations at the hands of both the Government and
CPN after having been labelled as terrorists, spies, or accused of supporting the other side.
110. The Special Representative regrets that at the time this report was finalized, the
Government had not transmitted any reply to her communications.
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Russian Federation
111. The Special Representative sent 14 communications to the Government of the
Russian Federation concerning 15 individual human rights defenders and 3 NGOs. Most of
the reported violations occurred in the context of the ongoing conflict in Checbnya and were
perpetrated against defenders working to expose the human rights situation in the region.
112. Defenders faced serious challenges this year. At least two defenders working on
minority rights and the violation of human rights in Chechnya were killed. Unknown individuals
also allegedly abducted defenders working on such issues, a number of whom were arrested by
the police and accused of terrorist and extremist activities. Also of concern to the Special
Representative are the defamatory statements or literature issued by senior State officials and
security forces linking human rights organizations with criminal and terrorist activities. As a
result, defenders became more vulnerable and stigmatized as “enemies”. Other reported
violations include raids on NGO offices and detentions. Most attacks against defenders followed
the publication of reports on minority rights and expressions of concern regarding human rights
violations in Chechnya.
113. The Special Representative received 10 responses to her 14 communications. She thanks
the Government for its numerous responses, which attest to its willingness to cooperate with her
mandate. The Special Representative welcomes reports that investigations into the murders and
abduction of defenders have been opened and that in one case criminal proceedings were
initiated against the suspected perpetrator. She remains concerned, however, about the numerous
cases still pending where no suspects have been identified. She also notes that in a number of
cases the Government denied that the reported incidents had occurred, or that it was linked to the
defence of human rights, and challenged the qualification of certain victims as human rights
defenders.
Turkey
114. The Special Representative sent eight communications to Turkey in 2004 and conducted
an official visit to the country in October. A separate report has been submitted to the
Commission as an addendum to this report (E/CN.4/2005/101/Add.3).
Uzbekistan
115. Eight communications were sent to Uzbekistan, relating to six individual human rights
defenders and two NGOs.
116. Defenders in Uzbekistan confronted arbitrary arrest and interrogation in relation to their
human rights work and saw their freedom of movement curtailed. NGOs were denied
registration and shut down. Many of the violations occurred in connection with defenders' work
on torture and demands for civil and political rights.
117. The Special Representative thanks the Government of Uzbekistan for responding to
almost all of her communications, which attests to its willingness to cooperate with her mandate.
She notes that in the cases of NGO registration, the Government stated that organizations
concerned were illegal and had no right to carry out their activities. In line with her 2004 report
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to the General Assembly, she encourages the Government to review its legislation regulating
freedom of association, in order to provide for an environment conducive to the work of
defenders in conformity with the Declaration.
5. Arab region and Israel
Syrian Arab Republic
118. Eight communications were sent to the Government of the Syrian Arab Republic
regarding six defenders and one NGO in relation to activities on democratic, civil and political
rights.
119. The information received in 2004 indicates that defenders have faced frequent arbitrary
arrests and detention in connection with demonstrations and demands for democratic reforms.
Defenders were prevented from travelling abroad to participate in conferences and meetings on
human rights; others were accused of anti-State activities and a human rights organization was
denied registration. Reports point to the security forces as the primary perpetrators of these acts.
120. The Government responded to two of the eight communications sent by the Special
Representative. She notes that the alleged violations were partly denied or not commented upon
in the replies, and that the Government referred to its national law as justification for reported
incidents.
Tunisia
121. The Special Representative sent 11 communications to the Government of Tunisia,
relating to 17 individual human rights defenders and 1 NGO.
122. Reported violations against defenders included attacks and surveillance by the police,
denial of legal registration of NGOs, and lack of access to information and funding. In most
cases members of the police were designated as the perpetrators.
123. The Government of Tunisia responded to 1 of the 11 communications sent by the Special
Representative. She thanks the Government for its response, but regrets the absence of replies to
her other communications. She reaffirms her concerns about the alleged violations referred to in
her communications to the Government of Tunisia.
IV. HUMAN RIGHTS DEFENDERS AND PEACE AND SECURITY
124. As indicated in the above analysis, many of the violations perpetrated against human
rights defenders occur in the context of armed conflict, in particular internal conflict. In this
respect, the Special Representative expresses her conviction that, in addition to strengthening the
implementation of human rights standards globally, human rights defenders contribute to the
core goals of the United Nations by playing an important role in United Nations efforts to
maintain peace and security worldwide and in restoring them where a breach has occurred. This
conviction is corroborated by an analysis of the role played by human rights defenders in four
situations that have been on the agenda of the Security Council in the past two years: the
Democratic Republic of the Congo, Sudan, the Middle East, including the Palestinian question,
and Haiti.
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125. The situation of human rights defenders in the Democratic Republic of the Congo
documents in a dramatic manner the correlation between a long-lasting breach of international
peace and the vulnerability of individuals and organizations engaged in the defence of human
rights. As evidenced in addendum 3 to the Special Representative's 2004 report to the
Commission (E/CN.4/2004/94), numerous Congolese NGOs are active in organizing and
expressing the civilian population's request for peace in the war-torn country, as well as on
behalf of victims of arbitrary arrests, rape and torture. This activity, however, exposes them to a
pattern of harassment, particularly arrest and detention, at the hands of the police and armed
forces.
126. The Special Representative also received numerous reports concerning the arrest and
detention of human rights defenders engaged in bringing to an end the armed conflict and the
attacks against the civilian population in Darfur, the Sudan. These include the reported arrest
of the chairman of the Sudanese Peace Forum; the arrest of two mayors of villages in
Northern Darfur after they met officials of the International Committee of the Red Cross to
report on human rights violations committed by Government-backed militias; and the reported
arrest and incommunicado detention of five lawyers who participated in protests denouncing
lack of shelter and food in Darfur. Reports also included arrests, incommunicado detentions and
severe ill-treatment of members of the Sudan Organization against Torture.
127. As to the Palestinian question, in resolution 1544 (2004) of 19 May 2004, the
Security Council “condemn [ edl the killing of Palestinian civilians that took place in the Rafah
area” and was “gravely concerned by the recent demolition of homes committed by Israel, the
occupying Power, in the Rafah refugee camp”. In a communication to the Government of
Israel on 21 May 2004, the Special Representative sought clarification regarding the attack
against civilians demonstrating against the demolition of houses. In 2003, the Special
Representative had already drawn the attention of the Government of Israel to the reported
killing of a civilian opposing the bulldozing of Palestinian homes and of two civilians seeking to
protect the population of Palestinian settlements during military operations. The spectrum of
attacks against human rights defenders reported to the Special Representative in the course of the
past two years in relation to the Palestinian question is, however, significantly broader. It
includes, in particular, instances of detention of representatives of Palestinian NGOs. The
Special Representative believes that the quest for a durable peaceful solution to the Palestinian
question cannot be successful in the absence of respect for human rights and for the right of
individuals and associations to act in defence of human rights.
128. With regard to Haiti, the Special Representative observes that cases brought to her
attention in the course of the last two years provide evidence that lawyers and journalists are
being targeted for demanding an end to impunity for past crimes.
129. On the basis of the role played by human rights defenders in the above situations and of
numerous other reports, the Special Representative has identified several ways in which human
rights defenders play a vital part in United Nations efforts to maintain and restore peace.
130. By advocating peacefully for the respect of fundamental rights, human rights defenders
search for a peaceful solution to political, ethnic and social tensions. Many of the countries
currently afflicted by civil strife have a history of missed opportunities to find a peaceful solution
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to long-lasting tensions. As evidenced by her reports to the Commission, those missed chances
regularly include an oppressive reaction by the Government to the grievances voiced by human
rights defenders. The Special Representative therefore believes that by strengthening and
protecting human rights defenders, the United Nations can considerably enhance the chances of
finding a solution to conflicts, based on dialogue, participation and justice, before they break out
into armed violence.
131. Because human rights violations tend to intensify when political, ethnic or social
struggles start sliding towards the outbreak of armed conflict, the information gathered and
reported by human rights defenders on human rights violations in their communities can be used
as a useful early warning system to alert the international community to a developing threat to
peace. Human rights defenders should be protected in the interest of preserving a functional
early warning system in every country. Because human rights defenders advocate for a peaceful
solution to political, ethnic and social tensions that have the potential to break out into armed
conflict, an increase in attacks against human rights defenders in a country can in itself also serve
as an early warning.
132. Information received by the Special Representative in the past four years indicates that
once an armed conflict breaks out human rights defenders become particularly vulnerable and
are disproportionately affected. Human rights defenders continue to speak out peacefully against
the oppression of political, religious and ethnic minorities, to denounce war crimes or abuses
committed in law enforcement, to document them as journalists or to assist victims as lawyers
and doctors. But, in a polarized environment, opposing warring parties often fail to distinguish
between continued peaceful human rights advocacy and support to violent acts by the enemy.
Governments challenged by armed independence movements and rebellion, or by terrorist acts
tend to label legitimate defenders' activities as anti-State, threatening security and supporting
terrorist organizations. Similarly, insurgents tend to perceive human rights defenders who
denounce all violations equally as supporters of the Government's cause. As a result, defenders
are harassed, intimidated, arrested and detained, tortured and assassinated. By silencing peace
activists and other human rights defenders, however, the parties to a conflict suppress a voice
which, because of its positive message and the peaceful means employed to convey it, could play
a central role in restoring peace.
133. Finally, in the aftermath of widespread human rights violations that often accompany
armed conflict and other civil strife, human rights defenders act on behalf of victims demanding
justice for past abuses. As a result, human rights defenders are targeted by groups who, because
of their involvement in past violations, are opposed to demands for accountability. Newly
established Governments, weak during a fragile transition, are frequently unable or unwilling to
adequately protect human rights defenders. The Special Representative notes, however, that in
situations of political transition, bringing to justice the perpetrators of human rights violations
committed by the former regime or uncovering truth about past abuses can be a prerequisite for
durable peace and stability. Human rights defenders have an important role to play in this
respect, as monitors of past abuses and advocates of victims. Strengthening and protecting
human rights defenders is therefore an important contribution to transitional justice efforts, and
thereby to sustainable peace and security.
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134. In the preamble to the Declaration on Human Rights Defenders, the General Assembly
recognized the relationship between international peace and security and the enjoyment
of human rights. By exercising their right to promote and to strive for the protection and
realization of human rights, defenders play an important role in the promotion of peace and
security.
V. RECOMMENDATIONS
135. The Special Representative urges States to give full and practical recognition to the
positive role played by human rights defenders in fmding a peaceful solution to political
and social conificts and, as a consequence:
(a) To respect the peaceful expression of demands concerning land and
indigenous rights, labour rights, minority rights and democratic rights as legitimate
exercise of the right enshrined in the Declaration on Human Rights Defenders to promote
and strive for the protection and realization of human rights;
(b) To show restraint in the policing of public gatherings in order to ensure
peaceful venues for dissent and expression of demands for fundamental rights;
(c) To refrain from stigmatizing and discrediting the work of human rights
defenders in public statements, and to publicly rectify statements that prove to be
inaccurate.
136. In situations of armed conifict, and particularly civil strife, the Special
Representative:
(a) Urges Governments and other warring parties to refrain from targeting
human rights defenders and to distinguish between peaceful public expression of dissent
and armed rebellion;
(b) Calls on all United Nations organs and agencies to pay particular attention to
the protection of human rights defenders in their work.
137. The Special Representative also calls on States:
(a) To review their legislation in order to ensure its conformity with the
Declaration on Human Rights Defenders, as suggested in the conclusions of her report to
the General Assembly at its fifty-ninth session;
(b) To implement their laws in a maimer that guarantees a positive environment
for the defence of internationally recognized human rights;
(c) To conduct training of the judiciary, the law enforcement agencies and other
branches of Government in this respect;
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(d) To take steps to ensure prompt and effective accountability of those who
have committed human rights violations, especially against human rights defenders,
through appropriate disciplinary, civil and criminal proceedings, thereby ending impunity
for attacks against human rights defenders, where it is prevalent.
138. The Special Rapporteur reiterates her call on States to create regular forums for
consultation between State authorities and human rights defenders in order to strengthen
dialogue.
139. The Special Rapporteur assures States of her willingness to provide them with any
support they may need in the implementation of the above recommendations, within the
limitations of her mandate and resources.
