International Service for Human Rights

On March 11 2010, the Special Rapporteur, Ms Margaret Sekaggya, presented her report on the Protection and security of human rights defenders to the Human Rights Council. On this occasion a panel discussion was organised by a number of NGOs with the participation of Ms Sekaggya. The main objective of the meeting was to draw attention to some of the major security challenges faced by human rights defenders in their work in various regions of the world and how the Special Rapporteur can support their protection efforts.

Looking at situations in which human rights defenders were particularly at risk, special attention was drawn by the panelists to:

• human rights defenders in exile through the example of Sri Lanka
• the vulnerability of indigenous and women human rights defenders through the recurrent problems they face in Colombia, such as threats and forced displacement
• the impact of mis-guided national legislation on the activities of human rights defenders, through the examples of Congo and Syria

The discussion on the role of national legislation echoed the debate surrounding the drafting of this year’s UN Human Rights Council resolution on the protection of human rights defenders. In relation to this process, panelists and participants discussed the dangers of insisting that 'human rights defenders must act in accordance with national legislation', as currently suggested by several countries. The proposed provision was not welcomed  by the panelists as many of the obstacles to the activities of human rights defenders are enshrined in national legislation. In that respect, the example of Syria was particularly telling, where a state of emergency  has been in place for more than 40 years and any association can legally be dissolved with no justification.

Participants also heard from the DRC panelist how there is no separation of powers and no independence of the judiciary in that country, and how the right to freedom of association and the right to freedom of expression are constantly violated on the basis of  law in the DRC. Through a thorough analysis of the national legislative and institutional frameworks, the panelist from Congo described the existence of a double standard for the implementation of the legislationon association and expression and the legal competence of  military tribunals to judge cases involving  human rights defenders. The panelist argued that the 1998 Declaration on Human Rights Defenders is openly disregarded in his country given that it  is not legally binding.

In conclusion, this parallel invent was a precious opportunity to openly share concerns and experiences on the issue of security and protection of human rights defenders. A number of recommendations were made by the panelists that were supported by the Special Rapporteur. These recommendations highlighted:

• the need for coordination of local and international partners and the role of the UN country teams in the protection of human rights defenders
• the  need for protection measures to also encompass family members of human rights defenders
• the need for specific attention to human rights defenders in exile
• the need for an enabling  environment for the activities of human rights defenders, encompassing the separation of powers, the independence of the judiciary, and mechanisms to ensure the right to freedom of association and the right to freedom of expression
• the need for  dissemination and implementation of the Declaration on Human Rights Defenders and the European Union Guidelines on Human Rights Defenders;
• the need for specific protection of women human rights defenders
• the need to create consultation mechanisms with human rights defenders

Co-organizers of the meeting

• Cairo Institute for Human Rights Studies
• CIVICUS
• Forum-Asia
• Front Line
• Human Rights First
• International Service for Human Rights (ISHR)
• International Women Human Rights Defenders
• The Observatory for the Protection of Human Rights Defenders (OBS)

Panel

• Ms Margaret Sekaggya, Special Rapporteur on human rights defenders
• Mr Juvenal Arieta, National Indigenous Organisation of Columbia
• Mr Laurent Okitempo, Campagne pour les Droits de l’Homme au Congo
• Mr Nedal Darwiche, Committee for the Defense of Democracy Freedoms and Human Rights (Syria)
• Mr Ruki Fernando, Law and Society Trust (Sri Lanka)

Facilitation

• Mr Bjorn Pettersson, International Service for Human Rights (ISHR)

HRC 13^th, 11 March 2010, 1-3pm, Room XXII, Palais des Nations