Protection Mechanisms for HRDs

Do they work?

Ruki Fernando
INFORM Human Rights Documentation Centre
26th April 2015
Kuala Lumpur

BASIC
CONCEPTS
Who are Human Rights Defenders (HRDs)?
People who, individually or with others, act to promote
or protect human rights.
Identified on what they do and how they do it
Recognition of universality
NGO workers / Teachers / Journalists / Lawyers
Paid
Non paid / volunteers
People who do actions on the spot to protect human
rights

BASIC
CONCEPTS

Could be working at local, national, regional,

international level or combination
Could be focusing on particular type of rights or
working more broadly

STANDARDS RELATED TO HRDs

Where are HRDs rights written down?
1. Domestic Laws (Constitution, bill of rights etc.)
2. Various UN Covenants, Declarations etc.
3. The UN Declaration on HRDs

Protection
Mechanisms for
HRDs

Think of a threat / intimidation you or a HRD (or

group) faced
What steps did you / he / she / they take?
Before / after
Who did you contact? What did u ask?
What did they do, refuse to do?

1. DOMESTICA MECHANISMS
What are domestic mechanisms?

Police
Courts
National Human Rights Institutions
Other statutory bodies

UN MECHANISMS
UN Mechanisms
In country UN offices OHCHR, other UN offices
Treaty bodies individual complaints specially Human Rights
Committee
Human Rights Council
Special Procedures
Special Rapportuer on Human Rights Defenders
Others
Freedom of Assembly & Association
Freedom of Expression & Opinion
WG on Disappearances

3. Regional inter-governmental
mechanisms
Africa
Special Rapporteur on HRDs of the African Commission on Human and
Peoples Rights
Americas
The special HRDs Unit within the Inter-American Commission on Human
Rights
European Court of Human Rights (though no exclusive focus on HRDs)
Asia AICHR (ASEAN no exclusive focus on HRDs)

4. NGOs / CIVIL SOCIETY

Local / national NGOs and networks
- Examples and their role?

Regional & International

Examples & their role?

Some Regional & Intl NGOs

Examples
-Frontline
-Protection Intl.
-ISHR
-Observatory (OMCT-FIDH)
-Amnesty
-PBI
-Nonviolent Peace force
-Freedom House
-FORUM-ASIA
-Universities like CAHR at York

NGOs are there specialized NGOs

focusing on some HRDs?
- Journalists (MLDI, CPJ, IFJ, RSF, IMS)
- Women HRDs
- LGBTQ HRDs
- Scholars
- Doctors
- Lawyers
- Judges
- Clergy

Can also ask professional bodies

Roles played by national /

regional / international NGOs
Roles
-Urgent Appeals
-Public statements
-Documentation special & annual reports
-Longer term advocacy
-Funding support in emergencies
-Relocation
-Training
-Publications
-Connecting to resources other NGOs, UN, diplomats, media,
universities

Roles vary from NGO to NGO - important to identify in

advance what each NGO can do and cant do

5. Foreign Countries
What countries have special focus on HRDs in other
countries?
European Union Guidelines
Norwegian Guidelines
Switzerland Swiss guidelines
USA Guidelines for NGOs
Sometimes others also e.g. Canada, Ireland

Roles foreign countries can play in

country
-

Monitor situation of HRDs

Visit HRDs in their areas of work / houses / offices
Invite HRDs to embassies
Attend events by HRDs / organize events for HRDs
Organize felicitations for HRDs
Visit prison if HRDs are detained
Visit court cases where HRDs are tried and where
perpetrators of violations against HRDs are tried
- Provide safe houses
- Provide safe accompaniment (body guards)
- Provide funding for HRDs protection case by case
or projects

Roles foreign countries can play in

country
-Raise individual cases with government
-Issue public statements
-Demarches

Roles foreign countries can play

internationally
- Special visas (maybe issued locally but often
require approval from capital of issuing country)
- Statements from capital including by President
- Raising individual cases general trends during
visits by our government leaders
- Statements in multi lateral forums e.g. UN HRC
- Support to international mechanisms e.g. UN SR
on HRDs
- Funding for HRDs at international level

Protection Mechanisms for HRDs do they work?

They have & will work sometimes (not all the time)
They have & will work to some extent (not fully)
They have & will work for some HRDs
(some may even worsen threats for some!)

But they only work if we make them work

Not automatic!