STATEMENT
FROM THE HUMAN RIGHTS HOUSE NETWORK
Adopted
14 October 2004 in Oslo, by the Human Rights House Network and
the Conference Participants of the Human Rights House Network
Anniversary Conference, titled “Activists under Attack.
Defending the Right to be a Human Rights Defender”, held
13-14 October 2004.
Human rights defenders
need stronger
international support and protection
The deteriorating security and
working conditions of human rights defenders are a threat to
democracy. The Human Rights House Network and the conference
participants urge governments worldwide to develop and follow
comprehensive policies to enhance their support to and
protection of human rights defenders, nationally and
internationally.
Respect for universal human rights depends on a vibrant civil
society. Worldwide, human rights defenders protect individuals
from human rights violations and thus promote democracy and
the rule of law. Through peaceful means, such as education,
advocacy, free legal aid, dialogue, and monitoring, they
strive to ensure that human rights are known, implemented and
respected. In doing so, many human rights defenders face a
number of obstacles and acute personal risks.
In
1998, the United Nations General Assembly adopted the
“Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect
Universally Recognised Human Rights and Fundamental
Freedoms”. It emphasizes the duty of states to protect human
rights defenders. The appointment of the UN Special
Representative to the Secretary-General on Human Rights
Defenders, Ms Hina Jilani, in August 2000, and the extension
of her mandate until 2006, enhance the declaration’s
implementation.
According
to the Special Representative, many human rights defenders, in
every region of the world, have been subject to violations of
their human rights (See
fourth annual report to the Commission on Human Rights,
presented January 15th 2004).
They have been the target of executions, torture, beatings,
arbitrary arrest and detention, death threats, harassment and
defamation, and have suffered restrictions on their freedoms
of movement, expression, association and assembly. Defenders
have been the victims of false accusations and unfair trial
and conviction.
The Special Representative observes that violations most
commonly target either human rights defenders themselves or
the organizations and mechanisms through which they work. As a
means of applying pressure to the defender, perpetrators
occasionally target members of defenders’ families.
In
most cases, acts committed against human rights defenders are
in violation of both international and national law. In some
countries, however, domestic legislation which itself
contravenes international human rights law is used against
defenders.
The
enforcement of security legislation and special measures for
countering terrorism have in many places served to deteriorate
the security and working conditions of human rights defenders.
Playing an important role in monitoring the use of such
legislation, human rights defenders have been targeted as a
result. Under the pretext of national security, activities
protected by the Declaration have been criminalized.
In
short, those who defend the rights of others frequently become
victims of human rights violations themselves. Defending them
is defending human rights. Further, when defenders are
silenced, there is a risk that human rights violations will be
left unexposed and unopposed.
To
prevent the perpetration of violations against defenders and
the consequent worsening of human rights situations, the Human
Rights House Foundation (HRH) and the participants at the
conference address national governments, regional bodies (such
as the European Union (EU), the Council of Europe, the
Organisation of American States (OAS), the African Union (AU),
etc.), and international organisations including the United
Nations, with a number of urgent recommendations.
The
recommendations are:
1.
Ensure that the UN Declaration on the Protection of Human
Rights Defenders (1998) is known and implemented by
governments at all levels, including the local, across the
world
2.
Support the Special Representative on Human Rights Defenders
and other Special Procedures of the UN Commission on Human
Rights, through:
3.
Develop clear guidelines and reporting procedures, at home and
abroad through Embassies and Delegations, on how to support
human rights defenders, including both proactive and reactive
measures. For example:
-
during state visits and
in the context of bilateral relations, establish and
maintain suitable contacts with human rights defenders
(receiving them, visiting them, etc.)
-
appoint permanent contact
persons to support human rights defenders
-
share information and
provide recognition
-
attend and observe trials
of human rights defenders
-
promote the development
and strengthening of mechanisms for the protection of
human rights defenders
-
issue statements and
demarches and ask relevant questions to the apporpriate
authorities regarding the safety of the human rights
defenders concerned, and
-
in the context of
development activities, include practical support and an
appreciation of the role and situation for human rights
defenders
4.
In urgent situations, offer immediate protection to human rights
defenders, such as:
-
granting of temporary (emergency) visas to human
rights defenders at grave risk or facilitation of asylum
procedures and temporary admission programmes
-
provide
sanctuaries, for example within Embassies
5.
Ensure that national, regional and international programmes to combat
terrorism do not impinge on or threaten the security or
working conditions of human rights defenders
6.
Ensure a clear distinction between military and humanitarian personnel in
areas of war and conflict, in order to avoid putting
humanitarian workers and human rights defenders at risk
7.
Support, in the fight against impunity, the establishment of independent
judicial systems and call for, and actively support,
independent investigations of human rights violations
8.
Facilitate the strengthening of human rights defenders’ working
conditions, safety, cooperation, networking, and capacity
building through policy measures and funding, including of
infrastructure, and ensure the contextual space in which
defenders operate
9.
Support human rights education to stimulate a culture of human rights and
strengthen public awareness
In accordance with the “Declaration on the
Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognised Human
Rights and Fundamental Freedoms”, we pledge to follow up the
statement of this conference, including through monitoring and
reporting on governments and regional and international
organisations.
Further, we urge human rights defenders and relevant
NGOs to strengthen their networking on all levels, to improve
the coordination of human rights activities including the
active support to human rights defenders in danger, to provide
reliable documentation, and to nurture credibility, accuracy,
transparency, and accountability.
No:
14-10/2004
Oslo,
14
October
2004
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