Recognizing the role of human rights defenders and the need for their protection

General Assembly of the United Nations | Nov 18, 2015

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights, 1  the International Covenants on Human Rights2 and other relevant instruments,

Recalling its resolution 53/144 of 9 December 1998, by which it adopted by consensus 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,

Recalling also all other previous resolutions on this subject, including its resolutions 66/164 of 19  December 2011 and  68/181 of 18  December 2013 and Human Rights Council resolutions 22/6 of 21 March 2013 and 25/18 of 28 March 2014,

Reaffirming the importance of the Declaration and its implementation, and that promoting  respect  and  support  for  the  activities  of  human  rights  defenders  is essential to the overall enjoyment of human rights,

Welcoming the steps taken by some States to pro mote and give full effect to the Declaration, as well as by the United Nations High Commissioner for Human Rights and some regional organizations in  making the  Declaration available and known  to  all  stakeholders  at  the  national  and  local  levels  in  their  re spective languages,  and  underlining  the  need  to  promote  and  give  full  effect  to  the Declaration, including  through  its  translation  into  the  various  languages  and  its further dissemination with a view to its implementation in all regions,

Emphasizing the important role that individuals and civil society institutions, including non-governmental organizations, groups and national human rights institutions, play at the local, national, regional and international levels in the promotion and protection of all hu man rights and fundamental freedoms for all,

Recognizing the substantial role that human rights defenders can play in supporting efforts to strengthen conflict prevention, peace and development through dialogue, openness, participation and justice, includ ing by monitoring, reporting on and contributing to the promotion and protection of human rights,

Recognizing also the vital work of human rights defenders in promoting, protecting and advocating the realization of economic, social and cultural rights, and  concerned  that  threats  and  attacks  against  human  rights  defenders,  and hindrance of their work, have a negative impact on the realization of these rights, including as they relate to environmental and land issues as well as development,

Mindful that do mestic law and administrative provisions and their application should not  hinder, but enable the  work of human rights defenders, including by avoiding any criminalization or stigmatization of the important activities and legitimate role of human rights def enders and the communities of which they are a part or  on  whose behalf they  work, and  by  avoiding impediments, obstructions, restrictions or selective enforcement thereof contrary to relevant provisions of international human rights law,

Reaffirming that States have the primary responsibility and are under the obligation to protect all human rights and fundamental freedoms of all persons,

Reaffirming also that national legislation consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights defenders conduct their activities,

Gravely concerned that national security and counter -terrorism legislation as well as measures in other areas, such as laws regulating civil society organizations, are in some instances misused to target human rights defenders or hinder their work, endangering their safety in a manner contrary to international law,

Recognizing the urgent need to address, and to take concrete steps to prevent and stop, the use of legislation to hinder or limit unduly the ability of human rights defenders to exercise their work, including by reviewing and, where necessary, amending relevant legislation and its implementation in order to ensure compliance with the obligations and commitments of States under international human rights law,

Gravely concerned by the considerable and increasing number of communications  received  by  special  procedures  of  the  Huma n  Rights  Council documenting  the  serious  nature  of  the  risks  faced  by  human  rights  defenders, including women human rights defenders, and the prevalence of impunity for violations and abuses against them in many countries, where they face threats, harassment and attacks and suffer insecurity, including through restrictions on the rights to freedom of opinion, expression, association or peaceful assembly, abuse of criminal  or  civil  proceedings,  or  deplorable  acts  of  intimidation  and  reprisal intended   to   prevent   their   cooperation   with   the   United   Nations   and   other international bodies in the field of human rights,

Gravely concerned also  that human rights defenders are  subject to  attacks, threats and other abuses by non -State actors, and underlining the need fo r the human rights and fundamental freedoms of all persons, including human rights defenders, to be respected and protected,

Welcoming the steps taken by some States, including in follow -up to relevant resolutions, the universal periodic review under the Human Rights Council, special procedures, treaty bodies and regional human rights mechanisms, towards the improvement of dialogue between authorities and civil society and towards the adoption of national policies and legislation that serve to create a saf e and enabling environment and to recognize and protect human rights defenders, in particular from being prosecuted, in contravention of international human rights law, for peaceful activities, and against threats, harassment, intimidation, duress, arbitra ry detention or  arrest,  enforced  disappearance,  violence  and  attacks  by  State  and  non -State actors,

Determined   that   dissenting  views,   including  views   on   government  and corporate policies related to or with an impact on human rights, may be expressed peacefully and communicated freely in society, online and offline, in accordance with  international human rights law, and  thereby emphasizing the  importance  of respecting all human rights of all, and stressing in this regard the importance of independent voices of civic activity, human rights education and independent, impartial and competent national judicial systems,

Stressing in particular that information and communication technologies are important tools for the promotion of human rights and reporting on  human rights violations and abuses, and concerned that such technologies are increasingly being used to monitor and hamper the work of human rights defenders,

Strongly   reaffirming   that   everyone   has   the   right,   individually   and   in association with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels, as laid   out   in   the   Declaration,   including   in   the   context   of   promoting   the implementation of the 2030 Agenda for Sustainable Development,

1.  Stresses that  the  right  of  everyone  to  promote  and  strive  for  the protection and realization of human rights and fundamental freedoms without retaliation or fear thereof is an essential element in building and maintaining sustainable, open and democratic societies;

2.  Calls upon all States to take all measures necessary to ensure the rights and safety of human rights defenders who exercise the rights to freedom of opinion, expression,   peaceful   assembly   and   association,   which   are   essential   for   the promotion and protection of human rights;

3.  Welcomes the work, and takes note with appreciation of the reports, of the  Special Rapporteur of the  Human Rights Council on the  situation of human rights defenders;

4.  Urges States to acknowledge through public statements, policies or laws the important and legitimate role of human rights defenders in the promotion of human rights, democracy and the rule of law as essential components of ensuring their  recognition  and  protection,  including  by  condemning  unequivocally  and publicly all cases of violence and discrimination against human rights defenders, including wo men human rights defenders;

5.  Strongly  condemns  the  violence  against  and  the  targeting, criminalization, intimidation, torture, disappearance, killing and thus silencing of human rights defenders for reporting and seeking information on human rights violations and abuses, and stresses the need to combat impunity by ensuring that those  responsible  for  violations  and  abuses  against  human  rights  defenders, including against their  legal  representatives, associates and  family  members, are promptly brought to justice through impartial investigations;

6.  Condemns all acts of intimidation and reprisal by State and non -State actors against individuals and groups, including against human righ ts defenders and their legal representatives, associates and family members, who seek to cooperate, are cooperating or have cooperated with subregional, regional and international bodies, including the  United Nations, its representatives and  mechanisms, in  the field of human rights;

7.  Urges  non-State  actors  to  respect  the  human  rights  and  fundamental freedoms of all persons and to  refrain from undermining the  capacity of human rights defenders, including  women human rights defenders, to  operate free from hindrance and insecurity;

8.  Strongly urges the release of persons detained or imprisoned, in violation of international human rights law, for exercising their human rights and fundamental freedoms,  such  as  the  rights  to  freedom  of  expression,  peaceful  as sembly  and association, including in relation to cooperation with the United Nations or other international mechanisms in the area of human rights, and demands that States take concrete  and  definitive  steps  to  prevent  and  put  an  end  to  the  practice  of  the arbitrary arrest and detention of human rights defenders;

9. Reaffirms the urgent need to respect, protect, facilitate and promote the work of those promoting and defending economic, social and cultural rights, as a vital factor contributing towards the r ealization of those rights, including as they relate to environmental and land issues as well as development;

10.  Calls upon  all  States  to  create  and  maintain  a  safe  and  enabling environment for the defence of human rights and specifically to ensure that:

(a)    The promotion and protection of human rights are not criminalized or met with limitations in contravention of international human rights law;

(b)   Human rights defenders, their family members, associates and legal representatives are not prevented fr om enjoying universal human rights owing to their work, including by ensuring that all legal provisions, administrative measures and  policies  affecting  them,  including  those  aimed  at  preserving  public  safety, public   order   and   public   morals,   are   minimally   r estrictive,   clearly   defined, determinable,   non-retroactive   and    compatible    with    relevant   provisions   of international human rights law;

(c)   Measures to combat terrorism and preserve national security are in compliance with their obligations and commitments under international law, in particular under international human rights law, and do not hinder the  work and safety of individuals, groups and organs of society engaged in promoting and defending  human  rights,  while  defining  transparent  and  foreseeable  crit eria  to identify clearly which offences qualify as terrorist acts;

(d)    Where legislation and procedures governing the registration and funding of  civil  society  organizations  exist,  they  are  transparent,  non -discriminatory, expeditious, inexpensive, allow  for  the  possibility to  appeal and  avoid requiring re-registration,   and   that   such   national   provisions   are   in   compliance   with international human rights law;

(e)    Procedural  safeguards,  including  in  criminal  cases,  are  in  place  in accordance  with  international  human  rights  law  in  order  to  avoid  the  use  of unreliable evidence, unwarranted investigations and procedural delays, thereby effectively contributing to the expeditious closing of unsubstantiated cases, including against human rights defenders, and indi viduals are afforded the opportunity to lodge complaints directly with the appropriate authority, and respecting, inter alia, the right to be informed promptly and in detail of charges, the right to the presumption of innocence,  the  right  to   a   fair   and  pub lic   hearing,  the  right  to   choose  and communicate with counsel in confidence, the right to present witnesses and evidence and cross-examine prosecution witnesses and the right to appeal;

(f)     Information,  including  on  grave  violations  of  human  rights,  held  by public authorities, is not unnecessarily classified or otherwise withheld from the public, and urging States to adopt transparent, clear and action -oriented laws and policies that provide for the effective disclosure of information held by public authorities and a general right to request and receive such information, for which public   access  should  be   granted,  except   within  narrow  and   clearly  defined limitations;

(g)    Provisions do not prevent public officials from being held accountable, and  penalties  for  defamation  are  limited  in  order  to  ensure  proportionality and reparation commensurate with the harm done;

(h)    Information and communication technologies are not used in a manner that amounts to arbitrary or unlawful interference with the privacy of ind ividuals or to threats against human rights defenders;

11.  Encourages States to develop and put in place comprehensive and sustainable public policies and programmes that support and protect human rights defenders at all stages of their work, including th eir family members, associates and legal representatives;

12.  Reaffirms the  utility  and  benefit  of  consultations  and  dialogue  with human rights defenders related to  public policies and programmes, including for protection purposes, and  encourages States  to  appoint focal points or  to  employ other relevant mechanisms for human rights defenders within the public administration;

13.  Continues to  express particular concern  about systemic and structural discrimination and violence faced by women human rights  defenders of all ages, and reiterates its strong call upon States to take appropriate, robust and practical steps to protect them and to integrate a gender perspective into their efforts to create a  safe and enabling environment for the defence of human ri ghts, as called for by the General Assembly in its resolution 68/181 of 18 December 2013;

14.  Expresses concern about stigmatization and discrimination that target or affect individuals  and  associations defending  the  rights  of  persons  belonging  to minorities or  espousing minority beliefs or  views, or  other groups vulnerable to discrimination, and calls upon States to renounce firmly all discrimination and violence, underlining that such practices can never be justified on any grounds;

15.  Reaffirms  the  right  of  everyone,  individually  and  in  association  with others, to  unhindered access to  and  communication with  international bodies, in particular the United Nations, its representatives and mechanisms in the  field of human  rights,  including  the  Human  Right s  Council,  its  special  procedures,  the universal  periodic  review  mechanism and  the  treaty  bodies,  as  well  as  regional human rights mechanisms;

16.  Calls upon all States to take due note of the recommendations contained in the reports of the Secretary -General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights;

17.  Welcomes the efforts made by some States to investigate allegations of intimidation or  reprisal  and  to  bring  perpetrators  to  justice,  and  enc ourages Governments to support such efforts;

18.  Strongly calls upon all States to:

(a)    Refrain   from,   and   ensure   adequate   protection   from,   any   act   of intimidation or reprisal against human rights defenders who cooperate, have cooperated  or  seek  to  cooperate  with  international  institutions,  including  their family members and associates;

(b)    Fulfil  the  duty  to  end  impunity  for  any  such  acts  of  intimidation  or reprisals  by  bringing  the  perpetrators  to  justice  and  by  providing  an  effective remedy for their victims;

(c)    Avoid   legislation,   measures  and   practices  that   have   the   effect   of undermining the right reaffirmed in paragraph 15 of the present resolution;

19.  Encourages all relevant regional organizations to consider the situation of human rights  defenders and  to  develop and  employ appropriate and  effective guidelines and mechanisms for their protection, addressing violations and abuses by State and non-State actors;

20.  Encourages leaders in all sectors of society and in their respective communities, including political, military, social and religious leaders and leaders in business and the media, to express public support for the important role of human rights defenders, including wo men human rights defenders, and the legitimacy of their work,  and  to  condemn  publicly  any  cases  of  violence  and  discrimination against human rights defenders, including women human rights defenders;

21.  Underscores the responsibility of business enterprises to respect human rights, including the fundamental rights of human rights defenders to life, liberty and security of person, and their exercise of their rights to freedom of expression, peaceful assembly and association, and  participatio n  in public affairs,  which are essential for  the  promotion and protection of human rights, including economic, social and  cultural rights and  the right to  development, and  urges enterprises to identify and address any adverse human rights impacts related t o  their activities through meaningful consultation with potentially affected groups and other relevant stakeholders in a manner consistent with the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remed y” Framework;4

22.  Encourages national human rights institutions to pay due attention to the situation of human rights defenders, including through consultations with relevant stakeholders on issues such as legislation, policies and administrative measur es that affect the defence of human rights, and to develop and support the documentation of violations and abuses against human rights defenders and their legal representatives, associates and family members;

23.  Encourages the  Office  of  the  United  Nation s  High  Commissioner for Human Rights and the special procedures to continue the efforts related to the protection of human rights defenders, as laid out in relevant resolutions, including by offering assistance for the consideration of States in bringing t heir legislation and its application into line with international human rights law;

24.  Encourages United Nations bodies, agencies and other entities, within their respective mandates and in cooperation with the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur, to address the situation  of  human  rights  defenders  in  their  work  in  order  to  contribute  to  the effective 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; 5

25.  Requests all  concerned  United  Nations  agencies  and  organizations, within their mandates, to provide all possible assistance and support to the Special Rapporteur for the effective fulfilment of his mandate, including in the context of country  visits  and  through  suggestions  on  ways  and  means  of  ensuring  the protection of human rights defenders, including women human rights defenders;

26.  Urges States to cooperate with and assist the Special Rapporteur in the performance of his mandate, including by responding without undue delay to the communications transmitted to them by the Special Rapporteur, and reiterates its call upon States with respect to responding favourably to the requests of the Special Rapporteur to visit their countries and to enter into a constructive dialogue with respect to the follow-up and implementation of recommendations, so as to enable the Special Rapporteur to fulfil his mandate even m ore effectively;

27.  Requests the Special Rapporteur to continue to report annually on his activities to the General Assembly and the Human Rights Council, in accordance with his mandate;

28.  Requests  the   Secretary-General   to   compile   and   regularly   share information on the progress of implementation of the present resolution;

29. Decides to remain seized of the matter.

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