IV. FRAMEWORK FOR IMPLEMENTATION OF THE GUIDELINES
National implementation
269. In accordance with Article 2 of the UN Declaration on Human Rights Defend-
ers, states shall adopt such legislative, administrative and other steps as may be
necessary to ensure that the rights and freedoms referred to in the Declaration
are effectively guaranteed. The UN Human Rights Council has invited states “to
seek assistance […] in the process of reviewing, amending or developing legislation that affects or would affect, directly or indirectly, the work of human rights
defenders”.411 In addition to legislation, states should also review their policies and
practices to ensure that these do not put human rights defenders at risk or obstruct
their work, but instead empower them in carrying out their activities. They should
carry out such reviews in consultation with civil society and seek the technical
assistance of international agencies, including ODIHR, if required.412
270. A baseline review by participating States of laws and practices affecting human
rights defenders would be a significant first step towards ensuring the implementation of the present Guidelines as well as other relevant standards and commitments. Subsequent monitoring, on an ongoing basis, would serve to track progress
and identify remaining challenges. Furthermore, states should take appropriate
measures to ensure that effective follow-up measures are carried out based on the
results of reviews and monitoring activities, including through introducing legislative and other changes, drawing up multi-year national action plans and devising
joint activities with human rights defenders, NHRIs and other relevant stakeholders to promote the status and work of human rights defenders and create and consolidate a safe and enabling environment.
271. While noting that members and staff of independent NHRIs that operate in compli-
ance with the Paris Principles can be considered human rights defenders, the UN
Special Rapporteur on the situation of human rights defenders has emphasized the
important role that NHRIs can play in the protection of human rights defenders,
including through the following: receiving and considering complaints by human
rights defenders; advocacy activities in favour of a conducive work environment
for human rights defenders; interacting with international and regional human
rights mechanisms and providing information about the situation of human rights
defenders in their country to these mechanisms; through public support in cases
of human rights violations against human rights defenders; monitoring the situation of human rights defenders in prisons or detention centres; and providing legal
assistance or engaging in conflict mediation in cases of disputes between human
411
A/HRC/RES/22/6, para. 22.
412 In particular, the Human Rights Council has stressed “the valuable contribution of national human rights
institutions, civil society and other stakeholders in providing input to States on the implications of draft legislation when such legislation is being developed or reviewed to ensure that it is in compliance with international
human rights law.” See A/HRC/RES/22/6, para. 17.
126
Guidelines on the Protection of Human Rights Defenders
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