formalities, and consider possibilities for the reciprocal abolition of entry visas on
the basis of agreements between them.”329
227. Participating States have underlined the importance of freer movement and con-
tacts in the OSCE region for the protection and promotion of human rights and
fundamental freedoms. In this context, they have committed themselves to
allow members of human rights monitoring groups and NGOs seeking to defend
human rights “to have unhindered access to and communication with similar bodies within and outside their countries and with international organizations”.330 In
this vein, they have reaffirmed their pledge to simplify visa application procedures
by ensuring that applications are processed as expeditiously as possible and by
reducing fees charged in connection with visa applications to the lowest level possible.331 Furthermore, they have committed to facilitating visits to their countries
by NGOs from any of the participating States in order to observe human dimension
conditions.332
228. Despite these and other commitments, human rights defenders in some partici-
pating States continue to face severe obstacles to their freedom of movement from
and within their own countries and to other countries. This significantly limits and
often prevents human rights defenders from carrying out their legitimate activities
as it restricts, for example, their physical access to a particular geographical area,
target group, an assembly or human rights conference or training event located
within or outside their own country. As noted by the UN Special Rapporteur on
the situation of human rights defenders, such travel restrictions are contrary to
the spirit of the UN Declaration on Human Rights Defenders and the recognition
that individuals, groups and associations have the right to promote respect for
and foster knowledge of human rights and fundamental freedoms at the national
and international levels.333 In some participating States, human rights defenders
report being subjected to harassment when they return to their own countries
after attending human rights events abroad. Furthermore, the overly restrictive
application of visa regulations by participating States and related bureaucratic
procedures often impede the participation of human rights defenders in activities
abroad, including in human rights monitoring or fact-finding missions, international consultations, networking and capacity-building events.
229. Right to leave and return to one’s country: Participating States should ensure
that human rights defenders fully enjoy the right to leave any country, including
their own. Undue restrictions on the exercise of this right, such as unreasonable
329 Ibid. para. 22.
330 Copenhagen 1990, para. 10(4).
331 Ibid. paras. 19, 19(1) and 19(2).
332
Moscow 1991, para. 43.2.
333 The UN Special Rapporteur on the situation of human rights defenders, “Commentary to 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”, July 2011, p. 53.
Guidelines on the Protection of Human Rights Defenders
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