In February 2008, the Committee of Ministers of the Council of Europe adopted a
declaration calling on member states to take effective measures to protect, promote,
and respect human rights defenders and to ensure respect for their activities. It also
called on Council of Europe structures to mainstream protection of human rights
defenders into their work.12 Member states were asked to co-operate with the
Council’s human rights mechanisms such as the European Court of Human Rights
and the commissioner for human rights, and to take measures to assist and protect
defenders in danger in non-EU countries, including through the observation of trials
and the issuing of emergency visas.
The declaration also invited the commissioner for human rights to strengthen his own
role and his office’s capacity to provide strong and effective protection for human
rights defenders. The commissioner is requested to report publicly on the situation of
human rights defenders and to intervene, as he deems appropriate, in serious
situations where there is a need for urgent action. The commissioner is encouraged to
work in close co-operation with intergovernmental organizations and institutions, in
particular ODIHR’s focal point for human rights defenders, the European Union, and
the UN special rapporteur on human rights defenders. In this context, in June 2008,
the office of the commissioner set up a task force on human rights defenders that
consists of the relevant intergovernmental bodies, international NGOs, and human
rights defenders working on a variety of human rights issues in various parts of
Europe.
The Parliamentary Assembly of the Council of Europe (PACE) appointed a
rapporteur on the situation of human rights defenders in the Council of Europe’s
member states. The new rapporteur, Mr. Holger Haibach of PACE’s Committee on
Legal Affairs and Human Rights,13 which held hearings on this issue in April 2008,14
is expected to report to the Committee on Legal Affairs and Human Rights and
subsequently to the PACE plenary in 2009. In April 2007, PACE established an
annual award for outstanding civil society action in defence of human rights as a
means of recognizing the significant contribution of civil society, including human
rights defenders, to the promotion and protection of human rights.15
In January 2008, following the adoption by the Council of Europe’s Committee of
Ministers of a recommendation on the legal status of non-governmental organizations
situation of human rights defenders, Hina Jilani : Addendum : Mission to Serbia, including Kosovo”,
Human Rights Council, U.N. Doc. A/HRC/7/28/Add.3, 29 February 2008. “Report of the Special
Representative of the Secretary-General on the situation of human rights defenders, Hina Jilani :
Addendum : Mission to the Former Yugoslav Republic of Macedonia”, Human Rights Council, U.N.
Doc. A/HRC/7/28/Add.4, 3 March 2008.
12
“Declaration of the Committee of Ministers on Council of Europe action to improve the protection of
human rights defenders and promote their activities”, Council of Europe, Committee of Ministers,
Document CM (2008)5 add., 6 February 2008.
13
“The Situation of Human Rights Defenders in Council of Europe Member States”, Council of
Europe, Committee on Legal Affairs and Human Rights, draft report, 6 October 2006,
<http://assembly.coe.int/main.asp?Link=/committee/docref/jur_e.htm>.
14
“Hearing on the protection of human rights defenders”, Council of Europe, Committee on Legal
Affairs and Human Rights, 14 April 2008,
<https://wcd.coe.int/ViewDoc.jsp?id=1274071&Site=COE&BackColorInternet=DBDCF2&BackColor
Intranet=FDC864&BackColorLogged=FDC864>.
15
“State of human rights and democracy in Europe”, Council of Europe Parliamentary Assembly,
PACE Res. 1547 (2007), 18 April 2007,
<http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta07/ERES1547.htm>.
8