the effective exercise of human rights and fundamental freedoms”,23 OSCE
commitments contain an obligation for states to “respect the right of their citizens to
contribute actively, individually or in association with others, to the promotion and
protection of human rights and fundamental freedoms”.24 This closely mirrors the
terminology of the UN Declaration on Human Rights Defenders.
This commitment “to ensure effectively the rights of the individual to know and act
upon human rights and fundamental freedoms, and to contribute actively, individually
or in association with others, to their promotion and protection”25 was reaffirmed
later, with participating States committing to “respect the right of everyone,
individually or in association with others, to seek, receive and impart freely views and
information on human rights and fundamental freedoms, including the rights to
disseminate and publish such views and information”.26 In addition, participating
States committed to “respect the rights of everyone, individually or in association
with others, to study and discuss the observance of human rights and fundamental
freedoms and to develop and discuss ideas for improved protection of human rights
and better means for ensuring compliance with international human rights
standards”27 and to “ensure that individuals are permitted to exercise the right to
association, including the right to form, join and participate effectively in nongovernmental organizations which seek the promotion and protection of human rights
and fundamental freedoms, including trade unions and human rights monitoring
groups”.28 They also committed to “allow members of such groups and organizations
to have unhindered access to and communication with similar bodies within and
outside their countries and with international organizations, to engage in exchanges,
contacts and co-operation with such groups and organizations and to solicit, receive
and utilize for the purpose of promoting and protecting human rights and fundamental
freedoms voluntary financial contributions from national and international sources as
provided for by law”.29
This non-exhaustive list shows that OSCE commitments on human rights defenders
are firm and were indeed made well ahead of the adoption of the UN Declaration on
Human Rights Defenders. It should be noted that, as with many terms used in the
commitments, there is no specific definition of the term human rights defender. As
mentioned above, commitments on defenders, however, closely mirror the
subsequently adopted UN Declaration on Human Rights Defenders. It therefore seems
advisable to recall the reference used in the subsequently unanimously adopted UN
declaration for an understanding of human rights defenders as those “individually and
in association with others, exercising the right to promote and to strive for the
protection and realization of human rights and fundamental freedoms at the national
and international levels”.30 It is this understanding that has guided ODIHR in the
drafting of this report.
23
“Concluding Document of the Vienna Meeting 1986 of Representatives of the Participating States of
the Conference on Security and Co-operation in Europe, Held on the Basis of the Provisions of the
Final Act Relating to the Follow-up to the Conference”, CSCE, Vienna, 1989, para. 12.
24
Ibid., para. 13.5.
25
“Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE”,
CSCE, Copenhagen, 1990, para. 10.
26
Ibid., para. 10.1.
27
Ibid., para. 10.2.
28
Ibid., para. 10.3.
29
Ibid., para. 10.4.
30
UN Declaration on Human Rights Defenders, note 10.
10