Good practices in protecting the rights of human rights defenders:
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Providing physical protection for defenders who are at risk of physical harm;
Using criminal law, including, where appropriate, hate-crime legislation,
against those using violence against defenders;
Speaking out on behalf of defenders in domestic contexts, as well as in
bilateral relations with other countries, and in international relations in
general.
2.3. Creating an enabling environment for human rights defenders
At the heart of OSCE commitments lies the recognition that it is only through an
active and vibrant civil society that rights in the human dimension can be upheld.170
Participating States have recognized the vital role of civil society on a number of
occasions,171 including the need to facilitate its work.172
There are a number of ways to facilitate and enable the work of defenders. First, the
work of defenders requires adequate funding. Governments can play a role in
providing such funding, directly or indirectly, and in facilitating domestic and
international fundraising by defenders. Defenders also require accurate and full
information to do their work effectively. Governments should therefore ensure the
free flow of information to facilitate their work. International co-operation can also
provide valuable opportunities for exchange of practices and lessons learned, material
support, and solidarity. Finally, the defenders community also benefits from public
recognition acknowledging the value of their work to communities and society at
large.
Participating States submitted a number of good practices that support an enabling
environment for human rights defenders.
Granting direct government assistance to human rights defenders
Governments may encourage the human rights community by granting defenders
direct financial assistance, either of a general nature or for the organization of specific
activities. Funding, whether from public or private sources, should be granted in such
a manner as to ensure that defenders do not lose their independence.
medical care for the injured activist. Information provided by Ukraine’ s parliamentary ombudsman
regarding an attack on Dmytro Groisman, 21 October 2008.
170
Copenhagen 1990, op. cit., note 25, preamble: “ [The participating States] recognize that cooperation among themselves, as well as the active involvement of persons, groups, organizations and
institutions, will be essential to ensure continuing progress towards their shared objectives.”
171
“ Istanbul Document 1999” , OSCE, Istanbul, 1999, para. 27: “ Non-governmental organizations
(NGOs) can perform a vital role in the promotion of human rights, democracy and the rule of law.
They are an integral component of a strong civil society. We pledge ourselves to enhance the ability of
NGOs to make their full contribution to the further development of civil society and respect for human
rights and fundamental freedoms.” Also see Paris 1990, op. cit., note 110, para. 17: “ We recall the
major role that non-governmental organizations, religious and other groups and individuals have played
in the achievement of the objectives of the CSCE and will further facilitate their activities for the
implementation of the CSCE commitments by participating States. These organizations, groups and
individuals must be involved in an appropriate way in the activities and new structures of the CSCE in
order to fulfil their important tasks.”
172
Moscow 1991, op. cit., note 127, para. 43: “ The participating States will recognize as NGOs those
which declare themselves as such, according to existing national procedures, and will facilitate the
ability of such organizations to conduct their national activities freely on their territories…”
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