Annex XI: ODIHR’s Questionnaire on Human Rights Defenders in the OSCE Region Note Following its 2007 report Human Rights Defenders: Our Collective Conscience, the attached Questionnaire aims at compiling good practices in the area of human rights defence. A compilation of responses to this questionnaire will form part of the OSCE/ODIHR’ s second Report on human rights defenders (‘the Report’ ). Participating States will receive a copy of a draft version of the Report in advance of the 2008 Human Dimension Implementation Meeting. The questionnaire sets out four areas in which good practices are sought. Part I focuses on respect for the rights of defenders and sets out a number of questions concerning the legal space for their work. In order to play their vital role in society, human rights defenders require a sphere as much as possible free from unwarranted and unnecessary government interference. Part I aims at discovering the scope of this ‘space for action’ for defenders. In assessing progress made by participating States in improving the situation for defenders, the OSCE/ODIHR would also be interested in any areas in which participating States have recently lifted restrictions and limitations on the work of defenders. Part II of the questionnaire asks about measures taken to protect human rights defenders. As last year’ s Report has shown, human rights defenders can face physical attacks or are threatened with such attacks. Such attacks, or threats of attacks, may be committed by state organs or government officials themselves, or they may be committed by private actors of various kinds. The OSCE/ODIHR is particularly interested in hearing from participating States about actions they take to prevent attacks against defenders, how they respond to such attacks when they do occur and how they act to provide protection to defenders in third countries, for example by offering them refugee status, or by using diplomatic channels to raise concerns. Part III of the questionnaire asks about creating an enabling environment for defenders. In this section, participating States can identify what measures they have taken to support and encourage human rights defenders to raise concerns, and to build capacity amongst the domestic defenders community. Part IV of the questionnaire asks about what governments do with the information, criticism and suggestions received from human rights defenders. As the main dutybearer for human rights protection, States not only need to enable defenders to do their work, but also to listen to and address their concerns. This requires dialogue and interaction. In this section, the OSCE/ODIHR is interested in finding out from participating States where defenders can turn within the government with their concerns; what State bodies take up their suggestions; and, examples of State bodies positively engaging with human rights defenders, and of taking on board the concerns and suggestions of human rights defenders. 88

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