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.
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