2. Good practices regarding human rights defenders
Defenders do not operate in a vacuum. In order to function well, the state must allow
them to operate freely, protect them where necessary, and facilitate and encourage
their work. The state must also engage with them, so that their voices are heard and
their concerns are taken into account when developing or implementing public policy.
As far as protection of their human rights and fundamental freedoms is concerned,
defenders generally do not need different rules from anyone else for expressing views
or taking action on matters of public concern. What they need is simply the full
application of existing standards of international human rights law.
The following section outlines some of the specific ways in which OSCE participating
States have sought to ensure that defenders can operate freely and effectively. It
provides an indication of the kinds of policies and practices states have pursued in this
regard. It was drawn up on the basis of responses to the questionnaire sent to
participating States (see Annex I for the complete list of responses).
The questionnaire was inspired by, inter alia, OSCE commitments in the area of
human rights defenders (see Annex III) and the work of the UN special representative
(now special rapporteur) on human rights defenders. In a recent report, the former
special representative set out a number of indicators to assess compliance with the UN
Declaration on Human Rights Defenders.108 These include general indicators,
indicators to assess the community of human rights defenders, indicators to assess
levels of security of defenders and the level of impunity of human rights violations
against defenders, as well as indicators to assess governments’ collaboration with
regional and international human rights mechanisms.109 These indicators are included
in Annex X to this report.
This section is divided into four parts corresponding to the questionnaire:
- Respecting the rights of human rights defenders: creating an open space for
action;
- Protecting the rights of defenders;
- Creating an enabling environment for defenders;
- Listening to, and addressing the concerns of, defenders.
2.1. Respecting the rights of human rights defenders: creating an open space for
action
In order to perform their tasks properly, human rights defenders require an open space
for action. This means that limitations on the core freedoms related to their work –
freedom of association,110 freedom of peaceful assembly,111 freedom of movement,112
and freedom of expression113 – must be kept to a minimum.114 Participating States
108
See the report by the special representative of the secretary-general on human rights defenders, Hina
Jilani, “ From action to impact: follow-up to the activities of the Special Representative” , U.N. Doc.
A/HRC/7/28, 31 January 2008.
109
Ibid., paras. 75-78.
110
Copenhagen 1990, op. cit., note 25 para. 9.2; “ Charter of Paris for a New Europe” , CSCE, Paris, 1921 November 1990, preamble.
111
Copenhagen 1990, op. cit., note 25, para. 9.2; Paris 1990, ibid.
112
Copenhagen 1990, ibid., para. 9.5; Paris 1990, ibid.
113
Copenhagen 1990, ibid., para. 9.1; Paris 1990, ibid.
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