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Declaration on Human Rights
Defenders
General Assembly Resolution
A/RES/53/144 adopting the Declaration on human rights defenders
The Declaration on human rights
defenders
Elaboration of the
Declaration on human rights defenders began in 1984 and ended with
the adoption of the text by the General Assembly in 1998, on the
occasion of the fiftieth anniversary of the Universal Declaration of
Human Rights. A collective effort by a number of human rights
non-governmental organizations and some State delegations helped to
ensure that the final result was a strong, very useful and pragmatic
text. Perhaps most importantly, the Declaration is addressed not
just to States and to human rights defenders, but to everyone. It
tells us that we all have a role to fulfil as human rights defenders
and emphasizes that there is a global human rights movement that
involves us all. The Declaration’s full name is the “Declaration
on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms” – with this longer title is frequently
abbreviated to “The Declaration on human rights defenders”.
1. Legal character
The Declaration is not,
in itself, a legally binding instrument. However, it contains a
series of principles and rights that are based on human rights
standards enshrined in other international instruments that are
legally binding – such as the International Covenant on Civil and
Political Rights. Moreover, the Declaration was adopted by consensus
by the General Assembly and therefore represents a very strong
commitment by States to its implementation. States are increasingly
considering adopting the Declaration as binding national legislation.
2. The
Declaration’s provisions
The Declaration provides
for the support and protection of human rights defenders in the
context of their work. It does not create new rights but instead
articulates existing rights in a way that makes it easier to apply
them to the practical role and situation of human rights defenders.
It gives attention, for example, to access to funding by
organizations of human rights defenders and to the gathering and
exchange of information on human rights standards and their
violation. The Declaration outlines some specific duties of States
and the responsibilities of everyone with regard to defending human
rights, in addition to explaining its relationship with national law.
Most of the Declaration’s provisions are summarized in the following
paragraphs. [1] It is
important to reiterate that human rights defenders have an
obligation under the Declaration to conduct peaceful activities.
(a) Rights and
protections accorded to human rights defenders
Articles 1, 5, 6, 7, 8,
9, 11, 12 and 13 of the Declaration provide specific protections to
human rights defenders, including the rights:
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To seek the protection
and realization of human rights at the national and international
levels;
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To conduct human
rights work individually and in association with others;
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To form associations
and non-governmental organizations;
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To meet or assemble
peacefully;
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To seek, obtain,
receive and hold information relating to human rights;
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To develop and discuss
new human rights ideas and principles and to advocate their
acceptance;
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To submit to
governmental bodies and agencies and organizations concerned with
public affairs criticism and proposals for improving their
functioning and to draw attention to any aspect of their work that
may impede the realization of human rights;
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To make complaints
about official policies and acts relating to human rights and to
have such complaints reviewed;
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To offer and provide
professionally qualified legal assistance or other advice and
assistance in defence of human rights;
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To attend public
hearings, proceedings and trials in order to assess their
compliance with national law and international human rights
obligations;
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To unhindered access
to and communication with non-governmental and intergovernmental
organizations;
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To benefit from an
effective remedy;
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To the lawful exercise
of the occupation or profession of human rights defender;
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To effective
protection under national law in reacting against or opposing,
through peaceful means, acts or omissions attributable to the
State that result in violations of human rights;
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To solicit, receive
and utilize resources for the purpose of protecting human rights (including
the receipt of funds from abroad).
(b) The duties of
States
States have a
responsibility to implement and respect all the provisions of the
Declaration. However, articles 2, 9, 12, 14 and 15 make particular
reference to the role of States and indicate that each State has a
responsibility and duty:
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To protect, promote
and implement all human rights;
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To ensure that all
persons under its jurisdiction are able to enjoy all social,
economic, political and other rights and freedoms in practice;
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To adopt such
legislative, administrative and other steps as may be necessary to
ensure effective implementation of rights and freedoms;
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To provide an
effective remedy for persons who claim to have been victims of a
human rights violation;
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To conduct prompt and
impartial investigations of alleged violations of human rights;
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To take all necessary
measures to ensure the protection of everyone against any violence,
threats, retaliation, adverse discrimination, pressure or any
other arbitrary action as a consequence of his or her legitimate
exercise of the rights referred to in the Declaration;
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To promote public
understanding of civil, political, economic, social and cultural
rights;
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To ensure and support
the creation and development of independent national institutions
for the promotion and protection of human rights, such as
ombudsmen or human rights commissions;
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To promote and
facilitate the teaching of human rights at all levels of formal
education and professional training.
(c) The
responsibilities of everyone
The Declaration
emphasizes that everyone has duties towards and within the community
and encourages us all to be human rights defenders. Articles 10, 11
and 18 outline responsibilities for everyone to promote human rights,
to safeguard democracy and its institutions and not to violate the
human rights of others. Article 11 makes a special reference to the
responsibilities of persons exercising professions that can affect
the human rights of others, and is especially relevant for police
officers, lawyers, judges, etc.
(d) The role of
national law
Articles 3 and 4 outline
the relationship of the Declaration to national and international
law with a view to assuring the application of the highest possible
legal standards of human rights.
[1] A more
detailed commentary on the Declaration is provided in the report of
the Secretary-General to the Commission on Human Rights at
its fifty-sixth session, in 2000 (E/CN.4/2000/95). The report also
contains proposals for the implementation of the Declaration.
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