Human Rights Defenders
Encyclopedia
Human rights defender is a term used to describe people who, individually or with others, act to promote or protect human rights
. Human rights defenders (HRDs) are those men and women who act peacefully for the promotion and protection of those rights.
adopted 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 on December 9, 1998, commonly known as the Declaration on Human Rights Defenders. It marks a historic achievement in the struggle toward better protection of those at risk for carrying out legitimate human rights
activities and is the first UN instrument that recognizes the importance and legitimacy of the work of human rights defenders, as well as their need for better protection.
The Declaration codifies the international standards that protect the activity of human rights defenders around the world. It recognises the legitimacy of human rights activity and the need for this activity and those who carry it out to be protected. Under the Declaration, a human rights defender is anyone working for the promotion and protection of human rights. This broad definition encompasses professional as well as non-professional human rights workers, volunteers, journalist
s, lawyer
s and anyone else carrying out, even on an occasional basis, a human rights activity.
The Declaration articulates existing rights in a way that makes it easier to apply them to the situation of human rights defenders. It specifies how the rights contained in the major human rights instruments, including the right of free expression, association and assembly, apply to defenders. The Declaration outlines specific duties of states
as well as the responsibility of everyone with regard to defending human rights.
The rights protected under the Declaration include the right to develop and discuss new human rights ideas and to advocate their acceptance; the right to criticise government bodies and agencies and to make proposals to improve their functioning; the right to provide legal assistance or other advice and assistance in defence of human rights; the right to observe trial
s; the right to unhindered access to and communication with non-governmental and intergovernmental organisations; the right to access resources for the purpose of protecting human rights, including the receipt of funds from abroad.
States have a responsibility to implement and respect all the provisions of the Declaration. In particular, states have the duty to protect human rights defenders against any violence, retaliation and intimidation as a consequence of their human rights work. The duty to protect is not limited to actions by state bodies and officials but extends to the actions of non-state actor
s, including corporation
s, religious groups and private individuals.
Following the adoption of the Declaration on Human Rights Defenders in 1998, a number of initiatives were taken, both at the international and regional level, to increase the protection of defenders and contribute to the full implementation of the Declaration. In this context, the following mechanisms were established:
In 2008, the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), took the initiative to gather for the first time all the human rights defenders’ institutional mandate-holders (created within the United Nations, the African Commission on Human and Peoples' Rights, the Inter-American Commission on Human Rights, Council of Europe, the Organisation for Security and Cooperation in Europe, the European Union) to find ways to enhance coordination and complementarities among themselves and with NGOs.
In 2010, a single inter-mechanisms website was created, gathering all relevant public information on the activities of the different human rights defenders’ protection mandate-holders aims at increasing the visibility of the documentation produced by the mechanisms – press releases, studies, reports, statements, etc., as well as of their actions (country visits, institutional events, trials observed).
Keck and Sikkink write from a context before the universal availability of information technology and at this point the main actors are the States. The boomerang pattern, argued by Keck and Sikkink, is a model of advocacy where a State A causes “blockage” by not protecting or violating rights. Non-state actors provide other non-state actors from a State B with information about the blockage and those non-state actors inform State B. State B places pressure on State A and/or has intergovernmental organizations place pressure on State A to change its policies.
In order to facilitate transnational advocacy networks, the network needs to have common values and principles, access to information and be able to effectively use that information, believe their efforts will cause change and effectively frame their values. Information use is historically very important to human rights organizations. Human rights methodology is considered “promoting change by promoting facts.” By using facts, state and non-state actors can use that viable information to pressure human rights violators.
Human rights advocacy networks focus on either countries or issues by targeting particular audiences in order to gain support. To gain audience support human rights organizations need to cultivate relationships through networking, have access to resources and maintain an institutional structure.
Due to information technology and its ability to provide an abundance of information, there are fewer to no costs for group forming. Coordination is now much easier for human rights organizations to track human rights violators and use the information to advocate for those in need.
One effect is that it is harder for governments to block information they do not want their citizens to obtain. The increase in technology makes it nearly impossible for information not to penetrate everyone around the globe making it easier for human rights organizations to monitor and ensure rights are being protected.
In addition, the fact that the Internet provides a platform for easy group forming, the use of an institutional organization is not essential. With social networking sites and blogs, any individual can perpetuate collective action with the right tools and audience. The need for a hierarchy is diminishing with the great abundance of information available.
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. Human rights defenders (HRDs) are those men and women who act peacefully for the promotion and protection of those rights.
Declaration on Human Rights Defenders
The United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
adopted the Declaration on the right and responsibility
Human responsibilities
Human responsibilities are the universal responsibilities of human beings regardless of jurisdiction or other factors, such as ethnicity, nationality, religion, or sex....
of individuals, groups and organs of society to promote and protect universally recognized human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and fundamental freedoms on December 9, 1998, commonly known as the Declaration on Human Rights Defenders. It marks a historic achievement in the struggle toward better protection of those at risk for carrying out legitimate human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
activities and is the first UN instrument that recognizes the importance and legitimacy of the work of human rights defenders, as well as their need for better protection.
The Declaration codifies the international standards that protect the activity of human rights defenders around the world. It recognises the legitimacy of human rights activity and the need for this activity and those who carry it out to be protected. Under the Declaration, a human rights defender is anyone working for the promotion and protection of human rights. This broad definition encompasses professional as well as non-professional human rights workers, volunteers, journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
s, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s and anyone else carrying out, even on an occasional basis, a human rights activity.
The Declaration articulates existing rights in a way that makes it easier to apply them to the situation of human rights defenders. It specifies how the rights contained in the major human rights instruments, including the right of free expression, association and assembly, apply to defenders. The Declaration outlines specific duties of states
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
as well as the responsibility of everyone with regard to defending human rights.
The rights protected under the Declaration include the right to develop and discuss new human rights ideas and to advocate their acceptance; the right to criticise government bodies and agencies and to make proposals to improve their functioning; the right to provide legal assistance or other advice and assistance in defence of human rights; the right to observe trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
s; the right to unhindered access to and communication with non-governmental and intergovernmental organisations; the right to access resources for the purpose of protecting human rights, including the receipt of funds from abroad.
States have a responsibility to implement and respect all the provisions of the Declaration. In particular, states have the duty to protect human rights defenders against any violence, retaliation and intimidation as a consequence of their human rights work. The duty to protect is not limited to actions by state bodies and officials but extends to the actions of non-state actor
Non-state actor
Non-state actors are categorized as entities participating or acting in the sphere of international relations; organisations with sufficient power to influence and cause change in politics which are...
s, including corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s, religious groups and private individuals.
Protection mechanisms
Following the adoption of the Declaration on Human Rights Defenders in 1998, a number of initiatives were taken, both at the international and regional level, to increase the protection of defenders and contribute to the full implementation of the Declaration. In this context, the following mechanisms were established:
- The mandate of the United Nations Special Rapporteur on human rights defenders (2000)
- The mandate of the Special Rapporteur of the African Commission on Human and Peoples' RightsAfrican Commission on Human and Peoples' RightsThe African Commission on Human and Peoples' Rights is a quasi-judicial body tasked with promoting and protecting human rights and collective rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of...
on human rights defenders (2004) - The Human Rights Defenders Unit of the Inter-American Commission on Human RightsInter-American Commission on Human RightsThe Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
(2001) - The European UnionEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
Guidelines on human rights defenders (2004)
In 2008, the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), took the initiative to gather for the first time all the human rights defenders’ institutional mandate-holders (created within the United Nations, the African Commission on Human and Peoples' Rights, the Inter-American Commission on Human Rights, Council of Europe, the Organisation for Security and Cooperation in Europe, the European Union) to find ways to enhance coordination and complementarities among themselves and with NGOs.
In 2010, a single inter-mechanisms website was created, gathering all relevant public information on the activities of the different human rights defenders’ protection mandate-holders aims at increasing the visibility of the documentation produced by the mechanisms – press releases, studies, reports, statements, etc., as well as of their actions (country visits, institutional events, trials observed).
Awards for human rights defenders
- The United Nations Prize in the Field of Human RightsUnited Nations Prize in the Field of Human RightsThe United Nations Prizes in the Field of Human Rights were instituted by United Nations General Assembly in 1966.They are intended to "honour and commend people and organizations which have made an outstanding contribution to the promotion and protection of the human rights embodied in the...
in 1998. - The Martin Ennals Award, a collaboration of several human rights NGOs. Martin EnnalsMartin EnnalsMartin Ennals was a British human rights activist.Ennals served as the Secretary-General of Amnesty International, between 1968 and 1980....
was a renowned human rights defender and secretary general of Amnesty InternationalAmnesty InternationalAmnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
. Its secretariat is located at the OMCT office in Geneva.. The awardee of the Martin Ennals Award is granted at least 20,000 Swiss Francs (about 20,000 US dollars) to be used for further work in the field of human rights. - The Human Rights Defender Award is the highest award of Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
- The Human Rights Defenders TulipHuman rights defenders tulipThe Human Rights Defenders Tulip is an annual award for individuals who have shown exceptional moral courage in protecting and promoting the rights of his or her fellow citizens. The award was established by the Netherlands government in 2007, and presented for the first time on 10 December 2008...
was established by the NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
government in 2008. - Imprisoned ChineseChinaChinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
human rights activist Liu XiaoboLiu XiaoboLiu Xiaobo is a Chinese literary critic, writer, professor, and human rights activist who called for political reforms and the end of communist single-party rule in China...
won the 2010 Nobel Peace Prize2010 Nobel Peace PrizeThe 2010 Nobel Peace Prize was awarded to imprisoned Chinese human rights activist "for his long and non-violent struggle for fundamental human rights in China"...
for his "long and non-violent struggle for fundamental human rights in China"
Transnational Advocacy Networks and Human Rights
Margaret E. Keck and Kathryn Sikkink, in “Activists Beyond Borders” define transnational advocacy networks as “…networks of activists, distinguishable largely by the centrality of principled ideas or values in motivating their formation.” This definition can be seen in many human rights organizations.Keck and Sikkink write from a context before the universal availability of information technology and at this point the main actors are the States. The boomerang pattern, argued by Keck and Sikkink, is a model of advocacy where a State A causes “blockage” by not protecting or violating rights. Non-state actors provide other non-state actors from a State B with information about the blockage and those non-state actors inform State B. State B places pressure on State A and/or has intergovernmental organizations place pressure on State A to change its policies.
In order to facilitate transnational advocacy networks, the network needs to have common values and principles, access to information and be able to effectively use that information, believe their efforts will cause change and effectively frame their values. Information use is historically very important to human rights organizations. Human rights methodology is considered “promoting change by promoting facts.” By using facts, state and non-state actors can use that viable information to pressure human rights violators.
Human rights advocacy networks focus on either countries or issues by targeting particular audiences in order to gain support. To gain audience support human rights organizations need to cultivate relationships through networking, have access to resources and maintain an institutional structure.
Information Technology and Human Rights Networked Advocacy
The widespread availability of the internet, mobile telephones, and related communications technologies enabling users to overcome the transaction costs of collective action has begun to change the previous models of advocacy.Due to information technology and its ability to provide an abundance of information, there are fewer to no costs for group forming. Coordination is now much easier for human rights organizations to track human rights violators and use the information to advocate for those in need.
One effect is that it is harder for governments to block information they do not want their citizens to obtain. The increase in technology makes it nearly impossible for information not to penetrate everyone around the globe making it easier for human rights organizations to monitor and ensure rights are being protected.
In addition, the fact that the Internet provides a platform for easy group forming, the use of an institutional organization is not essential. With social networking sites and blogs, any individual can perpetuate collective action with the right tools and audience. The need for a hierarchy is diminishing with the great abundance of information available.
Electronic Mapping
Electronic mapping is a newly developed tool using electronic networks and satellite imagery and tracking. Examples include tactical mapping, crisis mapping and geo-mapping. Tactical mapping has been primarily used in tracking human rights abuses by providing visualization of the tracking and implementation monitoring.See also
- Protection InternationalProtection InternationalProtection International is an international non-profit organisation dedicated to the protection of human rights defenders . Its stated mission is to enhance the security and the protection of "threatened civil society actors with non-violent means, especially those who fight for their legitimate...
- International human rights instrumentsInternational human rights instrumentsInternational human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...
- International Service for Human RightsInternational Service for Human RightsThe International Service for Human Rights is a Geneva- and New York-based human rights NGO that specializes in providing training, information and advice for defenders of human rights worldwide. Established in 1984, ISHR provides information on both international and regional human rights law...
- Human responsibilitiesHuman responsibilitiesHuman responsibilities are the universal responsibilities of human beings regardless of jurisdiction or other factors, such as ethnicity, nationality, religion, or sex....
External links
- OHCHR - Official site
- UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
- Civil Rights Defenders
- International Service for Human Rights: Working to support Human Rights Defenders
- Amnesty International: Protecting Human Rights Defenders
- Peace Brigades International
- Front Line: The International Foundation for the Protection of Human Rights Defenders at Risk
- International Federation for Human Rights - Human rights defenders programme of FIDH
- The Human rights defenders programme of the OMCT
- One stop website for the protection of defenders- Protection International
- Martin Ennals Award
- The Carter Center’s Human Rights Defenders Forum
- Human Rights Defenders Tulip
- Human Rights House Network: Protect, strengthen and support human rights organisations locally, and unite them in an international network