Peace Brigades International supports Declaration +25 with new provisions to protect human rights defenders
Peace Brigades International (PBI) supports Declaration +25, “a landmark document systematising relevant developments in regional and international human rights law and standards of the last 25 years.”
Declaration +25 addresses key issues that were not fully addressed by the Declaration on human rights defenders that was adopted by consensus by the United Nations General Assembly in 1998.
Excerpts from Declaration +25 include:
PREAMBLE
DISTURBED by the trend of security forces engaging in assaults against human rights defenders and the role of judicial bodies in judicial harassment and criminalization,
DEEPLY CONCERNED by the persistence of significant challenges and threats to human rights defenders and the persistent instances of killing, physical violence, stigmatization, criminalization, and other online and offline attacks that compromise their ability to carry out their work or activities, as well as their legitimacy, safety and freedom;
EMPHASIZING the vital importance of investigating all threats and attacks against human rights defenders, and ensuring accountability and addressing impunity, whether perpetrated by State or non-State actors (including business enterprises);
STRESSING the responsibility of non-State actors (including business enterprises) to respect and support human rights defenders and, DEEPLY CONCERNED by their increasing role in attacks against, and undermining or obstructing the vital work or activities of, human rights defenders;
ARTICLE 4
States shall ensure a safe and enabling environment for human rights defenders.
ARTICLE 7
(c) Take effective measures to address the structural conditions that create or accentuate the risks faced by human rights defenders, including impunity and lack of accountability, political instability such as militarization, states of emergency and extremism, any form of systemic discrimination, and transnational repression.
ARTICLE 11
In particular, in conflict, post-conflict, and crisis-affected settings, States should:
(h) Ensure that security forces deployed to police assemblies have received human rights training, especially in assembly facilitation and de-escalation techniques, and that they are placed under civilian command and oversight, have clearly defined responsibilities and rules of engagement, and are accountable.
ARTICLE 12
States shall adopt such legislative, administrative and other steps as may be necessary to implement the Declaration and the Declaration +25 within their jurisdiction and in territories under their control, in particular to ensure that the rights and protections accorded to human rights defenders under the Declaration and the Declaration +25 are given effect in domestic legislation, as well as by local governments and judicial bodies.
ARTICLE 17
States shall adopt and enforce laws and policies, and take all necessary measures to ensure that non-State actors (including business enterprises) respect human rights defenders and do not, directly or indirectly, violate or restrict their rights or activities.
ARTICLE 18
In particular, in safe and meaningful consultation with human rights defenders, business enterprises should:
(c) Ensure that due diligence processes respect the right to free, prior, and informed consent (FPIC), including the right of Indigenous Peoples to define the process by which FPIC is achieved and to withhold consent, regardless of any opposing claim by the government.
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The 8-page Declaration (1998) can be read here and here. You can download the 36-page Declaration on Human Rights Defenders +25 here.
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