Hina Jilani, Représentante spéciale des Nations unies pour les défenseurs des droits humains

Protecting Human Rights Defenders at Risk: a priority of the new Special Representative of the Secretary General on Human Rights Defenders.

Ladies and gentlemen,

Let me begin by thanking Frontline for providing us this opportunity to hear the voices of human rights defenders and to assess the situation of human rights through their experiences. Let me also state how privileged I feel to be addressing women and men who courageously strive for the promotion and protection of human rights despite the difficult circumstances and challenges they confront. Recent events and developments have generated conditions that pose even greater challenges for the human rights community, globally, and demand a stronger affirmation of the commitment to the respect for human rights and fundamental freedoms. In this regard the conference gains greater significance.

The Declaration on human rights defenders acknowledges the value of the work of human rights defenders as well as the legitimacy of their actions for the promotion and protection of human rights. The protection of defenders is central to the promotion of human rights, the development and strengthening of democracy and the respect for the rule of law. The creation of the mandate of the Special Representative on human rights defenders is a measure on the one hand to monitor the situation of human rights defenders, and on the other to seek the implementation of the Declaration in a manner that eliminates the risks to which defenders are exposed.

My responsibilities under the mandate include adopting the most effective methods for receiving and responding to information on the situation of human rights defenders, as well as taking initiatives and devising strategies for the prevention of conditions resulting in harm to defenders. Therefore, in order to fulfill these responsibilities, a continuous interaction with human rights defenders is as essential as an active engagement with governments and non-state entities that can improve or mar the climate for the protection of defenders. The support and cooperation of international and regional bodies, specialized agencies and other mechanisms in the field of human rights is crucial to the better implementation of the mandate. Since I initiated my work in September 2000, I have attempted to pursue a course of action that offers the potential of achieving the objectives of this mandate.

I am conscious of the importance of this mandate as much as I am aware of the difficulties in the way of what needs to be achieved. The information I continue to receive indicates the serious nature of the problem that the mandate seeks to redress. I am deeply concerned by the variety of repressive trends, measures and practices used to threaten the freedom of action of human rights defenders. No region is free of these trends. The degree of violence used to silence voices raised in defence of human rights increases every day. The failure of states to offer effective guarantees against the violation of human rights has given a more critical dimension to the issue of human security.

The extent to which human rights defenders are persecuted is alarming. Assertion of democratic rights and the exercise of fundamental freedoms is being penalized, subjecting defenders to various forms of intimidation, harassment and violence. I have been dismayed by the number of reports I have received of violations against defenders, leading to killings, death threats, arbitrary arrest and detention, forced exile, vilification and defamation campaigns, and criminal proceedings as retaliation for their human rights activities.

Laws on public order, morality, national security or emergency, sedition or regulations for forming associations or receiving foreign funding are frequently being used to deprive defenders of their liberty, freedom of association, expression and assembly, and the freedom to carry on their profession. Reporting human rights violations have led to charges of spreading false information and defamation of authorities. Expression of views on human rights issues has been termed as incitement. Civic education programmes have led to charges of sedition. Criticism of discriminatory practices has been prosecuted as an offence against religion. Concerns expressed on the independence and impartiality of the judiciary have invited proceedings for contempt of court. Environment in academic institutions has been brought under strain by restrictions on academic freedom. A common method of harassment is intelligence activities aimed at defenders leading to obstruction of their work, violation of their privacy and placing them and the people they work with at greater risk of violence.

Methods of targeting defenders are becoming more and more sophisticated and dangerous, just as the range of perpetrators of violations grows wider. The activities of armed groups sponsored or tolerated by the state or acting independently, as well those of military and other security groups have become a major threat to the security of human rights defenders, and are, directly or indirectly undermining their work.

A significant factor enhancing the risks attached to the work human rights defenders is impunity for the violation of human rights. Exposure of such violations and seeking redress for victims is largely dependent on the degree of security with which human rights defenders can work. Governments have, in general, either failed or neglected to investigate complaints of attacks against defenders and punish the perpetrators. Without addressing the issue of impunity with respect to defenders, human rights can neither be protected nor effectively promoted.

Human rights activity has been reviled as "damaging national interests", "disturbing social peace" and, particularly the propagation of women's rights, as spreading "immorality" or "obscenity". These tendencies have created tensions between state and civil society. Repressive actions against human rights defenders, attacks on their credibility or labelling them as enemies of the state and a threat to national security has inflamed these tensions.

Human rights defenders face a particular challenge in the aftermath of the tragic events of September 11. It has become important to pursue the right to security and protection against terrorism with more vigour and emphasis. At the same time it is absolutely essential to ensure that states fulfill their obligation to protect without in any way ignoring their responsibility to respect the norms and standards of human rights. This will not be an easy task. In the wake of anti-terrorist strategies and national security legislations the role of human rights defenders becomes even more critical, with serious implications for their security, integrity and credibility.

Laws allowing the lowering of threshold of human rights standards, practices dismissive of the respect for fair practices, and policies reinforcing attitudes leading to xenophobia, discrimination on the basis of race, ethnic origin or nationality, pose as grave a threat to democracy, peace and security. The situation that is developing calls for an increased sensitivity to the vulnerability of groups such as migrants, refugees, asylum seekers or members of religious or other minorities in the current environment. There must also be a greater emphasis on saving the right to self-determination, and peaceful activities for the realization of this right must not be allowed to be repressed in the name of any campaign against terrorism or national security. More vigilance needs to be exercised in the scrutiny of state actions or omissions that raise humanitarian concerns or undermine the principles of human rights.

This in no way implies that the need to create and maintain public confidence in domestic and international security is not dire or critical. Acts of terrorism must be deterred by action that is legal and proportionate to the threat they pose. Defenders will need stronger commitment and firm resolve to fulfill their responsibility of protecting human rights standards from erosion. Yet they must not find themselves on the defensive. Their concerns are legitimate and there should be no hesitation in voicing them or taking the action necessary to protect human rights and fundamental freedoms. Any pretext to use anti-terrorist measures to silence or to deter human rights activists from their work could result in further deterioration of the climate of insecurity.

We must meet the challenges we confront with solidarity and with the affirmation that the universality and permanence of human rights can not be undermined under any circumstances or because of any conditions. Prospects for peace, security and justice can only be strengthened by abiding to human rights values and not by diluting these standards.

Let me end with the hope that human rights defenders will seriously consider forging links that will enable creation of support networks and coalitions at the national, regional and international levels. There is no better protection than that of solidarity, relevance and transparency of action and organized response to threats that defenders face.

I look forward to the continuing cooperation of human rights groups and defenders in the implementation of my mandate. I would like to take this opportunity to show my appreciation of the support I have received from the High Commissioner from Human Rights since the beginning of the mandate. I thank Frontline once again and wish the organization the best in furthering its objectives of protecting human rights defenders.