WUNRN
Direct Link to Full 21-Page Report
2010 of the UN Special Rapporteur on Human Rights Defenders:
WOMEN HUMAN RIGHTS DEFENDERS -
TARGET OF VIOLENCE &
REPRESSION + ACTIVE AGENTS OF
SOCIAL TRANSFORMATION
Margaret
Sekaggya, the Special Rapporteur on the situation of human rights defenders
submitted her third
report to the UN Human Rights Council. This report is the first to focus exclusively on the
situation of women defenders and those working on women’s rights or gender
issues.
By Analía
Penchaszadeh - AWID
Human rights
and women’s organizations have welcomed the Special Rapporteur’s report as a
significant contribution to validating the important role that women human rights
defenders play in the defending human rights and acknowledging them not just as
victims, but as active agents of social change and transformation. The report
raises the necessity to address the seriousness of the violations against them
and the need for gender-specific protection. AWID and members of the Women
Human Rights Defenders International Coalition will be present at the public
presentation and discussion of the report at 16th Session of UN
Human Rights Council in Geneva on 10 March 2011, demonstrating support for
itsvfindings and recommendations.
Background
In 1999, the
United Nations General Assembly adopted the UN Declaration on Human Rights Defenders. The declaration
states that “everyone has the right, individually and in association with
others, to promote and to strive for the protection and realization of human
rights and fundamental freedoms at the national and international levels.” It
stresses that “the prime responsibility and duty to promote and protect human
rights and fundamental freedoms lie with the State” and that “all members ofthe
international community … [should] promote and encourage respect for human
rights and fundamental freedoms for all without distinction of any kind,
including distinctions based on race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status…”
In order to
support the implementation of the Declaration on human rights defenders and
also to gather information on the actual situation of human rights defenders
around the world, the UN Secretary General established the mandate
for a Special Rapporteur on Human Rights Defenders in 2000.
Overview
of Rapporteur’s Report
The new
report reviews the Rapporteur’s activities from December 2009 to December 2010,
and provides an analysis of risks and challenges faced by women human rights
defenders andthose working on women’s human rights and gender issues during the
period 2004to 2009. The report affirms that “women defenders are more at risk
of suffering certain forms of violence and other violations, prejudice,
exclusion, and repudiation than their male counterparts. This is often due to
the fact that women defenders are perceived as challenging accepted
socio-cultural norms, traditions, perceptions and stereotypes about femininity,
sexual orientation, and the role and status of women in society.”
The report
presents compelling data about violations against women defenders and those
working on women’s rights or gender issues as well as violations against their
families. It describes the wide-ranging issues that women defenders work on -
sexual and reproductive rights, indigenous rights and environmental issues,
trade unions and labor rights, impunity and access to justice, among others.
Defenders denouncing abuses in contexts of military conflict, counter-terrorism
and conflict-affected (and post-conflict) countries are present in all regions,
with mentions of the Democratic Republic of the Congo, the Sudan, Colombia, the
North Caucasus, the Balkan countries, and Nepal. Women professionals, including
medical and health professionals, legal professionals, journalists and media
professionals are specifically highlighted as being at risk.
Report’s
Findings
The risks
and violations reported in the period 2004-2009 include (a) threats, death
threats and killings; (b) arrest, detention, and criminalization; (c)
stigmatization; and (d) sexual violence and rape. Some of the striking findings
include:
The report
“reveals a worrying trend of criminalization of the activities carried out by
women human rights defenders and those working on women’s rights or gender
issues throughout the world.” This includes arrests and criminalization of the
defenders’ work, as well as criminal investigations and irregularities relating
to due process and fair trial procedures. “By contrast to Central and South
America where threats and death threats are most commonly reported, arrests and
criminalization were most commonly reported in Asia and the Pacific.” China and
the Islamic Republic of Iran are mentioned in relation to concern for arrests
and prison sentences. Europe and Central Asia are also mentioned regarding
arrests, detentions and criminalization.
Protection
Mechanisms
In addition
to the risks faced by women human rights defenders and those working on women’s
human rights and gender issues, the report discusses protection mechanisms and
security strategies, and the obligation of the State to protect all human
rights defenders from violations by State as well as Non-State actors.
A review of
protection mechanisms found them to be inadequate because of the lack of
implementation, political will or gender-sensitivity. In the Americas, the
current protection mechanisms werefound to be ineffective because they do not
recognize non-State actors as part of the group of perpetrators. Mexico’s
effort to develop a protection program for human rights defenders was singled
out, with cautious support as it is unclear whether it includes a gender
dimension for women’s rights defenders. Similarly, Colombia’s protection
program for internally displaced women was mentioned with a note that it would
be important to extend this program to protect other groups of women defenders
in the country.
The Special
Rapporteur makes special mention of the strategies developed by women human
rights defenders to keep themselves safe, “considering the dearth of
State-based resources for protection.” Some of these strategies include increasing
visibility through public denunciation and public campaigns, strategic
alliances with other national and international organizations, accompaniment to
defenders at risk, and lowering the profile of activities to avoid drawing
attention. “While such initiatives are commendable and often extremely
effective, they are insufficient to replace the State’s policies or programs
necessary to effectively address the security needs of this group of
defenders.”
Recommendations
The
conclusions of the report highlight the extraordinary risks that women human
rights defenders and those working on women’s rights or gender issues in the
different regions of the world face due to their work. Importantly, the report
acknowledges that the risks and violations faced by women human rights
defenders must be understood in the context of the work the defenders are
carrying out. As such, “the security of such defenders is inherently linked to
the security of their communities and can only be fully achieved in the context
of a holistic approach which includes deepening democracy, the fight against
impunity, reducing economic inequalities, and striving for social and
environmental justice, among others.”
The majority
of recommendations are directed at States, who are identified as the main
actors responsible for guaranteeing the safety and well-being of human rights
defenders. The Rapporteur recommends that States “publicly acknowledge the
particular and significant role played by women defenders and those working on
women’s rights or gender issues in the consolidation and advancement of plural
and inclusive societies as a first step to preventing or reducing the risks
they face.” Additionally, the Rapporteur calls for prompt and impartial
investigations of violations, and fighting impunity; increasing resources for,
and incorporating a gender perspective into protection programs; and improving
mechanisms for documentation of cases of violations. An important
recommendation is that women human rights defenders be involved in consultations,
as specific stakeholders in protection programs and other initiatives.
The report
includes recommendations for national human rights institutions, regional
protection mechanisms, and national and international NGOs. These are primarily
in the areas of documentation of cases, support networks, and promoting the
integration of a gender dimension in programs and interventions.
Validation
for trends seen by Women Human Rights Defenders and allies
Human rights
and women’s rights organizations have been alarmed by the increase in violence
against women human rights defenders – women who defend human rights as well as
women and men who work on women’s rights and gender issues. The Special
Rapporteur’s report confirms these concerns. The report, which is based on
complaints made to, and acted upon by the Special Rapporteur, acknowledges its
limitations. The report does, however, make an important contribution to the
international community by increasing the visibility of the risks and
violations to women human rights defenders. It emphasizes the importance of
improving documentation of violations in order to increase their visibility, as
well as to better understand the trends and risks. This is an important area of
work for human rights and women’s rights organizations in their accompaniment
of women human rights defenders.
Despite its
limitations, the report is clear on specific risks that demand attention,
specific groups of defenders who are in need of protection, and specific
countries and regions where violations are particularly severe. This provides
an important tool for women human rights defenders and allies to advocate for
better security measures and to strengthen support networks.