WUNRN
LAND RIGHTS DEFENDERS REPORT – VIOLENCE, ABUSE – WOMEN’S
RIGHT TO LAND
Action on Land Grabs: Supporting Women – ActionAid:
http://www.actionaid.org/2014/01/action-land-grabs-supporting-women
Realizing Women’s Rights to Land & Other Productive Resources:
http://www.ohchr.org/documents/publications/realizingwomensrightstoland.pdf
Women & Land Rights – Closing the Gender Gap:
http://www.landesa.org/wp-content/uploads/women-and-land-infographic1.jpg
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Observatory for the Protection of Human Rights Defenders – FIDH & OMCT
Direct Link to Full 156-Page 2014 Report:
http://www.omct.org/files/2014/12/22918/obs_2014_uk_web2.pdf
Between 2011 and 2014, the Observatory documented 43 assassination
cases targeting land rights defenders and the judicial harassment of 123
defenders, sometimes together with their arbitrary detention. These figures
only reflect a small fraction of the real picture. All regions in the world are
concerned, Asia and Latin America being the most affected.
The Observatory found that authors of repression are often the
police, the military, private security agents and “henchmen”. Their objective
being to silence dissenting voices likely to slow down investment projects.
In addition to violence, numerous States also use judicial
harassment and arbitrary detention to intimidate defenders. Thanks to laws that
violate fundamental freedoms or in violation of their own laws, they jail any
person deemed to be a nuisance. “Terrorism”, “misleading propaganda”,
“infringement to State security”, “public unrest”, there are many abusive
charges which can result in heavy prison terms.
“Land rights defenders speak for millions of victims. When a
defender is jailed or killed, thousands of victims are silenced ”,
declared Gerald Staberock, OMCT Secretary General.
Land rights defenders are often powerless when they face physical
attacks and arbitrary arrests. According to the Observatory, 95% of violations
against them remain unpunished today.
Judicial bodies in countries where such violations occur are
characterised by a lack of independence, resources and expertise. Regarding the
possibility of prosecuting business corporations responsible for human rights
violations, the legal battle – if any – is often lengthy, perilous, unequal and
costly.
At the heart of the problem lies the issue of the participation of
individuals and communities affected by the development policies and investment
projects. The Observatory calls for meaningful consultations that ensure the
direct participation of populations affected by the projects and the
recognition of land rights defenders as the legitimate spokespersons in order
to prevent conflicts and put an end to serious human rights violations.
Furthermore, it is necessary to strengthen the capacity and independence of
domestic judicial systems, including in States hosting the headquarters of
business corporations, in order to allow defenders to access justice and seek
redress in the event of human rights violations.
The Observatory also recommends to strengthen international law in
order to trigger effectively the responsibility of business corporations when
the latter commit human rights violations and to guarantee the adequate
protection of land rights.