WUNRN
http://www.ishr.ch/news/challenges-women-defenders-working-business-and-human-rights
MEXICO/LATIN AMERICA – WOMEN HUMAN RIGHTS &
JUSTICE DEFENDERS – DANGERS & RISKS WITHOUT ADEQUATE & GENDER-SPECIFIC
PROTECTIONS
Alejandra Ancheita
By Alejandra Ancheita, 11-24-2014 - 2014 Martin
Ennals Award Laureate and Executive Director of ProDESC.
In the build up to the
third UN Forum on Business and Human Rights, ISHR will publish a series of
articles by key human rights defenders and experts in this field, before
launching a special edition of its Human Rights Monitor on 1 December, in both
English and Spanish. Click here to join our Spanish language mailing list.
The challenges and
risks that human rights defenders (HRDs) are facing in Mexico and other Latin
American countries are diverse and growing daily in the absence of
comprehensive State action to address this situation.
The inadequate
response of the Mexican government to the hundreds of cases of attacks and
intimidation has become evident in various spaces. For instance in the recent
Universal Periodic Review of the United Nations, the Mexican State received 24
recommendations on the situation of human rights defenders and journalists in
the country, whilst the Protection Mechanism for Human Rights Defenders and
Journalists, in the Interior Ministry, has received 130 applications for
protection.
Its response has
been insufficient, particularly for those groups of defenders who face
particular and heightened risks. As a woman human rights defender who works on
issues related to business and the environment, I ought to know.
Situations of
particular vulnerability require a tailored response
The report of the
Special Rapporteur on the situation of human rights defenders to the UN General
Assembly (2013) informs that HRDs are commonly branded as being against
development per se if their actions oppose the
implementation of development projects that have a direct impact on natural
resources, people’s land and the environment. But, rather than
demonstrating opposition to development, such actions should be embraced
as legitimate attempts to defend the rights of those affected directly
and indirectly by development projects and policies, as long as such
defense is pursued through peaceful means.
Importantly,
the fact that women human rights defenders face specific threats has been well
established. However, existing protection mechanisms have not yet adjusted to
incorporate this reality into their functioning, thus leaving women defenders
vulnerable to gender-specific threats and aggressions. This is a global
phenomenon and, in over 15 years as a human rights defender in Mexico, I have
personally suffered violations of my human rights because of my gender and
numerous colleagues have found themselves in the same situation.
Because women HRDs
face gender-specific risks, it is essential to make protection measures
gender-specific. Women defenders are convinced that their security requires a
holistic approach. This involves not only applying a gender-specific
interpretation of traditional security measures, but also addressing the root
causes of insecurity for women HRDs and guaranteeing the conditions necessary
to enable them to carry out their work.
Integral security
for women defenders must also seek to transform public opinion to understand
and support our work. The first step in this regard is for States to recognize
that working to defend certain rights can make women HRDs particularly vulnerable,
for example by working on indigenous land rights in Latin America. Public
statements made by public officials on the importance of our role and the
legitimacy of our work are key. Authorities must investigate and punish those
responsible for statements that seek to defame or attack defenders or
delegitimize their work, even when such statements are made by non-State actors
like community leaders or company representatives. Given the severe impact
inflammatory statements have on women defenders’ work and wellbeing, they must
be treated as aggressions in and of themselves.
Governmental protection
mechanisms: the Mexican example
In the vast majority
of countries there are no specific mechanisms in place to protect human rights
defenders. Where mechanisms have been created they are often hindered by
operational failings, a lack of financial or human resources, the absence of
gender-sensitivity, limited options for collective or community measures, and
absent political will. Rather than taking preventive measures or tackling the
structural causes of violence and discrimination against women defenders, these
mechanisms focus on securing the physical integrity of individual defenders in
the short term, using a rigid approach with a common set of measures applicable
to all. States need to address this situation in order to comply with their
obligation to create a safe and enabling environment for women defenders and
those working on business and human rights.
As my work is based
in Mexico, and due to my incorporation into the Federal Protection Mechanism
for human rights defenders and journalists last year, this is the Mechanism I
am best-placed to comment on. One very positive aspect of the mechanism is that
four of the nine members of the decision-making body come from civil society.
However, the Mechanism is also faced with several challenges.
The Mechanism falls
short in the preventative aspect. Recently, various actors including Amnesty
International, Human Rights Watch and the CEDAW Committee have highlighted
impunity for violations against women defenders as the greatest obstacle in
improving their safety. In spite of this concern, the law establishing the
Mechanism does not guarantee the adequate investigation and prosecution of
perpetrators.
The Mechanism also
fails to incorporate a gender perspective to better understand the situation
facing women HRDs. I believe that the Mexican authorities have the opportunity
to set best practices in this regard, by providing gender-sensitive training to
staff and by developing gender indicators to guide the granting, planning and
implementation of protection measures.
Mexican authorities
responsible for the Mechanism must also effectively involve defenders in the
design and implementation of protection measures, as well as conducting risk
assessments in a more transparent way. This is particularly important in the
case of defenders working on issues that impact upon private actors such as
business, or those defending land rights in isolated communities. Finally,
cooperation and coordination between federal, state and local authorities in
the implementation of protection measures need to drastically improve.
Global business, global
response
But the
responsibility doesn’t stop there. The international community also owes a duty
to support the work carried out by HRDs. For example, in 2004 the European
Union adopted Guidelines for the support and protection of human rights
defenders, instructing EU missions to adopt a proactive policy for their
protection. It is important to recall the responsibility which third States
have to prevent human rights violations that arise from the activities of
companies based within their jurisdiction, particularly given the lack of
political will and weak institutional capacity which often exist in the
countries where large transnational companies operate, such as Mexico.
Human rights defenders:
steadfast
Whilst States must
take on these multiple aspects to ensure our security, as human rights
defenders we will not tire of demanding impartial investigations, the
sanctioning of those who perpetrate against us and guarantees of no-repetition.
These are our rights of access to justice and it is crucial that we demand an
end to the impunity which currently propitiates the painful maelstrom of
violence in Mexico.