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Defending Human Rights: A Resource Book for Human

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as organisations advocating <strong>for</strong> women’s rights.<br />

Perpetrators of discrimination and outright violation<br />

of the defenders’ rights range from State 33 to non-<br />

State actors including members of the community<br />

and the defenders’ families. Holding violators<br />

accountable, poses a difficult task in an environment<br />

often generally hostile to women human rights<br />

defenders or the rights they defend. Though most<br />

of the governments of the sub-region subscribe<br />

to international human rights standards, their<br />

compliance is arbitrary and guided by political<br />

agendas. The support of “women’s issues” by some<br />

governments is often revealed to be superficial<br />

and opportunistic without efficiently addressing<br />

the root causes of persisting discrimination and<br />

inequality. Women’s continued marginalised<br />

position in society aggravates their ability to take<br />

violators of their rights to justice. This is the truer<br />

<strong>for</strong> women human rights defenders who have<br />

transgressed allegedly common rules by speaking<br />

out on rights and entitlements. Authorities can use<br />

their power in various ways such as withholding<br />

the registration of an organisation on basis of their<br />

areas of engagement, protracted lawsuits and<br />

outright harassment by security agents. Though the<br />

international system is built on the accountability<br />

and obligations of states towards their citizens, this<br />

is often difficult to be en<strong>for</strong>ced. The weakness of<br />

the international community in exerting pressures<br />

on state violators is often revealed in its lack of<br />

influence in so-called issues of national concern<br />

that are evoked by pointing to the sovereignty of<br />

a state. Within her report, SR Margaret Sekaggya<br />

specifically acknowledged the role of the State and<br />

the alarming incidents communicated in which state<br />

perpetrators appear to target women and minority<br />

rights defenders.<br />

In addition, defenders also experience violations<br />

from non-state actors. This term embraces a wide<br />

range of actors such as family and community,<br />

private corporations, media workers, armed groups,<br />

fundamentalist organisations and international<br />

financial institutions. Un<strong>for</strong>tunately, the current<br />

international legal system remains weak in its<br />

provisions on accountability of these actors and<br />

their actual en<strong>for</strong>cement. States’ obligation to<br />

protect its citizens and there<strong>for</strong>e also WHRDs is and<br />

can often not be fulfilled. Hence, the perpetrators<br />

often act with impunity. Radical political and/or<br />

33 Supra n.12 at paragraph 107, page 20. “The Special Rapporteur<br />

is concerned at the large number of violations which appear<br />

to be perpetrated by agents or representatives of the State,<br />

including police officers, military, Government officials and the<br />

judiciary. These violations reportedly include arrest, mistreatment,<br />

torture, criminalization, wrongful sentencing but also stigmatization,<br />

threats, death threas and killings.”<br />

religious <strong>for</strong>ces often infringe on civilians’ rights<br />

and establish a rule of law that deliberately limits<br />

basic freedoms of communities. Women are often<br />

targeted on basis of their sex and their communal<br />

role. Especially in situations of armed conflict and<br />

secession, non-state actors are among the main<br />

perpetrators of rights violations. Women are often<br />

attacked and humiliated based once again on<br />

their role as life-giver and symbol of communal<br />

honour. Women human rights defenders working<br />

in situations of armed conflicts face the increased<br />

challenge of being a defender and a woman and<br />

are thereby vulnerable to gender-specific attacks.<br />

Defenders are singled out <strong>for</strong> attacks to illustrate<br />

the risk of speaking out and thereby deter other<br />

community members from following their footsteps.<br />

However, if it is the immediate family or community<br />

that violates the rights of a woman human rights<br />

defender, accountability and redress become even<br />

more difficult by the inclusion of emotional and<br />

social dependencies. The negative effect of their<br />

human rights defence work on family and children<br />

and the negative attitude of spouses, may limit<br />

women’s willingness to speak out. Fear of rejection<br />

and being ostracised by the community may easily<br />

influence a defender’s outspokenness on a sensitive<br />

issue. Ordinarily, little alternative safe havens are<br />

available to a defender when having come under<br />

threat other than their own home. Acts of physical<br />

and sexual violence from within the family caused<br />

by a woman’s work as a defender will often be<br />

handled as a “domestic issue” by authorities with<br />

little or nothing done to persecute the perpetrators.<br />

It is because of these prevailing conditions, that<br />

improving accountability of non-state actors and the<br />

recognition of the rights of women human rights<br />

defenders to defend the rights of others remains a<br />

major challenge.<br />

Small steps towards change<br />

How else can a better protection of women human<br />

rights defenders be achieved There is surely no<br />

simple answer to this. However, from the above<br />

elaboration, it becomes clear that the approach will<br />

have to be multi-fold, addressing the root causes of<br />

continued discrimination which causes specific risks<br />

to WHRDs. This will have to aim at changing the<br />

ideology of perpetrators and create structures and<br />

institutions in society that are able to provide equal<br />

protection to all citizens regardless of sex. This is<br />

not done in an instant, and this article cannot claim<br />

to hold the solution to our society’s continuous<br />

inequalities.<br />

36<br />

<strong>Defending</strong> <strong>Human</strong> <strong>Rights</strong>: A <strong>Resource</strong> <strong>Book</strong> <strong>for</strong> <strong>Human</strong> <strong>Rights</strong> Defenders | 2nd Edition

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