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Defending Human Rights: A Resource Book for Human

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• To submit to governmental bodies and agencies<br />

and organizations concerned with public affairs<br />

criticism and proposals <strong>for</strong> improving their<br />

functioning and to draw attention to any aspect<br />

of their work that may impede the realization of<br />

human rights;<br />

• To make complaints about official policies and<br />

acts relating to human rights and to have such<br />

complaints reviewed;<br />

• To offer and provide professionally qualified<br />

legal assistance or other advice and assistance in<br />

defence of human rights;<br />

• To attend public hearings, proceedings and trials<br />

in order to assess their compliance with national<br />

law and international human rights obligations;<br />

• To unhindered access to and communication<br />

with non-govern-mental and intergovernmental<br />

organizations;<br />

• To benefit from an effective remedy;<br />

• To the lawful exercise of the occupation or<br />

profession of human rights defender;<br />

• To effective protection under national law in<br />

reacting against or opposing, through peaceful<br />

means, acts or omissions attributable to the State<br />

that result in violations of human rights;<br />

• To solicit, receive and utilize resources <strong>for</strong> the<br />

purpose of protecting human rights (including<br />

the receipt of funds from abroad).<br />

(E) Other comments<br />

The Declaration is seen by some critics as an<br />

unsatisfactory result, considering the time it has<br />

taken member states to agree on a text and the fact<br />

that it contains certain articles that still limit rights<br />

of defenders.<br />

This was the first mechanism to be created at<br />

the international level to protect human rights<br />

defenders in accordance with the rights enshrined<br />

in the Declaration. Ms. Hina Jilani, a noted human<br />

rights attorney from Pakistan, was appointed as<br />

the first Special Representative. The Commission<br />

on <strong>Human</strong> <strong>Rights</strong>’ successor body, the UN <strong>Human</strong><br />

<strong>Rights</strong> Council, decided to continue the mandate<br />

<strong>for</strong> consecutive periods of three years in 2008<br />

(resolution 7/8) and in 2011 (resolution 16/5). In<br />

March 2008, Mrs. Margaret Sekaggya, a Ugandan<br />

magistrate and <strong>for</strong>mer Chairperson of the Uganda<br />

<strong>Human</strong> <strong>Rights</strong> Commission, was appointed to<br />

the mandate, which at this point changed title to<br />

become Special Rapporteur on the situation of<br />

human rights defenders.<br />

The Special Rapporteur undertakes activities in<br />

complete independence of any State, is not a United<br />

Nations staff member and does not receive a salary.<br />

The Special Rapporteur’s mandate is to conduct the<br />

following main activities:<br />

• To seek, receive, examine and respond to<br />

in<strong>for</strong>mation on the situation of human rights<br />

defenders;<br />

• To establish cooperation and conduct dialogue<br />

with Governments and other interested actors<br />

on the promotion and effective implementation<br />

of the Declaration;<br />

• To recommend effective strategies better to<br />

protect human rights defenders and follow up<br />

on these recommendations;<br />

• To integrate a gender perspective throughout<br />

her work.<br />

The <strong>Human</strong> <strong>Rights</strong> Council urged all Governments<br />

to cooperate with the Special Rapporteur and to<br />

provide all in<strong>for</strong>mation requested. The Special<br />

Rapporteur is requested to submit annual reports to<br />

the Council and to the General Assembly.<br />

The Mandate of the United Nations<br />

Special Rapporteur on <strong>Human</strong> <strong>Rights</strong><br />

Defenders<br />

In 2000, less than two years after the adoption of<br />

the Declaration, the UN Commission on <strong>Human</strong><br />

<strong>Rights</strong> unanimously adopted resolution 2000/61<br />

that called on the Secretary General to appoint a<br />

Special Representative on human rights defenders.<br />

(A) A broad approach to implementation of<br />

the Declaration<br />

The Special Rapporteur’s <strong>for</strong>mal mandate is a<br />

very broad one, requiring the identification of<br />

strategies, priorities and activities to implement it.<br />

The “protection” of human rights defenders is the<br />

Special Rapporteur’s overriding concern. Protection<br />

is understood to include the protection of defenders<br />

4<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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