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English PDF - East and Horn of Africa Human Rights Defenders ...

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Conference Report: Resources <strong>and</strong> Proceedings 37The UN Declaration on <strong>Human</strong> <strong>Rights</strong> <strong>Defenders</strong>The UN Declaration on the Right <strong>and</strong> Responsibility <strong>of</strong> Individuals, Groups <strong>and</strong> Organs <strong>of</strong>Society to Promote <strong>and</strong> Protect Universally Recognized <strong>Human</strong> <strong>Rights</strong> <strong>and</strong> FundamentalFreedoms (commonly known as the “Declaration on <strong>Human</strong> <strong>Rights</strong> <strong>Defenders</strong>”) wasunanimously adopted by the General Assembly in 1998 after an elaborate lobbying <strong>and</strong>consultation process.By adopting the Declaration, member states recognized the plight <strong>of</strong> HRDs worldwide, the right<strong>of</strong> HRDs to defend human rights <strong>and</strong> the need for international cooperation in the protection <strong>of</strong>this right to defend human rights. The declaration reaffirms that individuals, groups, institutions<strong>and</strong> non-governmental organizations have an important role <strong>and</strong> a responsibility in contributing tothe promotion <strong>of</strong> the right <strong>of</strong> everyone to a social <strong>and</strong> international order in which the rights <strong>and</strong>freedoms set forth in the Universal Declaration <strong>of</strong> <strong>Human</strong> <strong>Rights</strong> <strong>and</strong> other human rightsinstruments can be fully realized. It articulates existing rights in a way that makes it easier toapply them to the practical role <strong>and</strong> situation <strong>of</strong> human rights defenders. It specifies how therights contained in the major human rights instruments apply to human rights defenders. Itfurthermore contains principles <strong>and</strong> rights based on human rights st<strong>and</strong>ards protected in otherinternational instruments, such as the right to freedom <strong>of</strong> expression, association <strong>and</strong> assembly,<strong>and</strong> the right to freedom <strong>of</strong> movement.The Declaration outlines some specific duties <strong>of</strong> States <strong>and</strong> the responsibilities <strong>of</strong> everyone withregard to defending human rights. Article 2 states that each State shall adopt such legislative,administrative <strong>and</strong> other steps as may be necessary to ensure that the rights <strong>and</strong> freedoms referredto in the present Declaration are effectively guaranteed. Article 11 makes special reference to theresponsibilities <strong>of</strong> persons exercising pr<strong>of</strong>essions that can affect the human rights <strong>of</strong> others, <strong>and</strong> isespecially relevant for police <strong>of</strong>ficers, lawyers, judges, etc.Articles 1, 5, 6, 7, 8, 9, 11, 12 <strong>and</strong> 13 <strong>of</strong> the Declaration provide specific protections to humanrights defenders, among others the rights to o seek the protection <strong>and</strong> realization <strong>of</strong> human rightsat the national <strong>and</strong> international levels; to conduct human rights work individually <strong>and</strong> inassociation with others; to form associations <strong>and</strong> non-governmental organizations; to meet orassemble peacefully; to seek, obtain, receive <strong>and</strong> hold information relating to human rights.The UN Special Representative on <strong>Human</strong> <strong>Rights</strong> <strong>Defenders</strong>In 2000, the UN Commission on <strong>Human</strong> <strong>Rights</strong> adopted resolution 2000/61 calling on theSecretary-General to appoint a Special Representative on human rights defenders 14 . This was thefirst mechanism to be created at the international level to protect human rights defenders inaccordance with the rights enshrined in the Declaration. Ms. Hina Jilani, a noted human rightsattorney from Pakistan, was appointed as the first Special Representative.The Special Representative undertakes activities in complete independence <strong>of</strong> any State, is not aUnited Nations staff member <strong>and</strong> does not receive a salary. The Special Representative’s m<strong>and</strong>ateis to seek, receive, examine <strong>and</strong> respond to information on human rights defenders, promoting theimplementation <strong>of</strong> the Declaration by establishing cooperation <strong>and</strong> conduct dialogue with14Contact details <strong>of</strong> the Special Representative for submissions or correspondence can be found in theresource section <strong>of</strong> this report.

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