– The environment in which human rights defenders operate is becoming more and more hostile, limiting the space for negotiation. Those who stand up for human rights often pay high price for their courage, said Musa Gassama, Deputy Director and Manager of the Human Rights Defenders Office in Geneva, at the HRH Anniversary conference opening today in Oslo. (13-OCT-04)

Musa_Gassama_02_300px.jpgRead the speech below

International conference on the protection of human rights defenders hosted
by the Human Rights House Network on 13-14 October 2004 in Oslo

The title of the conference: Activists under attack: Defending the right to be a human rights defender

Topic: Status report on the situation of human rights defenders worldwide: Analysis of trends.

Presentation by Musa Yerro Gassama, Deputy Director and Manager of the Human Rights Defenders Office of the International Service for Human Rights (ISHR)


The term ‘ human rights defenders’ is used here
Ø To capture the meaning attached to terms like human rights activists, human rights workers, human rights militants, social and peace activists and
Ø To refer to individuals or groups working to promote and protect the universally recognized human rights and fundamental freedoms.

The adoption of the UN Declaration on human rights defenders in 1998 was a milestone, since it  confirmed international recognition of the plight of human rights defenders worldwide. The Declaration represents international cooperation to protect the rights of human rights defenders worldwide.

However, despite the protection afforded by the Declaration, the situation of human rights defenders is not better all.

The environment in which human rights defenders operate is becoming more and more hostile, limiting the space for negotiation. Those who stand up for human rights often pay high price for their courage. The work puts them in positions of great personal and professional risk, including risk to their family members, friends and associates.

I would like to mention few instances to highlight the general trend and situation of human rights defenders with the hope that the testimonies to follow later will provide the individual cases of defenders and their actual situation.

The situation of defenders is being increasingly difficult as a result of the following trends and developments:

In any parts of the world, there is an increase use of the law, the courts and local public platforms as a means to deter human rights defenders from carrying out their activities and to sanction their work. The following trends need to be mentioned:
Ø The use of restrictive legislation, especially security legislation erodes human rights standards and practice especially in the context of shifting priorities towards the war on terrorism and the violent means to resolve local and regional conflicts.
Ø The use of the courts to criminalize human rights defenders based on bogus charges.
Ø The use of public platforms to humiliate, defame and demoralize human rights, calling defenders al sorts of names to delegitimize their work.
Ø Constant surveillance and monitoring of the work of human rights defenders by security agents.
Ø The low or lack public reaction to these developments poses not only a threat to human rights but also deprive human rights defenders from relying upon public sympathy and support.
Ø The use of legislation to deregister independent minded human rights defenders while increasing the growth of ‘GONGOs’ who would counter any strong or critical statement from the NGOs.
Ø The use of legislation to weaken independent minded national human rights institutions.

A difficulty most human rights defenders face in some regions like the African region is that most NGOs that have observer status with the regional body, do not have any legal status back home and therefore while they operate legally at regional level, they are criminals back home. Some face deregistration, some never get that legal status while others are denied existence because strict regulations regarding receiving funding from outside the country. 

The proliferation of ‘GONGOs’ within the civil society environment creates an unhealthy situation for human rights work. Local Human Rights Defenders in many countries in the developing world are, to a certain extent, isolated from each, making them more vulnerable to government infiltration and persecution. Furthermore, local Human Rights Defenders working in the same environment and facing the same challenges usually work in isolation and sometimes entertain competition and rivalry, and this unfortunate reality also increases their own vulnerability

National human rights institutions play vital role in promoting national human rights agenda, protecting and supporting civil society, they are, however, being increasingly attacked both by governments and civil society in many parts of the world. Most intolerant governments and so-called democratic states created such institutions for mere rhetoric purposes. Instead of encouraging them to take protection work seriously, such governments consider independent minded national institutions as saboteurs of national interest. NGOs, on the other hand, consider national institutions that have chosen to toe the government line as mere stooges and puppets and therefore dangerous to work with.

Real capacity, including lack of technological know how remain a serious impediment to the work of Human Rights Defenders and their own protection. Due to lack of skills and knowledge on information security techniques, NGOs that rely on public cyber-cafes expose themselves to very government security agents who trace emails sent out by local activists. Such human rights defenders are often considered by intolerant governments as enemies holding and disseminating state secrets.

These developments pose great challenge for the important task of promoting and protecting the work and safety of human rights defenders.

The world over, against all odds, Women Human Rights Defenders work tirelessly for the protection and promotion of human rights.  Yet, Women Human Rights Defenders have got little attention in the human rights arena and face gender-specific risks and vulnerabilities in addition to those faced by all human rights defenders. They are confronted by difficult challenges when they work in male dominated environments, are often stigmatized and sometimes become victims of gender specific violations that need to be addressed.

Women Human Rights Defenders also face heightened risks and vulnerabilities because of their work on women-specific rights/issues that frequently challenge cultural stereotypes and religion. Such challenging of cultural and religious norms can raise high levels of hostility, more so because women are considered markers of culture and religion. All of these problems require strategies to be gender specific rather than gender neutral.

Human Rights Defenders are targeted by governments and non-state actors because of the nature of their work, and often face harassment from State authorities and in conflict zones, from armed groups. In developing their work in the context of internal armed conflict, impunity, or promoting economic, cultural and social rights, Human Rights Defenders challenge strongly vested interests, powerful religious, political, military and economic elites.

Human Rights Defenders are particularly more vulnerable to violations during the publicizing of human rights concerns, peaceful demonstrations, participation in conferences and meetings, and during electoral periods.  In particular, defenders have been targeted at the time of the publication of reports, articles, petitions, open letters, radio broadcasts, public statements and campaigns denouncing human rights violations, criticizing the Government and State authorities for policies and practices not in compliance with internationally recognized human rights standards.

Human rights defenders, who report on the human rights situation inside their countries to the outside world, in particular to special procedures, provide an invaluable source of information.  Where they remain silent for fear of retaliation, it becomes difficult, if not impossible, to assess their situation.  Unfortunately, there are cases of defenders who were arrested, detained, interrogated or generally persecuted after having cooperated with the special procedures of the UN Commission on Human Rights and the African Commission on Human and Peoples Rights.

Whereas NGO members and professionals remain the largest categories of defenders targeted, civil servants working as judges, ombudspersons, prosecutors and members of ministries, and in parliaments and national human rights institutions are increasingly targeted for their work in the defence of human rights, in particular in connection with the enforcement of the rule of law.

There is an increasing targeting of international humanitarian workers, particularly in the context of ongoing and post-conflict situations.  There are numerous cases in which humanitarian workers from United Nations agencies and international relief agencies as well as peace activists, have been targeted and killed by the military, armed rebel groups and terrorist groups. 

Though in most instances human rights defenders have been targeted as activists in connection with their efforts to uphold general human rights norms, many have also been targeted in relation to their work on a number of specific human rights concerns, including: 
· Defenders being targeted in connection with their work on women’s rights
· Defenders working on strengthening the rule of law and against impunity
· Defenders targeted in connection with their activities in the fight against torture and inhumane treatment
· Defenders targeted in relation to their work on minority rights, in particular in the context of the right to self-determination. 
· Defenders working on democratic rights
· Defenders targeted in connection with their work on indigenous and land rights
· Defenders targeted for their activities in favour of labour rights.

Consequently, human rights defenders face denial of freedom of movement, suspension from employment, torture, as well as extra-judicial killings and ‘disappearances’. Unknown individuals, military and paramilitary forces, and private actors continue to be frequent perpetrators of violations.

Violations of the right to physical integrity and the use of civil and criminal prosecutions are increasing, while impunity for all violations remains very widespread.  Many Human Rights Defenders have had to flee their countries to escape repression and/or persecution, revealing the extreme nature of the harassment and discrimination they face.
Government persecution of Human Rights Defenders is a violation of the most fundamental human rights, including the right to freedom of expression and opinion; the right to a fair trial; the right to freedom from arbitrary arrest and torture; and the right to life. Numerous attempts to silence Human Rights Defenders or prevent them from carrying out their work constitute a major obstacle in the struggle to ensure respect for human rights and human dignity.
The difficult situation of human rights defenders is basically a reflection of the human rights situation worldwide. The timing, number and type of violations being committed against human rights defenders, in practice, reflect severe challenges to the actual implementation and legal applicability of international human rights standards for all persons. 

Despite the varying efforts of many regional and international stakeholders, the existing international and regional special protection mechanisms are very much under-utilized. The national and international efforts to provide mechanisms for protection of the rights and work of human rights defenders should be understood as all political, legal and practical efforts that improve the environment in which Human Rights Defenders operate. Experience has shown that the most effective protection measures are those that have collective implications and are driven by political will. Durable solutions rest on the political will of stakeholders and competent authorities at all levels. While the political environment at international and regional levels seems easing and opening wide for Human Rights Defenders, at local level, the situation remains very much the same.

The emphasis on the States as the sole duty-bearers no longer reflects the reality. On the one hand there are numerous non-states actors, including armed groups controlling large parts of a national territory are responsible for unimaginable violation of rights of human rights defenders and who must also account for their actions of omissions. On the other hand in the era of globalisation, states are having lesser control of the political space, in particular in the developing world. Holding states alone accountable without looking at the global picture becomes part of the problem. This is far from exonerating States from fulfilling their treaty obligations. They should not take in pressure from multinationals that would like to see governments cracking down on human rights defenders who campaign against destruction of their environment for mere commercial reasons.

The international community and the donor community too, must uphold high human rights standards in all human development efforts and use the level of national protection afforded to those defending human rights as some development indicators.

The various reports of the Special Representative on Human Rights Defenders present the most authoritative accounts of the status report on the situation of human rights defenders worldwide. I recommend these reports to this conference not only for the details of this presentation but also so as to take note of the deeper analysis of the situation and the various recommendations in the reports.   

Though the changing global context challenges NGOs in many respects, it also opens a world of opportunities and possibilities for international NGOs and local NGOs in the  ‘North’ and in the ‘South’ to relate to each other through alliances and networks.

Equipping Human Rights Defenders with the skills to better access and use the local, regional and international protection mechanisms, will enhance their personal safety and protect their work. 

The International Service for Human Rights (ISHR), in collaboration with partners, will continue to be fully committed to using its resources, experience and expertise to ensure that those who defend human rights can do so openly and fully, without fear of being imprisoned, harassed, tortured or killed. Our mission is to enhance the protection of Human Rights Defenders and their work world-wide, by developing appropriate preventive initiatives, promoting the development and effective implementation of regional and universal protection mechanisms and empowering the full and active participation of human rights defenders and their organisations in advancing a culture of full respect for human rights.

On behalf of the International Service for Human Rights, I would like to thank the Human Rights House Network for giving us this opportunity, another opportunity to network and collaborate with others in this field in order to achieve our common goals.