protection mechanisms for hrds-ruki-kuala lumpur-26april2015

8/21/2019 Protection Mechanisms for HRDs-Ruki-Kuala Lumpur-26April2015

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Protection Mechanisms for HRDs

Do they work?

Ruki FernandoINFORM Human Rights Documentation Centre

2th !"ri# 2$%&'ua#a (um"ur


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BASIC CONCEPTS

People who, individually or with others, act to promote

or protect human rights.

Identified on “what they do” and “how” they do it

Recognition of universality

NGO worers ! "eachers ! #ournalists ! $awyers

Paid

Non paid ! volunteers

People who do actions on the spot to protect human

rights

%ho are &uman Rights 'efenders (&R's)*


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• Could be working at local, national, regional,

international level or combination

• Could be focusing on particular type of rights or

working more broadly

BASIC CONCEPTS


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%here are &R's rights written down*

+. 'omestic $aws (onstitution, -ill of rights etc.)

. /arious 0N ovenants, 'eclarations etc.

1. "he 0N 'eclaration on &R's

STANDARDS RELATED TO HRDs


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Protection

Mechanisms forHRDs


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"hin of a threat ! intimidation you or a &R' (or

group) faced

%hat steps did you ! he ! she ! they tae*

– 2efore ! after

– %ho did you contact* %hat did u as*

– %hat did they do, refuse to do*


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%hat are domestic mechanisms*

Police

ourts

National &uman Rights Institutions

Other statutory -odies

1. DOMESTICA MECHANISMS


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0N 3echanisms

In country 0N offices 4 O&&R, other 0N offices

"reaty -odies 4 individual complaints 4 specially &uman Rights

ommittee

&uman Rights ouncil

5pecial Procedures

• 5pecial Rapportuer on &uman Rights 'efenders

• Others

• 6reedom of 7ssem-ly 8 7ssociation

• 6reedom of 9:pression 8 Opinion

• %G on 'isappearances

UN MECHAN!M!


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7frica

5pecial Rapporteur on &R's of the 7frican ommission on &uman andPeoples; Rights

7mericas

"he special &R's 0nit within the Inter


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$ocal ! national NGOs and networs

- 9:amples and their role*

Regional 8 International

– 9:amples 8 their role*

N'(s ) C*+ !(CE-


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Some Regional & Intl NGOs

9:amples

-6rontline

-Protection Intl.

-I5&R

-

O-servatory (O3"


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NGOs – are there specialized NGOsfocusing on some HRDs?

% .ournalists /M+0, C1., 2., $!2, M!3

% 4omen H$0s

% +'56 H$0s% !cholars

% 0octors

% +awyers% .udges

% Clergy

Can also ask professional bodies


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Roles played y national !regional ! international NGOs

Roles

-0rgent 7ppeals

-Pu-lic statements

-'ocumentation 4 special 8 annual reports

-$onger term advocacy

-6unding support in emergencies

-Relocation

-"raining

-Pu-lications-onnecting to resources 4 other NGOs, 0N, diplomats, media,

universities

Roles vary from NGO to NGO < important to identify in

advance what each NGO can do and can;t do


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4hat countries have special focus on H$0s in othercountries7

European Union 'uidelines

Norwegian 'uidelines

!wit8erland 9 !wiss guidelines

U!A 'uidelines for N'(s

!ometimes others also 9 e#g# Canada, reland

5. orei!n Co"ntries


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- 3onitor situation of &R's

- /isit &R's in their areas of wor ! houses ! offices

- Invite &R's to em-assies

- 7ttend events -y &R's ! organi>e events for &R's

-

Organi>e felicitations for &R's- /isit prison if &R's are detained

- /isit court cases where &R's are tried 4 and where

perpetrators of violations against &R's are tried

-

Provide safe houses- Provide safe accompaniment (-ody guards)

- Provide funding for &R's protection 4 case -y case

or pro?ects

Ro#es forei!n co"ntries can $#a% & inco"ntr%


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-Raise individual cases with government

-Issue pu-lic statements

-'emarches

Ro#es forei!n co"ntries can $#a% & inco"ntr%


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- 5pecial visas (may-e issued locally 4 -ut often

re@uire approval from capital of issuing country)

-

5tatements from capital 4 including -y President- Raising individual cases 4 general trends during

visits -y our government leaders

- 5tatements in multi lateral forums 4 e.g. 0N &R

-5upport to international mechanisms 4 e.g. 0N 5Ron &R's

- 6unding for &R's at international level

Ro#es forei!n co"ntries can $#a% &internationa##%


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Protection Mechanisms for HRDs )

do they work?*hey ha+e , wi## work sometimes -not a## the time.

*hey ha+e , wi## work to some e/tent -not fu##y.

*hey ha+e , wi## work for some HRDs

-some may e+en worsen threats for some0.

1ut they on#y work if we make them work

Not automatic0

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