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UN: Human Rights Defenders
UN: Human Rights Defenders
Date Distributed (ymd): 970123
Document reposted by APIC
Protection for Human Rights Defenders Needs
Defense
Further background information on the Human Rights Defenders
Declaration is being posted on HRI's Web Site:
http://www.hri.ca/uninfo/hrbodies/defender.shtml
Should you have any questions or wish to discuss aspects of
this initiative, feel free to contact:
Laurie S. Wiseberg, Executive Director
Human Rights Internet, 8 York St, Suite 302
Ottawa, Ontario K1S 0W1, Canada
Tel (1-613) 789-7407; Fax (1-613) 789-7414
E-mail: <hri@hri.ca> or <laurie@hri.ca>
DEFEND YOUR RIGHT TO DEFEND HUMAN RIGHTS
Dear Friends
We have an urgent matter to bring to your attention that
requires immediate action. Below is background information on
the UN Draft Declaration on Human Rights Defenders, which is
under negotiation in Geneva. Please consider whether you
and/or your organization can sign the attached joint NGO
statement on the Declaration and send your responses as soon
as possible.
Thank you for your attention!
Did you know...
- that governments are drafting a Declaration to Protect the
Rights of Human Rights Defenders at the United Nations?
- that negotiations are being held hostage by some
governments' proposals to erode existing standards which
recognize rights to free speech, assembly, access to
information, etc. that are necessary to promote and protect
human rights?
- that the Human Rights Defenders Declaration UN Working Group
will be meeting February 24-28 in Geneva?
- that there is a danger of the Working Group being abandoned
due to lack of progress, or worse, that the Declaration will
approve unacceptable restrictions on human rights advocacy?
- that there is urgent need to for you to speak up now by
contacting us, your government and other UN delegates?
DO NOT DELAY! JOIN US AND DEFEND YOUR RIGHT TO DEFEND
HUMAN RIGHTS!
OVERVIEW
In 1985, the UN Commission on Human Rights established a
committee, called a "working group", to draft a UN Declaration
on the Right and Responsibility of Individuals, Groups, and
Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms. The Working
Group, composed of government representatives, is also open to
participation by all interested NGOs. So far, it has almost
agreed on the text of a declaration. Yet several of the most
critical rights for human rights defenders remain unresolved.
It seemed that the Declaration would be completed in 1992, but
a few governments obstructed its completion by proposing
measures that would restrict the rights of human rights
defenders rather than protect them. The Working Group normally
operates by consensus rather than voting; one country or a
handful can block the whole process. At present, the Working
Group has not yet reached final agreement on the following
issues:
- Some governments are insisting on including language that
would require human rights defenders to carry out their work
in conformity with national laws and regulations. In
countries where national laws and regulations do not protect
rights to free speech, association, movement, etc., such an
agreement in a UN text would be very dangerous. In many
countries, national laws fall short of international
standards. Language affirming that international law is the
framework is essential.
- Many delegations have challenged language guaranteeing the
right of defenders "individually and in association with
others, to solicit, receive and utilize voluntary financial
or other contributions, for the purpose of promoting and
protecting, through peaceful means, human rights and
fundamental freedoms". At issue is whether the Declaration
should spell this out specifically or not. For many NGOs,
this is a critical issue. To do a professional job, NGOs
need the freedom to organize and fund their activities. For
certain governments, this is one of the most controversial
issues and it will be difficult for it to emerge as part of
the final draft.
- Other unresolved issues include whether groups have the
right to defend the rights of others as well as one's own
(troubling proposals state that one should only be allowed
to advocate on behalf of one's own rights), the right to
defend those who cannot appoint a representative (such as
the "disappeared" or minor children), and the right to
advocate outside of one's own country.
RESULTS FROM THE 1996 WORKING GROUP SESSION
Because of a stalemate at the week-long 1996 meeting of the
working group, a recommendation was adopted by consensus for
the Chairman-Rapporteur, Jan Helgesen of Norway, to develop an
entirely new, consolidated text. Many delegates to the
Working Group supported this because opposing countries were
inserting ever-increasing and redundant restrictions into the
text.
Some of the governments which have been most supportive of a
strong Declaration are considering abandoning it at this point
due to lack of progress. Small participation by NGOs in the
effort gives them the impression that the Declaration is not
important to NGOs, the groups it would protect. For this
reason, we believe that it is essential for NGOs throughout
the world to make their voices heard on this matter before it
is too late.
WE ENCOURAGE YOU TO:
- Send a message to governments, including your own, stating:
(1) that they should work for the strongest possible draft
that would protect all human rights defenders and groups;
(2) that they should make sure there are no restrictions on
human rights advocacy; and
(3) that they should not abandon this effort. (Send them a
message by e-mail, letter or fax, preferably to their UN
mission in Geneva. Selected contact information is at the
end of this document).
- Sign on to a joint NGO statement sponsored by the
International Human Rights Council at The Carter Center,
Human Rights Internet and the Jacob Blaustein Institute for
the Advancement of Human Rights. (The text of the statement
is below.)
- Send a message to Jan Helgesen, Chairman-Rapporteur of the
Defenders Declaration Working Group concerning your views on
the Declaration at: Faculty of Law, University of Oslo, Karl
Johans Street 47 N-0162 OSLO, NORWAY; Fax. (47-22) 859-620
JOINT NGO STATEMENT
ON HUMAN RIGHTS DEFENDERS DECLARATION
We, the undersigned, appeal to member states of the United
Nations engaged in negotiations on the Draft Declaration on
the Right and Responsibility of Individuals, Groups, and
Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms to work
toward completing a strong declaration, as soon as possible.
Given the importance and precarious nature of the work
conducted by human rights defenders at all levels, it is
essential that this Declaration affirm the vital role of human
rights advocates and their right to promote and protect human
rights at home and abroad.
We believe that stronger efforts must be made to reach an
acceptable text and that this effort must not be abandoned.
Governments should insist on the inclusion in the Declaration
of the following rights of human rights defenders that are
still under discussion. These are core rights which already
exist in other international agreements in other forms and
they must be upheld:
- the right to advocate human rights ideas freely and openly
and to communicate them to others;
- the right to participate in non-violent activities aimed at
promoting observance of human rights;
- the right to use the law and state institutions in the
defense of human rights, and to appeal to them when the
victims cannot do so for themselves;
- the right to form, join or affiliate with national, regional
or international human rights organizations;
- the right to receive and publish information at home and
abroad;
- the right to obtain and utilize the resources necessary for
human rights defense;
- the right to communicate with national and international
NGOs on human rights issues and to have access to
intergovernmental organizations;
- the right to defend human rights in a manner consistent with
international standards, without being constrained by national
laws and regulations that fall short of international
standards.
- the right to defend the rights of others as well as one's
own.
It is our view that compromise on any of these principles
would erode rights that are already guaranteed to defenders by
existing international human rights instruments. We cannot
accept such an outcome. We are counting on the commitment of
justice-minded governments to support the above as a minimal
negotiating position and to bring the Declaration to a
successful speedy conclusion.
Signed,
Name:
Organization:
Address:
Phone:
Fax:
E-mail:
Comments:
Send above to Human Rights Internet at:
advocacy@humanrights-hri.org
SELECTED CONTACT INFORMATION FOR
UN MISSIONS IN GENEVA
Phone and Fax numbers for States that are members of
the 1997 Session of the Commission on Human Rights:
Dial 41-22 for Geneva, unless State does not have
mission in Geneva, in which case country and city
codes will appear before phone and fax numbers.
AFRICAN STATES
Algeria: Phone 774 19 85 - 774 19 86; Fax 774 30 49
Angola: Phone 348 40 50; Fax 348 40 46
Benin: Phone (0032 2) 374 91 92 - 375 06 74; Fax (0032 2) 375
83 26
Cape Verde: Phone (0049 228) 26 50 02; Fax (0049 228) 26 50 61
Egypt: Phone 731 65 30 - 731 65 39 - 731 26 38; Fax 738 44 15
Ethiopia: Phone 733 07 50 - 733 07 58 - 733 07 59; Fax 740 11
29
Gabon: Phone 345 80 01 - 345 72 17; Fax 340 23 09
Guinea: Phone (001 212) 687 8115 - 687 8116 - 687 8117; Fax
(001 212) 687 8248
Madagascar: Phone 740 16 50 - 740 27 14; Fax 740 16 16
Mali: Phone (0049 228) 35 70 48; Fax (0049 228) 36 19 22
Mozambique: Phone 347 90 46; Fax 347 90 45
South Africa: Phone 849 54 54; Fax 849 54 32
Uganda: Phone (0032 2) 762 58 25; Fax (0032 2) 763 04 38
Zaire: Phone 740 22 85; Fax 740 37 44
Zimbabwe: Phone 758 30 11 - 758 30 13 - 758 30 26; Fax 758 30
44
ASIAN STATES
Bangladesh: Phone 732 59 40 - 732 59 49; Fax 738 46 16
Bhutan: Phone 798 79 71; Fax 788 25 93
China: Phone 792 25 48 - 792 25 43 - 793 35 91 - 792 25 37
(HR); Fax 793 70 14
India: Phone 732 08 59; Fax 731 54 71 - 738 45 48
Indonesia: Phone 345 33 50 - 345 33 57 - 345 33 58 - 345 33
59; Fax 345 57 33
Japan: Phone 717 31 11; Fax 788 38 11
Korea: Phone 791 01 11; Fax 788 62 49
Malaysia: Phone 788 15 05 - 788 15 09 - 788 15 23; Fax 788 04
92
Nepal: Phone 344 44 41 - 345 29 34; Fax 344 40 93
Pakistan: Phone 734 77 60; Fax 734 80 85
Philippines: Phone 731 83 20 - 731 83 29; Fax 731 68 88
Sri Lanka: Phone 734 93 40 - 734 93 49 - 734 98 50; Fax 734 90
84
EASTERN EUROPEAN STATES
Belarus: Phone 734 38 44; Fax 734 38 44
Bulgaria: Phone 798 03 00 - 798 03 01; Fax 798 03 02
Czech Republic: Phone 740 38 88 - 740 36 68 - 740 36 61; Fax
740 36 62
Russia: Phone 733 18 70 - 734 66 30 - 734 46 18; Fax PPhone
734 40 44
Ukraine: Phone 740 32 70; Fax 734 38 01
LATIN AMERICAN STATES
Argentina: Phone 798 19 52; Fax 798 59 95 - 798 19 92
Brazil: Phone 929 09 00; Fax 788 25 05
Chile: Phone 734 51 30; Fax 734 41 94
Colombia: Phone 798 45 54 - 798 45 55; Fax 791 07 87
Cuba: Phone 758 23 26; Fax 758 23 77
Dominican Republic: Phone 731 30 79; Fax 741 05 90
Ecuador: Phone 731 48 79 - 731 52 89; Fax 738 26 76
El Salvador: Phone 732 70 36 - 732 75 77; Fax 738 47 44
Mexico: Phone 733 88 50; Fax 733 48 10
Nicaragua: Phone 736 66 44 - 736 67 07; Fax 736 60 12
Uruguay: Phone 732 83 66 Fax 731 56 50
WESTERN STATES
Austria: Phone 733 77 50; Fax 734 45 91
Canada: Phone 919 92 00; Fax 919 92 23
Denmark: Phone 73371 50; Fax 733 29 17
France: Phone 734 30 30; Fax 734 31 94
Germany: Phone 730 11 11; Fax 734 30 43 - 730 12 95
Ireland: Phone 732 85 50; Fax 732 81 06 - 731 43 65
Italy: Phone 918 08 10; Fax 734 67 02 - 733 07 83
Netherlands: Phone 797 50 30; Fax 797 51 29
United Kingdom: Phone 918 23 00; Fax 918 23 33 - 918 24 44
USA: Phone 749 41 11; Fax 749 48 80
This material is being reposted for wider distribution by the
Africa Policy Information Center (APIC), the educational
affiliate of the Washington Office on Africa. APIC's primary
objective is to widen the policy debate in the United States
around African issues and the U.S. role in Africa, by
concentrating on providing accessible policy-relevant
information and analysis usable by a wide range of groups and
individuals.
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