| UNIVERSITY OF PENNSYLVANIA - AFRICAN STUDIES CENTER |
UN: Human Rights Defenders
Date Distributed (ymd): 970123
Document reposted by APIC
Protection for Human Rights Defenders Needs Defense
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Further background information on the Human Rights Defenders
Declaration is being posted on HRI's Web Site:
http://www.hri.ca/uninfo/hrbodies/defender.htm
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>
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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!
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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
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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
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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
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From: apic@igc.org Message-Id: <199701240326.TAA15973@igc3.igc.apc.org> Date: Thu, 23 Jan 1997 22:21:43 -0500 Subject: UN: Human Rights Defenders
Editor: Ali B. Ali-Dinar
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