February 19, 2014

Dear colleagues,

For reference.

On March 11, 2014, in its latest report a-hrc-25-55_en, Margaret Sekaggya, the UN Special Rapporteur on Human Rights Defenders, focused on “increasingly dangerous activity in many parts of the world” of the human rights defenders. The report also “shed light on the threats and obstacles encountered by human rights defenders, and identify actions and protection strategies for the UN, States, national human rights institutions and civil society to contribute to a safe and enabling environment for them.”

On October 2013, we have submitted information in a form of communication to the OHCHR, regarding this as part of the Action, EIDHR 2013/325-656.

Written below, the submission of information by MAG which evolves around “creating a safe and enabling environment for human rights defenders”, theme of the latest report of the UN Special Rapporteur on Human Rights Defenders.
Thank you.

-Jerbert

addressed to the UN Special Rapporteur on Human Rights Defenders

“MAG welcomes the focus of your next report. The obligation to create and maintain a safe and enabling environment is primarily an obligation of States and is essential to ensuring that all human rights defenders can safely and effectively undertake their human rights work. In this regard, MAG considers that the report could offer significant and realistic recommendations to States and other actors in providing support for and ensuring protection of all human rights defenders.

As stated in your report to the 16th session of the Human Rights Council (HRC) that “the Special Rapporteur remains seriously concerned regarding the persistent challenges faced by human rights defenders in the Philippines.” Since the 2nd cycle Universal Periodic Review (UPR) session for the Philippines in June 2012, the threats and intimidation against human rights defenders remains unchanged. They particularly find themselves increasingly becomes subject to violations of their own rights by exposing human rights violations and abuses by security forces and non-state actors.

In our submission of the Joint Civil Society Report for the last UPR session for the Philippines, we have pointed out the continuing intimidation and harassment of human rights defenders working in health organizations and health personnel in the documentation of alleged victims of torture including provision of support services. As this causes delays in the initial reporting of torture (and ill-treatment), delays in the location and evidence taking from witnesses and it negatively affects the independence of health professions resulting in inadequate report and examination on the alleged torture victims. Police officials are often present during physical and medical examinations, and in some cases supervise the work of medical doctor. Pressure upon medical doctors includes threats, intimidation or filing of false criminal charges against them and more subtle risks of professional/career consequences.

What elements constitute a safe and enabling environment for human rights defenders?

A key component in engendering this approach is the protection of human rights defenders in national laws and policies by adoption of necessary procedures, regulations and practices to ensure that all human rights defenders are able to carry out their human rights work free from threats and persecution. This is particularly regarding human rights defenders working in health organization and health personnel through ensuring a prompt, thorough, impartial and independent medical examination on persons who allege or otherwise show indications of having been tortured or ill-treated. These include but are not limited to: ensuring adequate protection of health professionals documenting torture and ill-treatment from intimidation and other forms of reprisals; and ensuring that health professionals are able to examine victims independently and to maintain the confidentiality of medical records.

Impunity for human rights violations cases is a multifaceted problem occurring at the national level, finds it root causes in a diverse set of deficiencies that can be traced to dysfunction of redress mechanisms within the executive, legislative and judiciary levels. On top of the protection of all human rights defenders by States that must be reflected in the national laws, it is essential to have access to information freely and safely for use in their work and for the pursuit of justice. The work of human rights defenders backed up by information and data will enhance the impact of their advocacy at all levels and strengthen their ability to lobby for legal reforms important for their protection and for their human rights work. Likewise, the soundness of the information and data will enable to enhance the monitoring capacity of human rights monitoring mechanisms like the HRC, UPR, Committee Against Torture etc.

The government should conduct a time-bound and national information dissemination and education campaign regarding the situation and work of human rights defenders. This is in response to the threats and harassment received and experienced by all human rights defenders variously described as “vilification”, “labelling”, or guilt by association. Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions Mr. Philip Alston following his visit to the Philippines (A/HRC/11/2/Add.8)on 12-21 February 2007, noted in his report to the HRC in March 2007, “it involves the characterization of most groups on the left of the political spectrum as “front organizations” for armed groups whose aim is to destroy democracy. The result is that a wide range of groups – including human rights advocates, labour union organizers, journalists, teachers unions, women’s groups, indigenous organizations, religious groups, student groups, agrarian reform advocates, and others – are classified as “fronts” and then as “enemies of the State” that are accordingly considered to be legitimate targets. xxxxxx is the extent to which aspects of the Government’s counter-insurgency strategy encourage or facilitate the extrajudicial killings of activists and other ‘enemies’ in certain circumstances.”

What can States and other actors do to ensure these elements are in place, thereby facilitating an enabling environment for defenders?

Based on the elements of a safe and enabling environment outlined above, MAG submits and recommends that the Special Rapporteur’s report should include the following recommendations directed at the States and other actors:

a. Enact enabling legislation which recognizes the role of human rights defenders and guarantees their rights as contained in the UN Declaration of Human Rights Defenders.

b. Ensure that all human rights defenders are protected from any intimidation or violence as a result of their activities.

c. Conduct full, independent and impartial investigation into the allegations of torture, violence and all forms of intimidation of human rights defenders by security forces and private parties, and bring those responsible to justice.

d. Publicly review the content, methodology and application of all curricula and training modules for the security sector and include specific focus on the work and protection of all human rights defenders.

e. Ensure that medical personnel are not subject to police intimidation and are able to examine victims independently of the police and to
maintain the confidentiality of medical reports, and meet the standards required by national laws to initiate a prosecution.

f. Strengthen the mechanisms for the protection of the complainants against alleged perpetrators of human rights violations and the witnesses against any kind of intimidation or ill-treatment.

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