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Resolution 2225 (2018)
Protecting human rights defenders in Council of Europe member States
1. The Parliamentary Assembly recalls
its Resolutions 1660
(2009) and 1891
(2012) on the situation of human rights defenders in
Council of Europe member states and its Resolution 2095 (2016) and Recommendation 2085 (2016) on
strengthening the role and protection of human rights defenders
in Council of Europe member States. It pays tribute to the invaluable
work of human rights defenders for the protection and promotion
of human rights and fundamental freedoms. Human rights defenders
are “those who work for the rights of others” – individuals or groups
who act, in a peaceful and legal way, to promote and protect human rights,
whether they be lawyers, journalists, members of non-governmental
organisations (NGOs) or others.
2. Nearly 20 years ago, on 9 December 1998, the General Assembly
of the United Nations adopted the Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognised Human Rights and Fundamental Freedoms (United
Nations Declaration on Human Rights Defenders). Moreover, on 6 February
2008, the Committee of Ministers adopted its Declaration on Council
of Europe action to improve the protection of human rights defenders
and promote their activities. Both documents reaffirm that the responsibility
for promoting and protecting human rights defenders lies first and
foremost with States.
3. The Assembly notes that in the majority of Council of Europe
member States, human rights defenders are free to work in an environment
conducive to the development of their activities. Nevertheless,
it notes that over the past few years the number of reprisals against
human rights defenders has been on the rise. New restrictive laws
on NGO registration and funding have been adopted. Many human rights
defenders have been subject to judicial, administrative or tax harassment,
smear campaigns and criminal investigations launched on dubious
charges, often related to alleged terrorist activities or purportedly
concerning national security. Some have been threatened, physically
attacked or arbitrarily arrested, detained or imprisoned. Others
have even been assassinated. As a result, the space for human rights
defenders’ action is becoming more and more restricted, exposing
them to ever greater risks.
4. The Assembly condemns these developments and reaffirms its
support for the work of human rights defenders, who often put at
risk their security and life for the promotion and protection of
the rights of others, including the most vulnerable and oppressed
groups (migrants, refugees and members of minorities – national, religious
or sexual), or in order to combat impunity of State officials and
corruption. It particularly deplores the fact that some of the most
serious attacks on human rights defenders, including murders, abductions
and torture, have still not been effectively investigated.
5. The Assembly therefore calls on member States to:
5.1. respect the human rights and
fundamental freedoms of human rights defenders, including their right
to liberty and security, a fair trial and their freedom of expression,
assembly and association;
5.2. refrain from any acts of intimidation or reprisal against
human rights defenders and protect them against attacks or harassment
by non-State actors;
5.3. ensure that human rights defenders have access to effective
domestic remedies with respect to violations of their rights, especially
those related to their work;
5.4. more actively propose friendly settlement under Article
39 of the European Convention on Human Rights (ETS No. 5) in cases
of obvious violation, particularly of the rights of human rights
defenders and of lawyers presenting applications before the European
Court of Human Rights;
5.5. conduct effective investigations into all acts of intimidation
or reprisal against human rights defenders, and especially cases
of assassinations, physical attacks and threats;
5.6. ensure an enabling environment for the work of human rights
defenders, in particular by reviewing legislation and bringing it
into line with international human rights standards, refraining
from organising smear campaigns against defenders and other civil
society activists and firmly condemning such campaigns where organised
by non-State actors;
5.7. encourage human rights defenders to participate in public
life and ensure that they are consulted on draft legislation concerning
human rights and fundamental freedoms, as well as that concerning
the regulation of their activities;
5.8. refrain from arbitrary surveillance of human rights defenders
online and other communications;
5.9. facilitate the granting of emergency visas, residence
permits or asylum to human rights defenders who are at risk in their
own countries and provide them with temporary refuge, if need be;
5.10. fully co-operate with the Council of Europe Commissioner
for Human Rights in addressing individual cases of persecution and
reprisals against human rights defenders;
5.11. evaluate the sufficiency, as measured by concrete results,
of their efforts taken to protect human rights defenders since the
adoption of the United Nations Declaration on Human Rights Defenders
and the Committee of Ministers’ Declaration on Council of Europe
action to improve the protection of human rights defenders and promote
their activities.
6. The Assembly welcomes and encourages parliamentary initiatives
such as that by the German Bundestag providing for individual parliamentarians
to look after cases of threats, intimidation or persecution of human
rights defenders.