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Reply to Recommendation | Doc. 14772 | 05 December 2018
Protecting human rights defenders in Council of Europe member States
1. The Committee of
Ministers has carefully examined Recommendation 2133 (2018) – “Protecting human rights defenders in Council of Europe
member States”. It has forwarded it to the Steering Committee for
Human Rights (CDDH) for information and possible comments.
2. The Committee of Ministers reiterates its unswerving commitment
to democracy, human rights and the rule of law. It would highlight
the invaluable work of all human rights defenders, who help considerably
to create an environment in which human rights, democracy and the
rule of law are actively respected and promoted in Europe.
3. The Committee of Ministers would point out that human rights
defenders are in need of special protection because their work often
involves criticism of government policies and actions, for example
by documenting and drawing attention to situations where States
have committed human rights violations. In this context, the Committee
of Ministers fully shares the Assembly’s concerns regarding acts
of harassment, reprisal and assault committed against human rights
defenders in the Council of Europe member States, either by the national
authorities or by non-state actors. It notes that despite the progress
made in some member States of the Council of Europe, there is a
worrying deterioration in protection for such persons in several
others. It therefore welcomes the recent appointment by the Parliamentary
Assembly of a new General Rapporteur on the situation of human rights
defenders.
4. The work of human rights defenders is based on fundamental
rights such as freedom of thought, conscience and religion, freedom
of expression and freedom of assembly and association, which are
protected by the European Convention on Human Rights. In this connection,
the Committee of Ministers welcomes the leading role of the European
Court of Human Rights in interpreting the scope of the restrictions
to which the exercise of these freedoms can be subject so that they
do not undermine the work of human rights defenders and they do
not exceed what is authorised by paragraph 2 of Articles 10 and
11 of the Convention.
5. The protection of human rights defenders in the Council of
Europe member States is a priority for the Commissioner for Human
Rights, who talks frankly about this in her regular exchanges with
the Committee of Ministers and on her visits to member States. The
Committee of Ministers highlights the major role of States in protecting
human rights defenders, particularly in adopting appropriate legislation
but also in co-operating with the Commissioner by facilitating her
visits, giving her proper answers and discussing the situation of
human rights defenders where necessary. It encourages States to
take practical measures both to promote the full enjoyment of the
rights of human rights defenders but also to protect them against
violations of these rights.
6. In reply to the recommendation in paragraph 1.2, the Committee
of Ministers would point out that it fully supports the work of
the Commissioner for Human Rights, particularly by ensuring that
her Office has sufficient financial and human resources despite
the very difficult budgetary context. Protecting human rights defenders is,
moreover, one of the priorities of the incoming presidency of the
Committee of Ministers. A round table on this theme will be organised
by the Office of the Commissioner for Human Rights in Helsinki on
13 and 14 December 2018.
7. The specific question of alleged reprisals against defenders
who interact with the Council of Europe is a priority for the Secretary
General. In May 2017, the Secretary General set up a contact point
in his Private Office to co-ordinate potential action in such cases
on the basis of information provided by various Council of Europe
bodies following direct contacts with defenders. This procedure
is complementary and does not interfere with the aforementioned
procedures (see in this connection the information provided by the
Secretary General to the Ministers’ Deputies, SG/Inf(2017)26, 21 June 2017). The Committee of Ministers considers
that further information from the Secretary General on the implementation
of his proposal would be very useful.
8. In 2015, the Council of Europe set up a Platform to promote
the protection of journalism and safety of journalists. The case
for setting up a similar platform to protect human rights defenders
and monitor reprisals, as suggested by the Assembly in paragraph
1.3 of the Recommendation, warrants careful consideration. The Committee
of Ministers notes, however, that the Assembly has already recommended,
in Recommendation 2121(2018) “The case for drafting a European convention on
the profession of lawyer” that an early-warning mechanism should
be set up to respond to immediate threats to lawyers’ safety and
independence. This proposal is being examined by the steering committees
and bodies concerned. With regard to the proposal for a platform
to protect human rights defenders, the Committee of Ministers will
consider its merits at a later stage in the light of the practice
of all the aforementioned existing procedures, including new mechanisms,
and in consultation with the Assembly and civil society.
9. As to the recommendation in paragraph 1.6, the Committee of
Ministers would like to point out that the draft recommendation
on the need to strengthen the protection and promotion of the civil
society space in Europe is being finalised by the CDDH and will
be examined by the Committee of Ministers by the end of the year 
.
The draft recommendation will be accompanied by a compilation and
assessment of the main existing measures and practices in this field
in the member States. The Committee of Ministers believes that this
study will enable member States to familiarise themselves with existing
activities and good practices set up in the member States of the
Council of Europe to secure the protection of human rights defenders.
.
The draft recommendation will be accompanied by a compilation and
assessment of the main existing measures and practices in this field
in the member States. The Committee of Ministers believes that this
study will enable member States to familiarise themselves with existing
activities and good practices set up in the member States of the
Council of Europe to secure the protection of human rights defenders.10. Lastly, with regard to the high-level seminar which the Assembly
suggests should be held (paragraph 1.7), the Committee of Ministers
announces that at the Finnish authorities’ instigation and as part
of their presidency of the Committee of Ministers, a workshop on
the civil society space is planned at the 90th meeting of
the CDDH, to be held in Strasbourg on 29 November 2018.