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Resolution 2095 (2016)
Strengthening the protection and role of 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, the Committee of Ministers’ Declaration
on Council of Europe action to improve the protection of human rights
defenders and promote their activities, of 6 February 2008, and
Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations
in Europe.
2. The Assembly pays tribute to the invaluable work of human
rights defenders for the protection and promotion of human rights
and fundamental values.
3. The Assembly stresses that the responsibility for protecting
human rights defenders lies first and foremost with States and that
in some circumstances States may be held responsible for the action
of non-state actors aimed at intimidating human rights defenders
and for failing to carry out effective investigations into such action.
4. 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 their activities. However, it is deeply concerned about increased
reprisals against human rights defenders in certain member States,
including Azerbaijan, the Russian Federation and Turkey. There have
also been alarming signs that the situation is deteriorating in
some member States, including Georgia; namely public attacks, threats
to release material that is allegedly compromising to prominent
human rights defenders, and physical attacks, pressure and intimidation
against lawyers, including lawyers working on politically sensitive
cases. The Assembly is particularly worried about the situation
in the annexed region of Crimea and in territories outside the control
of State authorities. It notes that restrictive legislation on registration,
funding, especially foreign funding, or on anti-terrorist measures
is used to restrict human rights defenders’ activities or even to
arbitrarily arrest them, to bring serious criminal charges and to
condemn them to long prison sentences. The Assembly condemns these
practices and supports the work of human rights defenders, who put
their security and personal life at risk for the promotion and protection
of the rights of others, including those from the most vulnerable
and oppressed groups (migrants and members of national, religious
or sexual minorities) or to combat impunity of State officials,
corruption and poverty.
5. The Assembly also deplores the fact that some of the most
serious attacks on human rights defenders, including murders, abductions
and torture, have still not been properly investigated. When human
rights defenders themselves become targets of oppression, this sends
a devastating message to those counting on their help.
6. The Assembly therefore calls on member States to:
6.1. refrain from any acts of intimidation
of and reprisals against human rights defenders, and in particular
from physical attacks, arbitrary arrests and judicial or administrative
harassment;
6.2. ensure an enabling environment for the work of human rights
defenders and effective protection against acts of intimidation
and reprisals against them, and conduct effective investigations
into any such acts in order to effectively fight against impunity;
6.3. refrain from adopting laws that impose disproportionate
restrictions on defenders’ activities and that limit their access
to funding, including foreign funding, or repeal such legislation;
6.4. ensure that human rights defenders are included, where
possible, in the legislative process concerning human rights and
fundamental values;
6.5. refrain from conducting smear campaigns against human
rights defenders and condemn such campaigns conducted in the media
or by other non-state actors;
6.6. refrain from placing human rights organisations and their
members under unlawful surveillance;
6.7. take measures to raise awareness and promote knowledge
about human rights defenders’ work and its recognition by society;
6.8. actively support the development of vibrant civil societies
and promote rather than restrict international contacts and co-operation
at this level;
6.9. show solidarity with organisations and individuals that
defend human rights by designating, in their relevant foreign missions,
diplomats specifically responsible for keeping in contact with human rights
defenders.