The adoption of the Universal Declaration of Human Rights in 1948 represented a definitive step, but it was not sufficient to ensure that people who seek to enjoy the fundamental rights that are enshrined in it – such as freedom of expression or of opinion – are protected from repression by governments or private groups. Individuals also have to be able to demand, in a risk-free context, that the rights in the Declaration – as well as the international instruments that eventually completed it – be respected. It is towards this goal that OMCT and other NGOs mobilised to call for the adoption of a text that protects these groups and individuals. This “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms” was adopted in December 1998 during the 50th anniversary of the Universal Declaration of Human Rights.
There is no formal and exhaustive definition of who is a human rights defenders, which prevents the formulation of an overly-restrictive interpretation. Nonetheless, the Observatory has decided to adopt the following “operational definition” in order to demonstrate flexibility in its analysis of the admissibility of the cases brought to its attention: “any person who risks or who is victim of reprisals, harassment or violations because of his or her commitment, be it individually or in association with others, in favour of the promotion and the implementation of the rights recognised in the Universal Declaration of Human Rights and guaranteed by various international instruments.” Individually or as a member of an NGO, it refers to people who, through peaceful means, investigate human rights violations, inform the public, organise campaigns and transmit this information. Lawyers who argue for the cause of political prisoners and their right to a fair trial; mothers of the disappeared who protest to obtain the truth on their fate; journalists; teachers; trade unionists who fight for the respect of economic rights; rural and indigenous communities who organise for the recognition of their rights; organisations that fight against impunity… They can all be victims of repression.
“Thank you very much for your enduring solidarity, which was particularly precious when I was detained last year and which, without a doubt, contributed to my acquittal last June. When one lives in an authoritarian and obscurantist regime in a society paralysed by fear, the thought of knowing that we are not forgotten in the bottom of our cell brings light and a saving strength. Thanks to your support and to others, I was able to continue my work defending human rights” – Defender, Syria.
What defines a defender is thus his or her commitment to civil and political rights, but also to economic, social and cultural rights.
The risks defenders encounter are, among others, prison, harassment, intimidation, torture, defamation, reprisals against their entourage, and death. Also, too often, the NGO’s offices are targeted for attacks during which their files are stolen and their computer material is destroyed, thereby depriving them of their work tools.
These risks increase in situations of internal conflict, in countries in which the judicial power does not enjoy the independence required to punish the authors of violations and is instrumentalised to obstruct defender activities.
Since the events of September 11, 2001, suspicion towards human rights defenders has increased. Many governments have adopted anti-terrorism legislation that curtails fundamental freedoms. The terrorist threat could therefore be used to obstruct the legitimate and peaceful work of human rights defenders. The risk of confounding the two is real. Therefore, it is important to be vigilant so that the people who, in the name of freedom of expression, raise their voices to defend human rights, not be considered enemies of the State or accused of undermining national security.
OMCT has played a pioneering role in the protection of human rights defenders. The SOS-Torture Network is currently composed of 311 member organisations with vary different mandates: organisations that fight for the rights of children, women, indigenous groups, political prisoners, etc. Thanks to the quantity and variety of its partners, OMCT has thus been able, since its creation, to evaluate the fundamental role that defenders play in the emergence of a dynamic civil society, as well as the repression they are subjected to. It systematically denounces the violence done against them, and has published two reports on violations against human rights defenders, for the periods 1992-1996 and 1997.
In partnership with the FIDH, OMCT created the Observatory for the Protection of Human Rights Defenders in 1997. This unique collaboration is based on the complementarity of each organisation’s approach and is based on their respective NGO networks. In parallel, many meetings on this subject have been held, culminating with Forum 1998, which brought together more than 600 NGOs from 60 countries, just before the adoption of the United Nations’ Declaration on Human Rights Defenders in 1998.
OMCT and the Observatory have significantly contributed to the creation of a mandate for the protection of human rights defenders within the United Nations framework, as well as to the inclusion of this issue on the agenda of major regional organisations (African Commission, Inter-American Commission, OSCE, European Union, Council of Europe, etc.). Raising the awareness of political decision-makers and of public opinion has also been one of the main objectives of the work accomplished to date.
