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Resolution
on Human Rights Defenders
V
International Human Rights Colloquium: South-South Dialogue to Strengthen
Human
Rights
October 15, 2005
http://www.civicus.org/new/media/ColloquiumStatement.pdf
We, members
of Civil Society Organisations from countries from the South (Africa,
Asia, the Caribbean and Latin America), meeting in Sao Paulo for
the V International Human Rights Colloquium under the theme of South-South
Dialogue to Strengthen Human Rights, 8th-15th of October 2005, have
noted with grave concern the threats, risks, persecution, malicious
prosecution and arrests faced by human rights defenders and activists
in the global south
RECALLING
the United Nations General Assembly Resolution 53/144 of 9 December
1998 which outlines the Rights and Responsibilities of Individuals,
Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms,
RECALLING
the Inter-American Commission on Human Rights Resolution 1711 of
5 June
2000 on Support
for the individuals, groups, and organisations of civil society
working to promote and protect human rights in the Americas and
development of a special unit of human rights defenders,
RECALLING
the African Commission on Human and Peoples’ Rights Resolution on
the Protection of Human Rights defenders in Africa adopted at its
35th Ordinary Session on 4June
2004 in Banjul, The Gambia,
REAFFIRMING
the importance of south - south dialogue and the strengthening of
the work of human rights defenders,
STRESSING
that the prime responsibility and duty to promote and protect human
rights and fundamental freedoms in all countries lie with the State,
EMPHASIZING
the important role that individuals, civil society organizations
and groups play in the promotion and protection of human rights
and fundamental freedoms,
NOTING
with grave concern that human rights defenders are suffering egregious
violation of their rights ranging from threats of death, arrests,
prosecution, and harassment and to loss of their livelihood. We
call attention to the three specific examples because of their similar
use of repressive mechanisms, Zimbabwe, Nepal and Colombia. In so
doing we seek to reaffirm that the use of these mechanisms is today
unacceptable and characterised by, but not limited, to the following;
- The use and
enforcement of legal provisions in a political and selective way
in order to silence human rights defenders,
- Promulgation
of restrictive laws on fundamental rights and freedoms, such as
freedom of expression, movement, association and assembly under
the guise of fighting terrorism, while targeting human rights
defenders,
- Significant
increase in the attacks on human rights defenders in both the
scale and the methods and forms of oppression which includes intimidation,
harassment, arbitrary arrests and detentions, false prosecution
and even acts of torture and in some instances forced disappearances,
be they students activists, women rights´ activists, social rights
activists, trade union activists, indigenous rights activists
and global and trade rights activists,
- Pervasive
undermining of judicial institutions characterised by defiance
of court orders, attacks, harassment and intimidation of the judiciary
and members of the legal profession and inordinate delays in justice
delivery which have failed to give effective protection and remedies
to human rights defenders who were victims of human rights violations
.
OBSERVING
THAT these repressive legal provisions and their selective
implementation constitute obvious violations of international and
regional human rights instruments that bind Zimbabwe, Nepal and
Columbia, such as the International Covenants on Civil and Political
Rights and on Economic, Social and Cultural Rights, the African
Charter on Human And People’s Rights, Inter American Convention
on Human Rights and the 1998 United Nations’ Declaration on Human
Rights Defenders,
The V Colloquium
recommends all local and international human rights associations
to call upon their governments (and insist that all governments)
cease to use mechanisms of violence, repression and generalised
fear to silence human rights. In this context it is imperative for
all local and international organisations to join together in the
following specific demands,
To the
Zimbabwean government
- To immediately
put an end to any kind of harassment and reprisals against human
rights defenders and restore the independence of the judiciary
to ensure that human rights defenders are able to pursue freely
their activities, in conformity with international and regional
instruments that bind Zimbabwe
- To revise,
repeal and or amend repressive legislation such as the Public
Order and Security Act (POSA) and the Access to Information and
Protection of Privacy Act
- (AIPPA),
Constitutional Amendment Act No. 17 to put it in conformity with
international human rights standards
- To implement
the recommendations of the African Commission on Human and Peoples
Rights Fact Finding mission to Zimbabwe of June 2002, adopted
by the Assembly of Heads of States and Governments in January
2004, Abuja, Nigeria
- To allow
the Special Representative of the United Nations Secretary General
on Human Rights Defenders and the Special Rapportuer on Human
Rights Defenders in Africa to visit Zimbabwe
His Majesty Government of Nepal
- To immediately
create an environment for the establishment of democratic institutions
and allow citizen participation in the process in the introduction
of multiparty democracy,
- To revise
laws which curtail fundamental freedoms and rights in particular
the restrictions on freedom of movement and expression,
- To carry
out investigations in cases of forced disappearances and torture,
to put an end to any kind of harassment and reprisals against
human rights defenders and to immediately engage impartial and
exhaustive investigations on all cases of violence, forced disappearances
and tortured perpetrated against human rights defenders in order
to identify their authors, to prosecute them and judge them in
conformity with law,
The government of Colombia
- To desist
from introducing any legalisation in the name of regulating civil
society, non governmental organisations and the media to suppress
human rights defenders and limit the exercise of rights as enshrined
in various international conventions to which Nepal is party and
the Constitution of Nepal,
- To fully
cooperate with the Office of the High Commission for Human Rights
in Nepal established under the United Nations Commission on Human
Rights of the 61st Session Resolution ECN 4/2005/L90 of 15 April
2005
- To carry
out investigations in cases of forced disappearances and torture,
to put an end to any kind of harassment and reprisals against
human rights defenders and to immediately engage impartial and
exhaustive investigations on all cases of violence, forced disappearances
and tortured perpetrated against human rights defenders in order
to identify their authors, to prosecute them and judge them in
conformity with law and to implement an effective policy of preventive
protection of human rights defenders,
- Abstain absolutely
from the use of malicious public accusations that put the life
of human rights defenders under threat in particular statements
from high ranking state officials including the President,
- To ensure
that the Policy of Democratic Security, respect international
human rights law, humanitarian and refugee law as stated under
paragraph 13 of the final declaration by the Chairperson of the
UN Human Rights Commission 2004,
- To fully
cooperate with the Office of the High Commission for Human Rights
in Colombia and implement the recommendations of the report of
the United Nations Commission on Human Rights of the 61st Session
E/CN.4/2005/10 28 February 2005
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