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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;

  1. The use and enforcement of legal provisions in a political and selective way in order to silence human rights defenders,
  2. 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,
  3. 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,
  4. 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
  5. .

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

  1. 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
  2. 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
  3. (AIPPA), Constitutional Amendment Act No. 17 to put it in conformity with international human rights standards
  4. 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
  5. 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

     
  6. To immediately create an environment for the establishment of democratic institutions and allow citizen participation in the process in the introduction of multiparty democracy,
  7. To revise laws which curtail fundamental freedoms and rights in particular the restrictions on freedom of movement and expression,
  8. 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
  9. 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,
  10. 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
  11. 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,
  12. 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,
  13. 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,
  14. 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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