NATIONAL ACTION 4: Develop ‘early warning systems’
Practical guidance on the monitoring and analysing phases is elaborated in National Action 5.C.
The alerting phase is discussed below. Once data are collected, and risks identified and analysed,
the EWS should alert relevant stakeholders, chiefly those who can protect the HRDs at risk. This
may include national, regional and international authorities. If deemed appropriate, the alert may be
made public.
Once actions have been taken to minimise the identified risk, it is important that the EWS follows
up to verify if measures taken were actually effective. If agreements were reached between different
parties, it is necessary to verify that these have been complied with.57 If the risk hasn’t completely
subsided, the EWS could coordinate with competent authorities what new actions should be taken,
or take new actions on its own.
i. Responding to the alert
In some cases (for example when the EWS is part of a protection mechanism within the NHRI), the
NHRI may have the competence to respond to the risk.
Responses may seek to dissuade, control, mitigate or eliminate the risk. Any action taken should
be done in consultation and with the consent of the HRD at risk; with attention paid to the specific
needs of the HRDs, their families, organisations and communities.58
If this is the case for your NHRI, you should carry out a prior assessment on how you can manage
the risk,59 and ensure there is clear communication of what measures you can provide. This, so that
HRDs can manage expectations and conduct their own security assessment.60
Some means of responding to risks faced by HRDs include:
• Reporting on violations: As elaborated further in National Action 6, NHRIs can report on
violations of HRDs, referring to specific cases or to the general context, to bring attention to their
situation. Reports can serve advocacy or litigation campaigns at national, regional and international
levels, and can include recommendations to authorities, aimed at achieving structural change.
• Coordination: EWS can play a role in coordinating intervention by various entities to protect
HRDs.61 For example, in cases of land conflicts, NHRIs can play a role in obtaining protection for
affected communities, alerting national and international stakeholders of potential human rights
violations, and contacting translators and culturally-sensitive mediators to facilitate communication
and defuse tensions.62 Cooperation with security forces and justice operators (investigators,
prosecutors) can also be valuable.63
• Independent investigations and access to justice: Some NHRIs also carry out independent
investigations of violations suffered by HRDs and support victims in taking legal action.64 If
appropriate, results from independent investigations can be shared with competent authorities in
charge of prosecution.65
57
https://www.dpe.gob.ec/rc2018/10.%20Ejecucion_programatica/7%20Prevenir%20vulneraciones%20DDHH%20
a%20defensores%20y%20defensoras/Protocolo.pdf p.16
58
CIDH, Hacia una política integral de protección a personas defensoras de derechos humanos, OEA/Ser.L/V/II. Doc.
207/17, 29 de diciembre de 2017, párr. 265.
59
https://www.protectioninternational.org/wp-content/uploads/2013/04/Best-Practices-and-Lessons-Learnt.pdf
60
https://undocs.org/en/A/HRC/22/47 par.89
61
See, for example, the OSCE Focal point on HRDs: https://www.fidh.org/en/international-advocacy/other-regional-organisations/organization-for-security-and-cooperation-in-europe-osce/Focal-Point-on-Human-Rights
62
https://undocs.org/A/HRC/25/55 par.93, 94
63
https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2021/106.asp (p.24 of the guide)
64
https://undocs.org/en/A/HRC/22/47 par.74
65
https://www.knchr.org/Portals/0/CivilAndPoliticalReports/Human%20Rights%20Defenders%20Policy%20and%20Action%20Plan_B5_L_22-1-18.pdf?ver=2018-06-06-191138-293 p.14 Policy Action I.
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