NATIONAL ACTION 5: Monitor violations against Human Rights Defenders
- and with the guidance of the APF - so that metrics allow for an eventual regional comparison
through the planned regional database APF will implement in the future.112
Data collected could constitute and highlight:113
Causes
of attacks
against HRDs:114
Structural causes: deeply-rooted variables that evolve over time that can
lead to violations.115 This includes:
• Political environment: political will, transparency, respect for the rule of
law, levels of corruption and impunity, efficiency. High levels of criminal
and gun violence, or deprivation of indigenous peoples’ land, territories
and resources.
• Legal framework: recognition of HRDs in law, specific prohibition of
violations to their rights, available protection mechanisms.
• Institutional environment: functioning of legal institutions, independence
and impartiality of judiciary; role, functioning and training of State
forces, level of accountability and transparency of authorities, existence
and ability to operate independent of other actors.
• Societal and cultural environment: attitudes towards HRDs,
discrimination, stereotypes, stigmatisation, demographic changes,
economic factors.
Proximate causes: circumstantial variables that gradually cause
violations. This includes events attracting international attention
(elections, sports) where HRDs are silenced. Conflict situations.
Trigger causes: events that lead directly to a violation.116 For example,
when a HRD denounces violations or carries out an activity (e.g. public
demonstration), related to violations
Nature of the
violations:
General: when they represent a broad potential of harm for any or all
HRDs (e.g. adoption of restrictive legislation), they are part of a structural
issue (e.g. high incidence of violations and/or impunity) or when they are
part of a systemic pattern (e.g. social animosity against HRDs).
Specific: On the other hand, affectations will be of a specific nature when
it can be determined that actual harm was caused to individual defenders
(e.g. an attack or a criminalisation process). It should be considered that
harm was caused when any of the rights of HRDs outlined in the Model
Law were violated.117
112
RAP page 22
113
https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2021/106.asp (pp.15, 27 of the guide)
https://www.dpe.gob.ec/rc2018/10.%20Ejecucion_programatica/7%20Prevenir%20vulneraciones%20DDHH%20
a%20defensores%20y%20defensoras/Protocolo.pdf p.12, 13
114
https://www.oas.org/es/sap/pubs/GuiaAlerta_s.pdf pp.40, 41
115
https://ganhri.org/wp-content/uploads/2019/11/Torture_Prevention_Guide.pdf page. 3; https://undocs.org/en/A/
HRC/46/35 par.30
116
https://undocs.org/A/HRC/13/22 par.52-61
117
Model Law, page ii
39