Implementation Guidelines for Regional Action Plan on Human Rights Defenders A. Support government programs on HRD rights Various government programmes already exist for the promotion and protection of the rights of HRDs. In the first instance, you should support these programs as best as possible- provided that national HRDs confirm their effectiveness, and ideally, were involved in their development and implementation. You can also play a key role in advocating with, and supporting governments to improve existing programs, as well as develop new programs - as always, informed and guided by national HRDs. B. Legal recognition of human rights defenders The legal recognition and protection of HRDs is crucial to ensuring they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable restrictions.11 The legal recognition and protection of defenders also contributes to the broader goals of upholding human rights, and promoting democracy, good government, sustainable development and respect for the rule of law. Recently, there has been an enhanced demand to strengthen national legislative protection for HRDs. HRDs and community-based organizations in a growing number of jurisdictions have worked on strategies and campaigns to strengthen the legislative framework in which they operate, to better protect their rights. C. Analysis of national legal framework The UN Human Rights Council has recognised “[...] the value of national human rights institutions, established and operating in accordance with the Paris Principles, in the continued monitoring of existing legislation and consistently informing the State about its impact on the activities of human rights defenders, including by making relevant and concrete recommendations”.12 To strengthen the legal recognition and protection of HRDs, it is first essential to examine the existing legal framework for the protection of HRDs in a specific country. For this, an analysis of national laws and policies and the way in which they both protect and restrict the rights of HRDs should be undertaken. This will help to identify strengths in the legal framework, as well as gaps where strengthening is needed. Any analysis of the legal framework must involve a desktop study of laws, policies and regulations, as well as a focus on the implementation of those laws and consultations with HRDs in the country. For example, it is essential that you can determine the extent to which the national legal framework protects key rights, such as the right to freedom of assembly or expression. However it is also necessary to examine other laws and the indirect impact they have on HRDs, such as laws restricting the right to freedom of association for certain populations (such as LGBTIQ communities or where caste-based discriminations interplay with fundamental rights). As highlighted above, any consultation with HRDs must include HRDs in all their diversity and across issue areas. 11 December 2013 Report of the UN Special Rapporteur on the situation of HRDs A/HRC/25/55; The protection of HRDs, including through a conducive legal framework, is of concern to companies and investors: https://www.iccr.org/sites/default/files/resources_attachments/investor_alliance_for_human_rights_hrds_sign-on_final04.23.18.pdf. 12 12 https://www.refworld.org/docid/53bfa8564.html para. 16