NATIONAL ACTION 4: Develop ‘early warning systems’
In cases of international relocation, your NHRI could support HRDs by providing legal assistance
to obtain all necessary travel documents or to file an asylum application. Coordination with other
NHRIs (e.g. members of the APF) could facilitate international relocation, for example by promoting
international agreements on the issuance of visas or residence permits for HRDs seeking relocation.
G. Special protection mechanisms
Protection mechanisms are systems designed to safeguard the life, well-being and safety of HRDs
at risk as a result of their political, public, social or humanitarian activities. They can be part of the
government infrastructure or independent.83 They offer a centralized institution to monitor and report
on the situation of HRDs and coordinate responses to threats.84
The UNSR HRDs recommended that “protection programmes should include an early warning
system in order to anticipate and trigger the launch of protective measures. It should also assess
the safety of the defenders’ family members and relatives.”85
ISHR’s Model Law indicates that, among other things, protection mechanisms should:86
• Seek to identify and address both structural and systemic factors contributing to risk and provide
for individualised assessment for particular HRDs.
• Include measures to promote a safe and enabling environment for HRDs, contribute to the
prevention of threats, risks and restrictions to HRDs, and provide both urgent and longer-term
protection to HRDs at risk.
• Aid, assist and inform investigations for the purpose of prosecuting the offences against HRDs.
• Disseminate information about the importance of the work HRDs do and about the UN Declaration
on HRDs.
Some NHRIs also serve as protection mechanisms for HRDs. Recently such mechanisms have
been developed in some West African countries. A recent study of these mechanisms in West Africa
outlined some improvements to enhance their effectiveness. The report concluded that if an NHRI is
to serve as a protection mechanism, in addition to the abovementioned elements, it should:87
• Have a specific mandate to consult with civil society on the development, establishment and
implementation of protection mechanisms for HRDs.
• Be provided with adequate, earmarked and independently sourced funds to undertake the specific
mandate of protection mechanism for HRDs.
• Have a prevention function and be able to comment on draft legislation and public policies relevant
to HRDs.
• Be empowered to undertake and enforce concrete protection measures and directives, in close
collaboration with the security and judicial agencies in the country.
• Be mandated to scrutinise and properly train staff and personnel involved in the implementation of
the protection mechanism.
• Be involved from the onset in the development of HRD law.
• Sit within a Paris Principles’ compliant NHRI.
83
https://undocs.org/A/HRC/13/22 par. 81, 84
84
https://undocs.org/A/HRC/31/55 par. 93
85
https://undocs.org/A/HRC/25/55 par. 88
86
https://ishr.ch/wp-content/uploads/2021/04/05_jan2017_english_model_law_all.pdf Part IV. Sections 34-37
87
https://ishr.ch/defenders-toolbox/resources/nhri-ishr-launches-research-potential-national-human-rights-institutions-serve-protection/ p.21
33