NATIONAL ACTION 5: Monitor violations against Human Rights Defenders
B. Identify HRDs in complaints-handling systems
If your NHRI has a complaints-handling system, it can be used to collect data on violations of
human rights generally. For example, the NHRIs of Bosnia and Herzegovina and Nigeria have
registries of complaints for gender-based violence.104
Procedures to identify HRDs, including an option for identification or self-identification within existing
complaints-handling systems, will allow an NHRI to obtain information on violations against HRDs
within existing architecture. It is likely that not all HRDs will identify themselves as such, so it is also
important to be able to deduce from information provided through complaints-handling systems
whether a victim would fall within the broad definition of a HRD.105
If your NHRI does not have an existing complaints-handling system, data collection can be done
through other means such as in researching reports, through emergency hotlines or other direct
contact points.
C. Monitor government implementation of the 1998 HRDs Declaration
NHRIs can assist States in bringing their legislation and its application in line with international
standards. For example, the Moroccan NHRI designated a specific mechanism to monitor the
realisation of the Sustainable Development Goals (SDGs) in the country.106
NHRIs are encouraged to support governments in complying with international standards on the
protection of HRDs, including the UN Declaration on human rights defenders.107 NGOs and NHRIs
provide valuable examples of how to effectively carry out this monitoring.
In its report on the status of HRDs in the country, the South African NHRI (“SAHRC”) dedicated
a section to ‘Monitoring South Africa’s international and regional obligations regarding HRDs’. It
monitored compliance by verifying the contents of reports and recommendations from international
human rights institutions. Beyond specific monitoring of implementation of elements of the HRD
Declaration, as the rights contained therein articulate rights in key international instruments (i.e.
freedom of expression, liberty, work), the observations of UN treaty bodies can also serve to
determine compliance with the HRDs Declaration.108
APF is working to support NHRIs to ensure that comparative tools to monitor the implementation of
the Declaration are analogous between member NHRIs, so that regional comparisons can also be
conducted.
Case study:
In 2018, ISHR, along with the Colombian Commission of Jurists (CCJ) and the Tunisian Human
Rights League (LTDH) carried out a study on whether the UN Declaration on HRDs had made a
difference to the lives of HRDs in Colombia and Tunisia. The methodology used by that study could
also provide valuable guidance on means of monitoring the implementation of the HRD Declaration.
Some of the actions include:109
• Analysing the situation on the ground.
104
https://ganhri.org/wp-content/uploads/2019/10/DIMR_GANHRI-CSW-Report_final-BF.pdf p.15
105
Namely, anyone who promotes and strives “for the protection and realization of human rights and fundamental freedoms at the national and international levels.” https://undocs.org/A/RES/53/144
106
https://ganhri.org/wp-content/uploads/2019/12/GANHRI-UNICEF-Children%E2%80%99s-Rights-in-National-Human-Rights-Institutions.pdf p. 25
107
https://www.right-docs.org/doc/a-hrc-res-22-6/ par.20, 21
108
https://www.sahrc.org.za/home/21/files/Human%20Rights%20Defenders%20Publication.pdf pag 14
109
https://ishr.ch/defenders-toolbox/resources/has-the-un-declaration-made-a-difference-to-the-lives-of-human-rightsdefenders/
37