Actions at the national level by individual APF members are the bedrock of this Action Plan. They
will involve operational initiatives developed within NHRIs to strengthen internal capacity on HRD
protection and promotion, and externally facing programs and engagement with partners to enhance
the enjoyment of rights by defenders. In recognition of the geographical and cultural diversity of the APF
membership, the Regional Action Plan does not impose a pre-determined program of work that will be
locally applicable in each national setting. Rather, national actions will accommodate differences among
APF members, allowing for contextualised national responses that are adapted to local conditions.
NATIONAL ACTION 1:
Advocate for national legal protections
• Undertake review of national protection systems
• Advocate for national legislation to protect HRDs
• Support government policies and programs on HRD rights
The explicit recognition of the rights of HRDs in law, policies and programs of government is a
fundamental protection mechanism in any national context. APF members will continue to advocate for
national legal protections for HRDs in their respective jurisdictions. This will serve to counter the trend
of restrictive legislation being developed across the region that has sought to silence and restrict the
rights of HRDs.
Under the HRDs Declaration, States have committed to supporting legislative, administrative and other
steps to ensure the rights and freedoms provided for in the Declaration are effectively guaranteed in
national systems. Although the content of domestic legislation and policy is outside the direct control
of NHRIs, they play a crucial advocacy and advisory role with parliaments, governments and other
stakeholders to ensure that national law, policy and programs on HRD protection is consistent with the
Declaration and other applicable international human rights standards.
The most suitable method of safeguarding legal protection and the role of the NHRI will be different
in each national context. The approach will be shaped by the relationship between the NHRI and
its government interlocutors, as well as the political climate and breadth of the civic space. Some
NHRIs in the Asia Pacific region have enjoyed success in supporting relevant government ministries
with technical advice on the development of standalone legislation to protect HRDs. This will typically
require a constructive and collaborative engagement with the judiciary, police, and other impacted
independent agencies (such as Ombuds institutions). Model legislation based on the standards in the
HRDs Declaration, developed by the ISHR and a group of experts, has proved an important tool in
this process. Where there is an appetite for collaboration and engagement from government, NHRIs
have also supported the development of policy and programs that are delivered by government to
protect HRDs. For those APF members yet to engage in advocacy on national legislation, undertaking a
systematic review of national legislation to define protection gaps will be a key first step.
Other NHRIs have actively pursued alternative advocacy strategies to secure legal protection for HRDs,
including through public interest litigation, national inquiries and other measures permissible within the
scope of their mandate. These adversarial techniques may be more appropriate where government or
other political actors are hostile to the rights of HRDs.
Members of the APF commit to supporting legal protections for HRDs using methods of advocacy and
technical advice that are best suited to their national context. To this end, it will be essential for APF
members to build on the achievements and lessons learned by other NHRIs in the Asia Pacific and
elsewhere, for which collaboration and experience sharing will be essential.
Part 3: National Actions | 25