RES/31/32 Protecting human rights defenders, whether individuals, groups or organs of society, addressing economic, social and cultural rights

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Human Rights Council Thirty-first session

Agenda item 3

Resolution adopted by the Human Rights Council on 24 March 2016

31/32. Protecting human rights defenders, whether individuals,

groups or organs of society, addressing economic, social and

cultural rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights, the International

Covenants on Human Rights and other relevant instruments,

Recalling General Assembly resolution 53/144 of 9 December 1998, by which the

Assembly adopted by consensus the Declaration on the Right and Responsibility of

Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized

Human Rights and Fundamental Freedoms,

Recalling also all other previous resolutions on this subject, including Human Rights

Council resolutions 22/6 of 21 March 2013 and 25/18 of 28 March 2014, and General

Assembly resolutions 68/181 of 18 December 2013 and 70/161 of 17 December 2015,

Reaffirming the importance of the Declaration and its full and effective

implementation, and that promoting respect, support and protection for the activities of

human rights defenders, including women human rights defenders, is essential to the

overall enjoyment of human rights,

Recalling that the Vienna Declaration and Programme of Action, the 2005 World

Summit Outcome and General Assembly resolution 60/251 of 15 March 2006, in which the

Assembly established the Human Rights Council, all affirm that all human rights are

universal, indivisible, interrelated, interdependent and mutually reinforcing and must be

treated in a fair and equal manner, on the same footing and with the same emphasis, and

recalling also that the promotion and protection of one category of rights should never

exempt States from the promotion and protection of other rights,

Recalling also the annual high-level panel discussions held at the thirty-first session

of the Human Rights Council on human rights mainstreaming, with its theme “The 2030

Agenda for Sustainable Development and human rights”, with an emphasis on the right to

development, and on the fiftieth anniversary of the International Covenants on Human

Rights,

United Nations A/HRC/RES/31/32

Noting the statement given by the Special Rapporteur on the situation of human

rights defenders during the interactive dialogue with the Human Rights Council at its thirty-

first session, and deeply regretting the assassination, following death threats, of persons

addressing human rights in the context of land and environmental issues, including

indigenous leaders,

Noting also that previous resolutions on the present subject pertain to the promotion

and protection of civil, political, economic, social and cultural rights,

Reaffirming that States have the primary responsibility and are under the obligation

to protect all human rights and fundamental freedoms of all persons,

Reaffirming also that everyone has the right, individually and in association with

others, to promote and strive for the realization of human rights and fundamental freedoms,

including all civil, political, economic, social and cultural rights,

Welcoming the steps taken at the national level to implement economic, social and

cultural rights, including the enactment of appropriate legislation and adjudication by

national courts,

Recognizing the positive, important and legitimate role of human rights defenders in

promoting and advocating the realization of all economic, social and cultural rights,

including by engaging with Governments and contributing to the efforts in the

implementation of the obligations of States in this regard, and welcoming the steps taken by

some States to create a safe and enabling environment for the defence of human rights,

Stressing that everyone, individually and in association with others, shall be free to

determine themselves which rights to address, at the local, national, regional and

international levels, through the exercise of their rights, including through advocacy,

reporting and seeking information on human rights violations and abuses by States and non-

State actors,

Welcoming the fact that indigenous peoples are organizing themselves for political,

economic, social and cultural enhancement, and in order to bring to an end all forms of

discrimination and oppression wherever they occur, and welcoming also the work of human

rights defenders in that regard,

Mindful that domestic law and administrative provisions and their application should

not hinder but enable the work of human rights defenders, including by avoiding any

criminalization or stigmatization of the legitimate role and important activities, consistent

with the Declaration, of human rights defenders and the communities of which they are a

part or on whose behalf they work, and by avoiding impediments, obstructions, restrictions

or selective enforcement thereof contrary to relevant provisions of international human

rights law,

Underscoring that the legal framework within which human rights defenders work

peacefully to promote and protect human rights and fundamental freedoms is that of

national legislation consistent with the Charter and international human rights law,

Deploring the use of policies and legislation that restrict, hinder or limit the

activities of human rights defenders in contravention of relevant provisions of international

human rights law, and judicial harassment or threat thereof against human rights defenders,

including those addressing economic, social and cultural rights, and underlining the

obligation of States to prevent and stop such practices,

Underlining the fundamental importance of access to justice through an independent

and impartial judiciary,

Underscoring the importance of access to information, including on alleged

violations and abuses of human rights, and of the full and effective participation of

individuals, groups and organs of society, including human rights defenders, in

consultations, decision-making processes and, where relevant, implementation efforts

related to legislation, policies, programmes and projects, with a view to mainstreaming,

promoting and protecting human rights,

Expressing grave concern at the serious nature of risks faced by human rights

defenders, their family members, associates and legal representatives, including threats,

attacks and acts of intimidation and reprisal against them in different parts of the world, and

gravely concerned about the resulting negative impact on the realization of economic,

social and cultural rights, including violations and abuses in this regard,

Expressing grave concern also at the observations and findings of the Special

Rapporteur on the situation of human rights defenders that human rights defenders

addressing environmental and land issues and corporate responsibility, those working on

governance issues, promoting transparency and accountability, and those exposing

discrimination, corruption and violence at the hands of States, business enterprises and

other non-State actors, are among those human rights defenders who are most exposed and

at risk, and noting with grave concern also the findings of the Working Group on Enforced

or Involuntary Disappearance that the practice of enforced disappearance is often used to

repress and intimidate human rights defenders and prevent others from claiming and

exercising their economic, social and cultural rights,

1. Stresses that the right of everyone, individually and in association with

others, to promote and strive for the protection and realization of all human rights and

fundamental freedoms, in accordance with the Declaration,1 without retaliation or fear

thereof is an essential element in building and maintaining sustainable, open and

democratic societies, and reaffirms the urgent need to respect, protect, promote and

facilitate the work of those defending economic, social and cultural rights as a vital factor

contributing towards the realization of those rights, including as they relate to

environmental and land issues and development;

2. Calls upon all States to take all measures necessary to ensure the rights and

safety of human rights defenders, including those working towards the realization of

economic, social and cultural rights and who, in so doing, exercise other human rights, such

as the rights to freedom of opinion, expression, peaceful assembly and association, to

participate in public affairs, and to seek an effective remedy;

3. Welcomes the work of the Special Rapporteur on the situation of human

rights defenders, and notes with appreciation the attention given to the promotion and

protection of economic, social and cultural rights, including in relevant reports of the

mandate holder over time;2

4. Urges all States to acknowledge in public statements at the national and local

levels, and through laws, policies or programmes, the important and legitimate role of

human rights defenders, including women human rights defenders, in the promotion of

human rights, democracy and the rule of law in all areas of society, in urban and rural areas,

as essential components of ensuring their recognition and protection, including those

promoting and defending economic, social and cultural rights;

1 General Assembly resolution 53/144, annex

2 A/HRC/4/37, A/HRC/19/55, A/68/262, A/70/217.

5. Strongly condemns the reprisals and violence against and the targeting,

criminalization, intimidation, arbitrary detention, torture, disappearance and killing of any

individual, including human rights defenders, for their advocacy of human rights, for

reporting and seeking information on human rights violations and abuses or for cooperating

with national, regional and international mechanisms, including in relation to economic,

social and cultural rights;

6. Calls upon all States to combat impunity by investigating and pursuing

accountability for all attacks and threats by State and non-State actors against any

individual, group or organ of society that is defending human rights, including against

family members, associates and legal representatives, and by condemning publically all

cases of violence, discrimination, intimidation and reprisals against them;

7. Recognizes the importance of the independent voice of human rights

defenders and other civil society actors, and of partnerships between States and civil society

in promoting, protecting and realizing all human rights, including economic, social and

cultural rights, and the right to development, and in the context of the implementation of the

2030 Agenda for Sustainable Development;

8. Emphasizes the importance of national protection programmes for human

rights defenders, and encourages States to consider, as a matter of priority, enacting

relevant legislative and policy frameworks to this end, in consultation with human rights

defenders, civil society and relevant stakeholders, taking into account, inter alia, the

principles presented by the Special Rapporteur on the situation of human rights defenders;3

9. Continues to express particular concern about systemic and structural

discrimination and violence faced by women human rights defenders of all ages, and calls

upon all States to give effect to the principles and objectives established by the General

Assembly in its resolution 68/181 by protecting the rights of women human rights

defenders and by integrating a gender perspective into the efforts to create a safe and

enabling environment for the defence of human rights, including economic, social and

cultural rights;

10. Underlines the legitimate role of human rights defenders in mediation efforts,

where relevant, and in supporting victims in accessing effective remedies for violations and

abuses of their economic, social and cultural rights, including for members of impoverished

communities, groups and communities vulnerable to discrimination, and those belonging to

minorities and indigenous peoples;

11. Stresses that legislation affecting the activities of human rights defenders and

its application must be consistent with international human rights law, including the

International Covenant on Civil and Political Rights and the International Covenant on

Economic, Social and Cultural Rights, and guided by the Declaration on the Right and

Responsibility of Individuals, Groups and Organs of Society to Promote and Protect

Universally Recognized Human Rights and Fundamental Freedoms, and in this regard

recognizes the urgent need to review and amend policies or legislation that have the effect

of limiting the work and activities of human rights defenders in contravention of

international human rights law;

12. Recognizes that, in the exercise of the rights and freedoms referred to in the

Declaration, human rights defenders, acting individually and in association with others,

shall be subject only to such limitations as are in accordance with applicable international

obligations and are determined by law solely for the purpose of securing due recognition

3 See A/HRC/31/55.

and respect for the rights and freedoms of others and of meeting the just requirements of

morality, public order and the general welfare in a democratic society;

13. Calls upon all States to ensure that information held by public authorities,

including with respect to economic, social and cultural rights, and as related to

environmental, land, natural resources and development issues, is proactively disclosed and

not unnecessarily classified or otherwise withheld from the public, and also calls upon all

States to adopt transparent, clear and expedient laws and policies that provide for the

effective disclosure of information held by public authorities and a general right to request

and receive information, for which public access should be granted, except within narrow,

proportionate, necessary and clearly defined limitations;

14. Also calls upon all States to promote and enable public participation, and to

promote transparency, accountability and effective governance, in the prevention of and the

fight against corruption involving State officials, business representatives and other non-

State actors, and in raising public awareness regarding the existence, causes and gravity of

and the threat posed by corruption, including all possible impact on the enjoyment of

economic, social and cultural rights, and further calls upon all States to respect, promote

and protect the freedom of everyone to seek, receive, publish and disseminate information

concerning corruption, including by protecting the actors doing so, including human rights

defenders;

15. Recognizes the important and legitimate role of individuals, groups and

organs of society that are defending human rights in identifying and raising awareness of

human rights impacts, the benefits and risks of development projects and business

operations, including in relation to workplace health, safety and rights, and natural resource

exploitation, environmental, land and development issues, by expressing their views,

concerns, support, criticism or dissent regarding government policy or action or business

activities, and underlines the need for Governments to take the measures necessary to

safeguard space for such public dialogue and its participants;

16. Encourages non-State actors to respect and promote the human rights and

fundamental freedoms of all persons, including their economic, social and cultural rights,

and to refrain from actions that undermine the capacity of human rights defenders to

operate free from hindrance and insecurity, and encourages leaders in all sectors of society

to express public support for the important and legitimate role of human rights defenders,

including women human rights defenders;

17. Underscores in this regard the responsibility of all business enterprises, both

transnational and others, to respect human rights, including the rights to life, liberty and

security of person of human rights defenders, and their exercise of the rights to freedom of

expression, peaceful assembly and association, and participation in public affairs, which are

essential for the promotion and protection of all human rights, including economic, social

and cultural rights, and the right to development;

18. Encourages business enterprises of all categories to avoid, identify, assess

and address any adverse human rights impact related to their activities through meaningful

consultation with potentially affected groups and other relevant stakeholders in a manner

consistent with the Guiding Principles on Business and Human Rights: Implementing the

United Nations “Protect, Respect and Remedy” Framework,4 and underlines the importance

of accountability, including of all business enterprises, both transnational and others,

including their provision of or cooperation in remedial action, and also encourages all

business enterprises to share and exchange best practices, and to communicate externally in

4 See A/HRC/17/31, annex.

an accessible form on how they address their adverse human rights impacts, including with

information that is sufficient to evaluate the effectiveness and adequacy of the response to

the particular human rights impact involved, particularly when concerns are raised by or on

behalf of affected stakeholders, including by human rights defenders;

19. Encourages all States to engage in initiatives to promote effective prevention,

accountability, remedy and reparations with a view to protecting the human rights of

everyone, including human rights defenders, including from human rights abuses by

business enterprises;

20. Encourages States to avail themselves of technical assistance in follow-up to

the present and previous resolutions of the General Assembly and the Human Rights

Council on the protection of human rights defenders, such as through collaboration, based

on mutual consent, with national human rights institutions, regional organizations, the

Office of the United Nations High Commissioner for Human Rights and relevant special

procedures, and other relevant international agencies and organizations, and with other

States;

21. Invites the Secretary-General to draw attention to the present resolution in the

United Nations system and to continue to include alleged cases of reprisal and intimidation

against human rights defenders addressing economic, social and cultural rights, and their

family members, associates and legal representatives, in the annual report on cooperation

with the United Nations, its representatives and mechanisms in the field of human rights;

22. Invites the Special Rapporteur to continue to address the situation of human

rights defenders in the field of economic, social and cultural rights, including good

practices and challenges, in his work and reporting, including through collaboration and

coordination with relevant United Nations agencies, organizations and mechanisms, treaty

bodies and other relevant special procedures, in accordance with the mandate;

23. Decides to remain seized of the matter.

65th meeting

24 March 2016

[Adopted by a recorded vote of 33 to 6, with 8 abstentions. The voting was as follows:

In favour:

Albania, Algeria, Bangladesh, Belgium, Botswana, Congo, Côte d’Ivoire,

Ecuador, Ethiopia, France, Georgia, Germany, Ghana, India, Indonesia,

Kyrgyzstan, Latvia, Maldives, Mexico, Mongolia, Morocco, Netherlands,

Panama, Paraguay, Philippines, Portugal, Republic of Korea, Slovenia, South

Africa, Switzerland, the former Yugoslav Republic of Macedonia, Togo,

United Kingdom of Great Britain and Northern Ireland

Against:

Burundi, China, Cuba, Nigeria, Russian Federation, Venezuela (Bolivarian

Republic of)

Abstaining:

Bolivia (Plurinational State of), El Salvador, Kenya, Namibia, Qatar, Saudi

Arabia, United Arab Emirates, Viet Nam]