Hina Jilani, the Special Representative of the Secretary-General on human rights defenders, told Committee members there had been insufficient interest in the seriousness of the cases of human rights defenders being killed or threatened by the governments concerned. There were 31 cases of death threats transmitted to various governments since August 2000, as well as 11 communications concerning the issue of impunity. The response of governments in cases brought to their attention had not been satisfactory.

Ms. Jilani was one of three Special Representatives to address the Committee during the meeting. A fourth had his statement delivered for him.

Impunity, Ms. Jilani said, was of the foremost concerns of her mandate, and had become the most serious human rights problem in many countries. It was also a significant factor in enhancing the risks attached to the work of human rights defenders. Exposing human rights violations and seeking redress for them was largely dependent on the degree of security enjoyed by human rights defenders. Addressing the issue of impunity with respect to defenders was, therefore, a critical element in the promotion and protection of human rights.

Government representatives engaged in an interactive dialogue with the speakers following their presentations.

Background

This afternoon, the Third Committee (Social, Humanitarian and Cultural) continued its consideration of human rights matters in a meeting devoted to a dialogue with Special Rapporteurs and Representatives of the Commission on Human Rights, including the Commission's Special Representative on the situation of human rights in Iran,. Maurice Copithorne; the Special Representative of the Secretary-General for human rights in Cambodia, Peter Leuprecht; and the Special Representative of the Secretary-General on human rights defenders, Hina Jilani.

Bacre Ndiaye, Director of the New York Office of the High Commissioner for Human Rights, who was expected last Friday to make a statement on behalf of the Representative of the Secretary-General on the protection of and assistance to internally displaced persons, will do so this afternoon.

The Committee also has before it a note of the Secretary-General transmitting the report of the Special Representative of the Secretary-General on Human Rights Defenders (document A/56/341). The report, the first from the Special Representative, Hina Jilani, contains issues of special concern to her arising from communications she received from governments, non-governmental organizations and individual defenders during the past year. Those include impunity in cases of threats and attacks against human rights defenders, as well as legal action and intelligence activities aimed at them.

According to the report, Ms. Jilani, whose mandate was established last year, has received numerous complaints related to human rights defenders around the world. From October 2000 to August 2001, the Special Representative transmitted 82 urgent appeals to governments, as well as nine allegation letters. Six press statements were issued over that period. Further, she also undertook her first country visit to Kyrgyzstan from 30 July to 4 August 2001. Overall, she noted with concern that, in general, governments have either failed or neglected to investigate complaints of attacks and threats against human rights defenders and to punish perpetrators.

The report goes on to state that the responses Ms. Jilani has received from governments on 31 cases of death threats and 11 communications concerning impunity have not been satisfactory. The lack of transparency and accountability in the functioning of State institutions has added to the culture of impunity. Among the report's conclusions, the Special Representative notes that a major reason for the lack of progress in creating an enabling environment for the promotion of human rights and the protection of defenders is the continuing level of tension between the State and civil society. To that end, governments should increase their tolerance for dissent and cease to view human rights defenders as adversaries.

Statement by Special Representative on Human Rights Defenders

HINA JILANI, Special Representative of the Secretary-General on Human Rights Defenders, said the present report contained issues of special concern arising out of communications that had been received from governments, non-governmental organizations (NGOs) and individual defenders in the course of the implementation of the mandate. The issue of impunity for human rights violations was of the foremost concerns. The culture of impunity persisted and had become the most serious human rights problem in many countries. It was also a significant factor in enhancing the risks attached to the work of human rights defenders. Exposing human rights violations and seeking redress for them was largely dependent on the degree of security enjoyed by human rights defenders. Addressing the issue of impunity with respect to defenders was, therefore, a critical element in the promotion and protection of human rights.

Despite the seriousness of the cases in which human rights defenders had been killed or had suffered threats and acts of intimidation, there had been insufficient interest on the part of the governments concerned to investigate complaints and to punish perpetrators, she said. Thirty-one cases of death threats had been transmitted to various governments since August 2000, as well as 11 communications concerning the issue of impunity. The response of governments in cases brought to their attention had not been satisfactory. It was only in very few cases that results or even encouraging progress could be reported. Human rights violations committed by non-State entities were increasing, and their targeting of human rights defenders gave cause for alarm. Commitment to the protection and promotion of human rights was incomplete without ending the culture of impunity, which was a source of great consternation amongst human rights groups, NGOs and individual defenders. The establishment of the International Criminal Court was seen as a positive development towards ending the climate of impunity.

Ms. Jilani said another matter of deep concern was that of legal actions against human rights defenders. Reports received, and other information gathered, strongly indicated that criminal prosecution and judicial repression was being used to silence human rights defenders and to pressure them into discontinuing their activities. Twenty communications had been sent to various governments on that issue. Laws on public order, morality, national security or emergency and sedition, or regulations on forming associations or receiving foreign funding were frequently being used to deprive defenders of their liberty, freedom of association, freedom of expression and assembly and freedom to carry on their profession.

Governments had demonstrated a disturbing tendency to view human rights activity as being against national interest and a threat to national security, she said. The resilience of human rights defenders who continued to do their work despite adverse circumstances was extremely impressive. Human rights defenders played a significant role in inducing recognition by States of the concepts of fundamental freedoms, participatory democracy, transparency and accountability.

Dialogue with Special Representative on Human Rights Defenders

The representative of Belgium, on behalf of the European Union, asked if Ms. Jilani would start working with States in developing their national laws? Was lack of political will a chief problem? What kind of role would be played in addressing this problem? Could she refer more to the problem of impunity?

The delegate of Singapore said she wanted to learn more about the Special Representative's methods of work. What were the geographic origins of the complaints?

The representative of Egypt said the international community had a duty to support the work of human rights advocates. Missing from the report, however, was the responsibility of human rights defenders. Their responsibilities had to be spelled out. They were not allowed to violate local laws.

The delegate of the Sudan asked for a clarification of human rights advocates.

Ms. JILANI said regional seminars had been held in Senegal and Mexico, which was a good way to learn about the issues that were common to a particular region. The seminars were not just sources of good information on violations and violators, but they were chances for defenders to talk about the best methods of doing their work. There would be a similar seminar in Bangkok in the next week.

The lack of support for international human rights standards made it difficult to deal with national laws, she said. Better cooperation from States should be sought in this area. The very fact that this mandate was created was an acknowledgement of the value of the work of human rights defenders. Their work had to be overseen by the international community so human rights were protected and promoted. There had to be movements on the national level, however, to protect those defenders.

Concerning impunity, she said, it was a very serious human rights problem. Several complaints had been received, and they had been forwarded to governments, but little attention had been paid to them. Human rights violations had to be investigated and prosecuted.

Ms. Jilani said the methods of work were the same as those employed by other human rights mechanisms. The Special Representatives received complaints, but she also took a proactive approach and sought complaints. It was important to verify the information received before any communication was sent to a government. No communication was sent without verification of at least three or four sources. There was no region of the world that was free from complaints and from communications about complaints.

Concerning the responsibility of human rights advocates, she said the State had the responsibility to adopt steps that might be necessary to create conditions to ensure that all persons were able to enjoy all human rights and fundamental freedoms. Human rights defenders had the duty to play a role in safeguarding democracy, and protecting and promoting human rights and fundamental freedoms.

The representative of Cuba said that ever since the beginning of the mandate, emphasis had been put on protection and defence of the defenders, andtheir responsibilities had been side-stepped. How could the international community ensure that the defenders lived up to their responsibilities?

The delegate of ...... said she appreciated the Special Representative's delicate work and shared the view of the Special Representative that the work of regional seminars was important.

Ms. JILANI said Cuba raised questions that it had already raised in a communication to her, and the Special Representative referred her to the printed response for a more in-depth answer.