Human Rights First calls upon the Arab League to ensure that the new Arab Charter advances human rights protection in the region and, in particular, that it guarantees the independence and freedom to work of local and regional human rights defenders. Individuals and organizations working to promote and protect human rights are crucial partners for states in ensuring compliance with their obligations under international human rights law, and in promoting democracy and the rule of law.

However, in many Arab countries such defenders are viewed with suspicion and face obstruction, harassment, arrest and violent attack. For example, in Saudi Arabia, eleven university professors and other writers and intellectuals who issued a public statement criticizing a newly formed governmental human rights commission and calling for human rights reforms in the Kingdom were imprisoned on March 15. Human rights defenders in Tunisia, the host of the summit meeting, continue to be subjected to repression and harassment, including physical attacks by government agents.

The 1998 U.N. 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 the appointment in 2000 of a U.N. Special Representative on Human Rights Defenders recognize the special needs of human rights defenders as well as the importance of their work. The Arab Charter should reflect the principles contained in the 1998 Declaration and provide basic safeguards that are essential for human rights defenders working in the region.

Specific provisions of the new draft of the Arab Charter that are of particular importance to human rights defenders include article 12, on the independence of the judiciary. Human rights defenders are often detained and prosecuted as a consequence of their legitimate, peaceful activities in support of human rights, and it is therefore crucial that an independent and impartial judicial system is in place to protect the rights of such defenders.

The case of Ashraf Ibrahim, an Egyptian activist and human rights defender prosecuted on charges of attempting to overthrow the government and disseminating false information abroad harmful to state interests, is illustrative of the importance of judicial independence. Ibrahim was detained for five months before being charged, and was finally acquitted by a court after almost a year of detention, on grounds that there was no evidence against him. The activities that led to his detention and prosecution included “sending information to international human rights organizations” – an activity that is clearly protected under the Defenders Declaration. While Ashraf Ibrahim’s eventual acquittal is welcome, he should never have been detained and prosecuted in the first place. His detention is an example of the misuse of the judicial system to silence and intimidate human rights defenders. The Arab Charter should contain detailed safeguards ensuring judicial independence.

Freedom of expression, association and assembly is also of particular importance to the work of human rights defenders, and the Arab Charter should ensure full respect for these rights. Human Rights First is concerned that the language of article 32 of the new draft, stating that freedom of information and expression “shall be exercised in conformity with the fundamental values of society,” might be used to impose unjustifiable limitations on the exercise of protected rights. Any limitations on these rights should be applied only in extremely narrow circumstances. States should not be permitted to justify limitations on rights on vague grounds of national security or cultural specificity.

Article 5 of the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in 1993, a major U.N. conference attended by almost all members of the Arab League, stated:

While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

To better ensure the basic freedoms necessary to the work of human rights defenders, there should be a presumption against limitations on the right to freedom of expression and information with regard to human rights defenders.

Full exercise of freedom of association is necessary for many human rights defenders who seek to form non-governmental organizations (NGOs) and other groups. The Arab Charter should clarify that the right to freedom of association, contained in article 24, includes not only the right to form and join a human rights organization, but also the ability of that organization to operate effectively and independently, without government interference. The right encompasses the receipt of funding for the pursuit of human rights work and protects against overly restrictive or arbitrary registration procedures. There should also be a presumption against limitations on the rights to freedom of association and assembly for human rights defenders, as these cannot be considered “necessary in a democratic society.”

Increasingly, in many parts of the world, restrictions are being placed on the work of human rights defenders on the grounds that this is necessary to protect national security or to effectively combat terrorism. Human Rights First unequivocally rejects such arguments and calls upon the states of the Arab League to recognize the importance of respect for human rights in their efforts to ensure security. The adoption of a new Arab Charter on Human Rights, with full protection for the work of human rights defenders, would be a tremendous step towards both greater realization of human rights and protection of national security throughout the region.