EU Presidency Statement - Human Rights Defenders

Mr/Mme Chairperson,

Gerson Jesus Bispo, Brazil
Chea Vichea, Cambodja
Esperanza Amaris Miranda, Colombia
Dekendra Raj Thapa, Nepal
Rashid Manahan, Philippines
Nikolay Girenko, Russian Federation
Charoeon Wat-aksorn, Thailand

These are the names of some of the human rights defenders who were killed since the last session of the Third Committee of the UN General Assembly. And why? Because they provided information to the Special Rapporteur on extrajudicial, summary or arbitrary executions? Because they were active in teachers unions? Because they were defending land rights? Because they were promoting and facilitating peace programmes? Surely all of us agree that these are not reasons to be killed. Concerted efforts from all are needed to prevent other human rights defenders from facing a similar fate. Therefore the EU is seriously concerned about the situation of human rights defenders not only in the countries just mentioned, but in all countries in which human rights defenders are under severe pressure.

I have the honour to speak on behalf of the European Union. The Candidate Countries Bulgaria, Romania and Turkey, the Countries of the Stabilisation and Association Process and potential candidates Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, and the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

Chairperson,

Human rights defenders need protection.

In many countries human rights defenders continue to be targeted in their professional capacity as lawyers, journalists, doctors, as members of non-governmental organisations, as community leaders, as civil servants or students. They suffer from intimidation and harassment, are being arrested, held in detention and their right to life, and their mental and physical integrity are being violated.

In still too many countries human rights defenders are particularly vulnerable. UN Special Representative Ms. Hina Jilani noted an increase in targeting officials working as judges, ombudspersons, prosecutors and members of ministries, parliaments and national human rights institutions for their work in the defence of human rights, in particular in connection with the enforcement of the rule of law.

The Special Representative for Human rights defenders has also pointed out that human rights defenders are especially vulnerable to attacks just after publicising reports, articles, petitions and open letters, criticising the government; when investigating human rights abuses; when travelling to conferences, seminars, workshops and meetings or coming back from these events; or during the run-up to and the aftermath of an election.

The EU urges the international community to be particularly attentive during these moments of vulnerability and calls upon all States to do their utmost to protect all human rights defenders and safeguard their fundamental rights and ensure a safe working environment.

Chairperson,

Human rights defenders need support.

Every society should leave room for independence of mind and free debate on a government's policies and actions. All governments should recognise that criticism based on universally agreed human rights standards, is essential for a viable and stable society. States should, therefore, let human rights defenders fulfil their important tasks. Human rights defenders deserve protection and support, for they pose not a threat, but are our conscience.

Support can also be enhanced by human rights defenders themselves. Especially those human rights defenders who are engaged with running a human rights organisation can increase their legitimacy and credibility by being fully accountable and transparent on their activities and by enlarging their constituencies.

Sadly, the rise of terrorism and anti-terrorist measures has had in some cases a negative impact on the situation of human rights defenders. The EU, being fully aware of the threat that terrorism poses to governments, calls upon all States to respect human rights and fundamental freedoms, the rule of law and humanitarian law when combating terrorism. The EU remains worried at the increase of instances in which national security and counter-terrorism legislation and policies are misused to target human rights defenders or hinder their work and safety.

In its Statement at the 60th Session of the Commission on Human Rights, the EU supported the excellent work of the Special Representative and welcomed her report to the Commission. The Union expressed its concern on the violations of the rights of Human Rights Defenders highlighted therein. On this occasion, the European Union, once more, has taken the opportunity to call for special attention for human rights defenders; the need for their protection and support as outlined in 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, by the General Assembly in 1998.

Chairperson,

Support for Human Rights Defenders constitutes a long established element of the external relations' policy of the European Union in the field of human rights. In order to fulfil its obligations under the aforementioned Declaration of 1998, the Council of the European Union on the 15th of June 2004, adopted Guidelines on Human Rights Defenders.

These guidelines will support and strengthen ongoing efforts by the Union to promote and encourage respect for the right to defend human rights. They were drafted by the Irish presidency in close collaboration with Non Governmental Organizations. The guidelines provide practical suggestions for enhancing EU action and will be used in contacts with third countries at all levels, as well as in multilateral human rights fora.

The guidelines also provide for interventions by the European Union in order to support Human Rights Defenders at risk and suggest practical means to support and assist them. An important element of the guidelines is support for the Special Procedures of the UN Commission on Human Rights, including the UN Special Representative on Human Rights Defenders and appropriate regional mechanisms to protect Human Rights Defenders. In December 2004, a NGO Forum will be organised by the EU Presidency on the implementation of the EU Guidelines. One of the anticipated concrete outputs of the forum will be a handbook for EU-missions on promoting and protecting the work of human rights defenders.

The European Union believes that Human Rights Defenders deserve to be defended themselves. Together with Latin American and Caribbean countries, we have expressed our dedication to the cause of Human Rights Defenders, in Guadalajara, Mexico in May, this year. At that meeting we have pledged our full commitment "to provide coherent and effective support to those individuals, organisations or institutions, including human rights defenders, working for the promotion and protection of human rights, in accordance with international law and the Declaration adopted in UN General Assembly Resolution 53/144."

All States have expressed their full commitment to the cause of human rights defenders, by adopting the declaration in 1998. We all have recognised the right of everyone to promote and strive for the protection and realisation of human rights and fundamental freedoms at the national and international level. We must now deliver on these commitments. We, as States, cannot protect and promote human rights without the critical voice of the human rights defenders. Defending human rights defenders is part and parcel of States' obligation to protect and promote human rights.

Thank you, Mr/Mme Chairperson.

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