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FWD: Defend your Human Rights
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Date: Mon, 13 Jan 97 09:20:46 CST
Errors-To: @uga.cc.uga.edu:o-imap@xxxxxxxxxxxxxxxxxxxxxxxxx
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Edited/Distributed by HURINet - The Human Rights Information Network
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## author : tmkiss@xxxxxxxxxxx
## date : 12.01.97
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DEFEND YOUR RIGHT TO DEFEND HUMAN RIGHTS
Dear Friends
We have an urgent matter to bring to your attention that requires
immediate action. Below is background information on the UN
Draft Declaration on Human Rights Defenders, which is under
negotiation in Geneva. Please consider whether you and/or your
organization can sign the attached joint NGO statement on the
Declaration and send your responses as soon as possible.
Thank you for your attention!
**************************************************************
Did you know...
* that governments are drafting a Declaration to Protect the
Rights of Human Rights Defenders at the United Nations?
* that negotiations are being held hostage by some
governments' proposals to erode existing standards which
recognize rights to free speech, assembly, access to
information, etc. that are necessary to promote and protect
human rights?
* that the Human Rights Defenders Declaration UN Working Group
will be meeting February 24-28 in Geneva?
* that there is a danger of the Working Group being abandoned
due to lack of progress, or worse, that the Declaration will
approve unacceptable restrictions on human rights advocacy?
* that there is urgent need to for you to speak up now by
contacting us, your government and other UN delegates?
DO NOT DELAY! JOIN US AND DEFEND YOUR RIGHT TO DEFEND HUMAN
RIGHTS!
OVERVIEW
In 1985, the UN Commission on Human Rights established a
committee, called a "working group", to draft a UN Declaration on
the Right and Responsibility of Individuals, Groups, and Organs
of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms. The Working Group, composed of
government representatives, is also open to participation by all
interested NGOs. So far, it has almost agreed on the text of a
declaration. Yet several of the most critical rights for human
rights defenders remain unresolved. It seemed that the
Declaration would be completed in 1992, but a few governments
obstructed its completion by proposing measures that would
restrict the rights of human rights defenders rather than protect
them. The Working Group normally operates by consensus rather
than voting; one country or a handful can block the whole
process. At present, the Working Group has not yet reached final
agreement on the following issues:
* Some governments are insisting on including language that
would require human rights defenders to carry out their work
in conformity with national laws and regulations. In
countries where national laws and regulations do not protect
rights to free speech, association, movement, etc., such an
agreement in a UN text would be very dangerous. In many
countries, national laws fall short of international
standards. Language affirming that international law is the
framework is essential.
* Many delegations have challenged language guaranteeing the
right of defenders "individually and in association with
others, to solicit, receive and utilize voluntary financial
or other contributions, for the purpose of promoting and
protecting, through peaceful means, human rights and
fundamental freedoms". At issue is whether the Declaration
should spell this out specifically or not. For many NGOs,
this is a critical issue. To do a professional job, NGOs
need the freedom to organize and fund their activities. For
certain governments, this is one of the most controversial
issues and it will be difficult for it to emerge as part of
the final draft.
* Other unresolved issues include whether groups have the
right to defend the rights of others as well as one's own
(troubling proposals state that one should only be allowed
to advocate on behalf of one's own rights), the right to
defend those who cannot appoint a representative (such as
the "disappeared" or minor children), and the right to
advocate outside of one's own country.
RESULTS FROM THE 1996 WORKING GROUP SESSION
Because of a stalemate at the week-long 1996 meeting of the
working group, a recommendation was adopted by consensus for the
Chairman-Rapporteur, Jan Helgesen of Norway, to develop an
entirely new, consolidated text. Many delegates to the Working
Group supported this because opposing countries were inserting
ever-increasing and redundant restrictions into the text.
Some of the governments which have been most supportive of a
strong Declaration are considering abandoning it at this point
due to lack of progress. Small participation by NGOs in the
effort gives them the impression that the Declaration is not
important to NGOs, the groups it would protect. For this reason,
we believe that it is essential for NGOs throughout the world to
make their voices heard on this matter before it is too late.
WE ENCOURAGE YOU TO:
* Send a message to governments, including your own, stating:
(1) that they should work for the strongest possible draft
that would protect all human rights defenders and groups;
(2) that they should make sure there are no restrictions on
human rights advocacy; and
(3) that they should not abandon this effort.
(Send them a message by e-mail, letter or fax,
preferably to their UN mission in Geneva).
* Sign on to a joint NGO statement sponsored by the
International Human Rights Council at The Carter Center,
Human Rights Internet and the Jacob Blaustein Institute for
the Advancement of Human Rights. (The text of the statement
is below.)
* Send a message to Jan Helgesen, Chairman-Rapporteur of the
Defenders Declaration Working Group concerning you views on
the Declaration at:
Faculty of Law
University of Oslo
Karl Johans Street 47
N-0162 OSLO
NORWAY
Fax. (47-22) 859-620
Tel. (47-22) 859-737
*****************************************************************
JOINT NGO STATEMENT
ON HUMAN RIGHTS DEFENDERS DECLARATION
We, the undersigned, appeal to member states of the United
Nations engaged in negotiations on the Draft Declaration on the
Right and Responsibility of Individuals, Groups, and Organs of
Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms to work toward completing a
strong declaration, as soon as possible.
Given the importance and precarious nature of the work conducted
by human rights defenders at all levels, it is essential that
this Declaration affirm the vital role of human rights advocates
and their right to promote and protect human rights at home and
abroad.
We believe that stronger efforts must be made to reach an
acceptable text and that this effort must not be abandoned.
Governments should insist on the inclusion in the Declaration of
the following rights of human rights defenders that are still
under discussion. These are core rights which already exist in
other international agreements in other forms and they must be
upheld:
* the right to advocate human rights ideas freely and openly
and to communicate them to others;
* the right to participate in non-violent activities aimed at
promoting observance of human rights;
* the right to use the law and state institutions in the
defense of human rights, and to appeal to them when the
victims cannot do so for themselves;
* the right to form, join or affiliate with national or
international human rights organizations;
* the right to receive and publish information at home and
abroad;
* the right to obtain and utilize the resources necessary for
human rights defense;
* the right to communicate with national and international
NGOs on human rights issues and to have access to
intergovernmental organizations;
* the right to defend human rights in a manner consistent with
international standards, without being constrained national
laws and regulations that fall short if international
standards.
* the right to defend the rights of others as well as oneself
It is our view that compromise on any of these principles
would erode rights that are already guaranteed to defenders by
existing international human rights instruments. We cannot accept
such an outcome. We are counting on the commitment of
justice-minded governments to support the above as a minimal
negotiating position.
Signed,
Name:
Organization:
Address:
Phone:
Fax:
E-mail:
Comments:
Send above to: Human Rights Internet at: <advocacy@xxxxxxxxxxxxxxxxxxx>
************************************************************
FURTHER background information on the Human Rights Defenders
Declaration is being posted on HRI's Web Site:
http://www.hri.ca/uninfo/defender/
Should you have any questions or wish to discuss aspects of
this initiative, feel free to contact:
Laurie S. Wiseberg
Executive Director
Human Rights Internet
8 York St, Suite 302
Ottawa, Ontario K1S 0W1
Canada
Tel (1-613) 789-7407
Fax (1-613) 789-7414
E-mail: <hri@xxxxxx> or <laurie@xxxxxx>