Environmental Human Rights Defenders: Legal Protections across International Borders
Part IV: Other International Instruments
Shared with permission from Tamo Campos, Beyond Boarding.
In Parts I-III of this series, we’ve investigated the role of Environmental Human Rights Defenders, as well as UN Conventions and regional agreements which protect their rights. Part IV will mark the end of our discussion on legal protections, before we delve into two important case studies.
Published in 2016, the “Model National Law on the Recognition and Protection of Human Rights Defenders” composed by the International Service for Human Rights provides guidelines for countries to implement the UN Declaration on Human Rights Defenders. This document was formed with the participation of, and in consultation with, over 500 human rights defenders, and upon completion was “adopted by 28 of the world's leading human rights experts and jurists.”
Used as a translational tool for the Declaration on Human Rights Defenders, this Model National Law speaks to the rights and obligations of EHRDs, the responsibilities of governments and “public authorities,” and the mechanisms which can be used to affirm the country’s commitment to the Declaration. The “Model National Law on the Recognition and Protection of Human Rights Defenders” also contains a list of the various regional agreements and conventions, some of which are prepared by NGOs, that address concerns pertaining to EHRDs.
This comprehensive document outlines principles such as the “Right to exercise cultural rights and to development of personality” (Section 17), which would apply to the cultural practices and knowledge sharing of Indigenous land defenders, as well as the state’s “Obligation to facilitate the activities and work of human rights defenders” (Section 23), which explicitly says that the state must “take all necessary measures to facilitate and protect the exercise of the rights in Part II of this Law” (the ‘Rights of Human Rights Defenders’ and ‘Responsibility to Defend Human Rights’).
Other NGOs such as Protection International have put together accessible (albeit lengthy) resources to better understand and provide insight as to remedies for the current situation, such as:
“Protection of human rights defenders: Best practices and lessons learnt” (2011); Appendix 1: Table of supranational protection systems is an effective starting point for understanding the instruments, structures, and mechanisms available internationally for the protection of EHRDs, especially for those who do not have a working background in the legal field.
“Criminalisation of Human Rights Defenders: Categorisation Of The Problem And Measures In Response” (2015); this report addresses authorities and operators of justice, key stakeholders, international human rights protection organizations, and EHRDs. Capacity building strategies, research, and public actions are recommended to legitimize/prevent the criminalization of this work.
The International Service for Human Rights has also prepared various toolkits, for Diplomats as well as EHRDs themselves, to support best practices. There are several versions of the Tool for Diplomats:
One of which pertains to “Restrictive environments” such as times of civic unrest, war, cultures of impunity, and censorship; this is relevant, for example, to the situation in the Philippines which will be further explored in Part VI.
Another version speaks to intersectional support for Women Human Rights Defenders, acknowledging that gender identity (also applicable to Two-Spirit and LGBTQIA+ identifying folx) could put EHRDs at an increased risk of persecution and violence.
They also uphold EHRDs as “Essential Partners,” stating that the inclusion of human rights defenders by States is necessary in promoting the rule of law, democracy, and human rights in foreign policy.
These fact sheets and toolkit materials are a valuable resource for introducing the responsibilities of diplomatic bodies, governments, and officials to protect these vulnerable groups.
Tune in next time for a Special Case Study on EHRDs in Latin America!
References:
“Model Law”, (23 May 2019), online: International Service for Human Rights.
“Strengthening diplomatic initiatives for the protection of human rights defenders,” (2019) online: International Service for Human Rights.
Adapted from an Academic Paper submitted for International Environmental Law, Osgoode Law Hall & the Faculty of Environmental and Urban Change, York University; 2020.
