TRES\001\11\2015: THEMATIC RESOLUTION ON MEASURES TO PROTECT AND PROMOTE THE WORK OF WOMEN HUMAN RIGHTS DEFENDERS
TRES\001\11\2015: THEMATIC RESOLUTION ON MEASURES TO PROTECT AND PROMOTE THE WORK OF WOMEN HUMAN RIGHTS DEFENDERS
We, the participants of the Forum on the Participation of NGOs in the 57thOrdinary Session of the African Commission on Human and Peoples’ Rights and the 31st African Human Rights Book fair held in Banjul, The Gambia from 31st October–2nd November 2015;
Recognize the many challenges confronting women on the African continent related to the recognition, exercise and enjoyment of their human rights, including the right to freedom of expression, association, and assembly, (ACHPR/245, amended)
Express deep concern about the difficult and extraordinarily dangerous environment in which human rights defenders, including in Africa, conduct their work, which is often characterized by arbitrary arrests and detentions, acts of harassment including judicial harassment, threats and other forms of intimidation, of summary and extra-judicial executions or torture; (ACHPR/196, amended with A/70/270)
Convinced that women human rights defenders face particular barriers to engaging in the defense of human rights and particular risks in the conduct of their work to defend human rights
The NGOs Forum calls upon the African Commission to:
- Encourage Commission members and States Parties to disseminate the report on the situation of women human rights defenders in Africa as widely as possible, in order to ensure full participation in its follow-up by women human rights defenders and civil society organisations;
- Urge States Parties to implement the recommendations of the study, in full consultation with relevant stakeholders, and in particular women human rights defenders; and in this regard,
- Encourage efforts by States Parties to ensure an enabling environment for human rights defenders and civil society to work towards the defence and protection of women’s rights, including by publicly reaffirming the legitimacy of the work of Women Human Rights Defenders and underlining the commitment of the State to protect the work of all Human Rights Defenders, including women.
- Further encourage all States Parties to adopt a specific law to promote and protect the work of human rights defenders, as a key component of protecting and promoting all human rights for all, which should include provisions that recognize and address the specific protection needs of women human rights defenders, consistent with international human rights standards including the UN Declaration on Human Rights Defenders (1998) and principles enshrined in the Declaration of Grand Bay and the Kigali Declaration;
- Call upon States to take immediate steps to identify and eliminate all legal, administrative, and practical obstacles and barriers to women’s equality, including as related to discrimination against women, sexual and gender-based violence, and constraints on their full and effective participation in public and political life, including in defending rights;
- Urge States to ensure that efforts designed to prevent and address violations and discrimination against women human rights defenders and their families, including legislation, programmes and policy measures, are developed and monitored in consultation with defenders, civil society and other relevant stakeholders
- Emphasise that States have the primary responsibility to protect human rights and ensure implementation of obligations aimed at protecting the work of human rights defenders, and in this regard recommends States designate a governmental organ, relevant ministry, legislation commission, or other body to take up the work of implementation of these efforts,
- Further emphasise the important role that a national human rights institution can play in contributing to the promotion of respect for human rights defenders
- Reiterate the need for all organs tasked with the promotion of human rights to have the authority to elaborate, in consultation with defender and civil society groups, specific protection mechanisms for women human rights defenders, which could include inter alia emergency response, investigative expertise, and legal assistance;
- Call strongly on States to end impunity for violations, including by:
- Establishing a transparent and publicly accessible database for recording attacks against Women Human Rights Defenders and for facilitating follow-up by governmental, non-governmental, and community-based actors, while also recognising the need to respect the right to privacy of survivors;
- Ensuring due process in regard to accusations of violations, including impartial investigation;
- Training the judiciary and public security authorities of the specific risks and protections for WHRDs, pursuant to above para(a) and para(b);
- Invite States to report on the progress of implementation of these efforts during presentation of their periodic reports to the ACHPR as well as on a voluntary basis during Commission sessions.
Done in Banjul, The Gambia – 2nd November 2015
