Human Rights Council focuses on women human rights defenders in Second half of Annual discussion on women's human rights

Human Rights Council 
MORNING  

26 June 2012

The Human Rights Council this morning held the second part of its full-day annual discussion on women’s human rights, focusing on women human rights defenders.

Opening the discussion,  Laura Lasserre Dupuy, President of the Human Rights Council, said that today’s panel would focus on the effectiveness of mechanisms established by States to protect women human rights defenders and it was hoped that there would be recommendations on their protection, including engagement with international and regional human rights protection mechanisms. 

Mona Rishmawi, Chief of Branch at the Office of the High Commissioner for Human Rights, speaking on behalf of the Deputy High Commissioner for Human Rights Kyung-wha Kang, said women human rights defenders had always been a part of the human rights movements as well as other social movements, although their contribution had not always been adequately recognized.  They faced the same threats as men, and also faced additional risks and threats because of their gender. 
The aim of the panel today was to understand those risks and threats and offer recommendations on how best to support their work and ensure that protection mechanisms were more responsive to their situations. 

The panelists were Margaret Sekaggya, Special Rapporteur on human rights defenders; Sunila Abeysekera, International Coalition for Women Human Rights Defenders; Jose de Jesus Orozco, Special Rapporteur on human rights defenders, Inter-American Commission on Human Rights; and Nazar Abdelgadir, Geneva Institute for Human Rights.

Ms. Sekaggya said that there were various violations which both women and men human rights defenders commonly suffered from, including threats, death threats, killings, arrests, detention, criminalization and stigmatization.  However, there were differences when it came to women human rights defenders.  The violations suffered by them took a gender-specific form ranging from verbal abuse based on sex, to sexual abuse and rape, and this was especially common in conflict areas. 

Ms. Abeysekera said there were four key trends of violations of women human rights defenders that were brought to the attention of the Council: brutal violations suffered by those who worked on issues of people’s rights to land, water and a clean environment; violations confronted by women human rights defenders who worked on reproductive rights and on rights related to sexuality; violations confronted by women human rights defenders who organized and mobilized communities; and women human rights defenders who lived in societies in political transition.

Mr. Orozco said that the Inter-American Commission on Human Rights had acknowledged that women human rights defenders faced a situation of risk which was more serious than that of other human rights defenders, and the problem had not disappeared but worsened in some counties; this situation was closely linked to gender stereotypes and discrimination which were aggravated in specific contexts.   He underlined the importance of increasing awareness on protective mechanisms available in support of the work of human rights defenders.

Mr. Abdelgadir said that at the beginning of the Arab Spring women human rights defenders were one of the drivers of the revolution given their desire for change, including rural and working women, and their desire to find a path of deliverance after years of oppression.  He asked if women had throughout the Arab Spring found their proper space in society, and responded by saying that men continued to monopolize decision-making positions in these countries since the Arab Spring revolutions. 

In the discussion, speakers said that women human rights defenders were exposed to manifold violence, especially in situations of armed conflict.  Notwithstanding violence and threats of violence that women human rights defenders and their families experienced, they had succeeded to achieve tremendous changes in laws and practices.  Concern was expressed about nations where violence against women human rights defenders, including stigma, arbitrary arrest and detention, sexual violence and rape occurred with impunity.  Government action was often insufficient to address the gender dimensions of the violence against women human rights defenders. 

Speaking in the discussion were Australia, Slovenia, Senegal on behalf of the African Group, Algeria, Chile on behalf of the Latin American and Caribbean Group, Lithuania, Syria, Austria, Argentina, Spain, Czech Republic, Cuba, Norway, Kyrgyzstan, Ireland, Sudan, Switzerland, Netherlands, United Kingdom, Sri Lanka, European Union, Poland, Pakistan, France, Uruguay, United States, Turkey, Canada, and Germany.

The following non-governmental organizations also took the floor: Association for Women’s Rights in Development (in a video message), Human Rights Watch, Verein Sudwind Entwicklungspolitik, European Region of the International Lesbian and Gay Federation and International Service for Human Rights.

The first part of the annual full-day discussion on women’s human rights was held on 25 June in the afternoon, focusing on remedies and reparations for victims of violence and the summary can be seen here.

The Council today is holding a full day of meetings.  During its midday meeting, the Council will conclude its clustered interactive dialogue with the Special Rapporteur on the independence of judges and lawyers and the Special Rapporteur on violence against women. 

Opening Remarks

LAURA LASSERRE DUPUY, President of the Human Rights Council, said that today’s panel focused on women human rights defenders who faced many threats including death, sexual violence and rape.  The panel would focus on the effectiveness of mechanisms established by States to protect women human rights defenders and it was hoped that there would be recommendations on their protection, including engagement with international and regional human rights protection mechanisms. 

MONA RISHMAWI, Chief of Branch at the Office of the High Commissioner for Human Rights, speaking on behalf of the Deputy High Commissioner for Human Rights KYUNG-WHA KANG, said that human rights movements were driven by human rights defenders who worked tirelessly for the advancement of human rights in all regions of the world.  Some of those defenders became household names, such as Nelson Mandela, Martin Luther King or Aung San Suu Kyi.  Women human rights defenders had always been a part of the human rights movements as well as other social movements, although their contribution had not always been adequately recognized.  They faced the same threats as men, and also faced additional risks and threats because of their gender.  The aim of the panel today was to understand those risks and threats and offer recommendations on how best to support their work and ensure that protection mechanisms were more responsive to their situations. 

Women human rights defenders were working within the context of gender equality which was still present everywhere.  In many parts of the world, women standing up and speaking out defied the traditional understanding of women’s role in the society.  The Office of the High Commissioner highly valued the role of women human rights defenders and provided training on a range of issues relevant to their work, helped establish networks of human rights defenders and was directly involved in providing legal assistance to human rights defenders.  Public support of the High Commissioner was extremely valuable as well and drew international attention to the situation of women human rights defenders.  The panel today was an opportunity to expand the understanding of the work of the women human rights defenders, understand the risks and challenges they faced and discuss mechanisms that would enable them to carry out their work.  All should be human rights defenders and at the very least everyone should support those who were.

Statements by the Panellists

MARGARET SEKAGGYA, Special Rapporteur on human rights defenders, said that there were various violations which both women and men human rights defenders commonly suffered from, including threats, death threats, killings, arrests, detention, criminalization and stigmatization.  However, there were differences when it came to women human rights defenders.  The violations suffered by them took a gender-specific form ranging from verbal abuse based on sex, to sexual abuse and rape, and this was especially common in conflict areas.  It was also necessary to note that women were taken as challenging accepted social norms, culture or traditions, or sometimes taken as challenging religious prescriptions and subsequently stigmatized.  Patriarchy gave division of labour, allocation of tasks on the basis of sex and therefore brought in gender discrimination and lack of protection of human rights for women.  Gender stereotyping was very important to note.  Quite often States used their security agencies to quell demonstrations, violence, and in many instances, violence against women was very prominent.  Women human rights defenders were often targeted by paramilitary forces as well as State agents during their activities.  The struggle for economic, social and cultural rights was now more critical than ever.  Women human rights defenders fought for a broad range of rights including indigenous, environmental, health, and gay rights.  All these rights were fragile.  In the process of demanding accountability, women were often robbed of their livelihoods.  The previous Special Rapporteur had said that women human rights defenders advocating for those rights was a matter of survival and entitlement.  Patriarchal power, globalization, militarization and religious and cultural extremism, all affected women human rights defenders in a very serious manner.  It was important to realize that women human rights defenders needed specific attention because the suffering they underwent in their work sometimes exceeded that of their male counterparts.

SUNILA ABEYSEKERA, International Coalition for Women Human Rights Defenders, said that the Coalition for Women Human Rights Defenders defined women human rights defenders as women who defended human rights and all those who defended human rights and the rights of people on the basis of gender and sexuality.   They faced the same risks that were faced by all human rights defenders but in addition were exposed to gender-based violence and gender specific attacks in both the public and private spheres.  Violations were carried out by States and non-State actors, including family members, community and religious leaders, private corporations and mercenaries.  Experiences around the world showed that the context in which violations took place was as important as the nature of those violations.  There were four key trends of violations of women human rights defenders that were brought to the attention of the Council: brutal violations suffered by those who worked on issues of people’s rights to land, water and a clean environment; violations confronted by women human rights defenders who worked on reproductive rights and on rights related to sexuality and violations of the rights of women human rights defenders advocating for equality and non-discrimination for people who espoused or engaged in non-normative behaviour; violations confronted by women human rights defenders who organized and mobilized communities; and women human rights defenders who lived in societies in political transition who demanded their equal right to participate in rebuilding their societies and their structures of governance.  The Coalition emphasized that the development of effective and gender-sensitive responses that could support and protect women human rights defenders had to address both the specificity of each case as well as the broader social and political structure that rendered them more vulnerable to violations.  

LAURA DUPUY LASSERRE, President of the Human Rights Council, said that having identified some of the threats against women human rights defenders, it was important to address relevant mechanisms available.  Ms. Dupuy Lasserre asked Mr. Orozco what international, regional and national mechanisms were relevant to address this situation; and what measures had been taken by the Inter-American Commission on Human Rights to address this situation.

JOSÉ DE JESUS OROZCO, Special Rapporteur on human rights defenders, Inter-American Commission on Human Rights, said he would refer to measures recently taken in the American context, and existing mechanisms for the protection of women human rights defenders.  There was an increasing consensus in America concerning the responsibility of States to grant special protection and, since 1994, the Commission had a special office dealing with human rights and women.  A resolution of the General Assembly of the Organization of American States had also acknowledged the role of women human rights defenders and their need for special protection, in the light of efforts, specific threats and needs.  The Inter-American Commission on Human Rights had acknowledged that women human rights defenders faced a situation of risk which was more serious than that of other human rights defenders, and the problem had not disappeared but worsened in some counties; this situation was closely linked to gender stereotypes and discrimination which were aggravated in specific contexts.   Obstacles also arose from problems faced by poor and remote areas concerning access to justice; and, more importantly, the existence of language and legislation that reproduced the discourse of gender stereotypes and the characterization of women which reinforced their subordination in society.  Over half of the measures granted by the Commission had women human rights as beneficiaries; these had also been submitted to the Inter-American Court concerning actions by States in cases of violence against human rights defenders.  Finally Mr. Orozco underlined the importance of increasing awareness on protective mechanisms available in support of the work of human rights defenders, this was the task of the Commission but it should also be that of States and civil society.

LAURA DUPUY LASSERRE, President of the Human rights Council, asked Mr. Abdelgadir to share his views and ideas on the role played by women human rights defenders in creating change in the Middle East and Northern Africa region, specially in the context of recent changes associated with the Arab Spring; were women’s voices being heard sufficiently at a time when countries underwent change and reform?

NAZAR ABDELGADIR, Geneva Institute for Human Rights, said that at the beginning of the Arab Spring women human rights defenders were one of the drivers of the revolution given their desire for change, including rural and working women, and their desire to find a path of deliverance after years of oppression.  Arab women were presenting a new image of themselves and women human rights defenders had taken to the streets to reject a situation that traditionally had prevented them from acting and to demand a proper role for themselves and their children, so that they could fulfill their potential.  Women human rights defenders organized peaceful demonstrations during the Arab Spring; they organized themselves through the Internet and social media and were at the forefront of these demonstrations.  They tackled legal, political, social and cultural challenges; and, despite dangers, women conducted peaceful activities to promote and protect human rights.  It would be impossible to imagine the challenges they were facing.  When considering the situation of human rights defenders, the broader context should be taken into account, including the desire for social and environmental justice.  Had women throughout the Arab Spring found their proper space in society?  Men continued to monopolize decision-making positions in these countries since the Arab Spring revolutions.  The same was true with regards to the composition of Parliaments elected, where less than 2 per cent were women.  In conclusion, despite the effective and active participation of women in the Arab Spring movement, it was clear that they had not been recognized in the elections that took place thereafter. 

Discussion

Women human rights defenders were exposed to manifold violence, especially in situations of armed conflict, said the African Group, which had recognized the important role human rights defenders played in the promotion of democracy and human rights and had appointed in 2004 a Special Rapporteur for human rights defenders.  Notwithstanding violence and threats of violence they and their families experienced, women human rights defenders had succeeded to achieve tremendous changes in laws and practices, noted Lithuania.  The violence against women human rights defenders was often an indicator of gender inequality and discrimination against women said Chile on behalf of the Latin American and Caribbean Group and noted that any mechanism for the protection of human rights defenders must include the specific situation of women. 

Australia expressed concern about the nations where violence against women human rights defenders, including stigma, arbitrary arrest and detention, sexual violence and rape occurred with impunity and asked how role models and women in leadership could help protect and empower women human rights defenders.  Slovenia asked what legal framework could protect women human rights defenders against violence and threats and criminalization of their work and the Czech Republic wished to hear what kind of effective action the international community could undertake to help women human rights defenders and their families who despite the imminent danger did not want to leave their countries.

Responding to violations against women human rights defenders required specific responses and strategies but started with a simple recognition of women to stand up against human rights violations and demand accountability for the perpetrators, said Norway.  Women were best placed to evaluate risks to themselves and their families and had to be involved in the design and implementation of protection programmes, which could not be provided by the same institutions of State agents accused of being the violator or threat.  Government action was often insufficient to address the gender dimensions of the violence against women human rights defenders, said Human Rights Watch and called for recognition of women human rights defenders and dismantling of the legal barriers to full equality of women and their participation in public and political life.

Austria strongly welcomed the panel discussion on women’s human rights and said that women journalists and media professionals working on human rights issues appeared to be exposed to particular risks as a result of their work.  The establishment of national protection mechanisms was key in order to guarantee a safe environment for human rights defenders, but it was important to integrate a gender perspective and address the specific risks and security needs of women human rights defenders.

This panel opened new avenues for reflection, said Spain and Cuba agreed that much remained to be done for the protection of women human rights defenders and women in general.  Algeria recognized the important role women played in all walks of life, and particularly in public and political life and Syria drew the attention of the Council to the suffering of women in the Occupied Syrian Golan.  Women human rights defenders were instrumental in Argentina in post-conflict environments and the fight against military dictatorships.  Kyrgyzstan outlined the progress made in the country in the protection and empowerment of women rights and noted the ongoing challenges in their economic empowerment, education and elimination of discrimination against women.

JOSÉ DE JESUS OROZCO, Special Rapporteur on human rights defenders, Inter-American Commission on Human Rights, responding to questions concerning the experiences and best practices in the American region, said that with regard to protection mechanisms for women human rights defenders provided by the Inter-American Commission, public hearings were an instrument that had been useful for addressing the issue of human rights defenders, and noted that it was not used in the United Nations system.  Mr. Orozco indicated that over 40 public hearings had been held concerning human rights defenders, including States and civil society. Furthermore, a central tenant for the region was the fight against impunity.  In some countries protocols for the prosecution of crime already included specific measures to investigate attacks against human rights defenders by giving explicit consideration to the vulnerabilities of human rights defenders.  Taking into account specific vulnerabilities arising from gender was also important

MARGARET SEKAGGYA, United Nations Special Rapporteur on the situation of human rights defenders, said that States should recognize good practices and examples from programmes implemented at the international level to avoid duplication, and stressed the need for close collaboration with human rights defenders in the design of policies.  Some countries, like Guatemala, Brazil and Colombia had implemented different national policies and programmes for protection; preventive measures would allow Governments to establish which violations were likely to occur.  Moreover, additional efforts to improve documentation were also necessary.  At the international level, for example, the Secretary-General’s report on reprisals included relevant examples.  Material resources for the protection of women human rights defenders were needed, personnel should be qualified from a gender perspective.  Concerning questions on cultural practices, it should be possible to enact legislation and carry out prosecutions against the use of cultural practices for the detriment of women’s dignity.  It was possible to work with communities to change attitudes and promote support; in this context, the media aspect was also important for women human rights defenders to be able to fully engage with their societies.

NAZAR ABDELGADIR, Geneva Institute for Human Rights, made recommendations on how countries in transition could establish protection mechanisms so that women human rights defenders could continue their work in safety.  First, training was extremely important for both State and non-State actors and for civil society organizations working in the field of human rights.  International instruments should have primacy over the national legislation.  Third, immediate investigation into violations committed by State actors against women human rights defenders must be conducted and additional and adequate funding must be provided to ensure physical and psychological protection of women human rights defenders, who must be involved, particularly in the consultation process, in the design of protection mechanisms.  The positive experience of other regions should be used in setting up specific mechanisms to eliminate violence against women and protect human rights defenders.

SUNILA ABEYSEKERA, International Coalition of Women Human Rights Defenders, made recommendations on how the whole United Nations human rights system could work in protecting women human rights defenders and said that the fight against impunity was critical in combating violence against women and protecting women human rights defenders.  There were serious issues with regard to due process, rule of law and impunity; asking for use of legal framework for protection in such spaces was difficult.  Women must constantly struggle with the duality of their roles as human rights defenders and mothers and care givers; many of the protection measures for human rights defenders including relocation programmes did not provide equal accessibility for women and men human rights defenders.  Therefore, it was extremely important to urge national human rights institutions to create dialogue with States and non-State actors on gender dimensions of protection programmes and mechanisms.  It was extremely important for the creation of protection mechanisms within the environment and context in which women operated.

Ireland said that responding to violations against women human rights defenders required specific responses and strategies and it was of fundamental importance to identify the context within which they worked.  Ireland and the United States shared the belief that documenting the experience of women human rights defenders was also of crucial importance.  Crimes against women human rights defenders could go undocumented, either because gender-disaggregated data was not collected or because such violations and abuses occurred within a framework that did not recognize gender-based violence as a politically motivated tactic.  Comments on best practices would be welcomed from the panelists. 

Switzerland said that in the event of a violation of the rights of women human rights defenders, it was the State’s responsibility to avoid impunity of perpetrators whether or not these were State or Non-State actors.  The United Kingdom said that tackling impunity, finding accountability and ending violence were fundamental to women’s empowerment and creating an environment where they could work.  It also called on all Governments to see all human rights defenders including women human rights defenders as legitimate actors working in the interest of their countries.  Canada said in many countries women did not have full legal equality, making them particularly vulnerable.  There should be ceaseless efforts to seek appropriate mechanisms to identify, prevent and address violations.  Turkey said that the protection of human rights defenders and their support should be a key component of State strategies in the human rights sphere.   France said the international community had to commit itself to the strengthening of the effectiveness of mechanisms to combat violence against women.  Synergy between the different United Nations mechanisms concerned and good practices had to be highlighted.

Netherlands said that human rights defenders empowered other women to make decisions in society as well as in their own lives.  Every opportunity should be grasped to highlight examples of leadership and support those persons and their contribution to the respect of human rights.  Along those lines, Sri Lanka said it was noteworthy that during conflict as well as in the post-conflict phase in the country, women civil society members of all ethnicities from all provinces made a significant contribution to the provision of relief to those affected by the conflict.  Pakistan said it had been observed that women human rights defenders working at the grass-root level had generally been unacknowledged.  It would appreciate guidance from the panel of how contribution by these could be systematically lauded at the national level.  Sudan said that women human rights defenders should be encouraged by international and regional mechanisms to work in line with the framework of national laws and policies, and to be real partners with the government in the promotion and protection of human rights.

The panel was questioned on existing best practices in various areas.  The European Union said it would welcome comments from the panel on best practices which had been put in place either by women human rights defenders themselves or State, regional or international mechanisms to effectively combat the reality of gender-based violence against them, and ensure that those responsible were held accountable.   Could the panel also give examples of preventive mechanisms which exhibited a gender-specific programme for the protection of women human rights defenders?  Poland asked for views from the panel on how the Human Rights Council should tackle the issue of widespread manipulative use of religion, culture or tradition used to justify violations of the rights of women human rights defenders.   Uruguay said that it was important for States to take measures necessary to avoid that those who committed acts of violence against women gained impunity.  It wanted to know if general laws with gender perspective were sufficient in guaranteeing protection or whether specific legislation was needed to protect women human rights defenders.  Germany said the European Union provided specific guidelines for the protection of human rights defenders.  However there were persons working to protect women which did not often call themselves human rights defenders, but faced the same dangers.  How could it be ensured that these persons were adequately protected?

European Region of the International Lesbian and Gay Federation in a joint statement called on States to recognize the realities faced by women human rights defenders to adopt appropriate policies to promote and protect them, and to ensure they were free to safely carry out their work.  How did the panel think the Human Rights Council could best respond to those issues and hold States accountable in that regard?

International Service for Human Rights said that in May 2012, 13 Cambodian women human rights defenders had been sentenced to up to two and a half years for defending land rights.  Protection required systematic documentation and the placement of women human rights defenders at the heart of the definition of protection measures and ultimately required a transformation of the context.


Closing remarks

JOSE DE JESUS OROZCO, Special Rapporteur on human rights defenders, Inter-American Commission on Human Rights, said in closing remarks that human rights defenders in Latin America carried out their work in a situation of risk aggravated by stigmatization surrounding gender roles in patriarchal societies.  There were also structural problems within countries that limited access to justice for human rights defenders and women in particular.  The work of women human rights defenders was still in some instances criminalized and penalized and they experienced harassment by officials.  It was difficult to appreciate the true magnitude of the problem, Mr. Orozco said, but based on the information received from various sources, there was a reason to be concerned about the situation.  States must ensure the protection of women human rights defenders and the compliance with the existing mechanisms and undertake investigations and prosecutions of those responsible for violence against women human rights defenders.

MARGARET SEKAGGYA, Special Rapporteur on human rights defenders, in her closing statement said that the Council and States must take into account the political will to address the protection of women human rights defenders without which nothing would be accomplished.  Human rights defenders needed to have equal access to justice and thus the need for impartial and prompt investigations and the fight against impunity.  Defenders not only needed protection, but needed to feel safe and know that perpetrators would not be able to harm them again.  It was known that most of the perpetrators were non-State actors and this meant that States needed to express strong and unconditional support for the work of women human rights defenders and recognize their invaluable contribution to the promotion and protection of human rights.  The Special Rapporteur said she worked with regions on the establishment of protection mechanisms and drew the attention of States to a number of her previous reports which were useful tools in this regard. 

NAZAR ABDELGADIR, Geneva Institute for Human Rights, reiterated the importance of the political will to tackle women issues and change stereotypes about women.  There was a need to focus on women’s needs, including the need for their participation in public and political life on an equal footing with men and for participation in the creation of a better future of their nations.  Currently, women’s rights were not sufficiently respected in some mechanisms, which needed to be revisited and revised.  There was a gulf between legislation and practice; discrimination against women was still widespread and it was not possible to tolerate any violation of the human rights of women which were universal.  What was needed was to insist on the presence of women in societies in transitions and democratic change.

SUNILA ABEYSEKERA, International Coalition of Women Human Rights Defenders, in her concluding remarks, addressed the issue of best practices in protecting women human rights defenders and said that visibility was very important, particularly for those women working at the grassroots and local levels.  It was important that States considered some of the ways to give those women visibility.  There were previous discussions about the shrinking space for civil society in the work of the Council, which should consider how this could be remedied and how more resources could be found for the work of human rights defenders.  The Office of the High Commissioner for Human Rights had incumbent on it to ensure that the attention of the Human Rights Council on women and human rights defenders continued.  The commitment to gender mainstreaming throughout the United Nations system was a very old one and it had been seen over the last 30 years that it could happen only if there were resources allocated for it.  In closing, Ms. Abeysekera noted the inadequacy of existing norms and standards for holding non-State actor accountable for violations against human rights defenders and hoped that the international community would work to change this and enable this accountability.

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