Criminalisation of Human Rights Defenders

                                        This post is a summary of the report with the title above published at   https://www.peacebrigades.org/fileadmin/user_files/groups/uk/files/Publications/Crim_Report.pdf. And of an introduction of another report published at https://www.business-humanrights.org/en/latest-news/criminalisation-of-human-rights-defenders-is-increasingly-being-used-to-shrink-civil-society-spaces-says-report/

                          Human Rights Defenders (HRDs) play a crucial role in ensuring that fundamental rights are upheld, and that victims are able to pursue justice. However, their work is often challenged by state agents and non-state actors such as illegal armed groups and business enterprises. Wishing to protect their own interests and reputations, these groups will sometimes adopt any viable method to impede the peaceful activities of HRDs. In this context, HRDs become the target of unlawful physical and psychological violence. In addition, those seeking to silence HRDs increasingly resort to quasi-legal tactics such as smear campaigns and baseless charges and prosecutions. The criminalisation of HRDs has become an area of growing international concern. We understand criminalisation to derive from the intent to discredit, sabotage or impede the work of HRDs through the misuse of the legal system, and through adverse and manipulation of public discourse. HRDs are arrested and prosecuted on false charges. The tactic of criminalising HRDs provides strategic advantage at times when a violent or heavy handed approach is not politically viable. The impact and effect of criminalisation on HRDs, their families, and wider human rights and democracy movements are manifold and include: 1) Increased exposure to physical attack.  2) Psychological distress and family breakdown.  3) Undermining of the legitimacy and credibility.  4) Crippling of financial and judicial capacity.  5) Weakning the human rights movement.  6) Breakdown of democracy and rule of law.   A wide variety of laws are invoked in order to bring charges against HRDs. Some of the most common alleged infringements include: Invasion of private property, incitement to commit a crime, illegal assembly, coercion, issuing of a threat, unlawful detention, terrorism. In most cases the charges are unfounded or based on unreliable evidence, such as statements. Spurious investigations or baseless prosecutions are not the only way to criminalise defenders: Existing laws can be misinterpreted in a way contrary to the legislation's original intent. Allegations against HRDs in public statements by government officials and 'independent' commentators in the media undermine HRDs' work and try to delegitimize human rights work in general. HRDs who speak out against impunity are frequently subjected to suppression by criminalisation. Perpetrators know that obliging HRDs to divert time and energy to the formalities of their legal defence will take attention away from human rights violations and the rights of vulnerable groups seeking justice and remedy. Recommendations to all E.U. governments in accordance with the E.U. Guidelines on the Protection HRDs: 1) Recognise the trend of criminalisation of HRDs as an urgent issue to address, as one of the biggest threats to the security and the work of HRDs, and incorporate this as a priority focus into human rights advocacy strategy. 2) Facilitate ongoing communication at the international level between HRDs, diplomats, NGOs, and governments in order to strengthen and expand existing support networks. As suggested in the E.U. Guidelines, sharing contacts and information, and organising meetings to discuss strategic developments. Provide visible recognition for HRDs and their work through the media and through invitations to events. 3) Monitor more closely the trends of criminalisation in countries of concern. This could be done by selecting and adopting emblematic cases. 4) Take steps to combat the stigmatisation of HRDs by public officials: condemn public statements made by public officials that negatively effect the image and reputation of HRDs and reiterate the damaging effects this has. In cases where HRDs are unjustly targeted, encourage governments and media bodies to support their work and restore their legitimacy. 5) Fully implement the Guiding Principles of the U.N. Framework on Business and Human Rights. Implementation should pay special attention to the creation of mechanisms at a national level such as Human Rights Commission to ensure human rights standards, and that victims are guaranteed accessible channels of redress. 6) Governments should advise companies to take immediate steps to make public statements that emphasise the important role played by HRDs in upholding the rights of local communities.                                                                                                                                         Criminalisation of human rights defenders has for a long time been used as a strategy to limit the spaces available to civil society, recently a growing number of campaigns have been organised in different countries and internationally to denounce the illegitimate use of legal systems and other forms of legal harassment in order to attack and disrupt the work of human rights defenders. The report will identify best practicesthat may be employed to combat criminalisation. Thus, the intention is to increase the capacity of HRDs to respond and to continue to promote and defend human rights. It is also hoped that the report will help to establish new lines of work that might in the future be deepened and transformed into more concrete action. Private actors responding to particular interests also play a role in the criminalisation of social protest and the defence of human rights.