US embassy cable - 05GENEVA2114

UNCLAS SECTION 01 OF 02 GENEVA 002114 
 
SIPDIS 
 
STATE FOR IO/SHA, DRL/MLA 
 
E.O. 12958: N/A 
TAGS: PHUM, UNHRC-1, Human Rights 
SUBJECT:  SR ON HUMAN RIGHTS DEFENDERS REQUEST INFORMATION 
FOR FINAL REPORT 
 
 
1.  Mission received the following communication from Hina 
Jilani, Special Representative of the Secretary General on 
the Situation of Human Rights Defenders, requesting 
information for her final report to the Commission on Human 
Rights.  This communication has been forwarded to IO/SHA via 
e-mail and is number 28 on the Geneva 2005 Communications 
Log. 
 
2.  Begin text of letter: 
 
Reference: G/SO 214(107-4) 
 
2 September 2005 
 
Excellency, 
 
I am writing in my capacity as Special Representative of the 
United Nations Secretary-General on the situation of human 
rights defenders, pursuant to resolutions 2000/61 and 
2003/64 of the UN Commission on Human Rights. 
 
I would like to refer to my communication dated 2 June 2005 
which I addressed to all United Nations Member States, 
including your Excellency's Government.  As explained in 
this communication, my final report to the Commission on 
Human Rights, due in April 2006, will evaluate the 
implementation of the 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 Declaration on human rights 
defenders) within United Nations Member States.  The report, 
which will include a country-by-country review, is aimed at 
identifying main areas of progress and main problems that 
need to be addressed. 
 
For this purpose, I requested Governments, National Human 
Rights Institutions, regional intergovernmental 
organizations and non-governmental human rights 
organizations to provide me with relevant information on 
this matter.  Once processed and summarized, this 
information would be reflected in my report.  I have so far 
received valuable information from some governmental and non- 
governmental sources. 
 
In this regard, I would like to refer to the resolution 
2005/67 of the Commission on Human Rights, entitled "Human 
rights defenders," which inter alia: 
 
Urges all States to cooperate with the Special 
Representative in the performance of her tasks and to 
furnish all information for the fulfilment of her mandate 
upon request" (para. 9) and 
"Urges those States that have not yet responded to the 
communications transmitted to them by the Special 
Representative to answer without further delay" (para. 11) 
 
I would be very grateful if your Government would also 
collaborate to the preparation of the above-mentioned report 
by sending its responses to the brief questionnaire that is 
in the annex of this letter.  I would like to draw your 
attention to question 3, as it has been added at a later 
stage.  I would greatly appreciate receiving these responses 
at your earliest possible convenience, and preferably no 
later than 30 September 2005.  Responses can be addressed to 
me at the Office of the High Commissioner on Human Rights, 
United Nations Office at Geneva, CH-1211 Geneva 10, 
Switzerland.  Ideally, responses will be sent both by postal 
mail and also by email to hrd-ra2@ohchr.org. 
 
Please accept, Excellency, the assurances of my highest 
consideration. 
 
Hina Jilani 
Special Representative of the Secretary General on the 
situation of human rights defenders 
 
End text of letter. 
 
3.  Begin questionnaire: 
 
Questions on the respect and implementation of the 
Declaration of human rights defenders 
 
The seven questions listed below have been selected 
carefully so that responses to them should provide a good 
overview of the Declaration's implementation, and an 
indication of the main areas of progress and main problems. 
Answers should take into consideration both the provisions 
and principles of the Declaration on human rights defenders. 
A link to, and brief commentary of, the declaration can be 
viewed at 
www.ohchr.org/english/issues/defenders/declar ation.htm. 
Answers to questions are only expected to cover priority 
issues and not every aspect of the Declarations 
implementation.  Answers should be as "brief" as possible, 
can be submitted in bullet-points if preferred, and should 
be organized under each question title.  The Special 
Representative's report, summarizing responses received, 
will be organized under similar headings. 
 
1.  The "human rights defenders" community 
 
a.  Please briefly describe, with examples, the human rights 
defenders community in your country.  Please cover 
considerations such as:  the numbers of human rights 
defender organizations; the range of the activities 
conducted; the quality, effectiveness and impact of human 
rights defenders' work. 
b.  (If relevant) Please list ways in which the role and 
situation of human rights defenders in your country need to 
be strengthened and how this can be achieved (e.g. improved 
human rights defenders training, greater transparency, 
improved protection, etc) 
 
2.  Assessment of the current situation of the Declaration's 
implementation in the country 
 
[Answers should take into consideration: legislation, 
policies, and actions at national and local levels.] 
 
a.  Firmly established success in implementing the 
Declaration: (if relevant) please summarise, with reference 
to brief examples and relevant Articles of the Declaration, 
those aspects of the Declaration whose implementation is 
firmly established within your country. [For example, you 
might consider that the Declaration's Article 5, referring 
to the right to association and assembly and communication 
between organizations, is well established in your country 
because it is widely respected and rarely questioned and 
because, where problems arise, these are dealt with in a 
fair manner.] 
 
b.  Recent progress: (if relevant) please indicate, with 
brief examples, the main progress that has been made in 
strengthening the Declaration's implementation in your 
country over roughly the last 4 years. 
 
c.  Remaining problems: (if relevant) please indicate with 
brief examples, which of the Declaration's provisions are 
not adequately implemented or respected in the country. 
What actions would ideally address these problems?  Is any 
effort currently underway to take such remedial actions? 
 
3.  Freedom of association and expression 
 
Please briefly describe the existing legislative framework 
in your country regulating the rights to freedom of 
association and freedom of expression. 
 
4.  Bad practices 
 
(If relevant) Please indicate, with brief examples, the 
worst practices affecting implementation of the Declaration 
in your country. 
 
5.  Good practices 
 
(If relevant) Please indicate, with brief examples, the best 
practices affecting implementation of the Declaration in 
your country. 
 
6.  The contributions of different actors 
 
a.  The awareness, commitment and contributions of national 
(State) authorities to implementing the Declaration. 
 
b.  The awareness commitment and contributions of local 
(State) authorities to implementing the Declaration. 
 
c.  The awareness, commitment and contributions of human 
rights defenders to implementing the Declaration. 
 
d.  (If relevant) The awareness, commitment and 
contributions of United Nations bodies in the country to 
implementing the Declaration. 
 
7.  Very briefly, please indicate whether you think respect 
for the Declaration (and therefore the role and situation of 
human rights defenders) is improving or worsening in your 
country. Please indicate what factor you believe are having 
the most significant impact in this regard. 
 
End questionnaire. 
 
BIGELOW