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Justice Writes - Regional consultation on human rights

JAMAICANS FOR Justice (JFJ) sent a representative to the Latin American Consultation on Human Rights held in Mexico City. Over 40 human rights defenders from 18 countries of the Americas, representing hundreds of human rights non-governmental organisations were represented. The objective of the conference was to analyse the problems faced by human rights defenders in the hemisphere and to develop a joint agenda with the Special Representative of the secretary-general of the United Nations on Human Rights Defenders to meet the challenge of protecting and promoting the human rights movement in the region.

The following excerpts are extracted from the final Deceleration prepared by the conference:

"Human rights defenders are men and women who act on their own or collectively to contribute to the effective elimination of all violations to the fundamental rights of peoples and individuals. This includes the search for truth and justice, in the case of human rights violations, the struggle for gender and racial equality, the protection of economic, social and cultural rights and the rights of indigenous peoples, and the struggle against hunger, poverty, and discrimination, among others.

According to the secretary-general of the United Nations, 'human rights defenders are at the core of the human rights movement the world over, and while forming the base for regional and international human rights organisations and mechanisms, are considered "essential actors of our time'. Defenders are the voice of the voiceless, crucial instruments for safeguarding the rights of victims.

Situation of Human Rights Defenders in the region

While we recognise that in a large number of countries in the region defenders can still carry out their important tasks, this entails increasing difficulties, including legal and practical obstacles, that in some countries can now be characterised as an emergency, since the very lives of human rights activists are at risk.

We note with grave concern that in many parts of the region there is a marked tendency towards miniaturisation as a response to social and political crises. We likewise note in much of the region a weakening of the rule of law that gives rise to growing and alarming levels of corruption, erosion of institutions, and criminal practices, including assaults against defenders.

In the field of the administration of justice, within the region there prevails the most complete and dire impunity for human rights violations.

The Special Representative on Human Rights Defenders

Given the severity of the situation faced by human rights defenders in some parts of the region, we call on the Special Representative of the secretary-general of the United Nations on Human Rights Defenders, Ms Hina Jilani, to:

a) Institutionalise a process of periodic consultations with organised civil society in the region;

b) Guarantee the continuity of co-operation and co-ordination efforts with the human rights movement;

c) Strengthen the mechanism for urgent actions and communications so as to provide effective protection to defenders;

d) Produce a special report on the impact of impunity and another on the impact, on the work of defenders, of current restrictions to freedom of association;

The Gov'ts of the region

Considering the severe shortcomings in the protection of human rights defenders by States, and the responsibility of governments to protect the rights of defenders, we call on them to:

1) Acknowledge the legitimacy and value of the work of human rights defenders;

2) Effectively apply the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms (Declaration on Defenders), adopted by the General Assembly of the United Nations on December 9, 1998.

The role of civil society

In view of the key role of the human rights movement for the advancement of democracy, and the full rule of law, we call on organised civil society to:

i) Step up the work in the indispensable task of defending the victims of human rights violations and increase the use of the protection mechanisms offered by domestic laws and the utilisation of the protection mechanisms provided by international law;

ii) Continue to prioritise the detailed gathering of verifiable information of cases, situations and patterns of violation of human rights, for ensuring the best impact on States and local and international agencies entrusted with their protection;

iii) Disseminate as widely as possible the mandate of the Special Representative on Defenders and the resolutions and recommendations of the Inter-American system and other international organs concerning defenders."

The full text of the Declaration can be found on the JFJ Website.

As a sad caveat and a stark reminder of the realities faced by human rights defenders, respected human rights lawyer Digna Ochoa was murdered on October 19, 2001 in Mexico City. She had been subjected to intense harassment and numerous threats and there is no doubt that her murder was a result of her work in defence of human rights.

You may write Jamaicans For Justice at ja.for.justice@cwjamaica.com or visit their web site at jamaicansforjustice.org

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