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The Role of National Human Rights Institutions in Defending Human Rights Defenders

The Role of National Human Rights Institutions in Defending Human Rights Defenders. Commissioner Lindiwe Mokate South African Human Rights Commission 18 September, 2014. National Human Rights Institutions. Protectors of Human Rights Defenders; Human Rights Defenders themselves.

caitlin-kerwick
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The Role of National Human Rights Institutions in Defending Human Rights Defenders

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  1. The Role of National Human Rights Institutions in Defending Human Rights Defenders Commissioner Lindiwe Mokate South African Human Rights Commission 18 September, 2014

  2. National Human Rights Institutions Protectors of Human Rights Defenders; Human Rights Defenders themselves. (per: Margaret Sekaggya, former UN Special Rapporteur on Human Rights Defenders)

  3. Structure of Presentation 1. Role of NHRIs in dual role of: a) protection of human rights violations in business practices; b) protection of human rights defenders in BHR work; • Factors that enable/constrain NHRI’s to perform role; • Strategies and opportunities for enhanced NHRI execution of protective role; 4. Best practices and Case Studies from SAHRC.

  4. NHRI as defenders of human rights Promotion and protection of human rights – core function of NHRIs, established by law/constitution. • Policy and legislative advisory function; • Redress advisory function; • Awareness-creation function; • Investigative function; • Research function.

  5. NHRI as protectors of human rights defenders Categories of Human Rights Defenders: • NGOs; • CBOs; • Trade Unions; • Media; • Public-spirited individuals.

  6. NHRIs as protectors of human rights defenders Types of Risks confronting Human Rights Defenders: • Physical assault and extrajudicial killing of human rights defenders; • Intimidation of union representatives and legal representatives of victims; • Harassment media personnel and public-spirited whistleblowers; • Lack of legal representation for human rights defenders.

  7. NHRIs as protectors of human rights defenders contd. Mechanisms for protection • Complaints lodged with NHRIS by Human Rights Defenders; • Joint Investigations; • Joint Hearings; • Joint Strategic Litigation; • Amicus Curiae; • Joint Awareness Campaigns; • Parliamentary Submissions; • Submissions to the Office of the President; • Reports to UN bodies; • Authoritative Public Statements/Opinions.

  8. An enabling environment for the protection of human rights defenders • A legal framework conducive to the advancement of the work of NHRIs-For instance: • TheLabour Relations Act • Basic Conditions of Employment Act • Employment Equity Act • Occupational Health and Safety Act • Compensation for Occupational Injuries and Diseases Act • The Protected Disclosures Act • Independence • Operational autonomy-freedom from government or other interference in the carrying out of the institution’s mandate • Financial independence and appropriate resourcing-While funding may be dependent on government, it is not dependent on the decisions made or the persons appointed

  9. Factors that enable NHRIs to be effective protectors of human rights & HR defenders Enabling Factors 1) Integrity in Commission composition & appointment process; 2) Financial and Operational Independence; 3) Comprehensive Legislative Powers (Incl. enforcement powers); 4) Existence of other effective institutions supporting embedding of human rights culture: • Independent Judiciary; • Effective Parliament; • Pluralistic Media; • Active and empowered Civil Society.

  10. BHR Best practices - SAHRC • Thematic Focus Area 2014/5 – Business and Human Rights; • Development of Business and Human Rights Country Guide for South Africa (DIHR); • Development of Disability Toolkit for Business in South Africa ; • Country-wide Advocacy Roundtable Discussions on Business and Human Rights; • Multi-Stakeholder National Conference on Business and Human Rights; • Ongoing Investigations of Business and Human Rights.

  11. BHR Case Studies - SAHRC • Marikana Platinum Mine (Lonmin - owned) - Watching Brief at National Commission of Enquiry; representation of public interest; research into underlying causes of human rights violations in Marikana; • POSIB - Submission to President and Parliament on the adverse impact of human rights on media practitioners and public-spirited whistle-blowers; • Delivery of Learning Material Public Hearing– Partnering with NGO in strategic impact hearing ensuring corporate compliance with human rights of children.

  12. Thank You

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