Protectionof human rights defenders
Human rights defenders are individuals who, alone or in association with others, peacefully promote, defend, and protect the human rights and fundamental freedoms recognized by the Universal Declaration of Human Rights and other international human rights instruments. In carrying out this work, they are often subjected to reprisals, harassment, and other violations of their rights by both state and non-state actors. Human rights defenders working on the rights of people on the move are particularly exposed to harassment, intimidation, and abusive or unfounded legal proceedings
The eradication of torture and the protection of rights of people on the move can only be achieved through open and vibrant civic spaces where individuals standing up for human rights can work freely. The OMCT advocates for the right of human rights defenders to carry out their vital work without fear of reprisals and calls for the release of those held in arbitrary detention.
International law
Human rights defenders are individuals who, alone or in association with others, peacefully promote, defend, and protect the human rights and fundamental freedoms recognized by the Universal Declaration of Human Rights and other international human rights instruments. In carrying out this work, they are often subjected to reprisals, harassment, and other violations of their rights by both state and non-state actors. Human rights defenders working on the rights of people on the move are particularly exposed to harassment, intimidation, and abusive or unfounded legal proceedings. This hostile environment severely restricts their ability to operate and exposes them to harassment, intimidation, and judicial procedures. When CSOs are criminalized, land and maritime borders become inaccessible to independent oversight, creating torturous environments where abuses can occur without witnesses or accountability.
The eradication of torture and the protection of rights of people on the move can only be achieve through open and vibrant civic spaces where individuals standing up for human rights can work freely. The OMCT advocates for the right of human rights defenders to carry out their vital work without fear of reprisals and calls for the release of those held in arbitrary detention.
Case Studies
Tunisia
The mandates of the Special Procedures on the rights to freedom of peaceful assembly and of association, on the promotion and protection of the right to freedom of opinion and expression, on the situation of human rights defenders, and on the human rights of migrants have expressed concern to Tunisia regarding restrictions affecting civil society organizations, human rights defenders, and organizations providing humanitarian assistance. These measures have led to the suspension of several associations, the freezing of organizations’ bank accounts, and the opening of judicial and tax investigations. This situation has particularly affected individuals and organizations providing assistance to migrants, asylum seekers, and refugees, including through the provision of shelter, legal aid, and humanitarian support.
Libya
In Libya, human rights defenders working on migration issues face a highly repressive and dangerous environment marked by intimidation, arbitrary arrest, detention, and smear campaigns. Those assisting migrants, refugees and asylum seekers are frequently targeted by both state-affiliated security actors and armed groups, particularly when documenting abuses or providing humanitarian support. The OMCT and partners have documented cases where defenders have been accused of “illegal” activities or of undermining national security, including allegations of “promoting settlement” of migrants, leading to harassment, forced confessions, and detention in both official and secret facilities. This shrinking civic space has significantly restricted the ability of civil society actors to assist people on the move or to report violations safely, further increasing the vulnerability of migrants and those supporting them.
Human stories
A Cameroonian human rights defender, Executive Director of an association in Sfax that assisted people on the move, became the target of intimidation by local security forces by the end of 2022. In July 2023, police surveillance intensified, as police officers visited the association’s premises more than a dozen times without any official procedure and the team was subjected to informal questioning about their activities. In this highly tense climate, the association restricted its activities to emergency interventions in order to protect its team and beneficiaries. In April 2024, he was informed that an investigation against him had been opened, without being told the grounds. Fearing arrest and detention, he decided to leave Tunisia. The activities of his association were definitively suspended following his departure.
Useful resources:
International Covenant on Civil and Political Rights, 1966.
Special Rapporteur on human rights defenders, Refusing to turn away: human rights defenders working on the rights of refugees, migrants and asylum-seekers (2022), A/77/178.
Special Rapporteur on the human rights of migrants, Right to freedom of association of migrants and their defenders (2020), A/HRC/44/42.
Special Rapporteur on human rights defenders, Declaration on human rights defenders, A/RES/53/144
OHCHR, Human rights defenders, Protecting the right to defend human rights, Factsheet No. 29.
