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I. PURPOSE

1. Su ort for human rights defenders is already a long established element of the Euro ean
Union’s human rights external relations olicy. The ur ose of these uidelines is to rovide
ractical suggestions for enhancing EU action in relation to this issue. The uidelines can be
used in contacts with third countries at all levels as well as in multilateral human rights fora,
in order to su ort and strengthen ongoing efforts by the Union to romote and encourage
res ect for the right to defend human rights. The uidelines also rovide for interventions by
the Union for human rights defenders at risk and suggest ractical means to su ort and assist
human rights defenders. An im ortant element of the uidelines is su ort for the S ecial
Procedures of the UN Commission on Human Rights, including the UN S ecial
Re resentative on Human Rights Defenders and a ro riate regional mechanisms to rotect
human rights defenders. The uidelines will assist EU Missions (Embassies and Consulates
of EU Member States and Euro ean Commission Delegations) in their a roach to human
rights defenders. While addressing s ecific concerns regarding human rights defenders is their
rimary ur ose, the uidelines also contribute to reinforcing the EU’s human rights olicy
in general.

II. DEFINITION

2. For the ur ose of defining human rights defenders for these uidelines o erative aragra h
1 of the “UN Declaration on the Right and Res onsibility of Individuals, rou s and Organs
of Society to Promote and Protect Universally Recognised Human Rights and Fundamental
Freedoms” (see Annexe I), which states that “Everyone has the right, individually and in
association with others, to romote and to strive for the rotection and realisation of human
rights and fundamental freedoms at the national and international levels” is drawn upon.

3. Human rights defenders are those individuals, grou s and organs of society that romote and
rotect universally recognised human rights and fundamental freedoms. Human rights
defenders seek the romotion and rotection of civil and olitical rights as well as the
romotion, rotection and realisation of economic, social and cultural rights. Human rights
defenders also romote and rotect the rights of members of grou s such as indigenous
communities. The definition does not include those individuals or grou s who commit or
ro agate violence.

III. INTRODUCTION

4. The EU su orts the rinci les contained in the Declaration on the Right and res onsibility of
Individuals, rou s and Organs of Society to Promote and Protect Universally Recognised
Human Rights and Fundamental Freedoms. Although the rimary res onsibility for the
romotion and rotection of human rights lies with states, the EU recognises that individuals,
grou s and organs of society all lay im ortant arts in furthering the cause of human rights.
The activities of human rights defenders include:

- documenting violations;

- seeking remedies for victims of such violations through the rovision of legal,
sychological, medical or other su ort; and

- combating cultures of im unity which serve to cloak systematic and re eated breaches
of human rights and fundamental freedoms.

5. The work of human rights defenders often involves criticism of government’s olicies and
actions. However, governments should not see this as a negative. The rinci le of allowing
room for inde endence of mind and free debate on a government’s olicies and actions is
fundamental, and is a tried and tested way of establishing a better level of rotection of human
rights. Human rights defenders can assist governments in romoting and rotecting human
rights. As art of consultation rocesses they can lay a key role in hel ing to draft
a ro riate legislation, and in hel ing to draw u national lans and strategies on human
rights. This role too should be recognised and su orted.

6. The EU acknowledges that the activities of Human Rights Defenders have over the years
become more recognised. They have increasingly come to ensure greater rotection for the
victims of violations. However, this rogress has been achieved at a high rice: the defenders
themselves have increasingly become targets of attacks and their rights are violated in many
countries. The EU believes it is im ortant to ensure the safety and rotect the rights of human
rights defenders. In this regard it is im ortant to a ly a gender ers ective when a roaching
the issue of human rights defenders.

IV. OPERATIONAL GUIDELINES

7. The o erational art of the uideline is meant to identify ways and means to effectively work
towards the romotion and rotection of human rights defenders in third countries, within the
context of the Common Foreign and Security Policy.

Monitoring, reporting and assessment
8. EU Heads of Mission are already requested to rovide eriodic re orts on the human rights
situation in their countries of accreditation. The Council Working Party on Human Rights
(COHOM) has recently a roved the outline of fact sheets to facilitate this task. In line with
these fact sheets Missions should address the situation of human rights defenders in their
re orting, noting in articular the occurrence of any threats or attacks against human rights
defenders. In this contexts HoMs should be aware that the institutional framework can have a
major im act on the ability of human rights defenders to undertake their work in safety. Issues
such as legislative, judicial, administrative or other a ro riate measures, undertaken by
States to rotect ersons against any violence, threats retaliation, de facto or de jure adverse
discrimination, ressure or any other arbitrary action as a consequence of his or her legitimate
exercise of any of the rights referred to the UN Declaration on Human Rights Defenders are
all relevant in this regard. Where it is called for, HoMs should make recommendations to
COHOM for ossible EU actions, including condemnation of threats and attacks against
human rights defenders, as well as for demarches and ublic statements where human rights
defenders are at immediate or serious risk. HoMs should also re ort on the effectiveness of
EU actions in their re orts.

9. The HoMs re orts and other relevant information, such as re orts and recommendations from
the S ecial Re resentative of the Secretary eneral for Human Rights Defenders, UN S ecial
Ra orteurs and Treaty Bodies as well as non-governmental organisations, will enable
COHOM and other relevant working arties, to identify situations where EU actions are
called u on and decide actions to be taken or, where a ro riate, make recommendations for
such action to PSC / Council.

Role of EU Missions in supporting and protecting human rights defenders
10. In many third countries EU Missions (Embassies of EU Member States and Euro ean
Commission Delegations) are the rimary interface between the Union and its Member States
and human rights defenders on the ground. They therefore have an im ortant role to lay in
utting into ractice the EU’s olicy towards human rights defenders. EU Missions should
therefore seek to ado t a roactive olicy towards human rights defenders. They should at the
same time be aware that in certain cases EU action could lead to threats or attacks against
human rights defenders. They should therefore where a ro riate consult with human rights
defenders in relation to actions which might be contem lated. Measures that EU Missions
could take include:

- co-ordinating closely and sharing information on human rights defenders, including
those at risk;

- maintaining, suitable contacts with human rights defenders, including by receiving them
in Missions and visiting their areas of work, consideration could be given to a ointing
s ecific liaison officers, where necessary on a burden sharing basis, for this ur ose;

- roviding, as and where a ro riate, visible recognition to human rights defenders,
through the use of a ro riate ublicity, visits or invitations;

- attending and observing, where a ro riate, trials of human rights defenders.

promotion of respect for human rights defenders in relations with third countries and in
multilateral fora
11. The EU’s objective is to influence third countries to carry out their obligations to res ect the
rights of human rights defenders and to rotect them from attacks and threats from non-state
actors. In its contacts with third countries, the EU will, when deemed necessary, ex ress the
need for all countries to adhere to and com ly with the relevant international norms and
standards, in articular the UN Declaration. The overall objective should be to bring about an
environment where human rights defenders can o erate freely. The EU will make its
objectives known as an integral art of its human rights olicy and will stress the im ortance
it attaches to the rotection of human rights defenders. Actions in su ort of these objectives
will include:

- where the Presidency, or the High Re resentative for the CFSP or EU S ecial
Re resentatives and Envoys, or Euro ean Commission are making country visits they
will, where a ro riate, include meetings with, and raising individual cases of, human
rights defenders as an integral and art of their visits to third countries;

- the human rights com onent of olitical dialogues between the EU and third countries
and regional organisations, will, where relevant, include the situation of human rights
defenders. The EU will underline its su ort for human rights defenders and their work,
and raise individual cases of concern whenever necessary;

- working closely with other like minded countries with similar views notably in the UN
Commission on Human Rights and the UN eneral Assembly;

- romoting the strengthening of existing regional mechanisms for the rotection of
human rights defenders, such as the focal oint on human rights defenders of the
African Commission on Human and Peo les’ Rights and the s ecial Human Rights
Defenders Unit within the Inter-American Commission on Human Rights, and the
creation of a ro riate mechanisms in regions where they do not exist.

Support for Special procedures of the UN Commission on Human Rights, including the
Special Representative on Human Rights Defenders
12. The EU recognises that the S ecial Procedures of the UN Commission on Human Rights
(S ecial Ra orteurs, S ecial Re resentatives, Inde endent Ex erts and Working rou s) are
vital to international efforts to rotect human rights defenders because of their inde endence
and im artiality; their ability to act and s eak out on violations against human rights
defenders worldwide and undertake country visits. While the S ecial Re resentative for
Human Rights Defenders has a articular role in this regard the mandates of other S ecial
Procedures are also of relevance to human rights defenders. The EU’s actions in su ort of
the S ecial Procedures will include:

- encouraging states to acce t as a matter of rinci le requests for country visits by UN
S ecial Procedures;

- romoting via EU Missions, the use of UN thematic mechanisms by local human rights
communities and human rights defenders including, but not limited to facilitating the
establishment of contacts with, and exchange information between, thematic
mechanisms and human rights defenders;

- since the S ecial Procedures are unable to carry out their mandate in the absence of
adequate resources, EU Member States will su ort the allocation of sufficient funds
from the general budget to the Office of the High Commissioner for Human Rights

practical supports for Human Rights Defenders including through Development policy
13. Programmes of the Euro ean Community and Member States aimed at assisting in the
develo ment of democratic rocesses and institutions, and the romotion and rotection of
human rights in develo ing countries are among a wide range of ractical su orts for
assisting human rights defenders. These can include but are not necessarily limited to the
develo ment co-o eration rogrammes of Member States. Practical su orts can include the
following:

- bi-lateral human rights and democratisation rogrammes of the Euro ean Community
and Member States should take further account of the need to assist the develo ment of
democratic rocesses and institutions, and the romotion and rotection of human rights
in develo ing countries by, inter alia, su orting human rights defenders through such
activities as ca acity building and ublic awareness cam aigns;

- by encouraging and su orting the establishment, and work, of national bodies for the
romotion and rotection of human rights, established in accordance with the Paris
Princi les, including, National Human Rights Institutions, Ombudsman’s Offices and
Human Rights Commissions.

- assisting in the establishment of networks of human rights defenders at an international
level, including by facilitating meetings of human rights defenders;

- seeking to ensure that human rights defenders in third countries can access resources,
including financial, from abroad;

- by ensuring that human rights educations rogrammes romote, inter alia, the UN
Declaration on Human Rights Defenders.

Role of Council Working arties
14. In accordance with its mandate COHOM will kee under review the im lementation and
follow-u to the uidelines on Human Rights Defenders in close co-ordination and co-o
eration with other relevant Council Working Parties. This will include:

- promoting the integration of the issue of human rights defenders into relevant EU
policies and actions;
- undertaking reviews of the im lementation of the uidelines at a ro riate intervals;
- continuing to examine, as a ro riate, further ways of co-o erating with UN and other
international and regional mechanisms in su ort of human rights defenders.
- Re orting to Council, via PSC and COREPER, as a ro riate on an annual basis on
rogress made towards im lementing the uidelines.

Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
romote and protect Universally Recognized Human Rights and
Fundamental Freedoms

The General Assembly,
Reaffirming the im ortance of the observance of the ur oses and rinci les of the Charter of the
United Nations for the romotion and rotection of all human rights and fundamental freedoms for
all ersons in all countries of the world,

Reaffirming also the im ortance of the Universal Declaration of Human Rights2 and the
International Covenants on Human Rights as basic elements of international efforts to romote
universal res ect for and observance of human rights and fundamental freedoms and the im ortance
of other human rights instruments ado ted within the United Nations system, as well as those at the
regional level,

Stressing that all members of the international community shall fulfil, jointly and se arately,
their solemn obligation to romote and encourage res ect for human rights and fundamental
freedoms for all without distinction of any kind, including distinctions based on race, colour, sex,
language, religion, olitical or other o inion, national or social origin, ro erty, birth or other status,
and reaffirming the articular im ortance of achieving international coo eration to fulfil this
obligation according to the Charter,

Acknowledging the im ortant role of international coo eration for, and the valuable work of
individuals, grou s and associations in contributing to, the effective elimination of all violations of
human rights and fundamental freedoms of eo les and individuals, including in relation to mass,
flagrant or systematic violations such as those resulting from a artheid, all forms of racial
discrimination, colonialism, foreign domination or occu ation, aggression or threats to national
sovereignty, national unity or territorial integrity and from the refusal to recognize the right of
eo les to self-determination and the right of every eo le to exercise full sovereignty over its
wealth and natural resources,

Recognizing the relationshi between international eace and security and the enjoyment of
human rights and fundamental freedoms, and mindful that the absence of international eace and
security does not excuse non-com liance,

Reiterating that all human rights and fundamental freedoms are universal, indivisible,
interde endent and interrelated and should be romoted and im lemented in a fair and equitable
manner, without rejudice to the im lementation of each of those rights and freedoms,

Stressing that the rime res onsibility and duty to romote and rotect human rights and
fundamental freedoms lie with the State,

Recognizing the right and the res onsibility of individuals, grou s and associations to promote
respect for and foster knowledge of human rights and fundamental freedoms at the national and
international levels,

Declares:

Article 1

Everyone has the right, individually and in association with others, to romote and to strive for
the rotection and realization of human rights and fundamental freedoms at the national and
international levels.

Article 2

1. Each State has a rime res onsibility and duty to rotect, romote and im lement all human
rights and fundamental freedoms, inter alia, by ado ting such ste s as may be necessary to
create all conditions necessary in the social, economic, olitical and other fields, as well as the
legal guarantees required to ensure that all ersons under its jurisdiction, individually and in
association with others, are able to enjoy all those rights and freedoms in ractice.

2. Each State shall ado t such legislative, administrative and other ste s as may be necessary to
ensure that the rights and freedoms referred to in the resent Declaration are effectively
guaranteed.

Article 3

Domestic law consistent with the Charter of the United Nations and other international
obligations of the State in the field of human rights and fundamental freedoms is the juridical
framework within which human rights and fundamental freedoms should be im lemented and
enjoyed and within which all activities referred to in the resent Declaration for the romotion,
rotection and effective realization of those rights and freedoms should be conducted.

Article 4

Nothing in the resent Declaration shall be construed as im airing or contradicting the ur oses
and rinci les of the Charter of the United Nations or as restricting or derogating from the
rovisions of the Universal Declaration of Human Rights,2 the International Covenants on Human
Rights and other international instruments and commitments a licable in this field.

Article 5

For the ur ose of romoting and rotecting human rights and fundamental freedoms, everyone
has the right, individually and in association with others, at the national and international levels:

(a) To meet or assemble eacefully;

(b) To form, join and artici ate in non-governmental organizations, associations or grou s;

(c) To communicate with non-governmental or intergovernmental organizations.

Article 6

Everyone has the right, individually and in association with others:

(a) To know, seek, obtain, receive and hold information about all human rights and fundamental
freedoms, including having access to information as to how those rights and freedoms are
given effect in domestic legislative, judicial or administrative systems;

(b) As rovided for in human rights and other a licable international instruments, freely to
ublish, im art or disseminate to others views, information and knowledge on all human
rights and fundamental freedoms;

(c) To study, discuss, form and hold o inions on the observance, both in law and in ractice, of
all human rights and fundamental freedoms and, through these and other a ro riate means,
to draw ublic attention to those matters.

Article 7

Everyone has the right, individually and in association with others, to develo and discuss new
human rights ideas and rinci les and to advocate their acce tance.

Article 8

1. Everyone has the right, individually and in association with others, to have effective access,
on a non-discriminatory basis, to artici ation in the government of his or her country and in
the conduct of ublic affairs.

2. This includes, inter alia, the right, individually and in association with others, to submit to
governmental bodies and agencies and organizations concerned with ublic affairs criticism
and ro osals for im roving their functioning and to draw attention to any as ect of their
work that may hinder or im ede the romotion, rotection and realization of human rights and
fundamental freedoms.

Article 9

1. In the exercise of human rights and fundamental freedoms, including the romotion and
rotection of human rights as referred to in the resent Declaration, everyone has the right,
individually and in association with others, to benefit from an effective remedy and to be
rotected in the event of the violation of those rights.

2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in
erson or through legally authorized re resentation, to com lain to and have that com laint
rom tly reviewed in a ublic hearing before an inde endent, im artial and com etent
judicial or other authority established by law and to obtain from such an authority a decision,
in accordance with law, roviding redress, including any com ensation due, where there has
been a violation of that erson’s rights or freedoms, as well as enforcement of the eventual
decision and award, all without undue delay.

3. To the same end, everyone has the right, individually and in association with others, inter alia:

(a) To com lain about the olicies and actions of individual officials and governmental bodies
with regard to violations of human rights and fundamental freedoms, by etition or other
a ro riate means, to com etent domestic judicial, administrative or legislative authorities
or any other com etent authority rovided for by the legal system of the State, which should
render their decision on the com laint without undue delay;

(b) To attend ublic hearings, roceedings and trials so as to form an o inion on their
com liance with national law and a licable international obligations and commitments;

(c) To offer and rovide rofessionally qualified legal assistance or other relevant advice and
assistance in defending human rights and fundamental freedoms.

4. To the same end, and in accordance with a licable international instruments and rocedures,
everyone has the right, individually and in association with others, to unhindered access to
and communication with international bodies with general or s ecial com etence to receive
and consider communications on matters of human rights and fundamental freedoms.

5. The State shall conduct a rom t and im artial investigation or ensure that an inquiry takes
lace whenever there is reasonable ground to believe that a violation of human rights and
fundamental freedoms has occurred in any territory under its jurisdiction.

Article 10

No one shall artici ate, by act or by failure to act where required, in violating human rights and
fundamental freedoms and no one shall be subjected to unishment or adverse action of any kind
for refusing to do so.

Article 11

Everyone has the right, individually and in association with others, to the lawful exercise of his
or her occu ation or rofession. Everyone who, as a result of his or her rofession, can affect the
human dignity, human rights and fundamental freedoms of others should res ect those rights and
freedoms and com ly with relevant national and international standards of occu ational and
rofessional conduct or ethics.

Article 12

1. Everyone has the right, individually and in association with others, to artici ate in eaceful
activities against _violations of human rights and fundamental freedoms.

2. The State shall take all necessary measures to ensure the rotection by the com etent
authorities of everyone, individually and in association with others, against any violence,
threats, retaliation, de facto or de jure adverse discrimination, ressure or any other arbitrary
action as a consequence of his or her legitimate exercise of the rights referred to in the resent
Declaration.

3. In this connection, everyone is entitled, individually and in association with others, to be
rotected effectively under national law in reacting against or o osing, through eaceful
means, activities and acts, including those by omission, attributable to States that result in
violations of human rights and fundamental freedoms, as well as acts of violence er etrated
by grou s or individuals that affect the enjoyment of human rights and fundamental freedoms.

Article 13

Everyone has the right, individually and in association with others, to solicit, receive and utilize
resources for the ex ress ur ose of romoting and rotecting human rights and fundamental
freedoms through eaceful means, in accordance with article 3 of the resent Declaration.

Article 14

1. The State has the res onsibility to take legislative, judicial, administrative or other a ro riate
measures to romote the understanding by all ersons under its jurisdiction of their civil,
olitical, economic, social and cultural rights.

2. Such measures shall include, inter alia:

(a) The ublication and wides read availability of national laws and regulations and of
a licable basic international human rights instruments;

(b) Full and equal access to international documents in the field of human rights, including the
eriodic re orts by the State to the bodies established by the international human rights
treaties to which it is a arty, as well as the summary records of discussions and the official
re orts of these bodies.

3. The State shall ensure and su ort, where a ro riate, the creation and develo ment of
further inde endent national institutions for the romotion and rotection of human rights and
fundamental freedoms in all territory under its jurisdiction, whether they be ombudsmen,
human rights commissions or any other form of national institution.

Article 15

The State has the res onsibility to romote and facilitate the teaching of human rights and
fundamental freedoms at all levels of education and to ensure that all those res onsible for training
lawyers, law enforcement officers, the ersonnel of the armed forces and ublic officials include
a ro riate elements of human rights teaching in their training rogramme.

Article 16

Individuals, non-governmental organizations and relevant institutions have an im ortant role to
lay in contributing to making the ublic more aware of questions relating to all human rights and
fundamental freedoms through activities such as education, training and research in these areas to
strengthen further, inter alia, understanding, tolerance, eace and friendly relations among nations
and among all racial and religious grou s, bearing in mind the various backgrounds of the societies
and communities in which they carry out their activities.

Article 17

In the exercise of the rights and freedoms referred to in the resent Declaration, everyone, acting
individually and in association with others, shall be subject only to such limitations as are in
accordance with a licable international obligations and are determined by law solely for the
ur ose of securing due recognition and res ect for the rights and freedoms of others and of
meeting the just requirements of morality, ublic order and the general welfare in a democratic
society.

Article 18

1. Everyone has duties towards and within the community, in which alone the free and full
develo ment of his or her ersonality is ossible.

2. Individuals, grou s, institutions and non-governmental organizations have an im ortant role
to lay and a res onsibility in safeguarding democracy, romoting human rights and
fundamental freedoms and contributing to the romotion and advancement of democratic
societies, institutions and rocesses.

3. Individuals, grou s, institutions and non-governmental organizations also have an im ortant
role and a res onsibility in contributing, as a ro riate, to the romotion of the right of
everyone to a social and international order in which the rights and freedoms set forth in the
Universal Declaration of Human Rights and other human rights instruments can be fully
realized.

Article 19

Nothing in the resent Declaration shall be inter reted as im lying for any individual, grou or
organ of society or any State the right to engage in any activity or to erform any act aimed at the
destruction of the rights and freedoms referred to in the resent Declaration.

Article 20

Nothing in the resent Declaration shall be inter reted as ermitting States to su ort and romote
activities of individuals, grou s of individuals, institutions or non-governmental organizations
contrary to the rovisions of the Charter of the United Nations.

Relevant international instruments

- The Universal Declaration of Human Rights
- The International Covenant on Civil and Political Rights
- The International Covenant on Economic, Social and Cultural Rights
- The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment
- The Convention on the Rights of the Child
- The Convention on the Elimination of Discrimination Against Women
- The Convention on the Elimination on all Forms of Racial Discrimination
- The Euro ean Convention on Human Rights, its rotocols and the relevant case law of the
Euro ean Court of Human Rights
- Euro ean Social Charter / Revised Euro ean Social Charter
- African Charter for Human and Peo les’ Rights
- American Convention on Human Rights
- eneva Conventions on the Protection of Victims of War and its Protocols as well as
customary rules of humanitarian law a licable in armed conflict
- The 1951 Convention regarding the Status of Refugees and its 1967 Protocol
- The Rome Statute of the International Criminal Court
- Declaration on the Right and Res onsibility of Individuals, rou s and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

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