A/HRC/43/50
encouraged the integration of a gender perspective into programmes for the security and
protection of defenders.
41.
In 2016, the Council adopted resolution 31/32 on human rights defenders, whether
individuals, groups or organs of society, addressing economic, social and cultural rights, in
which it recognized the positive, important and legitimate role of human rights defenders in
promoting and advocating the realization of all economic, social and cultural rights. It
reaffirmed the urgent need to respect, protect, promote and facilitate the work of those
defending economic, social and cultural rights as a vital factor contributing towards the
realization of those rights. The Council deplored the use of policies and legislation that
restricted, hindered or limited the activities of human rights defenders in contravention of
relevant provisions of international human rights law, and judicial harassment or threat
thereof against human rights defenders, including those addressing economic, social and
cultural rights, and underlined the obligation of States to prevent and stop such practices.
Moreover, it called upon all States to take all measures necessary to ensure the rights and
safety of human rights defenders, including those working towards the realization of
economic, social and cultural rights.
42.
In the same resolution, the Council strongly condemned the reprisals and violence
against and the targeting, criminalization, intimidation, arbitrary detention, torture,
disappearance and killing of any individual, including human rights defenders, for their
advocacy of human rights, including in relation to economic, social and cultural rights. It
stressed that legislation affecting human rights defenders must be in conformity with
international human rights law, and encouraged non-State actors to refrain from actions that
undermined the capacity of human rights defenders to operate free from hindrance and
encouraged leaders to express support for their role. The Council also invited the SecretaryGeneral to draw attention to the resolution in the United Nations system and to continue to
include alleged cases of reprisal and intimidation against economic, social and cultural
rights defenders.
43.
Environmental human rights defenders were the topic of Council resolution 40/11.30
In that resolution, the Council strongly condemned reprisals and violence against these
defenders, including by non-State actors, and encouraged States to avail themselves of
technical assistance in implementing relevant resolutions. The intersections of
environmental and cultural rights defence work are numerous, including for indigenous
human rights defenders.
44.
In the field of cultural heritage protection, in armed conflict situations, the human
rights standards protecting human rights defenders are complemented by article 15 of the
Convention on the Protection of Cultural Property in the Event of Armed Conflict, which
provides that personnel engaged in the protection of cultural heritage are to be respected
and allowed to carry out their duties whenever the cultural property for which they are
responsible falls into the hands of an opposing State party. In accordance with article 17 (2)
(c) of the Convention, the distinctive emblem of cultural property, the Blue Shield, may be
employed as a means of identification of such persons. In many circumstances, those
protected by these provisions should also be recognized as cultural rights defenders.
45.
This overview highlights the wide range of vital standards guaranteeing the rights
and recognizing the work of human rights defenders, including cultural rights defenders.
These should be fully implemented without delay at international and national levels.
However, the Special Rapporteur notes that many of the standards on human rights
defenders, including relevant resolutions, omit mention of aspects of human rights work
specific to culture, cultural rights or cultural rights defenders. Moreover, many of the
substantive standards on protecting culture and cultural rights omit specific mention of
those who defend such rights. While the general standards regarding human rights
defenders can and should be interpreted to cover these issues, elaboration of more explicit
standards related to the work of cultural rights defenders, in the form, inter alia, of a
resolution or guiding principles, would be a positive step. Moreover, mainstreaming of
30
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See also United Nations Environment Programme, “Promoting Greater Protection for Environmental
Defenders”, policy paper. Available on unep.org.