(b) human rights defenders

Mr Chairman,

Speaking on behalf of Pax Romana, allow me to point out some of the findings of the UN Millennium Survey, published by the UN Secretary General, on human rights. "Respondents showed widespread dissatisfaction with the level of respect for human rights," and in one region, fewer than one in ten citizens believed that human rights were being fully respected, while one third believed they were not observed at all. The survey showed that most people around the globe consider the protection of human rights to be the most important task for the United Nations. The younger the respondents, the greater the importance assigned to this goal. Recalling this fact, Mr Kofi Annan calls upon everyone, including member states: "We must do more, and we must do it better."

After nearly 15 years of deliberations towards the protection of those who defend human rights, the Declaration on Human Rights Defenders was adopted and the 55^th Session adopted a lukewarm response in its resolution 1999/66. The results of implementation are highly disappointing. Recognising this fact the UN High Commissioner for Human Rights stated: ".there is a compelling need to take further measures to protect human rights defenders", and that "the human rights community looks to you now to implement the Declaration with practical measures".

Today, defending human rights in all its forms is happening at every level and everywhere. It is a global phenomenon, and at the same time, the defenders, whether they are individuals, groups, NGOs, HRDs and people as such are totally exposed. Lacking adequate safeguards, they confront the State's monopoly on violence - the State, which is supposed to be the protector and the promoter. Frequently, the defenders, mostly unarmed civilians as well as organised groups are caught in the interface between humanitarian and human rights crises.

"On 7 April 2000, locals protesting peacefully against the proposed Maroli-Umbergaon Port Project in Gujarat, India were attacked and tear-gassed without any warning by the State Reserve Police", and "the leaders were picked up by the police and brutally beaten up at the local police station". This port project has been awarded to NATELCO and UNOCAL, a US based oil and gas company with a deplorable human rights and environment record.

In a recent survey conducted by the Forum 98 covering all the continents, it is shown clearly that:

1. in most countries the legal framework under which NGOs are defending human rights is extremely fragile, often incompatible with main international human rights standards;
2. in spite of having the semblance of electoral democracy (virtual democracy) and acceding to some of the treaties, draconian laws of an earlier period under national security are not repealed. On the contrary, they have been refined and institutionalised with highly questionable restrictive powers to governments to clamp down on HRDs under the slightest pretext;
3. the perpetrators enjoy almost total impunity under the prevailing judiciary, continuing the harassment and intimidation of HRDs. In some instances, this has resulted in torture, summary killings and disappearances;
4. governments that have acceded to some of the international treaties, fail to accept the competence of conventional mechanisms to receive the communications (denunciations) emanating from individual NGOs. The list is long and the agony and anxiety continues unaltered;
5. States continue to argue for more promotional efforts through technical cooperation without the minimum of norms towards protecting HRDs. This has to be rectified drastically.

Receiving these findings as well as being mindful of national particularities, Pax Romana urges this Session:

1. internationally, to establish a special rapporteur on HRDs with a well-defined mandate, clearly defined by a number of oral interventions and;
2. nationally, to ask the OHCHR under its advisory and technical services to member States of the UN to include a safety-net clause in the MOU that could explicitly demonstrate their commitment to implementing the 1998 Declaration, as well as to provide adequate measures of protection for HRDs.

Thank you Mr Chairman.