Source: En Vero (Spanish)
Author : Daniel Avalos Banda
January 9, 2017 (Original publication in Spanish on December 18, 2016)
Translation: Daniel Avalos Banda
Summary of report by CIDH on Criminalization of the work of Human Rights Defenders
The Inter-American Commission on Human Rights issued a report in December, 2015 in which it is analyzed in detail the problem of the misuse of criminal law by state and non-state actors in order to criminalize the work of human-rights defenders. The commission has consistently received compelling information corroborating that in several Latin American countries, defenders are systematically subject to unfounded criminal processes. These practices are of great concern to the commission, not only because they interfere with their defensive work, but they also affect the leading role defenders play in consolidating democracy and maintaining the rule of law.
The authors of this sad phenomenon are people in governmental and/or non-governmental institutions that see defenders as agents “opposed” to their politic, economic or commercial, interests. And they use false criminal accusations (among the most frequent are charges for terrorism, disobedience or resistance to authority, violation of public order, conspiracy or rebellion, apology of crime, etc.) in order to limit, stop or discourage human-rights defenders.
Because defenders get involved into a criminal process, all their time, energy and resources have to be focus on their own defense before the courts, instead of their human-rights labors.
Misuse of criminal law occurs more frequently in contexts where there are tensions or conflicts of interest over land use, exploitation of natural resources, or the development of new mega-projects. It also occurs in contexts of social protest during or after the development of a peaceful demonstration, or as a way of revenge, after defenders have filed complaints against public officials.
Finally, all state-members of the Organization of American States (OAS) are urged to make real efforts and take the necessary steps in order to recognize the work of human rights defenders and their important role in societies as creators of the necessary balance and keepers of the rule of law. They are urged to follow the recommendations made by the commission to stop the criminalization of defenders in their legitimate work.
Access the complete report: here.
