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Latin American Consultation on Human Rights Defenders, São Paulo,
Brazil
Final Declaration
Eighty-seven human rights defenders and representatives from social
movements
from 20 countries throughout the Americas and international observers
from Africa,
Asia and Europe, representing human rights organizations and social
movements,
have gathered in Sao Paulo, Brazil in order to discuss and analyze the
new context
of human rights violations faced by defenders and social movements. At
this gathering,
we have also taken on the challenge of proposing proactive policies to
improve
this situation.
The III Consultation took place following the I and II Consultations,
with broad
representation of sectors and activists, including indigenous
communities, human
rights NGOs, women rights' groups, environmentalists, the gay and
lesbian community,
children & youth rights advocates, peasant movements, trade unions,
afro-descendent
communities and social activists, among others.
Considering
That the definition of human rights defenders contained in the UN
Declaration
on Human Rights Defenders adopted in 1998 includes all those who defend
the rights
enshrined in regional and international treaties, conventions and
declarations,
including members of social movements in the continent who defend civil,
political,
economic, social, cultural and collective rights.
That since the II Consultation (Guatemala City, July, 2002) the frequency
of
attacks, threats and hostilities against human rights defenders has
intensified
and taken on new forms.
That female defenders suffer specific violations to their rights as such.
That the State must guarantee the full implementation of human rights and
the
protection and security of human rights defenders; and therefore the
State has
indelegable obligations both to respect the work of human rights
defenders and
to prevent actions that undermine their work, whether those actions stem
from
State agents, those working in cooperation with State agents, or those
who are
emboldened by the failure of the State to protect human rights defenders.
Consequently,
the situation and guarantees to defenders in the region is a
responsibility of
State actions and policies.
That few States have adopted policies to protect human rights defenders.
That we are living under the impact of the war on ¡°terrorism¡± as a
reaction of
the government of the United States and its coalition to the deplorable
attacks
of September 11, 2001. This war, which takes place within the framework
of globalization
and neoliberalism that leads to social and economic exclusion,
considering individuals
and citizens as ephemera and disposable, constitutes a new expansion of
the neoliberal
model.
That as a product of the neo-liberal economic measures imposed by the
Inter-American
Development Bank, the IMF and the World Bank in different countries, the
situation
of human life has worsened, making the work carried out by human rights
defenders
more difficult and even more necessary.
That in addition to paramilitary and fundamentalist groups, globalization
has
brought about new non-State actors (such as multinational corporations
and business
groups, that even manipulate mass media outlets), that actively
participate in
violations against human rights defenders, particularly those from
indigenous
communities, afro-descendents, small farmers, social movements,
internally displaced
people, and trade unionists, among others.
That neoliberal globalization and the imposition of policies by
international
financial organisms has made the violation of economic, social and
cultural human
rights turn into structural violations against human rights.
That in light of a shortage of human and financial resources for regional
and
international human rights protection bodies, there is a weakening of the
mechanisms
specifically designed to protect human rights defenders.
That each and every threat, intimidation, persecution, indictment or
other attack
that human rights defenders suffer have the clear political objective of
sanctioning,
obstructing or impeding their work. Therefore, these attacks are not just
personal,
but become attacks against society at large.
We declare
That in the Americas, human rights defenders continue to be threatened,
arbitrarily
detained, exiled, kidnapped and assassinated.
That among the new forms of persecution of human rights defenders is the
attempt
to bring judicial procedures against them for their activities, with a
tendency
to criminalize social protest and activism, charging them with everything
from
misdemeanors to terrorism.
That in this context, some States in the region have modified, and others
are
planning to modify, legislation to restrict and even criminalize human
rights
work and the legitimate right to protest, under the guise of anti-terror
laws.
That in many countries defenders face an organized campaign to discredit
and
isolate human rights defenders and scapegoat them for lack of security
and an
increase in crime. This generates a dangerous and ultimately false
perception
of correlation between human rights defense and crime.
That in opposition to these positions, we claim the legitimate role of
human
rights defenders in the construction of social justice, democracy and the
rule
of law.
That we assert the legitimate political nature of human rights defense
and promotion,
as fundamental to democracy, the rule of law, and a just and
participatory society,
without oppression, misery, vast inequities or any form of
discrimination.
The necessity to implement proactive policies aimed at confronting and
reverting
the attack on human rights defenders and their work.
That State programs and international mechanisms on the protection of
human rights
defenders should guarantee not only the safety of those individuals, but
also
the continuity of their work. These programs should, integrally, prevent
attacks and actively implement
policies to disarticulate, disintegrate and punish the offending parties,
whether they be State or non-State actors. The necessity to articulate human
rights defenders work with social movements and other networks and sectors for
joint action in the defense of human rights, in particular with respect to
economic, social, cultural and collective rights.
That only when society as a whole embraces human rights as their own
rights will
an effective process of construction and implementation of these human
rights
begin. The urgency of strengthening international, regional, national and
local efforts
to protect human rights defenders.
That social struggles and protests for the upholding of universal rights
should
never be considered a criminal act, but rather a legitimate activity. On
the contrary,
it is the State that in these cases should be denounced as criminal when
it does
not fulfill its obligations or guarantee the rights of its population.
We propose
To continue fomenting a broad concept of ¡°human rights defenders¡± and
the approval
of this term, according to the 1998 UN Declaration, making clear the
legitimacy
of political activity that human rights defenders carry out in
strengthening the
rule of law and social justice.
To formulate proactive policies that end continuous human rights
violations in
general, and attacks against human rights defenders in particular,
carried out
by State or non-State actors, not only to request its punishment but also
to prevent
its occurrence.
To begin campaigning to confront not only traditional forms of
persecution suffered
by defenders, but also to combat new tendencies, particularly the
criminalization
of social protest and orchestrated campaigns to discredit social activism
and
human rights defense.
To continue organizing and developing national processes that examine the
situation
of defenders, their needs, and elaborate proactive proposals and
implement policies
to defend their activities. That human rights defenders should have a
voice in the creation of efforts to protect them, taking into consideration
their particular needs.
To implement policies and communication mechanisms agreed to at this
Latin American
Consultation.
We commit ourselves
To work for the ratification and implementation by States of all
international
human rights norms.
To work so that States adopt the 1998 UN Declaration into their domestic
legislation
and public policies, as a first step to the protection of defenders¡¯
rights.
To denounce the use of State intelligence apparatuses to monitor,
interfere with
and obstruct the work of human rights defenders.
To denounce the policies of criminalizing social protest as a way to
deflect
responsibility from the State in fulfilling its obligations to ensure
economic,
social and cultural rights of the people.
To exercise our right to protest as a legitimate form of claiming rights,
in
accordance with the UN Declaration of 1998.
To request that the Inter-American Commission carry out a hearing on
human rights
defenders during its next regular session.
To present the country reports and Final Declaration prepared for this
Consultation
before the Inter-American Commission.
To present the same country reports and Final Declaration to the UN Human
Rights
Commission, the UN High Commissioner for Human Rights, and the UN Special
Representative
on Human Rights Defenders.
To request that the UN Special Representative on Human Rights Defenders
conduct
a study on the criminalization of social protest and activism.
To request that the UN Special Representative on Human Rights Defenders
review
the procedure of urgent actions such that complainants are informed of
any developments
related to their communications.
To ask that the UN High Commissioner for Human Rights further endorse the
Special
Representative on Human Rights Defenders¡¯ mandate, with increased human
and financial
resources.
To share the results of the III Consultation with the European Union so
that
it takes on a more active role in protecting human rights defenders.
To promote the European Union guidelines on human rights defenders among
other
defenders in the region so that they demand their implementation as well.
To call on human rights defenders to document violations against them,
including
the incidents of criminalization, in order to put together national,
regional
and international complaints, define and foster actions, and propose
policies
to take on these violations.
To join the international campaign of women human rights defenders and
include
the issue of gender in our activities.
To continue the campaign of disseminating the UN Declaration on Human
Rights
Defenders in other social networks.
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To adopt the statement on militarization, issued by the organizations
present
at this III Consultation, as an annex to this Declaration.
To maintain and strengthen the Latin-American Consultation on Human
Rights Defenders
as a path and social process of articulation, communication and
solidarity in
the defense and upholding of the urgent and noble work carried out by
human rights
defenders.
To disseminate this Final Declaration, agreements and reports from this
III Consultation
nationally, regionally and internationally.
São Paulo, Brazil, 27 August 2004.
Statement in face of Militarism
The delegates present at the III Latin American Consultation on Human
Rights
Defenders, convened from August 25 to 27, 2004, in São Paulo,
Brazil, representing
our organizations, have created a space of dialogue and exchange of ideas
about
the phenomenon of militarism in the world and in our region, which we
identify
as a grave problem that generates violations of human and peoples rights.
We are all greatly concerned with the past and present military presence
of the
United States in different forms and its fatal consequences in the lives
of our
peoples. Hence, we underscore the military bases set up in Comalapa, El
Salvador;
Palmerola, Honduras; Malta, Ecuador; Guantanamo Bay, Cuba; Aruba and
Curacao,
as well as the contamination by chemical products and live explosives in
Vieques,
Puerto Rico and in Panama; military operations camouflaged as social
assistance
and peace gestures, militarized borders such as Mexico, Colombia and
Argentina,
occupations, military exercises and interventions, military and police
training
and transfers to security forces and armies in the region and in the
hemisphere
throughout 200 training centers such as the Western Hemispheric Institute
for
Security (WHINSEC) - formerly known as the School of Americas (SOA) (the
famous
school of murderers) and the suggestion to create the International Law
Enforcement
Academy (ILEA), among many other manifestations of this type of US policy
around
the world.
Given the gravity of the problem, we conclude with the necessity to:
Open a space of permanent contact, dialogue, exchange and initiatives
aimed at
following up this problem.
Share information, analysis, studies and experiences about our peoples¡¯
struggles
against colonial militarism, military interventions and all kind of
manifestations
of such hegemonic policy that affects our peoples.
Invite and motivate other national and regional organizations to include
this
initiative in their agendas.
We conclude by congratulating the similar efforts that have sprung up in
the
world, especially those in Latin America, with the expectation of uniting
forces
to confront this serious threat.
São Paulo, Brazil, 27 August 2004
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