Presentation by Mr. Med S. K. Kaggwa,
Chairperson, Uganda Human Rights Commission
Human Rights Defenders and Gender:
The Role of Uganda Human Rights Commission
November, 2012
Amman, Jordan
1.0. Introduction
The promotion and protection of rights of human rights defenders cannot be adequate without a gender perspective since this helps to deal with systems that perpetuate gender inequalities and imbalances. Since human rights defenders are individuals or institutions that have an obligation to ensure the promotion and protection of universally recognized human rights and fundamental freedoms of others, gender will inevitably play a crucial role. This role determines the focus and priorities of human rights defenders, the complaints mechanisms that human rights defenders put in place, the response of human rights defenders and the challenges affected by human rights defenders. This presentation will thus look at the role that gender plays in the promotion of human rights by human rights defenders, point out challenges and make recommendations.
1.1.Gender as a determinant of the focus and priorities of human rights defenders
Gender plays an important role in defining the priorities of human rights defenders. For instance, the focus of some human rights defenders have centered on women’s rights in light of the inequalities and imbalances that have pre-existed. With this focus in mind, human rights defenders have the opportunity to look at the regulatory framework and implementation of this regulatory framework in order to assess how the rights of certain vulnerable groups are being affected. For instance, the UHRC has made women’s rights a priority in the promotion of the human rights based approach that focuses on the vulnerable including women.
1.2. Protection mechanisms
Gender also affects the nature of complaints received. As human right defenders there is need to consider the nature of complaints received by human rights defenders. The UHRC is mandated to receive, investigate and resolve complaints of human rights violations. The Human Rights Defenders Desk in the UHRC is responsible for responding to human rights concerns of defenders including those of women as they arise before the UHRC. The UHRC has noted the gender dimension of complaints reported and has further noted that several of the cases mediated by the UHRC concern maintenance which affects women and children. The UHRC has taken cognisance that mediation is preferred as an alternative dispute resolution process because it is cheap, fast, non adversarial and allows the parties to decide how best to handle their problem. On the other hand, complaints that go through the tribunal process are mainly from male complainants and are more adversarial than the complaints mediated.
1.3. Response of human rights defenders
It will be noted that gender dimension will also affect the response by human rights defenders to the violation of human rights of specific vulnerable groups. For instance, the UHRC set up a Vulnerable Persons Unit to deal with vulnerable groups such as women, children and persons with disabilities. This role encompasses complaints handling that takes care of the unique status of these vulnerable groups, monitoring and human rights education. The UHRC is empowered by Article 52(1) (h) to monitor Government’s compliance with international treaties and conventions obligations on human rights. The desk is responsible for monitoring and documenting human rights issues concerning human rights defenders.In addition, the UHRC while undertaking monitoring in places of detention, pays special attention to the conditions of detention of the vulnerable such as women because of their special needs.
1.4. Nature of challenges of human rights defenders
Gender also affects the challenges that human rights defenders face in the promotion and protection of human rights. For instance, it has been noted that woman human rights defenders face additional risk as human rights defenders for the promotion and protection of rights that challenge cultural norms due to gender based expectation[1]. In addition, women also face gender discrimination and gender stereotypes. Women human rights defenders sometimes confront risks that are gender-specific; ranging from verbal abuse, sexual abuse and rape and thus require special attention and protection.
1.5. Adopting of approaches that promote gender equality
Having a gender perspective in planning and programming will affect the approach that human rights defenders have in the promotion of gender equality. The UHRC promotes the human rights based approach to development that focuses on the vulnerable. The checklist developed in the guidelines highlights: the principle of equality and non discrimination of vulnerable groups; participation of vulnerable groups in decision making and gender proofing as part of human rights proofing of all programming. This has given the UHRC the opportunity to review laws, policies and assess their implementation from a gender perspective. The UHRC has been and is advocating for gender mainstreaming in all policies and programs in order to achieve gender equality.
1.6. Documentation of the human rights situation through a gender perspective
Documentation of the human rights situation through a gender perspective is essential to the promotion and protection of human rights by human rights defenders. There is need to disaggregate data collected on the human rights situation by gender, assess the underlying causes and make appropriate recommendations that address these underlying causes of gender imbalances. The UHRC has contributed to the documentation of issues that concern women human rights defenders such as access to justice in its previous annual reports. From the documentation of these issues, recommendations such as the provision of legal aid were made which are crucial for vulnerable groups such as women. The UHRC has also highlighted issues of women human rights defenders when popularising the recommendations of the Universal Periodic Review. These recommendations included putting in place appropriate regulatory and enforcement measures to preventing, investigating and prosecuting sexual and gender violence.
2.0. Challenges
The promotion and protection of human rights by human rights defenders from a gender perspective is still faced with challenges. These include the:
2.1.Situation of human rights defenders
The UHRC in fulfillment of constitutional mandate to protect and promote human rights in the Country including rights of Human Rights Defenders set up a Human Rights Defenders Desk under the Directorate of Monitoring and Inspections, which is generally responsible for initiating programs that protect and promote rights of Human Rights Defenders. During the outreach activities, the UHRC has noted that there is need to advocate for a secure and safe working environment in which Human Rights Defenders can protect and promote human rights. In addition , there is lack of a law to specifically protect human rights defenders which limits the ability of the desk and other human rights defenders to effectively address some of the situations that relate to violation of rights of human rights defenders.
2.2. lack of a centralised mechanism
This is lack of a registration mechanism that registers all Human Rights Defenders in the Country. This makes it difficult to have a comprehensive overview of the number and location of human rights defenders focusing on issues that have a gender dimension and what challenges they face. In addition, the UHRC has noted that there is limited use of gender disaggregated data that would be useful in advancing rights of human rights defenders that mainly focus on gender issues.
2.3. Competition rather than collaboration
There is a loose network of human rights defenders however this network that affects work of all human rights defenders generally. Human rights defenders have a tendency to work as competitors and majority are mostly reactionary instead of providing strategic support which affects human rights defenders’ impact on society; and
3.0. Recommendations
3.1. Advocating for a specific law
There is need for concerted efforts in advocating for a specific law in situation like that of Uganda that would provide for the protection and promotion of rights of human rights defenders. This could go a long way to ease work for human rights defenders and also provide the appropriate remedy incase rights of Human Rights Defenders have been violated. In addition, there is need to create awareness about the Declaration on Human Rights Defenders to ensure that citizens appreciate what it is and are ready to defend it at all times.
3.2. Collaboration and partnerships
There is need to collaborate and form partnerships and coalitions with stakeholders at national, regional and international level for purposes of sharing experiences and best practices as well as avoiding duplication of work and activities. The partnerships could also help to increase impact on policy formulation processes and also improve coordination of human rights activities including providing technical and financial support where necessary.
3.3. Reviewing of laws and Polices
There is need for National Human Rights Institutions to review laws and policies that restrict rights of Human Rights Defenders to ensure that they comply with the international human rights norms that states have committed to for purposes of creating a conducive working environment for Human Rights Defenders in the Country.
4.0.Conclusion
Though challenges still exist, human rights defenders are called to rise beyond these hindrances and seek for creative ways to promote and protect the rights of human rights defenders. It should be noted that the promotion and protection of human rights including the rights of human rights defenders cannot be done in isolation. There is need to strengthen partnerships to ensure that rights of human rights defenders are respected protected and promoted.
I will end with a quotation made by Kofi Annan, former Secretary-General of the United Nations
““When the rights of human rights defenders are violated, all our rights are put in jeopardy – and all of us are made less safe.”
Thank you for listening to me.
[1] http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12293&LangID=E%C3%A7
accessed on 5th November 2012 at 11:00am