Law N° 2014-388 of 20 June 2014 on the promotion and protection of human rights defenders
Complemented by: Decree No. 2017-121 of 22 February 2017 on the modalities of application of Law No. 2014-388 of 20 June 2014 on the promotion and protection of human rights defenders and Council of Ministers decision of 20 October 2021; Inter-ministerial Order N°972/MJDH/MEMD/MIS of November 10 2021 on the creation of the mechanism for the protection of human rights defenders
Type of instrument: Law, Implementation Decree, Modifying decision and Inter-ministerial Order
Status: (as of 1 January 2022)
Law adopted on 20 June 2014;
Decree adopted on 22 February 2017;
Modifying decision adopted on 20 October 2021
Inter-ministerial Order adopted on 10 November 2021.
Comments on the instrument:
The Law is comprehensive and, when complemented by the Decree, contains almost all provisions of the Model Law, albeit in a simplified form. However, obligations of human rights defenders in the Decree are overly broad and could easily be interpreted to restrict human rights defenders’ rights.
The protection mechanism’s functions are broad and unclear, lacking specific protection measures for human rights defenders. It does not establish the obligation to assist investigations to prosecute those violating human rights defenders’ rights, but merely that it will ‘aim to ensure violations are punished.’ It does not mandate cooperation with civil society and it lacks other relevant elements.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Yes. Article 16 of the Decree states that human rights defenders must ‘not spread rumours or information that could be troubling for the public order’ and ‘respect the institutions of the republic as well as the personalities who embody them’. Article 17 states that human rights defenders have to submit annual activity reports to the Ministry of Human Rights. These articles are broad and could limit human rights defenders’ rights, particularly to freedom of expression and association.
Comparison to the Model Law
Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Côte d’Ivoire, click here.
A selection of fundamental rights for human rights defenders incorporated in the instrument:
|
Provision |
Covered? |
Analysis / articles |
|
Definition of Human Rights Defender |
FULL |
1 Dec: 2, 3 |
|
Right to promote and protect human rights and fundamental freedoms |
PART |
3 Dec: 10 |
|
Right to Form Groups, Associations, and Organisations |
FULL |
3 |
|
Right to Solicit, Receive and Utilise Resources |
FULL |
8 |
|
Right to freedom of expression and to seek, receive and disseminate Information |
PART |
3, 15 Ord: 2 |
|
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
3, 7 |
|
Right to participate in public affairs |
PART |
4 Dec: 10 h), 10 i) |
|
Right to Peaceful Assembly |
FULL |
3 |
|
Right to represent and advocate |
FULL |
3, 7, 15 Dec: 10 g) |
|
Right to freedom of movement |
NONE |
|
|
Right to Privacy |
PART |
6, 16 Dec: 9, 10 e), 14 Ord: 2 |
|
Freedom from intimidation or reprisal |
FULL |
5 Dec: 4, 5, 12, 13 |
|
Freedom from defamation and stigmatisation |
PART |
Dec: 4 |
State obligations regarding human rights defenders in the instrument?
|
Provision |
Covered? |
Analysis / articles |
|
Obligation to respect, promote, protect and fulfil rights of human rights defenders |
FULL |
14 |
|
Obligation to facilitate the activities and work of human rights defenders |
FULL |
15 Dec: 8 |
|
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
FULL |
9, 17 Dec: 4, 5, 6 |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
18 Dec: 7, 10 l) Ord: 2 |
Mechanism on the protection of human rights defenders established in the instrument?
Yes, in Decree No. 2017-121, as modified by the Council of Ministers decision of 20 October 2021 (Decision 3 of Draft Decrees). The Decision entrusts the Ministries of Human Rights, Security, Justice and Defence with the organisation and implementation of the Mechanism. Inter-ministerial Order N°972/MJDH/MEMD/MIS of November 10 2021 on the creation of the mechanism for the protection of human rights defenders (see in English) establishes the functioning of the mechanism.
|
Provision |
Covered? |
Articles |
|
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
PART |
Ord: 4 |
|
Training of mechanism’s personnel on human rights and fundamental freedoms |
NONE |
|
|
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism |
NONE |
|
|
Resources for adequate functioning of the Mechanism / transparency on resource usage |
PART |
Ord: 11 |
|
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration) |
NONE |
|
|
Disseminate information on protection programmes for human rights defenders, Mechanism’s work |
NONE |
|
|
Development of protocols and guidelines based on best practices to protect human rights defenders |
NONE |
|
|
Assist investigations for prosecuting offences against human rights defenders |
PART |
Ord: 2 |
|
Granting of protective measures based off a specific risk assessment |
PART |
Ord: 10 |
|
Review / appeal of Mechanism decision before courts or independent authority |
NONE |
|
|
Confidentiality and personal data protection |
PART |
Ord: 2 |
|
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders) |
NONE |
Quick access and downloads
Law N° 2014-388 of 2014
Decree No. 2017-121 of 2017
Council of Ministers decision of 2021
Inter-ministerial Order N°972/MJDH/MEMD/MIS of 2021
Loi n° 2014-388 du 20 juin 2014 portant promotion et protection des défenseurs des droits de l’Homme