Law on the protection and promotion of human rights defenders
Type of instrument: Law
Status: (as of 1 January 2022)
In Progress; Process on hold since Coup d’Etat.
Comments on the instrument:
The law, prepared by civil society, is comprehensive and contains almost all rights and obligations enshrined in the Model Law, albeit not in as much detail. A positive aspect is that Chapter IV establishes that nothing in the law can affect any more favourable provisions for the recognition and protection of human rights defenders contained in other national or international instruments.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No.
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 Guinea, 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 |
2 |
|
Right to promote and protect human rights and fundamental freedoms |
FULL |
4 |
|
Right to Form Groups, Associations, and Organisations |
FULL |
4 |
|
Right to Solicit, Receive and Utilise Resources |
FULL |
11 |
|
Right to freedom of expression and to seek, receive and disseminate Information |
FULL |
4 |
|
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
4, 10 |
|
Right to participate in public affairs |
FULL |
4, 6, 7 |
|
Right to Peaceful Assembly |
FULL |
5 |
|
Right to represent and advocate |
FULL |
7 |
|
Right to freedom of movement |
NONE |
|
|
Right to Privacy |
PART |
9, 24 |
|
Freedom from intimidation or reprisal |
FULL |
5, 8 |
|
Freedom from defamation and stigmatisation |
FULL |
13 |
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 |
12, 13, 15, 21, 22 |
|
Obligation to facilitate the activities and work of human rights defenders |
FULL |
15, 23 |
|
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
FULL |
13, 25, 26, 27 |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
14, 28, 29 |
Mechanism on the protection of human rights defenders established in the instrument?
No.