National Policy to Protect Human Rights Defenders
Type of instrument: Policy
Status (as of 1 June 2025): in process
In progress; draft prepared by civil society; in discussion.
Comments on the instrument:
The draft policy only recognises rights relating to the defense of rights to human rights defenders, not individuals in general as is the case in the Model Law. Rights under the draft policy should be recognised to all individuals in general, insofar as anyone can be a human rights defender and insofar as the defense of rights is the logical continuation of the exercise of the human rights and fundamental freedoms already enjoyed by all. Greater care should be put into aligning the draft policy with the Model Law to ensure as close alignment as possible with overall international standards relating to human rights defenders, including the UN Declaration on Human Rights Defenders.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Articles 13.b. and 13.c. pose a potential risk of restriction of the rights of human rights defenders. Article 13.b. requires human rights defenders to conduct their activities while respecting, inter alia, “public security and the general interest”. This is an excessively broad provision that could be used to unduly restrict otherwise legitimate activities by human rights defenders. Article 13.c. requires human rights defenders to “report regularly on their activities at national and international level”. This is an overly heavy burden for most human rights defenders and human rights defense organisations, which may discourage work in favour of human rights defense. Both articles 13.b. and 13.c. should be removed from the policy.
Comparison to the Model Law
Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Liberia, click here.
A selection of fundamental rights for human rights defenders incorporated in the instrument:
Provision |
Covered? |
Arts. |
Definition of Human Rights Defender |
FULL |
Definition |
Right to promote and protect human rights and fundamental freedoms |
PART |
8.a. |
Right to Form Groups, Associations, and Organisations |
PART |
8.d. |
Right to Solicit, Receive and Utilise Resources |
PART |
8.c. |
Right to freedom of expression and to seek, receive and disseminate Information |
PART |
9. for access to information, 10. for freedom of expression |
Right to access and cooperate with NGOs, government organisations and international organisations |
PART |
9.c. |
Right to participate in public affairs |
NONE |
|
Right to Peaceful Assembly |
PART |
8.b. |
Right to represent and advocate |
NONE |
|
Right to freedom of movement |
NONE |
|
Right to Privacy |
PART |
11. |
Freedom from intimidation or reprisal |
PART |
11. |
Freedom from defamation and stigmatisation |
NONE |
State obligations regarding human rights defenders in the instrument?
Obligation to respect, promote, protect and fulfil rights of human rights defenders |
FULL |
1. |
Obligation to facilitate the activities and work of human rights defenders |
PART |
2. |
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
NONE |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
FULL |
6. |
Mechanism on the protection of human rights defenders established in the instrument?
Key elements of the protection mechanism (as compared to the Model Law):
Provision |
Covered? |
Arts. |
Definition of Human Rights Defender |
NONE |
|
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
PART |
14. |
Training of mechanism’s personnel on HR and fundamental freedoms |
NONE |
|
Periodic reviews with independent experts and CSO’s on the functioning of the Mechanism |
NONE |
|
Resources for adequate functioning of the Mechanism / transparency on resource usage |
NONE |
|
Public acknowledgment of human rights defenders work and rights (promotion of UN Declaration) |
PART |
16. |
Disseminate information on protection programmes for human rights defenders, Mechanism’s work |
NONE |
|
Development of protocols and guidelines based on best practice to protect human rights defenders |
NONE |
|
Assist investigations for prosecuting offences against human rights defenders |
NONE |
|
Granting of protective measures based off off a specific risk assessment |
NONE |
|
Review / appeal of Mechanism decision before courts or independent authority |
NONE |
|
Confidentiality and personal data protection |
NONE |
|
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 |