1. “Proyecto de Ley de Protección a Periodistas y Personas Defensoras de Derechos Humanos”
English automatic translation: “Draft law on the protection of journalists and human rights defenders“
Type of instrument: Draft Protection Mechanism
Status (as of 1 January 2025): Proposed
Comments on the instrument: The draft law creates a strong and comprehensive protection mechanism for defenders. Some progressive aspects include:
- It allows HRDs to request protection for themselves, their family and “their closest group”, if applicable.
- It establishes collective protection measures: “Actions aimed at activating community care and support systems for the protection of an individual or a community, such as:
- “a) systems to warn security forces and/or support groups of journalists or human rights defenders created for this purpose of movement in dangerous areas.
- b) general movement notification systems to security forces and/or support groups of journalists or human rights defenders created for this purpose.
- c) system for the accompaniment/support of members of support groups of journalists or human rights defenders created for this purpose.”
- In cases of urgency, the mechanism can implement protection measures even if they have not been requested
- It reforms criminal laws to criminalise attacks against HRDs
- It mandates the Mechanism to continuously provide recommendations to the beneficiaries so as to reduce their risk situation
- It allows for the submission of requests for protection “through any available means”
- It foresees complementary protection measures for other victims, including family and colleagues of the HRD.
- It establishes that the listed protection measures are not-exhaustive, and that the Mechanism can adopt any other measures it deems necessary.
- It explicitly states that protection measures must ensure that the HRDs can continue their work
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Below is a short summary of the instrument compared to the Model Law.
For additional information and analysis by ISHR on Paraguay, click here
Mechanism on the protection of human rights defenders established in the instrument? Yes
Comparison to the Model Law
|
Provision |
Covered? |
Arts. |
|
Definition of Human Rights Defender |
FULL |
3.2 |
|
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
FULL |
8, 9.9 |
|
Training of mechanism’s personnel on HR and fundamental freedoms |
FULL |
8, 11, 13 |
|
Periodic reviews with independent experts and CSO’s on the functioning of the Mechanism |
PART |
9.9 |
|
Resources for adequate functioning of the Mechanism / transparency on resource usage |
FULL |
4, 38 |
|
Public acknowledgment of human rights defenders work and rights (promotion of UN Declaration) |
FULL |
12.12 |
|
Disseminate information on protection programmes for human rights defenders, Mechanism’s work |
FULL |
9.9, 12.4, 12.19 |
|
Development of protocols and guidelines based on best practice to protect human rights defenders |
FULL |
6(a), 12.2, 34 |
|
Assist investigations for prosecuting offences against human rights defenders |
FULL |
12.14, 35 |
|
Granting of protective measures based off off a specific risk assessment |
FULL |
6(b), 9.4, 9.5 |
|
Review / appeal of Mechanism decision before courts or independent authority |
PART |
9.3, 33 |
|
Confidentiality and personal data protection |
FULL |
15(b), 36 |
|
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) |
FULL |
6(f), 9.8, 9.9, 12 |
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“Proyecto de Ley de Protección a Periodistas y Personas Defensoras de Derechos Humanos”
English automatic translation: “Draft law on the protection of journalists and human rights defenders“
2. Resolution 538/17: Security Protocol for journalists at great risk
Type of instrument: Protocol
Status (as of 1 January 2025): Adopted on 22 June 2017
Comments on the instrument:
The Protocol is relatively short and is essentially a series of recommendations that journalists should follow in case of harassment or attack. As for the State, it establishes a procedure that the police should follow to protect threatened journalists in heightened risk. Importantly, this Protocol recognises the elevated risk that journalists are exposed to and the need for a differentiated approach to protect them.
At the time of publication, civil society was in the process of discussing and redrafting a law for the protection of journalists and human rights defenders, that would complement this Protocol.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No
Mechanism on the protection of human rights defenders established in the instrument?
The protocol establishes a procedure for the protection of journalists, not what is generally understood as a protection mechanism.
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 Paraguay, click here.
|
Provision |
Covered? |
Analysis / articles |
|
Cooperation with human rights defenders, civil society, and national and international human rights bodies |
PART |
2.c |
|
Training of mechanism’s personnel on HR 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 |
NONE |
|
|
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 |
FULL |
2.b |
|
Granting of protective measures based off a specific risk assessment |
PART |
2(a,b,c), 3 |
|
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 |
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3. Draft Law on Freedom of Expression, Protection of Journalists, Press Workers and Human Rights Defenders
Type of instrument: Draft Law
Status (as of 1 January 2025): Not Adopted. Archived.
Comments on the instrument: The draft law was proposed in 2016 but rejected in 2017 and archived by Congress in 2022.
See also:
4. Inter-American Court of Human Rights. Case of Leguizamón Zaván et al. v. Paraguay. November 15, 2022