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Relatively short as compared to the Model Law, however, it establishes a decently comprehensive Protection Mechanism. Its adoption in 2019 by a Ministry means it contains no explicit State obligations.

Protocol to guarantee the protection of human rights defenders in Perú of 2019

Type of instrument: Protection Mechanism
Status: (as of 1 January 2022)
Adopted on 25 April 2019

Comments on the instrument:
The Protocol adopted by the Minister of Justice and Human Rights is relatively short as compared to the Model Law. However, it establishes a decently comprehensive Protection Mechanism. Given that the Protocol was adopted by a Ministry, no explicit obligations are imposed on the State, but rather State agencies are referenced as entities with which the Protection Mechanism must cooperate (i.e. ‘mechanism must work with the police’), without a duty on State agencies to cooperate. Similarly, rights of human rights defenders are not explicitly recognised. Article 7.2.14, however, lists various human rights defender rights that, when at risk, can trigger action by the Protection Mechanism.

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 Perú, click here.

Fundamental rights for human rights defenders incorporated in the instrument:

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

PART

5.1.8

Right to promote and protect human rights and fundamental freedoms

PART

6.5.7

Right to Form Groups, Associations, and Organisations

PART

7.2.14

Right to Solicit, Receive and Utilise Resources

NONE

 

Right to freedom of expression and to seek, receive and disseminate Information

PART

7.2.14

Right to access and cooperate with NGOs, government organisations and international organisations

PART

7.2.14

Right to participate in public affairs

PART

7.2.14

Right to Peaceful Assembly

PART

7.2.14

Right to represent and advocate

NONE

 

Right to freedom of movement

PART

6.5.6

Right to Privacy

PART

7.2.14

Freedom from intimidation or reprisal

PART

5.1.3, 6.5.2

Freedom from defamation and stigmatisation

PART

6.5.3, 6.5.9

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

PART

3.1

Obligation to facilitate the activities and work of human rights defenders 

NONE

 

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

PART

3.1, 

7.2.16, 7.2.17

Obligation to investigate, provide an effective remedy and ensure reparation

PART

7.3

Mechanism on the protection of human rights defenders established in the instrument?
Mechanism established in article 6.1

Provision

Covered?

Articles

Cooperation with human rights defenders, civil society, and national and international human rights bodies

FULL

6.2.6, 6.2.7, 6.3

Training of mechanism’s personnel on HR and fundamental freedoms

PART

7.1.6, 7.1.7, 7.3.1, 7.3.2

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)

FULL

2.1, 7.1

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

FULL

7.2.9, 7.3.3, 7.3.5

Assist investigations for prosecuting offences against human rights defenders

FULL

7.2.16(a) and  (e), 7.3

Granting of protective measures based off a specific risk assessment

FULL

6.2.3, 6.2.5, 6.7, 7.2

Review / appeal of Mechanism decision before courts or independent authority

PART

7.2.7

Confidentiality and personal data protection

FULL

6.6

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

6.2.2, 6.2.4, 8.1

Quick downloads

2019 protocol