Draft law on the promotion and protection of human rights defenders
Type of instrument: Law
Status: (as of 1 January 2022)
In progress; being discussed by civil society.
Comments on the instrument:
Whether implicitly or explicitly, the draft law contains most provisions of the Model Law regarding substantive rights of human rights defenders. However, obligations on the State are lacking. There is also a grave omission of the obligation to provide an effective remedy.
Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Potentially. Article 12 ‘Ensuring the credibility of the information before taking action’ could be used against human rights defenders, for example, In cases where the human rights defender believes that the information on which it acted is true, but it turns out to be false. Despite the good faith of the human rights defenders, they could be sanctioned by the State if it considers that the provision was violated.
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 Senegal, 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 |
4 |
|
Right to promote and protect human rights and fundamental freedoms |
FULL |
3, 8 |
|
Right to Form Groups, Associations, and Organisations |
FULL |
8 |
|
Right to Solicit, Receive and Utilise Resources |
FULL |
8 |
|
Right to freedom of expression and to seek, receive and disseminate Information |
FULL |
7, 8 |
|
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations |
FULL |
8 |
|
Right to participate in public affairs |
FULL |
7, 11 |
|
Right to Peaceful Assembly |
FULL |
8 |
|
Right to represent and advocate |
FULL |
7, 8 |
|
Right to freedom of movement |
PART |
13 |
|
Right to Privacy |
PART |
9, 14, 17 |
|
Freedom from intimidation or reprisal |
FULL |
9 |
|
Freedom from defamation and stigmatisation |
PART |
XX |
State obligations regarding human rights defenders in the instrument?
|
Provision |
Covered? |
Analysis / articles |
|
Obligation to facilitate the activities and work of human rights defenders |
FULL |
18 |
|
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal |
PART |
XX, 13, 14, 15 |
|
Obligation to investigate, provide an effective remedy and ensure reparation |
NONE |
Mechanism on the protection of human rights defenders established in the instrument?
No. Article 19 mentions that a Mechanism must be created by the government.