Commissioner Lindiwe Mokate South African Human Rights
Commission 18 September, 2014 The Role of National Human Rights
Institutions in Defending Human Rights Defenders 1
Slide 2
National Human Rights Institutions 1) Protectors of Human
Rights Defenders; 2) Human Rights Defenders themselves. (per:
Margaret Sekaggya, former UN Special Rapporteur on Human Rights
Defenders) 2
Slide 3
Structure of Presentation 3 1. Role of NHRIs in dual role of:
a) protection of human rights violations in business practices; b)
protection of human rights defenders in BHR work; 2. Factors that
enable/constrain NHRIs to perform role; 3. Strategies and
opportunities for enhanced NHRI execution of protective role; 4. B
est practices and Case Studies from SAHRC.
Slide 4
NHRI as defenders of human rights 4 Promotion and protection of
human rights core function of NHRIs, established by
law/constitution. Policy and legislative advisory function; Redress
advisory function; Awareness-creation function; Investigative
function; Research function.
Slide 5
NHRI as protectors of human rights defenders 5 Categories of
Human Rights Defenders: NGOs; CBOs; Trade Unions; Media;
Public-spirited individuals.
Slide 6
NHRIs as protectors of human rights defenders 6 Types of Risks
confronting Human Rights Defenders: Physical assault and
extrajudicial killing of human rights defenders; Intimidation of
union representatives and legal representatives of victims;
Harassment media personnel and public-spirited whistleblowers; Lack
of legal representation for human rights defenders.
Slide 7
NHRIs as protectors of human rights defenders contd. 7
Mechanisms for protection Complaints lodged with NHRIS by Human
Rights Defenders; Joint Investigations; Joint Hearings; Joint
Strategic Litigation; Amicus Curiae; Joint Awareness Campaigns;
Parliamentary Submissions; Submissions to the Office of the
President; Reports to UN bodies; Authoritative Public
Statements/Opinions.
Slide 8
An enabling environment for the protection of human rights
defenders A legal framework conducive to the advancement of the
work of NHRIs- For instance: The Labour Relations Act Basic
Conditions of Employment Act Employment Equity Act Occupational
Health and Safety Act Compensation for Occupational Injuries and
Diseases Act The Protected Disclosures Act Independence Operational
autonomy-freedom from government or other interference in the
carrying out of the institutions mandate Financial independence and
appropriate resourcing-While funding may be dependent on
government, it is not dependent on the decisions made or the
persons appointed 8
Slide 9
Factors that enable NHRIs to be effective protectors of human
rights & HR defenders 9 Enabling Factors 1) Integrity in
Commission composition & appointment process; 2) Financial and
Operational Independence; 3) Comprehensive Legislative Powers
(Incl. enforcement powers); 4) Existence of other effective
institutions supporting embedding of human rights culture:
Independent Judiciary; Effective Parliament; Pluralistic Media;
Active and empowered Civil Society.
Slide 10
BHR Best practices - SAHRC 10 Thematic Focus Area 2014/5
Business and Human Rights; Development of Business and Human Rights
Country Guide for South Africa (DIHR); Development of Disability
Toolkit for Business in South Africa ; Country-wide Advocacy
Roundtable Discussions on Business and Human Rights;
Multi-Stakeholder National Conference on Business and Human Rights;
Ongoing Investigations of Business and Human Rights.
Slide 11
BHR Case Studies - SAHRC 11 Marikana Platinum Mine (Lonmin -
owned) - Watching Brief at National Commission of Enquiry;
representation of public interest; research into underlying causes
of human rights violations in Marikana; POSIB - Submission to
President and Parliament on the adverse impact of human rights on
media practitioners and public-spirited whistle-blowers; Delivery
of Learning Material Public Hearing Partnering with NGO in
strategic impact hearing ensuring corporate compliance with human
rights of children.
