LANDex - Global Land Governance Index

Protection of Land Rights Defenders

10A Legal and institutional framework in place at national level protects land rights defenders

People-Based Assessment

This indicator measures to what degree the legal and institutional framework in a country is contributing to creating an enabling environment for land and environmental defenders (LED) and human rights defenders, more broadly.

Methodology

Methodology for this indicator was derived from the International Service for Human Rights (ISHR) Model Law for the Recognition and Protection of Human Rights Defenders. More information on the Model Law is available here.

Please Read

For this block, you will be asked to respond to questions in two different ways: some questions will be answered Yes (Y), No (N) or in cases that they don't apply as Not Applicable (N/A). Other questions will be answered on a scale of 0-3, according to descriptions available next to the possible responses.

Please choose the response that best represents the situation in your country and only respond to the questions that you are comfortable responding to. Under each response, you will be provided with a space to add references and detail to justify your response.

Answers you enter into this form will be saved in your browser, to help if you need to pause while completing the form.

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Basic Information

What country does this data pertain to?*

What email address can you be contacted at?*

What is your name?

Would you like your name to be kept anonymous?

What organisation are you affiliated with?

What sector does your organisation work in?

Block 1: General Provisions

Block 1/4

Q1: Has your country committed to implement the UN General Assembly Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms?

Yes No

Source, year

Q2: Has your country signed the Kigali Declaration?

Yes No N/A

Source, year

Q3: Has your country signed the African Charter on Human and Peoples’ Right, Resolution 69?

Yes No N/A

Source, year

Q4: Has your country signed the Grange Bay (Mauritius) Declaration and Plan of Action?

Yes No N/A

Source, year

Q5: Has your country signed the American Convention on Human Rights?

Yes No N/A

Source, year

Q6: Does your country have a definition of a “human rights defender?”

Yes No

Source, year

Q7: Does your country have any specific, national-level provisions to protect defenders of the land and the environment?

Yes No

Source, year

Block 2: Rights of Human Right Defenders and Responsibilities to Defend

Block 2/4

Q1: In your country, does everyone – individually and in association with others – have the right to promote and protect human rights and fundamental freedoms?

Yes No

Reference

Q2: Does everyone – individually and in association with others – have the right to form groups, associations and organizations for the purpose of promoting and striving to protect human rights and fundamental freedoms?

Yes No

Reference

Q3: Does everyone – individually and in association with others – have the right to solicit, receive and utilize resources used to promote, protect and realize human rights and fundamental freedoms?

Yes No

Reference

Q4: Does everyone – individually and in association with others – have the right to seek, receive, and disseminate information about human rights and fundamental freedoms?

Yes No

Reference

Q5: Does everyone – individually and in association with others – have the right to develop and discuss new ideas and principles related to human rights and fundamental freedoms, and to advocate for their acceptance?

Yes No

Reference

Q6: Does everyone – individually and in association with others – have the right to freely communicate with organizations, bodies, mechanisms, or individuals with a mandate relevant to human rights and fundamental freedoms?

Yes No

Reference

Q7: Does everyone – individually and in association with others – have a right to access, communicate and cooperate with international and regional human rights bodies and mechanisms?

Yes No

Reference

Q8: Does everyone – individually and in association with others – have the right to participate in public affairs in the government of his or her country on a non-discriminatory basis, regarding human rights and fundamental freedoms?

Yes No

Reference

Q9: Does everyone – individually and in association with others – have the right to meet or assemble peacefully and participate in peaceful activities concerning human rights and fundamental freedoms?

Yes No

Reference

Q10: Does everyone – individually and in association with others – have the right to assist, represent or act on behalf of another person, association, organization or institution in relation to the promotion, protection and exercise of fundamental rights and freedoms?

Yes No

Reference

Q11: Does everyone within the territory or subject to its jurisdiction have the right to liberty of movement and freedom to choose his or her residence (and the right to carry out human activities in the entire territory or place of jurisdiction)?

Yes No

Reference

Q12: Does everyone – individually and in association with others – have a right to privacy?

Yes No

Reference

Q13: Does everyone – individually and in association with others – have the right to enjoy freedom from any form of intimidation or reprisal on the ground of or in association with his or her status, activities or work as a human rights defender?

Yes No

Reference

Q14: Does everyone – individually and in association with others – have the right to enjoy freedom from any form of defamation, stigmatization, or other harassment in association with his or her status, activities or work as a human rights defender?

Yes No

Reference

Q15: Does everyone – individually and in association with others – have the right to the unhindered exercise of his or her cultural right in his or her activities and work as a human rights defender, and to the free and full development of his or her personality?

Yes No

Reference

Q16: Does everyone – individually and in association with others – have the right to an effective remedy and full reparation in the event of a violation of their rights related to their activities or work as a human rights defender?

Yes No

Reference

Block 3: Obligations of Public Authorities

Block 3/4

Q1: Do public authorities have an obligation to respect, promote, protect, and fulfill the rights of human rights defenders?

Yes No

Reference

Q2: Do public authorities have an obligation to facilitate the activities and work of human rights defenders?

Yes No

Reference

Q3: Do public authorities have an obligation to provide free access to materials relating to human rights and fundamental freedoms?

Yes No

Reference

Q4: Do public authorities have an obligation not to disclose confidential sources used by human rights defenders?

Yes No

Reference

Q5: Do public authorities have an obligation to take all necessary measures to prevent and protect human rights defenders against any intimidation or reprisal by any public or private actor?

Yes No

Reference

Q6: Do public authorities have an obligation to take all necessary measures to ensure the protection of human rights defenders against arbitrary or unlawful intrusion and interference?

Yes No

Reference

Q7: Do public authorities have the obligation to conduct an investigation whenever there is reasonable ground to believe that a human rights defender has been killed, disappeared, tortured, ill-treated, arbitrarily detained, threatened or subject to a violation of any of their rights, whether this is suspected to be at the hand of a public authority or private actor?

Yes No

Reference

Q8: Do public authorities have an obligation to take all necessary measures to ensure effective remedy and full reparation are available and provided in cases where human rights defenders' rights are violated?

Yes No

Reference

Q9: Do public authorities have an obligation to consider intimidation and reprisal against a person, on the grounds of or in association with their status, activities and work as a human rights defender, an offence?

Yes No

Reference

Q10: Do public authorities have an obligation to promote, facilitate and adequately resource teaching, training and education about human rights and fundamental freedoms for all public authorities and all persons within the country’s jurisdictions?

Yes No

Reference

Q11: Do public authorities have the obligation to take all necessary steps within their power to provide assistance to a human rights defender abroad who may have been subject to intimidation or reprisal on the grounds of or in association with his or her status, activities or work as a human rights defender?

Yes No

Reference

Block 4: Mechanisms for Protecting Human Rights Defenders

Block 4/4

Q1: Has the State established a mechanism or program that coordinates the protection of human rights defenders?

Yes No

Reference

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Protection of Land Rights Defenders