Global

Protection of Human Rights Defenders at the National Level

With the world grappling with major wars across three continents and many countries falling into authoritarianism, the work of Human Rights Defenders (HRDs) has never been more important —yet also more precarious. HRDs are increasingly in the crosshairs, targeted by severe violations and systemic repression.

In its 2023/2024 report, Frontline Defenders documented 1,538 violations against HRDs in 105 countries, including the killing of at least 300 defenders across 28 countries in 2023 alone. Among those killed, 31% worked on Indigenous rights, 16% were women, and 5% focused on LGBTQI+ rights.

The situation worsened in 2024, with 2,068 reported cases of violations in 32 countries. Land and indigenous rights defenders comprised a significant portion of those killed. Alarmingly, five countries—Colombia, Brazil, Mexico, the Palestinian Territories, and Guatemala—accounted for 78.7% of the total reported deaths by killing. The projections for 2025 indicate even a grim trajectory. Freedom House reported that in 2024, sixty countries saw a decline in political rights and civil liberties, predicting that 2025 would be a challenging year for freedom. HRDs today operate between the tightening grip of tyranny and the elusive promise of democratic ideals. They serve as critical voices of accountability and conscience. The protection of HRDs is not only crucial but also urgent.

Status of HRD Protection Around the World

The legal framework guaranteeing the protection of HRDs is embedded in various international legal instruments, notably the International Covenant on Civil and Political Rights (ICCPR). Articles 19, 21, and 22 guarantee the freedom of opinion and expression, freedom of assembly, and association, respectively. General Comment Number 4 by the UN Human Rights Committee emphasizes that the state should not criminalize HRDs and others while they exercise their freedom of expression. At the regional level, HRD protection is in the same spirit as enshrined.

The African Charter on Human and Peoples’ Rights, in Articles 9, 10, and 11, guarantees the rights of every individual to freedom of expression, association, and assembly, respectively. Similarly, Articles 10 and 11 of the European Convention on Human Rights protect the rights of individuals to freedom of expression and assembly. Furthermore, Article 13 of the Inter-American Convention on Human Rights guarantees the right to freedom of expression.

To further recognize the work of HRDs and the need for their protection, the General Assembly in 1998 unanimously adopted A/RES/53/144, titled:

“Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.”

The declaration emphasizes that everyone, individually or collectively, has the right to promote and strive for the protection of human rights. HRDs are the vanguard of these universal freedoms.

Article 12(1) of the declaration underlines the right to defend against human rights violations. It urges states to respect and uphold human rights for all, without discrimination. Most importantly, states are obliged to guarantee these rights within their jurisdiction, as reinforced in Article 2 of the ICCPR. Accordingly, they must protect all individuals and groups exercising their rights, especially those defending freedoms of expression, association, opinion, and access to information.

Snapshot of Legal Protection of HRDs Around the World

Although the Human Rights Defenders Declaration was overwhelmingly adopted in the General Assembly, relatively few states have transferred its ideas into binding law. Countries with specific legal instruments to protect HRDs include the Democratic Republic of Congo, Niger, Côte d’Ivoire, Mali, Mongolia, Mexico, Guatemala, Honduras, Colombia, Brazil, Peru, Paraguay and Ecuador.

Colombia is highlighted in this article due to its unique position as the country with arguably the most expansive laws protecting HRDs while still having the highest number of HRDs killed due to their work. The paradox of Colombia makes an instructive case for further study.

The Unique Case of Colombia’s HRD Landscape

In 2018, then Special Rapporteur on the situation of human rights defenders, Michel Forst, commended Colombia for exhibiting the political will to create a safe and conducive environment for Human Rights Defenders, albeit the challenges the country faces. The recognition and protection of HRDs in Colombia has evolved through a series of laws, decrees, and institutional frameworks.

The journey began with the establishment of the Human Rights Ombudsman’s Office (Defensoría del Pueblo) in 1991. This was followed by Law 199 of 1995, which established the Ministry of the Interior with the mandate to protect individuals, rights, and freedoms (Article 2). Law 418 of 1997, particularly Articles 67, 69, 70, and 71, provides for protective mechanisms for individuals at risk due to human rights violations or breaches of international humanitarian law—even if criminal proceedings have not yet begun. Article 69 obligates the state to offer physical protection, social assistance, relocation, identity changes, and other protective measures.

In a similar trend, the Government of Colombia formulated Law 1257 of 2008, which focused on the rights of women and addressing violations against women. It mandates the state to support women victims with legal and technical assistance, protection for them and their families, and measures to hold aggressors accountable (Articles 7–9). To reinforce protection for women HRDs, Decree 1314 of 2016 established the Intersectoral Commission on Guarantees for Women Leaders and Human Rights Defenders, tasked with coordinating the Comprehensive Program of Guarantees for Women Leaders. This underscores the role of women in promoting and protecting human rights and often being at the frontline of these struggles.

Decree 660 of 2018 created the Comprehensive Security and Protection Program for Communities and Organizations in the Territories. Its “target population” includes social, ethnic, gender-based, environmental, LGBTQI+, and human rights communities and leaders. The program aims to:

  • Identify risk factors for these groups, with particular attention to women,
  • Implement protection and risk mitigation measures, and
  • Strengthen reporting systems by HRD organizations.

Following Decree 660, another comprehensive Decree 2137 of 2018 was adopted. It creates the Commission of the Timely Action Plan (PAO) for human rights defenders, social and community leaders, and journalists. This high-level commission, headed by the president, seeks to monitor the overall situation of HRDs, formulate recommendations for managing, co-financing, and implementing the Timely Action Plan, and coordinate the implementation of self-protection projects of HRDs. The decree further creates a technical secretariat to provide technical advice to the commission on a range of issues. In recognition of the immense danger that HRDs, particularly in Colombia, face, the decree creates inter-institutional roundtables for monitoring homicide of HRDs and the inter-institutional committee for monitoring murders of HRDs (in Articles 15, 16, 17, and 18 of the decree 2137 of 2018). The round table is mandated to analyse each of the cases presented to the round table, to aid in detailed monitoring of information and data regarding the homicides of human rights defenders. The committee on monitoring murders is equally mandated to collect information about the murders of human rights defenders in the territory and analyse the figures and data related to the homicides against human rights defenders in the national territories. This, in turn, informs action to be taken by the government. The decree has, however, faced criticism from civil society organisations who have called it a ‘militaristic approach’ that ‘lacks accessibility to civil society.’

In another action to strengthen the protective measures against risks and threats to HRDs, Decree 1139 of 2021, building on Decree 4065 of 2011 that created the National Protection Unit (NPU), further reinforced its functions. The NPU receives and processes requests for protection, assesses the risks faced by HRDs, coordinates with the relevant authorities to ensure that protection measures are implemented, and responds to emergencies. It also works in coordination with other bodies, such as the Risk Management and Recommendation Committee (CEREEM), among other functions outlined in the Decree. The NPU has played a crucial role in protecting HRDs, providing them with bulletproof vests, secure phones, and relocating them to safe locations. In 2024, the NPU protected over 4,683 HRDs, according to the 2024 Human Rights report from the Office of the Commissioner for Human Rights.

Thus, Colombia’s legal framework reflects a comprehensive recognition of HRDs, the threats they face, and the obligation of the state to protect them. It offers a model that other countries could adopt.

Colombia’s Paradox on Human Rights Defenders: Leading in Legal Frameworks, Failing in Practice

Despite Colombia having a wide and comprehensive legal regime, however, the reality on the ground remains dire. According to the report of the Special Rapporteur, Michel Forst, on the situation of Human Rights Defenders presented to the 43rd session of the Human Rights Council, between 2016 to 2019, between 324 to 400 Human Rights defenders were killed in Colombia. The UN High Commissioner for Human Rights has reported a staggering number of deaths of Human Rights Defenders due to murders. In his report of 2023, 105 HRDs were mentioned as killed, and the number rose to 191 in 2024. Other entities have also reported substantially similar figures—Frontline Defenders have put the 2023 figures at 142 and 2024 at 157, while Somos Defensores puts the 2023 figure at 168. Many of these killings are at the hands of powerful criminal cartels in the country who perceive HRDs as threats to their interests. The status of HRDs prompted the country’s constitutional court in its ruling SU-546/23 of December 2023 to declare that the situation regarding violence faced by HRDs was an “unconstitutional state of affairs.” Whereas there is a general trend of reduction in attacks on HRDs since the signing of the peace agreement between the government and the FARC-EC group in 2016, the numbers are still significantly high and point to a challenge larger than the presence of the law.  The court noted the existence of structural inadequacies that include a lack of proper investigations and, in some cases, failure to bring perpetrators to book due to impunity.

Human Rights Watch has highlighted some of the obstacles to addressing the challenges: shortage of judicial officers, failure to create special judicial units with the competence to handle HRD-related violations, slow implementation of plans to protect those at risk, and budgetary constraints. Nevertheless, the UN High Commissioner for Human Rights has noted that following the court’s ruling, there have been several reforms. The Ministry of Interior has built more cohesion with the safeguard processes, adopted a comprehensive plan of action to safeguard women defenders, developed an institutional network to protect environmental defenders, and increased resources to regional authorities to strengthen the capacity of their institutions mandated to protect defenders.

Another notable progress is the strengthening of the Special Investigation Unit of the attorney general’s office. This has resulted in more convictions of the perpetrators of the violence. According to the commissioner’s report, of the 1,369 killings of HRDs between 2016 and 2024, there have been 222 convictions, 229 at trial at the time of the report, and 102 cases were under investigation, while 166 arrest warrants were issued, further demonstrating the improvement in the criminal justice system.

This progress notwithstanding, Colombia must take more robust measures, including close cooperation with civil society and individual HRDs, especially those working in indigenous territories. With this, the global and national HRD protection mechanisms will be effectively transmitted throughout the country.

Precarious though it remains, Colombia offers an important—if imperfect—template for other nations yet to adopt laws to protect Human Rights Defenders.

Martin Musiime
ISHR Communications Assistant