ABOUT THE ESPERANZA PROTOCOL
ABOUT THE ESPERANZA PROTOCOL
The Esperanza Protocol (PLE) addresses threats faced by human rights defenders, journalists, and others tasked with preserving democracy and the full enjoyment of human rights across the world. The Protocol provides useful guidance for government officials, prosecutors, judges, human rights defenders (HRDs), journalists and others. The PLE underlines the individual and collective impact of threats on human rights defenders. It provides a roadmap for establishing public policies to effectively address threats as well as guidelines for the prosecution of threats.
The Protocol invokes hope (Esperanza in Spanish) for two reasons: first, because its primary aim is to ensure a hopeful future for human rights defenders. The second is in honor of La Esperanza, a town in western Honduras that is the hometown of Berta Cáceres, indigenous-rights activist, feminist, and environmentalist who was murdered in 2016 after 33 uninvestigated threats.
Berta’s killing exemplifies a worrisome global trend. Historically and globally, threats against human rights defenders are used as a means of intimidation. However, threats are generally left uninvestigated and unpunished, which has a chilling effect on the work of defenders and threatens the stability of democratic institutions and the enforcement of human rights. This absence of investigations and accountability promotes a state of impunity that feeds a vicious cycle of violence.
The Esperanza Protocol (PLE) addresses threats faced by human rights defenders, journalists, and others tasked with preserving democracy and the full enjoyment of human rights across the world. The Protocol provides useful guidance for government officials, prosecutors, judges, human rights defenders (HRDs), journalists and others. The PLE underlines the individual and collective impact of threats on human rights defenders. It provides a roadmap for establishing public policies to effectively address threats as well as guidelines for the prosecution of threats.
The Protocol invokes hope (Esperanza in Spanish) for two reasons: first, because its primary aim is to ensure a hopeful future for human rights defenders. The second is in honor of La Esperanza, a town in western Honduras that is the hometown of Berta Cáceres, indigenous-rights activist, feminist, and environmentalist who was murdered in 2016 after 33 uninvestigated threats.
Berta’s killing exemplifies a worrisome global trend. Historically and globally, threats against human rights defenders are used as a means of intimidation. However, threats are generally left uninvestigated and unpunished, which has a chilling effect on the work of defenders and threatens the stability of democratic institutions and the enforcement of human rights. This absence of investigations and accountability promotes a state of impunity that feeds a vicious cycle of violence.
Human rights defenders play a fundamental role to make sure that national and international human rights commitments are upheld by governments. They work for the rights of all people. Threats impede defenders’ ability to do their work and live a dignified life.
A protocol on the investigation of threats against HRDs can contribute decisively to make the issue visible, highlight threats’ differentiated effects on HRDs with diverse identities, strengthen investigations, and reiterate the importance of an intersectional approach to patterns of human rights violations, as well as promote the adoption of reparation measures. Specific standards that guide investigations can help overcome impunity for human rights violations, as has occurred in the face of other serious human rights violations, such as torture, extrajudicial executions or femicide.
Through the Esperanza Protocol, we want to encourage States across the world to design policy measures for the protection of human rights defenders that incorporate the investigation of threats. Beyond general standards of due diligence developed for the investigation of grave human rights violations, few concrete guidelines for the investigation of threats exist to date.
The Protocol can guide the development of national, regional, and international policies that include standards to fight against impunity by improving legal standards and criminal policy measures to facilitate prosecution.
The Protocol can also play a role in the development of local protection mechanisms that are developed collaboratively with civil society and other stakeholders and conscious of intersectional considerations such as culture, race and gender. The Protocol also encourages States to develop prevention policies; measure compliance with their international obligations; and establish violations of international law when committed.
A protocol on the investigation of threats against HRDs can contribute decisively to make the issue visible, highlight threats’ differentiated effects on HRDs with diverse identities, strengthen investigations, and reiterate the importance of an intersectional approach to patterns of human rights violations, as well as promote the adoption of reparation measures. Specific standards that guide investigations can help overcome impunity for human rights violations, as has occurred in the face of other serious human rights violations, such as torture, extrajudicial executions or femicide.
Through the Esperanza Protocol, we want to encourage States across the world to design policy measures for the protection of human rights defenders that incorporate the investigation of threats. Beyond general standards of due diligence developed for the investigation of grave human rights violations, few concrete guidelines for the investigation of threats exist to date.
The Protocol can guide the development of national, regional, and international policies that include standards to fight against impunity by improving legal standards and criminal policy measures to facilitate prosecution.
The Protocol can also play a role in the development of local protection mechanisms that are developed collaboratively with civil society and other stakeholders and conscious of intersectional considerations such as culture, race and gender. The Protocol also encourages States to develop prevention policies; measure compliance with their international obligations; and establish violations of international law when committed.
