Rampant impunity, for mass atrocity crimes and human rights violations alike, is a structural factor that enables the perpetuation of violence and prevents sustainable peace. The normalisation of impunity also facilitates attacks by hostile governments on the judiciary and international courts. Addressing impunity and supporting mechanisms for justice at the domestic and international levels is a crucial component of preventing harm and creating an enabling environment for HRDs.
Impunity is also a factor behind transnational repression, which in some cases requires the cooperation of host states and is always based on the assumption that its perpetrators will not be held accountable. Transnational repression affects HRDs in a range of different settings, including those living in exile as well as those carrying out advocacy work in the UN or other institutions. If left unaddressed, it will increasingly freeze HRDs out of the forums in which they seek to raise their concerns.
Governments need to find more effective ways of addressing reprisals against HRDs within their own borders. This is a real challenge when trying to shield HRDs from reprisals when their countries of origin have a long reach.
Proposals for action:
- Human rights actors should continue to press for accountability, both in general and in response to attacks or reprisals on HRDs. This should begin with a push for justice at the national level rather than focusing too heavily on the limited avenues for international justice. Regional approaches should also be intensified.
- In response to transnational repression, states should develop protocols to respond, with new legislation if necessary. This should aim to enable states to prosecute individuals who carry out reprisals or threats against HRDs within their jurisdiction. It should also include holding companies to account where they facilitate transnational repression.
- In the UN context, states should call for a resumption of the practice of naming states that carry out reprisals in the report of the Secretary-General. States should also push for more coordination across different institutions, mandates, and resolutions, while also speaking out on individual cases and continuing to follow them – including after they return to their home country.
- Diplomats should monitor and attend trials of HRDs wherever possible, in an effort to guard against miscarriages of justice.