Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms, approved by the United Nations General
Assembly through Resolution A/RES/53/144 of 1999, establishes that “everyone has the
right, individually and in association with others, to promote and to strive for the
protection and realization of human rights and fundamental freedoms at the national and
international levels.” Moreover, in the opinion of this Court, such activities must be carried
out peacefully, so that this concept does not include acts of violence or acts that lead to
violence. 228 In addition, these activities for the promotion and protection of human rights
may be carried out intermittently or occasionally, so that the condition or status of human
rights defender is not necessarily permanent. 229
130. Prior to his exile in Mexico, Mr. A.A. organized a workers’ union at a sugar mill,
participated in projects to provide decent housing and in the creation of a cooperative,
among other activities. Upon his return to the village of Cruce de la Esperanza, he was
involved in establishing the Integral Development Association for People with Disabilities of
Western and Southern Guatemala. In 1998, he promoted the construction of the
Community Self- Management School in that village, subsequently serving as member and
President of its education committee. In 2001, he joined a committee made up of local
residents to tackle the problems of school drop-out rates, under-achievement and nonattendance of girls. The following year the United Nations System in Guatemala, among
other organizations, nominated him for an “Unsung Hero” award, for his “commitment to
peace-building and the development of his community,” through activities such as “the
construction of homes for poor people.” In 2003, as a member of the Culture and Sports
Committee of the village of Cruce de la Esperanza, he promoted the construction of a
sports complex and an Institute of Basic Education so that “children and young people
[would have…] a place to complete their education and also to promote multiculturalism,
especially in the area of sports […and] the field of music […].” In addition, as Community
Mayor of the COCODE of the village of Cruce de la Esperanza, he promoted activities to
preserve the historical memory of the internal armed conflict. At the time of his death, he
was seeking justice for the forced disappearance of his son, Y.A. (supra paras. 82 to 88).
131. From the foregoing account, it is clear that, prior to his departure to Mexico, Mr.
A.A. was involved in activities to promote labor rights and the right to a decent life
through the construction of homes (supra paras. 82 and 84), among other activities. Upon
returning to the Village of Cruce de la Esperanza, he worked to promote a child’s right to
education, the right to a decent life and to the benefits of culture, as well as the rights of
individuals with disabilities. Furthermore, as part of his work as Mayor of the COCODE of
his village, he organized activities to promote the right to know the truth about human
rights violations committed during the armed conflict in Guatemala. Consequently, the
Court considers that Mr. A.A. held the status of a human rights defender both before his
exile to Mexico and after his return to Santa Lucía, and at the time of his death.
132. Regarding Mrs. B.A., in her position as Social Organization Officer of Santa Lucía,
she was involved in organizing unions in that municipality in 2004. 230 She also played an
active role in the search for justice for the forced disappearance of her brother, Y.A., both
in the domestic investigations and before the international bodies, which resulted in the
Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala (supra para. 90). After her
228
Also
see:
Statement
on
Human
Rights
Defenders,
Article
12.3,
Available
at:
http://www.ohchr.org/SP/Issues/SRHRDefenders/Pages/Statement .aspx; Council of the European Union, European
Union Guidelines on Human Rights Defenders. December 8, 2008, supra, para. 3, and Office of the United Nations
High Commissioner for Human Rights, “Human Rights Defenders: Protection of the Right to Defend Human Rights”,
Fact Sheet No. 29, supra, page 11.
229
In her expert report, Ms. Hina Jilani stated: “the status of a human rights defender is not permanent; in
some cases it is, because there are non-governmental organizations dedicated solely to that activity, at national or
international level. However we cannot deny that status to those who have acted temporarily to promote Human
Rights.” See, also, High Commissioner for Human Rights, Human Rights Defenders: Protection of the Right to Defend
Human Rights, Fact Sheet No. 29, supra, pages 8 to 9, which states that: “[m]any professional activities do not
involve human rights work all of the time, but may have occasional links with human rights.” When such activities
are carried out in a manner that implies specific support for human rights, it may be said that those individuals who
perform them act as human rights defenders. Furthermore, “[m]any people act as human rights defenders outside
any professional or employment context.” The important point to consider is how these people act in support of
human rights and, in some cases, determine if they make a “special effort” to promote or protect human rights.
230
The Court also confirmed that on November 12, 2003, Mrs. B.A. served as Vice-president of the Women’s
Network of Escuintla (supra para. 89). However, it has no information on the activities carried out by that
organization, or on Mrs. B.A.’s activities as its Vice-president.
41
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