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Human Rights Defenders with No Human Rights?

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Human Rights Defenders with No Human Rights? UNIVERSITY OF SOUTHERN DENMARK / DANISH INSTITUTE FOR HUMAN RIGHTS European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 Human Rights Defenders with no Human Rights? Analysis of the protection and situation of Human Rights Defenders in the Middle East: The Case of Lebanon Lebanon: Safe Haven for Human Rights Defenders in the Middle East? Author: Elie Broumana Supervisor: Dr. Marie Juul Peterson Human Rights Defenders with no Human Rights? Analysis of the protection and situation of Human Rights Defenders in the Middle East: The Case of Lebanon ABSTRACT Human Rights Defenders in the Middle East often face dangerous conditions throughout their work. Many have been subjected to human rights violations. As a result, most Human Rights Defenders operate far from the region. In order to understand the circumstances faced by Human Rights Defenders in the Middle East, this thesis analyses the factors contributing to the situation of Human Rights Defenders in the Middle East and the framework in which they operate. Given the complexity and diversity of the situation, the thesis mainly only covers Lebanon. Prior to the examination and analysis of the situation of Human Rights defenders in Lebanon, a thorough analysis of the term “Human Rights Defenders”, and its scope, is conducted in this thesis. The declaration on human rights defenders was the starting point for the protection of human rights defenders around the world. Similarly, the thesis relies on the declaration on human rights defenders as its starting point to address the issues at stake. This thesis also outlines the existing protection mechanisms available for human rights defenders operating in the Middle East and presents a historical analysis of Lebanon with regards to its human rights work, including a comprehensive mapping of different stakeholders and their activities. This thesis mainly analyzes three different factors contributing to the situation of human rights defenders; legal framework, state policies and practices, non-state actors and societal cultures and practices. The examination of these factors identifies the challenges faced by human rights defenders in Lebanon, which is consequently used to outline best practices for the protection of human rights defenders in Lebanon. This thesis hopes to help researchers and activists better understand the situation for human rights defenders in Lebanon and propose effective avenues of protection for human rights defenders suitable for the context of Lebanon. It aims to raise awareness and combat the consequences of being a human rights defender in the Middle East. The main purpose of this research is to help researchers and activists gain a more holistic, nuanced understanding of the topic at hand. 2 | Page DEDICATION This thesis is dedicated to all Human Rights Defenders in the Middle East who suffered a great deal of challenges in order to promote and protect human rights. For those who had their rights violated for their work on human rights, this thesis is dedicated to raise awareness and educate all relevant stakeholders on the topic of human rights defenders. 3 | Page ACKNOWLEDGMENTS Foremost, I am grateful for having the opportunity to be supervised by Dr. Marie Juul Peterson. Her support, advice and knowledge positively contributed to my thesis; I have received her continuous guidance during my work. I would also like to take the opportunity to thank Dr. Eva Maria Lassen for her support and encouragement throughout my stay at the Danish Institute for Human Rights. My sincere gratitude goes to the Global Campus of Human Rights team who has been my main source of knowledge and inspiration in this thesis. Last but not the least, I would like to thank my family and friends who were there for me whenever I needed them; Mary Broumana, Joseph Broumana, Stephanie Broumana, Sally Broumana, Sara Broumana and Karim Maatouk. 4 | Page Table of Contents Abstract ................................................................................................................................................................... 2 Dedication ................................................................................................................................................................ 3 Acknowledgments .................................................................................................................................................. 4 Chapter 1: Introduction ......................................................................................................................................... 6 1.1 State of the Research on Human Rights Defenders ......................................................................................... 6 1.2 Central Research Questions ............................................................................................................................. 8 1.3 Methodological Approach ............................................................................................................................... 8 1.4 Outline of the Research ................................................................................................................................... 9 Chapter 2: Introducing the key concepts ........................................................................................................... 10 2.1 Declaration on Human Rights Defenders ...................................................................................................... 10 2.2 Analyzing and Defining the term “Human Rights Defenders” ..................................................................... 14 2.3 Protection of Human Rights Defenders ......................................................................................................... 20 2.4 Mapping and Assessing available protection mechanisms ............................................................................ 22 Chapter 3: Presentation of analytical framework ............................................................................................. 27 Chapter 4: Human rights defenders in Lebanon: An introduction ................................................................. 33 4.1 Brief Introduction to Lebanon ...................................................................................................................... 33 4.2 History of Human Rights activism in Lebanon ............................................................................................ 36 4.3 Human Rights Defenders in Lebanon: Recent Years Defenders ................................................................... 38 Chapter 5: Challenges and obstacles for the protection of Human Rights Defenders in Lebanon .............. 45 5.1 Legal framework .......................................................................................................................................... 45 5.2 State policies and practices ............................................................................................................................ 55 5.3 Non-state actors and societal cultures and practices ...................................................................................... 66 5.4 Brief summary on challenges identified ........................................................................................................ 72 Chapter 6: Avenues for increased protection of Human Rights Defenders in Lebanon................................ 74 Chapter 7: Conclusion ........................................................................................................................................ 83 Bibliography .......................................................................................................................................................... 86 5 | Page CHAPTER 1: INTRODUCTION 1.1 STATE OF THE RESEARCH ON HUMAN RIGHTS DEFENDERS The application of human rights in the Middle East has always been criticized by human rights experts. In comparison to other regions, the Middle East is far behind on its implementation and fulfillment of international human rights standard. Arab states seem to be reluctant to step up on improving their human rights record. This phenomenon has caused the need for individuals and organizations to assume the duties and responsibilities to protecting and to promoting human rights in the region; human rights defenders. Human rights defenders work to promote and protect human rights and democracy in many states in the Middle East. The relationship between democracy and human rights is known to be important in the sense that there cannot be democracy without human rights and there cannot be human rights without democracy. Democracy is vital for the implementation of human rights. Similarly, there cannot be democracy and human rights without human rights defenders and vice versa. The failure of states to secure democracy and human rights have contributed to the essential role of human rights defenders. The presence of human rights defenders has become now more important than ever as human rights violations are occurring on a daily basis in the Middle East and in other parts of the world. Indeed, human rights defenders have not only gained the attention states but also civil society and other international organizations. The establishment of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, often referred to
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