HRDs and the International Community

"Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels."
- UN Declaration

In 1998 the United Nations recognised the importance of the work of human rights defenders and their need for protection by adopting the “Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognised human rights and fundamental freedoms". In November 2009 the UN General Assembly passed a resolution reaffirming its commitment to protecting and supporting HRDs in their work (see menu above for full text of the resolution).

In 2004, after initial drafting by an advisory council that included PBI, the European Union produced the first Guidelines on Human Rights Defenders. These Guidelines instructed EU diplomaitcmissions in their dealings with human rights defenders and governments around the world.

Four years later a second, updated set of EU Guidelines were produced in order to improve effectiveness in protecting Human Rights Defenders at ground level. Missions are advised to:

• Produce periodic reports outlining the broad human rights situation, noting specific cases of concern.

• Take urgent local action when needed and make recommendations for further EU involvement.

• Prepare local strategies in co-ordination with HRDs, with special attention given to the protection of women defenders.

• Organise at least a once yearly meeting between HRDs and missions diplomats

• Maintain contact with HRDs through receiving them in the missions and visiting their areas of work.

• Provide visible recognition for HRDs and their work through use of traditional and new-media methods of communication.

• Visit, where appropriate, HRDs in custody or under house arrest and attend trials as observers.

• Raise specific cases with third country governments.

• Involve HRDs in the preparation, follow-up and assessment of human rights discussions with third country governments.

• Provide measures for swift assistance of HRDs in danger, including the issuing of emergency visas and the offer of temporary shelter in EU member states.

• Provide access to financial support where necessary.

Urgent local action can be organised through “local working groups”, of which HRDs can and should be members. Actions can involve a combination of the above options as well as the diplomatic use of condemnations, démarches and public statements.

Equally integral to the Guidelines is a duty to “proactively” support Human Rights Defenders on the world stage by means of political dialogue and promotion of the UN Human Rights Council and its Special Rapporteurs.
When, for example, the EU President, High Representative for Foreign Affairs or other relevant official visits a country with human rights issues they should seek to meet with HRDs wherever possible and reflect any concerns in their discussions with third country governments.

These have all been key developments in the international effort to protect Human Rights Defenders more effectively.

PBI and HRDs

Since 1983 Peace Brigades International has sought to help HRDs wherever we have been asked. We look to enable them rather than act on their behalf; to provide them with the political support they need by means of accompaniment and advocacy. With five current projects in Colombia, Guatemala, Indonesia, Mexico and Nepal there are over 50 PBI field volunteers observing and protecting HRDs at any one time.

Though both the UN Resolutions and the EU Guidelines are welcome developments, we at PBI believe that even more can be done to protect the rights and freedoms of the many HRDs who routinely put their safety on the line.

At the Security and Protection Conference in April 2009 (co-organised by PBI), human rights experts from the UN, EU, NGOs, embassies, national governments and academia drew up a list of 26 recommendations towards the coherent adoption of the Guidelines across all EU missions. These recommendations were broken down into six main categories:

• Systematic strengthening of the implementation of the EU Guidelines

• Reviewing and streamlining emergency responses for HRD protection and security

• Addressing the protection needs of HRDs in particularly challenging environments

• Strengthening HRD utilisation of the EU Guidelines’ potential

• Improving HRDs’ ability to address their own protection needs

• Moving beyond current practice

Among these recommendations the conference highlighted the need to:

• Expand the application of the many tools of HRD support including use of diplomatic presence, visible recognition to HRDs, field visits, dissemination of publications, advocacy interventions and emergency responses.

• Create a “tool kit” for Missions' staff, which would describe the prevalent human rights issues and set out a ratcheted scale of Embassy processes so staff can identify the most suitable, proportionate response to each situation.

• Review the possibility of funding or making available safe houses and emergency shelters, medical or psychological support, referral contacts, and legal aid and advocacy.

• Review the possibility of granting of emergency visas for HRDs who need to leave their country temporarily, including a survey of the range of visa mechanisms available through each state, as well as the potential of new initiatives, such as the Czech-proposed Shelter Cities.

• Develop more creative strategies for approaching countries which have demonstrated a persistent disregard for human rights and international pressure.

• Respond more effectively to hostile media attacks and abusive legal proceedings brought against HRDs, which are made in an attempt to delegitimise them.

• Ensure embassies and EU missions make the local HRD community fully aware of the Guidelines and their potential, and - to the extent allowable – support with relevant action plans. This requires translation, dissemination efforts, and ongoing contact with HRDs.

• Form effective HRD networks as an important protection mechanism, particularly for isolated and marginalised HRDs, as a means of disseminating information, consultation on case analysis, engaging with the institutional protection mechanisms available and facilitating a more effective engagement with the diplomatic community.

• Increase pressure on transnational corporations and other non-state actors for accountability for human rights abuses. (EU, individual Member States and other relevant actors).

• Consider creating new alliances and new partners, especially with Muslim countries, powerful Southern countries (such as Brazil, Nigeria, Indonesia, etc.) as well as China.

One of the recurring themes brought up by conference delegates was the inconsistency with which the Guidelines had been locally implemented and how this undermined their impact. To rectify this, it was suggested (but not recommended) that implementation of the Guidelines should be included in diplomats’ job descriptions and performance reviews so as to incentivise their regular and uniform application. Stress was also placed on the need for the broadest possible co-operation and communication between governments, NGOs and HRDs so as to provide a fast, powerful and organised response to threats and attacks on Defenders wherever they occur.

Although the revised 2008 Guidelines introduced a requirement to provide visas “where appropriate” there have been instances where HRDs have found it difficult to obtain them both for urgent protection and attendance at international events to which they have been invited. Particular attention should therefore be given to the conference recommendation to review and reorganise current emergency and transit policies.

PBI urges all EU and non-EU countries to protect HRDs wherever necessary and adopt the above measures so that Human Rights Defenders get the protection they need.

For all 26 recommendations and a more in-depth report, see the Security and Protection Conference 2009 page.