Impunity workshop (English)

Workshop C – Spanish

Wednesday, September 10th: National Strategies of Fight against Impunity

The case-studies examined during the discussion showed that the local, national and international levels of strategies against impunity are always interrelated and interdependent. They also highlighted several key factors to successful strategies. At the local level:

•It is necessary to have local mobilizations of victims and/or families and to involve them directly in protest movements.

•It is necessary to take into account, as much as possible, the concerns of local residents, to define and outline, with them, their daily needs and/or the most serious violations.

This will help to fortify the credibility of NGOs among local residents/communities and the legitimacy of their action. Residents do not always perceive the situation they are victims of as a violation of their fundamental rights. It is therefore crucial to help them realize it. Moreover, many think that NGOs of HR “are not for them”; they believe that this notion is more concerned with the protection of affluent people than with the defence of their rights. An educational approach is essential in order to build jointly (NGOs-communities) a strategy for rights recognition and compensation for violations (in particular in Honduras, Guatemala, Venezuela and Colombia).

This will help to reinforce claims and to foil discrediting campaigns linking NGOs of HR with the “offenders” they tried to protect.

E.g.: In South-East Venezuela, summary executions of offenders and of individuals designated as such are on the increase. In this context, the situation can only be resolved with the organisation of the population firstly in terms of “municipios” and secondly with a gradual awareness and with demonstrations at the national level.

•In high risk areas, cases of violation could be undertaken by NGOs of other regions in order to reduce risks (it is the case notably in Peru).

At the national level:

•To be more efficient and to deal with attacks, NGOs should be coordinated and organised in networks.

•E.g.: In Peru, 62 NGOs of HR created a network. Anyone who tries to endanger the credibility of one of the NGOs must deal with the 62 members of the network, whose reliability is well-known and acknowledged by the authorities.

•NGOs should not always look for conflict with the judiciary apparatus or with State representatives.

E.g.: In Peru, NGOs launched a movement of cooperation with and of support to “fiscals” (prosecutors), so that they can initiate investigations into crimes based on their denunciation work. Conflicts are therefore reduced to cases where “fiscals” entirely reject cooperation with NGOs and hinder the progression of each case.

•NGOs should work closely with other social sectors (unions, social NGOs, etc.) as well as with key figures/members of Parliament when this is possible in the national context, especially in order to launch joint campaigns (several examples of this were given, in particular Panama, Bolivia and Brazil).

•Specialised networks should be launched (e.g. “red de avogados populares” in Brazil).

•Generally, in spite of their limitations, national commissions “of Justice” or “of Truth” are regarded as key elements in national strategies of fight against impunity.

E.g.: Following the failure of actions of fight against impunity, Brazilian NGOs developed “opinion courts” or “moral courts” implementing a serious analysis of cases. These courts significantly contributed to denunciation and to the cessation of certain violations. At the international level:

•Both regional and international mechanisms of protection of HR have an important role in any strategy of fight against impunity.

The importance and the use of these regional and international mechanisms vary according to the national context. The less access to justice at the national level, the more emphasis and hope on international systems. In countries where various opportunities exist at the national level, regional and international systems are regarded as supporting and reinforcing national strategies by compelling States to act and to respond to a potential condemnation.

More specifically, the Inter-American Commission and Court of HR are regarded as essential instruments of the fight against impunity, despite their limitations (procedures duration, difficulty in controlling the implementation of decisions, etc.). Firstly, protection measures (“medidas cauterales”) help defenders. Secondly, condemnations of State are of crucial support for national NGOs in their national strategies of the fight against impunity.

E.g.: This notably happens in Honduras. If there is a conflict between the country’s national legislation and an international treaty and if the judge refuses to take into account the obligations imposed by this treaty, a national law entitlement to declare internal resorts exhausted and to “denunciate” the civil servant in charge, who is not properly aware of the international treaty, to the ICHR.

•The counselling status of the OEA should be used as a place where NGOs can express themselves and be listened to.

•The support of international NGOs by national NGOs, in the process of denunciation, reinforces their credibility.

•It is necessary to increase financial support for the Inter-American system of protection of HR. Using means of communication:

•Any national strategy of fight against impunity must involve the use of media, according to national particularities.

E.g.: in Honduras, NGOs use local radio broadcast and present programmes called “voceros” during which violations are denunciated. In Nicaragua, written press is the most reliable means of communication. However, it is still necessary to be careful and to control articles written by journalists, and sometimes to undertake their writing!

•Media are very important for reinforcing or destroying NGOs’ credibility. It is therefore also essential to use them in order to foil discrediting campaigns.

•Any communication campaign should also include international media.

Although media often participate in impunity, all the examples of successful strategy of denunciation and of fights included a major communication strategy, both national and international.