Jon Benjamin, Foreign & Common Wealth Office USA

Introduction

Only government representative up here, in front of a distinguished audience of HR activists I do feel a bit exposed. But its vital that government representatives engage in fora like this to hear a different and critical view of what we do. Can I start by saying that no country in the world, including my own, has anything like a perfect human rights record. We know that we still have much to do and well-intentioned criticism from activists like yourselves can help us improve our own performance. I, for one, am open to it.

* HR defenders (HRD) individually and in groups play a central role in the struggle to increase respect for human rights around the world. It is rarely a static role. Some countries, a few, are moving in broadly the right direction on human rights, some glacially, some gradually others dramatically. But all too many countries aren't: some have stagnated, others have gone backwards and the countries with the poorest human rights records now have some of the worst human rights records witnessed since the international system for the protection of human rights was established. * We know more about HRDs than we used to. Technology now means that information is instantly accessible world wide. That means greater scope for you to raise awareness of HR abuses; conduct global campaigns and ask for help. * However this has also brought HRD more into the spot-light and many of you now face increasingly dangerous situations defending HRs. Can I therefore start by saluting the work that all of you do despite the risks that you face. I'd like also to congratulate Front Line, and in particular, Mary Lawlor for assembling such an impressive array of HRDs and for Front Line's important work more generally. * My remarks now are about what can be done by 2nd governments to protect people like yourselves.

The UK

* The UK is committed to the defence of HRDs and believes it is important that they are able to carry out their work without fear of reprisal and that any crimes against them are fully investigated, rather than stifled by the climate of impunity which is too prevalent in too many countries. * The UK and HRDs have a long history together. It is no coincidence that many international NGO’s have their headquarters in London. The UK government knows that while we will not always agree with one another, and will often significantly disagree it is vital that we work together; we believe that an active, critical civil society is one of the key components of a democratic, open society.

So what can be done?

Let me address this question by giving examples of what the UK does now and what we believe other countries and ourselves should do. Lobbying other Governments

* Lobbying and applying pressure is one aspect where second governments have an essential role to play in the protection of HR defenders. We can do this bilaterally, with our European partners or multilaterally through the UN. Perhaps Britain’s greatest asset in the struggle to protect HR defenders is our world-wide network of embassies and posts overseas. In many embassies, particularly the larger ones or in countries with considerable human rights issues, we often have a specialised diplomatic officer working mostly or solely on human rights issues. I have done this myself during postings, in Indonesia and Turkey, including regular meetings with HRDs, attending trials and ensuring that HRDs have access to senior visitors. These activists are now regarded as normal, indeed essential, diplomatic business. All such colleagues receive human rights training in London, including contact with NGOs and lectures from outside speakers many of them critical of the UK. I also brief all departing Ambassadors on issues to watch out for and report; their personal objectives very often include specific action to secure improvements in human rights in the country to which they are posted. * Through our network the UK can and does lobby vigorously for the protection of Human Rights Defenders. Very recent examples include Pakistan and Sudan where we have lobbied governments to protect specific individuals and more general and frequent lobbying of countries such as Burma, Cuba and Belarus. In our bilateral human rights dialogues with such countries as China, Russia, Turkey and Nigeria we also raise specific individual cases. Unfortunately we can not claim success every time but we do and will continue to try. * Lobbying can work particularly when it is cumulative and we would encourage more governments world wide to use their networks of embassies to do as Britain does, especially where due to historical, economic or social/cultural factors the relationship between certain countries is close and the voice of a particular country carries most weight. But our and others tactics vis-à-vis other governments have, in our view to vary, according to what will work along a spectrum from quiet, behind-the-scenes diplomacy to public condemnation. There is no such thing as a one-size-fits-all policy that can be applied equally everywhere. Nor do we have infinite resources - we simply can't do everything, everywhere that human rights activists ask of us. * To protect human rights defenders the UK also works with her European partners to ensure that as much action as possible is taken through the EU the OSCE and CoE. Lobbying governments for the release of those HR defenders held arbitrarily in jail and for the protection of others carries much more weight from the EU than from a single country. Therefore one of the most important things that 2nd governments can do to protect HR defenders is to work through country groupings or regional bodies and most importantly the UN. I do, however, acknowledge that, sometimes, building consensus can take time and lead to a lowest common denominator effect. One recent example of EU lobbying is our approaches to Cuba over the appalling clamp-down on dissidents. The EU’s dialogues with China and Iran includes our handing over lists of imprisoned or endangered individuals about whom we have concerns and lobbying for their better treatment or release. * Britain also works to protect HR defenders by playing a leading role within the United Nations. The UK, along with EU partners, was a driving force in making the cause of human rights defenders a main theme of the 50th anniversary celebrations of the Universal Declaration of Human Rights. This led to the adoption of the "UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms". Importantly, that Declaration reaffirmed the right of everybody to enjoy and defend their and others’ human rights both individually and in association with others, for example through NGOs. The UK continues to call on States to build on the commitment given in the Declaration and we are happy to co-operate with the important work of Ms. Hina Jilani, the Special Representative of the Secretary-General on the situation of Human Rights Defenders. * We are also moving towards a legal instrument on enforced disappearances, a crime which affects HRDs. We traditionally co-sponsor the French Resolution on Enforced and Involuntary Disappearances at the Commission on Human Rights (CHR) and did so again at CHR 58 this year. We are fully involved in the current on going negotiations regarding a possible instrument on Enforced Disappearances. We would be content if those negotiations led to a new legally-binding convention. * It ought to follow that a country that respects human rights generally will naturally offer protection to HRDs. This is why the UK also works toward the eventual countries ratification by all countries of the six core UN HR treaties. In the last five years alone, there have been over 70 such ratifications. But ratification alone is not enough: we need to ensure that once ratification takes place countries respect their obligations under them. The point here is that the international treaty system makes it legitimate for governments to criticise each other. It isn't valid for a government to dismiss criticism as interference in its internal affairs.

Practical Help

* But second governments' efforts should not just be about public statements and declarations. We can also fund projects to help HRDs. We have done so recently in China and Zimbabwe and by helping to fund this conference, as indeed have our colleagues in the Irish DFA here in Dublin. We welcome ideas on how we can help in concrete terms but, of course, funding is limited and there are a lot of competing claims for them.

Role of human rights defenders

* However this subject is not just what governments can do. We need to know what HR Defenders can do to help us help them. They need to tell us what kinds of outside intervention help their case. * Information sharing is key. We may not always agree on tactics but it is vital that we always talk to one another. By doing this the UK’s and others’ efforts to protect HR defenders will be better informed, better focused and hopefully more effective as a result.

* One delicate topic that I feel needs addressing is the general conduct of HRDs themselves. We know that too many governments resort to violence and intimidation and are increasingly in this media age resorting to character assassination, such as the malicious and unfounded spreading of lies and rumours about HR defenders' activities and character. It is sometimes difficult for HRDs to remain true to their aims in the face of such provocation but it is important that they continue to carry out their work in a dignified and objective way. HR Defenders must not allow themselves to appear prejudiced or to advocate violent views. To do so makes it much easier for hostile governments to undermine the good work that all HR defenders do world-wide.

What can be done in extreme countries?

* I should finish by recognising the real limits to what we can do in the extreme cases of countries that allow little or no room for civil society to operate and ruthlessly punish dissent, including by HRDs . This is important because it is a sad fact that there are often limits to what governments can do to help outside their territory. In countries such as Cuba, North Korea, Zimbabwe, Burma, Turkmenistan and Uzbekistan lobbying is rarely effective and these countries tend to ignore outside voices. * I would be interested to hear from HRDs what more we can do in such cases. Is it just a case of waiting until the tide of history washes away such regimes, or, as we learnt from the demise of the Soviet bloc in Europe, is the constant promotion of human rights a key instrument in undermining unaccountable, unelected and dictatorial governments? I believe the latter is the case and conclude that liberal democracies and HRDs in repressive states have a common agenda on which to work together. * Thank you for listening to me and I wish you well in your further work.