Mary Robinson, UN High Commissioner for Human Rights
Linking the National and the International: A challenge for Human Rights Defenders
Introduction
It is a great pleasure to be here with you today for the first Conference organised by FrontLine –the International foundation for the Protection of Human Rights Defenders. To my knowledge this is Ireland’s first indigenous international human rights NGO and I congratulate Mary Lawlor and all of you who have contributed to its creation. The central topic of this conference - that of human rights defenders - is of high priority to me personally, and to my Office as a whole.
My message is threefold. First, I wish to acknowledge the crucial role played by human rights defenders, and to reiterate strongly the importance of effective protection for defenders all over the world. Second, I wish to note growing concerns about the restrictions which may be placed on human rights defenders and their organisations, under the guise of action against terrorism in the aftermath of the appalling acts of 11 September. And finally, I wish to highlight the importance of follow-up to the Durban World Conference against Racism, and the role of human rights defenders in that follow up.
The importance of Human Rights Defenders
To call the role of human rights defenders 'crucial' is simply not sufficient. They are integral and indispensable to the implementation of human rights standards nationally and internationally.
Human rights defenders hold a mandate of protection - but we cannot forget that protection also applies to them. Our emphasis must be on the protection of those who dedicate their lives to promoting and protecting human rights. This is more than a moral obligation: it must rank among the highest priorities for the international community in its efforts to promote and protect human rights worldwide.
And yet in more than half the countries of the world, human rights defenders are attacked or subjected to a wide range of pressure tactics. Action against them ranges from violence in the form of the most outright attacks on life, physical integrity and personal security, to more subtle and diffuse forms of violence. These may include legal restrictions on freedoms of association, assembly, information or movement, and so on. Human rights defenders have suffered also through the false association of human rights with criminal activities, armed opposition to power, terrorism, or foreign influence. The saddest calls I receive are those telling me of the murder of a brave defender I have met, such as the recent case of Digna Ochoa in Mexico.
It is not the case that such attacks occur only in far-distant states. Three Irish names very quickly dispel that notion - Rosemary Nelson, Patrick Finucane and Martin O'Hagan. These three names remind us of that human rights defenders can pay with their lives for their work for others.
Human rights defenders come in many different forms. The Declaration on Human Rights Defenders sees them as "individuals, groups and associations … contributing to the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals". But there is great breadth to the term.
Defenders may be political activists or public servants, they may gather information or publicise it, they may witness and give testimony, they may teach, sing or perform on human rights themes, or simply stand up as an individual for a more just society. Some of their names are familiar to us - but the majority are not. Their ranks include the greatest possible variety of actors - from a lone voice in a remote village, to major international NGOs based in the world's largest cities. The names of the Red Cross, Amnesty International, Human Rights Watch and so on are part of the language of our times, but equally there are individual heroes such as Victor Jara who used music and song to powerfully campaign for justice in Chile. His life and death has recently been commemorated in song by a home-grown voice of social conscience: Christy Moore.
We must include those, for example, who co-operate with UN human rights bodies and mechanisms, or domestic courts and tribunals. Witnesses who come forward may be considered as human rights defenders: collaboration with human rights or judicial processes can lead to considerable personal risks and these people must receive adequate protection.
Of course, some human rights defenders may not have knowledge of the international system for the protection of human rights, or the Declaration on Human Rights Defenders itself. They may not even identify themselves as part of the movement for human rights and fundamental freedoms. But they do all share an instinct for what is right, an understanding of the duty to protect those in need, and a longing for freedom and security for all. In the words of the Paris Declaration, adopted by the Human Rights Defenders Summit in December 1998, human rights defenders are those "committed in our daily lives to make a reality of the high aspirations of the Universal Declaration of Human Rights for all people throughout the world of all the rights guaranteed by the international and regional instruments for the protection of human rights".
The role of human rights defenders
The title of my speech -'Linking the national and the international - a challenge for human rights defenders'- highlights one of the crucial tasks performed by defenders. We must not lose sight of a very clear truth - all human rights begin and end at home, at the national and local levels. In a sense, my Office and the entire international human rights system exists almost as a backstop or support structure to that, the central focus of human rights concern.
Encouraging and supporting civil society at all levels is a priority for my Office. For the international system can succeed only where the fruits of conferences, judicial decisions and the recommendations of international Treaty Bodies are translated into law, practice and ultimately, enhanced protection at home. NGOs and human rights defenders have a crucial role to play in guaranteeing human rights on the ground - where they matter. They are the vital bridge between the theory and the practice of protection.
The Declaration on Human Rights Defenders recognises this role in promoting human rights and fundamental freedoms and in safeguarding and strengthening democracy and democratic institutions and processes. Through investigating and bringing to light human rights abuses, human rights defenders develop and secure democracy.
Through insisting on respect for universal standards in their local environment, human rights defenders act as a conduit for international standards. Indeed, sometimes the mere presence of an individual to monitor and witness can provide effective protection against the gravest of human rights abuses. I am thinking of Peace Brigades International and other such persons who in a very real way extend protection through mere presence.
Human rights defenders also enhance the international system for the protection of human rights. Through civil society and human rights organisations at the local, national and regional levels, the universality of rights becomes more tangible - in essence you localise international standards, while also feeding back into the international system, enriching shared universal values with the particular approaches, experiences and emphasises of your region.
Protection of Human Rights Defenders
There is growing recognition at the international level of the importance of human rights defenders. The first major acknowledgement came with the adoption by the UN in 1998 of 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. This text - known as the Declaration on Human Rights Defenders - is a fundamental one, laying down a set of principles and rules designed to ensure the freedom of action of all human rights defenders.
While stressing that the primary duty to promote and protect human rights and fundamental freedoms lies with the State, it is recognised that individuals, groups and associations have the right and responsibility to promote respect for, and foster knowledge of human rights. A core cluster of rights necessary to human rights defenders is set out - the right of assembly, association, communication, information opinion and expression, and access to participation in the conduct of public affairs.
Similarly, the familiar guarantees of effective remedies and emphasis on education and training - of the public and of officials - are reflected in the Declaration. But it also goes further, and covers such issues as the freedom to solicit, receive and utilise resources for the purposes of promoting human rights and fundamental freedoms. (Article 13) It is further provided that: "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of their legitimate exercise of the rights referred to in this Declaration." (Article 12.2)
Another major advance in the protection of human rights defenders was ensured by the request of the Commission on Human Rights to the Secretary General, in April 2000, to appoint a Special Representative to protect and promote the rights of human rights defenders in compliance with the Declaration. Ms. Hina Jilani of Pakistan, who is here today, has done trojan work since her appointment to this position.
Of course, protection of human rights defenders cannot be the responsibility of organs of the United Nations alone. NGOs themselves must seek to strengthen and make more effective the protection of human rights defenders in innovative ways. The formation of Frontline - the first international NGO with a mandate to protect the protectors - is a welcome development in this regard. But all NGOs should aim to further promote the Declaration on Human Rights Defenders as a major bulwark against interference with the actions of defenders. It must be made better known.
Post 11 September
11 September 2001 is a day that has entered our collective memory. The terrorist attacks that took place that day in the United States must be characterised as a crime against humanity - because of the nature and scale of the attacks primarily aimed against civilians. Many aftershocks of those horrendous acts have been felt in the international system. Indeed its full implications are not yet clear, and will take time to emerge.
One point I have consistently emphasised is that the anti-discrimination agenda of the World Conference against Racism is even more crucial today than when it was adopted, three days prior to before 11 September.
Of course, the situation of human rights defenders was insecure before 11 September in many parts of the world. However, there is growing concern that increased restrictions may be placed on them.
In the past, some authorities have sought to equate human rights work with criminal activities, armed opposition, terrorism, or undue foreign influence such as spying. Many states are now adopting anti-terrorist or security legislation and other measures. We have heard reports of some governments using the global push against terrorism as a pretext to clamp down on legitimate dissent and criticism of state action. Let me repeat that peaceful activities or the lawful exercise of rights must never be equated with terrorism.
In efforts to eradicate terrorism, it is essential that States adhere strictly to their international obligations in the field of human rights. My Office is seeking to guard against inappropriate interpretations by States of Security Council Resolution 1373 on the suppression of terrorism, by monitoring in different parts of the world how human rights are being affected by anti-terrorism measures. Thus in respect of Europe, a joint statement on human rights and terrorism was issued in November by the Council of Europe, the Organisation on Security and Co-operation in Europe (OSCE) and my Office. We recognised that the threat of terrorism requires specific measures, but called on states to refrain from any excessive steps, which would violate fundamental freedoms and undermine legitimate dissent.
We are also keen to ensure, for example, that states have regard in their anti- terrorism policies and legislation adopted after 11 September, to the standards set out in the International Covenant on Civil and Political Rights dealing with emergency measures. The Human Rights Committee, which monitors compliance with the Covenant, has adopted a detailed and authoritative comment for the guidance of states on the protection of human rights in an emergency. An initial step required of all states that resort to emergency measures is to notify other States Parties through the Secretary General of the existence of an emergency and of its official proclamation specifying any of the provisions in the Covenant that have been derogated from.
In the present difficult environment, the value of the Declaration on Human Rights Defenders will now be tested. It is a major bulwark against interference or restriction on the activities of defenders. It is the concrete expression of the resolve of the international community to assist and stand up for those who use their voices for those who cannot speak for themselves. The Declaration must reach the small, local NGOs and individual defenders and give them new strength and resolve in their actions.
World Conference against Racism
I turn now to the agenda of the World Conference against Racism adopted in Durban last September.
The promotion of the twin pillars of equality and non-discrimination are central both to the human rights agenda, and also to efforts to combat terrorism and conflict all over the world. Despite difficulties at the Conference and in finalising its texts, we now have - in the finalised Declaration and Programme of Action - a strong agenda for action on these fronts.
At Durban, human rights defenders had the opportunity to participate, and also to interact with one another. Such interaction has allowed the creation of new networks of groups and individuals committed to common goals. This is but one part of the continuing development of a truly international civil society, and the formation of alliances that can advance protection - for the vulnerable, and for those who seek to defend them.
However, Durban must be a beginning rather than an end. Follow-up to Durban is more necessary than ever. Renewed emphasis on the non-discrimination agenda is required to combat xenophobia and the disturbing increase in the number of violent incidents of racism - already on the rise in many societies (including our own) before the tragic events of 11 September. And second, follow-up to Durban is a key part of the preventative agenda of human rights.
The human rights goal must be to attempt to break the cycle of hatred, of intolerance and of violence. Human rights education is a powerful tool in this regard. It can serve as a counter to a culture of ignorance or intolerance. It provides and develops a space for participation; it drives a demand for responsive institutions of State, which in turn provide alternatives to conflict.
However this is not the complete story: true equality - both substantive and, in the language of the Irish peace process, parity of esteem - must be sought if conflict is to be prevented. There can be no enjoyment of human rights by all where some are excluded by disadvantage, discrimination and prejudice. Human rights, development and the rule of law act as the counter-force to the destructive ideologies of hate that inevitably spiral into conflict and violence.
The challenge we face has, I think, been well encapsulated in the motto of the Women's Support Network in Belfast which describes itself as 'A united voice affirming difference'.
Never has that call to action been more necessary. In the current international crisis, there may be some who suggest that human rights must take less priority. It is sometimes claimed that concern with human rights gets in the way of winning the peace or defeating terrorism. Experience throughout the world, including in the case of the island of Ireland, demonstrates that this is wrong thinking. We must condemn and combat terrorism. But there can be no stable peace, no true human security without human rights and real public participation. There can be no true enjoyment of human rights by all where some are excluded by discrimination and prejudice or disadvantage and underdevelopment.
The World Conference and NGOs
The role of NGOs and human rights defenders in follow-up to the World Conference, and more broadly in the promotion of equality, cannot be overstated. The texts adopted by the World Conference envisage NGOs as a crucial vehicle in follow-up initiatives. The final text recognises the: "fundamental role of civil society in the fight against racism, racial discrimination, xenophobia and related intolerance, in particular in assisting States to develop regulations and strategies, in taking measures and action against such forms of discrimination and through follow-up implementation". (Declaration paragraph 116)
Also identified is a "shared but differentiated responsibility of government institutions, political leaders, grass-roots organisations and citizens" (paragraph 117) in the struggle to finally eliminate racism and other forms of discrimination and the catalytic role of NGOs in human rights education and other activities is recognised.
Thus although States were charged with the formulation and implementation of strategies and programmes, they were strongly reminded of the necessity for "the full involvement of civil society at the national, regional and international levels". (Declaration, paragraph122)
From the point of view of human rights defenders, the Conference also made a number of important statements. In the final Declaration, States recognised: "the precarious situation of human rights non-governmental organisations, including anti-racist non-governmental organisations, in many parts of the world and express our commitment to adhere to our international obligations and to lift any unlawful barriers to their effective functioning". (para. 118) The Programme of Action further: "Urges States to provide an open and conducive environment to enable non governmental organisations to function freely and openly within their societies and thereby make an effective contribution to the elimination of racism, racial discrimination, xenophobia and related intolerance throughout the world, and to promote a wider role for grass roots organisations". (paragraph 213)
Another notable element is the strong emphasis placed on partnership between state authorities and civil society. States are called upon to: "strengthen co-operation, develop partnerships and consult regularly with non governmental organisations and all other sectors of civil society to harness their experience and expertise". (Programme of Action, paragraph 210) Indeed, states are also called upon to explore means to expand the role of NGOs in society. (paragraph 214)
Civil Society and the new reality of international affairs
The emphasis placed by the World Conference on the role of civil society leads to a broader point. At Durban, there was an unprecedented level of civil society involvement in the Conference and parallel events. Those parallel events, the youth summit, the voices forum for victims,the extraordinary level of participation by civil society, all reflect in a very real way the growing transparency and democratisation of global gatherings. We are experiencing the welcome transition of UN conferences from diplomatic gatherings to open and global dialogue. This reflects two elements of what Secretary-General Kofi Annan in a recent speech termed the fundamental principles by which the work of UN must be guided. Namely, that the UN must place people at the centre of everything it does - enabling them to meet their needs and realise their full potential - and that all the actors of the international system must work together in pursuit of common goals.
Civil society has a central role to play in global dialogue. Ensuring greater accessibility of the UN - that is, efforts to have more voices at the table - is part of this growing global dialogue. But I believe this also reflects the new reality of international affairs. It is no longer the case - if it ever was - that governments and states are the only actors of import on the international stage. In this era of globalisation, co-operation between governments and civil society actors at all levels must be the new norm.
All these factors mean that civil society actors and human rights defenders have a greater possibility than ever to influence and to contribute to the protection of human rights. Before concluding, I would like to take this opportunity to mention one issue which I encourage all human rights defenders to focus on
On International Migrants Day 18 December, the Secretary General called on States to ratify the 1990 International Convention on the Rights of Migrant Workers and Members of their Families, and urged governments and civil society to recognise the huge contribution of migrants to economies, societies and cultures of their host countries. Migrants and migrant workers throughout the world face many challenges, suffer many denials of rights and are often the victims of discrimination and marginalisation. In the 1990 Convention and the Durban Declaration, we now have a strong framework within which to ensure the rights of migrants. I would ask human rights defenders to pay special attention to this group in the exercise of their crucial role.
Concluding remarks
There is a saying - that if you desire peace, you must first cultivate justice. The work of human rights defenders all over the world to promote social justice, equality and basic rights, is peace-building in action.
I often think of the words of Angelina Atyam, a nurse from Uganda, and mother of a daughter abducted by the rebel army in 1996. She reminds us: "Human rights defenders come in all forms. The majority are ordinary individuals who have a small public voice and low public profile. However they keep the fire burning." In her case, she keeps a fire burning on behalf of the parents of over 5,000 children abducted by the Lords Resistance Army in Uganda, who have not yet returned to their homes.
Every person who lives in freedom is a testament to the tenacity of those who fight for justice. In short, we enjoy freedoms because of their selflessness, courage and sacrifice. To the lawyers, singers, teachers, carers, journalists, activists, doctors, witnesses, writers, parents and quite simply to each and every person from whatever background who takes a stand for human rights and for justice, I say thank you. We all owe you a great debt. And I pledge to all human rights defenders the continued commitment of my Office to your protection.
We must ensure that human rights defenders - those who keep the fire burning - are free to carry out their crucial role. Truly, when we protect human rights defenders, we protect ourselves.
Thank you.