Chris Collier, Senior Policy Officer, HIVOS

The Role of Second Governments in Protecting Human Rights Defenders.

As Mr. Ramcharand said in his presentation, there is still much more to be done for the protection of human rights defenders. And while I agree with him that in the end the best solution is national systems of protection, we are not there yet. So what this talk is about is the role that second governments can play in protecting human rights defenders.

Hivos is a Dutch non-governmental development organization which supports the work of local civil society organizations through funding, lobbying and facilitating networking and knowledge sharing. Increasing protection for HRDs is a priority for Hivos. This has grown from our support to hundreds of human rights activists worldwide. In cases where these activists have fallen foul of the authorities, Hivos has lobbied second governments for protective action.

For the last year, Hivos has been collaborating with Amnesty International Netherlands in activities aimed at improving the protection of human rights defenders in a more structural way. Amnesty Netherlands has brought in its own long experience of lobbying second governments to protect HRDs.

We consulted HRDs from various countries regarding their experiences with second governments and asking them how these governments could better help them. We also consulted with experts and others working in support of HRDs. We have integrated our experiences and research findings, including the good practices that we came across, into a number of recommendations. After making some general remarks regarding the importance and relevance of second governments in protecting HRDs, I will present a few of these recommendations. I will conclude by naming a few potential difficulties in implementation and how these difficulties should be addressed. I hope this will form a good contribution to the discussion to follow. Importance and relevance of second government protection of HRDs

Second governments have helped protect HRDs in the past and continue to have a valuable role for a number of reasons.

Firstly, multilateral organizations, because of differing interests among members and lack of consensus, sometimes do not take firm action to defend human rights.

Secondly, individual countries, because of their historical relations and detailed knowledge of the local context, may be able to act particularly effectively in protecting human rights defenders.

Thirdly, separate actions by a number of individual second governments towards local authorities can have a cumulative effect, as the local authorities are faced with many voices of concern.

Finally, protection of human rights defenders is relevant for second governments in the context of “human rights-based approaches” to development cooperation which these governments are increasingly adopting.

We have seen that second governments can play an important role in the protection of HRDs. I would now like to make a few recommendations on what is needed for second governments to become more effective and realize their full potential in the protection of HRDs. Recommendations Practices but no policies

At present, second governments do take actions to protect HRDs. However, these actions appear more the result of the interest and goodwill of particular government officials than of the implementation of a thought-out policy. This leads to a situation where there are a range of responses to violations of rights of HRDs, from very positive action to no action at all. So the first recommendation is that second governments build on existing good practices to develop policies and guidelines for the protection of HRDs.

Secondly, second governments need to ensure consistent implementation of their HRDs policy. They should familiarize relevant staff at all levels with these policies and guidelines, through activities such as information sharing, training, handbook development, etc. Specific staff should be made responsible for the implementation of the policy, including an official with end responsibility for the implementation of the policy.

Finally, second governments should monitor and report on the implementation of their policies related to HRDs. This would increase transparency and accountability in policy implementation, which is sometimes lacking. Embassies

Once second countries have drawn up polices on HRDs, the focus of course should be on implementation. Implementation entails a large role for embassies and we would like to make a few specific recommendations regarding the role of embassies and action they should undertake.

The first task of the embassy should be to communicate polices on HRDs to local activists. HRDs have indicated that familiarity with the policies - the analysis, priorities, procedures and criteria - of second governments is essential for seeking support for their work.

Another step that should be take is to appoint at every embassy not only staff to work on human rights issues, but fixed contact persons for human rights defenders. This allows for the development of detailed knowledge of local human rights defenders and their situations which is necessary to act effectively. In order to ensure continuity in relations, there should be a proper handover of contacts when staff have to be transferred. Practical actions

Embassies should undertake a number of specific actions in support of HRDs. These include funding, measures to prevent attacks on HRDs, and urgent protection measures.

Regarding funding: since for many HRDs, personal security is a major issue, second governments should provide funding for items such as communication equipment and security services.

Regarding prevention: HRDs have indicated that the more isolated there are, the more vulnerable they are to repression. Therefore, as a measure to help prevent attacks on HRDs, embassies should respond positively to requests for HRDs requests for regular and visible contact. This could include inviting HRDs to the Embassy for briefings, visiting press briefings or annual meetings of the organizations in which HRDs work, carrying out visits to HRDs in the field, meeting HRDs at the airport when they return from international lobbying trips, or giving prizes for human rights activism. At this meeting it has been highlighted that local authorities increasingly attempt to undermine HRDs by attacking their reputations and character. At such times, second governments should make statements in support of the HRD in question.

Finally, embassies should undertake urgent protection measures. When HRDs are arrested, immediately raising the issue with local authorities through diplomatic channels such as demarches or is of great importance. Public statements of concern for the well-being of the HRD should also be made. In other cases, the policy should allow for HRDs to be given refuge at the embassy compound, or to be assisted to find refuge at safe houses. In worst cases, HRDs should be facilitated in leaving their country. Special provisions for the rapid issuing of visas should be established for these purposes. This is exactly what Frontline requested of the Irish Government yesterday morning.

A final area of activity for embassies relates to the international regime for the protection of HRDs. Embassies should support activities to promote awareness of the mandate and activities of the Special Representative on HRDs and to facilitate the access of local HRDs to the Special Representative. When the Special Representative visits a country she makes recommendations regarding specific steps the government should take in order to improve the position of HRDs. Second governments need to take stock of these recommendations and their embassies should follow up with local authorities to press for the implementation of these changes. Dilemmas

I would like to wrap up here, but in doing so, want to say that we are aware of a number of difficulties that may arise in the implementation of these recommendations. For one thing, embassies may have difficulty determining whether a person asking for support is a genuine human rights defender. Specific contact people at Embassies should develop detailed knowledge of the local context to help solve this problem. Consultations with international human rights organizations or NGOs should also help. This is a good way we can work together.

Secondly, while a visible relation with a second government embassy can help protect some human rights defenders in some countries, in other countries such a relationship may actually facilitate the local government in discrediting the local HRD as an agent of western governments, as is increasingly happening. For this reason, second governments should cultivate their awareness of the implications of their interventions on behalf of local HRDs and should undertake these interventions wherever possible in consultation with the HRDs themselves.

We are aware that, unlike NGOs, second governments and their embassies concern themselves with more than just human rights. They also aim to promote economic and security interests. In our view, policy is needed in order to clarify how the different interests relate to each other, and as a guide in making transparent policy choices.

I look forward to the discussion, and especially to comments from the co-panelists and from HRDs on these recommendations.