Reflection
" Tell the truth. Do what is right. Do not be afraid. "
The meeting gave participants many opportunities to reflect on their experience, which they did most directly by telling their own stories. In all, some 50 human rights defenders gave personal testimonies in the course of the meeting. They described a huge range of violations as well as many different responses to the challenge of opposing them. Underlying these experiences are some of the larger issues that are discussed in Section 4:
* the prevalence of impunity and the difficulty of protecting human rights when the state is criminal or incompetent, or when the rule of law is absent; * the importance of co-operation and alliances, national and international; * the impact of global political and economic integration on national problems; the emergence of new actors, including private businesses, and violations of rights by private actors; * the vital importance of managing fear and risk, and * the importance of finding ways to resist mistrust and despair and rebuild private as well as public hope and confidence in the future by empowering people and achieving small successes on the way to longer-term objectives.
Five additional issues deserve further mention here because they received special, particular or consistent attention in the course of discussion. Harassment and intimidation
Most of the testimonies described different forms of harassment and intimidation that human rights defenders have experienced. Many of them are all too familiar. The list below underlines the variety and seriousness of harassment that human rights defenders face. Some forms of harassment also indicate new trends that should be monitored. (The references to countries are based on the personal experience of participants, are not exhaustive, and do not refer to third party cases.)
* Registration – slow or denied (Israel, Kyrgyzstan,…) * Legal prosecution – suing human rights defenders and NGOs to bankruptcy (Turkey, Malaysia…) * Slander (Nicaragua, India…) * Harassment of family, isolation from friends (Tunisia, Malaysia…) * Interference with administration of the office or attacks on property (Mauritania, Tunisia…) * Torture (Mauritania, Honduras…) * Detention (many…) * Seizure of assets, including computers and information (Philippines, Guatemala…) * Interference with communications (Philippines, Tunisia… ) * Removal or denial of citizenship (Bahrain,…) * Denial of official responsibility when violations occur (Mexico, DRC, …) * Denial of professional or personal status (Mauritania…) * Murder, assassination (Colombia, Chechnya,…) * Threats of assassination (Kyrgyzstan, Honduras…) * Beating up (Tunisia ...) * Under permanent surveillance (Cameroon, Dominican Republic …) * Planting informers in family circle (DRC...) * Indirect financial pressure, accusations of financial irregularity (Israel, Malaysia…)
Some of these trends are highlighted below, not because they are necessarily the most serious, but because they may have been given less attention.
Administrative harassment is one. Several participants mentioned ways in which (more sophisticated) governments manipulate administrative regulations to impede or block the activities of human rights defenders. One defender, for example, described how the Israeli authorities delayed approving registration of her NGO, accused it of financial malpractice, and claimed the NGO had exceeded its mandate. In Malaysia, the government has brought legal cases against NGOs, in effect suing them to bankruptcy, using laws that are unusually restrictive. The clever use of regulation by what one participant called "soft despotic" governments is no doubt a trend that should be monitored.
Intimidation by putting pressure on friends and family was also underscored. This form of harassment was perhaps particularly mentioned by women. In a number of countries, including Tunisia, the authorities have threatened, harassed or injured family members in order to intimidate human rights defenders from doing their work. Friends are warned not to consort with the person concerned. Close friends and relatives may lose their employment. In a few cases, relatives have been murdered. Faced by such intimidation, parents may feel they must send their children abroad for safety, or cease their work in order to protect parents or partners.
" Women fight also for the rights of husbands and fathers and their children. They act not by choice but because their position in the family makes them responsible. "
In one case, the government went so far as to deny the citizenship of the human rights defender concerned, claiming that she was not a citizen of the country because a grandparent had been born in another country. This practice has recently occurred in several countries, in Ivory Coast for example, and also deserves to be monitored.
All these forms of intimidation seek to break the spirit of human rights defenders by making them afraid for themselves or those close to them, or isolating them within their society. Some techniques are designed to frighten the human rights defenders themselves; others to frighten those around them. A speaker from Aceh described how some human rights defenders have been murdered as a warning to cease such work, while the bodies of others were left in public places in order to create fear among the people. Softer forms of intimation are obviously less grave in some respects; nevertheless, they need to be given attention precisely because they less obviously violate human rights. Making alliances and providing support to ensure that human rights defenders are not isolated and demoralised by "soft intimidation" will no doubt become a more important task as governments learn to be adept at such methods of controlling criticism and dissent.
" What we are doing is absolutely legitimate."
In this respect, Hina Jilani pointed out that it is particularly important at the present time to defend the right to peaceful protest – the right to freedom of expression and freedom of association. In her recent work as Special representative on Human Rights Defenders, she has noted a widespread trend to restrict free expression and the right to protest. Such restrictions are frequently justified by governments in the name of the war against terrorism. She pointed out that the Declaration on human rights defenders is not just intended to protect human rights defenders themselves (other treaties do that) but to protect the right to undertake activities in defence of human rights. Article 12 specifically affirms the right to protest peacefully against violations of rights, and States have an obligation – which many of them are not respecting – to protect that right in their countries.
"Today the most important thing is to talk publicly." The 'war on terrorism'
" It is hard to explain what a tragedy September 11 was – for many other people as well as those killed in and by the planes. It has become much harder to be a human rights defender. "
The challenges to human rights presented by acts of terrorism and by the war against terrorism were raised at different points during the meeting. They were raised not least by participants from the United States, who discussed both the threats to civil liberties and human rights work that had emerged since 9/11, but also the efforts that are being made within the United States to replace the national vision of rights which has dominated America's civil and judicial tradition by one that draws on international law and international human rights standards. This transformation will take time, but the work has begun and is making progress.
" We ask you for solidarity – not action in support of us for that would be inappropriate: but understanding that we are as isolated as you are." - US participant
Other participants spoke of the cynical and opportunistic way in which their governments have used the 'war against terrorism' to suppress civil liberties. They spoke of the dangers that accompany new forms of militarization in their societies. In Indonesia, in Kyrgyzstan, in Colombia, political actors are using the threat of terrorism in different ways to militarise or increase military influence within their societies.
" We face a special threat now. Militarization is increasing. In addition, democracy has been compromised in our societies for over 30 years by that militarization. National security is put forward as the reason to constrain our rights. But for the first time national security is being used as a global weapon, not a regional or national strategy, with extremely harmful effects on human rights across the world. "
Participants stated clearly that acts of terrorism violate human rights and are crimes under international law: at the same time they affirmed that, while (in Hina Jilani's words) there are tensions between the obligation of states to provide security and their obligation to protect human rights, peace and security should be understood as elements within a human rights framework. Many participants reiterated the view that responses to political violence, including acts of terrorism, will not be effective or successful in military or political terms, let alone provide justice, if they seek to impose order at the expense of human rights.
" Stability is not our aim: fairness is. " People at extreme risk
In this respect, Hina Jilani noted that the most severe and consistent human rights violations that she comes across tend to occur against communities that seek separation or self-determination, or are struggling to realize democratic reform. Noting that the right to self-determination is clearly enshrined in the Universal Declaration of Human Rights, and other human rights standards protect the principle of democracy, she drew the conference's attention to the gravity of violations of rights, and the prevalence of impunity, in such cases. We did indeed hear particularly harrowing testimonies both from people describing their experiences in Kurdistan, Chechnya and Aceh, and from human rights defenders working in Kyrgistan, Colombia, Tunisia, Afghanistan and Iraq.
A particular frustration was expressed by human rights defenders in countries that recently experienced democratic reforms after a period of harsh military rule. In some of these cases, minorities feel themselves to be as powerless and excluded as before, and consider that that they have received no benefit from political change.
"We ask ourselves sometimes whether a militarised democracy is any better than a military regime. We want our government and foreign governments and private companies to work with us to develop a form of democracy that reflects our needs and is properly participatory. "
Similarly, anger was expressed by speakers working with groups – such as the Dalits in India and enslaved people in Mauritania – that continue to suffer entrenched social and economic discrimination and face particularly deeply rooted intolerance as a result.
" I was accused of being racist because I raised the issue of racism… I was imprisoned for this… I was physically tortured…" Poverty and ESC rights
" Every three seconds a child dies from poverty… It is undoubtedly the most acute moral question of the new century to understand how such massive and systemic violations, day in day out, do not trouble the conscience of the good people who look down on them. " - Pierre Sané
Beneath these particular cases, arguably dwarfing all other violations of rights in scale, is the issue of poverty. The participants spent considerable time discussing how they will address issues of economic, social and cultural rights, and more particularly how they will integrate efforts to eliminate poverty within their human rights work as a whole.
Pierre Sané, Assistant Director General of Unesco, argued that poverty is a violation of human rights, and human rights defenders should campaign for its abolition fired by the same spirit of outrage that brought slavery and colonialism to an end. Only a new vision based on rights, he argued, will create the political momentum required. "To deal with poverty as a violation of human rights means going beyond the idea of international justice – which is concerned with relations between states and nations – towards the creation of global justice, which applies to relations between human beings living in a global society”
Speaking on behalf of Karen Kenny, Donncha O'Connell stressed the importance of thinking holistically and practically when working to promote economic, social and cultural rights. A holistic approach is needed because economic, social and cultural rights cannot be promoted successfully when political and civil rights are not respected, and vice versa. Many participants echoed this view and emphasised how interdependent rights are.
" Poverty is found at the root of every other violation, and all the other violations are at the root of poverty. "
Participants argued that too often there is a global double standard. Governments and activists in richer countries call for action to achieve democratic and political reform, but too often they fail to respond when they are asked to take action against poverty and economic injustice.
"Northern responses to different issues have been unequal. When the issue of FGM [female genital mutilation] was raised, there was an enormous international response that astonished us. But when we talk about peace, about economic conditions and justice, we do not get the same response. We need one standard. We need a new global solidarity. "
Donncha O'Connell went on to say that, in Karen Kenny's view, human rights defenders need also to address practically issues of delivery and enforcement of economic, social and cultural rights. In doing so, they need to analyse local problems but also systemic issues that underlie failures to deliver social and economic rights, and the links between local, regional, national and international violations of economic, social and cultural rights and policies to address them. Karen Kenny suggested, he reported, that HRDs should build on the new ESC networks that have been formed, to share knowledge, make best use of available expertise, increase awareness, and assess the impact and success of different strategies.
As a contribution to this work, with Felix Morka's help Front Line has developed an on-line manual on ESC rights available through the Front Line web-site at www.front linedefenders.org. The manual makes available a large amount of information on economic, social and cultural rights as well as a number of case studies in an accessible format. The manual includes case studies to illustrate how the human rights framework can be used to promote economic and social rights, and will be a useful tool for campaigners and advocates. The site, which will go live in November, was presented by James Mehigan.
In the workshops to discuss ESC rights that followed, participants raised a variety of issues. Many said that awareness of ESC rights was very limited in their countries and more work to raise awareness was essential.
"Such is our struggle for survival that we sometimes forget that these economic rights are rights."
Others noted the difficulties of working effectively on ESC rights in countries, like the DRC, that are convulsed by war and internal conflicts. "Many of our schools have been destroyed; our hospitals too. Teachers and doctors have fled. Many people die for lack of medicines. It is hard to speak of economic and social rights in this context."
Many of the participants, particularly from Africa and also Central Asia, emphasised that most of their governments are simply unwilling or incapable of delivering the services on which respect for economic and social rights depends. While they said that states should fulfil their obligations because they collected taxes from the people and should spend those taxes properly, in practice schools or clinics often stay open only because parents pay the teachers or doctors directly from their own pockets. They despaired of many officials who were simply corrupt, or unaware or unwilling to accept that they have a responsibility to serve their people and protect their social and economic rights.
" I took the case of some children who were living on the streets to the Governor of my city. He looked at me, shrugged, and said: 'Go to UNICEF'. "
The experience from Latin America and some other countries is somewhat different. Participants described a range of co-operative efforts to strengthen respect for ESC rights, including budget monitoring (Guatemala), benchmarking (Panama), co-operation with the ILO and labour unions to bring pressure for reform (Nicaragua), and creation of local development plans (Colombia, Honduras). Here too, however, it was recognised that much needs to be done to share skills and widen awareness. It is a new area of work that needs development. In addition, as one participant noted, work on ESC issues has the potential to enable human rights defenders to reach out to new audiences in a fresh and relevant way.
" Economic and social rights are helpful because they enable human rights organisations to reach and be relevant to ordinary people. Work on economic, social and cultural rights helps ordinary people daily. "