Tactics and tools for the protection
of Human Rights Defenders

Background

The EU guidelines on Human Rights Defenders is aimed at providing EU Member States with practical guidance on how to protect and support human rights defenders (HRD), especially in third countries. The text of the guidelines can be found at http://ue.eu.int/uedocs/cmsUpload/G...

EU Member States have tasked their overseas missions to formulate local implementation strategies for the promotion of the guidelines and for practical measures to support human rights defenders.

Local Environment for HRD in Nepal

While the situation of Nepali HRD has improved since the end of the King’s regime, they remain vulnerable to attacks and threats from a variety of actors including state security forces, sister organisations of political parties such as the Young Communist League, as well as various armed groups. This is particularly true for HRD working on sensitive issues such as disappearances and impunity. Given the prevailing patriarchal and hierarchical conditions in Nepali society, women HRD and youth HRD face additional specific risks. HRD based outside of Kathmandu in more remote areas are particularly at risk, as are less traditional groups of HRD such as victims’ groups and minority groups who may not be aware of their status as HRD and the consequent risks.

Even among human rights organisations, there is often a lack of knowledge on protection mechanisms and protection strategies. The continuing weak capacity of the State to provide public security combined with the proliferation of illegal armed groups, the rise of communal tensions, and the threats to free expression at a regional level, puts some HRDs, particularly journalists, at great risk. The dissemination of EU Guidelines can help to expand and strengthen the space for HRDs to explain and defend their vital role in these contexts.

How the EU can promote the Guidelines on Human Rights Defenders in Nepal

• Many Human Rights organisations in Nepal are unaware of, or unfamiliar with, the EU Guidelines. In order to raise awareness, we will translate the Guidelines into Nepali and disseminate among human rights organisations, the Government, the National Human Rights Commission, security forces, political parties, academic institutions, and law faculties.
• And in order to explain what the EU in Nepal is doing to support HRD, we will publish the Local Implementation Strategy (including Nepali translation) on EU mission websites, including link to full Guidelines.
• We can use our existing networks to inform HRD, NGOs, victims groups and the media about the Guidelines, for example through district visits; our local development partners; and OHCHR. In particular, we can make use of local language radio programmes run by OHCHR and our development partners in order to reach marginalised groups.
• To ensure wide dissemination, we will hold a press launch of Local Implementation Strategy to explain EU’s role, followed by media article by Ambassador of local EU Presidency about HRD and the EU Guidelines.

How the EU can protect Human Rights Defenders in Nepal

• EU missions to raise with Government of Nepal those issues that hinder the work of HRD. For example, excessive delays for international NGOs and human rights organisations wanting to register with the Social Welfare Council.
• EU missions to look beyond their usual contacts with human rights organisations and defenders based in Kathmandu and other regional centres. While these contacts are also important and need support, they are often comparatively well protected and funded compared to smaller human rights organisations and victims’ groups located in other parts of the country. EU missions to therefore widen their contacts with HRD to support a range of groups, especially those that are particularly vulnerable, and help them to link with regional, national and international HRD networks to reduce their vulnerability.
• Where there is evidence of a pattern of harassment against HRD, EU to carry out démarches or issue EU statements.
• In coordination with OHCHR and Human Rights Home, EU missions can contribute to a ‘safe house’ mechanism for HRD in great danger.
• To make sure that our support to HRD in Nepal is balanced and appropriately targeted, we will coordinate with EU partners over financial support to potential HRD projects.
• To encourage HRD and human rights organisations to take greater responsibility for protection issues, we will look to insist that human rights projects funded by the EU include a security element and security training in their plans.
• To show the EU’s public support for HRD and thus reduce their vulnerability, we will invite HRD to formal Embassy events and attend official events of HRD organisations.
• EU member states to include the situation of HRD when reporting to headquarters on the human rights situation in Nepal.
• Where appropriate, we will put HRD on the agenda of highlevel bilateral talks with the government and other stakeholders.
• Where appropriate, EU member states to attend trials of HRDs.
• In order to coordinate the implementation of the EU Guidelines in Nepal, we will establish an EU working group (see next section).

How the EU Working Group on Human Rights Defenders will work

• EU member states will establish a contact group for protection of Human Rights Defenders, with participation of EU countries, all other interested donors, International Organisations, INGO’s and representatives of civil society.
• The contact group will maintain a list of focal points who deal with the issue in each organisation/representation, and designate a chair for six months at a time.
• The group will meet every six months to review the situation of HRD as well as the progress to date on the EU’s local implementation strategy. Following this meeting a short report/statement on the topic will be prepared, including recommendations for the next months. The chair will convene the twice yearly meeting and draft the report.
• During the year communication can take place on email or each member of the group can ask the chair to convene a meeting if there is a need for special action.