Tactics and tools for the protection
of Human Rights Defenders

14 May 2010



Report on EU policies in favour of human rights defenders
(2009/2199(INI))
Committee on Foreign Affairs
Rapporteur: Heidi Hautala


 

Introduction

Human rights defenders all over the world are crucial actors when it comes to the protection and promotion of basic human rights, through a day to day commitment, many times at the risk of their own lives. Human rights defenders are also crucial actors of change, and key players of democratic processes of their countries, thereby constituting the human link between democracy and respect for human rights. Support for human rights defenders is also a long-established element of the European Union’s human rights external relations policy.

Time has now come to have a closer look at the EU Policies in support of human rights defenders, to evaluate existing mechanisms, and to propose further steps for the future, so as to strengthen the work of human rights defenders through a participative strategy and to ensure protection through both urgent and long term measures.

Who can be a human rights defender?

The UN Declaration on human rights defenders adopted in 1998 constitutes today the document of reference for all international and regional mechanisms, as it outlines the rights of individuals and organizations essential for the defence of human rights and the obligations of state to provide support and protection for such activity.

According to the declaration, "human rights defender” is a term used to describe persons who, individually or with others, act to promote or protect human rights. But a human rights defender must work through peaceful means. The definition does not include individuals or groups who commit or propagate violence.

In accordance with this broad categorization, human rights defenders can be any person or group of persons working to promote human rights, ranging from intergovernmental organizations based in the world’s largest cities to individuals working within their local communities. Defenders can be of any gender, of varying ages, from any part of the world and from all sorts of professional or other backgrounds. In particular, it is important to note that human rights defenders are not only found within NGOs and intergovernmental organizations but might also, in some instances, be government officials, civil servants or members of the private sector.

What do human rights defenders do?

Human rights defenders are identified above all by what they do and it is through a description of their actions and of some of the contexts in which they work that the term can best be explained.

Human rights defenders work towards the realisation of any or all of the rights enshrined in the 1948 Universal Declaration of Human Rights and other international human rights instruments. Consequently, they seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights.

Human rights defenders play a pro-active role in the consolidation of democratic principles, and their activities include collection and dissemination of information on violations of human rights, support to victims of human rights violations, contributions to the implementation of human rights conventions, actions to secure accountability and to end impunity, support for good governance, and they are often key partners for the development of human rights education and training.

Violations committed against human rights defenders

Human rights defenders often face human rights violations themselves in the course of their work. This includes killings, death threats, abductions and kidnappings, arbitrary arrest and detention, sometimes tortured. HRDs are often subject to harassment, and many have been the victims of defamation campaigns. Sometimes criminal or other charges are another way to try to stop their work. Peaceful demonstrations, lodging of complaints have led to charges as public disturbance and hooliganism, with severe court sentences. Policies, legislation and procedures described as "security measures", for example the antiterrorism laws, are sometimes applied in such a way as to restrict the work of human rights defenders or to directly target the defenders themselves.

Women Human Rights defenders and other groups particularly at risk

Women human rights defenders face distinct risks and obstacles with regard to effectively carrying out their human rights work. They are at risk because both of whom they are and what they do. Frequently, the violence or threat against them is sexual in nature, or they face restrictions in their work on account of their gender. Furthermore, prejudice, exclusion and public repudiation by both state forces and social actors weigh heavily in their lives. Many women human rights defenders have also a day-to-day responsibility for the care of young children or elderly parents and often find it very hard to continue their human rights work knowing that arrest and detention would prevent them from fulfilling that role in the family.

This particular situation is recognised in the EU Guidelines, which underline that it is important to apply a gender perspective when approaching the issue of human rights defenders and ask missions to pay particular attention to the specific risks faced by women human rights defenders. Special campaigns to increase efforts and better reach out to women human rights defenders have been carried out at EU-level, during several Presidencies.

Other groups and categories of defenders who are particularly exposed to attacks and human rights violations as a result of the work they carry out, according notably to the 2007 report of the Special Representative of Human rights defenders and recognised in the last revision of the EU Guidelines in 2008, include defenders working to promote economic, social and cultural rights and those working with minorities’ rights, indigenous peoples and lesbian, gay, bisexual and transgender people.

II. UN and Regional protection mechanisms for human rights defenders

The UN Special Rapporteur

In 2000, the Commission on Human Rights asked the Secretary-General to establish a mandate on human rights defenders, to give support to the implementation of the Declaration on human rights defenders and also to gather information on the actual situation of human rights defenders around the world. This post was occupied by Mrs Hina Jilani until 2008, when she was replaced by Ms. Margaret Sekaggya. The mandate on human rights defenders is broad and stipulates that the Special Rapporteur’s main roles are:

· seek, receive, examine and respond to information on the situation of human rights defenders;

· establish cooperation and conduct dialogue with governments and other interested actors on the promotion and effective implementation of the Declaration;

· recommend effective strategies better to protect human rights defenders and follow up on these recommendations;

In order to do this, the Special Rapporteur presents an annual report to the HRC and General Assembly, undertakes country visits, and takes up individual cases of concern with Governments. The latter is often done through urgency letters. Since the creation of the mandate, over 2100 communications to some 120 countries on the situation of 3600 human rights defenders have been sent. In her first report, Ms Sekaggya focuses mainly on the UPR as a mechanism of strategic value in reviewing and hopefully improving the situation of human rights defenders in states reviewed.

Africa

The African Commission on Human and Peoples’ Rights (ACHPR) is an independent monitoring mechanism of the African Union. Its work includes promoting and protecting human rights and interpreting the provisions of the African Charter on Human and Peoples’ Rights. In 2004, the ACHPR appointed a Special Rapporteur on Human Rights Defenders to strengthen the protection of the rights of human rights defenders across Africa, Mrs. Reine Alapini-Gansou, succeeded by Mr. Mohamed Bechir Khalfallah in 2009.

The Americas

The Inter-American Commission on Human Rights (IACHR) is an independent mechanism of the OAS and was created to promote and protect human rights across the Americas.

Its work on human rights defenders is coordinated through a designated Human Rights Defenders Unit, which monitors, analyzes and reports on the situation of human rights defenders across the region. It also advises the IACHR on individual petitions by human rights defenders for precautionary measures, which may be ordered when a person is at risk of "serious and irreparable harm" as a result of their rights being violated. Precautionary measures include both security measures and investigations of the threats or other violations against human rights defenders, in order to address the root causes and prevent them happening again.

Europe

OSCE/ODIHR

In December 2003, the OSCE’s Warsaw-based Office for Democratic Institutions and Human Rights (ODIHR) created a special programme on freedom of association and has, since 2007, established a Focal Point for human rights defenders. This Focal Point “closely monitors the situation of human rights defenders, identifies issues of concern, and seeks to promote and protect their interests.” ODIHR also issues annual reports on human rights defenders in the OSCE region.

The Council of Europe

In February 2008, the Committee of Ministers of the Council of Europe adopted the Declaration on CoE action to improve the protection of human rights defenders and promote their activities.

The Declaration recalls that states have the primary responsibility to create a conducive environment for the work of human rights defenders, which enables individuals, groups and associations to carry out peaceful activities for the promotion and protection of human rights without restrictions other than those authorised under the European Convention on Human Rights. It lists different measures to be taken by states in this regard, such as strengthening the judicial system, ensuring the existence of effective remedies, carrying out prompt, independent and meaningful criminal investigations, strengthening the capacities and competencies of ombudspersons and national human rights institutions to receive complaints and ensuring effective access to the European Court on Human Rights (ECtHR) and other human rights’ protection mechanisms. Council of Europe member states are also requested to provide protective measures for swift assistance of human rights defenders at risk in third countries, including observation of trials and the issuance of emergency visas.

The Declaration endorsed the developed practice of the Council of Europe Commissioner for Human Rights to support and provide protection to human rights defenders and invited the Commissioner to strengthen the role and capacity of his Office.

In the framework of the promotion of the effective observance and full enjoyment of human rights in the Council of Europe area, the Commissioner for Human Rights, an independent and impartial institution, endeavours to assess the concrete human rights situation in each member state, to react to problems and give advice, when relevant, on corrective measures. The Commissioner’s activities in support of human rights defenders include:

• Monitoring of the situation of human rights defenders at national and regional levels with a view to identify gaps and shortcomings in national legislations, regulations and practices, which may affect their working conditions and safety;

• Reporting publicly on the situation of human rights defenders;

• Intervening in urgent cases of human rights defenders at risk, publicly or through confidential means, notably calling upon the governments to implement their human rights obligations and to assist them in looking for solutions to problems which defenders may face;

• Public awareness raising and strengthening networks. The website of the Commissioner has a particular page dedicated to human rights defenders;

• Co-operation, co-ordination and complementarity with key partners and actors such as the United Nations Special Rapporteur on Human Rights Defenders, the OSCE-ODIHR, the EU, non-governmental organisations and National Human Rights Structures. For this purpose the Commissioner has set up a task force.

EU

EU Guidelines on Human Rights Defenders

The EU guidelines on human rights defenders were adopted in 2004 and updated in 2008, in order to streamline EU actions in favour of human rights defenders. They give concrete proposals, especially to EU Missions in third countries, on monitoring the situation of HRDs e.g. in the human rights fact sheets, as well regarding support through visible recognition, by regular contacts or through trial observation, when necessary. Support for the UN mechanisms and coordination with other regional instruments is another important aspect, as well as the need to use the development policy also to protect HRDs.

While the guidelines are a very important tool and represent a commitment by the EU, both internal evaluations by the Council in 2006⁽¹⁾, or external assessments, such as a report of Amnesty International in 2007⁽²⁾, showed that there was a gap between the ambition and the actual implementation. The Council conclusions contained a wide set of recommendations to both Heads of Missions, Member States and the EU institutions, on awareness raising activities, increased training, more proactive outreach and strengthened support. Since then, some effort has been put into developing local strategies for implementation, and the setting up of local human rights groups at EU level in third countries, in order to assure increased coordination between different missions, but much still needs to be done. While many of the recommendations remain valid, or still needs to be transformed into concrete action, the creation of the European External Actions Service puts their implementation in a new challenging context.

Human rights defenders are of course also important actors for the implementation of many of the other guidelines, at the same time as other guidelines can serve as a tool for their support. One example are the human rights dialogues, often prepared by civil society seminars, with the idea to give input to the dialogue, while some dialogues also give the opportunity to raise individual cases, or at least to discuss the situation and problems faced by the defenders.

EIDHR

The European Instrument for Democracy and Human Rights is the EU’s financial instrument for support to human rights and democracy, mainly implemented in cooperation with civil society organisations. One of the novelties in the regulation adopted in 2006, possible through a revision of the financial regulation, is that it can now also give support to non-recognised NGO’s, which can be particularly important for those working in particularly difficult situations, covered by objective 1 of the instrument, and a step forward for EU’s support to human rights defenders.

During the negotiations on the regulation (EC 1889/2006), one of the absolute priorities of the European Parliament was the introduction of an emergency mechanism to support human rights defenders. Article 9 of the regulation, under the title Ad hoc Measures, reads: "the Commission may allocate small grants on an ad hoc basis to human rights defenders responding to urgent protection needs". The idea was mainly to give EC delegations the possibility to dispose of a small envelope to help HRDs in danger, e.g. to facilitate exit from a country. This kind of direct assistance to an individual was only possible after changes to the financial regulation, but has only been carried out to a very limited degree.

However, on the proposal of delegations, in coordination with organisations receiving funding from EIDHR, individuals have benefitted from this assistance. The long-term needs of a human rights defender (apart from an flight ticket, he/she will of course have other needs once in safety) have possibly not been sufficiently taken into account when foreseeing these measures, but there is still a valid point when asking for a political responsibility. Apart from helping people to get out of a country, other valuable actions involving minor sums of money could also be a form of protection, such as: access to cell phones, memory cards to document attacks etc.

Under the Strategy Paper 2007-2010 for EIDHR, objective 3 covers support actions for the different EU guidelines. 16 million € was allocated for specific support to human right defenders for this period. Following the first call for proposals, 11 specialised civil society organisations were selected, with project focusing both on prevention and protection, but mainly from an urgency perspective. When a second call for proposal will be published in 2010, it would be important to make sure that both short as well as long term needs are assured. Activities need to be coordinated and complementary, and reach human rights defenders who might not be so well known, or living in remote areas. Specific actions for especially vulnerable groups, as mentioned above, could also be foreseen. As most current beneficiary organisations are European, it is important to make sure projects also include local capacity building for partners in third countries.

European Parliament

One of the main functions of the European Parliament is to monitor and scrutinise the work of the other EU institutions, but the European Parliament is also in itself an important institution and actor as regards the promotion and protection of human rights defenders, through hearings, resolutions and not the least the Sakharov Prize. In 2008, we organised together with the European Commission and the UN, a big conference commemorating the 60th Anniversary of the Universal Declaration of Human Rights, as well as the 10th Anniversary of the adoption of the UN Declaration on human rights defenders.

The European Parliament assures public access to almost all its activities, thereby providing a platform for discussion and public presentations of HRDs in meetings and hearings. This visibility can in itself give increased protection, but can also expose the individuals to increased risks. Appearances in the European Parliament have sometimes resulted in arrests, Hu Jia maybe being one of the most notable cases. Increased cooperation between the EU institutions, e.g. the European Parliament notifying the European Commission in advance of visiting HRDs, or increased preparedness to follow up on the security situation for HRDs intervening in the EP, could be one way to better deal with these risks.

As for all elected assemblies, texts adopted by vote, resolutions in the case of the European Parliament represent the most significant way of communicating its position on a broad range of subjects, including human rights. Urgent resolutions, now based on rule 122, remain the most used legal basis to address human rights issues within the EP, and many of them deal with individual cases. In the study of EUIC, commissioned by the EP⁽³⁾, all resolutions adopted between 1999 and 2006 are analysed. Human rights defenders are featured in 74 out of 786 references to individual situations in resolutions (i.e. 9.4% of the total), others being politicians, unionists, journalists etc.

Many individual cases are also raised in correspondence, e.g. by the President of the Parliament or the Chair of a parliamentary delegation or the Chair of the Subcommittee on Human Rights to authorities involved. All individual cases subject to a resolution are listed in an annex to the EP annual report on human rights, sometimes also indicating further initiatives undertaken. There is however room for a more systematic follow-up and an improved track record of actions undertaken. One possibility could be to create a specific data base, as is currently being developed within the Council. This could also facilitate a necessary increased information exchange on activities carried out by the different institutions, as often requested by the European Parliament.

Since 1988, the European Parliament is awarding the Sakharov Prize for Freedom of Thought to laureates for their efforts on behalf of human rights and fundamental freedoms. The visibility the prize gives, in many cases improve the situation of the laureates. As many of them have witnessed in the conference organised in 2008 on the occasion of the 20th anniversary of the prize, the recognition of their work though the award offers real support and ’moral boosting’, while the financial grant can be beneficial, both for the laureate and the cause defended. By the creation of the Sakharov Network, it is also hoped that the European Parliament can improve the follow-up and connection with Sakharov Prize laureates as part of a sustained support, as well as better capitalise on the possible contribution and availabilities of the laureates for different actions.

In light of the above, the rapporteur wishes to make the following recommendations on the EU policies on human rights defenders:

Institutional strengthening and innovations under the Treaty of Lisbon

· The Treaty of Lisbon further develop the objectives of the Union’s foreign policy in its article 3 and 21 and puts the promotion and protection of human rights at the centre of the Union’s external action. First priority has to be given to ensure that the promotion of human rights as both basic value and objective of the Union’s foreign policy be duly mirrored in the structure of the EEAS, including in the human resources.

· Commission delegations in third countries will become Union delegations, a process already underway, and will have to play a crucial role in terms of representation of the EU and the implementation of the human rights policy, thereby the need to systematically include a high qualified political councillor on human rights and democracy. The appointment of such a person could at the same time reinforce the coherence and the visibility of the EU Human Rights Policy and be considered as a focal point for human rights defenders on the ground.

Towards a more coherent and systematic approach within the EU Human Rights Policy

· The EU Guidelines on Human Rights Defenders need to be duly and fully implemented by EU Delegations in third countries and by the end of 2010 increased efforts are needed to make sure that they all develop local strategies. It would therefore be highly recommended that the elaboration of local strategies, including their regular evaluation, is institutionalised by the VP/HR, so as to ensure greater consistency of the Union’s policy and a real implementation of such protecting measures. The involvement of human rights defenders into the drafting and monitoring process of local strategies will condition the effective value of these strategies. The meetings of human rights defenders and diplomats planned at least once a year can clearly contribute to the setting-up of such process.

· The list of local strategies should be provided to the Parliament or at least in the EU annual report on human rights. A clear commitment in favour of this measure by Heads of EU Delegations should be requested in case of parliamentary hearings by Parliament before their appointment by VP/HR.

· The current approach consisting in isolating human rights issues from all others has to be reversed. The promotion and protection of human rights defenders have to be integrated at all levels and in all aspects and instruments of the Union’s Foreign policy in order to increase coherence, effectiveness and credibility of the EU support for HRD. The adoption of a Country Strategy on Human Rights and Democracy to be considered as a reference document establishing country-specific priorities in this field and mainstreamed into all relevant external EU policies and instruments with the third country concerned could substantially contribute to this targeting approach.

· Major aspects of local strategies for the implementation of the EU Guidelines on Human Rights Defenders should be reflected in Country Strategy papers, ENP Action Plans and Annual Action Programmes of the EIDHR. The support for and protection of human rights defenders must go beyond human rights dialogues and ENP human rights subcommittees considering the urgent character of actions to be taken and have to be systematically high on the agenda of the political dialogue with third countries, including within Association or Cooperation Councils and bilateral Summits.

· The EIDHR which has already demonstrated its capacity to support and promote the respect for human rights and the strengthening of the rule of law should continue to further enhance the direct support for human rights defenders.

· A closer bridge has to be built up between Human Rights dialogues organised prior to bilateral summits, such as the holding of meetings with human rights defenders prior to the summit. This kind of action could overcome the current limits of these dialogues and provide tangible results and usefulness.

More transparency and visibility as protection measure

· Human rights defenders at risk in third countries mainly ask for more visibility and publicity of EU actions regarding all of kind of difficult situations they can face, including harassments, threats and unfair detention. Public measures are identified by them as protection measures. In this sense, it would be recommended that whenever possible, confidential demarches undertaken by EU Member States and in the near future, by EU Delegations, become public and put on the website of these delegations and on those of the Council and the Commission. The decision to make it public should however always be in the hand of the human rights defender or of his/her family.

· The VP/HR should give top priority to meet with human rights defenders when she officially travels in third countries. In addition, this aspect should be imperatively included in the mandate of EUSR. Both VP/HR and EUSR should be accountable before Parliament for their action in this regard.

Towards a more coordinated and result-oriented action in favour of Human Rights defenders

· Only the elaboration of a holistic approach towards human rights defenders can increase the credibility and efficiency of the EU policy. This approach should therefore include at the same time support measures to secure their activities, as well as preventive and protection measures so as to be able to act in due time. Both short-term and long-term needs of human rights defenders have to be taken into consideration. The revised Strategy for EIDHR and the EU guidelines on human rights defenders should reflect this balanced approach.

· A special focus should not only be made on the protection of human rights defenders in their own country, but also by the delivery of visas for human rights defenders at risk and emergency situations. The issue of this specific visa should be incorporated in the Community Code on visas.

· Urgency visas should also be accompanied by the launching of a programme of shelters cities so as to complement the existing tools and protection mechanisms for human rights defenders.

· The current cooperation between the existing protection mechanisms at the European and international level have to be supported and further strengthened by systematic exchange of information and of strategy so as to ensure a better complementarity between all of them. The existing taskforces on human rights defenders both within the COHOM and the Council of Europe, under the responsibility of the Commissioner on Human Rights, have to be welcomed and should work hand in hand.

· The annual meetings related to the promotion of human rights activism organised by the Council of Europe and the initiatives taken by the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), and the Inter-American Commission on Human Rights (IACHR) aim at strengthening the interaction and complementarity between international and regional mechanisms and institutions for the protection of human rights defenders. All of these innovative approaches based on increased cooperation between all mechanisms and institutions have to be further explored in order to enjoy a result-oriented strategy towards human rights defenders.

· In the context of the implementation of the Treaty of Lisbon, EU institutions should make special efforts so as to establish an inter-institutional cooperation on human rights defenders based on an inter-institutional network which could meet on a regular basis. The creation of such a network could be eased by the setting up of focal points for human rights defenders in the European Parliament and the EEAS. The creation of an alert system mechanism to be shared between EU institutions and all other protection mechanism should be explored.

· At the same time, the Sakharov Prize network launched in December 2008 at the occasion of the 20th Anniversary of the Sakharov Prize should be further explored.

· Information sharing would also be facilitated by the creation of data bases, or "log books", which would make it easier to keep track on activities undertaken, especially in regard to individuals.

(1)	Council Conclusions on EU Guidelines on human rights defenders
(2)	“Ensuring Protection? The European Union and human rights defenders”, Amnesty International May 2007, AI Index: EUR 01/007/2007,
(3)	Beyond Activism. The Impact of the resolutions and other activities of the EP in the field of human rights outside the European Union, October 2006

 

IntroductionHuman rights defenders all over the world are crucial actors when it comes to the protection and promotion of basic human rights, through a day to day commitment, many times at the risk of their own lives. Human rights defenders are also crucial actors of change, and key players of democratic processes of their countries, thereby constituting the human link between democracy and respect for human rights. Support for human rights defenders is also a long-established element of the European Union’s human rights external relations policy.Time has now come to have a closer look at the EU Policies in support of human rights defenders, to evaluate existing mechanisms, and to propose further steps for the future, so as to strengthen the work of human rights defenders through a participative strategy and to ensure protection through both urgent and long term measures.Who can be a human rights defender?The UN Declaration on human rights defenders adopted in 1998 constitutes today the document of reference for all international and regional mechanisms, as it outlines the rights of individuals and organizations essential for the defence of human rights and the obligations of state to provide support and protection for such activity.According to the declaration, "human rights defender” is a term used to describe persons who, individually or with others, act to promote or protect human rights. But a human rights defender must work through peaceful means. The definition does not include individuals or groups who commit or propagate violence.In accordance with this broad categorization, human rights defenders can be any person or group of persons working to promote human rights, ranging from intergovernmental organizations based in the world’s largest cities to individuals working within their local communities. Defenders can be of any gender, of varying ages, from any part of the world and from all sorts of professional or other backgrounds. In particular, it is important to note that human rights defenders are not only found within NGOs and intergovernmental organizations but might also, in some instances, be government officials, civil servants or members of the private sector.What do human rights defenders do?Human rights defenders are identified above all by what they do and it is through a description of their actions and of some of the contexts in which they work that the term can best be explained.Human rights defenders work towards the realisation of any or all of the rights enshrined in the 1948 Universal Declaration of Human Rights and other international human rights instruments. Consequently, they seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights.Human rights defenders play a pro-active role in the consolidation of democratic principles, and their activities include collection and dissemination of information on violations of human rights, support to victims of human rights violations, contributions to the implementation of human rights conventions, actions to secure accountability and to end impunity, support for good governance, and they are often key partners for the development of human rights education and training.Violations committed against human rights defendersHuman rights defenders often face human rights violations themselves in the course of their work. This includes killings, death threats, abductions and kidnappings, arbitrary arrest and detention, sometimes tortured. HRDs are often subject to harassment, and many have been the victims of defamation campaigns. Sometimes criminal or other charges are another way to try to stop their work. Peaceful demonstrations, lodging of complaints have led to charges as public disturbance and hooliganism, with severe court sentences. Policies, legislation and procedures described as "security measures", for example the antiterrorism laws, are sometimes applied in such a way as to restrict the work of human rights defenders or to directly target the defenders themselves.Women Human Rights defenders and other groups particularly at riskWomen human rights defenders face distinct risks and obstacles with regard to effectively carrying out their human rights work. They are at risk because both of whom they are and what they do. Frequently, the violence or threat against them is sexual in nature, or they face restrictions in their work on account of their gender. Furthermore, prejudice, exclusion and public repudiation by both state forces and social actors weigh heavily in their lives. Many women human rights defenders have also a day-to-day responsibility for the care of young children or elderly parents and often find it very hard to continue their human rights work knowing that arrest and detention would prevent them from fulfilling that role in the family.This particular situation is recognised in the EU Guidelines, which underline that it is important to apply a gender perspective when approaching the issue of human rights defenders and ask missions to pay particular attention to the specific risks faced by women human rights defenders. Special campaigns to increase efforts and better reach out to women human rights defenders have been carried out at EU-level, during several Presidencies.Other groups and categories of defenders who are particularly exposed to attacks and human rights violations as a result of the work they carry out, according notably to the 2007 report of the Special Representative of Human rights defenders and recognised in the last revision of the EU Guidelines in 2008, include defenders working to promote economic, social and cultural rights and those working with minorities’ rights, indigenous peoples and lesbian, gay, bisexual and transgender people.II. UN and Regional protection mechanisms for human rights defendersThe UN Special RapporteurIn 2000, the Commission on Human Rights asked the Secretary-General to establish a mandate on human rights defenders, to give support to the implementation of the Declaration on human rights defenders and also to gather information on the actual situation of human rights defenders around the world. This post was occupied by Mrs Hina Jilani until 2008, when she was replaced by Ms. Margaret Sekaggya. The mandate on human rights defenders is broad and stipulates that the Special Rapporteur’s main roles are:· seek, receive, examine and respond to information on the situation of human rights defenders;· establish cooperation and conduct dialogue with governments and other interested actors on the promotion and effective implementation of the Declaration;· recommend effective strategies better to protect human rights defenders and follow up on these recommendations;In order to do this, the Special Rapporteur presents an annual report to the HRC and General Assembly, undertakes country visits, and takes up individual cases of concern with Governments. The latter is often done through urgency letters. Since the creation of the mandate, over 2100 communications to some 120 countries on the situation of 3600 human rights defenders have been sent. In her first report, Ms Sekaggya focuses mainly on the UPR as a mechanism of strategic value in reviewing and hopefully improving the situation of human rights defenders in states reviewed.AfricaThe African Commission on Human and Peoples’ Rights (ACHPR) is an independent monitoring mechanism of the African Union. Its work includes promoting and protecting human rights and interpreting the provisions of the African Charter on Human and Peoples’ Rights. In 2004, the ACHPR appointed a Special Rapporteur on Human Rights Defenders to strengthen the protection of the rights of human rights defenders across Africa, Mrs. Reine Alapini-Gansou, succeeded by Mr. Mohamed Bechir Khalfallah in 2009.The AmericasThe Inter-American Commission on Human Rights (IACHR) is an independent mechanism of the OAS and was created to promote and protect human rights across the Americas.Its work on human rights defenders is coordinated through a designated Human Rights Defenders Unit, which monitors, analyzes and reports on the situation of human rights defenders across the region. It also advises the IACHR on individual petitions by human rights defenders for precautionary measures, which may be ordered when a person is at risk of "serious and irreparable harm" as a result of their rights being violated. Precautionary measures include both security measures and investigations of the threats or other violations against human rights defenders, in order to address the root causes and prevent them happening again.EuropeOSCE/ODIHRIn December 2003, the OSCE’s Warsaw-based Office for Democratic Institutions and Human Rights (ODIHR) created a special programme on freedom of association and has, since 2007, established a Focal Point for human rights defenders. This Focal Point “closely monitors the situation of human rights defenders, identifies issues of concern, and seeks to promote and protect their interests.” ODIHR also issues annual reports on human rights defenders in the OSCE region.The Council of EuropeIn February 2008, the Committee of Ministers of the Council of Europe adopted the Declaration on CoE action to improve the protection of human rights defenders and promote their activities.The Declaration recalls that states have the primary responsibility to create a conducive environment for the work of human rights defenders, which enables individuals, groups and associations to carry out peaceful activities for the promotion and protection of human rights without restrictions other than those authorised under the European Convention on Human Rights. It lists different measures to be taken by states in this regard, such as strengthening the judicial system, ensuring the existence of effective remedies, carrying out prompt, independent and meaningful criminal investigations, strengthening the capacities and competencies of ombudspersons and national human rights institutions to receive complaints and ensuring effective access to the European Court on Human Rights (ECtHR) and other human rights’ protection mechanisms. Council of Europe member states are also requested to provide protective measures for swift assistance of human rights defenders at risk in third countries, including observation of trials and the issuance of emergency visas.The Declaration endorsed the developed practice of the Council of Europe Commissioner for Human Rights to support and provide protection to human rights defenders and invited the Commissioner to strengthen the role and capacity of his Office.In the framework of the promotion of the effective observance and full enjoyment of human rights in the Council of Europe area, the Commissioner for Human Rights, an independent and impartial institution, endeavours to assess the concrete human rights situation in each member state, to react to problems and give advice, when relevant, on corrective measures. The Commissioner’s activities in support of human rights defenders include:• Monitoring of the situation of human rights defenders at national and regional levels with a view to identify gaps and shortcomings in national legislations, regulations and practices, which may affect their working conditions and safety;• Reporting publicly on the situation of human rights defenders;• Intervening in urgent cases of human rights defenders at risk, publicly or through confidential means, notably calling upon the governments to implement their human rights obligations and to assist them in looking for solutions to problems which defenders may face;• Public awareness raising and strengthening networks. The website of the Commissioner has a particular page dedicated to human rights defenders;• Co-operation, co-ordination and complementarity with key partners and actors such as the United Nations Special Rapporteur on Human Rights Defenders, the OSCE-ODIHR, the EU, non-governmental organisations and National Human Rights Structures. For this purpose the Commissioner has set up a task force.EUEU Guidelines on Human Rights DefendersThe EU guidelines on human rights defenders were adopted in 2004 and updated in 2008, in order to streamline EU actions in favour of human rights defenders. They give concrete proposals, especially to EU Missions in third countries, on monitoring the situation of HRDs e.g. in the human rights fact sheets, as well regarding support through visible recognition, by regular contacts or through trial observation, when necessary. Support for the UN mechanisms and coordination with other regional instruments is another important aspect, as well as the need to use the development policy also to protect HRDs.While the guidelines are a very important tool and represent a commitment by the EU, both internal evaluations by the Council in 2006(1), or external assessments, such as a report of Amnesty International in 2007(2), showed that there was a gap between the ambition and the actual implementation. The Council conclusions contained a wide set of recommendations to both Heads of Missions, Member States and the EU institutions, on awareness raising activities, increased training, more proactive outreach and strengthened support. Since then, some effort has been put into developing local strategies for implementation, and the setting up of local human rights groups at EU level in third countries, in order to assure increased coordination between different missions, but much still needs to be done. While many of the recommendations remain valid, or still needs to be transformed into concrete action, the creation of the European External Actions Service puts their implementation in a new challenging context.Human rights defenders are of course also important actors for the implementation of many of the other guidelines, at the same time as other guidelines can serve as a tool for their support. One example are the human rights dialogues, often prepared by civil society seminars, with the idea to give input to the dialogue, while some dialogues also give the opportunity to raise individual cases, or at least to discuss the situation and problems faced by the defenders.EIDHRThe European Instrument for Democracy and Human Rights is the EU’s financial instrument for support to human rights and democracy, mainly implemented in cooperation with civil society organisations. One of the novelties in the regulation adopted in 2006, possible through a revision of the financial regulation, is that it can now also give support to non-recognised NGO’s, which can be particularly important for those working in particularly difficult situations, covered by objective 1 of the instrument, and a step forward for EU’s support to human rights defenders.During the negotiations on the regulation (EC 1889/2006), one of the absolute priorities of the European Parliament was the introduction of an emergency mechanism to support human rights defenders. Article 9 of the regulation, under the title Ad hoc Measures, reads: "the Commission may allocate small grants on an ad hoc basis to human rights defenders responding to urgent protection needs". The idea was mainly to give EC delegations the possibility to dispose of a small envelope to help HRDs in danger, e.g. to facilitate exit from a country. This kind of direct assistance to an individual was only possible after changes to the financial regulation, but has only been carried out to a very limited degree.However, on the proposal of delegations, in coordination with organisations receiving funding from EIDHR, individuals have benefitted from this assistance. The long-term needs of a human rights defender (apart from an flight ticket, he/she will of course have other needs once in safety) have possibly not been sufficiently taken into account when foreseeing these measures, but there is still a valid point when asking for a political responsibility. Apart from helping people to get out of a country, other valuable actions involving minor sums of money could also be a form of protection, such as: access to cell phones, memory cards to document attacks etc.Under the Strategy Paper 2007-2010 for EIDHR, objective 3 covers support actions for the different EU guidelines. 16 million € was allocated for specific support to human right defenders for this period. Following the first call for proposals, 11 specialised civil society organisations were selected, with project focusing both on prevention and protection, but mainly from an urgency perspective. When a second call for proposal will be published in 2010, it would be important to make sure that both short as well as long term needs are assured. Activities need to be coordinated and complementary, and reach human rights defenders who might not be so well known, or living in remote areas. Specific actions for especially vulnerable groups, as mentioned above, could also be foreseen. As most current beneficiary organisations are European, it is important to make sure projects also include local capacity building for partners in third countries.European ParliamentOne of the main functions of the European Parliament is to monitor and scrutinise the work of the other EU institutions, but the European Parliament is also in itself an important institution and actor as regards the promotion and protection of human rights defenders, through hearings, resolutions and not the least the Sakharov Prize. In 2008, we organised together with the European Commission and the UN, a big conference commemorating the 60th Anniversary of the Universal Declaration of Human Rights, as well as the 10th Anniversary of the adoption of the UN Declaration on human rights defenders.The European Parliament assures public access to almost all its activities, thereby providing a platform for discussion and public presentations of HRDs in meetings and hearings. This visibility can in itself give increased protection, but can also expose the individuals to increased risks. Appearances in the European Parliament have sometimes resulted in arrests, Hu Jia maybe being one of the most notable cases. Increased cooperation between the EU institutions, e.g. the European Parliament notifying the European Commission in advance of visiting HRDs, or increased preparedness to follow up on the security situation for HRDs intervening in the EP, could be one way to better deal with these risks.As for all elected assemblies, texts adopted by vote, resolutions in the case of the European Parliament represent the most significant way of communicating its position on a broad range of subjects, including human rights. Urgent resolutions, now based on rule 122, remain the most used legal basis to address human rights issues within the EP, and many of them deal with individual cases. In the study of EUIC, commissioned by the EP(3), all resolutions adopted between 1999 and 2006 are analysed. Human rights defenders are featured in 74 out of 786 references to individual situations in resolutions (i.e. 9.4% of the total), others being politicians, unionists, journalists etc.Many individual cases are also raised in correspondence, e.g. by the President of the Parliament or the Chair of a parliamentary delegation or the Chair of the Subcommittee on Human Rights to authorities involved. All individual cases subject to a resolution are listed in an annex to the EP annual report on human rights, sometimes also indicating further initiatives undertaken. There is however room for a more systematic follow-up and an improved track record of actions undertaken. One possibility could be to create a specific data base, as is currently being developed within the Council. This could also facilitate a necessary increased information exchange on activities carried out by the different institutions, as often requested by the European Parliament.Since 1988, the European Parliament is awarding the Sakharov Prize for Freedom of Thought to laureates for their efforts on behalf of human rights and fundamental freedoms. The visibility the prize gives, in many cases improve the situation of the laureates. As many of them have witnessed in the conference organised in 2008 on the occasion of the 20th anniversary of the prize, the recognition of their work though the award offers real support and ’moral boosting’, while the financial grant can be beneficial, both for the laureate and the cause defended. By the creation of the Sakharov Network, it is also hoped that the European Parliament can improve the follow-up and connection with Sakharov Prize laureates as part of a sustained support, as well as better capitalise on the possible contribution and availabilities of the laureates for different actions.In light of the above, the rapporteur wishes to make the following recommendations on the EU policies on human rights defenders:Institutional strengthening and innovations under the Treaty of Lisbon· The Treaty of Lisbon further develop the objectives of the Union’s foreign policy in its article 3 and 21 and puts the promotion and protection of human rights at the centre of the Union’s external action. First priority has to be given to ensure that the promotion of human rights as both basic value and objective of the Union’s foreign policy be duly mirrored in the structure of the EEAS, including in the human resources.· Commission delegations in third countries will become Union delegations, a process already underway, and will have to play a crucial role in terms of representation of the EU and the implementation of the human rights policy, thereby the need to systematically include a high qualified political councillor on human rights and democracy. The appointment of such a person could at the same time reinforce the coherence and the visibility of the EU Human Rights Policy and be considered as a focal point for human rights defenders on the ground.Towards a more coherent and systematic approach within the EU Human Rights Policy· The EU Guidelines on Human Rights Defenders need to be duly and fully implemented by EU Delegations in third countries and by the end of 2010 increased efforts are needed to make sure that they all develop local strategies. It would therefore be highly recommended that the elaboration of local strategies, including their regular evaluation, is institutionalised by the VP/HR, so as to ensure greater consistency of the Union’s policy and a real implementation of such protecting measures. The involvement of human rights defenders into the drafting and monitoring process of local strategies will condition the effective value of these strategies. The meetings of human rights defenders and diplomats planned at least once a year can clearly contribute to the setting-up of such process.· The list of local strategies should be provided to the Parliament or at least in the EU annual report on human rights. A clear commitment in favour of this measure by Heads of EU Delegations should be requested in case of parliamentary hearings by Parliament before their appointment by VP/HR.· The current approach consisting in isolating human rights issues from all others has to be reversed. The promotion and protection of human rights defenders have to be integrated at all levels and in all aspects and instruments of the Union’s Foreign policy in order to increase coherence, effectiveness and credibility of the EU support for HRD. The adoption of a Country Strategy on Human Rights and Democracy to be considered as a reference document establishing country-specific priorities in this field and mainstreamed into all relevant external EU policies and instruments with the third country concerned could substantially contribute to this targeting approach.· Major aspects of local strategies for the implementation of the EU Guidelines on Human Rights Defenders should be reflected in Country Strategy papers, ENP Action Plans and Annual Action Programmes of the EIDHR. The support for and protection of human rights defenders must go beyond human rights dialogues and ENP human rights subcommittees considering the urgent character of actions to be taken and have to be systematically high on the agenda of the political dialogue with third countries, including within Association or Cooperation Councils and bilateral Summits.· The EIDHR which has already demonstrated its capacity to support and promote the respect for human rights and the strengthening of the rule of law should continue to further enhance the direct support for human rights defenders.· A closer bridge has to be built up between Human Rights dialogues organised prior to bilateral summits, such as the holding of meetings with human rights defenders prior to the summit. This kind of action could overcome the current limits of these dialogues and provide tangible results and usefulness.More transparency and visibility as protection measure· Human rights defenders at risk in third countries mainly ask for more visibility and publicity of EU actions regarding all of kind of difficult situations they can face, including harassments, threats and unfair detention. Public measures are identified by them as protection measures. In this sense, it would be recommended that whenever possible, confidential demarches undertaken by EU Member States and in the near future, by EU Delegations, become public and put on the website of these delegations and on those of the Council and the Commission. The decision to make it public should however always be in the hand of the human rights defender or of his/her family.· The VP/HR should give top priority to meet with human rights defenders when she officially travels in third countries. In addition, this aspect should be imperatively included in the mandate of EUSR. Both VP/HR and EUSR should be accountable before Parliament for their action in this regard.Towards a more coordinated and result-oriented action in favour of Human Rights defenders· Only the elaboration of a holistic approach towards human rights defenders can increase the credibility and efficiency of the EU policy. This approach should therefore include at the same time support measures to secure their activities, as well as preventive and protection measures so as to be able to act in due time. Both short-term and long-term needs of human rights defenders have to be taken into consideration. The revised Strategy for EIDHR and the EU guidelines on human rights defenders should reflect this balanced approach.· A special focus should not only be made on the protection of human rights defenders in their own country, but also by the delivery of visas for human rights defenders at risk and emergency situations. The issue of this specific visa should be incorporated in the Community Code on visas.· Urgency visas should also be accompanied by the launching of a programme of shelters cities so as to complement the existing tools and protection mechanisms for human rights defenders.· The current cooperation between the existing protection mechanisms at the European and international level have to be supported and further strengthened by systematic exchange of information and of strategy so as to ensure a better complementarity between all of them. The existing taskforces on human rights defenders both within the COHOM and the Council of Europe, under the responsibility of the Commissioner on Human Rights, have to be welcomed and should work hand in hand.· The annual meetings related to the promotion of human rights activism organised by the Council of Europe and the initiatives taken by the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), and the Inter-American Commission on Human Rights (IACHR) aim at strengthening the interaction and complementarity between international and regional mechanisms and institutions for the protection of human rights defenders. All of these innovative approaches based on increased cooperation between all mechanisms and institutions have to be further explored in order to enjoy a result-oriented strategy towards human rights defenders.· In the context of the implementation of the Treaty of Lisbon, EU institutions should make special efforts so as to establish an inter-institutional cooperation on human rights defenders based on an inter-institutional network which could meet on a regular basis. The creation of such a network could be eased by the setting up of focal points for human rights defenders in the European Parliament and the EEAS. The creation of an alert system mechanism to be shared between EU institutions and all other protection mechanism should be explored.· At the same time, the Sakharov Prize network launched in December 2008 at the occasion of the 20th Anniversary of the Sakharov Prize should be further explored.· Information sharing would also be facilitated by the creation of data bases, or "log books", which would make it easier to keep track on activities undertaken, especially in regard to individuals.

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