– To strengthen the EU guidelines on human rights defenders, the Council Secretariat should identify a coordinator responsible for a permanent follow up between the COHOM sessions, said Alexa LeBlanc from FIDH, who spoke at the HRH Anniversary Conference in Oslo 14 October. She also said temporary visas should be granted to human rights defenders at grave risks.  

Read the speech below

More about the HRH Anniversary Conference 13-14 October

Activists under attack. Defending the Right to be a Human Rights Defenders
Human Rights House Foundation, Oslo, October 14, 2004

Alexa LeBlanc, Programmes and Fundraising Director, International Federation for Human Rights (FIDH)

Dear friends and admired activists,

First of all, I would like to thank the Human Rights House Foundation for having invited FIDH to this important conference.

I would like to begin by telling you a few words about our organisation : the International Federation for Human Rights (FIDH) is an international NGO that was created in 1922 and which strives for the promotion and protection of all human rights enshrined in the Universal Declaration of Human Rights. The FIDH is a federation which gathers 141 local independent human rights organisations throughout the world.

Through its overall activities, the FIDH already brings support to local NGOs and civil societies, by the means of training seminars, missions of investigation, facilitating the access and the use of existing international mechanisms to its member organisations and relaying their activities on a daily basis, in particular within intergovernmental organisations and international media.

The increasing repression that has targeted human rights defenders in many countries over recent years , has conducted the FIDH to put this question on the top of its priorities and to create a specific programme to help protect them. The FIDH associated its efforts with another international NGO, the World Organisation Against Torture (OMCT). In 1997, we decided to create a joint programme called the Observatory for the Protection of Human Rights Defenders.

Our purpose of this morning being to identify initiatives to support human rights defenders, I will focus my intervention on the methods implemented by the Observatory in order to fulfil its own double objective, which includes :
– firstly, to ensure concrete protection to human rights defenders who are harassed for the sole reason that they engage actively in promoting universally recognised fundamental freedoms ;
– and secondly, to ensure the recognition of Human Rights Defenders’ role in the promotion of peace, the rule of law and democracy in all parts of the world and help reduce obstacles which they face in trying to achieve this goal.
 
 A preliminary remark before speaking about of methods:   with efficiency as its primary objective, the Observatory bases its activity on an «operational definition» of human rights defenders which reads as follows: “each person victim or risking to be the victim of reprisals, harassment or violations due to his or her compromise exercised individually or in association with others, in conformity with the international instruments of protection of Human Rights, in favour of the promotion and realisation of the rights recognised by the Universal Declaration of Human Rights and guaranteed by international instruments”. This broad categorisation provides an important level of flexibility and allows the Observatory to include a wide range of situations in which human rights defenders are under attack, as well as an increasing variety of individuals and groups (lawyers, magistrates, families of disappeared persons, union leaders, environmental activists…).
 
 Working methods:
 
 The working methods implemented in the framework of the Observatory stem both from FIDH and OMCT respective experiences, as well as from the needs expressed by local organisations that are members or partners of our networks on the ground.
 
 1. Mechanism of systematic alert
 First of all, the Observatory has set up a mechanism of systematic alert of the international community on cases of harassment and repression against defenders of human rights and fundamental freedoms, in particular when they require an urgent intervention.
 The Observatory´s alert system operates through urgent appeals sent by e-mail in three languages (French, English and Spanish) to tens of thousands of correspondents world-wide, including Government authorities, IGOs, NGOs, media…. These appeals are based on information received by the Observatory thanks to a unique network made up of nearly 400 FIDH and OMCT partner NGOs world-wide.  The Observatory ensures that cases are submitted without delay to the bodies best able to deal with them by targeting the recipients of the appeals. Basing itself on OMCT´s experience with urgent appeals and its in situ system of verification by reliable partners, the Observatory has set up a system which is fast and reliable.
 
 In terms of results, many human rights defenders at risk agree that the Observatory’s urgent interventions are very important for them in terms of prevention and protection, in particular because they break the isolation they are faced with in their daily life and activities. The multiplying effect of urgent appeals, which are often followed by mobilisation of other groups who directly express their concern to governments, can have a very important impact on States and act as a tool of protection. Human rights defenders working at the local level have informed us that they often use these interventions in their contacts with their respective authorities. They also highlight the solidarity created by these interventions as a clear encouragement to continue their work in favour of human rights in their respective countries.
 
 Example: Democratic Republic of Congo: In May 2002, Dismas Kitenge Senga, President of the Lotus Group in Kisangani, was forced to go into hiding after civil society representatives were accused of inciting riots and violence in the town. The Observatory immediately launched an urgent appeal and directly contacted the authorities as well as the representatives of the MONUC on the ground. Following the appeal, several international radios broadcasted interviews on his situation and that of other human rights defenders in the same situation. Thanks to this, Dismas Kitenge and his colleagues escaped reprisals and were able to resume their activities safely.
 
 The Observatory´s urgent interventions are also particularly useful for the various UN special procedures, including the Special Representative for Human Rights Defenders, the Special Rapporteur on freedom of expression, and the Working Group on arbitrary detention. They also constitute an important source of information for the European Commission and the European Parliament, as well as for the Organisation of American States (OAS) and the African Union (AU).
 
 Example: Turkey : The press release sent by the Observatory concerning the raid on the offices of the Turkish Human Rights Associations on May 6, 2003, led the European Parliament to adopt a resolution of May 15, 2003, «expressing its support for the activities and campaigns conducted by the IHD».
 
 To give you a few figures, in 2003, the Observatory sent out 102 urgent appeals concerning cases of human rights violations of defenders in 51 countries; sent 16 open letters and 5 private communications to high authorities of 20 countries throughout the world; issued 52 press releases; edited monthly newsletters reporting on all the cases dealt with by the Observatory each month as well as regular special appeals on the situation of human rights defenders in Colombia.
 
 2. International missions:
 
 A second activity implemented by the Observatory consists in organising international missions of investigation, judicial observation, defence, or solidarity.
 
 Missions of investigation have a threefold purpose: to determine where responsibilities lie in cases of violations perpetrated against defenders, raising awareness of such violations; to provide direct support to the defenders through a strong presence in the field; to help them in their activities and try to facilitate their international contacts, in particular with intergovernmental organisations. Such missions serve to examine the situation regarding repression against defenders in countries where their position is particularly difficult. These missions are based on the experience of the FIDH, which each year carries out missions of investigation in numerous countries. They give rise to written reports that are important tools for bringing the matter to the attention of States, intergovernmental bodies, other NGOs and the media.
 
 Such missions are sent by the Observatory according to the following criteria :
 – When they respond to the deterioration of human rights or to an alarming situation (this was the case for example last year when the Observatory sent a mission to Belarus, the Russian Federation and Zimbabwe).
 – When they respond to a strong request of a local NGO, especially when the situation needs to be given more public awareness (as it was the case last year for Cameroon and the year before in Nicaragua).
 
 Missions of judicial observation or defence: Such missions serve to give judicial support when a human rights defender is the object of arbitrary proceedings and when there are serious reasons to believe that the right to an impartial and fair trial will not be respected. In 2003, 15 trial observation missions in six different countries were carried out.
 
 In 2004, for instance, the Observatory sent two lawyers to attend the first hearing of the trial of Aktham Naisse, the President of the Committees for the Defence of Democratic Freedoms and Human Rights in Syria. It is worth mentioning that during this hearing, which took place on July 26, they were the only foreign observers who were authorised to attend the trial because they were Arabic, whereas the entrance of observers from the EU member States or the United States was refused. After the second hearing, on August 16, to which the Observatory mandated another observer, Mr. Naisse was released with bail. He still remains under judicial prosecution and the Observatory will remain mobilised in view of the next hearing that will take place on October 24.
 
 Regarding Missions of solidarity: The objective of such missions is either to bring a strong support to human rights defenders or to give them the possibility to travel abroad and to promote their action, in particular through contacts with international instances. The Observatory sent two missions of solidarity last year to support Radhia Nasraoui, a Tunisian lawyer, and president of the Tunisian Association Against Torture, as she was on a hunger strike from October 15 to December 10 2003, to protest against the constant harassment she and her family have been subjected to since many years, due to her activities. Even if she is still under surveillance and her organisation is still not recognised, Mrs. Nasraoui and the mobilisation around her case has managed to attract the attention of many representatives of the international community and of the media to the many serious violations committed against human rights defenders in Tunisia.
 
 3. Material assistance
 The Observatory also brings personalised and very concrete assistance to some human rights defenders. This is done in co-ordination with other organisations, and includes primarily material support, with the aim of ensuring the security of the defenders who are victims of serious violations. In its terms of reference the Observatory has given itself the task of providing material assistance in the following cases:
– when a defender (or his/her family members) is, in a situation of serious danger or precariousness,
– or when a defender is subjected to strong pressure or threats; it then becomes necessary to enable him to leave the country, temporarily or permanently.
Unfortunately this assistance remains more limited than we would like, mostly for reasons of limited financial resources.

4. Mobilisation of intergovernmental bodies.
Since its creation, the Observatory has lobbied international and regional inter-governmental organisations, in view of the adoption of mechanisms of protection of human rights defenders.
In this regard, the Observatory together with other international NGOs contributed to the adoption of the Declaration on Human Rights Defenders by the General Assembly of the United Nations in 1998 and to the creation of the Special representative on Human Rights in April 2000. In fact, I was very happy to hear directly from Professor Jan Helgesen who spoke yesterday that he had found FIDH contributions very helpful during the draft and lobbying for the Declaration. Since April 2000, the Observatory has developed close co-operation with the office of the Special Representative, by systematically sending her information on individual cases, and developing with her working methods and strategies to be adopted.

At the regional level, the Observatory has been very active in encouraging the creation of specific mechanisms of protection of human rights defenders, in instances such as the African Commission on Human and Peoples’ Rights in particular, the European Union, the Organisation for security and Cooperation in Europe and the Inter-American Commission on Human Rights to a lesser extent.

The case of the African Commission is very illustrative of this activity: Since its creation, the Observatory has actively participated in the sessions of the African Commission on Human and Peoples´ Rights, and under its impulse, a new item on human rights defenders was included in the agenda of each session of the Commission.

Since then, the Observatory has presented written and oral contributions to the Commission on the situation of human rights defenders in Africa, putting the emphasis on individual cases and new restrictive legislation on freedom of association, expression or assembly, as it has been the case in Tanzania, Uganda or Zimbabwe. Together with other international NGOs, such as Amnesty International and the International Service for Human Rights, the Observatory called for the creation of a mechanism of protection of Human Rights Defenders by the ACHPR.

During the 33rd session in 2003, the Observatory with other international NGOs submitted an informal joint document to each Commissioner, concerning the necessity to adopt a protection mechanism.

Finally, at the 34rd session of the African Commission in Banjul, in November 2003, a Focal Point on human rights defenders was established by the Commission, and Commissioner Jainaba Johm was appointed at this position. In March 2004, the Observatory supported the participation of the Focal Point, as well as that of representatives from several African NGOs in a technical meeting of experts to assist the African Commission to develop concrete proposals and a framework for the functioning of the Focal Point on Human Rights Defenders in Africa, headed by Commissioner Jainaba Johm. The Observatory also contributed to the drafting of a resolution on the Protection of Human Rights Defenders, focusing on the terms of the mandate of the Focal Point. During the 35th Ordinary Session of the African Commission, the Observatory presented a written and oral intervention on Human Rights Defenders in Africa. During this last session, the Commission decided to nominate Commissioner Jainaba Johm as Special Rapporteur on Human Rights Defenders in Africa, as well as to adopt a resolution defining the terms of her mandate, based on the resolution worked out during the expert meeting in March.

I would also like to say a few words about the importance of the EU Guidelines that were adopted by the Council of the European Union last June. The Observatory participated in several meetings in view of the elaboration of these Guidelines and has welcomed their adoption, which constitutes a very important step forward in terms of recognition of the role of human rights defenders and, of course, in terms of protection. The Observatory believes however that in order to strengthen the guidelines, the Council Secretariat should identify a coordinator responsible for a permanent follow up between the Council Working Party on Human Rights (COHOM) sessions, guarantying a permanent coordination and an effective implementation of these Guidelines. Also, as an organisation that protects human rights defenders it is our duty to express regrets that no reference is made in the Guidelines to the granting of temporary visas to human rights defenders at grave risks or to the facilitation of asylum procedures. In this regard, the Observatory has encouraged EU Member States to develop and implement temporary admission programmes for human rights defenders at risk at both national and European levels. In this last regard, a directive regulating the temporary admission of defenders at the European level could be proposed by the Commission.

Finally, an important tool for us in carrying out these lobbying activities has been our annual report on human rights defenders, which not only compiles the cases that the Observatory has dealt with throughout the year, but which also provides a region by region and country by country analyses of the difficulties faced by human rights defenders, based on the information that we have received during that year. This book is primarily based on information received at the grass roots level, directly from human rights defenders and NGOs who feel they need international support. Although we have contacts in over half the countries in the world, there are countries on which we have little information regarding human rights defenders and therefore have not included in annual report, such is the case of Kenya and Uganda for example. I would like to take advantage of this opportunity to invite the human rights defenders in this room to contact us in the case that it might one day be necessary, which I hope will never come to be, or simply to share your views on the analyses included in this report. Email address : cfrancois@fidh.org

To conclude, I would just like to say how privileged I feel to be here among so many human rights defenders who engage in this most important activity, which is too often the cause for backlash from regimes which do not want their hold on power to be questioned or wavered in any way. You are part of an unfortunately too small percentage of the world population that is willing to dedicate time, energy and often individual rights and freedoms to the cause of defending the rights of fellow citizens. We as international NGOs, as well as the rest of the international community can not accept that those individuals who make that commitment be repressed as a consequence. We therefore need to strengthen our cooperation in order to ensure greatest possible international support, assistance and protection to Human Rights Defenders.

I thank you very much for your attention.