Implementation of the EU Guidelines on Human Rights Defenders

– It is way too early to establish what difference the EU guidelines on human rights defenders are going to make. But it is not going to be yet another piece of paper in a filing cabinet, said the Netherlands Ambassador Erik Ader at the HRH Anniversary Conference 14 October. He said the EU will make handbooks to Embassies on how to support human rights defenders.  

Read the speech below

More about the HRH Anniversary Conference 13-14 October

Implementation of the EU Guidelines on Human Rights Defenders

Lecturer: Mr Erik Ader, Ambassador, The Royal Netherlands Embassy to Norway

Speech held at the Human Rights House Network Anniversary Conference Activists under Attack. Defending the Right to be a Human Rights Defender, 14 October 2004, Oslo

Madam Nobel-Prize Laureate Ebadi,
Distinguished Chair, Ladies and Gentlemen,

I am honoured and humbled to be invited to make a contribution to this Conference.

Honoured because I do consider HR issues touch the core of our existence;
Humbled to find myself in the company of people for whom these are not only words, but who are in the firing line for their convictions and principles. In the face of so much evil, you represent hope and dignity.

Mr. Chairman,

I was invited to talk about the implementation of the EU-guidelines on HR Defenders. Quite frankly, it is a bit early to talk about the implementation of these guidelines in terms of results, I can only talk about implementation of the guidelines in terms of intentions and expectations.

To do so, I’ll tell you something about the guidelines first:
their context, history, goals and content.

 I will round off with intentions and expectations.

Context.

Mr. Chairman,

But maybe it is because the Netherlands is actually holding the EU-Presidency indeed.

As a guiding principle for its term in office, the Netherlands’ EU Presidency is concentrating on making the Union effective. That holds for all policy areas. Also for Human Rights. Concrete implementation of existing guidelines is a priority for the Presidency, in particular on “Children and Armed Conflict” and on “Human Rights Defenders”.

Previous Chairs have identified these issues as priorities, it is now important to identify areas of action at stakeholder level so as to give maximum meaning and punch to these guidelines. (I will return to that later.)

[As a nation we do think we take our Human Rights obligations seriously.
We have an HR Ambassador to support the government in HR issues worldwide, respect for HR is an integral part of our substantial Development Cooperation programmes.]

Norway is a country in particular amongst the non-EU partners, with which we find a high degree of like-mindedness, translated into synergy in the decision making process
[and day to day actions worldwide on HR issues.]

The EU is constantly looking for ways and means to become more effective in the defence of HR. As an example we, the EU Embassies in Oslo, are now busy answering the questions in the EU fact sheet on HR in Norway, an exercise that needs to be done in all countries worldwide. Also in Norway.
If it makes sense for Norway is open to debate, but it certainly shows zealousness!

This fact sheet is an important tool though for fact finding, for the raising of awareness levels where needed, and for focussing on action to be taken. Part of that questionnaire relates to the situation of HR Defenders.

Let me now turn to these EU guidelines…

History

In June 2004 the Council of the EU adopted the “EU Guidelines on Human Rights Defenders.”
I suppose many of you are familiar with the details, but allow me nevertheless to outline them briefly for you. (I did bring copies for distribution also.)

Goal
The goal of these guidelines is to enhance ongoing efforts by the European Union to promote and encourage respect for the right to defend Human Rights wherever needed in the world.

The Union recognises that individuals and groups of individuals/NGO’s are crucial in many instances and situations to upholding HR. And recognises that they need, and are entitled to, our effective support.

Operational

What can be done? What does the operational part of the guidelines suggest?

First of all, as said: systematic reporting on the situation of HR defenders – as part of the annual overall EU HR reporting – will focus attention on countries, areas and situations where action is needed. This reporting will be done by the EU missions abroad.
More in general:
the EU missions are the primary interface between the Union and the HR defenders on the ground. EU missions are instructed to seek a proactive policy towards HR defenders, in a manner that strengthens their position. Specific actions are creating an adequate network to get necessary and timely information, and, where appropriate, providing visible recognition for HR defenders and attending and observing their trials if and when they occur.

Second: EU representatives on country visits should raise the cases of HR defenders with the authorities where necessary and/or include meetings with HR defenders.

Third: the situation of HR defenders in general and/or of individual cases should be part of the HR component of the political dialogue between the EU and third countries, whenever necessary.

Fourth:  stimulating other actors on the international stage to do the same, as well on behalf of HR defenders, is an integral part of the strategy, including supporting regional initiatives and mechanisms.

Fifth: put the full weight of the Union behind the work of the UN in this respect by
– encouraging states to accept as a matter of principle, requests for country visits by UN Special Procedures;
– promoting, via EU Missions, the use of UN thematic mechanisms by local HD communities and HD defenders including, but not limited to facilitating the establishment of contacts with, and exchange information between, thematic mechanisms and HR defenders;  

– securing adequate funding for the UN Office of the HCHR.

Sixth:  incorporating HR issues into our Development Cooperation programmes in general, and in today’s context: address the specific needs of the HR defenders via these cooperation programmes to the extent needed and possible.

Implementation
Well spoken, but what about implementation?

As said: it is way too early to establish what difference these guidelines are going to make. Ask that question again in five years time. But it is not going to be yet another piece of paper in a filing cabinet, I am sure. The Presidency took the initiative to host a large forum with the principal stakeholders – HR defenders, NGOs and Embassies – on the subject in December.  This underlines that we mean business, that it is high on our agenda. The objective of the Conference is clear:
define the way forward for the implementation of the EU guidelines on HR defenders, by identifying concrete steps and instruments for stakeholders involved (missions, Cohom, NGOs) as well as ways for monitoring, on the basis of indicators, whether the implementation of the guidelines are successful.
 
The expected output is equally clear:
– a handbook for missions on promoting and protecting the work of Human Rights defenders. Keywords: realistic, simple implementable, creating commitment;
– an action-plan for Member States: short-term, mid-term, long-term priorities. 

Many of the building blocks for effective implementation are already in place, particularly the systematic attention for the situation of the HR defenders as the basis for action. I think it is fair comment, for example, to note that in the past not all diplomats of all EU countries were having HR issues high on their agenda’s.  As said before: EU missions are the primary interface between the Union and the HR defenders on the ground and focussing the Embassies on the issue should help the cause of the HR defenders and thereby the HR situation full stop.  These things take time, but in the course of my career I have seen changes for the better and these guidelines are certainly going to be part of the process.

Bottlenecks, room for improvement

Finally, Mr Chairman, it would of course be very interesting for me to hear from the HR-defenders assembled here themselves as to what are your main concerns and how implementation of the EU guidelines could alleviate the problems you are facing in your work.

And for the Conference at large: I think it would be most useful/helpful to make the results of this Conference available to the EU Conference in December.