Forum Menschenrechte

Sekretariat: Petra Hanf
Haus der Demokratie und Menschenrechte
Greifswalder Str. 4
10405 Berlin
Tel. 030-4202 1771
e-mail: forum.menschenrechte@debitel.net
http://www.forum-menschenrechte.de

Working for Human Rights
Federal Government Programme for effective Protection of Human Rights Defenders under Threat

Introduction

On 9 December 1998 the "Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms") was approved by the General Assembly of the United Nations. A number of governments thereby declared their willingness to work for the protection of human rights defenders (HRDs) worldwide, locally and also in their own countries. Pursuant to this Declaration the Office of the United Nations Special Representative for HRDs has been created and filled by an outstanding individual in Ms Hina Jilani, from Pakistan. Various supranational bodies and international non-governmental organisations (NGOs) have established systems for the protection and support of HRDs.

In Germany the broad political consensus in favour of human rights defenders needs to be translated into concrete political measures. As the human rights coalition Forum Menschenrechte [Human Rights Forum] emphasised in its January 1997 submission to the Federal Government, it is accepted that HRDs should be guaranteed political, diplomatic and financial support in order to enable them to continue their work unhindered.

"Persecuted HRDs worldwide are welcome in Germany", Federal Foreign Minister Joschka Fischer told the Plenum of Forum Menschenrechte (FMR) in March 1999. That statement and the Federal Government's 6th Human Rights Report of 6 June 2002, which specifically declared that HRDs should receive special protection, have encouraged Forum Menschenrechte to approach the Federal Government with proposals for a general programme and specific measures serving as a positive contribution towards the introduction and implementation of concrete measures in Germany.

Arrangements must be set in place to provide HRDs under threat with temporary asylum elsewhere, in countries including the Federal Republic of Germany, in circumstances that will allow them to continue pursuing their human rights work.

1. Human rights defenders

1.1

HRDs are individuals who seek in a non-violent manner to secure respect for and the promotion of human rights worldwide. The spectrum of international human rights is a broad one and the nature of their work is equally varied.

1.2

Human rights defenders investigate and denounce violations of human rights. They support and protect the victims of human rights violations and refugees, they fight against the impunity of the perpetrators of human rights violations, they conduct human rights education programmes and mobilise others in campaigns aimed at ending human rights violations. They campaign on behalf of ethnic and religious groups threatened by genocide and policies of assimilation. They work to secure minority rights and support indigenous peoples in their efforts to gain recognition of their rights. They belong to associations of the unemployed and homeless and work on behalf of the victims of political discrimination. They are members of organisations that campaign for the equal rights of men and women, the rights of the child, and the rights of disabled persons, immigrants, migrants and other vulnerable groups.

1.3

International human rights work is based largely on cooperation with local HRDs worldwide, since the work of international human rights organisations and the human rights work undertaken by individual nation states and multilateral bodies such as the United Nations is based in the last resort on the investigations undertaken by committed individuals, local human rights groups and for example rural communities in the countries concerned.

1.4

In their work HRDs challenge existing social and power structures and so are often declared enemies by governments and ruling elites. In many countries they are threatened by the military, the police and other agencies of the state, subjected to arbitrary detention, physically mistreated and even killed. Official security forces tolerate and even assist paramilitaries, death squads and organised criminals in the perpetration of such crimes. Attempts to prosecute those responsible are obstructed. HRDs are increasingly the targets of vilification campaigns that equate them with armed opposition movements and terrorists.

2. Aims and objectives

2.1 Primary aim

The primary aim of support for HRDs is to support them in their human rights work locally and if danger threatens to provide them with appropriate means of protection. Local assistance involves a variety of measures which could be taken by Germany's official representatives abroad, government ministers, members of the Federal Parliament (the Bundestag) and also non-governmental organisations, such as letters of support, local visits, human rights awards, sponsorships, etc.

2.2 Educational/training objectives

HRDs must be equipped with the means of taking action locally to protect themselves and others and the organisations and groups to which they belong. To that end the Federal Government should provide increased advice and training through its embassies and NGOs. This could take the form of, for example, workshops, seminars and provision of independent advice.

2.3 Urgent objective: reception programme in Germany

When HRDs are obliged to abandon their work and their local environment because danger threatens, they must be guaranteed the possibility of finding refuge elsewhere. They must also be guaranteed the possibility of continuing with their work.

Forum Menschenrechte has already submitted concrete proposals for the reception of HRDs in Germany to the Federal Government.

3. Action taken locally

3.1 Formal interventions

Alone or in conjunction with other EU States the Federal Government will submit formal complaints to the government of the country concerned and relevant authorities through its diplomatic representatives, conveying, either orally or in writing, its concern for the safety of HRDs.

3.2 Informal interventions

Alone or in conjunction with other EU Member States, the Federal Government will intervene through its local diplomatic representatives, by means including:
* presence of observers at legal proceedings brought against HRDs;
* investigative visits when HRDs are held in detention;
* routine prison visits to HRDs who have been sentenced to terms of imprisonment;
*monitoring the actual release of HRDs at the end of the prescribed period of imprisonment.

3.3 Invitations

The Federal Government will invite threatened HRDs to attend public functions at the embassy and other local German establishments (eg Goethe Institut).

3.4 Contact

Alone or in conjunction with other EU Members and/or other States, the Federal Government will maintain regular contacts with HRDs and the organisations to which they belong. This will involve in particular regular visits by embassy staff to remote areas (for example visits to peasants' organisations).

3.5 Human rights officer

The Federal Government will establish the post of human rights officer in all its Embassies and inform human rights organisations accordingly.

3.6. Urgent action locally

As it already does in individual cases, the Federal Government will instruct its diplomatic representatives to grant HRDs in imminent danger access to embassy premises pursuant to the relevant provisions of international law.

The Federal Government will help endangered HRDs leave a country if they are threatened by humans rights violations.

The Federal Government will set up an emergency fund for threatened HRDs at its embassies so that assistance can be provided in a prompt and unbureaucratic manner.

4. Action taken at international level

4.1 Support for the U.N. Special Representative

The Federal Government will provide financial and political support to the Special Representative for HRDs, who is directly answerable to the Secretary General of the United Nations, with a view in particular to facilitating invitations from governments to make local visits.

4.2 Council of Europe and O.S.C.E. mechanisms

The Federal Government will make active use of mechanisms available within the Council of Europe and the O.S.C.E. for the protection of HRDs.

4.3 Protection against deportation

The Federal Government will also intervene in cases where actively engaged HRDs under threat who have succeeded in fleeing to a foreign country may now be forced to leave because of risk to life or limb or the threatened loss of their freedom. This will apply with particular force where they have sought refuge in the Federal Republic or another EU Member State.

5. Action taken in Germany

5.1 Sponsorship

Members of the German Federal Parliament will act as sponsors for the protection of individuals, organisations, peace communities and other target groups. This means that they commit themselves, when such people are in danger, to take action by for example engaging with the competent local and/or national government authorities, personal visits, regular communications or public awareness-raising activities in Germany.

5.2 Material support

The Federal Government will support human rights groups and organisations financially directly through the Federal Ministry for Development Cooperation and the Ministry of Foreign Affairs or indirectly through third parties.

5.3 Civilian escorts

Alone or in conjunction with other EU Members, the Federal Government will provide political and material support for initiatives aimed at providing unarmed civilian protective escorts for HRDs under threat.

5.4 Local visits

Politicians will support the work of HRDs directly by making local visits.

5.5 Suppport for community activities

The Federal Government will support group activities (e.g. the Cities of Asylum Network) aimed at HRDs.

5.6 Official invitations

The Federal Government will issue invitations to HRDs and pay public tribute to their commitment.