Advocacy at the United Nations (UN) Peace Brigades International (PBI)

Transcription

1 Advocacy at the United Nations (UN) Peace Brigades International (PBI) Simone Droz, Geneva, May 2012 Table of Contents: 1 Introduction and Context 3 2 Methodology 4 3 PBI s current advocacy activities PBI projects Country groups 6 4 The UN Human Rights mechanism and bodies Treaty Bodies 8 Recommendations: How to work with treaty bodies 9 NGO Experiences with treaty bodies The Human Rights Council (HRC) Universal Periodic Review (UPR) 10 Recommendations: How to work with the UPR 11 Example: NGO coalition s efforts UN Special Procedures 12 Recommendations: How to work with Special Procedures 13 NGO experiences with Special Procedures Recommendation: How to build a coherent approach towards the 14 UN HR mechanisms and bodies 4.4 The benefits of a direct presence 15 5 Positioning PBI PBI as a bridge between grassroots and the international community Speaking with one voice - PBI as a network PBI s position and adding value within the HR world 17 6 Risks of reprisals due to increase international visibility 18 7 ECOSOC status yes or no? 18 8 How to measure and evaluate impact of PBI s work 19 Apprendices: Apprendix 1: Survey 20 Apprendix 2: UN HR Treaties have ratified by the PBI project countries 21 1

2 Acronyms ECOSOC HR HRC HRD OHCHR PBI UN UPR Economic and Social Council of the United Nations Human rights Human Rights Council of the United National Human rights defender Office of the United Nations High Commissioner for Human Rights Peace Brigades International United Nations Universal Periodic Review Executive Summary Effective access to the UN HR bodies and their mechanisms would generate opportunities for PBI to raise HRD s concerns in a multilateral context resulting in greater diplomatic support for the work of PBI and HRDs. The UN HR mechanism depends on active participation and information from HRDs. HRD s information regarding their HR activities provides the international community with an alternative analysis and understanding of the situation in a country or a particular theme. PBI s unique access to information gives the organization a strong credibility and makes it an interesting interlocutor among the international community. Most of PBI s advocacy work is carried out at a national level. All PBI projects, as well as some country groups, have already worked at least to some extent with the UN HR system. A strengthened PBI presence at international level would open opportunities for new deterrence strategies and operate as a bridge between the grassroots HR movement and the UN context playing a role of the voice from the field. In order to achieve large-scale results for HRD protection, and increase PBI s visibility globally, a coordinated and concerted approach to advocacy is critical. 2

3 1 Introduction and Context PBI is an international NGO that has been promoting nonviolence and protecting HR since The organization s work is based on the principles of non-partisanship and noninterference in the internal affairs of the organizations it accompanies 1. PBI provides a vital protection to threatened HRDs by accompanying them in their home countries and by setting up networks of support through its diplomatic and international connections. Protective accompaniment, consisting of physical and political accompaniment, is a strategy pioneered by PBI for protecting HRDs and communities whose lives and work are threatened by political violence. PBI has four field projects (Colombia, Mexico, Guatemala and Nepal) and currently two exploratory missions, one in Honduras, and one in Kenya. The Colombia project has project representatives in Washington, Brussels and Madrid, the Guatemala project has a project representative in Brussels and the Mexico project has one in the Basque country. Nepal does not have any project representative outside of the country. Additionally, there are fourteen PBI country groups (Australia, Belgium, Canada, France, Germany, Italy, Netherlands, Norway, Spain, Sweden, Switzerland, United Kingdom, and the United States of America) which give support to PBI field projects. The political work which PBI carries out at regional, national and international levels is a key element of PBI s integral accompaniment model. Most of PBI s advocacy work is carried out at a national level, either in the projects country directly or through country groups. Additionally, project representatives based in Brussels work on project specific advocacy at a European Union level. So far, all PBI projects, as well as some country groups, have worked at least to some extent with the UN HR system. However, currently there is no common PBI strategy towards the UN HR system. Most advocacy activities are project specific and the different PBI entities often do not know what kind of advocacy activities the other projects are carrying out. The lack of follow up on UN engagement has mainly been explained by a combination of the geographical distance from Geneva and a lack of sufficient resources. International advocacy has the potential to achieve large-scale results for HRD protection and the awareness rising on HRD s situation. The UN context, due to its multilateral character, is an opportunity for NGOs to raise concerns on an international platform, therefore attracting greater diplomatic support for HRD issues. PBI s Global Strategic Plan for sets as an objective, amongst others, to undertake the development and expansion of its global approach to advocacy. It aims to achieve this through strengthening and developing PBI s advocacy capacity in key international locations, increasing political advocacy, and improving the coherence of PBI advocacy. 1 Groups PBI accompanies include indigenous communities, environmental organisations, lawyers, women s organisations, trades unions, and relatives of the disappeared. 3

4 This report aims to give a general overview of what PBI is doing, and can do in the future in terms of UN advocacy. I also hope to contribute to a better understanding of the relevant parts of the UN HR system. To do so, I have highlighted the functioning of the UN HR s relevant mechanisms and bodies, and providing commentary on how PBI could increase its involvement with them. 2 Methodology Survey for PBI internal entities In order to give a better understanding what activities, experiences and opinions the different PBI entities have towards UN advocacy, I sent a survey 2 to all PBI entities. I have received replies from 7 out of 13 country groups (Belgium, Canada, Germany, Netherlands, Switzerland, the UK and the US), three project representatives (the Colombia representative in Madrid, the Guatemala representative in Brussels and the Mexico representative in the Basque country) and the Nepal project. Unfortunately, I haven t received any responses from accompanied organizations. Document Review OHCHR, NGOs and various different think tanks provide a huge amount of information (e.g. handbooks, analytical and critical policy analysis, etc.) about the functioning of the UN HR system. I have conducted an extensive desk review and picked the mechanisms and bodies with the most potential for PBI to work with effectively. The biggest challenge I encountered was to find NGO experiences working within the UN HR mechanism and any data evaluating these activities 3. Additionally, I have also studied internal documentation of PBI (including a general website review, evaluation reports, minutes from the international advocacy working group, annual reports and publications) to consolidate my knowledge about the specific projects and the advocacy focus of each. HRC and treaty body monitoring I have closely followed the HRC s news and analyzed reports on the key developments at the HRC and its mechanisms and bodies on OHCHR s webpage and the International Service for HRC s monitor 4. Interviews I had several face to face meetings with Geneva based HR NGOs to understand further the dynamics in the HR community and to hear about their experiences with the UN. I have met with the following HR organisations in Geneva: World Organisation Against Torture, International Network of HR, International Service for Human Rights, Quakers UN office and the Friedrich-Ebert-Stiftung. 2 For more details on the survey see Annex 1 3 Advocacy is often considered too hard to measure which may explain the lack of relevant literature. 4 For more information on the Council monitor: 4

5 In regards to interviews of PBI colleagues, I have had telephone interviews with the following entities: International Advocacy Coordinator in London, European Representative of PBI Colombia Project in Madrid, ex-european Representative of PBI Colombia Project in Brussels and the Advocacy Officer of PBI UK. The objective was to receive more detailed information about their activities, and to learn of their opinions and lessons learnt in the field of UN advocacy. 3 PBI s current advocacy activities The following paragraphs are based on the responses to the survey, the follow-up calls to the survey and a review of PBI websites. The information is certainly not exhaustive, but it should give a general overview of what kind of advocacy activities the different PBI entities have undertaken in the last few years. 3.1 PBI projects PBI Colombia: The PBI Colombia representative in Brussels is visiting Geneva on average twice a year and is in contact with the mandate holders on HRD, on the HR of internally displaced persons, on the independence of judges and lawyers, and on extrajudicial, summary or arbitrary executions. Cases of concern are submitted to the mandate holders individually or through a central address 5, which ensures that the information is received by all the relevant mandate holders. The Colombia project has also been successful in helping to prepare the visit to Colombia of the mandate holder on HRD through coordinating with the OHCHR office in Colombia and Geneva. No reports have been submitted by PBI to any treaty bodies so far due to a lack of capacity. However, PBI Colombia is following up on the recommendations outlined in the HR Committee s report from the Colombia revisions in July PBI Guatemala: The PBI Guatemala representative in Brussels is holding on average 1-2 meetings a year in Geneva with the mandate holders on HRD, on the rights of indigenous peoples and the OHCHR Guatemala desk. They also provide the mandate holders with regular relevant PBI information. The mandate holders have also been put in touch with accompanied HRDs during speaking tours in Europe. PBI has been contacted by the office of the mandate holder on HRD to provide information on specific issues 6 and following this, PBI s input has been reflected in the mandate holder s reports. However, due to the geographical distance of the Brussels representative, no close follow up was given to the mentioned activities. Another main challenge identified is the high turnover of contact persons. For the UPR of Guatemala, PBI provided OHCHR with relevant information which was included in the NGO report. A follow up document will be produced for the UPR revision which will take place in September Urgent-action@ohchr.org 6 During the activation of the Guatemala Project s Support Network concerning the judicial process against its director Jorge López, director of OASIS, the mandate holder mentioned her intention to communicate with the Guatemalan government. 5

6 On a national level, the Guatemala project is working closely with the OHCHR Guatemala office. The relationship is considered excellent and such as field visits to accompanied organisations have been conducted through OHCHR upon PBI s request. PBI Nepal has put forward recommendations for the UPR. Previous to this, a special edition entitled Protect and Respect HRDs - Recommendations for Nepal s Universal Periodic Review at the HRC 7 was issued. In this edition PBI made also an appeal to the Nepal government to invite Margaret Sekaggya, Special Rapporteur on HRD, to Nepal. PBI Nepal has not worked with the treaty body so far, but they mentioned that organizations they work with have submitted their own reports to the Committee on the Elimination of Discrimination against Women and the Committee against Torture. PBI Mexico is in touch with the mandate holders on HRD, on the rights of indigenous peoples, on the independence of judges and lawyers, on liberty of expression, on extrajudicial, summary or arbitrary executions, some members of the Working Group on Enforced or involuntary disappearances and the OHCHR country desk. The project has been involved in facilitating meetings with accompanied organisations and visits to the regions of mandate holders. The project signed, as an observer, a report sent by various national and international NGOs for the UPR of Mexico. PBI Mexico was also intensively involved in the UPR process through lobbying Members of the HRC prior to the revision, and in undertaking this, the following foreign offices were met: Norway, UK, Spain, Germany, Holland, France, Switzerland and Portugal, and the following Geneva based permanent missions: Spain, UK, Germany, Argentina, Brazil and Peru. As a result, six States presented recommendations on HRDs. A parallel event was organized in collaboration with other NGOs during the UPR. However, the project found the impact of this event limited. After the UPR was completed, a bulletin 8 on Mexico s UPR was released describing the mechanism and the recommendations made by such States. PBI Mexico is the only project having worked with treaty bodies. A shadow report was submitted to the HR committee in 2010 which was followed up by meeting with committee members. PBI Mexico highlighted that their concerns were taken into consideration by the committee. 3.2 Country groups PBI Belgium, Canada and Germany responded that they have not been directly involved in UN advocacy. These three country groups are all in contact with their respective governments. PBI Canada mentioned that Canada s department of foreign affairs has shown itself receptive to PBI s preoccupations. Canada noted however, that due the current political orientation of the government, the impact of the staff at foreign affairs is somehow limited _-_English.pdf 8 Bulletin 27 UPR Mexico was evaluated, September

7 PBI Holland responded that it enjoys a good relationship with the Dutch government who makes itself available to meet during urgent actions or speaking tours of HRDs. PBI Germany met with the relevant representatives within the German foreign office to raise concerns and questions for the UPR revision of Colombia, Mexico and Nepal. Some of the proposed questions have been raised during the session by the German delegation. The Forum for HR, 9 a national NGO network, provides PBI Germany with regular HRC updates and information on the UN system. The same organisation sends a representative to Geneva during HRC sessions. Due to lack of time, human resources and capacity, PBI Germany noted that they cannot follow up on everything. For this reason they prefer to concentrate on other stakeholders than the UN. PBI UK has been involved in a series of events. The mandate holder on the situation of HRD was hosted as a keynote speaker at a conference on protection of HRDs in April 2009, which was held jointly with the British foreign office. Furthermore, the mandate holder on the rights of indigenous people was hosted as keynote speaker for the conference "A Dangerous Business: The human cost of advocating against environmental degradation and land rights violations," 10 organized by PBI UK in London in October This event gave James Anays, the mandate holder on the rights of indigenous people, the opportunity to hold informal meetings with UK government representatives, members of Parliament, and civil society organizations. It was also an opportunity for him to collect information and views on official policies and legislation concerning the impact of UK-based transnational companies on indigenous peoples around the world. Sideline activities were organized in parliament together with the parliamentary group on corporate social responsibility. Generally, PBI UK has a good relationship with the UK foreign office which holds regular consultation meetings ahead of the HRC s sessions. In November 2010 PBI UK has created the Alliance for Lawyers at Risk 11 which has been helpful in assisting in the preparation of submissions to the mandate holders on HRD, and on independence of judges. PBI Switzerland has organized and accompanied HRDs to the OHCHR Colombia and Central America desk and the following mandate holders offices: on the rights of indigenous peoples, on the independence of judges and lawyers, on the situation of HR, on the HR of internally displaced persons, on torture and other cruel, inhuman or degrading treatment or punishment, on violence against women, its causes and consequences, the Working Group (WG) on arbitrary detention, the WG on enforced or involuntary disappearances, the WG on the issue of HR and transnational corporations and other business enterprises and the Independent Expert on minority issues. The mayor challenge PBI Switzerland identified is the lack of time. The person in charge of advocacy has just 15% of their time available for advocacy activities

8 4 The UN HR mechanism and bodies 4.1 Treaty Bodies The HR treaty bodies, 12 which are created under international HR treaties, are committees of independent experts mandated to monitor the implementation of the UN HR treaties. They do this by reviewing reports submitted periodically by States on steps taken to implement treaty provisions. It is only possible to work with the treaty body when the State in question has ratified or acceded to the relevant treaty 13. The States in which the four PBI projects operate have ratified or acceded to the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which are relevant for PBI s areas of work. Unfortunately, the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED) has been ratified by Mexico only. Colombia and Guatemala have both only signed the Convention which does not permit working with the ICCPED. it has to The Convention against Torture and the International Covenant on Civil and Political Rights are also dealing with aspects of enforced disappearance and could be used for certain cases. On the technical side, it is important to be familiar with the specific reporting guidelines and some technical expertise is required, as a systemic analysis of the laws and practices in a State in relation to the principles and standards in the treaty are required. Also, any recommendations made should be as concrete as possible. There have been initiatives from different committees to facilitate civil society s participation. The ICESCR adopted at its eighth session a document entitled NGO participation in activities of the ICESCR (E/C.12/1993/WP.14) 14. The document explains in a concise manner the modalities of NGO participation in the committee s work and facilitates their cooperation with the Committee. In the same vein, the Committee on the Rights of the Child (ICRC) elaborated guidelines for the participation of partners (NGOs and individual experts) Annex VIII CRC/C/90 15, which are shorter and less detailed though. There are specialized NGOs facilitating civil society s involvement, and it could be useful for PBI to collaborate with them. The Centre for Civil and Political Rights has an awareness raising and capacity building role to NGO participation and they have also produced guidelines extremely to facilitate the work of NGOs in relation to the HR Committee For information on treaty bodies see: 13 Annex 2 shows which treaties Colombia, Guatemala, Mexico and Nepal have ratified or accessed. 14 The document can be found here: 15 The document can be found here: 16 The guidelines can be found here: 8

9 Recommendations: How to work with Treaty Bodies A) Submit alternative reports An effective way to work with treaty bodies is to submit alternative or "shadow" reports. 17 Typically, shadow reports elaborate on information contained in State reports and provide an alternative analysis of State compliance with the treaty obligations. The submitted information provides committees with a better understanding of the situation in the country and helps them to formulate targeted recommendations. Committee members do not travel to the countries, and therefore civil society s alternative analysis is of great importance. So far, PBI has fairly worked with treaty. However, some accompanied organisations have done so though through submitting shadow reports. It would be interesting to map the accompanied organisation s engagement with the treaty body to understand their thematic focus and approach to further analyse how PBI could back up their efforts. B) Interaction with the committee members Before considering the State s report, the committee prepares a list of issues requesting more information from the State. Pre-sessional working groups often focus on the elaboration of the list of issues, and they form a great opportunity for NGOs to provide suggestions for specific questions which may be included by a committee in the list. PBI could be helpful backing up information submitted by PBI or accompanied organisations through briefing committee members 18 either informally or during pre-sessional working groups. Possibilities to formally contribute and participate in committee sessions and presessional working group vary from committee to committee. C) Following up on concluding observations After considering the reports from the State parties and any other information they have received, treaty bodies adopt what are generally known as concluding observations. At this stage, PBI can undertake follow up activities at all levels monitoring the State party effort to implement the concluding observations. 19 NGO experiences with treaty bodies The contribution of NGOs to pre-sessional working groups and informal briefings, combined with regular contact with committee members, has proven to be effective. Interviewed NGOs have confirmed that their concerns raised have been reflected in the concluding observations and recommendations. 17 In addition to the State party s report, the treaty bodies welcomes also information on the implementation of the treaty provisions from UN agencies, NGOs (local, national and international), think thanks, academia and the media. 18 NGOs can attend as observers, but they cannot participate in the dialogue between the State party and the committee. For more information please consult Working with the United Nations HR Programme, a Handbook for Civil Society, OHCHR, 2008, page The following databases contain concluding observations, State party reports and other relevant documents searchable per country and convention: 9

10 Furthermore, concerns raised by NGOs come through in committee s dialogues with the States under review. Some of the NGOs explained that almost all of their questions have been asked by the committee to the State during the consideration of the State report. An important element for this success was their expertise and credibility as an NGO in the particular field and a good relationship with committee members. It has also been observed that when many NGOs submitted reports, the committee engaged more intensely with the delegation, as they have more civil society information available which permits them to have a bigger picture of the country situation. 4.2 The Human Rights Council (HRC) The HRC 20 is the principal UN intergovernmental body responsible for HR. Its focus is to help Member States meet their HR obligations through dialogue, capacity building, and technical assistance. Member States of the Council discuss, take action, and pass resolutions related to various items of a standing agenda. 21 The discussions in the forum are not dependent on whether or not a State has accepted a treaty. The HRC is a political body which NGOs can use to their advantage given that states care about their image. ECOSOC consultative status is required to get a State accredited to participate in the HRC s sessions as observers. This permits them to: - Attend and observe all proceedings of the HRC with the exception of the HRC deliberations under the Complaints Procedure; - Submit written statements to the HRC ahead of a given session; - Make oral interventions during all substantive items of the HRC s agenda; - Participate in debates, interactive dialogues, panel discussions and informal meetings; - Organize parallel events on issues relevant to the work of the HRC which usually consist of panel or open discussions which allows sharing experiences and engagement in dialogue with other stakeholders (NGOs, States, etc.) Universal Periodic Review (UPR) The UPR is a new HR mechanism which reviews on a periodic basis the overall HR situation 22 of the 193 UN Member States. The review is an intergovernmental process which 20 The HRC is created under the Charter of the United Nations ( Charter-based body) and a subsidiary organ of the General Assembly. 21 The 47 Member States and meets for at least ten weeks a year spread over no fewer than three sessions. Agenda: 22 Covering all HR (UN Charter, Universal Declaration of HR, HR instruments to which the State is party, its voluntary pledges and commitments, including - where relevant - those undertaken when presenting its candidature for election to the Council and applicable international humanitarian law), rather than being limited to those in one treaty. 10

11 is undertaken by all UN Member States. 23 The UPR is an inherently political process, which NGO can use to their benefit, as there is a certain peer group pressure. 24 The UPR process itself allows only with limited space for NGO participation, the work before and after the review have an important impact on the discussion and the questions raised during the review itself. The production of reports 25 is a key element, but it is not an end in itself. To see an impact, strategic advocacy should back these efforts. Recommendations: How to work with the UPR A) Systematically approaching and lobbying States NGOs cannot make any oral statements during the working group s interactive dialogue between the State under review and the member and observer States. However, they can get other Member States to raise any matters during the review, either as questions or recommendations. States can also raise questions in writing to the State under review in advance. 26 The troika 27 transmits the written questions to the State under review and helps the OHCHR draft the report of the Working Group. PBI should identify the States 28 who traditionally advance questions (in writing and orally) and recommendations that concern HRDs. On this basis, a strategy towards the UPR could be constructed. This strategy should consist in a PBI wide effort in systematically approaching embassies at a country project level, foreign offices at a country group level, and UN permanent missions at a Geneva level to encourage them to make specific recommendations and ask questions. B) Actively follow on lobbying efforts There should be an active follow-up on lobbying efforts with State delegations to remind them of the questions and recommendations suggested, and provide them with UPR specific publications as well as questions and recommendations that other States have raised. The participation in UPR specific events is also helpful to increase PBI s visibility and promote PBI s concerns. Pre-session meetings 29 to discuss the HR situation of States two 23 For more information on the UPR see: 24 The peer group pressure may have contributed to the high State participation. Almost all States have also prepared a written report which contrasts with the experience of the treaty body where some States overdue to report for several years. 25 The review is based on three documents: a national report prepared by the State under review, a compilation of UN information prepared by OHCHR and a summary of information submitted by other stakeholders, including NGOs, also prepared by OHCHR. NGOs with and without ECOSOC consultative status can submit written information and recommendations. 26 During the 12 th session, 594 questions were submitted to States under review prior to the interactive dialogue. However, similar to what has been observed in the past, they continue to be submitted by a small group of only 12 States (Canada and 11 European States). HR Monitor Quarterly, International Service for HR, issue This is a group of three States selected by the drawing of lots from amongst the HRC s Member States. 28 Norway, Ireland, Canada and the Netherlands are the top countries to raise HRD issues

12 months prior to their review by the Working Group are organized by the NGO UPR-Info in Geneva. This type of event is a great opportunity to meet permanent missions in one single event and brief them on HRD concerns. Accepted recommendations by a State are a commitment to implement them by the next review. An effective follow-up on recommendations is therefore essential. For example, NGOs can also lobby States to present a mid-term assessment which shows whether there is commitment to implement the recommendations and to make the second cycle as effective as possible. Example: NGO coalition s efforts Generally, the UPR has expanded the participation of local NGOs significantly. PBI projects have also successfully contributed to NGO reports and lobbied States to raise HRD issues. These efforts were carried out either by the projects themselves, or in collaboration with an NGO coalition. A great example a NGO coalition s effort is the Network of Civil HR Organizations All Rights for All ( Todos los Derechos para Todos y Todas ) 30 which has issued an assessment 31 of Mexico s compliance with the recommendations issued by the HRC two years after the UPR. The report refers to the recommendations of other international bodies of last two years that have been complementing the UPR recommendations. This very complete report is a great tool for awareness rising on the need to promote the full implementation of the recommendations Special Procedures The role of the Special Procedures is to examine, monitor, advise, and publicly report on a HR situation in a specific country (country mandate) or on a thematic issues (thematic mandate). Currently, there are 45 Special Procedures in operation (35 thematic and 10 country mandates) known as Special Rapporteurs, Representatives, Special Representatives, Independent Experts and Working Groups (all known as Special Procedures Mandate- Holders ). 32 Consultative status with the ECOSOC is not required to access the Special Procedures mechanisms and they can be activated even where the State has not ratified the relevant instrument or treaty. The negative aspect of the work of the Special Procedures is that they are not legally binding mechanisms. It is at each State s discretion to comply with the recommendations of the Special Procedures mandate-holder. Generally, complaints under the treaty body system are considered as stronger by States. 30 With contributions from various other NGOs, including a PBI accompanied organisation 31 riodic%20review.%20june% pdf 32 For more information on special procedures see: 12

13 PBI has worked with different Special Procedures mandate holders, most frequently with the Special Representative on the situation of HRD. The mandate was created in 2000 to support implementation of the 1998 Declaration on HRD 33. The collaboration with this mandate holder has been strong. As a result, many cases from PBI accompanied organisations have also been mentioned in the summary document of individual cases raised by the Special Rapporteur during The four PBI projects have sent detailed and substantive inputs to the Special Rapporteurs questionnaire regarding the main challenges and risks that women HRDs face, 35 and the questionnaire regarding the security and protection of HRDs 36. All the responses to the questionnaire were reproduced in their entirety as received and published online, which reflects a strong PBI wide contribution. Recommendations: How to work with Special Procedures Providing information and analysis and interact regularly with mandate holder NGOs can submit individual cases and analysis on particular HR concerns to Special Procedures. Special Procedures mandate holders act upon HR concerns either in individual cases or on more general issues through direct communications with the government concerned. This takes place in form of either urgent appeals 37 or letter of allegation 38. It is particularly important to back up information through interacting with special procedures on a regular basis and to give following-up on all contacts, actions and communications. PBI could increase and broaden its work with the Special Procedures. The approach to Special Procedures should be seen an interaction with a mandate as a whole, much rather than an interaction with a single mandate holder. This way, thematic issues can be addressed by explaining the underlying issues in a given situation, highlighting for example also economic, social and cultural rights. Furthermore, a coherent approach to Special Procedures can lead to them issuing a joint communication to a Member State, which brings increased pressure on the responsible authorities. The following mandates could all be linked to PBI s work 39 : - Working Group on Arbitrary Detention, Working Group on Enforced or Involuntary Disappearances - Special Rapporteur on extrajudicial, summary or arbitrary executions - Special Rapporteur on the rights to freedom of peaceful assembly and of association Urgent appeals are used to bring to the attention of a government information about a violation that is allegedly ongoing or about to occur ( 38 Letters of allegation are a means of communicating information and request clarification about violations that are said to have already occurred. 39 For the list of all current thematic and country mandates: 13

14 - Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression - Special Rapporteur on the independence of judges and lawyers - Special Rapporteur on the rights of indigenous peoples - Special Rapporteur on the HR of internally displaced persons - Special Rapporteur on the promotion of truth, justice, reparation & guarantees on nonrecurrence - Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment - Special Rapporteur on the HR obligations related to environmentally sound management and disposal of hazardous substances and waste - Special Rapporteur on trafficking in persons, especially women and children - Working Group on the issue of HR and transnational corporations and other business enterprises - Special Rapporteur on violence against women, its causes and consequences - Working Group on the issue of discrimination against women in law and in practice NGO experiences with Special Procedures NGOs commented that frequent updates on developments of cases of concern and close contact with the Special Procedures mandate holder has led to a very collaborative work relationship with visible impacts. They have explained that the mandate holder s HR officers are often overloaded with information and following up through a direct meeting helps to explain the issues in detail. Experience has also shown that HR officers are very ready to meet with NGOs and welcome an NGO s input. They have also asked NGOs to propose specific actions they consider important for the mandate holders to ask the government in their communications with them. Despite the independent status of the mandate-holders, differences in approaches have been observed depending on who is holding the mandate. Some NGOs are involved in proposing candidates for Special Procedures mandates. 4.3 Recommendation: How to build a coherent approach towards the UN HR mechanisms and bodies An in-line approach between treaty bodies and the work on UN Special Procedures contributes to coherent and coordinated messaging. It also allows the raising of awareness on issues concerning HRDs on a larger scale, and therefore impacting HRDs beyond the project levels. For this, it is also important to constantly monitor the different HR bodies and mechanisms in order to not miss any chance to address cross-cutting issues. Mainstreaming of the HRD related issues across different UN mandates and treaty bodies helps to explain and also highlight the inter-linkages amongst them. The information and recommendations submitted to treaty bodies can be used for other HR mechanisms like the UPR or in relation with UN Special Procedures. For example, while referring to Arts. 6, 7 and 9 of the Covenant on Civil and Political Rights, PBI could raise its 14

15 concerns about death threats to HRDs, and that the lawful exercise of their functions is thus being seriously hampered, to the Special Rapporteur on the situation on HRD. 4.4 The benefits of a direct presence OHCHR has made efforts to improve the involvement of NGOs. The newly established civil society unit s priority is to make OHCHR and the UN HR bodies and mechanisms more accessible to civil society participants. The OHCHR website information for civil society has improved as well. It is now possible to view public meetings of the HRC and some of its mechanisms live on its webcast. 40 However, direct contact with the UN system and all the stakeholders involved is invaluable. As it is often said, the decisions are taken in the plenary but in the corridors and cafeteria. Up to date information on what is happening at the HRC cannot all be found on the internet. In the same vein goes the importance of backing up submitted information through meet the relevant stakeholders and being a visible and actively engaged in events, panel discussion etc. Furthermore, speaking tours have a strong impact. Having HRDs talking directly about their situations to permanent missions, Special Procedures mandate holders, or being involved in panel discussions and conferences is of great symbolic nature. 5 Positioning PBI 5.1 PBI as a bridge between grassroots and the international community The Special Representative on the situation of HRD has stated that When defenders are silenced and prevented from undertaking their activities, the goals of protecting peace, security and HRs are seriously undermined. 41 HRD s protection is essential in working towards compliance with HR standards nationally and internationally. The UN HR mechanism depends on reports and field evidence from HRDs. On the other side, PBI depends on the international community s support to achieve its aims, including members of the diplomatic community, government officials, international NGOs and international organizations. Generally, one big barrier to NGO participation within the UN is the uneven access of NGOs from the North, versus those from the South 42. The lack of capacity and the high travel costs to Geneva have been a barrier for Southern NGOs to get involved in advocacy at the HRC and the treaty bodies. 40 Webcast: NGO participation at the United Nations: barriers and solutions, Angela Zettler, December 2009; 15

16 An increasing number of Geneva based NGOs are working in capacity building and awareness rising, and most of them do not carry out advocacy. They deliver training 43 on the UN HR mechanism to Southern NGOs in order to strengthen their knowledge and increase that way their participation at an HRC. International solidarity networks and northern NGOs talking on behalf of NGOs based in the South is another way to increase the voice of those who do not have access to Geneva. Generally, Northern NGOs have more resources which give them greater access to worldwide conferences. Often, they also have already well established relationships with government representatives and the national civil society on site. PBI s involvement at an international level contributes to raising awareness on HRD s situation, particularly from those who would otherwise not have access to the UN HR system. A strengthened PBI presence would operate as a bridge between the grassroots and the UN context. It also permits the possibility of addressing situations in areas that the international community doesn t consider as priority or an urgent case anymore Speaking with one voice - PBI as a network Concerted network action is critical to achieve a big impact. Facilitating the sharing of knowledge and experience within PBI is critical in creating synergies. Developing and communicating clear PBI positions on important HRD issues will help to speak with one voice. The UN HR is above all an opportunity to address issues and preoccupations across projects in a multilateral system. The PBI advocacy working group has already initiated the clustering of common issues across projects to build on a thematic approach to advocacy. This approach also permits projects which do not have a representation outside the country, as it is the case for Nepal, to bring to light cases and issues of concern. There are areas where PBI has already identified common issues to work on. Working with NGO coalitions is particularly powerful. PBI has been part of the women HRD International Coalition which is a resource and advocacy network for the protection and support of women HRD worldwide. In the newly released Women HRD International Coalition s Global Report on the Situation of Women HRD 45 eight out of 43 cases are from PBI accompanied organisations. There are cases from all PBI projects reflecting a strong inter-project collaboration. Another example of inter-project effort has been in the area of business and HR, which is especially of great concern in the Latin American projects. In January 2012, a PBI written 43 The following organisations provide training on the UN HR mechanisms and bodies in Geneva and in countries where they have partner organisations: the International Service for HR, the Friedrich Ebert Stiftung, the World Organisation against Torture, HURIDOCS and Geneva for HR (non-exhaustive list). Most of them are not doing any advocacy. 44 For example, there is there is a widespread perception that Latin America has reached democracy (maybe because of its socio-economic progress) resulting in neglecting HR concerns

17 submission 46 was made to the newly created Working Group on the issue of HR and transnational corporations and other business enterprises. Currently, a PBI strategy is being designed which will form the base for future engagement in this issue. The important and strategic role Country groups play should not be neglected. Their relationship with their country s foreign offices indirectly contributes to effective advocacy at multilateral level. Common simultaneous lobbying from country groups at a national level would certainly maximize impact at the HRC, which would have to be backed up through lobbying activities on site with permanent missions in Geneva, where, so far, hardly any contact has been established yet. 5.3 PBI s position and value added within the HR community PBI s unique access to information gives the organization a strong credibility and makes it an interesting interlocutor among the HR community. The direct information from the field that PBI gathers working directly with affected organizations is clearly what distinguishes them from other HR organizations working at an international level. The interviewed NGOs confirmed PBI s field observations as the major value they add to the HR community working at a UN level. PBI is a respected actor within the HR scene and enjoys high credibility due to its grassroots experience and direct field knowledge. A strengthened PBI presence should highlight this role of the voice from the field through participating actively in NGO coalitions, side events, and panel discussions. The HR NGO community in Geneva is quite small, with everyone knowing one another. From my experience, organisations have been very open to meet and easy to approach to discuss matters. Surprisingly, there is no formal NGO platform. The International Service for HR is hosting a formal meeting 47 once a year on average to discuss common positioning of NGOs, establishing NGO response to State initiatives and to agree on common NGO statements. During the year they keep in touch through by , mail and telephone. Partnerships also play a crucial role in helping to increase PBI s impact and visibility. For example, the PBI UK created Alliance for Lawyers at Risk has a great potential to complement and extend PBI s protective accompaniment work in various ways. Other country groups are developing similar networks which are very positive moves. The Swiss country group has started developing a concept for a lawyer s network which would especially be interesting for collaboration on engagement at a UN level. 6 Risks of reprisals due to increase international visibility NGOs that have interacted at an international level have sometimes become the subject of reprisals nal.pdf 47 The following NGOs are formally part of this meeting: Amnesty International, HR Watch, the Cairo Institute for HR studies, East and Horn of Africa HR Defenders Project, Conectas, CELS and Forum Asia. 17

18 As an example, in February 2012, two representatives of the PBI Guatemala accompanied organization Qamaló Ki Sanjuani Aj (Association of the Town of San Juan) while on a speaking tour in Europe to talk about the impact of the company Cementos Progreso (a partner of Holcim) on their community. The association has been intimidated by the presence of representatives of the same company during conferences in Switzerland. Upon their return to Guatemala a media campaign lead by the traditional right wing was launched to delegitimize the activities of Qamaló Ki Sanjuani Aj, on the pretext that its representatives are rebelling against the country s development and that they are looking to destabilize peace. During the 19 th session of the HRC, the situation of reprisals against those cooperating with or implementing decisions and recommendations of international HR bodies was raised, with appeals for enhanced monitoring and action to guarantee respect of normative agreements and rules of procedure and explicitly prohibiting acts of reprisals by States and non-state actors. Additionally, a joint press release denouncing reprisals was issued by the Rapporteurs on HRD of the Interamerican, African and UN HR system 48. The President of the Human Rights Council s statement on the issue and the panel discussion scheduled for the September 2012 session are a sign that the issue is being taken more seriously, and that decisive action will be taken to call to account governments that engage in intimidation and reprisals. This would certainly be an interesting path to follow up, especially given PBI s field expertise and first-hand information from the ground. It is essential though, to ensure that increasing international visibility of certain cases does not place the HRDs in question and their families in further danger, or cause damage to their work at the local level. PBI through its field presence and its expertise in assessing risks faced by civil society organisations plays an important bridge and to a HRD s international work. The political accompaniment at different levels and physical accompaniment in the field provides HRDs continuous protection even upon the HRDs return to their country. PBI s role as an organisation accompanying HRDs directly differentiates them from other Geneva based HR NGOs who have said not being involved directly with the risks and repercussions of partner organisations coming to Geneva to lobby to the HRC. 7 ECOSOC status yes or no? Consultative status with the Economic and Social Council of the United Nations (ECOSOC) 49 is an accreditation framework that gives NGOs access to the meetings of the Council and its subsidiary bodies as well as the HRC. As of 15 November 2011, 3, NGOs enjoy consultative status with ECOSOC which shows that NGOs find consultative status to be of value. The application process is not complicated, but it takes some time to get approved. The Committee on NGOs reviews new applications for consultative status twice a year, in January ('regular session') and in May 48 Joint press release: 49 For more information on ECOSOC status see: