What is the European Union doing to protect Human Rights Defenders worldwide?
By Clara Pastor Hernández, 10 minutes
Human Rights Defenders (HRDs) are individuals or organisations who seek the promotion and protection of civil and political rights as well as the realisation of economic, social and cultural rights. However, despite their huge efforts towards development and the improvement of living conditions, they are being systematically attacked and silenced through violence in countries with high rates of violence, corruption or autocratic regimes. This article examines the role of the EU as regards the protection of HRDs, and more particularly, it presents Protect Defenders, an EU-funded mechanism coordinated by Civil Society Organisations (CSOs) offering protection and support to HRDs and raising awareness about this topic.
The concerning situation of Human Rights defenders: At danger for speaking up for rights
What does being a Human Rights Defender (HDR) mean? Human Rights Defenders strive and advocate for the protection of human rights. Going beyond any job categorisation, 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 through peaceful means. Notwithstanding, in some countries of the world, this is a right totally censored, oppressed, and punishable. In countries facing corruption, authoritarian regimes, organised crime, and high rates of violence, HRDs find it very hard, or even impossible, to perform these actions. The repercussions can result in harsh circumstances or even death. Strikingly, this crucial act as the guarantee of the protection of others is perceived as a threat or danger for a third party, and consequently, HRDs are targeted, persecuted, kidnapped, or assaulted.
Berta Cáceres, an Honduran environmental and Indigenous activist was killed in 2016 while defending the Indigenous Lenca territory in northwestern Honduras, as she wanted to stop the Agua Zarca hydroelectric dam. Martinez Zogo, a Cameroonian journalist and director of the radio station Amplitude FM, was killed last January while working on the exposition of corruption in his country. Berta’s and Martinez’s cases are only two out of thousands cases occurring on a permanent basis around the globe.
The international NGO Front Line Defender, stated in its Global Analysis report, that 358 human rights defenders (HRDs) were assassinated in 35 countries worldwide in 2021. Among them, the higher rates of crime were highlighted in Afghanistan, Brasil, Colombia, India, Mexico, and Philippines. In 2022, the EU-led mechanism Protect Defenders EU, reported 360 violations against defenders. 28% of these reports came from Europe and Central Asia (102 cases), following Asia and the Pacific with 22,5% (81 cases), Africa with 20.3 % (73 cases), Americas with 14,7 % (53 cases), and the Middle East and North Africa with 14,2 (51 cases). Recently, Protect Defenders stated that since the beginning of this year, it has received 55+ reports of violations against HRDs, including 45 in January alone.
Source: HRD Memorial Official website
Unfortunately, these figures are only a scarce estimation of the real number of total cases. In fact, real figures are far higher and many alerts and attacks still go unreported. They would be easier to predict if the cases were not silenced or left aside by judicial authorities. Meanwhile, numerous perpetrators' impunity remains untouched, threats still persist, and affected collectives are demanding authorities for justice and action. Especially, they urge governmental attention to changing laws and policies which ultimately lead to a ‘double impunity’ for attacks on HRDs in many countries.
Ultimately, it is relevant to highlight why Human Rights Defenders’ are crucial and it becomes necessary to protect them. First, due that they play a leading role in ensuring that state policies comply with human rights. Second, they advocate for authorities’ accountability and transparency at all policy-making levels. Second, because HRDs are influential and indispensable in the defence of victims of human rights violations by guaranteeing their access to assistance, cure and reparation. In other words, they are actors in their own right to the achievement of global and social justice.
EU’s commitment to the promotion and protection of human rights worldwide
Despite political and cultural divergences between Member States (MS), the European Union has managed to draft and implement policies favouring the promotion of Human Rights abroad and within its borders. As stated in article 2 of the Treaty on the European Union (TEU), the founding principles of the Union are human dignity, freedom, democracy, equality, rule of law, and human rights. Further, articles 21 and 3 (5) of the TEU declare the protection and promotion of human rights of citizens in the wider world, when developing international relations and implementing its foreign policy.
The EU Action Plan on Human Rights and Democracy was formally approved by the European Council through its conclusions on 18 November 2020. This has become the third action plan on Human Rights and Democracy by the European Union (2020-2024) and is organised around five main priorities of action: 1. Protecting and empowering individuals, 2. Building resilient, inclusive, and democratic societies, 3. Promoting a global system for human rights and democracy, 4. Harnessing opportunities and addressing challenges that come with new technologies, and 5. Delivering by working together through strategic communications and public diplomacy.
Complementary to this, the Union has elaborated several EU Human Rights Guidelines as a practical toolkit for actions. They have been adopted at the ministerial level and illustrate their relevance as political priorities both for the EU and its states members. Examples of these include the human rights dialogue with third countries, the guidelines on violence against women and girls, children in armed conflict, torture and other cruel, inhuman or degrading treatment or punishment, international humanitarian law, and the guidelines on Human Rights Defenders.
The European Union Guidelines on Human Rights Defenders, provide practical and operational suggestions for enhancing EU action to tackle the protection of HRDs. Overall, the guidelines perceive assistance to human rights activists as one of the most tangible ways of the EU's human rights activities, as it has a direct impact on individuals. The document also states that Member States should offer swift protection and permanent assistance to HRDs in jeopardy in third countries, such as, when appropriate, issuing emergency visas and facilitating temporary shelter in the European Union. Since the adoption of the EU Guidelines on Human Rights Defenders, a growing number of initiatives to protect and support HRDs is being reported and HRDs and civil society organisations are increasingly being recognised as key interlocutors of EU missions.
Protect Defenders, an initiative aimed at protecting those who defend
Last September, Commissioner Jutta Urpilainen announced an increase in EU support for HRDs. Specifically, Urpilainen assigned €30 million, a substantial increase, for the new phase of the EU Human Rights Defenders for 2022–2027. The Human Rights Defenders Mechanism is a crucial EU programme for supporting human rights defenders around the world and represents a key priority of the €1.5 billion Global Europe Human Rights and Democracy programme. Since 2015, the EU Human Rights Defenders Mechanism has assisted over 55,000 human rights defenders and their families in over 120 countries on account of EU funding of €35 million during its first two phases. The mechanism is mainly managed by ProtectDefenders.eu.
Protect Defenders is a consortium of 12 human rights NGOs that work hand in hand with the European Commission and the European External Action Service (EEAS) to provide at-risk human rights defenders with efficient, strategic, and flexible support in the immediate, medium, and long-term, including:
1) Physical and digital protection, legal and medical support, trial and prison monitoring;
The mechanism has been adapting its programmes to allow defenders facing digital risks to find support for digital security. In fact, the emergency and protection grants cover digital security measures that include, covering the cost of information technology (IT) equipment and other digital protection material. In fact, 30+ emergency grants were allocated in 2020 for this purpose. A success story was the case of an Ugandan journalist at risk, who was able to foster his protection through this grant. Since 2014, the Emergency Fund has been able to provide support to approximately 1,600 human rights defenders and their family members from 100 countries.
2) Capacity development, advocacy, outreach, training on risk prevention and security, and development of strategies (to counter restrictions, sanctions, defamation, or laws that seek to criminalise their work). The ProtectDefenders.eu index of alerts, is based on verified information and public alerts with the aim of raising public awareness regarding the issue and contributing to the mapping of rights violations towards HRDs. At the advocacy level, the mechanism supports and funds advocacy work of civil society organisations and other partners, and carries out projects and activities to jointly call for an environment conducive to the defence of rights. Besides, their official website hosts a database on the compilation of useful resources for Human Rights Defenders including manuals, guides, toolkits, and public material.
Furthermore, this second line of action also deals with situation monitoring and early warning; Within this action, Protect Defenders offers a service of urgent help desk addressed to defenders facing immediate risk, in which they can contact ProtectDefenders.eu through the 24/7 emergency helpline, run by Front Line Defenders.
3) Temporary relocation schemes in the EU and at a regional or local level; Human Rights Defenders at risk of temporarily relocating within their country or abroad are eligible for grants of temporary relocation. If needed, families of human rights defenders are also eligible. The European Union Temporary Relocation Platform (EUTRP) is developed by the European Commission and coordinated by Protect Defenders. It consists of a network of entities engaged in the temporary relocation of at-risk human rights defenders. This relocation becomes crucial for defenders to be able to rest, seek rehabilitation, build their capacities through training, expand their international network of contacts, pursue their human rights work from a secure location, and prepare for their safe return. Additionally, there is the Shelter Initiative, which aims to enhance and increase the capacity of shelters and other initiatives for the temporary relocation of HRDs at risk at the local and regional levels.
Source: Protect Defenders.eu
Collective action is needed
The existence of mechanisms and programmes for the protection of Human Rights Defenders represents a sign of hope and until now, many at-risk individuals have benefited from them. The organisational scope and impact make the initiative Protect Defenders a case of success. With a wide approach, triggered jointly by policymakers and Civil Society Organisations (CSOs) together. A fully-fledged institutionally managed mechanism would not be delivering the same effect and impact. First, CSOs have extensive experience and networks of contacts who have experienced similar situations. Secondly, a large part of CSOs’ work is to raise awareness through advocacy on the current human rights violations in third countries. Therefore, this implies an in-depth understanding of the situation and proximity with the people affected, and its territories of origin. This bottom-up approach is a prerequisite for integrated policy-making.
Notwithstanding, HRDs continue to face attacks and threats because of their legitimate and crucial human rights endeavours. As mentioned in this article, numerous cases of rights violations of HRDs worldwide go unreported, and therefore, in the long-term become invisibilized. The European Union, acting according to its founding principles and values, as stated in the TEU, has the responsibility to denounce and act against this constant violation of rights. Likewise, it must avoid such situations from going unnoticed as well as offering mechanisms to protect and support HRDs fleeing their home countries. On the other hand, we as citizens living in Europe, have the duty to raise our voices in these unfair and preventable situations. Consequently, spreading awareness about HRDs and their situation becomes an extremely relevant and shared goal.
