Meld. St. 10 (2014–2015) Report to the Storting (white paper)
Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation Many of the illustrations in this white paper are from the design project “Poster for Tomorrow”. The project is run by 4 Tomorrow, an independent organisation that works to inspire designers and others to debate human rights through poster art.
Cover illustration: Bjørn Sæthren, 07 Media AS. The illustration is based on the universal human rights logo, which was chosen as a symbol through a competition announced on the World Press Freedom Day in 2011. The symbol was among 15 300 proposals from 190 countries that were chosen through a poll on the internet and by an international jury. The logo is available for anyone who wants to use it to promote international human rights (http://www.humanrightslogo.net/). Meld. St. 10 (2014–2015) Report to the Storting (white paper)
Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Translation from Norwegian. For information only. Contents
1 Summary ...... 7 4.2 Peace, humanitarian efforts and combating serious international 2 Introduction ...... 12 crimes ...... 48 4.2.1 Human rights in the context of 3 Thematic priorities in peace efforts ...... 48 Norway’s international human 4.2.2 Combating impunity for war crimes, rights policy ...... 17 crimes against humanity and 3.1 Three priority areas ...... 17 genocide ...... 49 3.2 Individual freedom and public 4.2.3 Human rights in the context of participation ...... 18 humanitarian efforts ...... 50 3.2.1 Freedom of expression ...... 19 4.3 Poverty reduction and sustainable 3.2.2 Freedom of the press and development ...... 51 independent media ...... 20 4.3.1 Human rights and climate and 3.2.3 Freedom of assembly and environmental policy ...... 51 association ...... 21 4.3.2 Human rights in the post-2015 3.2.4 Protection of human rights development agenda ...... 53 defenders ...... 22 4.4 Development cooperation ...... 53 3.2.5 Freedom of religion or belief ...... 25 4.4.1 Human rights-based development 3.2.6 The right to education ...... 26 cooperation ...... 54 3.3 The rule of law and legal 4.4.2 The impact of negative safeguards ...... 27 developments in individual 3.3.1 Reinforcing the rule of law ...... 27 countries on development 3.3.2 Combating torture and abolishing cooperation ...... 55 the death penalty ...... 28 4.4.3 Priority partner countries ...... 55 3.3.3 Combating corruption ...... 29 4.4.4 Human rights in the multilateral 3.3.4 Protection of privacy ...... 31 financial institutions ...... 56 3.3.5 The right to own property ...... 32 4.5 An active and responsible 3.4 Equality and equal opportunities .. 33 business sector ...... 57 3.4.1 Gender equality and women’s 4.5.1 The UN Guiding Principles on empowerment ...... 35 Business and Human Rights ...... 57 3.4.2 Children ...... 36 4.5.2 Know-how and dialogue ...... 59 3.4.3 Persons with disabilities ...... 37 4.5.3 Enterprises that are partly or 3.4.4 Indigenous peoples ...... 38 fully state-owned ...... 60 3.4.5 Sexual orientation and gender identity ...... 39 5 Efforts to promote human 3.4.6 The right to health and the right rights through the UN ...... 62 to food ...... 40 5.1 The UN’s normative role ...... 63 3.4.7 Workers’ rights and the right 5.2 From norms to reality: Increasing to decent work ...... 42 the effectiveness of the UN ...... 63 5.3 The UN Security Council ...... 64 4 Policy coherence for human 5.4 The UN General Assembly and rights ...... 44 the Human Rights Council ...... 65 4.1 Key human rights issues in 5.5 The UN Universal Periodic security policy ...... 44 Review ...... 68 4.1.1 Terrorism, organised crime and 5.6 The UN High Commissioner cyber threats ...... 45 for Human Rights ...... 69 4.1.2 Human rights, security sector 5.7 The UN treaty bodies ...... 70 reform and peace operations ...... 47 5.8 Human rights in the UN 4.1.3 Human rights and the export of development system ...... 71 strategic goods, services and technology ...... 47 6 Efforts to promote human 7.1.1 The human rights situation in the rights at the regional level ...... 73 country ...... 87 6.1 Europe and Eurasia ...... 73 7.1.2 Overall country specific knowledge 87 6.1.1 The Council of Europe ...... 74 7.1.3 Norway’s latitude to act ...... 88 6.1.2 The European Court of Human 7.1.4 Relevant instruments and tools ..... 88 Rights ...... 75 7.1.5 Evaluation ...... 89 6.1.3 The European Union ...... 76 7.2 Instruments and tools for 6.1.4 The EEA and Norway Grants ...... 77 promoting human rights at the 6.1.5 The Organization for Security country level ...... 90 and Co-operation in Europe ...... 78 7.2.1 Comprehensive approach ...... 90 6.2 North America and Latin 7.2.2 Cooperation and support ...... 90 America ...... 79 7.2.3 Criticism and sanctions ...... 91 6.3 The Middle East and North Africa 80 7.2.4 Clear responses to serious 6.4 Sub-Saharan Africa ...... 82 violations of human rights ...... 91 6.5 South and East Asia ...... 84 7.3 Selected country cases ...... 92 7.4 Considerations and dilemmas ...... 99 7 Efforts to promote human rights in individual countries .. 86 Appendix 7.1 Systematic approach ...... 86 1 Abbreviations ...... 102
List of boxes Box 2.1 Militant jihadist groups ...... 13 Box 3.15 Child marriage and forced Box 2.2 The UN core international marriage ...... 36 human rights instruments ...... 14 Box 3.16 Developments for LGBTI people Box 2.3 International human rights in Nepal ...... 41 protection ...... 15 Box 3.17 The ILO standards supervisory Box 3.1 Digital diplomacy ...... 17 system ...... 42 Box 3.2 An independent cultural sector .... 17 Box 4.1 Preventing radicalisation and Box 3.3 The importance of a strong civil violent extremism ...... 46 society ...... 18 Box 4.2 Combating human trafficking ...... 46 Box 3.4 Freedom of expression and freedom Box 4.3 How should the results of of the press under pressure ...... 19 development cooperation be Box 3.5 A free and open internet ...... 21 measured? ...... 54 Box 3.6 Support for democratic Box 4.4 Industry dialogue on freedom of development ...... 22 expression and privacy ...... 59 Box 3.7 UN resolution on women human Box 4.5 Due diligence in state enterprises 60 rights defenders ...... 23 Box 5.1 Syria: An example of international Box 3.8 The Ministry’s guidelines on paralysis ...... 65 human rights work ...... 25 Box 5.2 Responsibility to protect ...... 66 Box 3.9 National human rights institutions 29 Box 5.3 Special Procedures ...... 66 Box 3.10 Norwegian support for the rule of Box 5.4 Membership of the Human law in the Western Balkans ...... 30 Rights Council ...... 67 Box 3.11 Initiatives to increase Box 5.5 The Human Rights Council’s transparency and cooperation consideration of serious human with civil society ...... 31 rights situations ...... 68 Box 3.12 Clarification of property rights in Box 5.6 The UPR process as a framework the wake of conflicts and crises .... 33 for dialogue and coordination ...... 69 Box 3.13 Discrimination based on caste ..... 34 Box 5.7 Human rights in UN funds, Box 3.14 Female genital mutilation ...... 35 programmes and specialised agencies ...... 72 Box 6.1 The Council of Europe 2014 Box 7.3 Strengthening Norwegian status report ...... 74 capacity and expertise ...... 89 Box 6.2 Suspension and withdrawal of Box 7.4 Acute situations ...... 89 funding under the EEA and Box 7.5 Financial support entails Norway Grants scheme ...... 77 obligations ...... 91 Box 6.3 The Roma people ...... 78 Box 7.6 International Expert Consultation Box 7.1 Different or conflicting views on on Restorative Justice for human rights ...... 86 Children ...... 93 Box 7.2 Cooperation with other actors ...... 88 Box 7.7 Continual restrictions on rights .... 95
List of figures Figure 2.1 The number of states that have Figure 3.13 Timeline for decriminalisation ratified the UN core international of homosexual acts in selected human rights instruments ...... 14 countries ...... 41 Figure 3.1 Tomaso Marcolla, Italy ...... 19 Figure 4.1 Beetroot Design Group, Greece .. 48 Figure 3.2 Egil Nyhus, Norway ...... 20 Figure 4.2 Moises Romer, Mexico ...... 51 Figure 3.3 United Nations Human Rights Figure 4.3 Ria Shah, India ...... 53 Council resolution 22/6, Figure 5.1 Firuz Kutal, Norway 62 sponsored by Norway and Figure 5.2 The five largest donors to UNDP, adopted by the Council in UNICEF and UNFPA ...... 70 March 2013 ...... 24 Figure 6.1 Monika Zec Moni, Macedonia .... 74 Figure 3.4 Massimo Dezzani, Italy ...... 27 Figure 6.2 Marna Janse van Rensburg, Figure 3.5 Accreditation of national human Botswana ...... 76 rights institutions as of May 2014 28 Figure 6.3 OSCE/ODHIR Guidelines on the Figure 3.6 Aditya Mehta, India ...... 30 Protection of Human Rights Figure 3.7 Michael Salceda, Mexico ...... 32 Defenders ...... 78 Figure 3.8 Sze Hang Wai, Hong Kong/Kina 33 Figure 6.4 Alireza Mostafazadeh, Iran ...... 83 Figure 3.9 Eric Le, Australia ...... 34 Figure 7.1 Arifur Rahman, Bangladesh...... 87 Figure 3.10 Maryla Rarus, Poland ...... 37 Figure 7.2 Mathieu Daudelin Pilotte, Canada 89 Figure 3.11 Anna Wcislo, Poland ...... 38 Figure 7.3 Eshel Yuval, Israel ...... 94 Figure 3.12 Overview of countries that Figure 7.4 Sepideh Riahi, the US ...... 96 criminalize same-sex relations ... 40 Figure 7.5 Lakhdar Mohamed, Morocco ..... 100 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Meld. St. 10 (2014–2015) Report to the Storting (white paper)
Recommendation from the Ministry of Foreign Affairs of 12 December 2014, approved in the Council of State the same date. (White paper from the Solberg Government)
1 Summary
tions and declarations relating to the protection of Why do we need a white paper on human rights? human rights. There is now a well-developed set The Government is concerned by the fact that of international norms in place that is supported human rights are coming under increasing pres- by states in all regions. More than 160 countries sure worldwide. Human rights are the foundation are parties to the UN’s two main human rights of freedom, justice and peace in the world. They treaties, adopted in 1966, the International Cove- are fundamental rights that all people are entitled nant on Civil and Political Rights and the Interna- to, irrespective of personal characteristics such as tional Covenant on Economic, Social and Cultural gender, religion or belief, age, sexual orientation, Rights. Various international mechanisms have disability or ethnicity. Human rights are the rights been established in the UN, the Council of Europe of the individual in relation to the authorities of a and other international organisations, with the country, and it is the authorities’ responsibility to aim of ensuring that human rights obligations are ensure that these rights are protected. The reali- complied with at the national level. sation of human rights thus provides protection In practice, however, the degree to which against the abuse of power and is a fundamental human rights are respected varies considerably. tenet of a democratic society. Democracy based The trend has been particularly negative with on respect for human rights and the rule of law regard to fundamental civil and political rights. promotes stability, security and sustainable devel- Freedom of expression is being limited. National opment. Failure to respect human rights is an legislation is being misused to restrict the activi- infringement of the rights of the individual and ties of civil society and democratic opposition can weaken and impede social development, with groups. In many countries, the rule of law is weak. grave consequences over time at the local, Traditional values and religious dogmas are being national and international level. used increasingly to justify restricting the free- Since the adoption of the Universal Declara- dom of the individual. Peaceful protests are being tion of Human Rights in 1948, the international suppressed, and censorship and political control community has agreed on a number of conven- of the media are widespread in many parts of the 8 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation world. Extremist and terrorist groups are respon- tions. The problem is that these principles and sible for tremendous humanitarian suffering and provisions are not complied with in practice. For- widespread human rights abuses, and demon- mal adherence to human rights instruments can- strate a blatant disregard for the right to life and not necessarily be equated with genuine protec- the prohibition of torture. Many countries are tion of human rights. using spurious arguments to justify strict state Failure to comply with human rights obliga- control and mass surveillance. Journalists and tions may be due to a lack of political will. In many human rights defenders have become the target countries, the authorities see human rights as a of threats, intimidation and arbitrary arrest, and in potential threat to their power, and may therefore some cases there have been forced disappear- deliberately seek to concentrate power and under- ances and even killings. Women and girls tend to mine respect for human rights. In other cases, the have less legal protection and less access to authorities may want to initiate reforms to safe- health services and education than men, and their guard human rights, but lack the political support physical safety is more often threatened. There is needed to get these reforms approved. Violations also widespread discrimination of various minor- of human rights can also often be attributed to ity groups. In international forums, the growing poor institutional capacity and expertise. A well- pressure on human rights is reflected by increas- functioning legal system at the national level is ingly intense debates surrounding the definition vital for ensuring that human rights are respected. and content of these rights. A growing number of For this reason, the Government is giving priority countries are working actively to gain acceptance to supporting efforts to build well-functioning for restrictive interpretations of human rights, and states governed by the rule of law. The UN has a are forming strategic alliances to this end – often key role to play in ensuring that states comply across regions and religious or political divides. with their human rights obligations. The Govern- It is 15 years since a white paper on human ment will therefore support efforts to modernise rights was last submitted to the Storting. Over the the UN and make it stronger and more effective, course of these years, global power relations have and thus enhance the organisation’s capacity to changed significantly. During the same period, assist countries in fulfilling their human rights knowledge and awareness of human rights and of obligations. The Government is working actively their political importance has increased, among to ensure that human rights are given priority authorities and civil society actors alike. This has across the organisation and that a larger share of led to positive developments in some areas of the UN’s total resources is allocated to this area. human rights, while other areas are coming under The third pillar of the UN must be strengthened, increasing threat. The Government will intensify and Norway will give its full support to the Secre- its efforts to promote respect for human rights, tary-General’s Human Rights Up Front initiative. not least in the light of the ever more complex This initiative aims to make sure that the UN’s challenges the world is facing. voice is clearly heard when violations of human rights occur, and to promote the integration of human rights into the activities of the UN system The need for greater compliance with human rights as a whole. The Government will also work to pro- obligations mote UN system-wide coherence, and to The main challenge today is to strengthen compli- strengthen cooperation between the UN system ance with human rights obligations at the national and the regional organisations, and between the level. There are various aspects to this. Not only UN system and the multilateral financial institu- are states failing to comply with their obligations tions. The Norwegian authorities will also support under international human rights conventions, the regional human rights protection systems, but there is also a growing gap between decisions with a view to improving the overall effectiveness made in the UN political bodies and implementa- of human rights monitoring mechanisms at the tion at the national level. Moreover, global and multilateral level. regional systems for the protection of human rights are not sufficiently effective or are poorly developed. Most countries, including authoritar- Three priority areas ian states where grave and systematic violations of A distinction is often made between two main cat- human rights still take place, are party to interna- egories of human rights: civil and political rights tional human rights conventions and have funda- on the one hand, and economic, social and cul- mental human rights enshrined in their constitu- tural rights on the other. This distinction is 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 9 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation reflected in the two main UN human rights trea- izens are entitled to the same rights. These three ties, the International Covenant on Civil and Politi- priority areas reflect the links between democ- cal Rights and the International Covenant on Eco- racy, the rule of law and human rights. When all nomic, Social and Cultural Rights. The Vienna three priority areas are secured, they lay the basis Declaration and Programme of Action adopted at for peaceful societies characterised by sustainable the UN World Conference on Human Rights in development and genuine opportunities for all. 1993 states that human rights are ‘universal, indi- visible and interdependent’ and that they must be treated globally ‘in a fair and equal manner, on the Tools, arenas and partners same footing, and with the same emphasis’. The The Government’s work in these three priority two main categories of human rights are mutually areas will be carried out using a wide range of reinforcing, and it is only when all human rights tools, in multilateral organisations, in individual are respected that the protection of human rights countries, and in cooperation with civil society. can be said to be genuine and complete. The close The Government will use multilateral forums, the links between the two categories of human rights UN Human Rights Council’s Universal Periodic are clearly evident when, for example, people are Review mechanism, and bilateral political dia- threatened or imprisoned for protesting against logues as arenas for advocating greater respect girls being denied access to education or vital for human rights. The Government will actively health services. seek out opportunities to promote compliance Despite the equal status of the two categories with human rights obligations in its dialogue and of rights in principle, the obligations placed on cooperation with other countries, and will build states are different for the two categories. To a broad-based partnerships and alliances in multilat- large extent, civil and political rights are formu- eral forums and at country level. In these efforts, lated as immediate obligations on states. With human rights defenders, the independent media regard to economic, social and cultural rights, and civil society organisations will be key part- however, states have an obligation to achieve the ners. full realisation of the rights progressively, using all appropriate means. The realisation of these rights depends to a large extent on the resources Policy coherence for human rights available and on value creation in the country con- The Government will seek to ensure policy coher- cerned, and an effective policy to promote social ence for human rights, so that Norway’s efforts to and economic equality is essential. However, the promote and protect human rights are integrated prohibition of discrimination set out in the Inter- into all aspects of its foreign and development pol- national Covenant on Economic, Social and Cul- icy. Ensuring respect for human rights is a foreign tural Rights is an immediate and absolute obliga- policy goal in itself, but it is also a means of achiev- tion. ing lasting development and security. The work on The Government takes an integrated approach the Government’s three priority areas in the field in its efforts to promote compliance with human of human rights will be incorporated into policy rights obligations, and will focus its work on the development in other areas, and will support dem- following three main areas: ocratic development based on respect for human rights. It is essential that all Norway’s efforts pull 1. Individual freedom and public participation in the same direction and are mutually reinforc- 2. The rule of law and legal protection ing. The measures proposed and set out in this 3. Equality and equal opportunities white paper are closely linked to other priority areas for the Government, such as education, The first area – individual freedom and public par- health, climate and energy. For example, the Gov- ticipation – concerns fundamental rights in an ernment’s focus on education in development pol- open and democratic society. Work in the second icy will be vital to our efforts to promote equal priority area – the rule of law and legal protection – opportunities and participation in decision-mak- will place emphasis on principles of the rule of law ing. and related mechanisms for achieving well-func- When assessing which countries should tioning and stable states. Work in the third area – receive financial support from Norway, impor- equality and equal opportunities – will focus on tance will be attached to the recipient country’s gender equality and vulnerable groups in society, willingness to govern in accordance with the prin- taking as its starting point the principle that all cit- ciples of human rights, democracy and the rule of 10 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation law. Developments in these areas will be signifi- 1) Individual freedom and public participation cant in determining whether or not Norway can – with an emphasis on rights that are under provide financial support to individual countries, particular threat, such as freedom of as well as the nature and amount of financial sup- expression, freedom of assembly and asso- port given. The Government will work to enhance ciation and freedom of religion or belief, as the ability of recipient countries to generate last- well as intensified efforts to support human ing and sustainable economic growth, and will rights defenders and to promote the inde- seek to strengthen democratic development. In its pendent media and the right to education; development policy, the Government will support 2) The rule of law and legal protection – with an the implementation of sound policies that promote emphasis on the right to life, the develop- democracy, human rights and the rule of law. ment of fair and effective legal systems, the Norwegian companies are increasing their protection of private property rights, the investments and creating more jobs in growth fight against corruption and the protection markets, for example in Africa. In some countries, of personal privacy; the Norwegian business sector provides a signifi- 3) Equality and equal opportunities – with an cant source of income, and has a considerable emphasis on the rights of women and chil- effect on overall economic development. Moreo- dren, the right to health and food, as well as ver, active and responsible engagement on the efforts to combat all forms of discrimina- part of the business sector can have a direct and tion, including discrimination of religious positive impact on the human rights situation in minorities, indigenous peoples, people with the countries concerned. The presence of Norwe- disabilities, and sexual minorities. gian companies in a country can also help to facili- tate constructive dialogue between Norway and Promoting human rights in international coop- the country’s authorities. The Government con- eration at the global, regional and bilateral lev- siders it important that Norwegian companies els, by ensuring policy coherence and through make a contribution to economic growth and the systematic use of foreign and development development, and it values the fact that for many policy instruments. This includes: Norwegian companies respect for human rights is 4) Integrating efforts to promote and protect an integral component of their global business human rights into all aspects of foreign and strategies. The Government will give greater pri- development policy, to ensure that our ority to promoting Norwegian business interests efforts in different areas pull in the same abroad, while at the same time working to pro- direction and are mutually reinforcing; mote respect for human rights in the business 5) Playing an active part in international sector, by making its expectations of companies in efforts to further developing the normative the field of corporate social responsibility clear, human rights framework, and further and by actively providing information and guid- developing Norway’s role in this field as a ance. key international player with a clearly rec- The Government’s approach recognises the ognisable profile; fact that human rights work involves dilemmas 6) Working to make the UN more effective and difficult considerations. The Government will and to ensure that human rights are given seek to handle these dilemmas through openness priority across the organisation and that a and dialogue, without compromising on Norway’s larger share of its total resources is allo- human rights obligations. cated to this area; 7) Working to further strengthen the work of This white paper describes Norway’s efforts to the Council of Europe and the Organization promote human rights in its foreign and develop- for Security and Co-operation in Europe ment policy and sets out the following main priori- (OSCE) to promote democracy, human ties: rights and the rule of law; 8) Developing long-term, targeted coopera- Ensuring a coherent approach to Norway’s tion with regional organisations outside international human rights efforts, with a par- Europe, as part of efforts to strengthen ticular focus on three priority areas that high- international human rights protection light the links between democracy, the rule of mechanisms; law and human rights: 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 11 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
9) Further developing a systematic approach rights, with reference in particular to the to bilateral efforts, based on the human UN Guiding Principles on Business and rights obligations of the countries con- Human Rights; cerned and in line with our multilateral 12)Further developing human rights expertise efforts; in the Foreign Service, through training, 10 Setting clear requirements for recipients of capacity building and the development of Norwegian aid as regards their willingness relevant tools, and by facilitating coopera- to take steps to promote human rights, tion with relevant actors, including civil democracy and the rule of law; society, the academic community, the pri- 11)Engaging the private sector in efforts to vate sector, and religious and cultural safeguard and ensure respect for human groups. 12 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
2 Introduction
To deny people their human rights is to challenge ugees in the world than at any time since the Sec- their very humanity. ond World War. At the same time, the interna- Nelson Mandela tional community is having to respond to several humanitarian crises in parallel, categorised by the Although Norway’s legal responsibility is limited UN as level three emergencies, the UN’s highest to people within its jurisdiction, Norway has a level of humanitarian emergency. Poverty, con- long tradition of involvement in efforts to protect flict, terrorism, epidemics, climate change and the human rights of individuals in other countries, environmental problems continue to have major with the overall aim of strengthening international consequences for human rights. The tension human rights protection. Norway’s own experi- between secular and religious centres of power ence of democracy and the rule of law, and of a and between different religions poses further welfare state that respects and protects personal challenges. Digital advances have also created freedom, provides a solid basis for the Govern- new, serious threats from both state and non-state ment’s efforts in this area. actors. Instruments that are used to combat ter- The Government’s international human rights rorism and to safeguard the security of citizens work reflects a policy based on interests and can at the same time pose challenges in terms of engagement, in which human rights protection is protection of privacy and freedom of expression. both a fundamental aim in itself and a means of This applies for example to mass surveillance and achieving other objectives. Respect for human data collection. Furthermore, there is a clear cor- rights is a cornerstone of democracy, just as real relation between the human rights situation in a democracy is a prerequisite for the realisation of country and the desire of its citizens to move or human rights. Countries that respect human flee, and possibly seek asylum in another country. rights are more stable and predictable than those This illustrates the close links between different that do not. The protection and promotion of policy areas. human rights thus plays a part in creating a safer At the same time, awareness of human rights and more open world, which is also in Norway’s has grown all over the world. The internet and interests. social media have dramatically changed the way A commitment to human rights, democracy people communicate and have made it more diffi- and the principles of the rule of law must lie at the cult to conceal human rights violations from the heart of Norway’s foreign and development pol- rest of the world. Technology has created new and icy. Respect for human rights and international better opportunities for the free exchange of infor- law, together with binding international coopera- mation and views, and has enabled broader politi- tion, are key to pursuing a responsible foreign pol- cal participation and the development of better icy, and Norway’s record in these areas enhances organised opposition movements. Today, the its credibility when it seeks to promote Norwe- actions of states are scrutinised more thoroughly gian interests. For this reason, the Government than ever before, and civil society is playing an announced early on that it would present a white ever more important role in pushing for legal and paper to the Storting highlighting the increased political reforms by protesting against marginali- emphasis on human rights in our foreign and sation and oppression. Popular uprisings and calls development policy. for democracy and public participation have During the course of the 15 years since a white recently brought about the fall of a number of paper on human rights was last presented to the authoritarian regimes. Storting, the world has changed, and the interna- At the national level, the work of an increasing tional community is facing increasingly complex number of civil society organisations and human challenges with far-reaching implications for rights defenders has significantly improved the human rights. In autumn 2014, there are more ref- human rights situation in many countries, as has 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 13 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Box 2.1 Militant jihadist groups The international human rights conventions ing control over large areas of land, terrorising place obligations on states and grant rights and entire population groups and threatening the freedoms to individuals. However, in situations existence of states. ISIL is operating across where states no longer have real control over national borders, is well organised and has parts of their territory, for example in cases of ambitions to make further territorial gains. The internal armed conflict or in areas where terror- group thus represents a threat to life and secu- ism is widespread, the implementation of human rity beyond the region in which it is operating. rights obligations is undermined. States may ISIL’s actions can only be regarded as serious find that they are no longer able to safeguard the criminal acts and may qualify as crimes against rights of their citizens. humanity. Militant jihadist groups such as ISIL, Al- The Government’s efforts to strengthen Qaeda and Boko Haram are responsible for mas- Iraq’s ability to combat these groups, where sive and grotesque attacks on the civilian popu- these are operating on Iraqi territory, will help lation, massacres of whole villages, widespread indirectly to enhance Iraq’s ability to safeguard kidnapping, torture, and sexual assault, particu- the human rights of its citizens, and will also larly against women and young girls. In some help to ensure that members of terrorist groups cases, people are being forced to give up their such as ISIL are held accountable for their own religion and convert to the faith of the ter- crimes. In this way, these efforts are part of our rorist groups. ISIL is a particularly frightening work to safeguard and strengthen the protection example of a group that, by means of extreme of human rights at the international level. violence, is acquiring economic resources, tak- the establishment of independent national human the south and the east. The financial crisis has rights institutions. The adoption of legislation that reinforced this trend. This shift in global power places restrictions on the flow of information, on shows that there is a connection between eco- freedom of expression, on freedom of assembly nomic growth and political influence. The Govern- and association and that leads to a shrinking of ment needs to strengthen contacts with new part- democratic space is therefore very worrying. ners while maintaining old ties if it is to be able to Peaceful protests are being suppressed and cen- pursue a viable foreign policy that promotes a sorship and political control of the media are wide- world order based on the rule of law. We cannot spread. In some instances, there is clear disregard simply assume that all the emerging economies for the right to life and the prohibition against tor- have developed a tradition for safeguarding ture. Many countries refer to security and coun- human rights. Nor can we assume that other ter-terrorism considerations to justify strict state countries base their policies on the same funda- control and mass surveillance. Human rights mental values and aims as those that underpin the defenders and journalists have become the target international human rights conventions. Many of threats, harassment and arbitrary arrest, and in states do not respect the universality of human some cases forced disappearances and even kill- rights, or rely on a restrictive interpretation of ings are being carried out in order to silence their human rights. Many states seek to undermine voices. In many countries, minorities and mem- rights that they have undertaken to respect under bers of the political opposition are persecuted and international law. This can be clearly seen in the attempts are made to control groups that chal- UN and other multilateral forums, where alliances lenge the central authorities, often through the of states cite traditional values and use religious adoption of legislation. dogma to restrict the rights of individuals, and refer to principles of national sovereignty and non- interference in the internal affairs of states. In A changing world such cases the Government will make it clear that The world has entered a period of geopolitical human rights are universal and indivisible, and change. Economic growth in certain regions is that individual states cannot opt out of their causing a significant shift in global power. Eco- human rights obligations by referring to what nomic and political influence is moving towards they claim are national traditions or values. 14 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Box 2.2 The UN core international human rights instruments There are ten core international human rights – Optional Protocol to the Convention against instruments, some of which are supplemented Torture and Other Cruel, Inhuman or Degra- by optional protocols that deal with specific top- ding Treatment or Punishment (2002) – ics. The ten core instruments are: OPCAT – International Convention on the Elimination – Convention on the Rights of the Child (1989) of All Forms of Racial Discrimination (1965) – CRC – ICERD – International Convention on the Protection of – International Covenant on Civil and Political the Rights of All Migrant Workers and Mem- Rights (1966) – ICCPR bers of Their Families (1990) – ICMW – International Covenant on Economic, Social – Convention on the Rights of Persons with and Cultural Rights (1966) – ICESCR Disabilities (2006) – CRPD – Convention on the Elimination of All Forms – International Convention for the Protection of Discrimination against Women (1979) – of All Persons from Enforced Disappearance CEDAW (2006) – CPED – Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punish- ment (1984) – CAT
194 200 188 177 180 168 162 155 160 147 140
120
100 73 80
60 47 42
The number of ratifying states 40
20
0 ICERD ICCPR ICESCR CEDAW CAT OP-CAT CRC ICMW CRPD CPED The UN core international human rights instruments
Figure 2.1 The diagram shows the number of states that have ratified the UN core international human rights instruments.
tematic use of the various instruments that are Systematic use of instruments and the importance of available. Where the Government sees negative broad alliances developments or human rights being violated, it This white paper sets out what the Government will express its concerns. The Government will will do to strengthen the human rights dimension convey its criticisms and concerns directly, at sen- in Norway’s foreign and development policy. It ior official level and at political level. When appro- focuses in particular on enhancing coordination, priate, Norway will express its concerns openly, increasing effectiveness and ensuring a more sys- for example in the form of public statements. Sup- 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 15 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation port for civil society’s human rights activities, in the field of human rights. The Norwegian combined with a focus on the inadequacies of the authorities take a broad approach and are efforts of national authorities, can often lead to involved in most of the human rights issues on the positive change over time. international agenda. The Government will sup- Norway’s efforts to promote human rights will port the independent media and strengthen part- be most effective if we further develop cross- nerships with civil society, the academic commu- regional alliances, both with other states and with nity, the business sector, and religious groups and civil society. In this work, the Government can cultural networks, which can all help to dissemi- benefit from Norway’s clear international profile nate knowledge about human rights beyond tradi-
Box 2.3 International human rights protection The Universal Declaration of Human Rights protection of human rights, by developing states that ‘all human beings are born free and norms and effective monitoring mechanisms. In equal in dignity and rights’. Since its adoption in Europe, the European Court of Human Rights 1948, the UN has introduced a number of con- issues legally binding judgments and decisions ventions and declarations relating to the protec- on states’ compliance with the European Con- tion of human rights, and today the world has a vention on Human Rights (ECHR). The Council well-developed set of international norms that of Europe has also developed a number of spe- states in all regions have endorsed. A treaty cial conventions with separate monitoring mech- body (a committee of independent experts) has anisms, such as those relating to minorities, been established for each of the UN’s ten core human trafficking, torture, domestic violence, instruments to monitor implementation of the and economic and social rights. The Council of treaty provisions by its states parties. Europe has a separate Commissioner for Promoting human rights is a key task of both Human Rights. The Organization for Security the UN General Assembly and the UN Security and Co-operation in Europe (OSCE) comple- Council. The Human Rights Council, the UN’s ments the work of the Council of Europe in the main human rights body, is mandated to address field of human rights. The OSCE’s three inde- both thematic issues and situations in individual pendent institutions — the Office for Demo- countries. The Office of the High Commissioner cratic Institutions and Human Rights, the High for Human Rights (OHCHR) plays an important Commissioner on National Minorities and the role as an independent voice in the area of Representative on Freedom of the Media – human rights protection and promotion, and work, together with the OSCE’s various mis- acts as secretariat for the Human Rights Council sions, to build institutions, strengthen demo- and the treaty bodies. OHCHR provides guid- cratic structures and promote the participation ance and technical support to individual coun- of civil society in conflict-affected countries and tries to assist them in implementing their regions. human rights obligations. In other parts of the world, the Organization The International Labour Organization of American States (OAS), the African Union (ILO) is a specialised agency of the UN and is (AU) and the Association of Southeast Asian responsible for developing, monitoring and Nations (ASEAN) in particular have adopted enforcing international labour standards. The instruments and begun developing mecha- ILO has developed a comprehensive set of legal nisms to protect human rights in their respec- instruments, and it is common to refer to the tive regions. ILO’s eight core conventions as human rights The development of international courts to conventions. These core conventions relate to ensure that perpetrators of genocide, crimes issues such as freedom of association and the against humanity and war crimes are brought to right to collective bargaining, the abolition of justice is also an important contribution to the child labour, the elimination of forced or compul- work of increasing compliance with human sory labour and discrimination. rights obligations. The International Criminal Regional organisations can also play an Court (ICC) plays a key role in these efforts. important role in promoting the international 16 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation tional arenas. The Government’s approach is based on recognition of the fact that a long-term Limitations of the white paper perspective is needed in this area, and that all The white paper does not cover the work being countries face different challenges that vary in done to promote human rights in Norway. Nor nature and scope. This is reflected in international does it discuss Norway’s role as a financial inves- cooperation on human rights, including in the UN tor, through the two parts of the Government Pen- and Council of Europe monitoring bodies and in sion Fund, the Government Pension Fund Nor- the UN Human Rights Council’s Universal Peri- way and the Government Pension Fund Global, odic Review process, which allows all countries to which are managed by Folketrygdfondet and raise human rights issues in other countries and Norges Bank, respectively. The Ministry of to put forward recommendations. Following Nor- Finance presents a white paper to the Storting way’s Universal Periodic Review in April 2014, the annually on the management of the Government Government approved a number of recommenda- Pension Fund, the most recent being Meld. St. 19 tions, which it is now following up. (2013–2014). These white papers describe the Fund’s work to ensure sound and responsible management, and it is therefore natural for all Development of the white paper matters relating to the management of the Fund In developing this white paper, the Ministry of to be considered by the Storting when the annual Foreign Affairs has considered it important to white papers are presented. ensure a broad and inclusive process. Meetings have been held with other parts of the public administration, the business sector, civil society Financial and administrative consequences organisations and other relevant actors, all of No administrative changes to the Ministry’s or whom have provided written input. The intention subordinate agencies’ areas of responsibility are behind this approach was to make the white paper envisaged as a result of this white paper. All meas- relevant and feasible, and to encourage involve- ures discussed in the white paper will be funded ment and inspire ownership as regards the imple- within the existing budgetary frameworks of the mentation of its recommendations. ministries concerned. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 17 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
3 Thematic priorities in Norway’s international human rights policy
3.1 Three priority areas taking as its starting point the principle that all cit- izens have the same rights. These three priority The Government takes an integrated approach in areas reflect the links between democracy, the its efforts to promote compliance with human rule of law and human rights, which lay the basis rights commitments and obligations, and will for peaceful societies that enjoy sustainable devel- focus its work on the following three main areas: opment and genuine opportunities for all. The aim of Norway’s efforts in this field is to 1. Individual freedom and public participation enable states to ensure that every individual’s 2. The rule of law and legal protection human rights are safeguarded. This means that 3. Equality and equal opportunities national legislation must be brought in line with international law, effective policies must be devel- The first area – individual freedom and public par- oped and systems for providing necessary ser- ticipation – concerns fundamental rights in an vices must be established. Norway’s efforts are open and democratic society. Work in the second not to compensate for any failure on the part of priority area – the rule of law and legal protection – the authorities in other countries to shoulder their will place emphasis on principles of the rule of law and related mechanisms for achieving well-func- tioning and stable states. Work in the third area – equality and equal opportunities – will focus on Box 3.2 An independent gender equality and vulnerable groups in society, cultural sector An independent cultural sector is a clear sign of a vibrant civil society. Free artistic expres- Box 3.1 Digital diplomacy sion is a right in itself. The arts can also put The Foreign Service will make greater use of human rights on the agenda, encourage public strategic communication to publicise Nor- participation, debate and criticism, and foster way’s views and priorities in the field of human greater respect for human rights. A strong cul- rights. Digital communication channels, tural sector can be an effective agent of including social media and the missions’ web- change, and can contribute to state-building sites, will be used to increase awareness of and democratic processes. human rights issues and promote realisation However, an independent cultural sector is of these rights, for example by reporting on not possible unless cultural rights are discussions, decisions and universal periodic respected. There are significant differences reviews in the UN. This is also an effective both within countries and between countries way of reaching out to human rights defend- in terms of respect for cultural rights, and thus ers, civil society and groups that experience the conditions for cultural workers. The pro- oppression or discrimination, so that they in tection of copyright and other intellectual turn can influence the country’s authorities to property rights is crucial for artists to be able comply with their human rights obligations. to make a living from their work, but many The Foreign Service’s communications in countries do not have adequate legislation in this field will be intensified in the three prior- this area. As a result, artists are unable to sup- ity areas: individual freedom and public partic- port themselves, and hence the business ipation; the rule of law and legal protection; potential that the creative industries can offer and equality and equal opportunities. is not made full use of. 18 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation responsibilities, but to promote positive develop- efforts to protect and expand democratic space ments that are underpinned by national responsi- will be given priority. Freedom of expression, free- bility. dom of assembly and association, freedom of reli- gion or belief, the right to education, and access to independent media and information are all crucial 3.2 Individual freedom and public to genuine participation in, and the opportunity to participation influence, political decision-making processes. Having the opportunity to influence decisions that affect you is a fundamental condition for a living Dictators are not in the business of allowing elec- democracy, and is essential for safeguarding tions that could remove them from their thrones. shared values in a sustainable way. Technological Gene Sharp developments contribute to better information flow and more openness, but they also mean As individual freedom and public participation are increased potential for surveillance, control and key components of an open, democratic society, sanctions.
Box 3.3 The importance of a strong civil society A strong and pluralistic civil society is a driving The Government will therefore give priority force in efforts to promote democratic develop- to strengthening its cooperation with civil soci- ment, the rule of law and human rights. Civil ety in its partner countries, and in its general society is by nature diverse, being made up of human rights work. In particular, the Govern- groups with different – and sometimes conflict- ment will support civil society in countries ing – interests, not least in countries where where there are considerable human rights there are major disparities or conflicts. The term challenges and where democracy is under pres- ‘civil society’ is used to refer to non-governmen- sure. In order to ensure that our efforts contrib- tal and non-commercial actors, including special ute to a real improvement in human rights, par- interest organisations, support groups, religious ticularly for vulnerable groups, it is essential to and belief groups, social movements, cultural understand the connections between the various actors and environmental organisations. civil society actors and, for example, political Cooperation with civil society is often crucial parties and extremist groups. The part each for improving compliance with human rights organisation can play must be considered in obligations. The knowledge, networks and capa- light of the political and socioeconomic context, bilities of civil society organisations are often and the extent to which it can advance human vital for dealing with acute situations as well as rights in the local setting. Norway may provide for long-term human rights efforts. Moreover, support directly to local civil society organisa- civil society, both in Norway and in other coun- tions or via Norwegian partners or international tries, plays an important part in evaluating and organisations and networks. Our support is challenging the work carried out by the Norwe- intended to reinforce the country’s own efforts, gian authorities. Civil society organisations can and should not be seen as a mere replacement. act as a catalyst and a watchdog for the authori- The Government also attaches great impor- ties in their country, and are a key source of tance to cooperating with civil society in interna- information for Norwegian missions abroad. In tional forums, and believes that the voice of civil many countries, civil society organisations are society must be heard in these settings. Norway involved in running hospitals and schools and will actively seek to ensure that civil society has providing other social services. By doing so, the opportunity to participate in a meaningful they are making important contributions to the way in multilateral human rights efforts. It is implementation of the country’s plans for the important to prevent threats, attacks and repris- health, education and social welfare sectors, and als against human rights defenders and other thus helping to build up the country’s own actors that cooperate with multilateral organisa- capacity to fulfil its human rights obligations. tions. Civil society actors also perform valuable work in humanitarian crises. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 19 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Obstructing and silencing civil society and independent media is a threat to democracy. In 3.2.1 Freedom of expression many countries, human rights defenders, trade union representatives, editors, journalists and I do not agree with what you have to say, but I’ll bloggers are harassed or subjected to arbitrary defend to the death your right to say it. imprisonment, summary trial, threats or torture. Evelyn Beatrice Hall in ‘The Friends of Voltaire’ They may even disappear or be killed. There have Freedom of expression is enshrined in global and also been instances of authorities obstructing regional human rights conventions, and is pro- artistic freedom and shutting down forums for tected in the constitution and other legislation of presenting arts and culture, and failing to protect most countries. Freedom of expression is the very artists and cultural workers from pressure and foundation of democracy. The right of the people abuse from other groups in society. A number of to seek and receive information and to express countries have passed restrictive laws making it their opinions freely is a prerequisite for partici- difficult to register NGOs and limiting their scope pating in society and political life. Freedom of of action, often under the pretext of anti-terror leg- islation or other security legislation. In some countries, civil society organisations are subjected to restraints and unwarranted reporting require- Box 3.4 Freedom of expression ments, as well as to conditions and restrictions for and freedom of the press under foreign financial support. Although there has pressure been an increase in the number of civil society Freedom of expression and freedom of the organisations globally in recent decades, the num- press are under pressure in a number of coun- ber of independent organisations has declined in tries. Killings of journalists, denying journal- many countries as a result of requirements and ists access to conflict zones, and censorship restrictions of this type. and blocking of social media are just some examples of measures used by states to restrict criticism and stifle dissent. Sustained efforts must be made to stop attacks on and killings of journalists, and when such inci- dents occur, they must be investigated and the perpetrators brought to justice. For every jour- nalist that is killed, many other people are pressured to silence. According to Freedom House, the share of the world’s population that live in a country with free media is declining, and was just 14 % in 2013.1 During the past decade there has also been an increase in violence against jour- nalists – not least women journalists – because of their work. In many countries, journalists are harassed, attacked, arrested or killed. According to the International Federation of Journalists, 123 journalists and media workers were killed in 2013. Photographers and photo- journalists are often particularly at risk. The UN has adopted several resolutions and a plan of action on the safety of journalists and the issue of impunity, which are supported by Norway. Norway also supports UNESCO and media organisations that are working to improve the safety of journalists.
1 Freedom House, Freedom of the Press 2014.
Figure 3.1 Tomaso Marcolla, Italy 20 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation expression is not limited to what is said or pub- lished in traditional mass media such as newspa- 3.2.2 Freedom of the press and independent pers, radio and television. It also applies to expres- media sions and views that are shared on the internet, including on social media. Nor does freedom of A free press is the unsleeping guardian of every expression apply only to information and ideas other right that free men prize. that are popular or uncontroversial – but also to Sir Winston Churchill those that may be perceived as controversial, Free and independent media underpin any vibrant shocking or offensive. Those who express criti- democracy. They disseminate knowledge, views cism of power may have a particular need for pro- and ideas that are necessary for the development tection. A free and open internet is vital for the of society and for individuals’ ability to exercise freedom of expression. their rights. A strong, diversified and independent Freedom of expression is restricted and media sector can be a critical corrective to the obstructed by many regimes, in part through the abuse of power, corruption and lack of transpar- misuse of national legislation on blasphemy and ency. If the media are to carry out their role as a defamation. The obstruction of freedom of expres- fourth power in society, the necessary framework sion is a reliable indicator that a regime is becom- must be in place, including legislation that pro- ing increasingly undemocratic. Only in excep- tects the confidentiality of sources and bans cen- tional cases can restrictions to the freedom of sorship. Independence of the media, freedom of expression be justified. Any restriction must have the press, freedom of expression and the right of a legal basis in national legislation, serve a legiti- access to information are vital if the media are to mate aim, and be necessary in a democratic soci- be able to perform their intended function in a ety. democratic society governed by rule of law. Challenges arise when manifestations of free- However, in many countries the media are dom of expression violate the rights of other peo- threatened, their offices are ransacked, and their ple, including hate speech that incites violence. activities are closed down. Media licensing rules Although states are obliged to implement meas- ures against expressions that encourage hatred and intolerance of individuals or groups, finding the right balance can be difficult. The Govern- ment’s message is twofold: hate speech must be addressed, while freedom of expression must be respected. The Government places a strong emphasis on knowledge, openness, freedom of information and dialogue in its efforts. The Government considers freedom of expres- sion crucial to the realisation of other human rights, and will give higher priority to promoting freedom of expression in its foreign and develop- ment policy.
Priorities: engage actively in promoting the right to seek and receive information and to freely express opinions in multilateral forums and in bilateral cooperation; contribute to improved protection of journal- ists and other media workers, bloggers, writers and others who practise free artistic expres- sion; develop a strategy for promoting freedom of expression and independent media in foreign and development policy. Figure 3.2 Egil Nyhus, Norway 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 21 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation and tax legislation are misused to obstruct the support training for journalists in the fields of work of the media. In countries where the authori- human rights, ethical journalism, quality jour- ties own or control the media, the opposition may nalism and safety; well not be given a voice when elections are held, combat impunity for attacks on and killings of which can be decisive for the election result. New journalists and media workers. communication channels and platforms are also increasingly being regulated, controlled and sanc- tioned by the authorities. The concentration of 3.2.3 Freedom of assembly and association media power in the hands of a few private owners Freedom of assembly and association make it pos- can also impede the media’s ability to act as a sible for people to express their political opinions, watchdog in relation to the exercise of power in exercise their religion, form and join political par- both the public and the private sector. In countries ties and trade unions, engage in the arts and where journalists and editors are subjected to choose leaders to represent their interests. These pressure and threats, self-censorship increases freedoms are essential to strong and stable and democracy suffers. democracies and to the realisation of other human Norway plays a leading role in international rights. The importance and the vulnerability of efforts to promote free and independent media, freedom of assembly and association become par- particularly in conflict areas and countries where ticularly evident when countries are preparing for democracy is under pressure. As part of this and conducting elections and referendums. work, the Ministry will support the development Many countries have adopted legislation that of institutions and codes of press ethics inspired restricts freedom of assembly and association, the by the Norwegian Press Complaints Commission, activities of human rights defenders, and the the Editors’ Code of Practice and the Code of Eth- opportunities for civil society to participate in ics of the Norwegian press. decision-making processes on all levels. This include bans on peaceful demonstrations and rules that make it difficult to register NGOs and Priorities: labour organisations, or that impose restrictions support the development of legislation and on foreign financial support. institutions that safeguard the independence of Norway places great emphasis on promoting the media, combat censorship and promote freedom of assembly and association internation- public access to information; ally, and draws on the experience gained through the large number of clubs and organisations in
Box 3.5 A free and open internet In a short space of time, the digitisation of soci- just as much as offline, and the Government ety has brought about profound changes in the places great emphasis on the importance of an ways in which people interact and communicate, unfragmented, free and open internet. Norway and has contributed to the evolution of new is opposed to any development that gives states democratic channels and to global economic greater control over the internet, and has there- development. Regulation of the internet has fore not supported processes that could lead to largely come about through private agreements the development of new international regula- within the framework of domestic legislation tions for digital space. The preservation and and jurisdiction. A number of countries have development of digital space as a catalyst for advocated increased state control over cyber- innovation and for social and economic develop- space in general and the internet in particular, ment is a Government objective. In order to with reference to the principles of national sov- achieve this objective, close cooperation is ereignty and non-interference. For the most needed both among states and between the pri- part, this reflects a desire to regulate and con- vate and public sector, nationally and interna- trol the dissemination of information – which tionally. The Government will work for a free may well be critical of the authorities – within and open internet that respects privacy, freedom their own borders. The Norwegian authorities of expression and other human rights. have long held that human rights apply online 22 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Norway and our strong tradition of cooperation. The work of human rights defenders is invaluable One example is the cooperation between the for the realisation of human rights and crucial for authorities and the social partners in promoting the development of democracy and the rule of law. employers’ and employees’ organisations and Human rights defenders promote civil and politi- social dialogue in other countries. cal rights as well as economic, social and cultural rights. They are individuals or groups that act to improve the protection and implementation of Priorities: human rights without the use of violence or force. work to ensure that national authorities pro- They defend the rights of other people, and are mote and respect freedom of assembly and often advocates for vulnerable and marginalised association, both in legislation and in practice; groups who are not able to defend themselves. promote respect for freedom of assembly and The authorities in many countries view the association through the UN and other interna- work of human rights defenders as a threat to tional organisations, civil society and various established power structures. On several occa- organisations at national level that we cooper- sions, the UN has expressed grave concern about ate with. the increasing extent to which human rights defenders are threatened, stigmatised, intimi- dated, subject to reprisals and violence, or even 3.2.4 Protection of human rights defenders killed, and about the failure to prosecute those responsible. The UN Special Rapporteur on the When the rights of human rights defenders are situation for human rights defenders has particu- violated, all our rights are put in jeopardy and larly drawn attention to threats against women all of us are made less safe. human rights defenders and those who address Kofi Annan
Box 3.6 Support for democratic development Respect for human rights is a cornerstone of Institute for Democracy and Electoral Assis- democracy, just as true democracy is a prerequi- tance (IDEA) is another key partner for demo- site for the realisation of human rights. Nor- cratic development. IDEA supports, inter alia, way’s continual, long-term efforts to strengthen electoral reform, constitutional reforms, and and advance human rights, for instance through increased political participation. IDEA is an the normative work carried out in the UN and intergovernmental organisation, with 29 mem- the Council of Europe, make a substantial contri- ber states from all regions of the world. bution to strengthening democracy. The Norwe- Another important partner in this context is gian authorities are broadly engaged in the the Norwegian Resource Bank for Democracy Organization for Security and Co-operation in and Human Rights (NORDEM). NORDEM Europe (OSCE) and the Council of Europe, the recruits, trains and deploys experts on the rule two most important intergovernmental organi- of law, human rights, democracy building, good sations for monitoring and promoting the devel- governance, and election assistance and obser- opment of democracy in Europe and Eurasia. vation to the UN, the EU, the OSCE and IDEA. The Government will emphasise support for Other standby rosters that are drawn on for democratic governance at country level, and is a international democracy efforts include the Nor- major contributor to the United Nations Devel- wegian Crisis Response Pool, which deploys opment Programme (UNDP). One of the main legal experts to assist with crisis management objectives of UNDP is to assist countries in and justice sector reform, and the Norwegian developing systems that promote democratic Refugee Council emergency roster (NORCAP), governance, in part by helping countries organ- which deploys experts to the UN, regional ise elections. Through its membership on the organisations and national authorities to allevi- Executive Board, Norway is actively engaged in ate humanitarian crises. The Government will strengthening the organisation’s follow up of seek to ensure that these schemes function as human rights compliance. The International efficiently as possible. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 23 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Box 3.7 UN resolution on women human rights defenders Norway is the main sponsor of the UN resolu- der the possibility of developing an ‘early war- tions on human rights defenders, and presents ning’ system; international initiatives to reinforce their protec- – ensure that relevant human rights training is tion. This is challenging terrain, both in the UN given to the appropriate officials, including Human Rights Council and in the UN General the police, the prison services and the courts; Assembly, where there are divergent views on – support the role of national human rights the role of human rights defenders in society. institutions in protecting human rights defen- In the autumn of 2013, Norway – in close ders, and strengthen their capacity; consultation with civil society organisations – – ensure that those responsible for attacks on initiated a new resolution in the UN General human rights defenders – including non- Assembly emphasising the role of women governmental actors – are prosecuted, and human rights defenders.1 The resolution call on the authorities to condemn such atta- reflects the content of the guide for our Foreign cks; Service, Norway’s efforts to support human – ensure that due consideration is given to rights defenders, which calls upon states to: women human rights defenders and the par- – publically acknowledge the role and work of ticular challenges they face. human rights defenders; – ensure that national legislation is in line with The General Assembly resolution has given an international obligations and does not restrict international voice to these important aims. The human rights defenders in their work; resolution is a step in the right direction. How- – develop mechanisms for consultation with ever, there is a vast gap between what the mem- human rights defenders in order to identify ber states have agreed to and the reality experi- their need for protection and to outline effe- enced by human rights defenders in many parts ctive protection measures; of the world. The Norwegian authorities will – involve civil society and human rights defen- continue to seek to translate this UN resolution ders in decision-making processes and the into practice, through our foreign missions and development of new legislation; partners at country level, and by maintaining – establish a focal point for human rights defen- our active international engagement. ders in the central administration, and consi-
1 UN General Assembly Resolution 68/181 of 18 December 2013.
human rights questions related to land rights and Norway’s Foreign Service guide to this work the exploitation of natural resources. will be revised in light of the increased pressure Protection of human rights defenders has long on human rights defenders throughout the world. been a key priority for Norway. Our overall objec- tive is for human rights defenders to be able to carry out their work of promoting and defending Priorities: human rights in all parts of the world without play a leading role in UN negotiations on pro- restrictions or threats to themselves or their fami- tection of human rights defenders, and seek to lies. The Norwegian authorities support human intensify efforts to implement the resolutions rights defenders and their work through direct adopted by the UN General Assembly and the contact, economic support, and dialogue with the Human Rights Council; relevant national authorities, as well as through increase support for regional initiatives and the work of organisations such as the UN, the other schemes for protecting human rights Council of Europe and the OSCE. Norway aims to defenders, not least women human rights play a leading role and to cooperate with partners defenders; in various regions to combat the increased pres- engage in close dialogue with organisations sure on human rights defenders and to support working to protect human rights defenders on their work. how best to deal with the increased pressure they are experiencing. 24 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
Figure 3.3 United Nations Human Rights Council resolution 22/6, sponsored by Norway and adopted by the Council in March 2013. Source: Human Rights House Foundation 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 25 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
religion or belief as a pretext to justify measures 3.2.5 Freedom of religion or belief that are illegal. The pressure on freedom of reli- Freedom of religion or belief means that all people gion or belief is greatest in times of major political have the freedom to practise their religion or and economic upheaval, when differences of reli- belief, either alone or in community with others, gion or belief can be used by those seeking power in public or private. It also covers the freedom to to split the population and to consolidate their convert to another religion, to question another’s power base. Developments in the Middle East religion or belief, or to adopt atheist views. Free- show that extreme situations can arise, involving dom of religion or belief is closely linked to free- the persecution and even mass killing of religious dom of expression, the right to privacy and free- minorities. dom of association and assembly. The right to freedom of religion or belief Violence, intolerance and discrimination based should protect individuals, not ideologies or reli- on religious affiliation or faith is a problem, even gions. Banning religious criticism may lead to cen- in established democracies. Religious minorities sorship on religious issues, to the detriment of are most often affected, and may find their free- religious minorities, human rights defenders and dom of religion or belief restricted in relation to journalists. The Norwegian authorities therefore the religion of the majority of the population. This take a stand against groups of countries and can also apply to minority groups within the organisations that seek to limit freedom of expres- majority religions. In some countries, however, sion with a view to preventing criticism of reli- the majority of the population is subjected to dis- gions or religious figures. crimination by a ruling minority. Sometimes, free- In order to raise the issue of the situation for dom of religion or belief is misused to limit the religious minorities in other countries with credi- rights of individuals or to deprive them of their bility, the Norwegian authorities must also be will- rights, as in the case of practices that discriminate ing to examine the situation of religious minorities against women, or when states use freedom of in Europe, both today and in the past. Norway therefore participates actively in international efforts to promote Holocaust remembrance, for Box 3.8 The Ministry’s guidelines example through membership of the International on human rights work Holocaust Remembrance Alliance, an intergov- ernmental organisation whose mandate includes In the Ministry’s efforts to achieve an inte- education, research and the preservation of war grated approach to human rights work, sev- monuments. The Norwegian authorities also eral sets of guidelines have been developed. work to promote freedom of religion or belief at The objective of these guidelines is to the multilateral level and bilaterally, with particu- strengthen the knowledge base in the Foreign lar emphasis on the situation of religious minori- Service on key human rights issues, and to ties. Long-term awareness-raising activities and provide practical and technical advice on how the involvement of religious and faith-based the Foreign Service can maintain, intensify organisations are necessary in order to improve and systematise its efforts to promote human the situation of religious minorities. Norway coop- rights at country level. These guidelines are erates closely with civil society organisations and also designed to strengthen the work of the like-minded countries in this work. Foreign Service in multilateral forums and in consultations on human rights at the political level. Priorities: Guidelines have been developed on the fol- seek to ensure that national authorities pro- lowing topics: sexual and reproductive health mote and respect freedom of religion or belief, and rights, the rights of religious minorities, both in legislation and in practice, and espe- the rights of indigenous peoples, the rights of cially work to improve the situation of religious sexual minorities, the rights of persons with minorities; disabilities, work to protect human rights work to ensure that religious and belief groups defenders, and efforts to abolish the death respect human rights, both within their own penalty. Further development of the Foreign groups and in relation to society as a whole; Service’s work to promote and protect human seek to ensure that respect for religion does rights will build on these guidelines. not limit freedom of expression or other human rights. 26 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 2014–2015 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation
tral ground before, during and after a conflict. An 3.2.6 The right to education important aspect of the Government’s focus on safeguarding children’s right to education is its When the whole world is silent, even one voice efforts to protect schools in countries affected by becomes powerful. war and conflict, and it has taken on the responsi- Malala Yousafzai bility of leading the process to finalise and pro- mote the Safe Schools Initiative put forward by Education is vital to an individual’s personal devel- the Global Coalition to Protect Education from opment, and is an important factor for realising Attack. and strengthening other human rights. Education In order to strengthen the capacity of individu- promotes equality and equal opportunities, par- als to claim their rights and to demand that these ticularly for vulnerable groups, and facilitates rights be respected, the Government will also empowerment and participation. When teenage focus on the promotion of human rights educa- girls receive an education, there is a decline in tion. Knowledge about human rights promotes child marriage and teenage pregnancies, and a increased respect for our fellow human beings reduction in maternal and infant mortality. Educa- and helps to combat prejudice and stereotypes. tion enhances girls’ social status, increases their This is also essential if human rights are to be awareness of their rights, empowers them to respected and observed in practice. The Norwe- make their own choices and, not least, equips gian authorities will seek to make learning about them to support themselves (and their families human rights a compulsory part of education for when the time comes), as well as improving their all children, in line with the Convention on the reproductive health. Rights of the Child. The Norwegian authorities Although all children have the right to educa- will also seek to increase awareness of human tion, both access to and quality of education are rights among key occupational groups, such as very unevenly distributed. As many as 57 million teachers, health and social service personnel, poli- primary school-aged children and 70 million ticians, judges, lawyers, police officers, military young people are not in school. Approximately personnel, business leaders, journalists and the half of all out-of-school children live in conflict- media sector in general. affected countries. Girls, children with disabilities, Norwegian students and academics have long- and children living in extreme poverty and in standing traditions of international cooperation rural areas are overrepresented among those not with students and academics in developing coun- attending school.1 The Government has therefore tries. Universities are often at the centre of made education a priority area for its development demands for democratic change and respect for policy, and presented a white paper on education human rights, and those who play an active role in for development in June 2014.2 The three main such processes of change, may be subjected to dif- objectives for Norway’s global education effort ferent types of sanctions, such as not being are to help ensure that all children have the same allowed to complete their studies. The Ministry opportunities to start and complete school, that all supports a scheme that makes it possible for per- children and young people learn basic skills and secuted students to continue their studies in Nor- are equipped to tackle adult life, and that as many way. as possible develop skills that enable them to find gainful employment. There is a growing tendency for schools in Priorities: countries experiencing conflict to be directly take a leading role in global efforts to ensure affected. In some situations, military groups take over school premises, while in other situations relevant education of good quality for all, with a particular focus on girls, children with disabili- schools are directly attacked for ideological rea- ties, the poorest children, and children affected sons, as we have seen with girls’ schools in Paki- by crisis and conflict; stan. Schools are often used as an arena for be at the forefront of efforts to ensure that spreading hatred and reinforcing existing ten- international humanitarian law is respected sions. It is vital that schools seek to provide neu- and that the militarisation of and attacks on schools and universities stop, including by 1 UNESCO’s Global Monitoring Report (GMR) 2013/4. Based on data from 2011, these are the most recent figures playing a leading role in promoting the Safe available. Schools Initiative internationally; 2 Meld. St. 25 (2013–2014), Education for Development. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 27 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation