Meld. St. 10 (2014–2015) Report to the (white paper)

Opportunities for All: Human Rights in ’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 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 ...... 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 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 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 ...... 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 : 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 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 Human Rights Figure 4.3 Ria Shah, ...... 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, ...... 87 Figure 3.10 Maryla Rarus, Poland ...... 37 Figure 7.2 Mathieu Daudelin Pilotte, 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, ..... 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- ’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 (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 , 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 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 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

work to disseminate knowledge about human authorities. Legal protection should also ensure rights, with a particular focus on teachers and that individuals are safeguarded against violent key personnel in the justice sector, civil society acts committed by other citizens, for example and the media. through organised crime or terrorist acts. Individ- uals should enjoy predictability with regard to their legal status and be able to defend their legal 3.3 The rule of law and interests. legal safeguards 3.3.1 Reinforcing the rule of law True freedom requires the rule of law and justice, A well-functioning legal system is vital for ensur- and a judicial system in which the rights of some ing that human rights are respected, and for main- are not secured by the denial of rights to others. taining a true democracy. The right to a fair trial Jonathan Sacks includes the right to be tried before impartial and independent judges and access to a defence coun- Human rights, democracy and the rule of law are sel in criminal cases, adherence to the principle of closely related and mutually dependent. Respect hearing both sides of a case, and the right to a for human rights is crucial to democracy; but at the decision within a reasonable period of time. The same time, human rights are merely empty words right to a fair trial is a cornerstone of several of the without institutions to ensure that they are upheld global and regional conventions on human rights. and properly protected. These institutions include However, a number of countries do not have courts, the police, national assemblies, national an independent judiciary. This is particularly the human rights institutions and monitoring bodies to case in countries where respect for human rights oversee the implementation of human rights. is weak. The reasons for this are many, and Legal protection is a key element of the rule of include insufficient capacity, expertise and eco- law. It means that individuals are protected nomic resources, as well as corruption, inade- against abusive or arbitrary treatment by the quate legislation, ineffective administration and political pressure. In some cases, the political pressure is so strong that the courts are seen as controlled by the authorities, and even used to suppress the opposition and human rights defend- ers. Another important factor is the economic, socio-cultural and psychological barriers that many people experience, especially in poor coun- tries, where the only real opportunity to have their rights upheld is through other mechanisms, such as conflict resolution boards and ombudsmen. Local and national courts face particular chal- lenges in cases where foreign interests are involved, such as cases involving international companies or criminal cases against foreigners. The Norwegian authorities have built up expe- rience in supporting institution building and strengthening the justice sector in partner coun- tries. Norwegian efforts can help to build capacity and enhance the degree of independence of the court system, to strengthen independent national human rights institutions and monitoring bodies, and to fight corruption and the abuse of power. The Norwegian Ministry of Justice and Public Security and the Norwegian justice sector have extensive experience in helping to develop the rule of law in a number of regions, particularly in the Middle East and the Balkans, but also in the Figure 3.4 Massimo Dezzani, Italy Caucasus and and in connection with 28 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 operations in Africa. The Crisis Response Pool is The right to life is enshrined in both global and made up of personnel from the Norwegian justice regional human rights conventions. The right to sector who can be deployed to international life and respect for human dignity and inviolability organisations or in accordance with bilateral are underlying premises on which all other agreements. They provide advice and assistance human rights and fundamental principles of the in the development of independent courts, the rule of law are based. The authorities must not rule of law and democracy. only respect the right to life themselves, but also ensure that others do so, for example through the criminalisation and investigation of murder and Priorities: the protection of citizens against terrorism. Use of promote fair and effective legal systems based the death penalty, torture and other cruel, inhu- on respect for human rights, particularly man or degrading treatment or punishment is a through training activities and cooperation at violation of these principles, and is in itself inhu- expert level within the justice sector; mane. help to enhance legal protection and transpar- Despite an absolute prohibition on torture, it is ency in the court system in individual coun- still widely used. According to Amnesty Interna- tries, particularly through court observation tional, the use of torture was documented in 112 and support for the courts administration; countries in 2012.3 In many of these, torture is help to develop national conflict resolution used systematically, i.e. it is accepted or even boards and monitoring bodies. actively used by the country’s authorities them- selves. Torture may be used to obtain a confes- sion or information, as a punishment, as an act of 3.3.2 Combating torture and abolishing discrimination, or to break down individuals by the death penalty inflicting serious physical or psychological pain.

An eye for an eye makes the whole world blind. 3 Mahatma Gandhi : Human Rights, Facts and Figures, 2013.

Accreditation of National Human Rights Institutions, May 2014

Type of Accreditation: A - Compliant with Paris Principles B - Observer Status - Not fully compliant with the Paris Principles or insufficient information provided to make a determination C - Non-compliant with the Paris Principles No application for accreditation No Data Available

Note: The boundaries and the names shown and the designation used on these maps do not imply official endorsement or acceptance by the united Nations.

Figure 3.5 Accreditation of national human rights institutions as of May 2014. The Storting decided on 19 June 2014 that Norway should establish a new national institution for human rights, organised under the Storting, that is to be in operation from 1 January 2015. Source: Office of the High Commissioner for Human Rights 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 29 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

or in cases where it is used for actions that cannot be considered as the most serious crimes.4 The Box 3.9 National human rights UN Special Rapporteur on extrajudicial, summary institutions or arbitrary executions defines the ‘most serious Since 1993, the UN General Assembly has rec- crimes’ as those involving intentional killing.5 The ommended that states establish a national obligation of all states to combat extrajudicial exe- human rights institution (NHRI) in accord- cutions and to ensure a fair trial in cases where 1 ance with the Paris Principles. These princi- the death penalty could be imposed is a key part ples are flexible standards, but they place par- of the obligation to protect the right to life. ticular emphasis on independence from The setbacks in the fight against torture and national authorities. The main objective of a the death penalty in recent years highlight the national human rights institution is to assist need to sustain the efforts in this field. the public, NGOs and individuals by providing advice, reports and information on specific issues or individual cases relating to human Priorities: rights. NHRIs can apply to the International work to ensure that all countries abolish the Coordinating Committee for National Human death penalty by law or introduce a moratorium Rights Institutions (ICC) for accreditation on on executions, and join an international ban of the basis of compliance with the Paris Princi- the use of the death penalty; ples. NHRIs that are considered to fully com- host the sixth World Congress against the ply with the Paris Principles are given ‘A’ sta- Death Penalty in 2016; tus by the ICC. This is internationally recog- promote full respect for the absolute prohibi- nised as a stamp of quality. tion against torture and other cruel, inhuman or degrading treatment or punishment, includ- 1 Principles relating to the Status of National Institu- tions, adopted by the UN General Assembly on 20 ing effective prevention in accordance with December 1993, by resolution 48/134. international rules.

3.3.3 Combating corruption In the fight against terrorism, the prohibition against torture has been violated in various parts Power tends to corrupt, and absolute power cor- of the world. For many years, the Norwegian rupts absolutely. authorities have supported the international effort Lord Acton to end torture, seeking both its prevention and the rehabilitation and treatment of torture victims. Corruption is one of the greatest obstacles to International death penalty trends lean development and the realisation of democracy, the towards abolition. In 1945, when the UN was rule of law and human rights. Corruption makes it established, only eight states had abolished the difficult to develop democratic institutions and death penalty for all crimes. By 1977, the figure undermines existing ones. It slows economic had risen to 16, and today approximately 160 of growth and destabilises societies. The purchase the 193 UN member states have abolished the and sale of votes is incompatible with fair elec- death penalty either by law or in practice, accord- tions. When the police and courts accept bribes, ing to the Office of the High Commissioner for legal protection is undermined, and the principle Human Rights. However, in 2012 and 2013, there of equality before the law is violated when people was an increase both in the number of countries have to make unofficial payments for public ser- that use the death penalty and in the total number vices they are entitled to. Economic development of executions. Norway is playing a leading role in is slowed, as corruption discourages foreign the international fight against the death penalty. investment and can result in impossible ‘start-up When the death penalty is carried out in a particu- costs’ for small enterprises in the country con- larly inhumane way or used against minors, preg- cerned. Oversight and transparency in the public nant women or persons who cannot be deemed administration and government budgets are cru- criminally responsible, this is a clear violation of international law. So too is the use of the death 4 Article 6 of the International Covenant on Civil and Political penalty in cases where proper legal safeguards Rights. 5 have not been ensured during the legal process, See report of the Special Rapporteur on extrajudicial, sum- mary or arbitrary executions A/67/275. 30 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 3.10 Norwegian support for the rule of law in the Western Balkans Support for the development of good govern- ance, including the rule of law and justice sec- tor reform, will continue to be a priority for Norway’s efforts in the Western Balkans. Jus- tice sector reform will be crucial for ensuring the independence of the courts and the ability of these countries to effectively protect human rights. Without credible reforms in this area, these countries will not be able to meet the rule of law requirements for EU membership or comply with the European Convention on Human Rights. A sound justice sector in the region is also in Norway’s interest, as this will increase the effectiveness of cooperation on transnational crime, for example the fight against human trafficking. This is why the Norwegian authorities are providing experts to the EU Rule of Law mission in Kosovo (EULEX) through the Norwegian Resource Bank for Democracy and Human Rights (NORDEM), among others. Figure 3.6 Aditya Mehta, India cial in order to hold the authorities accountable on Corruption and their additional protocols. The and to ensure that political decisions and budget Group of States against Corruption was estab- allocations are followed up. Respect for the right lished by the Council of Europe to monitor states’ to insight and information is therefore important. compliance with its anti-corruption standards. Independent media can also play a key role in The Government considers the fight against exposing corruption. corruption as an important and integral part of its Corruption is prohibited by Norwegian law, efforts to help other countries to establish sys- whether it takes place at home or abroad. The tems to ensure good governance and to prevent, same applies, inter alia, to UK and US law. Corrup- expose and prosecute cases of corruption. The tion may directly cause violation of human rights Norwegian authorities are also at the forefront of such as protection against discrimination, equality efforts to strengthen the multilateral and regional before the law, freedom of expression and the right organisations’ work in this field. Our main focus is to a fair trial. Corruption can also threaten freedom on bilateral cooperation, work with the interna- of the press when media that help to expose unac- tional business sector and efforts to promote ceptable practices are subject to abuse of power. financial transparency. Individual journalists are often targeted, and news- papers, radio stations or other media may be par- Priorities: tially or completely closed down. Although freedom from corruption is not set practise zero tolerance for corruption and out as a separate human right, its status can be other economic irregularities, including by inferred from several international and national requiring that payments from Norway are paid instruments, including the UN Convention back and those responsible prosecuted in against Corruption. Several Council of Europe cases of corruption, and by considering a conventions are also important in the fight against freeze on further aid in serious cases; corruption, including the Criminal Law Conven- continue support for mechanisms and initia- tion on Corruption and the Civil Law Convention tives to fight corruption and increase transpar- 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 31 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

ency in public administrations, in particular rights conventions at both global and regional financial transactions, including the mecha- level. Respect for and protection of privacy is a nisms and initiatives established by the UN, the fundamental part of democracy and the rule of OECD, the Council of Europe and other rele- law. It includes individuals’ right to decide over vant bodies, as well as the international financial their private life and personal data. Protection of institutions and various regional mechanisms; privacy not only entails protecting individuals’ help recipient countries boost their capacity to integrity and private life; it also makes it possible prevent and fight corruption, with a particular for everyone to take part in a free exchange of focus on support for institution-building, views and in political activities, and to be confident national quality assurance systems, training, that neither the authorities nor others will register transparency and control mechanisms. or store information about their communication with others, their movements, their interests or the opinions they have expressed. Protection of 3.3.4 Protection of privacy privacy is particularly weak in countries with inad- The protection of privacy is part of the right to pri- equate legislation and capacity to ensure proper vacy, and is recognised in a number of human protection of the private sphere. Political will is

Box 3.11 Initiatives to increase transparency and cooperation with civil society In 2011, Brazil, Indonesia, Mexico, Norway, From 2011 to 2014, the number of countries South Africa, the Philippines, the UK and the US participating in OGP increased from 8 to 65. founded the Open Government Partnership Norway was on the steering committee from (OGP). OPG is an international platform for 2011 to September 2014. The Ministry of Local countries wishing to modernise their societies, Government and Modernisation has been Nor- with particular focus on close cooperation way’s contact point for OGP. between the authorities and civil society to Norway is also a key supporter of the Extrac- improve the welfare of the population. This tive Industries Transparency Initiative (EITI). involves increasing the transparency of the pub- The EITI Standard is a global transparency lic administration, including financial transac- standard which requires that companies in the tions and allocations, improving the quality of extractive industries publish what they pay in services provided by the public sector, and tax to the countries they are operating in, and enhancing corporate social responsibility. A key that the authorities in those countries publish element is transparency of revenue flows the amount of revenue they receive. Compliance between the government administration and the with the EITI Standard is monitored by civil various sectors, such as oil, gas and other natu- society. Transparency of payments means that ral resources. Another important element is people know more about what funds are availa- transparency of development aid and the results ble for public spending, and can more easily achieved. form an opinion as to how these funds should be Each country participating in OGP is to draw spent. In resource-rich countries, the amounts up a two-year action plan to address its particu- may be huge. EITI is thus important both for the lar challenges. These action plans are to reflect fight against corruption and for efforts to pro- the principles of open government – transpar- mote democracy. ency, public participation and accountability – The EITI secretariat is situated in, and with emphasis on technology and innovation. receives economic support from, Norway. In The action plans, which are to be drawn up in September 2014, 46 countries were taking part consultation with civil society, are to be evalu- in the EITI; 29 of these, including Norway, are ated by an independent reporting mechanism. compliant countries, and 17 are candidate coun- Civil society is also represented on the steering tries. The Norwegian authorities will seek to committee. The action plans can include both encourage more countries to implement the measures for the country concerned and meas- EITI and comply with its standard. ures involving other countries, for example using aid to enhance these countries’ ability to provide good services for their populations. 32 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 also a key factor. Human rights defenders, journal- that the right to privacy also applies to cyber- ists and others who may be perceived to be a space, international rules are generally not formu- threat to the established power structures are par- lated to take this into account. The Government ticularly, and increasingly, subject to surveillance has set up a committee to map cyber security vul- and other violations of privacy. nerability and propose concrete measures to Individuals’ right to privacy and to decide over enhance preparedness and reduce vulnerability in their personal data is not absolute. Surveillance Norway. The committee has also been mandated and information gathering may be necessary for to describe the key restrictions under interna- security reasons, but must only be carried out in tional law on gathering information from other accordance with stringent legal safeguards, in countries and the relationship between the right order to avoid violating human rights. Interfer- to privacy and the gathering of information. The ence with an individual’s privacy is only permissi- committee is to submit its report in September ble when carried out in accordance with legisla- 2015. tion, when there is a legitimate objective, and Norway is actively engaged in the interna- when this is necessary in a democratic society. tional efforts to protect privacy in cyberspace. The protection of privacy is being threatened Norway is also taking part in the negotiations on by the digitisation of society. We are all leaving the EU’s General Data Protection Regulation, the extensive digital footprints, which singly or in aim of which is to protect citizens’ privacy and to combination can be sensitive. An increasing pro- create economic growth by facilitating cross-bor- portion of electronic communication is crossing der trade. Cooperation with the private sector is borders, either directly between individuals in dif- also important in the work to ensure a free and ferent countries, or indirectly when information open internet where the protection of privacy and for a recipient within the same country as the other human rights are respected. sender is transmitted via satellites or other tech- nology that is situated in another country’s terri- tory. Even though international human rights Priorities: monitoring bodies have decided in several cases work to ensure the protection of privacy in cyberspace; work to ensure that the protection of privacy is protected in national legislation and that inter- ference with an individual’s privacy is subject to stringent legal safeguards.

3.3.5 The right to own property The right to own property is enshrined in the 1948 Universal Declaration of Human Rights, but it is not regulated in the International Covenant on Civil and Political Rights or the International Cov- enant on Social, Economic and Cultural Rights. The right to own property is, however, regulated by several regional instruments, including the First Protocol to the European Convention on Human Rights. The right to own property can also be inferred to some extent from other human rights, such as the right to protection against dis- crimination and the right to a fair trial. Other prop- erty rights, including collective land rights and traditional land use rights (in particular grazing rights and the right to use uncultivated land, which are essential for nomadic peoples), are included in various regional conventions and con- ventions on specific matters. The right to own private property is crucial to Figure 3.7 Michael Salceda, Mexico a genuine, effective market economy, and is also 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 33 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

Box 3.12 Clarification of property rights in the wake of conflicts and crises Problems often arise in connection with the doc- Property Agency have also helped to resolve umentation and legal clarification of property property disputes that have arisen after the hos- rights following armed conflicts or humanitarian tilities in Kosovo. The Norwegian authorities crises. Registration of ownership is important will also continue to support the efforts to for the opportunity to take up a loan and for strengthen economic rights in the Western Bal- attracting investment, and thus creating new kans. economic growth. Another example is the Philippines. When This can be seen, for example, in the West- the typhoon Haiyan struck in November 2013, ern Balkans in the wake of the 1990s wars. A millions of people lost their homes. Many of great deal of documentation was lost or was those who were internally displaced have also taken when people were forced to flee their been at risk of being evicted as a result of gov- homes, and in connection with the legal situa- ernment measures in response to the disaster. tion after the dissolution of Yugoslavia. The Nor- NORCAP (the Norwegian Refugee Council’s wegian Mapping Authority has helped to secure emergency standby roster) has provided property rights through registration of owner- experts to support the UN Refugee Agency ship and surveys of private property, business (UNHCR) in its efforts to resolve these issues. property and agricultural areas. Norwegian Through negotiations with the local authorities, experts who have been deployed through the UNHCR has helped to prevent evictions and Norwegian Resource Bank for Democracy and ensure that people have been able to return to Human Rights (NORDEM) to the EU Rule of their rightful homes. Law Mission in Kosovo (EULEX) and Kosovo

essential for realising economic, social and cul- tural rights, such as the right to adequate hous- Priorities: ing. The fact that many countries do not have a seek to ensure that national authorities pro- property register is a problem. Lack of clarity mote and respect the right to own private prop- regarding ownership and user rights and inade- erty, particularly for women and vulnerable quate legislation or follow-up and enforcement of groups, both through legislation and in prac- legislation are among the factors preventing peo- tice; ple in rural areas from working their way out of promote cooperation and exchange of experi- poverty. This is particularly the case for women. ence in this field between Norwegian institu- The Norwegian authorities have been at the fore- tions and institutions in relevant countries. front of efforts to reach agreement on the UN Vol- untary Guidelines on the Responsible Govern- ance of Tenure of Land, Fisheries and Forests. 3.4 Equality and equal opportunities These guidelines are particularly important for upholding the land rights of poor farmers. Another important human rights issue in this Democracy is not the law of the majority but the context relates to discrimination. In many coun- protection of the minority. tries, property rights, especially of women and Albert Camus vulnerable groups, are restricted. Discrimination may occur in connection with inheritance, buying Human rights apply to all people without distinc- a house, tax on real property, the award of tion of any kind, such as gender, ethnicity, race, licences, the sale of property, development pro- religion or belief, indigenous identity, sexual ori- jects or transfer of ownership of production facili- entation or level of functioning. The preamble to ties. The Government gives high priority to fight- the Universal Declaration of Human Rights of ing all forms of discrimination, and will also focus 1948 reaffirms the ‘dignity and worth of the on efforts to protect the right to own private prop- human person’ and the ‘equal rights of men and erty. women’. These are key principles for the norms 34 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 3.8 Sze Hang Wai, Hong Kong/Kina Figure 3.9 Eric Le, Australia that are set out in the Declaration. However, there is active resistance to these principles even today – nearly 70 years after the Declaration was Box 3.13 Discrimination based adopted by the UN General Assembly. Again and on caste again, majority groups misuse the opportunities Caste-based discrimination is a major problem provided by democracy to set aside the rights of in countries with a caste system. An estimated minorities, racism continues to raise its head in all 260 million people are affected, mainly in Asia parts of the world, and groups that have suffered and Africa. For example, sexual violence is injustice for generations are still denied their used against low-caste women to maintain con- rights. Some groups are in need of and entitled to trol over their caste, and to ensure ownership special protection. Conventions have therefore of all kinds of resources, from land to informa- been drawn up to protect the rights of specific tion. In areas where legal systems are ineffec- groups, including women, children, , peo- tive, there are often no consequences for the ple with disabilities and indigenous peoples, perpetrators. Police officers from a low caste which elaborate on the more general provisions in may be powerless to take action against perpe- the UN’s core human rights instruments. trators from a higher caste, incidents reported The Government intends to intensify its to the police are often not registered due to efforts to fight discrimination and improve the sit- widespread corruption, and there are frequent uation of vulnerable groups. This includes reports of girls who go to the police to report addressing multiple discrimination, i.e. discrimi- rape, being raped again by police officers. nation on the basis of several factors. A key aim is Norway is seeking to draw more attention to that Norwegian efforts will enable the countries the issue of caste in international forums. concerned to guarantee that all individuals can enjoy the same rights in practice. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 35 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

girls are at risk each year of being subjected to 3.4.1 Gender equality and women’s this harmful practice.6 Sex-selective abortion is on empowerment the rise. On average, women have less opportu- The most important international instrument for nity to participate in political life than men, and promoting and protecting women’s rights is the they are overrepresented in the informal econ- Convention on the Elimination of All Forms of omy. Worldwide, women receive just 10 % of the Discrimination against Women (CEDAW). total income from employment and own just 1 % of CEDAW has been ratified by nearly all UN mem- all property.7 Women and girls often have less ber states. The prohibition against gender dis- legal protection and poorer access to health ser- crimination is also enshrined in other key global vices and education than men, and their physical and regional conventions. However, a number of safety is more often threatened. Women and girls states have entered reservations against impor- from minority groups or with disabilities are par- tant provisions, with reference to national legisla- ticularly vulnerable. tion or religion. The Beijing Declaration and Plat- The gender perspective is integrated into all form for Action, adopted at the Fourth World Con- areas of Norwegian foreign and development pol- ference on Women in 1995, is another key refer- icy. Norway is at the forefront of efforts to reach ence document for efforts to promote gender global consensus on strong measures to promote equality and women’s rights. gender equality and women’s rights, and is seek- A huge number of women and girls are regu- ing to ensure that one of the Sustainable Develop- larly subjected to threats and violence, including ment Goals focuses on this issue. One of Nor- sexual violence and killings, and in many cases way’s key messages is that greater implementa- the authorities are unable or unwilling to take effective action. According to UNICEF, 125 mil- 6 Female Genital Mutilation/Cutting: a statistical overview lion girls and women have undergone female gen- and exploration of the dynamics of change, 2013. ital mutilation, and between two and three million 7 Figures from the World Bank’s World Development Indica- tors, 2009.

Box 3.14 Female genital mutilation According to UNICEF, most of the girls and followed by an open dialogue and a collective women who have undergone female genital decision to abolish the practice. Local ownership mutilation live in countries in Africa and the is crucial, but pressure also needs to be exerted Middle East, and one in five lives in Egypt.1 This through policy decisions made at a higher level, practice continues despite the fact that most legislation, education and the media. The 2012 girls and women in the affected countries want it UN General Assembly resolution on intensifying to be abolished. Fear of severe social sanctions global efforts for the elimination of female geni- and stigma are among the most common rea- tal mutilations was a breakthrough, and has sons why it is continued. become an important global framework for Female genital mutilation is a serious viola- efforts to abolish the practice. In 2014, the UN tion of the right to protection against discrimina- Human Rights Council adopted a resolution tion and the right to protection against inhuman requesting the UN High Commissioner for or degrading treatment, the right to develop- Human Rights to compile good practices and ment, and the right to the highest attainable major challenges in preventing and eliminating standard of health. In the worst cases, the lives female genital mutilation. of these girls is at risk. Child marriage and early The Government aims to strengthen interna- pregnancy are more frequent in areas where tional efforts to combat female genital mutila- female genital mutilation is practised. tion. It will seek to establish this work as a sepa- Effective methods for preventing female rate field, and ensure that it is integrated into genital mutilation have been developed in recent efforts in other relevant areas, such as women’s years. These have all taken a rights-based rights and gender equality, education, health approach that provides training in human rights, and human rights in general.

1 Female Genital Mutilation/Cutting: a statistical overview and exploration of the dynamics of change, 2013. 36 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 tion of women’s rights, including better access to tive rights, and promote international accept- resources and improved opportunities for women ance for sexual rights and for right to abortion. to exert an influence, is not only a goal in its own right, but also a driving force for sustainable development, eradication of poverty, the develop- 3.4.2 Children ment of democracy, and lasting peace. The Convention on the Rights of the Child sets Norway’s gender equality efforts take a broad out that all children have fundamental rights relat- approach that includes both women and men, ing to survival, participation, development, and regardless of ethnic background, age, sexual ori- protection against discrimination. The Convention entation or level of functioning. Everyone affected has been ratified by almost every country in the – and that means women and men, boys and girls world, but a number of countries have made – must be involved in the efforts to achieve gen- extensive reservations. There has been a positive der equality. development in recent years in key areas such as education and survival. However, the fact remains that 25 years after the Convention was adopted, a Priorities: huge number of children are still living in condi- further develop the leading role played by Nor- tions that are far below the standards set. way in efforts to promote gender equality and The authorities in each country must be held women’s rights, including combating discrimi- accountable for realising children’s rights through nation against women in legislation and practice; legislation and the establishment of the necessary seek to ensure that women are given equal institutions. They must ensure that children and rights to political and economic participation, young people are protected against violence, including equal rights to enter into agreements abuse, exploitation, and recruitment to armed and to own land and equal inheritance rights; forces, and they must give priority to safeguarding combat violence against women, in part by children’s right to survival, development, health developing a strategy to fight female genital and education when allocating resources. It is mutilation; important that measures target the poorest and strengthen women’s right to health, including most marginalised children, and that children and sexual and reproductive health and reproduc- young people have the opportunity to participate,

Box 3.15 Child marriage and According to UNICEF, an estimated 14.2 million Girls from poor families, girls living in rural girls under the age of 18 are forced into mar- areas and girls with the lowest levels of educa- riage every year. Today there are more than 700 tion are the most vulnerable. For many of them, million women who were married before the marriage marks the start of sexual abuse, dis- age of 18. A third of these women were under continued education, and high-risk pregnancies the age of 15 at the time of marriage. Some boys and childbirth. Child marriage is a violation of are also forced to marry young, but girls are dis- the rights enshrined in both the Convention on proportionately affected. In Niger, which has the Rights of the Child and the Convention on the highest incidence of child marriage in the the Elimination of All Forms of Discrimination world, 77 % of women aged 20–49 were married against Women. before the age of 18, in contrast to 5 % of men in Norway is among the largest donors to the the same age group. The same gender dispari- United Nations Population Fund, which is one of ties are seen in countries where child marriage the most important global actors in the fight is less common. Child marriage among girls is against child marriage. The Norwegian authori- most widespread in South Asia and sub-Saharan ties also support other organisations that seek Africa. Nearly half of the girl brides worldwide to prevent child marriage and forced marriage are from South Asia, and India alone accounts through education as well as health and human for a third. Bangladesh has the highest propor- rights programmes. tion of brides under the age of 15.1

1 UNICEF, Ending Child Marriage: Progress and prospects, 2014. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 37 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

seek to ensure that children are protected in armed conflict, and combat violence against children.

3.4.3 Persons with disabilities The UN Convention on the Rights of Persons with Disabilities was adopted in 2006. The states par- ties to the Convention have committed them- selves to combat discrimination and to promote inclusion in society at both national and interna- tional level. The Convention emphasises the prin- ciples of non-discrimination, accessibility and par- ticipation, and underlines the inclusion of persons with disabilities as an important element in pro- moting sustainable development. Norway became party to the Convention in June 2013. The World Health Organization (WHO) esti- mates that around one billion people have some form of disability, and has pointed out on a num- ber of occasions that it will not be possible to achieve the Millennium Development Goals unless persons with disabilities are fully included in society.8 Persons with disabilities are often dis- criminated against and excluded from social, eco- nomic and political processes. They have lower Figure 3.10 Maryla Rarus, Poland than average scores on most standard-of-living indicators, and are more likely to live in poverty, tend to have less education, are less likely to be to express their opinions and to organise them- employed, and have poorer access to health and selves in order to promote their interests and rehabilitation services than other population define their needs. groups. These disparities are more marked in Empowering children and young people is a developing countries. Women and girls with disa- good investment, as it fosters the development of bilities often experience multiple discrimination, active citizens who can assert their social, eco- and are particularly vulnerable to abuse and vio- nomic and political rights. The Government’s lence. Children with disabilities are more likely intensified efforts to promote education will than other children to be excluded, for example improve the realisation of children’s rights, such from education. The Government will therefore as their opportunity to participate, and will implement urgent measures to reach out-of- increase children’s awareness of human rights. school children with a view to achieving the edu- cation targets in the Millennium Development Goals, and is advocating the inclusion of a target Priorities: on rights-based education, with particular focus help to ensure that all children have the oppor- on marginalised groups, in the new Sustainable tunity to start and complete school, and that all Development Goals. children and young people learn basic skills The Norwegian authorities have given priority and are equipped to tackle adult life; to improving the situation for people with disabili- help to strengthen the implementation of the ties. Norway is also seeking to ensure that this Convention on the Rights of the Child, for issue is moved further up the agenda in the UN example by supporting organisations that pro- and other multilateral forums, and supports the mote children’s rights; UN effort to make sure that all states implement combat female genital mutilation, and help to the Convention on the Rights of Persons with Dis- improve children’s health and reduce child abilities. Great importance is attached to support- mortality; 8 WHO and World Bank, World Report on Disability, 2011. 38 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

with disabilities, and thus help to ensure that their needs and rights are respected, protected and fulfilled.

3.4.4 Indigenous peoples Indigenous issues are high up on the UN’s agenda. The establishment of the UN Permanent Forum on Indigenous Issues and the appointment of the UN’s first Special Rapporteur on the rights of indigenous peoples in 2001, the adoption of the UN Declaration on the Rights of Indigenous Peo- ples in 2007, and the establishment of the Expert Mechanism on the Rights of Indigenous Peoples by the UN Human Rights Council in 2008 are important milestones in the international efforts to promote indigenous issues. In addition, the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries (C169), which Norway was the first country to ratify in 1990, sets out important provisions on the right of indige- nous peoples to maintain and further develop their cultures, and to be consulted on matters that affect them. The Convention also includes provi- sions on land rights, recruitment and conditions Figure 3.11 Anna Wcislo, Poland of employment, education and training, social security and health. Today, representatives of indigenous peoples take part in international pro- ing and involving people with disabilities, their cesses where issues of relevance to them are dealt organisations and voices of advocacy in the inter- with. In September 2014, the World Conference national community in this work. on Indigenous Peoples unanimously adopted an ambitious outcome document that commits states to respect, promote and advance indigenous peo- Priorities: ples’ rights. The outcome document was the contribute to strengthening the implementa- result of an open and inclusive process, in which tion of the UN Convention on the Rights of Per- indigenous peoples had been actively involved. sons with Disabilities, for example through aid Despite these positive developments in inter- for education, humanitarian aid, efforts to pro- national forums, many indigenous people still live mote global health, and efforts to promote in very difficult conditions. In many countries, women’s rights and gender equality; indigenous peoples are largely excluded from give priority to improved access to education political, economic and cultural life, and indige- for people with disabilities and be at the fore- nous groups have a lower score than other popula- front of efforts to include the special needs of tion groups on many standard-of-living indicators, children with disabilities in bilateral and multi- for example health and education. Indigenous lateral cooperation on education and in human- peoples are also particularly vulnerable to the itarian education efforts; impacts of global climate change and the increas- increase support for victims of small arms, ing pressure on the world’s natural resources. mines, cluster munitions and other explosives, The indigenous peoples’ perspective is par- and advocate that the prevention of injuries ticularly relevant in Norway’s High North policy, from such causes and the rehabilitation of vic- in the Government’s International Climate and tims are more widely recognised as human Forest Initiative, and in the work on business and rights issues; human rights. contribute to the development of concrete indi- cators that highlight the situation of people 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 39 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

recent years. The Council of Europe’s recommen- Priorities: dation to member states on measures to combat be at the forefront of the international effort to discrimination on grounds of sexual orientation or promote indigenous rights, by encouraging gender identity, adopted in 2010, was a break- more countries to become party to the UN Dec- through. The following year, the UN Human laration on the Rights of Indigenous Peoples Rights Council also adopted a historic resolution. and ILO Convention 169, and promoting the This was the first time that a majority of the Coun- implementation of these instruments; cil expressed serious concern about discrimina- seek to ensure that indigenous peoples are able tion and violence on the basis of sexual orientation to take part, at both national and international and gender identity. Norway has since worked for level, in decision-making processes that affect a follow-up resolution, and a new resolution was them. adopted by the Human Rights Council in Septem- ber 2014, requesting the High Commissioner for Human Rights to gather more information about 3.4.5 Sexual orientation and gender identity the situation at country level with a view to shar- ing good practices. Local activists are now increas- All human beings are born free and equal in ingly becoming organised and asking for support dignity and rights. All human beings – not some, for their human rights work. not most, but all. Efforts to promote the rights of LGBTI people Ban Ki-moon have triggered reactions. Latent homophobia and negative attitudes have surfaced and are exploited Lesbian, gay, bisexual, transgender and intersex by the authorities in some countries to increase (LGBTI) people are entitled to the same protec- their popularity. tion against discrimination and violence as every- The Government is seeking to ensure that the one else. The work to combat discrimination universal human rights that are already estab- against LGBTI people is therefore not about estab- lished, and the human rights commitments that lishing new rights or privileges for LGBTI people; states have already made, are respected and but rather to ensure that existing rights are implemented with regard to LGBTI people. Nor- respected. way has been at the forefront of efforts to put this LGBTI people experience serious violations of issue on the international agenda, in cooperation human rights throughout the world. They are with countries from all regions of the world. The excluded from educational institutions, the labour argument that this is a Western agenda has thus market and health services, and they are sub- been shown to be inaccurate. At the same time, it jected to harassment, violence, sexual assault and is important to bear in mind that this work killings. Homosexuality is criminalised in 78 coun- requires a long-term perspective. This is a sensi- tries and is punishable by the death penalty in tive issue in many parts of the world. Changing Iran, Saudi Arabia, , Mauritania, Sudan and the social norms that feed discrimination against parts of Nigeria and Somalia.9 There are also LGBTI people requires close cooperation with examples of unwillingness to protect gay people in local partners. In some countries, health meas- countries that do not have anti-gay laws. In recent ures such as HIV prevention can open doors for years, some countries have criminalised the ‘pro- further cooperation with the authorities on LGBTI motion’ of homosexuality. The overview in Figure issues. 3.13 shows that homosexuality has been criminal- ised in all parts of the world, and that there is a gradual trend towards decriminalisation in all Priorities: regions. However, decriminalisation is not neces- work consistently and with a long-term per- sarily enough to prevent discrimination on the spective to promote the protection of LGBTI basis on sexual orientation or gender identity. people, and ensure that they can enjoy the The issue of sexual orientation and gender same rights as everyone else; identity in the context of human rights has gained promote universal decriminalisation of homo- growing attention in international forums in sexuality and combat the discrimination of LGBTI people in legislation and practice; 9 ILGA, State-sponsored homophobia – A world survey of laws: Criminalisation, protection and recognition of same- contribute to awareness-raising efforts, par- sex love, 2014. ticularly in the education and media sectors. 40 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

Deth penalty Imprisonment

Figure 3.12 Overview of countries that criminalize same-sex relations. Source: Office of the High Commissioner for Human Rights

graphical variations. According to WHO, 800 3.4.6 The right to health and women die every day in connection with preg- the right to food nancy and childbirth.11 There is a significant The right to health and the right to food are shortage of health workers. The lives of more enshrined in the International Covenant on Eco- newborns could be saved with simple measures. nomic, Social and Cultural Rights, as well as in Information about planning, sexuality edu- other instruments, and are to be realised without cation and more accessible and cheaper contra- discrimination. The Norwegian authorities’ ception are key factors for reducing the number of efforts in this area are guided by the Millennium unwanted pregnancies. The Government will con- Development Goals. tinue its work in the field of maternal and child Respecting, protecting and fulfilling the right health. to health is a goal in its own right. This is also cru- The fight against HIV/AIDS has reduced the cial for realising and strengthening other human number of new HIV infections and AIDS-related rights. Good health depends on factors such as deaths by almost a third, and more than 10 million access to sufficient food that is safe and nutritious, people infected with HIV are receiving treatment. clean drinking water, adequate sanitation and a Nevertheless, more than 35 million people are liv- clean environment. Good health is important for ing with HIV, and many more are at risk of infec- the individual, but it is also crucial for beneficial tion.12 Young women in poor countries, sexual social development. Better health means that minorities and other vulnerable groups are par- more people can work and there is less demand ticularly at risk. The Government will intensify its for costly health services. The Millennium Devel- efforts to combat HIV. opment Goals Report 2011 showed that good pro- According to the World Food Programme gress is being made towards the three health (WFP), hunger and malnutrition constitute the related MDGs.10 However, it is clear that progress greatest health risk worldwide – greater than is too slow in some areas for all the MDGs to be HIV/AIDS, malaria and tuberculosis combined. achieved by 2015, and there are also major geo- Worldwide, a quarter of all children under five are stunted, i.e. their height/weight and brain devel- opment are impaired as a result of malnutrition,

10 MDGs 4, 5 and 6 on reducing child mortality, improving 11 maternal health and combating HIV/AIDS, malaria and World Health Organization Fact Sheet No 348, 2014. other diseases, respectively. 12 UNAIDS, Aids by the Numbers, 2013. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 41 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

Year Country Box 3.16 Developments for LGBTI 1791 people in Nepal 1793 Monaco 1795 Belgium Nepal’s transition from monarchy to the estab- 1811 Netherlands lishment of a democratic republic in 2008 has 1822 Dominican Republic been positive for LGBTI people. The inclusion 1831 Brazil 1858 of marginalised groups has been high on the 1869 Suriname political agenda. Norway’s support for the 1880 Paraguay Nepalese LGBTI organisation the Blue Dia- 1882 Japan mond Society has contributed to important 1887 Argentina 1890 Italy human rights work and greater visibility for 1932 Poland sexual minorities in the media. 1933 Denmark The supreme court in Nepal has over- 1934 Uruguay 1942 Switzerland turned discriminatory legislation, and the cat- 1944 egory ‘other’, also often called the ‘third gen- 1951 Jordan, Vietnam der’, may now be used on citizenship and iden- 1957 Thailand tity papers. LGBTI issues are regularly 1961 Mongolia 1967 England, Wales debated on TV, radio and in the press, often 1968 Bulgaria accompanied by personal accounts of fighting 1969 Canada against prejudice. The leadership shown at 1971 Finland, Austria local level has been important for countering 1972 Norway 1975 East Timor arguments that LGBTI issues are foreign or 1976 Bahrain Western, and activists have referred to reli- 1977 Slovenia gious and cultural traditions in promoting 1979 Cuba their agenda. The LGBTI movement is 1986 New Zealand 1988 Israel engaged in political life and has become more 1991 Bahamas, Ukraine visible by joining forces with other minorities 1993 Guinea Bissau, Lithuania, Russia to promote their rights. Traditional attitudes 1994 1995 Albania are being challenged through awareness-rais- 1996 Romania ing campaigns targeting politicians, the police, 1997 Ecuador, China health workers and teachers. In 2013, dozens 1998 South Africa, Kazakhstan, Kyrgyzstan, Tajikistan of LGBTI people came forward in the media, 1999 2000 Georgia making it known that they wanted to stand for 2003 Armenia, USA election for various political parties. 2004 Cape Verde 2008 Nepal, Nicaragua, Panama and 80 % of these children live in just 14 coun- Figure 3.13 Timeline for decriminalisation of tries.13 Although the target of halving the propor- homosexual acts in selected countries. tion of people who suffer from hunger worldwide Source: ILGA, State sponsored homophobia 2013 by 2015 is within reach, the number of people suf- fering from chronic hunger remains very high. Guidelines on the Responsible Governance of Among the main reasons for this are marginalisa- Tenure of Land, Fisheries and Forests in the Con- tion, poverty and discrimination. Other reasons text of National Food Security, which is an impor- are lack of access to resources such as land, for- tant tool for combating hunger and promoting sus- ests and fish, and insecure land rights. If food tainable development. These guidelines have security is to be improved and the right of all peo- great significance for the land rights of poor food ple to food is to be met, vulnerable groups must be producers, particularly women. Norway’s food secured greater access to food and the opportuni- security strategy, Food Security in a Climate Per- ties to produce food themselves. Norway played a spective 2013–2015, which builds on the UN Food leading role in negotiating the UN Voluntary and Agriculture Organization’s voluntary Right to Food Guidelines of 2004, clearly states that a more 13 UNICEF, Improving child nutrition - The achievable impe- rights-based approach will be underlie all Norwe- rative for global progress, 2013. gian efforts to enhance food security. This means 42 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 that greater emphasis will be given to political dia- the elimination of forced or compulsory labour; logue that aims to improve the framework condi- and the elimination of discrimination. All member tions for smallholder farmers, particularly women states are obliged to respect and protect these smallholders, and to promote equal rights and rights, regardless of whether they have ratified predictability in terms of access to input factors the conventions. Although the main responsibility and markets. Civil society organisations and farm- for safeguarding the right to decent work lies with ers’ associations have an important role to play in the authorities in the country concerned, all promoting a rights-based approach. employers, including the business sector, have an independent responsibility for respecting work- ers’ rights. Corporate responsibility in the area of Priorities: human rights is discussed in more detail in chap- further develop Norway’s efforts to promote ter 4.5. global health, with particular emphasis on The Norwegian decent work strategy has led child health and reducing child mortality, to strengthened and coordinated efforts to pro- improving maternal health, and combating mote workers’ rights globally, and is an important infectious diseases, including support for contribution to Norway’s enhanced focus on immunisation programmes; human rights in its foreign and development pol- work to improve global access to medicines, icy. Priority is also given to decent work in Europe contraception, family planning services and through the EEA cooperation. The Norwegian sexuality education; social partners receive support allowing them to combat discrimination and stigmatisation of develop cooperation with sister organisations in people affected by HIV/AIDS, in cooperation developing countries. The Norwegian authorities with organisations such as the Joint United are also providing support for civil society organi- Nations Programme on HIV/AIDS (UNAIDS) sations in other countries that promote workers’ and the Global Fund to Fight AIDS, Tuberculo- rights and decent work. sis and Malaria; The Norwegian authorities are actively pro- continue to follow up Norway’s strategy for moting efforts to ensure a more coherent food security and seek to ensure that a human approach to decent work at the international level rights approach is taken to food security and through cooperation with the ILO, other parts of nutrition in the new Sustainable Development Goals. Box 3.17 The ILO standards supervisory system 3.4.7 Workers’ rights and the right to decent work The tripartite structure of the ILO, where gov- ernment, employer and worker representa- The International Labour Organization (ILO) is tives participate on an equal footing, sets this the UN specialised agency for labour issues, and organisation apart from all other intergovern- is responsible for developing, monitoring and mental organisations. The ILO standards enforcing international labour standards. This supervisory system, which monitors imple- includes a strong focus on employment and job mentation of the ILO conventions and makes creation. Globally, there is a huge need for more recommendations to its 183 member states, is and better jobs, especially in light of increasing a particular strength. Each member country is youth unemployment. The ILO estimates that 600 required to report on a regular basis on its million new jobs will be needed worldwide in the implementation of, and compliance with, all period up to 2020 in order to address global unem- eight core conventions, as well as the conven- ployment and keep up with demographic develop- tions that the country in question has ratified. ments.14 Norway is on the Governing Body of the The ILO Governing Body or a party (either an ILO for the period 2014–17. The ILO’s eight core employer or a worker) can present a claim conventions set out a minimum of rights that are against a government if that government is to be respected in the world of work, in four main not meeting its obligations. Governments that categories: freedom of association and the right to are accused of violating ILO conventions risk collective bargaining; the abolition of child labour; having their reputation suffer and losing trade preferences, for example in relation to the EU. 14 Global Employment Trends 2012: Preventing a deeper jobs crisis. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 43 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation the UN system, the multilateral financial institu- context of the new Sustainable Development tions and the World Trade Organization (WTO). Goals for the post-2015 period; seek to ensure that the ILO gives priority to its core areas and works to safeguard fundamental Priorities: rights, particularly through our participation in continue to pursue a coherent Norwegian pol- the Governing Body in the period 2014–17; icy with a view to protecting and promoting seek to ensure that the ILO and other interna- workers’ rights internationally, and contribute tional organisations intensify their efforts to to greater coherence at international level in create jobs and increase employment. the approach to decent work, including in the 44 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

4 Policy coherence for human rights

There is virtually no aspect of our work that does cause of instability and conflict, and thus in turn not have a human rights dimension. Whether we have consequences for Norway. are talking about peace and security, develop- Norwegian security policy is based on a broad ment, humanitarian action, the struggle against threat assessment. It comprises enforcement of terrorism, climate change, none of these challen- sovereignty and authority on land and in our sea ges can be addressed in isolation from human areas combined with support for the fight against rights. international terrorism and for peace and reconcil- Ban Ki-moon iation processes in other countries of the world. Our membership of the UN, the Organization for The different human rights are inextricably linked Security and Co-operation in Europe (OSCE) and and are relevant to almost all areas of society. The NATO, and our participation in operations abroad, efforts to promote and defend human rights will form a comprehensive and coherent whole, the be mainstreamed into all aspects of the Govern- aim of which is to prevent, contain and resolve ment’s foreign and development policy. Ensuring conflict. respect for human rights is both a foreign policy The crisis in Ukraine shows that conventional goal and a means of achieving lasting security and threats to a state’s integrity, and the resulting sustainable development. The work on the Gov- unrest and human rights violations, can take place ernment’s three human rights priorities – individ- even in today’s Europe. Sanctions and other for- ual freedom and public participation, the rule of eign policy tools can help to counteract destabilis- law and legal protection, and equality and equal ing political forces, but at the end of the day our opportunities – will be incorporated into policy security depends on a robust defence force and development in other areas. The Government will our NATO membership. The binding cooperation pursue a coherent foreign and development policy in NATO, the Council of Europe and the EU are with a consistent profile. The question of which the cornerstones of the system that protects human rights priorities are the most important human rights and democracy in our part of the will be considered according to the case. Nor- world. way’s efforts in the different areas will pull in the There is growing international awareness of same direction and be mutually reinforcing. the link between stability and security on the one hand and respect for human rights on the other. Unstable societies with little respect for human 4.1 Key human rights issues in rights can be breeding grounds for criminal net- security policy works and boost recruitment to terrorist organisa- tions. Modern security policy is thus closely The main goal of security policy is to safeguard a linked to the promotion of democracy and human country’s sovereignty and political independence rights. Democratic societies governed by the rule as a member of the international community. This of law have open, predictable decision-making is achieved by means of a broad range of political, processes that rarely put neighbouring states in military, diplomatic and economic tools, together unexpected or difficult situations. Democratic with instruments of international law. Safeguard- social processes and respect for human rights ing and further developing the international legal directly enhance confidence between countries. order is an overriding foreign and security policy This means that promoting democracy and concern for Norway, together with strengthening human rights is an important element of all secu- all peaceful cooperation, more particularly cooper- rity policy cooperation in which Norway partici- ation on reducing poverty, ignorance and disease, pates, not least our cooperation in NATO, the and protecting the environment and addressing OSCE and the UN. An example of this is the UN climate change. Such factors are often a direct Security Council’s emphasis on the importance of 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 45 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation ensuring that women take part on an equal footing icy threats such as drug trafficking, terrorism, with men at all levels and in all functions for pro- growing radicalisation and polarisation, human moting lasting peace and security. Women’s par- trafficking, the illegal exploitation of natural ticipation is crucial to securing lasting peace. resources, the spread of weapons of mass destruc- The commitment to the peaceful resolution of tion, cyber threats and piracy raise new sets of conflicts, such as set out in the UN Charter, problems and require a broad-based approach. should enhance security policy contact and coop- These types of crime threaten stability and devel- eration across dividing lines. The principle that opment, and create special security policy and security is indivisible, in the sense that a country’s human rights dilemmas for states. security is inextricably linked to the security of Combating organised crime requires a well- other countries, is also a good foundation for developed international legal order, effective cooperation across national borders. Certain cross-border and cross-regional cooperation, states misuse the declaration of a state of emer- strong justice and security institutions, and inten- gency as an excuse to depart unlawfully from sive anti-corruption efforts. Norway also believes human rights. The international human rights that it is important to increase knowledge about conventions have very strict requirements for sit- international criminal networks, for example uations where a state of emergency can justify the through the Global Initiative Against Transna- renunciation of human rights. For example, the tional Organised Crime. European Convention on Human Rights specifies In a number of areas, technology is advancing that only in time of war or other public emergency more rapidly than our ability to address potential that threatens the life of the nation may a state vulnerabilities in our societies. Certain states, cit- deviate from such an obligation. ing the principles of sovereignty and non-interven- Norway’s security is fundamental to its ability tion, claim that control of digital information is a to defend human rights internationally. At the national security policy affair, where the state is same time, a broad engagement for peace and free to take whatever action it considers neces- human rights provides credibility and influence sary from a security perspective. Norway is when security interests have to be safeguarded, among those states that claim that the free flow of and when contributing to other countries’ secu- digital information is primarily a question of free- rity, for example through international operations. dom of expression, and that security policy action Correspondingly, the strong focus on strengthen- in the digital sphere should be mainly confined to ing the international legal order also increases the prevention and defence against cyber threats and credibility of our security policy. Human rights, crime. democracy and the principles of the rule of law Terrorism, extremism, organised crime and thus feature prominently in Norwegian policies. cyber threats jeopardise security and weaken the Challenges to security policy may also involve ability of states to safeguard their citizens’ human human rights dilemmas. Terrorism, transnational rights, and action must be taken to prevent and organised crime and cyber threats are examples combat these threats. However, the efforts to of new security policy challenges where counter- combat terrorism and organised crime must measures must be based on a coherent and effec- always comply with obligations under interna- tive human rights policy. tional law, including human rights, international humanitarian law, and the principles of the rule of law. Respect for human rights and the rule of law 4.1.1 Terrorism, organised crime and is in itself a key element in the efforts to address cyber threats and prevent terrorism, since lack of compliance Globalisation leads to closer cooperation and with these international obligations increases the stronger mutual dependence between states. This risk of support and recruitment to terror organisa- has a number of favourable consequences, but it tions. Norway’s work for human rights, democ- also creates new security policy challenges that racy, peace and sustainable development there- can seriously threaten human rights. Security pol- fore makes an important contribution to the long- icy threats are more unpredictable and difficult to term fight against terrorism. The aim of our define than they used to be. Norway’s security can efforts is to strengthen the abilities of states to be affected by actors and events that go beyond safeguard their citizens’ rights and put them in a the use of military force against Norwegian terri- better position to prevent and combat terrorism. tory, and these cannot therefore be met by mili- The UN has a special responsibility for coordi- tary countermeasures alone. Global security pol- nating the global efforts against terrorism. 46 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

Regional organisations such as the EU, NATO, the OSCE and the African Union are also impor- tant actors. A further strengthening of the UN’s Box 4.1 Preventing radicalisation role would make it possible to unite and coordi- and violent extremism nate the international efforts initiated and imple- The strong radicalisation and polarisation tak- mented by states. The Government supports the ing place in Europe, North Africa and the Mid- implementation of the UN Global Counter-Terror- dle East, including the recruitment of increas- ism Strategy, in which upholding human rights ing numbers of young Islamists to the wars in and the principles of the rule of law is one of the Syria and Iraq, represent a significant security main pillars. threat for many countries, including Norway. New weapons and tactics are being used in the The Government believes that prevention is fight against terrorism. The use of combat drones the most important strategy for combating in armed conflicts is in itself considered lawful. radicalisation and violent extremism, and Nor- However, as with other weapons, drones must be way is an active participant in international used in accordance with humanitarian law and forums that give us access to knowledge about other international law. In particular, the use of the situation at the international level and ena- combat drones across borders raises questions ble us to join expert networks. Together with a related to fundamental rules for the use of force, number of other countries, Norway is consid- human rights and humanitarian law. Some of ering the need for further measures to prevent these questions will be even more pertinent if individuals who have participated in armed fully autonomous weapon systems are developed conflicts, such as the one in Syria, from and used in armed conflicts or other types of vio- becoming a security threat on their return lence such as terrorism. A fully autonomous home. It is essential to ensure that such meas- weapon system is a weapon system that, once acti- ures are not in conflict with international vated, operates on its own and can select targets human rights law. and initiate a lethal attack without further human intervention and control. The use of such weap- ons will raise a number of legal and ethical ques- tions, regardless of whether such weapons are Box 4.2 Combating human used within or outside the context of an armed trafficking conflict. Norway considers it important that the use of all types of weapons should be subject to The UN has estimated that annually several international law, and in international forums million people worldwide become trafficking where automatic weapons are discussed, we have victims, and human trafficking is believed to argued that international law should also apply to be the world’s second largest illegal economy. fully autonomous weapon systems. Human trafficking is a serious and profit-moti- vated crime that violates human rights. It is particularly prevalent in vulnerable states with Priorities: a weak police and judicial system, where help put states in a better position to prevent organised criminal groups can buy protection and combat terrorism, organised crime and or exemption from prosecution. For example, cyber threats, and thereby strengthen their human-, drugs- and weapons trafficking are ability to safeguard their citizens’ human helping to finance insurgency and terrorism in rights; the Sahel region. Although human trafficking seek to ensure that international measures primarily affects individuals, the fight against against terrorism, organised crime and cyber this form of crime also contributes substan- threats are consistent with human rights, for tially to the efforts to counter global security example by supporting the implementation of threats such as terrorism. At the international the UN Global Counter-Terrorism Strategy. level, Norway has helped to ensure that the Council of Europe Convention on Action against Trafficking in Human Beings includes an effective monitoring mechanism, and is working for a similar mechanism to be intro- duced in the UN. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 47 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

vide training and advisory services to other coun- 4.1.2 Human rights, security sector reform tries’ public institutions and personnel. and peace operations NATO’s fundamental aim is to safeguard the The mandates of international peacekeeping oper- freedom and security of all its member countries ations, including the special political operations by political and military means. Respect for under the UN, increasingly include measures to human rights is a central element of NATO’s activ- promote human rights. Such operations are often ities, including its operations and cooperation with mandated to oversee that human rights are partner countries. This is reflected in planning, respected and to assist the country concerned with training, support for partner countries and the improving its human rights efforts. This requires a requirements the Alliance imposes on future coherent approach to peacebuilding, which Nor- members. Progress on the Membership Action way is promoting in a number of countries through Plans and the Individual Partnership Action Plans its work with security sector reform. The Secre- of candidate and partner countries respectively is tary-General’s Human Rights Up Front initiative evaluated annually in a number of areas, including plays a key role in mainstreaming human rights human rights, democratic control of the armed into the activities of the UN system as a whole. forces, compliance with the rule of law, and treat- The purpose of security sector reform is to ment of minorities. For several years, Norway has rebuild and reform the armed forces, the intelli- contributed to increasing NATO’s focus on the gence service and the justice sector in countries implementation of the UN resolutions on women, emerging from conflict or authoritarian rule. The peace and security. The Alliance has now devel- reforms are intended to ensure that the security oped sound procedures for limiting civilian losses structures are under democratic control and are during operations, and is working systematically transparent and accountable, in line with good on strengthening the protection of the civilian governance norms. A state’s security structure population in armed conflicts. has a monopoly on the legitimate use of force, and it is therefore essential that these state institutions operate in accordance with human rights princi- Priorities: ples. Norway considers it important that women’s take steps to ensure that respect for human rights, needs and participation in decision-making rights and protection of civilians are an integral are included in security sector reform. part of all international operations; In addition to contributing military troops to take steps to ensure that all international oper- peacekeeping operations, Norway provides civil- ations are mandated to report on the human ian police officers and other civilian actors who rights situation in the areas where they are can promote security sector reform consistent operating; with human rights. We also provide other forms of be a driving force for the inclusion of security capacity-building support that strengthen the sector reform measures that promote human peacekeeping capacity of the UN, the African rights, and for the inclusion of women’s rights, Union and their member countries, and their abil- needs and participation in security sector ity to implement security sector reform. A condi- reform. tion for Norwegian support is that the gender per- spective is integrated into all activities. Our secu- rity sector reform efforts are intended to make an 4.1.3 Human rights and the export of important contribution to improving the status of strategic goods, services and human rights in these countries. technology Norwegian personnel in peacekeeping opera- The export of strategic goods, services and tech- tions regularly come up against situations where nology (defence-related products and dual-use fundamental human rights, such as the right to goods) from Norway is subject to control and life, protection from arbitrary deprivation of lib- thorough evaluation, among other reasons to pre- erty and the prohibition against torture and other vent Norwegian equipment subject to licensing cruel, inhuman or degrading treatment or punish- from being used to commit violations of human ment, are threatened. Peacekeeping personnel rights or humanitarian law. The Ministry of For- need training and competence to deal with such eign Affairs submits an annual report to the Stort- situations. Education in the laws of war is essen- ing on the scale of exports, export control regula- tial, and Norway gives this high priority. The Nor- tions and the practical implementation of the wegian armed forces and justice sector also pro- Guidelines for the Ministry of Foreign Affairs when 48 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

Priorities: continue to practise the national export control regulations in a strict, predictable and transpar- ent way in order to prevent Norwegian defence-related products and dual-use goods from being used to commit violations of human rights and humanitarian law, including internal repression; seek to ensure that the ATT provisions are complied with and not interpreted so narrowly as to limit the possibility of refusing export licences in cases where there is a risk of human rights violations or breaches of humanitarian law.

4.2 Peace, humanitarian efforts and combating serious international crimes

Injustice anywhere is a threat to justice every- where. Martin Luther King Jr

Figure 4.1 Beetroot Design Group, Greece Norway plays an active role in the efforts to pro- mote international stability and security. Our con- tribution to preventing, reducing and resolving dealing with applications concerning the export of conflicts can be seen as part of our efforts to pro- defence-related products, as well as technology and mote human rights, relieve humanitarian need, services for military purposes. The guidelines set and in assisting in transition from war to peace out detailed criteria for assessing the risk that the and towards long-term development. Our bilateral product or technology concerned can be used to efforts in individual countries and through inter- commit serious human rights violations, including national organisations help to establish national internal oppression. The guidelines were tight- and international human rights frameworks for ened in 2013, which means that applications for peace and conflict resolution. export licences for both defence-related products and dual-use goods destined for military end users can be refused if they do not meet one or 4.2.1 Human rights in the context of more of the criteria. peace efforts The Arms Trade Treaty (ATT), signed in April Conflicts are often triggered by violations of 2013, provides guidelines for the regulation of human rights. Promoting human rights is there- export control by states. Norway has stricter fore an integral part of Norway’s work for a more export control rules and guidelines for assessing peaceful world. the export of defence-related products and dual- The Norwegian authorities play an active role use goods than those laid down in the ATT, but in the efforts to include human rights on the nego- the Treaty is an important initiative in the interna- tiation agenda in peace processes. We also seek to tional efforts to combat irresponsible and illicit ensure that human rights considerations are duly spread of small arms and light weapons and other reflected in the final agreements, for example conventional weapons, and the Norwegian author- through the incorporation of human rights in ities played a central role in the treaty negotia- national legislation, justice sector reform, or the tions. The Government seeks to ensure that as establishment of ombudsmen. Sometimes a spe- many states as possible comply with the ATT pro- cific human rights agreement is negotiated or visions and do not interpret them too narrowly. monitoring mechanisms are put in place to ensure 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 49 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation that human rights are respected in practice. The universal status of human rights can be a good Priorities: starting point for depoliticising a debate or resolv- be a driving force in the efforts to include ing a deadlock. human rights in peace negotiations, for exam- Norway works in a long-term perspective ple by highlighting the need to safeguard the based on maintaining a direct dialogue with the rights of victims and marginalised groups in parties. Our efforts include support for civil soci- peace agreements; ety actors that promote human rights, and contact develop tools for dealing with the dilemmas with UN funds and programmes. One of our main that can arise when balancing the demand for aims is to promote civil society participation in transitional justice against the need to bring peace processes, since experience has shown that the conflict to a rapid end; this makes an important difference to the sustain- support organisations and other actors, includ- ability of an agreement. In line with the UN reso- ing UN funds, programmes and peace opera- lutions on women, peace and security, we also tions, that promote human rights in conflict seek to ensure that women participate on equal and post-conflict situations; terms with men in decision-making processes pursue a leading role in advancing the women, related to conflict resolution, peace and security. peace and security agenda, and in particular We encourage the parties to include women in promote women’s participation and influence their delegations and to integrate the gender per- on an equal footing with men in peace pro- spective into peace processes. cesses. It is difficult to include measures for effective prosecution in a negotiated peace agreement in cases where the parties at the table are them- 4.2.2 Combating impunity for war crimes, selves responsible for the abuses. In such cases, crimes against humanity and genocide fundamental values may come in conflict with an Combating impunity for war crimes, crimes urgent political and humanitarian need to find against humanity and genocide has become an peaceful resolution. The parties at the negotiating integral part of the broad international effort to table cannot ignore the victims’ right to justice promote human rights. The International Crimi- and accountability, but on the other hand the vic- nal Court (ICC), the first permanent international tims and human rights defenders cannot ignore criminal court established to try such crimes, is a the need to reach a peaceful, negotiated resolu- cornerstone of these efforts. Norway has strongly tion of the conflict. In these cases, it is important supported the ICC and the temporary interna- not to make a choice between peace or justice, but tional criminal tribunals established for specific to achieve a result that takes account of both. country situations since their inception. We see We need to employ mechanisms of transitional the ICC as an important contributor to building justice that take into account different interests democracy, strengthening of the rule of law, and and considerations in a balanced way, and at the post-conflict peace building. same time protect the victims’ rights, including The adoption of the Rome Statute and the the rights of victims of sexual violence. Transi- establishment of the ICC have resulted in signifi- tional justice is more than a judicial process; it also cant developments in global norms and standards. includes truth and reconciliation processes, An increasing number of states parties have intro- redress and institutional reform. The final goal is duced penal provisions for war crimes, crimes to prevent the conflict from flaring up again and to against humanity and genocide in their penal provide a foundation for reconciliation. These pro- codes. cesses are crucial for building trust after a crisis The authority of the ICC is limited to cases and creating a basis for peaceful, democratic where states parties have not themselves had the development over time. will or the capacity to prosecute the perpetrators Transitional justice is a key priority in peace of war crimes, crimes against humanity or geno- and reconciliation processes, and the final result cide. By ensuring that justice is done in practice, must be consistent with international law. Nor- states can retain ownership of this part of the rec- way’s role as third party and facilitator is based on onciliation process. the principle of impartiality, but we will never take The ICC prosecuting authority has so far initi- a neutral stand on human rights. ated formal investigations into eight situations, all of them on the African continent. In two of these, 50 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

Kenya and Darfur in Sudan, the head of state cur- rently in power has been indicted. 4.2.3 Human rights in the context of The large number of investigations in Africa humanitarian efforts has led to criticism that the ICC has focused too Humanitarian aid is essentially a matter of saving strongly on this continent at the expense of con- lives, alleviating suffering, promoting and protect- flicts in other parts of the world. However, several ing human rights and safeguarding human dig- reasons may explain why all the situations so far nity, regardless of gender, ethnicity, religion or referred to the ICC have been concerned with political affiliation. Humanitarian crises tend to be abuses in Africa. One reason is that Africa has a result of various mutually reinforcing factors, more states parties (34) to the ICC than any other such as conflict, weak governance, human rights continent. There are a fair number of states in violations, poor infrastructure, low food security other regions that are still not parties to the Rome and unfavourable natural conditions. Climate Statute, and the ICC can only initiate an investiga- change may also constitute an important factor. tion of abuses committed on the territory of these The complex causes of these crises make it neces- states if the state concerned declares that it sary to view humanitarian aid in the context of accepts the ICC’s jurisdiction or in response to a other foreign and development policy efforts, decision by the UN Security Council. So far, the including conflict and disaster prevention, efforts Security Council has referred two situations to the for peace, the protection of human rights and ICC (Darfur and Libya). A second reason for the development aid. The conditions for humanitarian predominance of African situations is that four work and human rights protection have become African states have themselves referred situations more difficult in recent years, and in many coun- to the ICC for investigation, and that they have tries humanitarian actors are being directly lacked either the ability or the will to try the cases attacked or are otherwise prevented from provid- at the national level. As of October 2014, the ICC ing life-saving help and protection to the civilian has initiated 10 preliminary investigations with a population. view to possible formal investigations. Most of Together with international humanitarian law, these situations are in states outside Africa. the core human rights instruments constitute the Norway plays an important role in the efforts fundamental normative framework for all humani- to promote cooperation between the ICC and its tarian efforts. These efforts must be rights-based. member states, and has been involved in several This approach centres on the victim and empha- regional seminars in Africa on capacity-building in sises the key human rights principles of participa- areas such as witness protection. Norway will con- tion, non-discrimination and accountability. A tinue to promote universal support for the ICC rights-based approach is crucial for humanitarian and to support Security Council referrals to the disarmament, protection of civilians and assis- Court in order to prevent individuals from enjoy- tance to the displaced and other vulnerable ing impunity for serious international crimes. groups, including children and persons with disa- Together with the governments of several other bilities. A rights-based approach also draws more countries, the Norwegian Government is advocat- attention to the transition between humanitarian ing the referral of the situation in Syria to the ICC. and long-term assistance, especially in protracted crises. Norway has for many years played a leading Priorities: role in the efforts to improve legal protection for promote universal support for the International people who have had to flee their homes, regard- Criminal Court and for cooperation between less of whether they are refugees, internally dis- the Court and its states parties; placed or environmental migrants. As a facilitator safeguard the most important functions of the of the UN resolution on protection of and assis- ICC, such as witness protection and enforce- tance to IDPs, and supporter of the UN Special ment of sentences, and support capacity-build- Rapporteur on the Human Rights of Internally ing projects that enable states to institute their Displaced Persons, Norway helps to ensure that own criminal proceedings for war crimes, the situation of IDPs remains high on the interna- crimes against humanity and genocide; tional agenda. Norway also plays an active role in advocate for UN Security Council referrals of the Nansen Initiative, a state-led, consultative pro- particularly serious situations to the ICC in cess intended to build consensus on the develop- cases where the state itself is unable or unwill- ment of a protection agenda addressing the needs ing to prosecute. of people displaced across international borders 2014–2015 Meld. 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and persons with disabilities, and develop and implement clear, quantifiable methods for ensuring a rights-based approach to humani- tarian aid; strengthen the efforts to mainstream the gen- der perspective into all humanitarian assis- tance, including needs assessments, imple- mentation and reporting on all humanitarian efforts; seek to ensure that states take more responsi- bility for respecting the rights of IDPs and that the international community is better equipped to respond to internal displacement resulting from humanitarian crises; raise environmental migration on the interna- tional agenda through the Nansen Initiative.

4.3 Poverty reduction and sustainable development

4.3.1 Human rights and climate and environmental policy Human rights are also a central element in climate and environmental policy. Respect for human Figure 4.2 Moises Romer, Mexico rights is necessary for sustainable development conducive to economic growth, social develop- ment, good health, a stable climate and a healthy in the context of disasters and the impacts of cli- environment. A climate and environmental policy mate change. based on responsible management and the pre- The Ministry of Foreign Affairs also supports cautionary principle will contribute to stabilize the practical measures enabling humanitarian organi- climate conditions and to a healthy environment, sations better to meet the needs of the recipients and these in turn help to safeguard human rights of assistance. For example, in response to the such as the right to health and food. Likewise, destruction wreaked by the typhoon Haiyan in the safeguarding freedom of expression and freedom Philippines in autumn 2013, the World Food Pro- of assembly and association fosters support for a gramme (WFP) deployed personnel to solicit the sound climate and environmental policy. victims’ views on their needs and priorities in Limiting the average rise in the global mean order to ensure appropriate assistance with active temperature to no more than 2°C is an essential involvement of the victims. step for future development and welfare. Drought, One of Norway’s main objectives is to flooding and other extreme weather events – strengthen the position of women in society and intensified by climate change – combined with address their needs in humanitarian crises by population growth, use of hazardous substances, working for better protection, for example pollution, non-sustainable use of resources and through mainstreaming the gender perspective, changes in land use, result in biodiversity loss and and by promoting women’s involvement in all put pressure on ecosystems. Biodiversity loss assistance efforts. Our efforts in humanitarian adversely affects ecosystem functioning and thus disarmament also aim to strengthen the rights of access to water, food, and raw materials for phar- persons with disabilities, including the victims of maceutical production and medical research. This landmines and cluster munitions. in turn leads to poverty, reduces growth and affects human health and well-being. Climate change and environmental damage Priorities: affect social development in every country. Par- increase the focus on humanitarian aid for ticularly at risk are the least developed countries, especially vulnerable groups such as children which are less able to adapt to climate change and 52 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 where people are less equipped to seek alterna- The poorest and most vulnerable groups are tive livelihoods. The poor and other vulnerable often in a particularly weak position when deci- groups such as the sick, the elderly and children sions on national or regional resource manage- often suffer the most. Climate change and envi- ment are being made. For example, many of the ronmental damage directly affect families in these 1.6 billion people who according to the UN are groups and thus the position of women, since highly dependent on forest resources for their women often bear the practical responsibility for livelihoods lack ownership and property rights to the family’s well-being. It is vital to take the gen- the forests. Norway has advocated respect for der perspective into account in climate and envi- human rights in the implementation of UN efforts ronmental policy, and to work for sustainable to prevent deforestation and forest degradation development, climate change adaptation and tran- (UN-REDD). It is especially important to respect sition to a low-emission economy. The poorest and the rights of indigenous peoples and local commu- most vulnerable groups, especially women and nities and their right of participation in the plan- children, must be given priority in these efforts, ning and implementation of processes that affect which must take account of human rights, includ- their livelihoods and the land areas they inhabit or ing workers’ rights. otherwise use, in accordance with ILO Conven- International bodies have become increasingly tion 169 concerning Indigenous and Tribal Peo- attentive to the mutual interaction between cli- ples in Independent Countries. mate and environmental policy on the one hand According to the 2012 agreement across politi- and human rights protection on the other. Both cal parties on Norwegian climate policy, the Nor- charter-based and treaty-based monitoring bodies wegian International Climate and Forest Initiative have made it clear that environmental damage can has integrated goals related to the conservation of contravene a number of human rights, among natural forests, sustainable development and them the rights to life, health, property and pro- respect for indigenous rights, in addition to the tection of privacy. The UN Environment Pro- main goal of emissions reduction. Long-term for- gramme (UNEP) and the UN High Commissioner est conservation requires results in other areas in for Human Rights (OHCHR) have pointed out the addition to cutting greenhouse gas emissions. need for better cooperation and coordination This approach, combined with payments for veri- across sectors and agencies in order to fied emissions reductions and improved govern- strengthen compliance with human rights obliga- ance, can contribute to good, lasting results, and tions and to take climate and environmental con- will help to avoid conflicts over land and siderations into account. The UN also recom- resources. mends adopting a rights-based approach to envi- ronmental protection.1 Around 130 countries, including Norway, have adopted constitutional Priorities: provisions on the right to a certain degree of envi- promote coordination between the efforts to ronmental quality or on the state’s obligation to address climate and environmental problems protect the environment. and the work for human rights in environmen- The importance of access to information and tal and human rights forums; public participation in connection with environ- work for the right of the civil society to informa- mental matters is specified in a number of multi- tion and participation in national and interna- lateral environmental agreements. These include tional decision-making and negotiation pro- the Århus Convention on Access to Information, cesses on climate, environment and natural Public Participation in Decision-making and resources issues, as well as their right of appeal Access to Justice in Environmental Matters, and judicial review of decisions with a bearing which emphasises the importance of making envi- on these issues; ronmental information readily accessible to the continue the efforts to reach the integrated public. Accessible information on the internet and goals for the conservation of natural forests, on social media sites enables individuals and sustainable development and respect for the organisations to take a qualified stand on environ- rights of indigenous peoples and local commu- mental issues at both national and international nities of the International Climate and Forest levels. Initiative, in addition to the main objective of reduced emissions, in line with the 2012 cross- 1 Human Rights and the Environment, Rio+20: Joint report party agreement and as set out in the 2014 OHCHR and UNEP. budget proposal (Prop. 1 S (2014–2015)). 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 53 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

ment agenda, in the form of targets and as tools 4.3.2 Human rights in the post-2015 for ensuring progress in areas such as good development agenda governance, education, health, gender equality Respect for human rights is crucial to realising and sustainable energy for all. poverty reduction through sustainable develop- ment. This is the primary objective of the Govern- ment’s participation in the development of the 4.4 Development cooperation post-2015 agenda. The Millennium Development Goals, which The stated overall objective of the Government’s expire in 2015, have mobilised international politi- policy for development cooperation is to promote cal awareness and resources to address poverty democracy and the realisation of human rights, reduction, and have led to progress in key devel- and to enable people to work their way out of pov- opment areas such as health, education and gen- erty. The Government will make more active use der equality. Efforts to achieve the Millennium of its development policy to promote human Development Goals have resulted in the protec- rights, and will ensure that human rights are inte- tion of important economic and social rights, but grated into all aspects of development work. The all the goals have not been achieved, and the work rights-based approach is centred on the individ- will be continued in the post-2015 agenda. ual’s rights and freedoms. It seeks to strengthen The fact that a large proportion of the world’s the authorities’ ability to safeguard citizens’ poor live in middle-income countries indicates rights, as well as to increase citizens’ knowledge that the fundamental causes of poverty are as of their rights and enable them to demand that much political as economic. This means that aid to these rights be implemented. The principles of these countries should focus more directly on individual freedom and public participation, the political reform, with an emphasis on human rule of law and legal protection, and equality and rights, democracy and the rule of law. In order to equal opportunities will have an even more crucial be sustainable, economic growth and social devel- role to play in our multilateral and bilateral devel- opment need the context of a stable climate and a healthy environment. For these reasons, there is broad agreement that the post-2015 development agenda needs to be more comprehensive than the Millennium Development Goals. The Government considers that in addition to the environmental, social and economic dimensions of sustainable development, the agenda should include human rights, good governance, democracy and the rule of law. Human rights should be clearly reflected in the post-2015 goals, both in the form of stand-alone targets and as tools for ensuring progress in areas such as education, health, gender equality and the Sustainable Energy for All initiative. Not all coun- tries agree on this, and the work ahead will be challenging. The realisation of women’s and children’s rights and the rights to education, health, water and food are crucial to foster sustainable, inclu- sive economic growth and development. The prin- ciples of public participation, non-discrimination and accountability are particularly important in this context.

Priority: seek to ensure that the rights perspective is integrated into the UN’s post-2015 develop- Figure 4.3 Ria Shah, India 54 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 opment cooperation. The aim is to promote the helps to strengthen the influence of vulnerable implementation of human rights also in areas of groups. If a development project or programme is development cooperation that do not specifically linked to a particular human right, such as the deal with human rights. right to health or the right to education, aid Around one quarter of Norway’s overall aid should be organised in a way that strengthens the budget is channelled through the UN system. The state’s ability to fulfil its commitments and obliga- objective of integrating human rights in the UN tions. The recommendations of UN special proce- development system is discussed in chapter 5.8. dures and treaty bodies in particular areas of rights are of great value in the process of develop- ing and implementing development cooperation. 4.4.1 Human rights-based A rights-based approach to development coop- development cooperation eration promotes social development and reduces A human rights-based approach to development poverty. The World Bank has estimated that elimi- cooperation builds on individual rights set by the nating discrimination of women in the labour mar- human rights commitments and obligations of the ket would increase productivity by as much as countries concerned. This approach serves to 25 %,2 and according to ILO, excluding persons quality assure development cooperation and con- with disabilities from the labour market could cost tributes to sustainable results regardless of sector up to 7 % of GDP.3 According to the World Health and theme. Just as important as which goals are Organization (WHO), the Joint United Nations chosen is how they are pursued. This means giv- Programme on HIV/AIDS (UNAIDS) and ing a country’s citizens opportunities for meaning- OHCHR, a rights-based approach ensure that the ful participation in decision-making, ensuring that necessary health services reach marginalised planning and other processes are transparent, and groups, which means that more people will making it clear which agents are responsible for services. It is also important to identify and take 2 World Bank, World Development Report 2012: Gender into account the causes of any inequalities. The Equality and Development. 3 commitment to human rights means that all pro- S. Buckup: ‘The price of exclusion: The economic consequ- ences of excluding people with disabilities from the world jects and services must be based on the principles of work’, Employment Sector Working Paper No. 43 of non-discrimination and participation, which (Geneva, ILO, 2009).

Box 4.3 How should the results of development cooperation be measured? In order to measure results, it is first necessary services, for example to put in place structures to define and describe the starting point (the such an institution or a monitoring system. How- actual situation or benchmark) and the problem ever, the fact that a product or service has been itself, for example women’s lack of political par- delivered is usually not enough to yield the ticipation. A goal must then be formulated that desired result. The true results can only be seen sets out the desired result of the project or pro- when the product or service is being used and is gramme. The goal should be specific enough for having a tangible effect on the target group. The the change in relation to the starting point to be social impact of a project or programme can sel- measurable, for example: ‘Women participate in dom be measured precisely. Usually the results politics on an equal footing with men.’ Relevant have to be viewed in a larger context where indicators, for example the number of women other factors are also present, and the degree to members of parliament, must be chosen that which the measure concerned has contributed will show how much progress has been made to development is then evaluated. In the work of towards the desired result. advancing democracy building and human Real change takes time and often involves rights, it should be possible to establish with a temporary setbacks. This applies not least to sufficient degree of probability that an activity democracy building and efforts to strengthen supported by Norway has contributed to human rights. The results can be measured at change. This can only be established by having many levels and at different stages of the project a clearly defined starting point, a specific goal, or programme cycle. Some projects and pro- relevant indicators and effective risk manage- grammes are designed to deliver products or ment. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 55 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation receive the information and services necessary to help prevent child and maternal mortality, 4.4.3 Priority partner countries unwanted pregnancy and HIV infection, as well as The Government intends to introduce a new cate- improving health services in general. gory designated priority partner countries or ‘focus countries’, where it will intensify and con- centrate development efforts. Concentrating Priorities: country expertise, control and follow-up capacity pursue a human rights-based development pol- in the Ministry of Foreign Affairs, Norad and the icy and humanitarian assistance; embassies will be more efficient and make it eas- develop and employ relevant tools for the For- ier to measure and communicate results. eign Service’s human rights efforts in develop- The Government’s aim is to engage with the ment cooperation, including other thematic ini- designated countries in broad, long-term, poverty- tiatives, that address ways of advancing human oriented cooperation. These will be countries rights through dialogue and written agree- where we have good country expertise and can ments or partnerships; make a difference, and where we have a presence review the overall system of grant management that allows close follow-up and ongoing dialogue of the Ministry of Foreign Affairs, Norad and with the authorities. In the process of selecting FK Norway with a view to upgrading and har- focus countries, two categories stand out. One is monising the human rights provisions. vulnerable states. Such states have weak govern- ment institutions, inadequate legal protection and ongoing armed conflicts or a high risk of such 4.4.2 The impact of negative developments conflicts breaking out. These are the countries in individual countries on development with the poorest populations and a serious human- cooperation itarian situation, where the Millennium Develop- Progress, or lack of it, in a country’s human rights ment Goals are the furthest from being achieved, situation will have a substantial effect on how the and where support from the international commu- Government organises development cooperation nity is crucial, even when political and social with the country and how much economic sup- change is progressing slowly or not at all. Stabili- port the country is to be given. In a country where sation and peacebuilding are crucial in these human rights, democracy and the rule of law have countries. It takes a long time to achieve results in worsened over time, Norway may, on the basis of vulnerable states, and the risk of setbacks is typi- an overall political assessment, reduce support or cally high. At the same time, these are the states direct it through other channels, such as the UN where the costs and risks of refraining from system or civil society organisations. Many factors engagement will be highest. play a role in this assessment, including the conse- The second category of priority partner coun- quences of the different forms of response. tries consists of the more stable developing coun- Reducing development assistance may make the tries with better functioning institutions. Here the situation of the most vulnerable groups even authorities must demonstrate a willingness to worse. Consultations with local partners are implement reforms. The transformation from a therefore essential in any assessment of whether poor, low-income country to a middle-income to freeze or reduce development assistance. If a country requires the establishment of the rule of reduction is considered to be the most appropri- law, anti-corruption measures and a more effec- ate measure, Norway will encourage other donors tive taxation system. The development coopera- to do likewise so as to give a stronger signal to the tion will place greater emphasis on private sector government of the recipient country. development and sound resource and revenue management. In all of the priority partner coun- tries greater priority will be given to coordination Priority: and division of labour with other donors. Norwe- set clear conditions for recipients of Norwe- gian development assistance sets out to put both gian aid as regards their willingness to make categories of countries in a better position to safe- progress on human rights, democracy and the guard the interests of their citizens and fulfil their rule of law by specifying the basic conditions human rights obligations. for Norway’s support, and making it clear that The Norwegian authorities will maintain a dia- serious breaches of these conditions will have logue and close cooperation with the authorities in tangible consequences for the cooperation. the priority partner countries, with importance 56 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 attached to predictability and engagement in a another way of exerting influence, in addition to number of different sectors. Better market access the ongoing work of the board. In the light of the in Norway and a stronger focus on private sector banks’ financial mandate, the most persuasive development are relevant elements in this efforts. arguments are likely to be those that demonstrate Political and economic analyses and evaluations of a link between human rights and economic devel- the human rights situation and degree of democ- opment. racy will be conducted for each focus country, to For the first time, the new overall strategy of be used as reference values for the cooperation the World Bank Group contains an explicit refer- and serve as a basis for setting clear priorities for ence to human rights. The Bank’s support for the organisation and goals of Norwegian assis- state-building processes in the reconstruction tance. Once this has been done, negotiations will phase after a crisis often has some influence on be entered into with the recipient countries on civil and political rights, and substantial funding is joint priorities and goals, which will then be fol- provided for development activities organised by lowed up, including in annual meetings. local communities. The World Bank’s safeguards policies cover, among other things, indigenous rights, how to deal with displacement in connec- Priority: tion with Bank-financed infrastructure projects, seek to ensure that the agreements with prior- and grievance mechanisms. The World Bank ity partner countries include human rights obli- Group’s private-sector organisation, the Interna- gations as a foundation for bilateral dialogue tional Finance Corporation (IFC), has published and cooperation, and that the human rights Performance Standards that contain guidelines on perspective is reflected in the cooperation how to conduct the necessary risk and impact goals and results reporting. analyses for a project to become a sustainable business. Norway is seeking to ensure that both the 4.4.4 Human rights in the multilateral World Bank and the International Monetary Fund financial institutions (IMF) follow the UNCTAD Draft Principles on The multilateral development banks are key Promoting Responsible Sovereign Lending and sources of financing and guidance for borrowing Borrowing, which have a human rights perspec- countries, and key actors in the development tive. debate. They have a strong normative influence, Over the last 15 years, the Inter-American due especially to their financial importance and Development Bank (IDB) has shown increasing broad thematic engagement. None of these banks awareness of human rights issues in areas such as have an explicit human rights mandate, since minority rights, gender equality, pollution and human rights have always been perceived as sen- financial irregularities. This can be clearly seen in sitive issues in the context of their work. The internal policy development and in risk manage- broad range of the banks’ activities, however, is ment related to its safeguards policies. The IDB highly relevant to the human rights agenda. private-sector organisation, the Inter-American There is a growing tendency for both the World Investment Corporation (ICC), adopted new safe- Bank and the regional development banks to guards policies in 2013 that are fully in line with approach this agenda more openly and actively. the IFC Performance Standards. The IDB is fore- Human rights now have a higher profile in the most among the multilateral banks in policy devel- policy documents of the multilateral financial insti- opment and standards for the inclusion of tutions and in the safeguard mechanisms for women’s rights and gender equality considera- assessing the social and environmental impacts of tions. It is also at the forefront internationally in loan-funded programmes. Together with like- the development of a unique, legal identity for all minded countries, Norway actively seeks to citizens and residents. ensure that the programmes make positive contri- As the result of a compromise, the new safe- butions to stakeholders’ rights. The member guards policies of the African Development Bank countries in the region have a majority on the (AfDB) contain a general reference to human boards of the regional development banks, and rights as a guiding principle. This enables the the composition of the board therefore influences board members to ensure that human rights con- which views on strengthening the human rights siderations are taken into account in all projects perspective are likely to prove acceptable in policy and programmes that are subject to the board’s formation. Earmarked voluntary funding is approval. 2014–2015 Meld. 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Compared with the other development banks, employ an increasing number of people. Through the Asian Development Bank (ADB) has more their investments and job creation, Norwegian articulated guidelines for human rights. The companies have considerable influence, and by social safeguards policy includes the rights to showing responsible business conduct they can shelter, livelihood and services. The guidelines promote social development in the countries emphasise the right of the poor and vulnerable to where they operate. The Government appreciates be heard and to have access to information and that an increasing number of Norwegian compa- freedom to choose their own development. The nies are integrating social responsibility into their ADB’s safeguard policy for indigenous peoples business strategies. includes the rights to self-determination and non- The Government expects that Norwegian discrimination, cultural rights, and the rights of companies consider how best to follow up the rec- the elderly and persons with disabilities. The ADB ommendations in recognised international stand- also has grievance mechanisms whereby commu- ards for responsible conduct. The Norwegian nities can protest if they believe that the Bank is authorities will take steps to provide businesses not following its own guidelines. with necessary information regarding interna- tional guidelines and the local human rights situa- tion, and will advise companies operating in chal- Priorities: lenging markets. The increasing global recogni- seek to ensure that human rights are given tion of international guidelines is important as weight by the boards of the World Bank Group these contribute to a more equal and predictable and the regional development banks in all operating conditions, including for Norwegian types of loans and through earmarked volun- businesses. tary funding; seek to ensure that human rights considera- tions are clearly taken into account in the safe- 4.5.1 The UN Guiding Principles on guards policies for the social and environmen- Business and Human Rights tal impacts of the regional development banks’ In 2011, the UN Human Rights Council adopted lending practices; the UN Guiding Principles on Business and seek to ensure that the multilateral financial Human Rights following negotiations facilitated institutions follow the UN Guiding Principles by Norway. The principles have rapidly become on Business and Human Rights or use relevant the prevailing international standard for business international standards that promote progress and human rights, and have been integrated into towards the Guiding Principles. the UN Global Compact, the OECD Guidelines for Multinational Enterprises and a number of indus- trial standards. A number of companies have also 4.5 An active and responsible implemented the principles in their operations. In business sector summer 2014, the Human Rights Council decided, without a consensus, to establish a Working Increased trade, investment and private sector Group to develop an internationally binding development are necessary for economic growth, instrument on business and human rights. The employment and development. Many developing process could undermine the agreement on the countries have experienced substantial economic Guiding Principles, which are the result of a growth in the last decade, which means that unique global compromise between states, civil donors’ relations with them have become less aid- society and the business sector. Like other West- oriented and have taken on a more reciprocal ern countries, Norway will therefore give priority political and economic orientation. An active and to the efforts to strengthen national and interna- responsible international business engagement tional implementation of the Guiding Principles. can have a positive influence also in the area of The UN Guiding Principles are non-legal rec- human rights. ommendations that apply to all states and enter- Some of the world’s fastest growing econo- prises regardless of size, sector, location, owner- mies have weak governance and poorly developed ship or structure. They consist of three main prin- legislation for protecting human rights. Norwe- ciples, based on existing obligations under inter- gian companies are increasingly focusing on and national law: establishing themselves in these new markets. – states’ obligation to protect against human They invest and have large financial outputs, and rights abuses within their territory and/or 58 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

jurisdiction by third parties, including business ples put special emphasis on states’ responsibility enterprises, and to safeguard human rights to assist business enterprises in conflict-affected through national legislation; areas, where there is a particularly high risk of – expectation that all business enterprises human rights abuses. respect human rights, beyond following the The Ministry of Foreign Affairs will issue a rules and regulations in the country of opera- national action plan for implementing the UN tion, and that they conduct human rights due Guiding Principles. The plan will provide the diligence; framework for a coherent, coordinated approach, – states’ obligation to ensure, through judicial, specify which authorities are responsible for the administrative, legislative or other appropriate various areas covered by the Guiding Principles means, access to effective remedy when and set out measures for further follow-up. The human rights abuses occur within their terri- plan is intended to ensure that the principles are tory and/or jurisdiction, and encourage busi- understood and made relevant for state-owned nesses to participate in or themselves have enterprises, as well as to clarify that all Norwegian non-judicial grievance mechanisms for those enterprises are met with the same expectations, affected by their operations. regardless of which authorities they are in contact with. The national action plan will clarify the expectations concerning companies’ practice of States’ obligation to protect against corporate social responsibility, including respect human rights abuse for human rights, and ways in which the authori- A state’s responsibility to ensure that human ties can assist in these efforts. rights are respected within its jurisdiction includes an obligation to provide protection against abuse by third parties, including busi- States’ responsibility to ensure access to nesses, by legislation and other means. The UN grievance mechanisms and effective remedy Guiding Principles are derived from the states’ The UN Guiding Principles describe states’ obligations under human rights conventions and responsibility to ensure that there are judicial, the ILO core conventions, which are discussed in administrative, legislative or other appropriate more detail in chapter 3.4.7. means for addressing human rights abuses, for According to the Guiding Principles, states example through compensation. The principles should: refer to the OECD National Contact Points, – set out clearly the expectation that all business ombudsmen and other complaints mechanisms. enterprises domiciled in their territory and/or The OECD Guidelines for Multinational Enter- jurisdiction respect human rights in all their prises set out non-binding, non-judicial principles activities; and standards for responsible business conduct. – enforce laws and regulations that is aimed at, At the same time, the governments adhering to or has the effect of, requiring business enter- the guidelines expect enterprises to assess how prises to respect human rights; best to implement the guidelines. All OECD coun- – ensure that laws and policies do not constrain tries have committed themselves to establishing business enterprises’ respect for human rights; National Contact Points (NCPs). The Norwegian – provide effective guidance to business enter- NCP is a partial advisory body that assists the prises on how to respect human rights throug- Norwegian authorities in promoting the OECD hout their operations; Guidelines and provides advice and guidance on – encourage, and where appropriate require, complaints in individual cases. The NCP is not a business enterprises to communicate how they monitoring or control body. The national contact address their human rights impacts. point should give emphasis to developing and maintaining good relations with the Norwegian The Guiding Principles recommend that states business sector, especially companies that operate should clearly express their expectations that in vulnerable states where there is a higher risk of business enterprises respect human rights, also complicity in inappropriate conduct. The NCP when operating abroad. This applies particularly shall also develop and maintain contact with the when the state itself is involved in the business social partners and other stakeholders that can activities. In such cases due diligence is consid- promote the broadest possible application of the ered a necessary and appropriate tool for ensur- OECD Guidelines. On the basis of individual ing respect for human rights. The Guiding Princi- enquiries, the NCP reviews specific instances 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 59 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation related to a particular company’s activities in the context of the Guidelines. If an enquiry is consid- ered to be relevant, the NCP shall facilitate dia- Box 4.4 Industry dialogue on logue and mediate between the parties with a view freedom of expression and privacy to resolving the issue. In 2011, leading actors in the telecommunica- tions field initiated a dialogue on the interac- tion and boundaries between freedom of Corporate responsibility expression and the right to privacy. The com- Corporate responsibility for respecting human panies wished to develop tools, measures and rights covers a broader field than merely follow- an open dialogue with stakeholders based on ing the legislation of the country where the com- the UN Guiding Principles and their own pany operates. The UN Guiding Principles on experience of public authorities’ use of tele- Business and Human Rights recommend that the communications data, telecommunications company concerned should monitoring and website blocking. In March – declare that it respects human rights; 2013, the Telecom Industry Dialogue on Free- – conduct human rights due diligence, so that it dom of Expression and Privacy published its avoids violating the rights of groups or indivi- 10 guiding principles. The principles are: pol- duals; icy commitment, raising awareness and train- – have a system for dealing with instances where ing, impact assessment and due diligence, it has been complicit in activities leading to a sharing knowledge, processing (handling and violation of human rights. anticipating government requests), external reporting, mitigating risks of governmental The Guiding Principles define ‘due diligence’ as demands, informing policy and regulations on the measures a company takes to identify, pre- freedom of expression and privacy, employee vent, limit and provide an account of how it deals safety and liberty, and grievance mechanisms. with the impacts of its activities on human rights. Participating companies report annually on The scope of the assessment depends to some their implementation of the principles, which extent on the company’s areas of activity, ties and have been translated into a number of differ- particular characteristics. The company itself ent languages. As of September 2014, the par- should decide how best to implement the recom- ticipating companies are Alcatel-Lucent, mendations on due diligence assessments, but all AT&T, Millicom, Nokia Solutions and Net- companies should regularly conduct such assess- works, Orange, Telefonica, TeliaSonera, the ments as part of their activities. Vodafone Group and the Telenor Group. A The Government expects Norwegian compa- two-year collaboration has been established nies to base their corporate social responsibility with the Global Network Initiative. work on the UN Guiding Principles, and to con- sider how they should conduct due diligence assessments in order to ensure that their activities intensify the efforts to inform and advise busi- do not in any way violate human rights. nesses on the Guiding Principles and other internationally recognised corporate social responsibility guidelines and standards, includ- Priorities: ing the OECD Guidelines for Multinational develop a national action plan for coherent fol- Enterprises. low-up by Norwegian authorities of the UN Guiding Principles on Business and Human Rights; 4.5.2 Know-how and dialogue continue to play an active role in the efforts The Government will take active steps to promote relating to human rights and business in the international standards for business and human UN Human Rights Council and international rights and clarify how they can be followed in the organisations, for example by seeking to various sectors. In these efforts it is essential to ensure that international organisations and establish a dialogue with the business community development banks are implementing the and civil society, and the Norwegian authorities Guiding Principles; attach importance to input from KOMpakt, the Government’s consultative body on matters relat- ing to CSR. KOMpakt consists of representatives 60 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 of the social partners, civil society, companies and enterprise. Enterprises should make systematic other centres of expertise and is a key arena for efforts to avoid human rights abuses in order to dialogue with civil society in Norway. reduce the risk of complicity. There is a need for further knowledge about According to the white paper, the Government the most effective strategies for identifying and also expects that: preventing the risk of companies becoming com- – enterprises in which the state has an owners- plicit in human rights violations. hip interest respect fundamental human rights, as set out in international agreements, in all their activities, and that the same applies to Priorities: their suppliers and business partners; strengthen local institution-building and civil – all enterprises in which the state has an society in partner countries where there is a ownership interest integrate all factors relevant special need to increase protection against the to human rights into their activities; risk of business-related abuses; – enterprises conduct relevant due diligence provide support for building capacity and assessments in line with the recommendations expertise on corporate social responsibility in in the UN Guiding Principles in order to avoid Norway among Norwegian companies; complicity in human rights abuses, and report strengthen the efforts of the foreign missions on how they deal with issues that have a bea- to advise Norwegian companies on human ring on human rights. rights in the host country as an integral part of business promotion. Box 4.5 Due diligence in state 4.5.3 Enterprises that are partly or fully enterprises state-owned The Norwegian Guarantee Institute for Export Credits (GIEK) and Export Credit The Government’s expectations of partly or fully Norway help to finance Norwegian export state-owned enterprises are set out in its white contracts. Companies that apply for financing paper on the importance of ownership for diver- are required to submit environmental and sity and value creation.4 The Government has social impact analyses for their projects. both general and more specific expectations of These indicate whether there are any special these enterprises in terms of corporate social risks attached to the project and which consid- responsibility. The specific expectations fall under erations the applicant or project developer has four thematic headings: climate and the environ- taken into account. Further contact with the ment, human rights, workers’ rights, and anti-cor- applicant is based on this information, which ruption. The Government’s expectations are also indicates what additional information is based on national and international standards, necessary in order to process the application. conventions and reporting norms. The Govern- Applications are evaluated and followed up in ment expects Norwegian enterprises in which the accordance with the social and environmental state has an ownership interest to be well impact assessment. The goal is to ensure informed regarding the UN Guiding Principles on responsible conduct in view of the social and/ Business and Human Rights and their incorpora- or environmental risks of the projects. tion into the OECD and EU guidelines. Innovation Norway administers a substan- Large companies with international operations tial share of the state funds for business devel- make growing use of due diligence in risk assess- opment. This state-owned enterprise offers ment and reduction, as recommended in the UN financing, expertise, promotion, networking Guiding Principles. This also applies to a number and advisory services, and assists Norwegian of companies in the state’s portfolio of enterprises companies in Norway and companies with where the state has direct ownership. In addition international ambitions. Corporate social to the consequences for those affected, complicity responsibility is an integral part of Innovation in human rights abuses can seriously damage its Norway’s activities, as well as a priority area in reputation and result in substantial costs for the its own activities and in communication with clients. 4 Meld. St. 27 (2013–2014) Et mangfoldig og verdiskapende eierskap 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 61 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

Enterprises in which the state has an ownership principles and rights they set out are included in interest are expected to respect and promote the UN Guiding Principles. decent work, where core labour standards and Norwegian central government agencies and rights at work are upheld and employees are paid wholly state-owned companies that promote activ- a living wage. These enterprises are also expected ity and competitiveness in the business sector to be familiar with national legislation and interna- should show sufficient due diligence to reduce tional agreements relating to working conditions. corruption and adverse impacts on human rights The ILO’s eight core conventions cover the funda- and the environment. mental principles and rights at work: the right to freedom of association and collective bargaining, the elimination of all forms of forced or compul- Priority: sory labour, the elimination of discrimination in seek to improve ownership dialogue with respect of employment and occupation, and the enterprises where the state has direct owner- effective abolition of child labour. ILO member ship, as set out in the white paper on the impor- states are obliged under international law to com- tance of ownership for diversity and value crea- ply with the core conventions. The conventions tion. also apply in the field of human rights, and the 62 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

5 Efforts to promote human rights through the UN

Norway’s human rights efforts in the UN, both at Government will therefore invest in, and mobilise the normative and at the operational level, will be support for, the human rights efforts of the whole based on the Government’s three main human UN system. The Government will seek to protect rights priorities – individual freedom and public established human rights and support decisions participation, the rule of law and legal protection, to improve fulfilment of existing human rights and equality and equal opportunities. Norway’s obligations. The Government will pursue a coher- efforts will also be based on the Government’s ent and consistent human rights policy across the coherent human rights policy, as described in various global and regional forums, including in chapter 4. This applies to all areas of foreign and the relations with the various UN bodies. It is also development policy, including humanitarian aid, essential to view the multilateral engagement in climate and environmental policy, and security relation to the bilateral efforts. Knowledge and policy. Protecting and further developing interna- experience gained through bilateral efforts will be tional conventions and norms, and strengthening used in multilateral efforts and vice versa. This the ability of the multilateral system to help coun- will provide synergies and mutual reinforcement tries meet their obligations, are essential. The in all priority areas.

Figure 5.1 Firuz Kutal, Norway 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 63 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

5.1 The UN’s normative role sions to improve the fulfilment of existing obliga- tions. Governments should not be able to evade human rights obligations by citing traditional val- The idea of cultural relativism is nothing but an ues, national sovereignty or the principle of non- excuse to violate human rights. intervention. We will engage in cross-regional cooperation with countries that share our views on the importance of human rights and with civil Human rights are one of the three pillars of the society to stand up against countries that are try- UN system, on a par with development and peace ing to undermine such efforts. We will seek to and security. The three pillars are interlinked and identify areas of common interest and enter into mutually reinforcing, and the principles of the rule strategic alliances on a case-by-case basis or in the of law are recognised as being fundamental to pro- form of more long-term, extensive partnerships. gress on all three areas. These efforts will benefit from a clear interna- Today there is a comprehensive, international tional human rights profile and a broad approach body of human rights instruments that enjoys and involvement in most of the human rights broad support and exerts considerable influence. issues on the international agenda. The UN has played a decisive role in the develop- ment of these norms. They are upheld and further developed on an ongoing basis in the UN General Priority: Assembly in New York and the UN Human Rights further enhance a Norwegian role in the nor- Council in Geneva. In addition, human rights con- mative work of the UN in order to protect and siderations are important for the work of a range strengthen human rights. of UN agencies, such as ILO and the World Health Organization (WHO). Normative work in the UN touches on sensi- tive political issues. There are sharp dividing lines 5.2 From norms to reality: Increasing between states that work for strong international the effectiveness of the UN human rights protection and those that dismiss Despite considerable progress in the development criticism or other forms of engagement by claim- of a sound international human rights framework, ing that this constitutes interference in a state’s the effectiveness and implementation mecha- internal affairs. The task of ensuring continued nisms of the international community do not support for established political and legal obliga- match either the normative framework or the tions is a challenging one. The fundamental human rights challenges. In practice, respect for human rights principles are sometimes met with human rights varies considerably, and many good the claim that they must be interpreted in the con- and relevant UN decisions are not being imple- text of national and regional historical, cultural, mented. In some countries, this is due to poor economic and religious differences. For example, institutional capacity and lack of expertise. In oth- some states assert that so-called traditional values ers, the authorities have the capacity but may not should set limits on the rights of the individual, wish to take the necessary practical measures to and a number of states are mobilising forces to protect human rights. A well-functioning legal sys- preserve entrenched family and gender role pat- tem at the national level is vital for ensuring that terns. This is nothing new, but the opponents of human rights are respected. For this reason, the human rights tend to be increasingly better organ- Government is giving priority to supporting ised. efforts to build well-functioning stated governed Normative work also risks being undermined by the rule of law. by states that are continually raising new topics The UN has a key role to play in ensuring for the UN agenda that may have limited or little states’ compliance with international human reference to human rights. This diverts discus- rights law. The Government will therefore sup- sions away from serious human rights challenges, port efforts to modernise the UN and make it and can be seen as a strategy for distracting atten- stronger and more effective, thereby enhancing tion from issues that particular states or groups of the organisation’s capacity to assist states in fulfill- states do not wish to have discussed in the light of ing their human rights commitments and obliga- their own domestic human rights situation. tions. The Government will work for the protection It is vital that the UN speaks with one voice, of established human rights and support deci- and that human rights are in effect mainstreamed 64 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 into the whole of the UN system. It is the whole size of its mandate. Less than 3 % of the regular system, and not just the dedicated human rights UN budget goes to human rights efforts, under institutions, that is responsible for promoting the Office of the High Commissioner for Human respect for human rights through a rights-based Rights (OHCHR), the Human Rights Council and approach. Norway is a driving force in this work, its mechanisms, the treaty bodies, the special rap- including through its contributions to reform of porteurs and other independent experts. The the UN development system and its position as a Government will therefore seek to ensure that the key supporter of the efforts to mainstream a UN is provided with sufficient funds to help indi- human rights perspective into all UN activities. vidual countries comply with their human rights Examples of such efforts are the Secretary-Gen- obligations in its regular budget, through Nor- eral’s Human Rights Up Front Action Plan and the way’s voluntary contributions to UN human rights Human Rights Mainstreaming Mechanism under work, and by motivating other important donors the UN Development Group (UNDG-HRM), to increase their contributions to this field. which provides support and expertise to resident coordinators and UN country teams. The Human Rights Up Front initiative is an Priorities: important step towards strengthening the human full support to the Secretary-General’s Human rights perspective in all UN activities. This will Rights Up Front initiative as part of the efforts help to prevent armed conflict and serious abuses. for a more effective UN in which human rights The initiative is intended to ensure that the UN’s are given priority across the organisation; voice is clearly heard when human rights are vio- seek to strengthen cooperation within the UN lated. system, between the UN and the multilateral The Norwegian authorities will also support financial institutions, and between the UN and regional human rights systems with a view to regional organisations, with a view to promot- improving the overall effectiveness of human ing human rights; rights monitoring mechanisms at the multilateral seek to ensure that UN organisations support level. The Government will work to promote UN and involve civil society more closely in the system-wide coherence, and to strengthen cooper- work in individual countries, and enable civil ation between the UN system and the regional society actors to participate actively in multilat- organisations, and between the UN system and eral processes and in shaping the UN agenda; the multilateral financial institutions. seek to ensure that a larger proportion of the Civil society participation in UN activities is regular budget is allocated to UN human rights vital. It strengthens transparency and promotes work in order to strengthen the third pillar of constructive debate on the role and work of the the UN system. UN, and thereby enhances the organisation’s credibility and influence. Everyone, including human rights defenders, 5.3 The UN Security Council has the right to unhindered access to and commu- nication with the UN system.1 Norway will The UN Security Council often deals with conflict actively seek to enable civil society to participate situations where human rights violations are a in a meaningful way in the UN’s work. It is of piv- central element. Thus in recent years the impor- otal importance to prevent threats, attacks and tance of including human rights considerations in reprisals against human rights defenders and conflict prevention has begun to receive more other actors that cooperate with the UN. Reprisals attention. Human rights are also involved in many against these actors not only violate their rights, of the thematic issues discussed by the Security they also undermine the work of the UN as a Council, such as the protection of civilians and whole. children in armed conflicts, and women’s role in Strengthening the effectiveness of the UN conflicts. In addition, OHCHR and the UN Emer- requires a willingness to act on the part of UN gency Relief Coordinator report regularly to the leaders, but it also requires political will and finan- Council. The Security Council is an influential cial support on the part of the member states. The norm-setter through its decisions. Peacekeeping UN budget is small in relation to the increasing operations established by the Council may also play a key role in the protection and promotion of 1 Laid down in UN General Assembly resolution 68/181, human rights. Cooperation between the Security paragraph 18. Council, OHCHR and other human rights actors 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 65 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

Box 5.1 Syria: An example of international paralysis The civil war in Syria is an example of a case 2118 on the destruction of Syrian chemical where the Security Council has been unable to weapons. As a result of UN efforts and consider- take action. Its members agree that the armed able support from countries such as Norway conflict in the country is a threat to international and Denmark, these chemical weapons are now peace and security, but the five permanent mem- no longer in Syria. Security Council resolutions bers disagree profoundly on who is mainly 2139 and 2165 on humanitarian access also con- responsible for the conflict and which measures stitute potential progress, but so far they are should be taken by the international community having limited effects on the ground. The large- to promote a peaceful resolution. The Security scale civil war and human rights abuses show no Council, and especially the five permanent mem- signs of stopping, and have led to huge flows of bers, have a particular responsibility to find solu- refugees. The chaos has also provided a breed- tions in order to put an end to the conflict. The ing ground for terrorist groups such as ISIL. In Government has repeatedly pointed out that a resolution 2170 of 2014, the Security Council political solution will only be reached when the unanimously condemned ISIL’s actions. Gross, international community manages to join forces systematic abuses are being committed on a to put pressure on the Syrian regime and the daily basis by all parties to the conflict. As long parties on the ground. In October 2011, Russia as neither global nor regional major powers can and China vetoed a resolution condemning the agree, and the parties themselves fail to demon- Assad regime’s violent response to the demon- strate genuine willingness to negotiate for strations for democratic change. Since then the peace, the international community’s response two countries have vetoed Security Council draft to the enormous suffering and loss of life in resolutions a further three times. However, the Syria will continue to be inadequate. Council members agreed to adopt resolution is essential for the most effective use of resources 5.4 The UN General Assembly and the and for exerting the greatest possible influence. Human Rights Council Use of the power of veto by permanent mem- bers2 may limit the Security Council’s ability to The UN General Assembly, which consists of all take action in serious crises. There are several the member states, is an important part of the examples of this, including situations where geno- international human rights system, particularly in cide, war crimes and crimes against humanity are its normative capacity. The General Assembly has being committed. six Main Committees, each of which deals with a Norway will seek to ensure that human rights particular field. Human rights come under the considerations are a key item on the Security mandate of the Third Committee. The Committee Council’s agenda. examines and discusses a broad range of human rights issues, and is an important arena for mobi- lising support for global initiatives. Norway has Priorities: long played an active role in the work of the Third seek to ensure that human rights considera- Committee, and will continue its broad engage- tions are a key element of the Security Coun- ment in line with the priorities set out in the pres- cil’s work; ent white paper. We lead the efforts to enhance Promote action by the Security Council, which protection of human rights defenders and inter- effectively defends human rights in serious cri- nally displaced persons, and play a prominent role ses, in line with the Council’s mandate. in the work for gender equality and women’s rights. We also seek to ensure that the General Assembly does not undermine or weaken the efforts of the Human Rights Council. The Human Rights Council, located in Geneva, was established in 2006 to replace the Commis- 2 The five permanent members are France, China, Russia, sion on Human Rights (1946–2006). The Coun- the UK and the US. cil’s main responsibility is to strengthen the pro- 66 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 5.2 Responsibility to protect Box 5.3 Special Procedures The UN General Assembly adopted the frame- Among the Human Rights Council’s most work of responsibility to protect in 2005. This important tools are the many special rappor- means that every state is responsible for pro- teurs, working groups and independent tecting its population against genocide, ethnic experts that are mandated to report and cleansing, crimes against humanity, and war advise on human rights from a thematic or crimes. The responsibility to protect has three country-specific perspective. These lay the pillars: 1) the state carries the primary respon- foundation for open, informed debate on the- sibility for protecting the population; 2) the matic issues and situations in individual coun- international community has a responsibility tries. The Special Procedures draw attention to encourage and assist states in fulfilling this to specific human rights issues, provide exper- responsibility; 3) if a state is failing to protect tise and give UN human rights efforts legiti- its population, the international community macy. However, it is a weakness of the system must be prepared to act. States’ responses that the Special Procedures can only under- may take the form of peaceful multilateral take country visits at the invitation of the tools such as enhanced diplomatic efforts or country itself. Many countries are not willing humanitarian aid, coercive measures, for to receive visits from Special Procedures, or instance through sanctions or by referring the attempt to undermine the independence of the situation to the International Criminal Court Special Procedures through detailed regula- (ICC), or the use of military force in accord- tion of their work. Norway will speak out with ance with the UN Charter. The Government a clear voice to promote the independence of endorses this broad range of tools. However, the Special Procedures in order to allow them the responsibility to protect framework does to carry out their important mandates without not in itself provide a basis under international interference. Norway encourages all states to law for the use of force by one state against extend standing invitations to these experts. another. Moreover, the responsibility to pro- tect concept also entails promoting sustaina- ble social and economic development and the rule of law, and protecting human rights. forums include countries with different views on human rights makes it difficult to arrive at clear, achievable decisions. Despite attempts by certain countries and motion and protection of human rights around the groups of countries to limit the UN’s ability to act, globe and address serious human rights viola- the General Assembly and the Human Rights tions. It is mandated to discuss both thematic and Council continue to be important arenas for country-specific issues and situations. The fact debate on key human rights issues of our time. In that the Council is a subsidiary organ under the recent years, perseverance and systematic efforts General Assembly, and thus not an independent to achieve compromises and the broadest possible body such as the Security Council or the Eco- agreement on topical issues – often combined nomic and Social Council (ECOSOC), is a weak- with strong pressure by civil society – have ness in the light of its mandate to safeguard one of resulted in a more effective and relevant Human the three UN pillars. Norway works continuously Rights Council than many people had expected. to strengthen the Council’s ability to take deci- The composition of the Council (see Box 5.4) sions and action. The Human Rights Council’s makes it essential to develop cooperation beyond 10th anniversary in 2016 provides an occasion to traditional alliances. At the same time, Norway push this forward. will not refrain from proposing decisions that are Both the General Assembly and the Human likely to be met with strong opposition. Coopera- Rights Council are marked by geopolitical differ- tion with moderate countries in all regions will ences, and the intergovernmental work often help to maintain and strengthen protection of reflects a considerable lack of agreement between human rights. An important part of these efforts member states. Many states are against interna- is to identify common interests and priorities. tional intervention in what they perceive to be the Such approaches have been used under Norwe- internal affairs of the state. The fact that these two gian leadership to achieve clear resolutions on 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 67 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation protection of human rights defenders that have bridge-builder and facilitator in peace processes received broad support. Agreement has also been or other factors, the Government will be clear in reached on various country-specific issues and on its opposition to serious abuses and human rights the appointment of new special procedures man- violations in individual countries. date-holders for important themes such as free- dom of assembly and association, and transitional justice. Although country-specific decisions by the Priorities: Human Rights Council are mainly adopted by a have a clearly recognisable profile in the majority vote, the resolutions appointing commis- efforts to further develop the normative sions of inquiry for North Korea and Eritrea were human rights framework and help to improve adopted unanimously. However, there is still stark the implementation of UN decisions; disagreement among the Council members on a strengthen the position of the Human Rights range of issues, such as the death penalty, sexual Council and its status in the UN system, and minorities, and sexual rights. seek to ensure that sufficient UN resources are Norway was a member of the Human Rights set aside to implement the measures decided Council in the period 2009–12, and currently par- by the Council; ticipates actively as an observer. Although they do strengthen the participation of civil society not have the right to vote, observers may make actors in the work of the Human Rights Coun- proposals and participate in debates and negotia- cil, and work for civil society to be able to play tions. This enables us to play an active part in spe- a more visible role also in the General Assem- cific cases. Norway will continue to lead the work bly; in the Human Rights Council and the General be a driving force in the efforts to enable the Assembly on protecting human rights defenders, UN system to respond more effectively to and will work actively across regions to promote member states responsible for reprisals against the business and human rights agenda. Norway civil society actors, human rights defenders will also continue the systematic participation in and others due to their participation in the UN; debates on serious human rights violations in indi- provide strong backing for the UN Special Pro- vidual countries. Notwithstanding efforts as cedures in order to protect their independence,

Box 5.4 Membership of the Human Rights Council The 47 membership seats of the Human Rights states to the promotion and protection of human Council are allocated according to a fixed geo- rights should be taken into account, together graphical distribution for the five UN regions. with the voluntary pledges and commitments The members are elected by the General they have made in connection with their candi- Assembly for a three-year period. It is a cause dature.1 However, in many cases these criteria for concern that countries responsible for sys- are not complied with. Members that commit tematic human rights violations can seek mem- gross, systematic human rights violations may bership and be elected if the regional group to be suspended by the General Assembly, as which they belong does not propose a larger Libya was in 2011. number of candidates than there are seats avail- Norway will evaluate candidate states able. It is also a cause for concern that a number according to their voluntary pledges and com- of countries do not seem to share the desire for mitments and their plans for fulfilling them. In a strong, effective Council, and may seek mem- the event of re-election, particular importance is bership in order to prevent progress on key attached to the state’s practical implementation issues. On the other hand, Norway recognises of its pledges and commitments. The Govern- that if human rights protection is to improve ment will work for greater transparency con- worldwide, it is important to involve states that cerning candidate states’ compliance with their are facing major challenges in this area. human rights commitments and obligations When electing members of the Human Norway will refrain from voting if no suitable Rights Council, the contribution of candidate candidate is up for election.

1 Laid down in UN General Assembly Resolution A/RES/60/251 of 2006 establishing the Human Rights Council. 68 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

mobilise support for their access to visits all ety actors. It is conducted in the form of a dia- countries, and provide economic and political logue with the state under review and is followed support for more effective implementation of up by specific recommendations by all UN mem- their recommendations. ber states. These inter-governmental recommen- dations lay the foundation for a constructive debate, and the close participation of and contri- 5.5 The UN Universal Periodic Review butions by civil society can result in greater trans- parency around human rights issues in all states. One of the most important innovations introduced The equal treatment of all states provided by the when the Human Rights Council was established UPR process contributes to its legitimacy. So far is the Universal Periodic Review mechanism all states have taken part in the review. Following (UPR). Norway’s second UPR hearing in April 2014, the The UPR mechanism provides an opportunity Government accepted a number of recommenda- for all states to report on the actions they have tions, which is now being followed up. taken to improve the human rights situations in Each state is reviewed every fourth year, their countries and fulfil their human rights obli- through a predictable process, which provides a gations, and to have their human rights record good foundation for comparison and follow-up. reviewed by members and observer states in the The UPR process has enabled the Human Rights Human Rights Council. The review is based on a Council to raise awareness of the human rights national report prepared by the state itself, a com- situation in countries that have previously been pilation of United Nations information on the state able to avoid this. The reviews put states and civil under review, and a summary of information sub- society in a better position to target their efforts to mitted by other stakeholders, including civil soci-

Box 5.5 The Human Rights Council’s consideration of serious human rights situations Every year the Human Rights Council adopts tions of human rights in the country, with a view decisions relating to countries where human to ensuring full accountability, including for rights are being systematically and grossly vio- crimes against humanity. In March 2014, the lated. These country-specific decisions often Commission presented a disturbing report doc- result in a resolution mandating a special rap- umenting serious, wide-ranging and systematic porteur, commission of inquiry or other Special abuses. The Human Rights Council followed Procedure to gather witness accounts and other this up in the same month with a resolution con- information on systematic human rights viola- demning these abuses and calling for the situa- tions, and thereby prepare the way for a credible tion to be brought before the Security Council. A legal process. similar commission of inquiry was appointed in The United Nations Independent Interna- June 2014 to investigate the serious human tional Commission of Inquiry for Syria was rights situation in Eritrea. appointed at a special session in August 2011. In March 2014, the Human Rights Council The Commission was mandated to investigate passed a resolution requesting the High Com- all alleged violations of human rights committed missioner for Human Rights to investigate during the conflict, and since its appointment alleged human rights abuses in Sri Lanka during has systematically documented a continuing the last phase of the civil war, with a view to pre- series of gross human rights violations. The venting impunity and ensuring accountability. Commission has a demanding task, and its find- The resolution should be viewed in the context ings will be a crucial contribution to any future of Sri Lanka’s lack of ability and willingness to legal process and in preventing impunity for the conduct a credible legal process in the wake of perpetrators. the serious human rights abuses committed dur- The Commission of Inquiry on Human ing this period. Rights in North Korea was established by the Norway has contributed to the adoption of Human Rights Council in March 2013 to investi- these mechanisms by being one of the co-spon- gate systematic, widespread and grave viola- sors of the resolutions in all these cases. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 69 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation improve the human rights situation in their coun- tries. Box 5.6 The UPR process as a framework for dialogue and Priorities: coordination make systematic use of the UPR process to In addition to the fact that the UPR mecha- raise questions about difficult human rights nism is a useful tool for raising issues of issues in individual countries; human rights abuses in particular countries, make use of relevant recommendations in the the preparations for the review can provide a bilateral dialogue and cooperation with states, good platform for dialogue and coordination of and intensify the systematic efforts to encour- efforts between the authorities and civil soci- age and assist states to fulfil their human rights ety, nationally and internationally. The Gov- commitments and obligations. ernment considers that the participation of civil society actors is a necessity and a strength to the review, due to the information 5.6 The UN High Commissioner for they provide in the supporting documents, Human Rights and in the subsequent follow-up. Prior to Bangladesh’s second UPR hearing The UN High Commissioner for Human Rights in 2013, the international advocacy network (OHCHR), established in 1993, plays an important Child Rights Governance Assembly (CRGA) role as an independent voice and driving force in held a series of consultations with local and human rights protection and promotion, both national actors, including health workers, globally and at country level. OHCHR has gradu- teachers, children, parents and children’s ally increased its presence in the field and in UN rights organisations. Together they identified peacekeeping operations, which has strengthened priority issues for the review. The issues were its ability to monitor and document human rights raised with relevant national and international violations. OHCHR helps governments to imple- actors, such as various countries’ embassies in ment international human rights standards on the Bangladesh and the country’s Ministry of ground by providing expertise, technical training Finance. The CRGA also participated in several and capacity-building. It also acts as secretariat for meetings in Geneva in connection with the the Human Rights Council, the special rappor- review. The UPR preparations provided a teurs and the treaty bodies, and is an important framework for dialogue and coordinated resource for UN funds and programmes in their efforts between a wide range of children’s efforts to integrate human rights into their activi- rights stakeholders, including children them- ties. selves, and national and international authori- Only 40 % of OHCHR’s total budget comes ties. As a result, 75 % of the CRGA’s demands from the regular UN budget; the remainder is were included in the Human Rights Council’s financed by voluntary contributions. The High final recommendations. In addition, the pro- Commissioner has pointed out that lack of fund- cess strengthened cooperation within civil soci- ing is a considerable challenge to the UN system’s ety, prepared the way for new partnerships, ability to monitor and assist states in fulfilling and laid a foundation for further follow-up. their human rights obligations. This is unfortu- nate in an era where the international focus on human rights violations is steadily growing and A strong OHCHR is a vital tool for human has resulted in increasing demands by the Human rights protection, especially in view of the techni- Rights Council and its members and observers, cal and practical assistance it provides to individ- civil society actors and international organisations ual countries. Norway is one of the largest con- for measures and follow-up under the auspices of tributors to OHCHR. We are a strong political sup- OHCHR. In addition, OHCHR regularly receives porter of the independent status of OHCHR’s requests from individual states for country offices mandate, and are concerned about and oppose all and other support arrangements that it is unable attempts at micromanagement that would under- to follow up. At the same time, certain states mine its independence. In line with the Govern- actively oppose the expansion of OHCHR’s role, ment’s human rights priorities, the Ministry of due to their different views on human rights. Foreign Affairs is supporting OHCHR’s new initia- tive Widening the Democratic Space, which 70 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 emphasises key civil and political rights, human rights education, the work of human rights UNDP defenders, and the independence of the media.

Sweden 187 783 431 USD Priorities: Japan protect the independence of the OHCHR in ful- 381 618 484 USD filling of its mandate; United Kingdom increase Norway’s financial contribution to 219 443 232 USD OHCHR.

Norway 5.7 The UN treaty bodies United States 233 649 804 USD 219 443 232 USD A treaty body (a committee of independent experts) has been established for each of the UN’s ten core instruments (see Box 2.2) to monitor implementation of the treaty provisions by its UNICEF states parties. The independent experts in the committees are elected by the states parties to the Norway convention concerned. Most conventions require 241 306 000 USD the states parties to report regularly on the meas- ures they have taken to fulfil their obligations. A United Kingdom 555 387 000 USD number of them also have optional protocols on a Japan communications procedure, under which individu- 263 019 000 USD als who believe that their rights have been violated can bring a complaint against the state concerned

– i.e. countries that have adopted the protocol in United States question – to the relevant committee. The commit- 325 355 000 USD European Commission tees have played an important role in the develop- 431 365 000 USD ment of the international human rights protection system. Their decisions on whether or not the convention has been violated are not binding under international law but carry political weight. UNFPA The workload of the treaty bodies has increased substantially in the last few years. Four new committees have been established since Denmark 2004, and the number of complaints procedures 39 402 199 USD has risen from three in 2000 to eight in 2014. The Norway number of ratifications of the treaties has doubled 70 551 071 USD since 2000, leading to a corresponding growth in Finland the number of state reports submitted to the com- 43 735 780 USD mittees. The strong growth poses challenges for the secretariat and the committees, for example in terms of coordination and the processing time of Sweden Netherlands 65 258 904 USD reports. The Government will seek to ensure that 53 012 864 USD the increase in the committees’ workload is matched by adequate resources, for example by earmarking support to the Human Rights Treaties Division of OHCHR. If the treaty bodies are to fulfil their monitor- Figure 5.2 The five largest donors to UNDP, ing function effectively, the quality of their work UNICEF and UNFPA must be ensured. This depends on the commit- Source: UNDP Annual Report 2013–2014, UNICEF Annual tees’ composition, working methods and other Report 2013, UNFPA Annual Report 2013 conditions. In particular, questions have been 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 71 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation raised about whether the composition and work- mitments. Through our membership of governing ing methods of all the committees satisfy the legal bodies of UN organisations and in our direct dia- requirements for bodies that consider individual logue with the organisations themselves, we are complaints. For example, if a committee bases its able to influence the direction of the organisa- considerations on an interpretation that goes tions’ overall activities, including the use of funds. beyond what could be established from the basic The Government will make special efforts to rules of treaty interpretation under international ensure that UN development organisations adopt law, its legitimacy will be weakened. It is also a rights-based approach in their activities, main- important that the committees’ work satisfies the stream human rights into their work at country basic requirement for disclosure and the principle level, and improve their documentation of results. of hearing both sides of the case. The level of our financial support will be influ- The Government will take the initiative for a enced by the effectiveness of the UN system and discussion on the treaty bodies’ composition and its ability to obtain results in the Government’s working methods with a view to enhancing the priority areas. Norwegian efforts and financial quality and effective functioning of the system, contributions will be primarily targeted at UN and will seek to ensure that committee members organisations that deliver good results. We will have the right qualifications. For example, the also support and help to design reforms for the Government will take account of the recommen- UN development system. The Secretary-General’s dations from OHCHR that were included in the Human Rights Up Front initiative plays a key role General Assembly resolution of April 2014 on in integrating human rights into the activities of strengthening and enhancing the effective func- the UN system as a whole. tioning of the human rights treaty body system The field of development cooperation is chang- (A/RES/68/268). Norway will also put forward ing; a growing number of middle-income coun- qualified Norwegian candidates for central human tries are now better equipped to deliver services rights positions in the UN. themselves, and a rapidly rising number of other development actors have emerged that are often more effective than UN organisations. The future Priorities: UN on the ground may not necessarily be the take the initiative for a discussion on the com- most important actor in areas where it is substan- position and working methods of UN treaty tially engaged today. We need to identify which bodies with a view to enhancing the quality and activities can more effectively be performed by effective functioning of the system; other actors. The Government believes that UN earmark funding to UN treaty bodies and seek organisations should focus more closely on pro- to ensure that the committee members have viding expert advice and capacity- and institution adequate qualifications. building. Among the UN organisations’ most important tasks are supporting agents for change, serving as a voice for human rights, and seeking 5.8 Human rights in the UN to ensure that respect for human rights is development system reflected in member states’ national policies and legislation. UN development efforts are undertaken by a large number of funds, programmes and special- ised agencies. They have both normative and Priorities: operational mandates for basic social sectors such seek to ensure that UN development organisa- as health, education, gender equality and promo- tions integrate human rights into their efforts tion of the rule of law. They provide expert advice, with a view to promoting compliance with, and undertake capacity- and institution-building, and implementation of, human rights commitments deliver services. and obligations at country level; In addition to its annual core contributions to emphasise human rights in all work in UN gov- the UN development system, Norway provides erning bodies and in a dialogue with UN funds, financial support in thematic and humanitarian programmes and specialised agencies, and areas, and is engaged in programme and project seek to ensure that they adopt a rights-based cooperation. Supporting multilateral organisa- approach to their development and humanitar- tions is also a rational way of financing global com- ian activities. 72 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 5.7 Human rights in UN funds, programmes and specialised agencies In the individual partner countries, promotion of security policy. The organisation is involved in human rights is the task of both the UN country the development of international norms for gen- team as a whole and of the individual organisa- der equality; assists member states in imple- tions within their respective mandates. As one of menting these norms, and coordinates the the largest contributors to UNDP, UNICEF, efforts to mainstream the gender perspective in UNFPA, UN Women and WFP, Norway is all parts of the UN system. actively promoting the integration of human UNFPA’s mandate is to promote the individ- rights concerns into these organisations’ activi- ual’s sexual and reproductive health and repro- ties. The mandates of UN specialised agencies, ductive rights, with a particular focus on such as FAO, WHO, UNESCO and ILO, include women’s rights and gender equality. UNFPA’s the realisation of human rights. The examples work also includes young people and their right below give an idea of the ways in which UN to sexual and reproductive health and compre- funds, programmes and specialised agencies hensive sexuality education. One of the main work to promote the priorities in the human objectives is to ensure universal access to inte- rights field. grated health services for sexual and reproduc- One of the main objectives of UNDP is to tive health that are gender-sensitive and comply contribute to public participation, development, with human rights standards. The right to the principles of the rule of law and accountabil- choose is a key principle. ity by helping countries to develop systems that Specialised agencies are also mandated to promote democratic governance. The organisa- promote a rights perspective. The agencies tion also helps countries to bring their national work within their respective mandates – for policies and legislation into line with interna- example WHO in the health field, FAO in food tional norms, and works to strengthen integrity security and nutrition, UNESCO in education in public institutions and in the justice and secu- and culture, and ILO in the field of labour stand- rity sector, and increase the public’s access to ards – to draw up agreements and guidelines the legal system. In addition, it supports the that establish rules for how states should coop- establishment of monitoring functions such as erate with one another and safeguard the rights national human rights institutions, and the of their citizens. For example, the Voluntary greater involvement of civil society. Guidelines on the Right to Food adopted by UNICEF’s activities are targeted at all FAO in 2004 provide detailed practical guide- aspects of children’s rights, including education, lines on how countries can and must realise the health, nutrition and protection. The organisa- right to food. Another example is the Voluntary tion is a global advocate of children’s rights, and Guidelines on the Responsible Governance of promotes these rights as a development actor Tenure of Land, Fisheries and Forests in the and in its increasingly extensive humanitarian Context of National Food Security, which were efforts. Children with disabilities often come off endorsed by the Committee on World Food worst, especially in crises and conflicts, where Security in 2012. They promote among other their numbers are disproportionately large and things women’s right to own, use and inherit their need for protection is greatest. land that they and their families depend on for The issue of women’s rights and gender household food production and income. equality is one of the most important priority Although many of the norms and guidelines areas in the Government’s UN policy. UN developed by the specialised agencies are volun- Women is particularly concerned with women’s tary, they provide civil society in particular with political and economic rights, violence against a foundation for lobbying the authorities to real- women, and women’s participation in peace and ise the rights of their citizens. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 73 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

6 Efforts to promote human rights at the regional level

Global efforts to promote human rights are sup- The references to specific countries in this plemented by regional human rights structures chapter are intended to illustrate trends and cur- and mechanisms. By virtue of greater proximity rent challenges in the various regions, and do not to regional and national challenges, regional constitute an exhaustive survey of human rights mechanisms can foster stronger ownership of challenges. The situation in certain countries is efforts to protect and promote human rights. dealt with in more detail in Chapter 7, which They can contribute significantly to the develop- focuses on bilateral efforts on the ground. ment of standards and to the implementation of international human rights law and to the promo- tion of the rule of law and democracy building at 6.1 Europe and Eurasia country level. Regional human rights systems have been The European Convention on Human Rights pro- established in Europe, the Americas and Africa, vides for strong protection of human rights in and to some extent in Asia and in the Middle East. Europe. The Council of Europe, the European These systems differ in focus and in scope, and Union (EU) and the Organization for Security and are in various stages of development, with chal- Co-operation in Europe (OSCE) all promote lenges on different levels. Europe has the most human rights protection in practice. The countries effective systems, through the Council of Europe, of Western and Central Europe are well-estab- the EU and the Organization for Security and Co- lished democracies with a high degree of respect operation in Europe (OSCE). Norway is an active for human rights. Yet while this part of the world member of the Council of Europe and the OSCE. continues to lead the way in the fight for human In the Council of Europe and the OSCE, Nor- rights, there are also certain negative develop- way’s efforts are based on the Government’s ments in some countries in this region. To some human rights priorities: individual freedom and extent, the European continent is still divided, public participation, the rule of law and legal pro- more than 20 years after the dissolution of the tection, and equality and equal opportunities. The Soviet Union. Parts of Eastern Europe, the South Norwegian authorities will pursue consistent poli- Caucasus and Central Asia are governed by cies across global and regional forums, drawing authoritarian regimes that do not promote and on the knowledge and experience gained from protect human rights in accordance with interna- bilateral efforts. tional norms. On the contrary, there have been Several of the regional systems in other parts worrying setbacks against established rights in of the world are still in the formative stage, and these areas. Freedom of expression and freedom several may also face significant resource and of assembly and association have been restricted capacity challenges. Exchange of experience can in a number of countries. Minority groups, includ- contribute to further developing the various ing religious and belief minorities and sexual human rights systems. The regional systems are minorities, are subject to discrimination. Human also important partners for the UN, and for the rights defenders are often threatened, and the work undertaken by the Office of the High Com- authorities are not providing proper protection. missioner for Human Rights (OHCHR). Several of the countries in this part of Europe The Government intends to strengthen knowl- are under considerable cross-pressures. They are edge about, and contact and cooperation with, rel- geographically situated in the neighbourhood of evant regional organisations and mechanisms in Russia, while at the same time they are participat- other parts of the world, with a view to promoting ing in the partnership programmes of NATO and human rights, democracy and the rule of law. the EU. The consequences of conflicting interests Where possible, the Government will help between different bonds of loyalty have become strengthen and develop these systems. particularly clear in the human rights area. 74 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 6.1 The Council of Europe 2014 status report The report State of democracy, human rights and the rule of law in Europe shows that many of the 47 member states have considerable human rights challenges in specific areas: – ethnic discrimination/national minorities (39 member states) – conditions of detention, including over- crowding in prisons (30 member states) – corruption (26 member states) – ill-treatment by law enforcement officers (23 member states) – social exclusion and discrimination of Roma (23 member states) – set-up and functioning of the judiciary (20 member states) – shortcomings in migrants’ and asylum seekers’ rights (20 member states) – excessive length of proceedings (11 mem- ber states) – trafficking in human beings (11 member states) – lack of freedom of expression and media Figure 6.1 Monika Zec Moni, Macedonia freedom (8 member states).

The 2014 Council of Europe report on the that at present has most cases against it in the state of democracy, human rights and the rule of European Court of Human Rights. It is also prob- law in Europe, issued by the Secretary General, lematic that while open conflicts dominate the points out that human rights are currently more at European agenda, parts of Europe are experienc- risk on the European continent than they have ing more hate crime, more discrimination against been since the end of the Cold War. The report Roma and other minorities, and more discrimina- analyses developments in Europe and how the tion on the basis of sexual orientation and gender Council of Europe can help member states in com- identity, as well as pressure on independent media plying with fundamental common standards in the and restrictions on the freedom of assembly and pan-European system. The report also makes it association. clear that these standards must be maintained in order to ensure European security. Effective fol- low up of the Secretary General’s report is vital. 6.1.1 The Council of Europe The conflict in Ukraine and the conflict The Council of Europe is the only purely pan- between Ukraine and Russia, as well as develop- European international organisation, and the ments in certain other countries in Eastern European Convention on Human Rights encom- Europe, represent considerable challenges for passes all 820 million citizens in the 47 member Europe today, including for the Council of Europe. countries. The Council of Europe is thus a key The serious deterioration in the human rights sit- platform for Norwegian involvement and for the uation in Azerbaijan, even while the country was active implementation of Norway’s European pol- chair of the Council of Europe, is a particular icy. Through active participation and dialogue in cause for concern. However, the challenges in the various forums of the Council of Europe, Nor- Europe are not limited to the eastern parts of the way promotes the international rule of law and the region, although that is where the challenges are development of democracy, human rights and the the most serious. For instance, Italy is the country principles of the rule of law in a broader Europe. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 75 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

The Council of Europe has various mecha- funding for the European Court of Human Rights nisms for monitoring member states’ compliance to help it reduce its backlog of cases, as part of the with their human rights obligations. The Euro- process to make the European human rights sys- pean Convention on Human Rights established tem more efficient. the most effective and far-reaching monitoring mechanism in the world. All residents of Council of Europe member states can apply to the Euro- 6.1.2 The European Court of Human Rights pean Court of Human Rights in their own lan- Through the case law it has established over the guage to request that their case be considered if past 55 years, the European Court of Human they believe that their rights under to the Conven- Rights has given substance to, clarified, and fur- tion have been violated. The Court’s judgments ther developed the rights set out in the European are binding under international law, and the Com- Convention on Human Rights. The Court has mittee of Ministers of the Council of Europe played an important role in securing wide accept- supervises the national execution of judgments. ance for the Convention in the European legal sys- In addition to the European Convention on tems. Since it was founded in 1959, the Court has Human Rights, the Council of Europe has conven- processed nearly 600 000 applications and deliv- tions with independent monitoring mechanisms in ered more than 18 000 judgments. Judgments areas such as minority rights, torture, trafficking finding that the Convention has been violated are in human beings and social and economic rights. for the most part followed up by the country in The European Commission against Racism and question, which implements the measures needed Intolerance and the post of Commissioner for to remedy the situation and to prevent similar vio- Human Rights have also been established under lations in the future. the Council of Europe. Recently, the Council of The Court has implemented key reforms in Europe has assisted countries with particular recent years, resulting in an increase in the num- human rights challenges in drawing up national ber of applications processed and a reduction in action plans. National implementation of the Euro- the backlog. Even so, the Court and the entire pean Convention on Human Rights, including the monitoring system for human rights are facing securing of an independent judicial system, is a major challenges. The main problem is the mas- key component of these action plans. sive backlog, which is due to unprecedented The Venice Commission is the advisory body growth in the number of applications – from of the Council of Europe on constitutional matters. 10 000 in 2000 to 66 000 in 2013 – without a corre- The Commission provides legal assistance to the sponding increase in funding. The member states authorities of member states in connection with of the Council of Europe have failed to reach con- the development of constitutions and other key sensus on the need for fundamental changes to legislation. All Council of Europe member states the system. At the end of 2013, the Court had are members of the Venice Commission, as are a 70 000 cases pending that could not be declared number of countries outside Europe. inadmissible without further consideration. Of Civil society plays an important role in the these, 48 000 were what are known as repetitive work of the Council of Europe, for instance in cases. These are cases concerning structural or expert committees and at country level. However, systemic violations of human rights in certain many meetings and processes are not open to civil member states, which have not been remedied society. The work of NGOs is largely coordinated despite previous judgments against them by the by a separate body, and a number of international Court and examination by the Council of Europe NGOs believe this arrangement undermines their Committee of Ministers. Typical examples of such influence. The Norwegian authorities will work to structural problems are weaknesses in the legal ensure stronger cooperation between the Council system, such as slow processing of cases and of Europe and civil society. inadequate execution of sentences. It will not be Norway is the member country that currently possible to maintain the right of individuals to makes the largest voluntary contributions to the petition the Court unless member states enforce Council of Europe’s work for human rights and the Court’s judgments and carry out the neces- democracy. In order to ensure predictability, Nor- sary national reforms to prevent similar cases way has signed a multi-year framework agree- arising in the future. The Norwegian Government ment for its contributions. These funds will pri- will play a constructive role in helping the Council marily be used for financing and implementing of Europe to increase the efficiency of the Euro- national action plans. Norway is also providing pean human rights system. We will take active 76 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

ing the principles of the rule of law in several of the new member states and candidate countries. The enlargement of the EU has also sparked new debate about the instruments the EU has at its disposal to ensure lasting respect for human rights in its member states. The EU accession criteria, known as the Copenhagen criteria, were established in 1993 in connection with the eastward enlargement of the EU, and apply to all countries seeking member- ship. These political, economic and legal criteria must be met before a country can become a mem- ber. In the years prior to the major enlargement in 2004, the Norwegian authorities assisted the can- didate countries in their efforts to meet the acces- sion criteria through the Norwegian action plan for the EU candidate countries. This work is con- tinuing in the countries in the Western Balkans, where the process of integration with the EU remains an important driver of the reform process that will strengthen human rights and the protec- tion of minorities in the region. The Norwegian authorities cooperate closely with the EU and the Council of Europe on providing support for justice sector reform, with a view to strengthening the capacity of these countries to implement human rights in national law and ensure their application Figure 6.2 Marna Janse van Rensburg, Botswana in practice by the courts. The Norwegian authori- ties will continue its efforts to strengthen human rights in countries seeking closer integration with part in the reform process, for example by con- the EU. tributing to the special account that was set up to In addition to the Copenhagen criteria, the EU enable the Court to tackle its backlog of cases. has an extensive body of legislation and an institu- There is an ongoing debate on the role that the tional apparatus related to implementation. The Court should play. This is partly due to certain EU Charter of Fundamental Rights and the Euro- decisions that have generated dissatisfaction in pean Court of Justice are key elements of this the member states concerned. There is also dis- apparatus, but other bodies with specific tasks and sension as to whether the Court goes too far in its responsibilities, such as the European Union interpretation of the Convention and in reconsid- Agency for Fundamental Rights and the European ering national judgments. The debate on the role Institute for Gender Equality, have also been of the Court is important and necessary. Here, established. In 2012, the EU appointed its first too, Norway will play a constructive role to help Special Representative for Human Rights. The maintain the legitimacy of the European system of same year, the EU adopted a Strategic Framework human rights. and an Action Plan on Human Rights and Democ- racy as an integral part of its external policies. Where possible and appropriate, the Govern- 6.1.3 The European Union ment will consider aligning itself with the EU’s The European Union and its forerunners have human rights architecture, if this does not dupli- contributed to the advancement of peace and rec- cate the work of the Council of Europe. For third onciliation, democracy and human rights in countries such as Norway, the EU is an important Europe for over six decades, as reflected in the arena for promoting key priorities through consul- statement by the Norwegian Nobel Committee tation processes and cooperation. Norway and the announcing the award of the 2012 Nobel Peace EU often have similar views on human rights Prize to the EU. The eastward enlargement of the issues, and alignment with EU declarations and EU has highlighted the challenges of implement- 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 77 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation joint démarches can strengthen our common posi- level. Norwegian authorities also participate in tion. the cooperation within the EU to identify meas- Under the Lisbon Treaty, the EU is required to ures to address problems in the Mediterranean accede to the European Convention on Human area due to the huge flows of migration from the Rights. A draft accession agreement has been south. negotiated, facilitated by Norway, between the In close cooperation with the Council of European Commission and the Council of Europe. Europe, the Funds for Non-Governmental Organi- The draft agreement is subject to an internal sations under the EEA and Norway Grants have approval process in the EU, and will also need to drawn attention to important issues in the EU, be ratified by all the Council of Europe member such as the fight against hate crime, the need for states. If and when the EU becomes a party to the more knowledge about the history and culture of European Convention on Human Rights, it will be minorities, and education in the principles of possible to bring not only EU member states but democracy and the rule of law. also the EU as an organisation before the Euro- pean Court of Human Rights for violation of the Convention. It will then also be possible for the Box 6.2 Suspension and EU to be a party in cases brought against EU withdrawal of funding under the member states concerning the relationship EEA and Norway Grants scheme between EU legislation and the Convention. This will make it easier to place responsibility for a vio- In May 2014, the Norwegian authorities lation of the Convention on the party that is best stopped all further payments to Hungary placed to rectify the situation. EU accession to the under the EEA and Norway Grants scheme. European Convention on Human Rights would The NGO programme and a programme on strengthen the protection of human rights in adaptation to climate change are exempt from Europe and further reinforce the key role played the suspension, as the Hungarian authorities by the Council of Europe. are not responsible for the implementation of these programmes. The reason for the sus- pension is that, in contravention of the Memo- 6.1.4 The EEA and Norway Grants randum of Understanding, implementation Through the EEA and Norway Grants, the Norwe- and control of the Norwegian funding has gian authorities help to reduce social and economic been transferred out of the central govern- disparities in Europe. The scheme is designed to ment administration. In addition, the Hungar- support fundamental European values such as ian Government has carried out an illegal democracy, non-discrimination and gender equal- investigation of the NGO programme and har- ity. It also aims to strengthen contact and coopera- assed our partners (the fund operator for this tion between Norway and the 16 beneficiary coun- programme). This is also a breach of agree- tries in Central and Southern Europe, not least ment. through the NGO programmes. The total funding In order to ensure sound management of for the period 2009–14 is around EUR 1.8 billion. the EEA and Norway Grants, it is important Norway provides some 97.7 % of this funding, and that the principles underlying the scheme are Iceland and Liechtenstein provide the rest. respected. At a conference in Riga in 2013, In all agreements with beneficiary countries, which was financed by the scheme, the view reference is made to the protection of human was put forward that Latvia should be shielded rights, democracy and the rule of law, and these from the equal rights policy of the Nordic issues are also given priority in all relevant pro- countries and the West, as this policy includes grammes funded by the scheme. In addition, tolerance for sexual minorities. Closer exami- there are specific programme areas that provide nation showed that this attitude was character- for cooperation on issues where there may be par- istic of the conference organiser and its work. ticular human rights challenges. These include Norway and the other donors considered this the situation of the Roma people and other vulner- to be a clear breach of the values underpin- able minorities, development of the judicial sys- ning the Grants scheme and that are set out in tem, correctional service reform, civil society the rules and procedures for the scheme. activities, and the development of democratic Funding to the organisation concerned was institutions with important watchdog functions or therefore withdrawn. key roles in protecting human rights at national 78 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 6.3 The Roma people The Roma are Europe’s largest minority group. A vast number of Roma people live under extremely difficult economic and social conditions. Many of them are subjected to intolerance, discrimination and social exclu- sion. The situation of the Roma is a challenge for the whole of Europe, and needs to be met both through effective measures in the coun- tries where they represent a sizeable minority and through a joint European effort. Norway is helping to improve the situation for the Roma people in several beneficiary countries through the EEA and Norway Grants, provid- ing funding for projects in areas such as edu- cation, job training and health services. The Norwegian authorities cooperate closely with – and coordinate their efforts with – the EU, the Council of Europe and other actors with broad experience in this field. The Norwegian authorities also support NGOs that promote Roma rights and offer social and welfare ser- vices in areas with significant Roma popula- tions. A broad approach is needed to ensure Figure 6.3 OSCE/ODHIR Guidelines on the Protec- that the Roma people are better equipped to tion of Human Rights Defenders succeed on an equal footing with the rest of society.

Both the EU and the Council of Europe have drawn up treaties that require their member coun- gyzstan, Tajikistan, Turkmenistan and Uzbeki- tries to fight discrimination and racism. Through stan. The OSCE is the only regional organisation cooperation agreements with the Council of of this type where Russia takes part on an equal Europe and the European Union Agency for Fun- footing with the EU and the US. It is based on the damental Rights, programme efforts are systema- Helsinki Final Act of 1975, under which a state tised in cooperation with the beneficiary coun- may not dismiss criticism of serious violations of tries. In addition, there are opportunities for coop- human rights as interference in its internal affairs. eration at programme and project level with other The Helsinki Final Act sets out that the participat- bodies, including the OSCE, UNHCR, UNICEF ing states will cooperate on security, economic and WHO. This work is followed up through and human rights issues. Commitments relating annual reports and meetings with beneficiary to democratic development and respect for human countries and key actors. rights have been reconfirmed and expanded in a number of subsequent documents agreed at min- isterial level and at summits, most recently at the 6.1.5 The Organization for Security and Co- Astana Summit in 2010. operation in Europe Respect for human rights and fundamental The Organization for Security and Co-operation in freedoms is a key part of the OSCE’s comprehen- Europe (OSCE) is the world’s largest regional sive security concept. The principle is that greater security organisation, and an important forum for respect for human rights and democratisation will dialogue and cooperation on security throughout increase security for all. The OSCE’s three inde- the Eurasian region. The participating states pendent institutions – the Office for Democratic include the member states of the Council of Institutions and Human Rights (ODIHR), the Europe, the US, Canada, Belarus, Mongolia and High Commissioner on National Minorities, and five Central Asian countries: Kazakhstan, Kyr- the Representative on Freedom of the Media – as 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 79 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation well as the OSCE’s various missions in 15 partici- tions are engaged in the development of democ- pating states, all work to build institutions, racy and the rule of law, and their work is comple- strengthen democratic structures and promote mentary. Improvements in terms of democratic the participation of civil society in areas experi- rights and standards have been achieved through encing or threatened by conflict. The OSCE has cooperation at expert level between the two unique experience and expertise in observing and organisations, followed up with coordinated mediating international conflicts. This is why the efforts at political level. It is important to continue OSCE was asked to deploy the Special Monitoring to look for synergies in this context, in order to Mission to Ukraine, to which the Norwegian further strengthen cooperation and attain the best authorities are providing both funding and person- possible results through the work of both organi- nel. The OSCE is also playing an important role in sations. the practical development of democracy on the ground in a number of countries through the transfer of expertise on democracy and human 6.2 North America and Latin America rights. ODIHR’s extensive, long-term and system- atic approach to and experience in election obser- The human rights situation on the American conti- vation is a key element in this work, and sets the nents is complex, with differing challenges from standard for electoral processes. north to south and among the various Latin Amer- A number of states, including Azerbaijan, Bela- ican countries. Democracy is firmly established in rus, Russia, the Central Asian countries and Hun- North America. A diverse civil society and inde- gary, have introduced restrictions on human pendent media contribute to open debate, also on rights that give cause for concern, despite the difficult issues. Discussion of human rights mat- commitments and obligations these countries ters is an important component of the bilateral dia- have taken on through their own participation in logue with the US, where Norway also regularly the OSCE. There is debate within the organisation raises the issue of . about so-called traditional values in relation to uni- High murder rates, inadequate or non-existent versal human rights, and this creates challenges investigation into homicides, and widespread for the organisation. The growing gap in values impunity characterise much of Latin America. The between participating countries is putting the main structural challenge to the work of protect- OSCE institutions under pressure. In other words, ing human rights is the weak rule of law, and the much remains to be done to implement the com- subsequent lack of effective legal protection. The mitments and political decisions that have been courts do not have sufficient capacity; moreover, made. The aim is to further strengthen the OSCE they are not fully independent of the executive as a platform for dialogue on democracy and con- branch of government. Corruption is also wide- flict resolution. spread. There have been substantial political The budgets of the OSCE institutions have changes in many Latin America countries follow- been considerably reduced in recent years, partly ing the transition from more autocratic forms of as a result of the financial crisis and partly due to government, but in some of these countries the an attempt on the part of some countries to limit electoral process is still subject to criticism. the OSCE’s capacity to effectively monitor human The situation in Cuba gives rise to particular rights developments. In light of the continued and concern when it comes to rights that are funda- increasing challenges the OSCE is facing, the mental to an open and democratic society, such as Norwegian authorities will work to reverse this freedom of expression and freedom of assembly trend. Norway contributes to project cooperation and association. Dissidents are not able to freely under the auspices of the OSCE, and was one of form organisations or to publicly criticise the the first participating states to enter into a frame- authorities without risk of reprisals. The authori- work agreement with the OSCE on funding for ties in Venezuela restrict both the freedom of the projects that promote human rights and civil soci- media and the freedom of those in opposition to ety. The Norwegian authorities also provide promote their cause. experts to the OSCE’s institutions and missions In Colombia, which is criticised for its inability through the Norwegian Resource Bank for to protect its citizens from violence and threats, Democracy and Human Rights (NORDEM). there are numerous reports of assaults on human The Norwegian authorities consider it impor- rights defenders and union members. Various tant that the Council of Europe and the OSCE degrees of political control over free media and cooperate as closely as possible. Both organisa- the killing of journalists is also a problem in many 80 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

Latin American countries. The number of journal- A large and growing caseload is a burden on ists who are killed is particularly high in Mexico the finances and capacity of the Commission and and Honduras. In other countries as well, union the Court. The overall level of support for the members and local leaders are threatened and Inter-American system from its own member assaulted. The rights of indigenous peoples are at states is inadequate. A number of OAS countries risk in many Latin American countries, even have not ratified the American Convention of though nearly all of these countries have ratified Human Rights (the US, Canada, and seven small the ILO Convention concerning Indigenous and countries in the Caribbean), and are therefore not Tribal Peoples in Independent Countries (C169). subject to the jurisdiction of the Commission or Indigenous people and people of African descent the Court. Even so, the voluntary economic con- rarely participate in the political processes in the tributions of the US and Canada are among the countries where they live. largest to the system. The fact that Venezuela and Poverty is still a big problem in Latin Ameri- the Dominican Republic have withdrawn from the can and Caribbean countries, and is one of the Court gives cause for concern. causes of substantial migration from Central Both the Court and the Commission are America and Mexico to the US and Canada. Con- underfinanced, and improved funding in itself trol over migration routes and the increasing influ- would improve their capacity. In principle, the ence of violent drug cartels have created a breed- OAS member states should fully finance their own ing ground for human trafficking and forced dis- institutions. If a considerable share of the funding appearances. Domestic violence and problems comes from international aid, the system’s credi- related to the criminalisation of abortion are also bility may suffer. The primary responsibility for widespread in this region. financing these institutions must lie with the OAS However, despite the challenges, the overall member states. However, the current situation is situation is improving in many countries. Democ- critical, and an increase in Norwegian support racy is being strengthened, formerly excluded could be significant for the continued work of groups are being heard, the middle class is grow- these institutions. The amount of funding will be ing, and income disparities are being reduced. In determined on the basis of the support provided recent years, several countries have also adopted by other countries. legislation to protect the rights of minorities. For example, Argentina, Brazil, Mexico and Uruguay now allow same-sex marriage. A number of Latin 6.3 The Middle East and North Africa American countries are also playing an increas- ingly constructive role in multilateral forums. There are major human rights challenges in the Middle East and North Africa, including severe limitations on freedom of expression and freedom The Inter-American human rights system of assembly and association. The lack of openness The Inter-American human rights system, which and opportunity to participate were among the is a regime for the protection of human rights main reasons for the wave of uprisings that swept under the Organization of American States (OAS), through the region in 2011. In several countries, is, after the European system, the most well-estab- popular demonstrations led to the overthrow of lished and highly developed regional human authoritarian leaders, and these states are now rights system. The two main bodies, the Inter- facing challenges in building stable, sustainable American Commission on Human Rights and the democracies. Inter-American Court of Human Rights, enforce In the countries that have undergone a change the American Convention of Human Rights. Both of regime, transitional justice is virtually non-exist- the Commission and the Court are in contact with ent. Both recent and earlier incidents of abuse by the African and European systems, in part to security and police forces, and others, are still exchange experience. generally going unpunished. Even where elec- The inter-American system is widely recog- tions have been held, it will still take time to nised. However, the Court has come under pres- develop good governance based on democratic sure for putting abortion, same-sex marriage and principles, such as the right of participation, inclu- freedom of expression on the agenda, and for con- sion and pluralism. In Egypt, the situation for troversial decisions in the reparation processes in political opponents and civil society has worsened the wake of military dictatorships, such as setting since the military takeover in July 2013. Political aside national amnesty laws. opponents have been imprisoned and subjected to 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 81 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation abuse by security forces. There have been a num- Israel’s annexation of East Jerusalem and its ber of trials where fundamental legal safeguards continued occupation of the West Bank has have not been met. Libya is in a situation resem- brought about restrictions on the Palestinians’ bling civil war. The authorities are unable to pro- freedom of action and movement, and the civilian tect the population, and a number of human rights population is suffering disproportionately. There defenders and journalists have been executed. are also huge humanitarian challenges in Gaza. The human rights situation in Yemen resembles This was the case even before the conflict in the that of Libya in many ways. summer of 2014, as a result of the Israeli blockade Human rights defenders and journalists are and the authoritarian governance of the de facto also being oppressed and persecuted in countries authorities (Hamas). The hostilities in the sum- that have not had a change of regime. Minorities mer of 2014 increased civilian suffering; both and disadvantaged groups are particularly vulner- Israel and Hamas must be held responsible for able. Freedom of religion and belief tends to apply this. There is reason to be concerned about the only to the majority religion. The desire to protect status of legal protection, freedom of expression, religion, fight terrorism and safeguard the state’s and freedom of assembly and association in the interests is put forward as justification for restrict- West Bank as well. Honour-related violence is ing freedom of expression. This is particularly the another serious problem. case in Iran, Saudi Arabia and Bahrain, but also to The civil war in Syria has resulted in massive some extent in countries like Kuwait, Qatar and losses of life and terrible suffering for the popula- the United Arab Emirates. tion, and caused large flows of refugees and inter- The region still has a long way to go in terms nally displaced people. The conflict has involved of abolishing the death penalty. The death penalty brutal violations and abuses of human rights, and is allowed in most of these countries, but practice has created one of the largest humanitarian disas- varies. It is extensively used in Iran, even for ters in modern times. This is having a major minors. The situation for LGBTI people is critical. impact on the neighbouring countries and is dest- Homosexuality is prohibited in most of the coun- abilising the region. tries in the region, and may be punished by death Discrimination against and abuses of sectarian in Iran, Saudi Arabia and Yemen. Moreover, brutal groups and minorities in Iraq is increasingly being execution methods based on sharia law are still documented. The dramatic developments in 2014 being used. Legislation that discriminates against have exacerbated these problems. Sectarian vio- women is in force throughout the region, but var- lence is spreading, and the rights of religious and ies in scope from country to country. Harassment ethnic minorities are constantly being violated. of and violence against women is widespread. The conditions for the free press have worsened, Marital rape is not normally prohibited, and there and freedom of expression is under pressure. The have been rape cases where the victim herself has Iraqi authorities have a major task ahead if they been convicted and punished. Many women are to regain the confidence of the population and played an active and important role in mobilising safeguard their political, economic, social and cul- opposition to authoritarian regimes in 2011, but tural rights. met new, serious challenges when Islamist gov- In addition, there has been a new and alarming ernments were subsequently elected. Increased development. Militant jihadist groups such as ISIL pressure from conservative religious forces, com- are carrying out massive and grotesque attacks bined with traditional attitudes, has created a situ- on the populations of Syria and Iraq in clear viola- ation in many countries where the immediate con- tion of the values that underpin human rights, cern for women is to reassert already established democracy and the rule of law. They have commit- rights. Women’s low level of participation in eco- ted atrocities that could qualify as crimes against nomic and political life is also preventing gender humanity. ISIL is a particularly alarming example equality and the realisation of women’s rights. of a group that, by means of extreme violence, is There is little respect for the rights of migrant taking control over large areas of land and threat- workers in a number of countries, especially the ening the existence of states. ISIL is a transna- Gulf states. Many work in very poor conditions, tional movement, and represents a threat to life and in practice are virtually without legal rights in and security far beyond the region in which it the event of abuse. It is generally illegal for work- operates. ers to form unions, take part in collective bargain- ing, or strike. 82 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

and awareness of human rights have increased The human rights system in the Middle East among African populations. Civil society organisa- and North Africa tions, including women’s organisations, have There are no regional human rights institutions become important human rights actors. Poverty that cover the whole of the Middle East. However, is still widespread on the African continent, but in there are instruments and institutions that cover many countries, economic growth has improved parts of this region. In 2004, the Arab League the framework for fulfilling economic, social and adopted the Arab Charter on Human Rights, cultural rights. which generally builds on the principles of the However, serious and systematic violations of Universal Declaration of Human Rights, and in human rights are being committed in a number of 2009, the Arab Human Rights Committee was countries. Civil and political rights such as free- established to monitor the states parties’ compli- dom of expression and freedom of assembly and ance with the Charter. The Charter has been criti- association are under pressure. Human rights are cised for inadequately addressing the death pen- also interpreted and adapted in several countries alty and women’s rights, and for the way it refers so as to allow the authorities to control and crimi- to Zionism. Another weakness is the fact that, for nalise political opponents, the media and civil soci- certain rights, national legislation may take prece- ety. Antiterrorism legislation and national security dence. interests are used in some countries to arrest and In 1990, the Organisation of Islamic Coopera- convict journalists, human rights defenders and tion (OIC) adopted the Cairo Declaration on members of the opposition. In Ethiopia, a country Human Rights in Islam, which is based on an that has been criticised for violating the right to Islamic interpretation of human rights and the freedom of expression and other civil and political principles of sharia law. In 2011, a human rights rights, national legislation sets clear restrictions commission was established to monitor and sup- on international financing of human rights work in port member countries in their implementation of the country. the Declaration. The commission has been criti- Police violence, torture, arbitrary imprison- cised for a lack of independence and for its selec- ment, extrajudicial executions and impunity for tive emphasis on religious rights. abuse by the authorities are examples of the seri- OIC’s multilateral human rights work has ous violations of human rights that occur in this focused on the ‘defamation of religion’ agenda, region. Legal protection is weak in many of these with a view to protecting religions, for example by countries. Corruption is widespread, even though restricting expressions and actions that can be the fight against corruption is often a high priority described as blasphemy. The objective of protect- on the political agenda and in civil society cam- ing religion can in turn be used to stifle political paigns. Some African countries still use the death and civilian rights, such as freedom of expression, penalty, but most have either abolished it or intro- freedom of assembly and association, and free- duced a moratorium on executions. Rwanda has a dom of religion or belief. number of challenges in implementing democracy and human rights, but it is also among the coun- tries that are at the forefront of international 6.4 Sub-Saharan Africa efforts to abolish the death penalty. Eritrea is among the countries that are criticised for the lack There are many human rights challenges in sub- of freedom of expression and for extensive abuses Saharan Africa, but there are also positive devel- by the police and security authorities, and it has opments that should be highlighted. Since the also had a system of compulsory, indefinite mili- 1990s, a number of sub-Saharan states have tary service for both men and women. Several adopted new constitutions that safeguard funda- hundred thousand Eritreans have fled the coun- mental human rights and the principle of separa- try. tion of powers, held multiparty elections, and seen It is common for men and women to have dif- peaceful transfers of power. More and more Afri- ferent rights and opportunities, on the basis of tra- can countries are ratifying the international ditions and sociocultural customs, and to some human rights instruments. National human rights extent these differences are supported by both institutions and commissions have been estab- Christians and Muslims. However, active gender lished in 27 African countries, and 18 of these equality work is being carried out in most coun- were assigned ‘A status’, the highest ranking for tries, and many traditional and religious leaders compliance with the Paris Principles. Knowledge are taking part in these efforts and promoting 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 83 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation equal opportunities and rights regardless of gen- der. Homosexuality is punishable by law in a num- ber of the countries in this region. While the pol- icy towards this group is developing in a negative direction in some countries, as illustrated by the anti-gay bill drawn up in , signs of greater tolerance and acceptance are being seen in oth- ers. For example, on the basis of provisions in its constitution, South Africa has played a leading role in efforts in the UN to strengthen human rights for all people regardless of sexual orienta- tion or gender identity. Several of the countries in the region are frag- ile states in conflict or post-conflict situations with displaced populations and major humanitarian challenges. South Sudan, Somalia, the Democratic Republic of Congo and the Central African Repub- lic are among these. In addition to being torn apart by armed conflict, these countries have weak institutions and serious governance prob- lems, and impunity is rife. Both government and non-government actors commit abuses. Rape and other forms of sexual abuse are common. The civilian population in Darfur, South Kordofan and Blue Nile in Sudan have been sub- jected to extensive abuse as a result of the long- standing armed conflict between the central gov- Figure 6.4 Alireza Mostafazadeh, Iran ernment forces and various rebel groups. In other parts of the country, there have been reports of African Court on Human and Peoples’ Rights in restrictions on freedom of the press, violations of Arusha, Tanzania, which 27 countries have rati- the right to freedom of religion or belief, and fied. Both the Commission and the Court have the abuses on the part of the police and security authority to consider complaints if the member authorities. state concerned consents. The system is underfi- The north-eastern parts of Nigeria are also nanced and has considerable capacity problems. unstable and severely affected by violence and The African Charter differs from the UN conflict. The Nigerian authorities have been una- instruments in that it includes collective rights, ble to protect their citizens against Boko Haram’s but does not include the right to privacy or a pro- campaign of terror and brutality. There have also hibition against forced labour. It also imposes been reports of killings and other violations of explicit duties on individuals. There is a whole human rights by security forces. article on the protection of the family, which sets out that the family ‘is the custodian of morals and traditional values recognised by the community’. The African human rights system At the same time, the AU has set a strong example African countries adopted the African Charter on at regional level in promoting the right to abortion Human and Peoples’ Rights in 1981 under the aus- for women whose lives or health are at risk or in pices of the Organisation for African Unity, the cases of incest or rape, as set out in the Maputo predecessor of the African Union (AU), and man- Protocol. The AU is also leading the way by adopt- dates for a number of special rapporteurs have ing a binding instrument on protection and assis- since been drawn up. By August 2014, 53 out of 54 tance of internally displaced persons (the Kam- African countries had ratified the Charter. The pala Convention). African Commission on Human and Peoples’ The African human rights system is a young Rights, based in the Gambian capital, Banjul, mon- regional regime that is in a process of continual itors its implementation and evaluates the state development. Despite their weaknesses and chal- reports that states parties are required to submit lenges, the African monitoring mechanisms have every two years. The AU has also established the an important role to play in promoting norms and 84 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 ensuring implementation of human rights at the girls, are not enrolled in school or drop out of national level. A key factor in this respect is the school. Children and women are particularly vul- system’s legitimacy within the region. Funding nerable to violence and abuse. Terrorist attacks from outside the region are needed, but should be are still commonplace. Many of these problems contingent on African countries supporting these also exist in Pakistan, where blasphemy laws are mechanisms themselves and demonstrating their also undermining freedom of religion or belief, will to implement human rights in practice. freedom of expression and the rule of law. Terror- ism and sectarian violence, combined with the authorities’ inability to control this violence, is hit- 6.5 South and East Asia ting many religious groups hard. Human rights defenders are working under This is a region of considerable ethnic, political difficult conditions in a number of countries. and religious diversity. In ideological terms, the Many of them are persecuted; in some countries whole political scale is represented, as are most of they are illegally detained and kept in isolation, or the world’s major religions. Serious human rights even disappear. Arbitrary arrests and detentions violations take place in some of the Asian coun- in China have been a particular cause for concern. tries. In others, however, issues relating to civil Freedom of expression is under pressure, particu- and political rights, such as freedom of expres- larly in the context of electronic communications. sion, religious tolerance, freedom of assembly and Impunity for government officials who are association and use of the death penalty, are mov- involved in violations of human rights is relatively ing up the political agenda as the global economic common. Inadequate civilian control of the mili- centre of gravity moves eastwards. tary is also a challenge to democracy that affects With some clear exceptions, the general trend the human rights situation in several countries. has been to foster political legitimacy through the In Vietnam, freedom of the press, freedom of development of democratic and legal institutions. expression and freedom of assembly and associa- Better education, the rise of the middle class and tion are severely restricted. This issue is regularly access to information technology have increased raised at all levels in our bilateral contact, and not demands for good governance and modern insti- least in the context of the bilateral dialogue on tutions. Although these developments are not human rights with Vietnam. equally strong throughout the region, the fact that Strong economic growth in many Asian coun- Asian countries are gradually recognising the tries has created better conditions for realising importance of the rule of law and human rights is economic, social and cultural rights for large parts of great significance. of the population, but it has also increased eco- However, there seems to be a lack of political nomic and social disparity. Today, most of the will when it comes to implementing civil and polit- world’s poor are living in Asian middle-income ical rights, and regimes in the region are continu- countries. Gender inequality and other forms of ing to give priority to economic and social devel- discrimination have deep roots, for example due opment. Major challenges still need to be over- to caste systems. Religious and ethnic minorities come in certain countries. One of the prime exam- are discriminated against and experience violence ples is the serious human rights situation in North in many countries. Violence and socio-cultural dis- Korea, which has attracted renewed international crimination against women is common. Large- attention following the report of the UN Commis- scale labour migration is creating a need for pro- sion of Inquiry on Human Rights in the Demo- tection against human trafficking and exploitation. cratic People’s Republic of North Korea, which Corruption is endemic in many Asian countries was published in 2014. Reports on the treatment and is undermining fundamental social values. of political prisoners, the use of violence, the Although the situation is not uniform, the over- methods of punishment, and disappearances are all impression is that civil society has become particularly alarming. stronger and more visible in Asia in general, and Women’s rights have improved in Afghanistan in certain diaspora groups in particular. Through since the Taliban’s fall in 2001. However, much studies, analyses and awareness-raising cam- remains to be done with regard to the rule of law, paigns, these groups are influencing the human corruption and gender equality. Legislation rights agenda at both national and regional level. designed to improve the situation of women has However, the general approach in both bilateral been passed, but there are major problems with and regional relations is characterised by caution its implementation. Many children, especially and a reluctance to politicise various issues. In 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 85 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation many countries, compliance with human rights the principles set out in the Declaration to be obligations is considered to be an internal affair, strengthened and made more meaningful. This and criticism from outside is regarded as inappro- would be similar to the developments in the exist- priate interference. ing and more extensive regional regimes in Europe, Africa and the Americas.

The South-East Asian human rights system Setting regional standards that are in line with the Priorities: global system, and establishing binding obliga- promote human rights, democracy and the tions and effective regional monitoring mecha- rule of law in Europe and provide funding nisms, requires a sense of community and mutual through the EEA and Norway Grants for imple- confidence that countries in the region seem to mentation of the European Convention on lack. At present, there is no explicit ambition to Human Rights; develop a regional human rights regime, although seek to strengthen the work of the Council of there is a regional debate on the need for a devel- Europe and the OSCE to promote democracy, opment in this direction. In the sub-region of human rights and the rule of law, for example South-East Asia, however, it has been possible to by supporting the implementation of these develop common standards. The ASEAN Inter- organisations’ action plans for certain member governmental Commission on Human Rights was states; established under the auspices of ASEAN (Associ- seek to ensure that the Council of Europe ation of Southeast Asian Nations) in 2009 to pro- strengthens its cooperation with civil society, mote human rights and compliance with interna- and take initiatives to this end vis-à-vis member tional standards in the region. One of the first states and civil society organisations; steps the Commission took was to draw up the help to improve the effectiveness of the Euro- ASEAN Human Rights Declaration, which came pean human rights system, including through into force in November 2012. The Declaration has active participation in the reform process and been criticised for not meeting the standards set contributions to the special bank account by global and other regional human rights instru- opened by the European Court of Human ments. Other criticisms relate to insufficient con- Rights to help it deal with the backlog of cases; sultation with civil society in the drafting process, increase knowledge about and contact and and for being too forgiving towards national inter- cooperation with other regional organisations ests, for cultural relativism, and for providing and institutions, such as the African Union, the extensive opportunities for derogation on the part Organization of American States, the Associa- of the authorities. tion of Southeast Asian Nations, and their Despite these weaknesses, the process of respective commissions, and with regional developing the Declaration has created a frame- bodies in the Middle East, to promote human work for human rights in South-East Asia that rights, the rule of law and democracy; may reduce the current scepticism about suprana- expand cooperation with other countries and tional monitoring mechanisms. Once this scepti- civil society with a view to strengthening the cism has been overcome, it will be important for various regional human rights systems. 86 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

7 Efforts to promote human rights in individual countries

The overall goal of the Government’s interna- reference points. Moreover, it is becoming tional human rights work is a lasting improvement increasingly important to consider bilateral and of the human rights situation in all countries. This multilateral efforts in conjunction with each other. will require local ownership and responsibility. Knowledge and experience gained from bilateral Bilateral dialogue on human rights is therefore to work will be utilised in multilateral work, and vice be an integral part of our broader bilateral rela- versa. This makes it possible to achieve positive tions at both senior official and political level. synergies with a view to a mutual strengthening of Norwegian authorities will take a consistent our efforts to promote human rights. approach to cooperation and support for human rights in every country. Norway will have a princi- pled and clearly recognisable profile and will take 7.1 Systematic approach a long-term approach, ensuring sufficient flexibil- ity. Norwegian authorities will make it clear that Promoting human rights at the country level is a the importance of respecting human rights is pro- key part of the international human rights work. moted in all countries. The Government will have The most important step in our bilateral level a particular engagement in countries that are work is to strengthen the methodology followed large aid recipients, in countries where there are by the Foreign Service and make it more system- serious violations of human rights, in countries atic. with a significant Norwegian business activity, Norway’s systematic approach takes the uni- and in fragile states. versal human rights as its starting point, and has International human rights law is the point of five main elements: understanding the human departure for work on the bilateral level. This is rights situation in the country; overall country based on the human rights commitments and obli- gations states are bound by and that they have undertaken by becoming parties to human rights Box 7.1 Different or conflicting instruments. Norway will make it clear that it is views on human rights promoting universal human rights, and do not rep- There are many challenges that need to be resent the special views of any particular country overcome in human rights work. Often, the or small group of countries. Some of the most greatest obstacle is a lack of resources or the important guidelines for our long-term efforts are political priorities of countries where Norwe- the convention texts, reports and recommenda- gian authorities are engaged. In other cases, tions from the treaty bodies, global and regional there may be opposition from other countries special procedures, and the UN Human Rights or from international interest groups that are Council’s Universal Periodic Review. involved in bilateral work. This applies particu- Many different actors are involved in interna- larly to efforts to help religious minorities and tional follow-up of how individual countries are ful- in issues relating to sexual orientation and filling their human rights obligations, including gender identity. The Norwegian authorities states, intergovernmental organisations and civil intend to focus more attention on activities society organisations. Coordination is therefore and actors that undermine respect for the uni- important in order to ensure the best possible versal nature of human rights, in other words international approach and division of roles. deny that they apply to all people everywhere. The Government intends to make more sys- An open and critical approach of this kind is tematic use of the various foreign and develop- essential for achieving more with the funding ment policy instruments it has at its disposal in its available for international human rights work. human rights work. This will require a clearly- defined approach based on regular analyses and 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 87 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

Figure 7.1 Arifur Rahman, Bangladesh Rahman is a cartoonist who was jailed and persecuted in his own country because of accusations that one of his drawings ‘hurt religious sentiments’. He has since moved to Norway with the help of the Inter- national Cities of Refuge Network (ICORN). ICORN helps persecuted journalists and writers to find a tem- porary home and financial support. specific knowledge; an understanding of Nor- overall analysis. In this regard, it is particularly way’s latitude to act; the choice of instruments important for Norwegian personnel to have a and tools; and evaluation. thorough understanding of the thematic priorities described in Chapter 3. Greater analytical capacity and more knowl- 7.1.1 The human rights situation edge about the human rights situation globally is in the country needed for Norway’s bilateral work. The Ministry Effective work at country level begins with a of Foreign Affairs will therefore strengthen its in- sound, up-to-date understanding of the human house tools for producing thorough and regularly rights situation in a particular country. This updated analyses of the human rights situation in understanding will be based on information from countries where the Norwegian authorities are the Universal Periodic Review process and other engaged. relevant UN bodies, decisions by regional moni- toring mechanisms, as well as reports from media and freedom of expression- and civil society 7.1.2 Overall country specific knowledge organisations. In addition, Norway’s missions Knowledge about the human rights situation must abroad gain insight through dialogue and be considered in conjunction with overall country exchange of assessments with local actors. The specific knowledge. An understanding of chal- involvement of various Norwegian actors in this lenges and opportunities in individual countries, work also produces valuable information. All such as political and economic trends, demo- these sources combined give a good basis for an graphic factors, the resources available, the role 88 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

challenges in a country and the situation in the country otherwise. However, an equally impor- Box 7.2 Cooperation with tant factor may be a sound understanding of Nor- other actors way’s relations with the country – the authorities, Norwegian authorities cooperate with a wide the opposition and civil society – and of whether range of actors in promoting human rights there are special circumstances indicating that bilaterally, for example: Norway should adjust how it works, for example – national authorities such as ministries of when Norway has a long-standing presence or justice and home affairs, prison services, particularly good bilateral or personal relations the education sector as well as parliamenta- with the country. Norway’s options will also rians; depend on which sectors other actors are working – local civil society actors such as religious in and on the tools and instruments available for and belief groups, cultural institutions and use in the country in question. A good under- other actors in the cultural sector, media standing of all these factors will make it possible and freedom of expression organisations, to use Norwegian resources more effectively. In lawyers’ and doctors’ associations, the busi- order to contribute most effectively to human ness sector, trade unions, ombudsmen and rights work in a country, an overall assessment human rights organisations; should always take the following into account: – universities, colleges, research institutes, – the quality and breadth of the bilateral coopera- think-tanks and other research and analy- tion and political dialogue with the country, sis groups; since these influence the scope for dialogue on – Norwegian and international civil society human rights and effective messaging; and human rights organisations; – political, socio-cultural, religious, social and – multilateral and regional organisations and cultural factors and traditions that influence the mechanisms established under their aus- human rights situation in the country and peo- pices; ple’s attitudes to human rights; – embassies and delegations of other – the approach to be taken in the human rights countries. work, choosing between bilateral or multilate- ral channels, and the extent of cooperation with other actors in the country; – the choice of priorities, including finding a of religion, internal conflicts and regional dynam- balance between long-term efforts and acute ics, will be of crucial importance for our ability to situations that require immediate attention; interpret the human rights situation in a country. – which instruments and tools it is possible to Country-specific knowledge also includes infor- use; mation on the actors operating in a particular – the choice of cooperation partners: for example country, including civil society organisations, local authorities, independent monitoring ser- international donors and bilateral efforts of other vices, civil society organisations, multilateral countries. The periodic reports on the human organisations, other donors. rights situation from the missions therefore need to be supplemented with broader country analy- ses, as provided in their semi-annual reports. 7.1.4 Relevant instruments and tools The Foreign Service and other parts of the pub- Identifying instruments and tools to be used in lic administration need to be able to draw on high- bilateral efforts to promote human rights is a quality knowledge relevant to human rights from three-stage process. The first is to obtain a good external sources. The Ministry of Foreign Affairs general overview of all instruments and tools therefore cooperates closely with a number of Nor- available and their potential effects. Secondly, wegian and international research groups, for these instruments and tools must be assessed in example by commissioning analyses of selected relation to the human rights situation in the coun- issues or the situation in specific countries. try. The third stage is to select certain instru- ments and tools on the basis of Norway’s latitude to act. 7.1.3 Norway’s latitude to act It can be a challenging task to identify the The extent to which Norway can play a support- most effective instruments and tools. It may be ing role will depend partly on the human rights easy to eliminate those that may not be relevant in 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 89 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

Box 7.3 Strengthening Norwegian capacity and expertise A thorough understanding of human rights is essential if Norway is to play an active role in improving respect for human rights interna- tionally and make its work at country level as effective as possible. Knowledge is also needed to ensure more systematic use of for- eign and development policy instruments and to strengthen analytical capacity in the coun- tries where the Foreign Service is active. To improve knowledge sharing, the flow of information and exchange of opinions both within the public administration and with external actors, on-the-job training in the For- eign Service needs to be strengthened. This will put the service in a better position to fol- low up multilateral decisions and commit- ments at country level. Training in human rights issues, including human rights-based development cooperation, will therefore be strengthened. Relevant tools for implementing the rec- ommendations of this white paper will also be Figure 7.2 Mathieu Daudelin Pilotte, Canada developed. Evaluation and evaluation routines will be strengthened so that the results and effects of different instruments and tools can a particular country, but more difficult to identify be documented. those that will be most effective. In most cases, it will be appropriate to choose several instruments and tools that can be used in parallel and have overlapping effects. Instruments and tools are further discussed in Chapter 7.2.

Box 7.4 Acute situations 7.1.5 Evaluation The systematic approach described in Chapter The framework for human rights work at country 7.1 is mainly targeted towards long-term, level renders continuity and clarity important. The planned work. However, crisis with large-scale day-to-day tasks tend to be demanding, and taking consequences may arise suddenly, for exam- action is often given higher priority than evaluat- ple after a change of regime or in the event of ing activities that have already been initiated. To a humanitarian disaster. The same methodical ensure that Norway’s efforts on the country level approach will apply in such cases, but time are as effective as possible, results will be constraints will often introduce new chal- reviewed at two different levels, through the peri- lenges, and situational awareness will be par- odic reports from the missions and through an ticularly important as new scenarios arise. In overall annual analysis of Norway’s work gener- crisis cases, it is vital to cooperate with other ally. Measuring the results achieved can however actors and coordinate efforts. be difficult, for several reasons: the often broad and complex nature of human rights policy goals, the involvement and contributions of other actors, and the many external factors that also affect the results. 90 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

7.2 Instruments and tools for would not be possible if the approach and the con- promoting human rights tent of the criticism become publicly known. at the country level There are many examples where the best results have been achieved in individual cases by In most cases, Norway’s work at country level will working behind the scenes rather than by openly focus on cooperation with the authorities and/or condemning the actors that have a key role in civil society on the best ways for Norway to pro- finding solutions. mote human rights in the country in question. This will be the natural starting point in countries that receive financial support from Norway, for 7.2.1 Comprehensive approach example through development cooperation or the The Government will adopt a comprehensive and EEA and Norway Grants (described in chapter 4.4 integrated approach that combines short- and and 6.1.4, respectively). One example of this type long-term and positive and negative instruments of approach is Norway’s support for Council of and tools. Each situation must be assessed sepa- Europe action plans for countries that are falling rately, and the Government will seek to adapt short of their obligations as member states. These measures and responses, and make use of those action plans are drawn up in close consultation considered to be most appropriate in each case. with the country concerned, ensuring national The priorities of Norway’s human rights work, ownership of each plan and a commitment to par- the tools and instruments used and the actors ticipate in its implementation. involved, will vary from one country to another. In cases where the Norwegian government’s We are more strongly engaged in some countries human rights priorities do not coincide with those than in others, depending on which challenges of a particular country, cooperation with other they are facing, the policies their governments are local actors may be appropriate in order to coun- pursuing, and our bilateral relations with each ter violations of international human rights. If nec- country. In some cases, the Norwegian authori- essary, for example if a country is persecuting ties have a broad-based engagement including religious minorities, Norway is prepared to make talks at political level combined with financial and use of negative tools such as public criticism and technical assistance. In other cases, the scope of condemnation of the country’s actions. our engagement is more limited. However, the In many countries and situations, the Norwe- Norwegian authorities invite all countries to take gian authorities will combine cooperation with part in political dialogue on human rights issues at tools for a more confrontational approach. This bilateral and/or multilateral level. may be done if it is possible to cooperate in cer- In cases where dialogue on human rights tain areas of human rights and on certain meas- issues is not possible at bilateral level, it is natural ures, but not in a comprehensive manner, or if to follow up the human rights situation in a coun- national authorities implement measures that the try in multilateral forums. One current example is Norwegian Government condemns. The tools and China. The human rights dialogue with the coun- instruments used may affect the access to part- try is suspended, and the main channel for contin- ners with whom it is possible to cooperate. When uing our human rights engagement is currently a positive approach is possible, the Norwegian the Universal Periodic Review process under the authorities will generally cooperate with national UN Human Rights Council. During the review of authorities or other major actors of society. If a China in November 2013, Norway made recom- more confrontational approach is necessary, Nor- mendations concerning freedom of expression, way will make its views known to the authorities the use of the death penalty and ratification of the and at the same time seek cooperation with civil International Covenant on Civil and Political society and with countries and actors that share Rights. the Norwegian government’s objectives. Situations can easily arise where the Norwe- gian authorities cannot openly discuss the meas- 7.2.2 Cooperation and support ures they implement. This may have just as much Human rights can be promoted through direct to do with relations with the country in question financial support for human rights measures in as with relations with other actors Norway is sup- another country, or through technical assistance porting, such as human rights defenders. There in the form of expertise and training, for example may be cases where a critical approach is pursued to improve the legal system. Financial support for behind closed doors, and where such dialogue the promotion of human rights is also provided 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 91 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

doors, at senior official or political level. If it is considered more appropriate, Norway expresses Box 7.5 Financial support its concerns openly, for example in the form of entails obligations press releases or statements in multilateral Providing countries with financial support will forums. enhance engagement and make it more legiti- In other cases, alternative approaches may be mate to raise human rights issues with more effective, for example limiting or suspend- national authorities in such countries. Giving ing political, cultural and economic relations. In substantial financial support also entails spe- certain cases, it may be appropriate to cancel cial obligations. Norwegian support must not high-level visits. Exceptionally, Norway may con- consolidate or strengthen the position of sider recalling diplomatic personnel or refusing to national authorities that are seeking to con- issue visas in response to violations of human centrate power without being willing to rights. In certain situations, Norway has reduced respect human rights. This follows from the the amount of aid a country receives, or the ‘do no harm’ principle of development cooper- authorities have advised the business sector ation. The Norwegian authorities aim to base against investing in or trading with specific coun- cooperation and dialogue on common goals tries. that are in accordance with international International law puts constraints on the use of human rights law. Chapters 4.4 and 6.1.4 certain types of negative instruments. For exam- describe conditions related to Norwegian ple, the UN Security Council is only authorised to financial support to different countries. adopt binding sanctions or decide to use armed force under Chapter VII of the UN Charter if a sit- uation poses a threat to international peace and security. The threshold for the use of force is through multilateral channels, particularly the therefore very high. Norway has a duty under Office of the UN High Commissioner for Human international law to implement sanctions adopted Rights. by the UN Security Council. Other types of positive approach include finan- As a general rule, Norway consistently aligns cial support to and cooperation with civil society, itself with restrictive measures adopted by the EU media and freedom of expression organisations, Council, except in cases when political considera- support for the establishment of national human tions indicate that this is not appropriate. The rights institutions, organising art exhibitions, tak- types of sanctions and restrictive measures most ing part in conferences or research projects, and frequently applied are bans on supplying a coun- highlighting positive human rights develop- try with military equipment and equipment that ments. Support can also be provided for interna- can be used for internal repression or providing tional work by individual countries. Cooperation technical and financial support related to such on human rights issues with national authorities, equipment, freezing assets belonging to listed per- exchange of experience with the public adminis- sons, and travel restrictions for listed persons. tration, business sector and academia in other Several of these approaches are most effective countries, and organising joint events are other when they enjoy broad international support and/ positive tools that can be used. or their implementation is coordinated, but in Further examples include support for interna- many situations it can be difficult to obtain suffi- tional organisations that assist states to meet their cient support. The Government will advocate a human rights obligations and monitor compliance coordinated response when this is considered to with them, and participation in the development of be appropriate. human rights instruments through the develop- ment of new treaty provisions or by proposing res- olutions. 7.2.4 Clear responses to serious violations of human rights Allegations of serious violations of human rights 7.2.3 Criticism and sanctions should be assessed as thoroughly as possible Negative instruments and tools include a range of before any negative instruments or tools are responses from criticism and condemnation to the applied. This is best done in cooperation with threat of and actual introduction of sanctions. Crit- international organisations, other countries, inde- icism or concern is often expressed behind closed pendent media and civil society. If the allegations 92 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 can be verified, the Government will raise the mat- the previous review cycle to allow greater free- ter in its dialogue with the authorities in the coun- dom of expression. try concerned, and then issue a statement deplor- In addition to these consultations, Norway is ing the situation and demanding a halt to the involved in practical project cooperation with the abuses. If time permits, the matter may also be Angolan Ministry of Justice and Human Rights on raised at multilateral level. Negative instruments capacity-building in the ministry, the association generally have a stronger effect when a number of of judges, the bar association, the ombudsman, countries agree on a coordinated response, for and other ministries and civil society organisa- example coordinated cuts in aid or support for UN tions. Norway provides support for competence resolutions requiring improvement of the situa- building at the law faculty of Angola’s largest uni- tion and a threat of joint sanctions, which may versity, with the aim of building up the expertise involve a boycott or the use of force. needed to offer courses in human rights in the future. In cooperation with Norwegian Church Aid and the United Nations Development Pro- 7.3 Selected country cases gramme (UNDP), support is also provided to sev- eral NGOs that work with human rights issues. The systematic approach described above gov- erns our bilateral human rights efforts in individ- ual countries. The precise approach taken is Guatemala always adapted to the particular country and situa- After many years of civil war, a peace agreement tion. The following describes our efforts vis-à-vis was entered into in Guatemala in 1996, partly as a selected countries, and is intended to illustrate the result of Norwegian support and facilitation. different forms this work takes. It is not an Despite the peace process and a transition to civil- exhaustive list of country cases or our working ian rule, the country still faces considerable methods. human rights challenges. Human rights defend- ers, journalists and representatives of civil society are particularly at risk. Impunity for violence and Angola other crimes against these groups has demonstra- Norway cooperates with Angola in a broad range bly increased. Violence against women is another of areas. In particular, the Norwegian business serious social problem. sector’s substantial involvement is important. Our Public security has inevitably become a prior- cooperation also includes human rights efforts ity task for the authorities. The existing security based on the Angolan authorities’ recognition of problems are intensified by a weak judiciary and the need to institutionalise a broader understand- police system. More resources are being chan- ing of civil and political rights, as well as eco- nelled to penal institutions and the police rather nomic, social and cultural rights. In this connec- than giving priority to prevention and social meas- tion, they have requested the Norwegian authori- ures. Moreover, there is a high level of social con- ties’ support for various measures relating to edu- flict in Guatemala, for example in connection with cation and training in human rights. the extraction of natural resources. Peaceful pro- In response to this request, Angola and Nor- tests often end up in violent confrontations with way established an annual bilateral consultation the police and security forces. Recently, there on human rights at political level in 2011. This has have been attempts to address the serious human been an important supplement to the strong eco- rights violations that were perpetrated in the past. nomic ties between our countries. These consulta- However, critical civil society voices consider the tions have focused on related topics such as authorities’ efforts in this regard to be mostly decent work and the role of trade unions and symbolic. employers’ organisations in working life, but they Support for the Maya Programme is one of also include topics such as domestic violence, Norway’s main focus areas in Guatemala. where both countries recognise that they have Through cooperation with various indigenous challenges. In the 2014 consultation, the starting people’s organisations, the programme aims to point for the discussion was the UN Human advance the Maya peoples’ rights, education and Rights Council Universal Periodic Review (UPR) political participation. This is very important of Angola. Norway emphasised the importance of work, as more than half the population are indige- Angola following up the recommendations from nous people whose rights are particularly at risk. The Maya Programme has achieved results in a 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 93 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation number of areas. Cases concerning the right of that his vision is to establish an illiberal state consultation and land rights have been brought to where the interests of the nation, particularly eco- court, law students have taken part in develop- nomic growth, have priority over the freedom and ment programmes, bilingual education is now rights of the individual. Civil society organisations more widely provided in pre-school and primary that receive support from abroad – including school, and the political participation of Maya those that are awarded grants from the NGO women and young people has increased. Fund in Hungary under the EEA and Norway Another way in which Norway is contributing Grants – are perceived as obstacles to the estab- to the rule of law is through its support to the lishment of this illiberal state. It is a widely shared International Commission against Impunity in perception that the voluntary sector is under pres- Guatemala (CICIG) – a UN body that was estab- sure in Hungary. lished in cooperation with the Guatemalan author- Undercurrents of intolerance of minorities, ities. The Commission is combating criminal including anti-Semitism, opposition to the Roma organisations and networks by holding their people, and homophobia, are creating tensions in members criminally responsible for their actions. some segments of Hungarian society, even The cooperation between the Commission and the though almost none of the political parties – apart Office of the Director of Public Prosecutions in from the extreme right-wing Jobbik – have this as Norway has resulted in a considerable reduction part of their official rhetoric. in impunity in recent years. The Commission also Norwegian–Hungarian cooperation is gener- has a stabilising effect on the fragile legal system, ally good, and takes places through bilateral con- which is suffused with corruption and strongly tact with the authorities, in multinational forums politicised. and through networks of NGOs. Norwegian com- The Norwegian Association of Judges, with panies help to make Norwegian and Nordic values support from the Norwegian authorities, has better known and more visible in Hungary. entered into cooperation with the International The Norwegian authorities have expressed Commission of Jurists (ICJ) and the Association concern about developments in Hungary in offi- of Maya Lawyers in Guatemala on strengthening cial statements, bilateral meetings and multilateral the legal system through transfer of expertise and forums, including the OSCE Permanent Council. training, especially for judges and representatives The concern is shared by many Western coun- of indigenous peoples. Key elements are fighting tries, including the other Nordic countries, the impunity, and ensuring the independence of the Netherlands and the US. Relevant international judiciary and access for indigenous people to the organisations, in particular the Council of Europe legal system. This is the first time that Norwegian and the OSCE election observation mission, have and Guatemalan actors cooperate in this impor- also at times expressed strong criticism of key ele- tant field. ments in the Hungarian democratic system, such as the constitution, the legal system and the elec- tion system. The Hungarian Government has had Hungary to heed some of the criticism, and certain conces- The political reforms implemented by the Hungar- sions have been made. However, Prime Minister ian authorities since 2010 give cause for concern Orban has continued to launch scathing attacks about developments in the country. A great num- on international organisations that criticise Hun- ber of new laws, including a new constitution, gary, including the EU. have been adopted in a very short time. The trend The EEA and Norway Grants are an important has been towards centralisation of power in the instrument for bilateral cooperation with Hungary Government, combined with a weakening of the in the field of human rights and democracy. The independence of the judiciary, the freedom of the total amount allocated through this mechanism by press, the influence of the opposition and the free- Norway, Iceland and Liechtenstein for the period dom of action of NGOs. 2009–14 is EUR 153 million, or approximately New media legislation and preferential alloca- NOK 1.26 billion. Programmes under the EEA tion of state advertising have seriously under- and Norway Grants focus on improving the situa- mined the freedom of the press. In the annual tion of vulnerable groups (including the Roma World Press Freedom Index issued by Reporters people), combating hate speech, corruption, and without borders, Hungary ranked 23rd in 2010, anti-Semitism and xenophobia, and promoting but dropped to 64th place in 2014. After his re-elec- gender equality, freedom of expression and good tion in April 2014, Prime Minister Orban declared governance. A separate NGO fund has been estab- 94 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 lished to strengthen civil society. Norwegian part- ners are involved in the implementation of some of these programmes. Box 7.6 International Expert As a result of Hungary’s violation of the agree- Consultation on Restorative ments on the management of the Grants, Norway Justice for Children suspended payments to Hungary under the In 2013, Norway, Indonesia and the Special scheme in May 2014. The reason was that the Representative of the Secretary-General on Hungarian Government, in breach of the agree- Violence against Children hosted the Interna- ments they have entered into, unilaterally moved tional Expert Consultation on Restorative Jus- implementation and auditing of the Norwegian tice for Children in Bali. The idea for this initi- funding outside the central government adminis- ative emerged under the human rights dia- tration. The programme for civil society and a pro- logue between Norway and Indonesia. The gramme for adaptation to climate change have Consultation was attended by international been exempted from the suspension, as the Hun- experts with experience of this issue from all garian authorities are not responsible for the continents. Indonesia had more than 30 partic- implementation of these programmes. ipants with different roles in the implementa- tion of the new Indonesian law on children in conflict with the law. Among the participants Indonesia from Norway were representatives of the The Norwegian authorities and other Norwegian Ombudsman for Children, the Mediation and actors are engaged in broad cooperation in Indo- Reconciliation Services, the police and the nesia in a range of areas, including climate change Ministry of Justice and Public Security. They and deforestation, environmental and energy shared Norway’s experience of helping chil- issues, human rights, as well as overall develop- dren and young people who have been in con- ment cooperation and a considerable business flict with the law to return to society, including sector engagement. In order to strengthen this alternatives to prison sentences for young cooperation, an agreement was entered into in criminals. The Consultation was a success. July 2013 to establish the Joint Commission One of the outcomes was a thematic report by between Indonesia and Norway. the Special Representative of the Secretary- Norway’s human rights dialogue with Indone- General on Violence against Children, which sia, which was established in 2002, has become a was presented to the UN General Assembly in cornerstone of the bilateral relations. Indonesia is the autumn of 2013 and to the UN Human steadily gaining greater regional and international Rights Council the following year. This report influence. It is of considerable foreign policy sig- is now used as a reference work in the Special nificance that the country continues to develop its Representative’s work to address this issue all democracy and strengthen respect for human over the world. rights. The human rights dialogue gives the Nor- wegian authorities a unique opportunity to con- tribute to these developments. The longstanding cooperation with Indonesia has created mutual cooperation has been a key part of Norway’s trust between our countries and fertile ground for engagement with Indonesia, and includes a broad open, candid discussions, even on difficult topics. range of partners in both countries, including stu- The dialogue consists of talks at political and dents, academics, civil servants, journalists, and senior official level, as well as discussions on the- members of civil society and the armed forces. matic issues at expert level involving representa- Through the cooperation with Indonesia tives from the authorities, academia and civil soci- under Norway’s International Climate and Forest ety. In addition, we are engaged in expert and pro- Initiative, important results have been achieved in ject cooperation with thematic links to the political the field of human rights, among them greater dialogue. The Norwegian Centre for Human recognition of indigenous peoples’ rights, Rights has considerable expertise on Indonesia, increased access to information and more oppor- and is engaged in a number of projects stemming tunities to influence decision processes of impor- from the dialogue, with funding from the Ministry tance for the living conditions of indigenous of Foreign Affairs. The current expert and project groups. 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 95 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

aid and support for actors who can exert a moder- Myanmar ating influence. Reforms and greater openness in Myanmar in The Norwegian authorities have had a broad recent years have led to improvements in the engagement in Myanmar for many years, provid- human rights situation in many areas. Many of the ing support for the democracy movement and violations of human rights that have taken place other agents of change, as well as humanitarian have been in the parts of the country affected by assistance. Since the reform process started to armed conflict. The many ceasefire agreements pick up speed in 2011, under the governance of that have been signed have improved the situation President Thein Sein, the direct support to Myan- for many people. The release of political prisoners mar has increased. A Norwegian embassy was and a more democratic legislative process are also established in Yangon in the autumn of 2013, positive developments. which has further increased the breadth and On the other hand, challenges remain relating depth of Norway’s engagement in the country. to marginalisation of minorities, ethnic and reli- Key priorities include long-term development gious conflicts, inadequate rule of law, corruption cooperation, sound management of natural and poor governance. Perhaps the most serious is resources, peace and reconciliation efforts, sup- the situation in Rakhine, where there is a high port for civil society and agents of change, and the level of tension between the Buddhist Rakhine establishment of Norwegian business operations people and the Muslim Rohingya people. A large within a framework of corporate social responsi- number of Rohingya are internally displaced, and bility. the humanitarian situation is serious. At the same The Norwegian authorities have developed a time, the distrust of both the international com- relationship of trust with the Myanmar authori- munity and the government authorities is so ties, not least through the explicit support for the strong that it is difficult to ensure humanitarian peace process. We also make use of this trust to access and freedom of movement. The Norwegian raise difficult issues, including human rights chal- authorities are supporting efforts to improve the lenges. Our aim is that Norway’s engagement in situation in Rakhine, through both humanitarian Myanmar will help to improve the human rights situation in the country both through a focus on human rights in their own right and in connection with the peace process and the democratic reforms. Norway supports the proposed estab- lishment of an office of the UN High Commis- sioner for Human Rights in Myanmar. If this goes ahead, the office could provide valuable guidance for efforts to improve the human rights situation and assist the authorities in addressing challenges in this field.

Russian Federation Russia’s illegal annexation of Crimea and destabi- lisation of eastern Ukraine have created a com- pletely new situation in Europe. Russia’s relations with its neighbours have changed. Norway’s rela- tionship with Russia has been affected both by Russia’s violation of international law and by developments in recent years within the country towards more authoritarian rule. These develop- ments have brought human rights increasingly under pressure. Russia has voluntarily taken on a number of human rights obligations through its membership of international organisations, particularly as a party to the European Convention on Human Figure 7.3 Eshel Yuval, Israel Rights. Its membership of the Council of Europe, 96 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 7.7 Continual restrictions on rights Since Vladimir Putin’s return to the Russian requirements as commercial media, but without Presidency in 2012, many restrictions have been the same rights to access to information. Rus- imposed on civil and political rights. A number sian state media, particularly television chan- of legislative changes have been made, includ- nels, give little opportunity for critical voices to ing a more stringent law on espionage and trea- speak out. Russia has plummeted on freedom of son, a new and the introduction the press indexes in recent years, and in 2014 of criminal liability for defamation. Legislation was ranked in 148th place on the World Press regulating protests and public gatherings has Freedom Index. been tightened several times. NGOs involved in The arena for genuine political competition so-called ‘political activities’ that receive funding has been narrowed, despite an easing of the from abroad have to register themselves as ‘for- rules for registering political parties in 2012. eign agents’. The ban on ‘propaganda of non-tra- The number of elections has been reduced and ditional sexual relationships’ is increasing the the conditions for taking part have become marginalisation of sexual minorities in the coun- more difficult. Members of the opposition have try. Moreover, these laws have been formulated had their homes searched and have been put to allow for arbitrary interpretation and applica- under pressure by the police and the intelli- tion, and high maximum penalties have been gence services. They have been accused of introduced in the form of both heavy fines and extremism, corruption and economic crime, par- long prison sentences. It has been pointed out ticularly those who have played a prominent role that several of these legislative changes are con- in protests. trary to the Russian Constitution and in violation The authorities have used harsh methods to of Russia’s obligations under international law. fight the insurgency in the North Caucasus. Vio- Freedom of expression has been considera- lations of human rights continue to take place, bly reduced in recent years, and even more so including abductions, torture, disappearances since the annexation of Crimea. The intelligence and damage to suspects’ property. Russia has on and security services have been given broader several occasions been convicted of such viola- powers. Websites may be closed down without a tions by the European Court of Human Rights. court decision. Bloggers are subject to the same

the OSCE and the UN also entails expectations of between civil society organisations in Norway and maintaining high human rights standards. Russia in the field of human rights. At the same In their contact with Russia, the Norwegian time, it is important to support efforts to promote authorities systematically raise the need to an open and democratic society within the exist- respect human rights in accordance with the obli- ing framework for project cooperation with Rus- gations Russia has taken on. The importance of sia. Priority is given to cooperation between Nor- the principles of the rule of law and a free and wegian and Russian NGOs that promote human active civil society are also emphasised. The Nor- rights. In particular, support is provided for pro- wegian Government also actively supports Rus- jects that enhance legal safeguards and support sian civil society, which is under severe pressure human rights defenders, environmental NGOs (see Box 7.7). Cooperation between Russian and and human rights education. The Norwegian Norwegian organisations is important for authorities will continue to provide this vital sup- strengthening civil society in Russia and for coun- port as long as the political situation allows. teracting the negative developments in human rights in recent years. This applies not least to environmental efforts; Russian environmental South Sudan organisations report that conditions for their activ- Fragile states tend to be weak, to lack legitimacy ities have become more difficult in recent years. It in the eyes of the population, and to have insuffi- is in Norway’s interest to prevent forces for good cient control over their territory. Inequitable dis- from becoming isolated. Developments in Russia tribution of wealth and resources and socio-eco- may make it difficult to strengthen cooperation nomic polarisation are also common, and elites 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 97 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation tend to take far more than their fair share. There humanity may have been committed by both par- may be divisions along ethnic lines. Systems for ties to the conflict. Humanitarian access is often holding political leaders accountable are weak or prevented by the warring parties, and an increas- non-existent. ing number of aid workers are being been killed. Ever since the Comprehensive Peace Agree- For Norway and other development partners, ment was signed in 2005, South Sudan has shown these developments give rise to major challenges all the characteristics of a fragile state. Even when in our dialogue with the authorities on economic, the country gained independence in 2011, after political and social development, including human six years of massive international aid, the situation rights. Before the latest crisis erupted in Decem- had changed very little. Weak government struc- ber 2013, there were established forums and tures, lack of political legitimacy, inequitable dis- meeting places for contact between the authorities tribution and deep-seated internal tensions were and development partners. The work on a new some of the challenges the country faced. Since framework for aid, the New Deal Compact, had then developments in many areas have gone in a almost been completed. This provided a platform negative direction. The ambitious state- and for systematic dialogue and discussion on human capacity-building project never really got off the rights and good governance. Since the start of the ground. To begin with, this was due to extremely current crisis, this has hardly been in use. tense relations with Sudan, and subsequently to Norway has therefore emphasised the use of the internal conflict within the ruling Sudan Peo- multilateral mechanisms and institutions to gain ple’s Liberation Movement (SPLM), which has the greatest possible weight in the dialogue with virtually become a civil war. Institutions that are the authorities on these issues. The efforts in the crucial for safeguarding and protecting the citi- UN Human Rights Council are very important in zens’ rights were already weak. The ongoing con- this respect. The critical situation for human flict has weakened them further, and in most parts rights is addressed in meetings with the South of the country they now hardly function at all. The Sudanese authorities at all levels. This work is human rights situation has worsened dramatically. coordinated closely with other donors in order to Several reports conclude that crimes against ensure a united and unambiguous message with clear demands and expectations of the parties to the conflict. Together with the US and the UK, Norway is part of the troika that provides eco- nomic and political support to the Intergovern- mental Authority on Development (IGAD) in East- ern Africa and the African Union (AU). It is indis- pensable to ensure a strong regional involvement in the efforts to find a solution to the crisis. It also provides a platform for close dialogue with IGAD and the AU on the human rights situation in South Sudan. The developments in South Sudan illustrate how difficult it can be to bring about lasting change that ensures security and stability for the population in fragile states. Supporting fragile states requires perseverance and high tolerance of risk. The Norwegian authorities must systemat- ically monitor the human rights situation and raise concern over abuses carried out by the authorities and any other groups with a clear voice. The rights perspective is integrated into both our development cooperation and our humanitarian aid.

Tunisia Since the revolution in 2011, Tunisia has made Figure 7.4 Sepideh Riahi, the US progress in a number of areas in terms of human 98 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 rights. The country soon acceded to several inter- Norway’s engagement has been relatively limited. national human rights conventions and withdrew In order to contribute to further favourable devel- reservations from other conventions that had opments, Norway hopes to strengthen its cooper- been made by the former regime. In January ation with Tunisia in the years ahead. 2014, Tunisia’s national assembly adopted a con- stitution that ensures gender equality, freedom of religion or belief and freedom of expression, as United Republic of Tanzania well as an independent judiciary and a civil state. Tanzania has been one of the most important part- The constitution also establishes that the interna- ner countries for Norway’s development coopera- tional conventions Tunisia has acceded to take tion for decades. Today, it is the fifth largest recip- precedence over national legislation. Norway has ient of Norwegian aid. Tanzania is currently at a supported the development of the new constitu- political crossroads. Significant gas discoveries tion through cooperation with the Venice Com- could give the country large revenues in 15–20 mission of the Council of Europe. years’ time. Its multiparty democracy is gradually The most important development since the maturing, and the constitution is currently subject revolution is the strengthening of freedom of to an extensive reform process, where the format expression and freedom of assembly and associa- of the union between Zanzibar and the mainland tion. The Tunisian press (both paper and online) has been up for discussion. At the same time, has experienced tremendous growth since the there have been tendencies to unrest and vio- revolution. A bill guaranteeing freedom of the lence, such as the acid attacks on foreigners in press was presented as early as 2011, and in 2012 Stone Town and the bomb attack in Arusha. an independent body was established for the Norway’s development cooperation with Tan- press and the media. Challenges remain in rela- zania is in a period of transition, with a view to sup- tion to establishing legal safeguards for journal- porting Tanzania’s own goal of becoming aid inde- ists’ rights, preventing arbitrary imprisonment for pendent. The main focus areas are oil for develop- opinions expressed, and providing conditions that ment, clean energy, cooperation under the Norwe- are conducive to a trustworthy, independent press gian Climate and Forest Initiative, agriculture and corps. food security. There will be a gradual change to Whereas civil society was subjected to strict Norway’s approach, with an increasing focus on control and surveillance under the former regime, private sector development and local spin-off there are now a number of independent organisa- effects of foreign investments. Good governance, tions that are active within various sectors. Peace- the fight against corruption and a rights-based ful demonstrations are allowed, and the social dia- approach to programming are cross-cutting con- logue in Tunisia has been strengthened through siderations in all aspects of Norway’s engagement solid tripartite cooperation. in the country. In addition, we are providing sup- There is still a long way to go with respect to port for a number of measures aimed at promot- reducing regional disparities and ensuring equal ing democratisation and the transition to a true social and economic rights for the entire popula- multiparty democracy. Our support for democrati- tion. Likewise, there are challenges related to tor- sation and human rights is primarily channelled ture during detention and in prisons, the inde- through the UN, but we are also providing sup- pendence of the judiciary, and the holding of dem- port to civil society, independent media and inter- ocratic, transparent presidential and parliamen- religious dialogue. tary elections. The main dialogue between donors and the Norway does not have an embassy in Tunisia. authorities on human rights and good governance Nevertheless, the Norwegian authorities began has taken place in connection with the budget sup- providing support for a democratic transition at an port governing mechanisms, where these issues early stage after the revolution in 2011. This sup- are among the ‘underlying principles’. Although port, which is mainly channelled through interna- 2014 was the last year in which Norway provided tional organisations and regional programmes, budget support to Tanzania, the ongoing follow-up promotes inclusive economic development, transi- of the bilateral development cooperation will pro- tional justice and legal reform, women’s rights vide a number of opportunities for raising and and social participation. highlighting important human rights related issues Tunisia is still in a critical phase and is facing in our dialogue with the authorities. Relevant major political, economic and security challenges. human rights perspectives are integrated into the Continued international support is vital. So far, dialogue on development policy priorities both in 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 99 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation the negotiations on agreements and in the dialogue of human rights if the conditions mentioned above on implementation. Norway clearly articulates are met. However, torture of individuals sus- demands and expectations with regard to fighting pected of terrorism is prohibited in all circum- corruption, increasing tax revenue, greater trans- stances. parency, inclusive public participation, and sustain- It is in Norway’s interest, both politically and able management of natural resources in its dia- economically, that human rights are respected logue and agreements with the authorities. throughout the world. Short-term costs are some- In addition, we make use of processes such as times necessary to accept in order to promote the African Peer Review Mechanism and UN long-term goals. Some countries may react to Human Rights Council Universal Periodic what they consider to be interference in the area Reviews as a platform for dialogue. Civil society is of human rights by breaking off political dialogue, an important actor in the national human rights introducing barriers to trade and investments, or dialogue. Support is provided for NGOs that mon- actively opposing Norway’s positions in interna- itor and report on human rights, take part in elec- tional organisations. However, in a long-term per- tion observation and provide free legal aid. Sup- spective there should not be any contradiction port is also provided for the Media Council of Tan- between human rights on the one hand and politi- zania, which promotes freedom of expression. cal and economic considerations on the other. Norway also supports civic education and public Respect for human rights is crucial in order to information efforts under the auspices of the reach durable solutions that provide a sound basis authorities and civil society organisations. This for lasting economic and political cooperation. includes support for universities and other institu- Building trust between the parties to a conflict tions that are involved in studies on governance and helping to create platforms for dialogue are and human rights issues. An example of follow-up vital aspects of Norway’s peace and reconciliation in a particular sector is the focus on the inclusion work. In this type of situations, the Norwegian of indigenous peoples in processes related to the authorities are usually required to keep a long- Climate and Forest Initiative. Support is provided term perspective, and must sometimes show for efforts to address sensitive issues, such as ten- restraint in terms of publicly calling for perpetra- sions between religious groups and land rights, tors to be brought to justice, or condemning one through inter-religious dialogue and establish- of the parties to the conflict, on account of Nor- ment of a civil society forum on land rights. way’s role as facilitator. However, in peace pro- cesses Norway is always a driving force for ensur- ing that human rights are included in the negotia- 7.4 Considerations and dilemmas tions, and works actively for negotiated agree- ments that safeguard the rights of the victims and In promoting human rights, it is sometimes neces- of parties or population groups that are not repre- sary to strike a balance between different consid- sented at the negotiating table. This is important erations within the framework given by interna- for any agreement to be respected in the long tional human rights law. Terror and extremism term. are serious threats to human rights that must be Norway’s human rights efforts are not limited combated in a manner that respects human rights. to selected countries; in principle, they apply to all Certain human rights are absolute, such as the the countries. Media coverage of human rights prohibition of torture. This means that countries tends to focus on the most serious and massive must not engage in torture under any circum- problems, such as gross violations of legal safe- stances, not even on suspicion of serious crimes. guards or persecution of religious minorities. The Certain other rights may be restricted in excep- Foreign Service, however, takes a broader per- tional cases, but only if the following three condi- spective on human rights. Supporting favourable tions are all fulfilled: the restriction must have a developments may be just as important as criticis- legal basis in national legislation, it must serve a ing a country for negative incidents. If Norway’s legitimate aim, and it must be necessary in a dem- engagement was limited to measures targeting ocratic society. Examples of legitimate aims are the most difficult states or the most serious human interests of national security or public safety, pro- rights violations, that would be unfortunate for a tection of public health, or protection of the rights number of reasons. One of them is the question of and freedoms of others. Surveillance of individu- legitimacy: if all focus was on the countries with als who are suspected of terrorism is an interfer- the greatest challenges, the Norwegian authori- ence on the right to privacy, but it is not a violation ties would be likely to be criticised for not taking 100 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 the problems in Western countries seriously. Another reason is short-term results: if Norwegian authorities only focus on gross violations, there may be fewer opportunities to achieve improve- ments in more limited areas. Therefore Norway criticises both the US and Iran for their use of the death penalty, and is just as likely to support other countries’ authorities in their work to develop the education sector as to criticise them for neglect- ing the justice sector. Norway’s efforts are often greatest in areas where Norway has particular strengths, including knowledge pools in aca- demia, the media and civil society, historic ties from earlier missionary or aid work, strong involvement through business or civil society, or special relations to the country in question. Another important consideration is how to address human rights violations, and what instru- ments and response mechanisms are best suited for doing so. In critical situations, protesting loudly against human rights violations can save lives, and may be perceived by civil society and the population groups that are oppressed as vital support for their work. Loud protests may be sym- bolically important and send an important signal to other regimes and oppressors. At the same time, open public criticism may provoke some Figure 7.5 Lakhdar Mohamed, Morocco states and result in the authorities breaking off the dialogue with Norway, thereby limiting the opportunities for exerting influence. It is impor- fied with Western countries and/or religions. tant to strike a good balance between clear public Thus a further challenge is how much information messages and quiet diplomacy, while preserving about this type of support Norway can share with Norway’s integrity and credibility. the authorities, and how the Norwegian authori- Choosing partners for cooperation may also ties use this information in national and interna- involve difficult considerations. Providing funding tional dialogues. to non-governmental organizations may be per- Active and responsible involvement by the ceived as criticism of the national authorities, or business sector can have a direct and positive even as undermining the recipient country’s legit- impact on the human rights situation in the coun- imate regime. This tends to make political dia- tries concerned. The presence of Norwegian com- logue with the country more difficult. This may be panies in a country can also help to facilitate con- particularly true of support for democratic devel- structive dialogue between Norway and the coun- opment, which is often perceived as support for try’s authorities. Norwegian authorities seek to the opposition. Nevertheless, support for civil establish a political dialogue in which it is possible society is a key component of the Government’s to communicate clearly and address human rights foreign and development policy. Thus, the ques- violations without undermining cooperation on tion of how to determine how much support to other fronts. Choice of priorities is vital, as is link- provide, especially in relation to support for other ing some of the human rights efforts to business areas, is important. Support that is over-dimen- cooperation. This may include topics such as sioned or too obvious can tend to be self-defeat- decent work, worker participation in decision- ing. Providing support to a number of sectors, making, impact assessments (for instance in rela- including support for government institutions, tion to the rights of indigenous peoples), educa- may help reduce the degree of sensitivity, but at tion, and freedom of expression and information. the same time fragmentation should be avoided. Other examples involve knowledge transfer, Vulnerable groups, such as religious minorities, through programmes such as Tax for Develop- may be in direct danger if they are closely identi- ment and Oil for Development, which also include 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 101 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation human rights. Norway’s message is that democ- The Government will seek to address the con- racy, human rights and the rule of law are prereq- siderations and dilemmas involved in human uisites for stable economic growth, and in the rights work with openness and dialogue. A guid- interests of both the business community and the ing principle for the Government is to make it country itself. Many of the countries with vast clear that dilemmas may arise, and set out the rea- energy resources are governed by politically soning behind the decisions that need to be made. oppressive and socially unjust regimes, which can There should never be any doubt in the interna- make it difficult for Norwegian businesses and tional community as to Norway’s position on the Norwegian authorities to enter into coopera- human rights issues. tion with these countries. Investing and doing business in other countries entails responsibility. This is discussed in more detail in chapter 4.5. Priorities: Although human rights are indivisible, and use a systematic approach to bilateral efforts, civil, political, economic, social and cultural rights based on the human rights commitments and are intertwined, they are weighted differently in obligations of the countries concerned, and in different countries. It is difficult to make people line with our multilateral efforts; aware of their own rights and those of others, and actively use the human rights obligations these to generate engagement for these rights, in coun- countries have committed themselves to, as tries where the economic and social situation well as reports and recommendations from requires most people to spend most of their time treaty bodies, global and regional special pro- meeting their primary needs. This is the case in cedures and the Universal Periodic Reviews of many of the countries where respect for human the UN Human Rights Council, in bilateral rights is weak, and it applies particularly to civil efforts; and political rights, which authorities may per- pursue a policy based on openness and dia- ceive as threatening their own position. Too logue in dealing with dilemmas and difficult strong a focus on civil and political rights can pro- considerations, without compromising on Nor- voke resistance. In an international context, the way’s human rights obligations. authorities in many countries are most interested in talking about economic and social develop- ment. It is important in this context to emphasise The Ministry of Foreign Affairs that the economic, social and cultural rights are to recommends: be implemented without discrimination, and that they are intertwined with civil and political rights. that the recommendation from the Ministry of The links between the challenges a country is fac- Foreign Affairs concerning Opportunities for All: ing and the human rights situation in that country Human Rights in Norway’s Foreign Policy and must be highlighted. Development Cooperation dated 12 December 2014 should be submitted to the Storting. 102 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

Appendix 1

Abbreviations

ACHR American Convention on Human GMR UNESCO’s Global Monitoring Rights Report AHRD ASEAN Human Rights Declaration GRECO Group of States against Corruption AICHR ASEAN Intergovernmental Com- mission on Human Rights ICC International Criminal Court ASEAN Association of Southeast Asian ICC Inter-American Investment Corpo- Nations ration ATT Arms Trade Treaty ICC International Coordinating Com- AU African Union mittee for National Human Rights CAT Convention against Torture and Institutions Other Cruel, Inhuman or Degrad- ICCPR International Covenant on Civil ing Treatment or Punishment and Political Rights CEDAW Convention on the Elimination of ICERD International Convention on the All Forms of Discrimination Elimination of All Forms of Racial against Women Discrimination CICIG International Commission against ICESCR International Covenant on Eco- Impunity in Guatemala nomic, Social and Cultural Rights CPED International Convention for the ICJ International Commission of Protection of All Persons from Jurists Enforced Disappearance ICMW International Convention on the CRC Convention on the Rights of the Protection of the Rights of All Child Migrant Workers and Members of CRGA Child Rights Governance Assem- Their Families bly IDB Inter-American Development CRPD Convention on the Rights of Per- Bank sons with Disabilities IDEA International Institute for Democ- CSR Corporate Social Responsibility racy and Electoral Assistance ECHR European Convention on Human IFC International Finance Corporation Rights IGAD Intergovernmental Authority on ECOSOC UN Economic and Social Council Development ECtHR European Court of Human Rights ILGA International Lesbian, Gay, Bisex- EEA European Economic Area ual, Trans and Intersex Associa- EFTA European Free Trade Association tion EIGE European Institute for Gender ILO International Labour Organization Equality IMF International Monetary Fund EITI Extractive Industries Transpar- KOMpakt Consultative Body for Human ency Initiative Rights and Norwegian Economic EU European Union Involvement EULEX European Union Rule of Law Mis- LGBTI Lesbian, gay, bisexual, trans and sion in Kosovo intersex people FAO Food and Agriculture Organization NATO North Atlantic Treaty Organiza- of the United Nations tion FRA European Union Fundamental NCHR Norwegian Centre for Human Rights Agency Rights GIEK Norwegian Export Credit Guaran- NGO Non-governmental organisation tee Agency 2014–2015 Meld. St. 10 (2014–2015) Report to the Storting (white paper) 103 Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation

NORCAP Norwegian Refugee Council UN United Nations standby roster UNAIDS Joint United Nations Programme NORDEM Norwegian Resource Bank for on HIV/AIDS Democracy and Human Rights UNCTAD United Nations Conference on OAS Organization of American States Trade and Development ODIHR Office for Democratic Institutions UNDG- and Human Rights HRM United Nations Development OECD Organisation for Economic Co- Group’s human rights mainstream- operation and Development ing mechanism OHCHR Office of the High Commissioner UNDP United Nations Development Pro- for Human Rights gramme OIC Organisation of Islamic Coopera- UNESCO United Nations Educational Scien- tion tific and Cultural Organization OPCAT Optional Protocol to the Conven- UNFPA United Nations Population Fund tion against Torture UNGP UN Guiding Principles on Busi- OSCE Organization for Security and Co- ness and Human Rights operation in Europe UNHCR United Nations High Commis- REDD United Nations Collaborative Pro- sioner for Refugees gramme on Reducing Emissions UNICEF United Nations Children’s Fund from Deforestation and Forest UPR Universal Periodic Review Degradation in Developing Coun- WFP World Food Programme tries WHO World Health Organization SPLM Sudan People’s Liberation Move- WTO World Trade Organization ment

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