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IOB Evaluation | no. 398 IOB Evaluation | no. IOB Evaluation Navigating a sea of interests Policy evaluation of Dutch foreign human rights policy 2008-2013 IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Evaluation | no. 398 | Navigating a sea of interests | IOB Navigating a sea of interests Navigating IOB Evaluation Navigating a sea of interests Policy evaluation of Dutch foreign human rights policy (2008-2013) December 2014 Preface Preface Recognition of one’s inalienable rights as a human being is not a given. Worldwide, many countries fail to safeguard their citizens’ human rights, or safeguard them inconsistently. Promoting human rights has been ingrained in Dutch foreign policy for decades. Since 2007, Dutch governments have formulated three policy documents, outlining the Dutch strategy to promote and protect human rights abroad. This policy evaluation on human rights looks into the rationale, relevance and effectiveness of Dutch foreign human rights efforts in the period 2008-2013. It addresses the policy coherence between foreign and domestic human rights policy, as well as between foreign human rights policy and international economic policy. The evaluation particularly focuses on five themes: human rights defenders; women’s rights; equal rights for lesbians, gays, bisexuals and transgender people; freedom of expression and internet freedom; and business and human rights. All themes played a central role in Dutch foreign human rights policy in most of the period under review. The evaluation covers nine countries/territories: Colombia, Guatemala, Kazakhstan, Morocco, Nigeria, Palestinian Territories, Russia, Sri Lanka and Zimbabwe. This report was | 3 | compiled on the basis of two country studies (Morocco and Russia), existing IOB and EU evaluations, interviews and literature and document review. The policy evaluation was conducted by IOB senior evaluator Marijke Stegeman and IOB researcher Saskia Hesta. Amina Bouayach (Fédération Internationale des Ligues des Droits de l’Homme) participated as external expert in the country study in Morocco and Max Bader (Leiden University) was external expert for the country study in Russia. IOB researcher Aline van Veen contributed to the project review (until April 2014). The evaluation was guided by a reference group, chaired by then IOB director Ruerd Ruben, and consisting of representatives of the human rights department at the Ministry of Foreign Affairs of the Netherlands: Alexandra Valkenburg, head of the human rights division, and deputy head Dewi van de Weerd. External experts to the reference group were Martha Meijer (independent human rights consultant), Yvonne Donders (University of Amsterdam), Lydia van de Fliert (external expert European Commission) and René Rouwette (PhD researcher). IOB senior evaluators Nico van Niekerk and Bas Limonard acted as internal peer reviewers. All provided invaluable comments. Joy Burrough-Boenisch and IOB desk editor Jochem Hemink provided valuable comments regarding language and editing. Special thanks go to the colleagues of the Embassies and Permanent Representations in Geneva, Russia and Morocco, who put a lot of time and effort into sending project docu- mentation, facilitating the country visits, participating in the interviews, and finally, elabo- rately scrutinising and commenting on the draft reports. I would sincerely like to thank all for their cooperation and openness. Navigating a sea of interests Last, but certainly not least, I would like to extend my gratitude to those organisations that are carrying out human rights projects under extremely difficult and sometimes dangerous circumstances. The final responsibility for the content of the publication rests with IOB. Geert Geut Acting Director Policy and Operations Evaluation Department (IOB) Ministry of Foreign Affairs, the Netherlands | 4 | Table of contents Table of contents Preface 3 List of tables, figures and boxes 7 List of abbreviations 8 Main findings and issues for consideration 10 1 Introduction 11 2 Overall conclusion 12 3 Main findings 13 4 Issues for consideration 18 1 Evaluation design 20 1.1 Background 21 1.2 Goal of the policy evaluation and research questions 21 1.3 Scope and methods 22 1.4 Evaluation criteria and issues 24 1.5 Outline of the report 26 | 5 | 2 Policy development 28 2.1 Introduction 29 2.2 Rationale for the Dutch government’s involvement in human rights 29 2.3 Policy environment 30 2.4 Human rights policy 31 3 Institutional framework, instruments and expenditure 34 3.1 Human rights forums 35 3.2 MFA actors involved in Dutch policy implementation 39 3.3 Instruments 41 3.4 Expenditure 42 4 Policy implementation and results regarding priority areas 48 4.1 Human rights defenders 49 4.2 Rights of women 58 4.3 Rights of LGBT people 63 4.4 Freedom of expression 71 4.5 Business and human rights 77 4.6 Theme-overarching involvement 83 4.6.1 Profile of the Netherlands 83 4.6.2 OHCHR 85 Navigating a sea of interests 5 Coherence and coordination 88 5.1 Coherence 89 5.1.1 Introduction 89 5.1.2 International economic and trade policy 89 5.1.3 Domestic human rights policy 91 5.2 Coordination 97 6 Discussion and conclusions 100 6.1 Summary 101 6.2 Discussion 105 6.2.1 Policy 105 6.2.2 Effectiveness 107 6.2.3 Coherence 110 6.3 General conclusion 111 Annexes 112 Annex 1 About IOB 113 Annex 2 Terms of reference Policy evaluation on protection of human rights 115 Annex 3 Building blocks 122 | 6 | Annex 4 Interviews: Institutes and organisations 123 Annex 5 Bibliography 124 Evaluation and study reports of the Policy and Operations Evaluation Department (IOB) published 2009-2014 129 List of tables, figures and boxes List of tables, figures and boxes Tables Table 1.1 Framework for assessing effectiveness of project support 24 Table 3.1 Instruments applied for policy implementation 42 Table 4.1 Dutch involvement with HRD 57 Table 4.2 Dutch involvement with women’s rights 62 Table 4.3 Dutch involvement with rights of LGBT people 71 Table 4.4 Dutch involvement with freedom of expression 76 Table 4.5 Dutch involvement with business and human rights 83 Table 6.1 Dutch involvement in human rights with regard to priority themes in nine countries 101 Table 6.2 Dutch involvement in human rights in Morocco 104 Figures Figure 3.1 Dutch government expenditure on human rights projects 2008-2013 43 Figure 3.2 Expenditure by the Dutch government on human rights projects 2008-2013: distribution among regions 44 | 7 | Figure 3.3 Evaluation coverage of overall expenditure and of expenditure on worldwide projects 45 Figure 3.4 Evaluation coverage of projects in the nine countries under review 46 Boxes Box 1.1 Goal and principal research question 21 Box 4.1 The deeper integration of human rights due diligence into business activity 82 Box 4.2 Human Rights Ambassador 85 Box 5.1 Russian criticism of the Netherlands 92 Navigating a sea of interests List of abbreviations ACHPR African Commission on Human and Peoples’ Rights AIV Advisory Council for International Affairs (Adviesraad Internationale Vraagstukken) BMO Breed mensenrechten overleg (discussion platform on human rights) BMO-NL Breed mensenrechten overleg Nederland (discussion platform on human rights in the Netherlands) BRICS Brazil, Russia, India, China and South Africa CAHVIO Convention on Preventing and Combating Violence against Women and Domestic Violence (Council of Europe) CDDH Steering Committee for Human Rights (Council of Europe) CEDAW Convention on the Elimination of All Forms of Discrimination against Women CoE Council of Europe COHOM EU Council Working Group on Human Rights CRC Convention on the Rights of the Child CRPD Convention on the Rights of People with Disabilities CSR Corporate social responsibility DFID United Kingdom Department for International Development | 8 | DMM Multilateral Organisations and Human Rights Department DMM/MP Human Rights and Political and Legal Affairs Division ECHR European Convention for the Protection of Human Rights and Fundamental Freedoms EC European Commission ECRI European Commission against Racism and Intolerance ECtHR European Court of Human Rights EEAS European External Action Service EIDHR European Initiative for Human Rights EU European Union EUR Euro FIDH Fédération Internationale des Ligues des Droits de l’Homme (International Federation for Human Rights) FRA European Union Agency for Fundamental Rights GRETA Group of Experts on Action against Trafficking in Human Beings (Council of Europe) HRA Human rights ambassador HRC Human Rights Council HRD Human rights defenders HRF Human Rights Fund IACHR Inter-American Commission on Human Rights ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IDAHOT International Day Against Homophobia and Transphobia ILGA International Lesbian Gay Bisexual Trans and Intersex Association List of abbreviations IOB Policy and Operations Evaluation Department (Inspectie Ontwikkelingssamenwerking en Beleidsevaluatie) LGBT Lesbian, gay, bisexual and transgender LGBTI Lesbian, gay, bisexual, transgender and intersex MATRA Maatschappelijke transitie (Societies in Transition) MFA Ministry of Foreign Affairs