Perspectives on the Shrinking Space for Civil Society and Defenders

KIOS Seminar Report 2015

Seminar Report 2015

kios Foundation was founded 04 — introduction 14 — keynote in 1998 to fund projects that pro- Introducing Odhikar — mote human rights and develop- Challenges — Insecurity The Profile of a Perse- ment of in develop- and Closing Space for cuted Organization ing countries. The foundation is an Civil Society independent, non-political, non-re- ligious and non-governmental 16 — kios partner highlighted foundation. 06 —keynote Democratic Commission The Shrinking for Human Development kios is a consortium of eleven Space for Human Rights (DCHD), Pakistan Finnish organizations working for Defenders human rights and development 17 — kios partner highlighted issues: the Amnesty International’s 08 — kios partner highlighted Finnish Section, Committee of 100 Defenders Protection in Finland, Finn Church Aid, Disa- East and Horn Initiative (DPI), Uganda bility Partnership Finland, Finnish of Africa League for Human Rights, Finnish Human Rights Defenders 18 — discussion Peace Committee, Finnish Refugee Project (EHAHRDP) Council, un Association of Finland, Strengthening kepa, Finnish National Committee the Security of Human 09 — kios partner highlighted for unicef and Finland National Rights Defenders Committee for un Women. Human Rights Law Network (HRLN), India 21 — workshops The mission of kios is to channel Working Together development cooperation funds of 10 — discussion to Strengthen the the Ministry for Foreign Affairs of Strengthening the Cooperation of Human Finland effectively and with good Cooperation of Human quality to human rights projects Rights Defenders in developing countries. The kios Rights Defenders office is located in Helsinki, Fin- 24 —­ conclusions land. 12 — comment Global Sustainable Human Rights Development Defenders and Finnish Requires Commitment www.kios.fi Foreign Policy to Human Rights

kios Autumn Seminar 2015 was also supported by City of Helsinki.

kios Seminar Report 2015. Editors: Sandra Väärikkälä, Ilari Lovio, Ulla Anttila. Graphic Design: Prakt Oy. Photographs: Sami Sallinen. Publisher: kios Foundation, Lintulahdenkatu 10, fi-00500 Helsinki, Finland. www.kios.fi. Paino: Erweko Oy. issn 2341-9709 (print), issn 2341-9717 (online)

KIOS FOUNDATION 3 SEMINAR REPORT 2015 Introduction

Introducing Challenges — Insecurity and Closing Space for Human Rights Defenders

kios Autumn Seminar 2015 was arranged at the time been alarming and close to be called as an armed con- of a refugee crisis in Europe. Thousands of people were flict since May 2015. fleeing from Syria and other conflict areas to seek a safe Looking at Syria, Burundi and Bangladesh, we place to live in. During the four years of the armed con- believe that the shrinking space for human rights flict, more than 200,000 people have lost their lives in defenders, worsened conflicts and the refugee crisis Syria1. Europe truly awakened to the conflict as the refu- are all part of the same wider phenomenon. gee crisis intensified at the Mediterranean Sea. During the same years, the space for human rights This year’s kios Seminar on the security and coopera- defenders (hrds) and civil societies in general has been tion of human rights defenders was a continuation for shrinking in various parts of the world. Human rights the seminar kios organized in 2013. Back then, Hina defenders face new kinds of risks due to more sophis- Jilani, the former un Special Rapporteur on the situa- ticated methods that are used in order to control them. tion of human rights defenders, emphasized that human Over the past three years, more than 60 countries have rights defenders cannot fulfil their responsibility to passed or drafted laws to curtail the activity of non-gov- ­promote human rights, if they do not have a secure and ernmental and civil society organizations2. Ninety-six enabling working environment. countries have taken steps to inhibit ngos from operat- Indeed, for kios, it has been important that its part- ing at full capacity. ners who work in the global South could understand the Furthermore, in numerous countries, including Bang- potential threats against them. Reasonable risk analyses ladesh and Burundi, the human rights situation has can facilitate more strategic work for human rights. been deteriorating. In Bangladesh, kios’ partner organ- Often human rights defenders are individuals, who, ization Odhikar and many other ngos cannot work despite grave difficulties, want to stay in their countries, freely, face severe restrictions to their activities and and work for the future of their societies. kios intends to are under constant threat. In Burundi, the situation has work to strengthen their capacity to work in even more

KIOS FOUNDATION 4 SEMINAR REPORT 2015 Introduction

challenging environments. However, it must be admitted en’s rights; defenders who work in the area of business that even the task of kios to fund and support its part- and human rights; those who work in an area exposed to ners has become more difficult than previously. internal conflict or a national disaster; defenders living in isolated regions; and those working on past abuses, such “Everyone has the right, individually and in association as the families of victims of enforced disappearances”. with others, to promote and to strive for the protection He also gives credit to human rights defenders for and realization of human rights and fundamental free- being active in ensuring that the protection promised by doms at the national and international levels.” the Universal Declaration of Human Rights is extended — un Declaration on Human Rights Defenders to new kinds of threats to human dignity – for instance demanding that multinational corporations should be The General Assembly of the un adopted the Human held both morally and legally liable for their actions. Rights Defenders Declaration in 1998, after long negotia- tions. The unanimity of the General Assembly underlined This report aims to describe the speeches, discussions the significance of the declaration. However, since the and the outcome of the kios Autumn Seminar, titled adoption of this text, the situation of human rights defend- “Strengthening the Cooperation and Security of Human ers has been deteriorating in many parts of the world. Rights Defenders” organized in Helsinki on September Michel Forst, the un Special Rapporteur on the situa- 29th, 2015. It introduces the work of a few kios’ part- tion of human rights defenders, has highlighted the risks ners from East Africa and South Asia, and offers insight of hrds. In his report in December 2014, he underlines on the recent developments affecting those who stand that the most exposed groups of hrds are: “those work- up to defend human rights. The report also gives back- ing on economic, social and cultural rights and minor- ground information for the analysis of processes related ity rights; environmental defenders; defenders of lgbti to the shrinking space for civil society in numerous rights; women defenders and those who work for wom- countries.

1 Amnesty International Report 2014/15. The State of the World’s Human Rights.

2 See Guardian: http://www.theguardian. com/law/2015/aug/26/ngos-face- restrictions-laws-human-rights-generation

KIOS FOUNDATION 5 SEMINAR REPORT 2015 Keynote

The Shrinking Space for Human Rights Defenders

of the world is that the law is the weapon rather than the protector and the judges are part of the machinery that gerald staberock represses the hrds”. secretary general Mr. Staberock also talked about the negative effects world organization against of the international paradigm of counter terrorism on (omct) hrds. Mr. Staberock pointed out that the laws adopted to fight against violent extremists are also used to restrict the work of hrds and that with this regard, the Gerald Staberock, Secretary General at the World West has also a responsibility to play: “What always Organization against Torture (omct), in his keynote strikes me, is that this is an international agenda, we are speech reminded the audience why we need human supporting states to set up these types of laws, but when rights defenders: “If it was not for local organizations they are abused, there is pretty much silence, and I think that document and report on the effects on the ground, that too is something we have to address.” we would not know what is happening”. Another alarming development Mr. Staberock When talking about the shrinking space for hrds, ad dr­ essed in his speech was funding restrictions. Mr. Staberock stated that sometimes he is challenged, He explained how states are increasingly using for- because in some respect human rights work is a success eign funding restrictions to contain the space for story. Nonetheless, Mr. Staberock continued: “We see, ­hrds, despite the un Declaration on hrds and the I think, a counter reaction in parts to the successes of Human Rights Council’s resolution, which both specif- the globalized human rights community. Because hrds ically endorse the right to seek funding. Mr. Staberock are actors of change, states are nervous about it and found this to be particularly dangerous: “It is also not they react”. He emphasized that these counter reactions only destroying the life line of the organization, […] it is are part of a global climate change which “now trans- destroying the solidarity and the international protec- lates into various laws and practices that are adopted tion of organizations.” In addition to funding restrictions, to shrink the space for hrds and civil society”. The cli- states are blacklisting undesirable organizations, mate is changing not only in Asia and Africa, but also in including international ones, with the consequence that countries considered democratic in Latin America and cooperation with them becomes criminal. Organizations Europe. and hrds are also facing reprisals by the states after engaging with the un treaty system, eu or Human States’ Measures to Restrict the Space for hrds Rights Council. In his speech, Mr. Staberock noted that countries are increasingly adopting models of laws that restrict the Fading International Commitment to Human Rights space for ngos to operate. He regretted: “For me as a Mr. Staberock argued that the above mentioned neg- lawyer, something that I always find very depressing is ative trends are possible, because there is a fading that we think in the West of the law and the courts as ­international commitment to human rights. The fad- the protectors of rights. What we see in reality, when it ing commitment plays out not only in political terms, by comes to hrds and hrds’ organizations in many parts cracks in the human rights movement and the lowering

KIOS FOUNDATION 6 SEMINAR REPORT 2015 Keynote

We see, I think, a counter reaction in parts to the successes of the globalized human rights community. Because hrds are actors of change, states are nervous about it and they react.

commitment to human rights by governments across the Mr. Staberock concluded his speech with a reminder that world since the 9/11, but also in financial terms. “Many expresses the fundamental role that hrds play: “hrds countries in Europe are reducing their support in civil are inherently working for their countries. They care society and this reduction of support comes right in the about their countries maybe more than anybody else”. moment when probably civil society needs that sup- port the most.” He reminded: “In that context, it is also about our commitment in European countries to human rights and hrds’ protection,” and added: “So I think we too have a responsibility to play when it comes to this World Organization against Torture shrinking space. We too can do much more to protect (omct) was created in 1985 and is today the main coalition of international non-­ that space”. governmental organisations (ngos) fight- Threats from Non-state Actors ing against torture, summary executions, enforced disappearances and all other Mr. Staberock also highlighted that hrds are not only cruel, inhuman or degrading treatment. facing threats from states, but increasingly also from www.omct.org non-state actors, business, private security operators and others. He noted with regard to business sector that in many parts of the world the companies come from countries like China and Russia, and added: “This pro- vides a real challenge. How do we bring those kinds of actors into a broader human rights dialogue and protec- tion dialogue?”

“We should stand side by side as actors of change with the defenders we work with” Finally, Mr. Staberock proposed a list of remedies for the situation. He suggested that we should build more effective counter strategies within the ngo community, do more coalition work and ensure that hrds are not seen at the corners and margins of their societies, but as forceful actors and part of the public debate on human rights. He also suggested that we should have a recom- mitment by the states to human rights politically, finan- cially and in all senses, and to commit to the support structure that defenders need. In addition, Mr. Staberock reminded that in the divisive world, any double standard would be exploited, so “we have to do better at home”.

KIOS FOUNDATION 7 SEMINAR REPORT 2015 KIOS Partner Highlighted

East and Horn of Africa Human Rights Defenders Project (EHAHRDP)

East and Horn of Africa Human Rights Defenders Pro- ehahrdp focuses on hrds who due to their work are at­ ject (ehahrdp) was established in 2005 to protect and particularly risky situation. These include women def­ defend hrds in the East and Horn of Africa region, to enders, hrds working in elections, extractive industries, build their capacity, and to advocate and raise public and in conflict areas, as well as defenders working on awareness and profiles ofhrd s in the region. ehahrdp issues regarding minorities, especially sexual minority serves as the Secretariat for the regional network of over groups, and impunity and corruption. 75 hrds and their organizations. Currently the network works in 11 countries: in Burundi, Djibouti, Eritrea, Ethio­ At the national level, ehahrdp operates through the pia, Kenya, Rwanda, Somalia (together with Somali- countries’ national coalitions of hrds in pr­ otection land), South Sudan, Sudan, Tanzania and Uganda. and advocacy. At the regional and international level, ehahrdp works as a member at the Pan African hrds Network and through it, cooperates with five other sub-regional defenders’ networks in advocacy, espe- cially at the African Union and the level, and in information sharing and strengthening coopera- tion between hrds. Additionally, ehahrdp has developed The legal environment, where strategic relationships with diplomatic missions, regional we are working in now­ is very and international ngos as well as with national human restrictive and specific rights institutions. legislation is being used against kios has supported ehahrdp since 2006. kios first pro- specific hrds, not as a blanket vided support to organize a regional conference on human rule, but to target specific rights work and human rights defenders’ protection aimed at hrds and journalists. Since then, kios has continued organisations or individuals to to support the work of ehahrdp by providing assistance send a specific message to civil to extend the network and to strengthen the organisation’s society as a whole. capacity in protection, advocacy and training.

memory bandera, ehahrdp www.defenddefenders.org

KIOS FOUNDATION 8 SEMINAR REPORT 2015 KIOS Partner Highlighted

Human Rights Law Network (HRLN), India

Human Rights Law Network (hrln) is a collective of In India, the government lawyers and social activists dedicated to the use of the has made it very difficult legal system to advance human rights in India and the sub-continent. Since the establishment of hrln in 1989, for both ngos and funding its work has evolved into a nationwide network of law- agencies to exist. yers, paralegals and social activists working for advanc- ing human rights, struggling against violations and kranti l.c., hrln ensuring access to justice for all. The organisation’s main activities are pro bono legal aid, Public Interest Litiga- tions, advocacy, awareness raising on human rights, in human rights and constitutional law. The project has investigation and research of human rights violations as a specific emphasis on access to justice for the poor well as producing “know your rights” -publications and through the use of Public Interest Litigations. Simulta- campaigning. The organisation’s work is particularly neously, the project aims to create a support network of focused on the following communities; women, children, human rights defenders in South Asia and to strengthen persons with disabilities, senior citizens, sexual minor- the use of the legal systems to defend their rights. ities, religious minorities, indigenous, labour, refugees and Dalits. www.hrln.org kios has supported Human Rights Law Network's (hrln) free legal aid services as well as training and campaigning activities aiming to improve access to jus- tice for the poor and most marginalised in India since 2007.

The project kios is currently funding has an even wider coverage. It is about sharing the organization’s knowl- edge and expertise by training judges, lawyers, parale- gals and social activists in Pakistan, Bangladesh, Nepal, Sri Lanka, Afghanistan as well as the Tibetans in India

KIOS FOUNDATION 9 SEMINAR REPORT 2015 Discussion

Strengthening the Cooperation of Human Rights Defenders

region of other countries, neighbour- context. Government, partly because ing countries, adopting some of the of its alliances with the Western memory clauses that were used by Ethiopia powers, is now anxious to technol- bandera to restrict civil society organizations. ogy that was unheard of before, and ehahrdp In Uganda as we speak, there are civil society will really need to under- on-going discussions in the parlia- stand that, when it chooses technol- ment on the ngo bill, which of course ogy. I agree that transparency might will change the environment that civil be your best protection at times, society organizations work in. but we should also understand that gerald Secondly, we work with national the right wing in India today is very staberock omct coalitions, which are on different boorish. levels regarding resources and the access they have to different mech- In your opinion, what are the inno- anisms. So working to strengthen vations that would be needed for the coalitions requires differentiated more effective cooperation? strategies for each coalition. Finally, kranti l.c. hrln we need to constantly re-evalu- gerald staberock — Coopera- ate the environments where we are tion is not a goal in itself, it has to be working to find out the priorities in practical in pursuing human rights. specific countries at different times. Secondly, I think it is important that when we speak about regional kranti l. c. — In India, the gov- cooperation, we speak about coop- ernment has made it very difficult eration in a much broader sense. What are the challenges and diffi- for both ngos and funding agen- We have seen a lot of advances in culties that you face in your work? cies to exist. Another concerning the national level cooperation in the issue is the coming to power of the past few years. At the moment we memory bandera — Firstly, the right wing, referred to as rss, and have also regional networks, which legal environment where we are their clear message that if need we did not have some years back, working is very restrictive and spe- be they will even use brute force to and which are a great value. How- cific legislation is being used against effect their agenda. Additionally, ever, we also have the global dimen- specifichrd s, not as a blanket rule, the unfortunate reality is that coun- sion, and we have to think how we but to target specific organiza- tries are investing heavily in India connect globally and this is some- tions or individuals to send a spe- and we have a very unhealthy nexus thing that can be very concrete. cific message to civil society as a between industry, the state and non- For example, we [omct] worked on whole. We have Ethiopia which came state actors. two countries last year, where we up with drastic laws in 2009 and Regional cooperation and the had workshops that brought hrds we have seen a trend across the work of hrds have to be seen in this in Libya and in Cambodia together

KIOS FOUNDATION 10 SEMINAR REPORT 2015 Discussion

anisms, then you are looking at regional cooperation. In India today, the national mechanisms would only kick in when the issues are not so explosive. At the moment, the courts are independent in India and national issues can be dealt with in them, but the Indian government is aiming to end the independence of the courts.

What is the best way for foreign partners to support lgbti rights in very difficult circumstances? I would say that one element memory bandera — The argument is to see local, national, regional that we have always been putting and global, not in isolation of forward as an organization is that each other, but together. we have different priority areas and one of them is lgbti. When we pro- gerald staberock, omct vide emergency or any kind of assis- tance for the hrds we work with, we are not looking at their background, we are not asking them about their sexuality, or that kind of detailed information. We have been trying to engage governments, especially at the local level, to look at human with our partner organizations to rights issues as a whole, and not one discuss what we could do better specific issue and single it out. Quiet to protect. As a result of these dis- diplomacy is the first best step for cussions, there is now a hrds’ net- foreign governments to intervene. I work in Libya and a global network believe financial support to organi- community of land right defend- zations working with sexual minority ers in Cambodia. I would say that groups will help them cope with the one element is to see local, national, stigma and difficulties they face as a regional and global not in isolation result of their work. of each other, but together. kranti l. c. — In the Indian con- Which level of cooperation would text, the situation is very peculiar you prioritize? What are the issues as the Supreme Court has re-crim- that are important for the national, inalized homosexuality, and at the regional and global cooperation? same time, transgender people are provided with affirmative action. kranti l. c. — The level of coopera- In India, transgender is considered tion depends on the issues and play- as part of the culture, but lgbti is ers involved. For example, in politi- thought of as something foreign. It cal issues, you should look at a more is important to ensure that lgbti global area of engagement. Then organisations get all the help and again when it comes to, for exam- exposure they need to take their ple, emergency response mech- struggle forward.

KIOS FOUNDATION 11 SEMINAR REPORT 2015 Comment

Human Rights Defenders and Finnish Foreign Policy

promoting human rights, both in Finland and abroad. An active civil society is needed besides the states’ commit- rauno merisaari ment to legally binding international human rights law, human rights ambassador treaty bodies and intergovernmental dialogue. He accen- the ministry for foreign tuated that the role of human rights defenders is grow- affairs of finland ing while the current situation in the world, including economic crisis and regional conflicts, bring challenges to the implementation and monitoring of human rights. “Human rights defenders bring attention to the human Fundamentals of Finnish Human Rights Policy rights violations and encourage their authorities to cor- Rauno Merisaari, Human Rights Ambassador at the Min- rect matters,” he stated but also reminded of the states’ istry for Foreign Affairs of Finland, assured that the fun- primary role: “In the end it is always the states that need damentals of Finnish human rights policy remain also to ensure the enjoyment of human rights”. during the current government’s term. The fundamen- tals consist of the founding principle of the universality Supporting Women Human Rights Defenders of human rights, the cross-cutting objectives of reducing Ambassador Merisaari emphasized that “women human and eliminating discrimination and improving transpar- rights defenders generally face more challenges and ency and possibilities for civil participation. “The funda- obstacles to their work, in particular if they work in patri- mentals are not only a question of internationally binding archal societies”. He regretted that “sometimes human commitments, but also elementary parts of Finnish iden- rights violations, like domestic , tity and values,” he summed. are regarded as taboos or private family matters and not as structural societal issues”. With this regard, Ambas- “Civil society is an engine in human sador Merisaari acknowledged that violence against rights protection and promotion” women is a major challenge also in Finland. He remarked Ambassador underlined that civil society is a key part- that the Finnish government highlights the significance ner for the Finnish Foreign Ministry in protecting and of women and hrds who are defending women­ ’s rights

Support to women hrds strengthens and empowers women to participate in public life and benefits all.

KIOS FOUNDATION 12 SEMINAR REPORT 2015 Comment

In the end it is always the finnish human rights policy — states that need to ensure the concrete measures to protect and support hrds enjoyment of human rights.

Political measures

Supporting the effective implementation of the eu Guidelines on hrds, the un Declaration on hrds and the osce/odihr’s guidelines on hrds in the human rights policy. “Support to women hrds Promoting the protection of hrds in the un strengthens and empowers women to participate in and other international organizations

­public life and benefits all,” he summed. Taking into consideration the situation of hrds in the Universal Periodic Review process Finnish Public Guidelines on Human Rights Defenders Public Guidelines of the Foreign Ministry of Finland on Strongly supporting the access and interaction the implementation of the European Union Guidelines of hrds with international organizations, including on hrds were launched in 2014. “[The purpose of Fin- the treaty bodies land’s own Guidelines] was to make even more effec- Supporting the work of the un Special Rapporteur tive spell out of our commitment to support hrds. The on the situation of hrds as well as other un special guidelines present a strong message of encourage- procedures ment to all our staff members of our Foreign Services to Supporting the activities of the Council of Europe’s actively engage with human rights actors,” Ambassador Commissioner for Human Rights Merisaari explained. Since the adoption of the Guide- lines, Ambassador Merisaari­ noted that the Ministry’s Through political and diplomatic dialogue, t­aking and its embassies’ initiatives with regard to hrds have up the situation of hrds, the space they have to increased, and that the Ministry has been receiving operate in and violations of their rights with relevant more information on the protection and support of hrds authority as the issue has become an elementary part, for exam- Cooperating with the un and other like-minded ple, in the regional meetings’ agenda between the Min- communities for enhancing the effectiveness of istry and the embassies. the work Ambassador Merisaari regretted that the cuts in the Finnish development aid budget will unfortunately also lead to cuts in the government’s financial support to hrds. However, he emphasized: “the decision is based Financial measures on financial facts, not on the political reassessment in our human rights policy”. Ambassador Merisaari praised that the work of Supporting local ngos and hrds in developing hrds has become more visible globally, but continued countries through Finnish embassies’ Local Cooperation Funds (lcf) by regretting that “at the same time unfortunately also intimidation, harassment and direct violence against Funding and cooperating with Finnish and hrds and their work have gained more ground”. With international ngos for the protection of hrds this, Ambassador Merisaari concluded his speech: “You [hrds] must be protected and your work supported. Our Ministry and the staff of the Foreign Ministry are prepared to cooperate actively with hrds around the world”.

KIOS FOUNDATION 13 SEMINAR REPORT 2015 ”IHMISOIKEUDET. Ne eivät ole vapaaehtoisuuden tai mielipiteen varassa. Ne ansaitsevat ja tarvitsevat aina tuekseen lainsäädäntöä. Meidän on tämä turvattava.”

Ollaan yhteydessä ihmisoikeuksista ja inhimillisestä elämästä!

[email protected] p. 050-4 666 222 www.sirpapietikainen.eu MEPsirpapietikainen @spietikainen

Supporting democracy and human rights

Petri Sarvamaa "The human rights defenders put their Member of health, and even their lives at risk. the European They need our support, and they need Parliament to be protected." www.eppgroup.eu

– Heidi Hautala, member of the European Parliament TESTAA UUSI VIHREÄ LANKA! Vuoden lehdet 48 € (8 numeroa)

Opiskelija, työtön tai eläkeläinen 40 €/vuosi Puoli vuotta 26 € (4 numeroa) www.vihrealanka.fi/tilaa

Supporting democracy and human rights Vihreä Lanka uudistuu aikakauslehdeksi

maailma ja kotimaamme muuttuu - ja ideologiset valinnat jakavat kansalaisia ja maailmaa. Vihreä Lanka -lehti uudistuu helmikuun lopulla täysveriseksi aikakauslehdeksi, joka ilmestyy kahdeksan kertaa vuodessa Riikka Suomisen luotsaamana.:

”Tavoitteeni on tehdä Suomen kiinnostavinta poliittista aikakauslehteä, joka tarjoaa uusia vihreitä ajatuksia ja analyyseja, sekä tuottaa reportaaseja, jotka on ihan pakko lukea ja kommentoida. Haluamme tarjota tietoa ja inspiraatiota maailman muuttamiseksi kaikissa vaikuttamisen paikoissa: politiikassa, järjestöissä, taloyhtiön hallituksessa ja ostoksilla. Vihreän Langan ydintä ovat yhteiskunnalliset ilmiöt, poliittiset analyysit ja kiinnostavat henkilökuvat.”

PS: Kerro mieluusti, millaista Lankaa sinä haluat lukea: [email protected] Keynote

Odhikar — The Profile of a Persecuted Organization

to ensure free and fair elections. After the Amendment, the government became even more repressive. The situ- adilur rahman khan ation culminated in 2014, when Bangladesh’s ruling party secretary Awami League declared to have been elected in the elec- odhikar tions, which were boycotted by all the opposition par- ties, and which led to violence. Consequently, the current government in Bangladesh became elected without any electoral contest.

The Crackdown of Civil Society in Bangladesh “Bangladesh is a Dangerous Country Adilur Rahman Khan is a rewarded Bangladeshi human for Human Rights Defenders” rights defender, as well as a founder member and cur- Bangladesh is constraining the work of hrds, for exam- rent Secretary of the human rights organization Odhikar. ple by restrictive legislation. A draft ngo law, not yet He is also an Advocate of the Supreme Court of Bangla- enacted, is already being applied by the government desh and a former Deputy Attorney General. against human rights organizations like Odhikar. The Mr. Khan explained the extremely difficult situation government requires ngos to apply for permission from in Bangladesh for human rights defenders. He referred the authorities and without the permission ngos can- to the seminar’s previous speaker, Ambassador Mer- not access funds. Since February 2014, Odhikar has not isaari, when he explained the Bangladeshi government’s been able to access its funds, which has led to a situa- view on civil society: “This morning we have heard that tion, in which the organization is unable to provide sal- civil society is a partner for the government for bring- ary to its staff and the continuity of the organization’s ing development in human rights, but in Bangladesh civil work is uncertain. society is seen as cancer from the top”. Furthermore, Mr. Another piece of legislation, Information and Com- Khan pointed out that the question of shrinking space for munication Technology Act, is being used against hrds, hrds and civil society addressed by Mr. Staberock in his journalists and dissenting voices. The implementation of speech is not relevant in Bangladesh, because the sit- the Act has resulted in arrests of journalists and closing uation is even worse: “The question of shrinking space down of newspapers. Furthermore, “in the name of coun- is not there in Bangladesh, in fact, there is no space to ter-terrorism, the government is using all its forces. It has shrink”. a special police to silence dissenting voices,” Mr. Khan Mr. Khan accentuated that human rights work has described. This has translated into hundreds of political never been easy in Bangladesh. Odhikar has been detainees. under pressure from all the regimes. However, the situ- In this environment, Mr. Khan and his colleagues ation deteriorated further after the approval of the 15th have been facing tremendous pressure from the regime Amendment to the Constitution in 2011. The Amendment currently in power. Odhikar publishes a monthly report inter alia removed the possibility to hold elections under based on the monitoring of the human rights violations the Neutral Caretaker Government, which had been in Bangladesh. This report has become a challenge achieved by the people’s movement, and which worked for the government: “Since the beginning of its publi-

KIOS FOUNDATION 16 SEMINAR REPORT 2015 Keynote

It is a real challenge to defend democracy and human rights for the people of Bangladesh. The question of shrinking space is not there in Bangladesh, in fact, there is no space to shrink.

cation in 2007, the government is trying to stop it, and pearance since 2009. Mr. Khan was arrested in August that’s why Odhikar has come under more surveillance, for publishing a report on extra-judicial executions and all our activities are monitored, and the funds have also is currently on bail. He concluded his speech: “After I get stopped,” Mr. Khan explained. Odhikar has also faced back, please support our struggle, and if I am not there, reprisals after engaging with the un Universal Peri- then support our friends”. odic Review process by providing shadow reports. The law enforcement agency has also prevented some of the events organized by Odhikar to take place.

The Lack of International Attention Odhikar Mr. Khan underlined the depth of the situation, by emphasizing the invisibility of Bangladesh in the eyes of Odhikar (meaning “rights” in Bangla) was the international community: “Bangladesh is not referred established in 1994 with the goal to uphold anywhere, Bangladesh is under the carpet and that’s the civil and political rights of the people of Bangladesh along with social, economic why Bangladesh government can do anything. The inter- and cultural rights. The organisation’s national community does not see Bangladesh as a case”. activities today include documentation and Mr. Khan pointed out that Bangladesh was elected for fact-finding on human rights violations, the third time in the un Human Rights Council and asked advocating and networking, monitoring the audience with disbelief: “Can you imagine?” elections and regularly reporting on human Mr. Khan regretted that due to the restrictive legis- rights violations, through, for example, lation, many donors consider that human rights work media campaigns. Odhikar’s office is cannot be done in Bangladesh. “It is a real challenge situated in the capital of Bangladesh, to defend democracy and human rights for the peo- but it works across the nation through the assistance of over 500 human rights ple of Bangladesh,” he said. Mr. Khan urged donors to defenders, which it has trained. understand that in Bangladesh, where there are repres- sive laws and the government is violating the rights of Odhikar has been a partner organisation the people, legal process is not the only way. He also of kios since 2010. kios has supported strongly encouraged the hrds’ community to take the organisation’s work in the documentation and fact-finding of human action: “It is important to be innovative and it is impor- rights violations, as well as in advocacy. tant to bring Bangladesh as a case under the radar of The kios-funded projects have especially the international community”. focused on the promotion of the rights of women and strengthening the network Conclusion of human rights defenders. At the end of his speech, Mr. Khan noted some of the www.odhikar.org human rights violations that the Bangladeshi govern- ment has been guilty of. He referred to more than 1200 extra-judicial killings and 215 victims of enforced disap-

KIOS FOUNDATION 17 SEMINAR REPORT 2015 KIOS Partner Highlighted

Democratic Commission for Human Development (DCHD), Pakistan

The Democratic Commission for Human Development Pakistan. Through the survey, dchd was able to col- (dchd) is a civil society organization founded in 2003. lect information on security issues from over 400 human dchd strives to create a tolerant, democratic and plu- rights organizations across the country. The research ralistic Pakistani society based on human rights princi- gathered important data on the current security threats ples and ideals. The organization aims for these goals the organizations are facing, the perpetrators of the through and awareness raising, threats and the security measures that the organizations research and documentation, advocacy and campaign- have in place. With the help of this data, dchd is able to ing, as well as networking and building alliances. assess the risks and capacities of the hrds’ organiza- tions as well as to build their capacities for risk mitiga- The organization has conducted a first of its kind base tion and to develop their security plans. Ultimately the line survey on the situation of hrds’ organizations in goal of the research is to develop a local mechanism or national network for hrds’ protection.

This year, with KIOS’ support, dchd has launched a hrds are at risk in Pakistan. similar research project focusing on women human rights defenders and their security. The project includes They face harassment, arbitrary assessing risks women human rights defenders face arrest and detention, abduction and increasing their capacity in coping with security and kidnapping, surveillance, challenges. In addition, the organization is planning on developing a Women Human Rights Defenders Protec- threats, judicial harassment tion Manual for providing practical tools and strategies and killings. Threats exist from for addressing security issues. multiple quarters, state actors and non-state actors, like With KIOS’ funding earlier, the organization has pub- lished Nawa-e-Insan, which is a by-monthly magazine religious militant and political focusing on human rights-based independent and crit- groups. State is not capable ical analysis on the economic, social and political con- of protecting its citizens who ditions in Pakistan. With the circulation of 8 000 people, the publication strives to increase human rights aware- are defending human rights in ness, respect for human rights, democracy and the rule Pakistan. of law, as well as peaceful development and tolerance.

tanveer jahan, dchd www.dchd.org

KIOS FOUNDATION 18 SEMINAR REPORT 2015 KIOS Partner Highlighted

Defenders Protection Initiative (DPI), Uganda

In our engagements with some Defenders Protection Initiative (dpi) was founded in of our development partners, 2012 by several long-term human rights activists and security experts. dpi employs unique and innovative we demand that all ought to approaches in its contribution to a safer working envi- consider support for security ronment for civil society in Uganda. dpi’s working meth- planning and management for ods include providing capacity building for hrds in terms of digital and physical security. The organization their respective grantees. This also conducts policy research and advocacy for strate- means that development gic engagement with stakeholders purposed at influenc- partners should finance ing positive change. security management related In 2014, kios supported the organisation for the first costs of all their grantees. time. The kios-funded project of dpi comprised of secu- rity trainings for human rights defenders. yona wanjala, dpi www.defendersprotection.org

KIOS FOUNDATION 19 SEMINAR REPORT 2015 Discussion

Strengthening the Security of Human Rights Defenders

What would you emphasize in talk- it is still a declaration. We should ing about support from your own all advocate at the international adilur societies and the international sup- level for it to convert into a conven- rahman khan port to hrds and human rights tion. Secondly, human rights agenda odhikar organizations? Which kind of sup- should be put in all bilateral agree- port is most important regarding ments, because economics has its the security of hrds? own language. Finally, because of these challenges that we are facing adilur rahman khan — Firstly, during the past years, all organiza- tanveer the laws that the government has tions should cooperate at the inter- jahan dchd made and enacted are working to national level. Civil society should destroy initiatives. They are creat- be joining hands together globally ing an environment, where people’s for stronger defence mechanisms for organizations, human rights organ- hrds. izations cannot work. So it is impor- yona tant to become innovative. Secondly, yona wanjala — My primary wanjala we have some influence at theun emphasis here is that security dpi level to make visible the cases which should be the right and responsibil- are not yet visible, because hrds ity for all, and that security begins are persecuted, detained and even with the hrds themselves. hrds killed, but their cases are not heard. ought to understand the context Unfortunately, the global wind, the within which they operate in order to trend is more right-wing, because take informed decisions in respect of the so-called counter-terrorism to their security. hrds need to find move. In the name of war against answers to questions like: What are terrorism, the governments are in a the threats within their working envi- way at war against the people at the ronment? Who are the forces behind ground level. The remedy lies with the threats? Why are they being tar- the people. The people who are sup- geted and not others? What are pressed should find a common strat- some of the strategies that may egy, but the strategy is not there yet. be employed by the perpetrators against them? What makes them tanveer jahan — Firstly, the whole more susceptible to the attacks? international human rights law when In our engagements with some it comes to enforcement is very of our development partners, we weak. We refer a lot to the Declara- demand that all ought to consider tion on the Protection of hrds, but support for security planning and

KIOS FOUNDATION 20 SEMINAR REPORT 2015 Discussion

management for their respective cerns. However, this has challenges respect for democracy and human grantees. This means that develop- too. First of all, only the hrds that rights, but it is not implemented, it ment partners should finance secu- are in the capital have easy access is never discussed. What is the use rity management related costs of all to the eu. This is because they are of eu hrds Guidelines if they are their grantees. Finally, there is the situated in the capital and thus have not applicable outside of Europe, for issue of double standards of donor access to information and can eas- example in Bangladesh? I think it is communities. Some of the diplo- ily be accessed for the invite. The important to raise these issues in matic missions support us as hrds, rest of the hrds in the country side Europe. The European hrds should but sometimes they also support our seldom have their issues catch the address these issues first, because governments to attack us. attention of the missions due to lim- we need their support. They can act ited documentation and publicity. through solidarity acts. We need How do you consider the role of I do think there is a need to decen- action simultaneously at our end the eu Guidelines on hrds and tralize some of these eu Guideline and at this end. the Finnish National Guidelines approaches, besides just translating on hrds? them into local languages. tanveer jahan — eu and Finn- ish National Guidelines can play yona wanjala — Uganda is one of adilur rahman khan — I think the an active role in the protection of the few countries, where local imple- eu hrds Guidelines should not be human rights defenders. eu guide- mentation strategy for the eu Guide- dependent on bilateral agreements. lines, though not legally binding, are lines on human rights defenders Bilateral agreements should be gov- being used for the physical protec- in place. The eu working group in erned by the eu hrds Guidelines, tion of hrds, for providing enabling Uganda offers a platform for hrds but it is not the case now. Bilat- environment for hrds to work, as to visit upon invitation and raise eral agreements between the eu well as for bringing important human their issues and handle their con- and Bangladesh are based on the rights agenda in political dialogues, including condemnation of threats and attacks against hrds, and for providing financial support tohrd s’ work. Unfortunately the level of inter- est of eu Missions in the situation We refer a lot to the Declaration on of local hrds varies from country to the Protection of hrds, but it is still country. In some places, hrds may a Declaration. We should all find that economic relations or other concerns dominate the agendas of advocate at the international level the eu and Member State represent- for it to convert to a Convention. atives, and that there is little concern for human rights issues, including tanveer jahan, dchd the situation of local hrds.

KIOS FOUNDATION 21 SEMINAR REPORT 2015 Workshops

Working Together to Strengthen the Cooperation of Human Rights Defenders

In connection with the kios Seminar Week, a workshop day was organized, aiming at sharing experiences and drafting recommendations on how to advance cooperation and security of human rights defenders.

Two parallel workshops with focuses on South Asia and East Africa were arranged. The Asia-themed workshop focused on women human rights defenders, whereas the Africa-themed workshop on regional mechanisms in human rights work.

KIOS FOUNDATION 22 SEMINAR REPORT 2015 Workshops

Workshop ASIA — Ways Forward shashi adhikary, Legal Aid and Consultancy to Strengthen the Networks, Center, Nepal kranti l. c., Human Rights Law Network, India Regional Cooperation and sandra petersen, Norwegian Human Rights Fund, Norway Security of Women Human Rights Defenders in South Asia

Introduction Reflections and recommendations Throughout South Asia, the rights of women remain a pressing and cross-cutting human rights issue. At the In patriarchal societies, whrds might face chal- same time, the work for the promotion and protection of lenges also from the mainstream human rights women’s human rights is particularly risky. The workshop movements, which is important to take into account discussed the experiences of human rights defenders when building networks and cooperation among human rights defenders. working on women’s rights issues, the benefits and chal- lenges of networks and cooperation, and gave insight for Acknowledgment of the legitimate rights and organizations funding women human rights defenders. specific needs for the protection ofwhrd s at the international level has generated increasing donor National Alliance in Nepal (nawhrd) interest and support. The workshop drew from the presentation of Dr. Renu Competition of human rights organizations on Rajbhandari, the chairperson of Women’s Rehabilitation funding tends, however, to curb the enthusiasm to Center Nepal (worec). She shared the experiences on engage in networks and even lead to withdraw- the National Alliance for Women Human Rights Defend- als – organizations are tempted to work on sepa- rate agendas in isolation with their respective fund- ers Nepal (nawhrd), in which worec has played a cen- ing partners. tral role. nawhrd promotes the recognition of women human If initiatives of networks of whrds are too donor rights defenders and their rights. It is a collective plat- driven, they do not necessarily work. The initia- form of whrds and their associated organizations and tive must be rooted to the grassroots-level and be needs-based in this respective. movements across Nepal’s 75 districts. Its goal is to strengthen the movements, to facilitate for their capacity Networks are not a goal in themselves – sometimes and knowledge building, and to join them in campaign- networks that work together for a particular cause, ing and advocacy. The network also documents system- but collapse after, are also fruitful. Sustaining a net- work is not always necessary. atically cases of violence against whrds and advocates for their safety. Besides un mechanisms, support and pressure nawhrd has been successful in bringing women­ ’s from the representations present in a country is cru- rights into the local and national human rights, peace cial for the realization of whrds’ rights and their and constitution building, and transitional justice protection in acute risk situations. agenda. Reference can be made to the adoption of the Concerning protection of whrds and hrds, fund- Gender Based Violence Act in 2009, establishment of ing organizations have to be flexible and able to Government-run shelters and crisis centres, as well channel emergency funds also to individuals not as to Nepal accepting upr recommendations to guaran- only to organizations. tee the security of whrds. kios has supported the net- When hrds are working in very difficult situations, work’s activities since 2007. the activity oriented project-funding model can be challenging. Alternative methods, including support- Workshop participants: ing movements through fellowship- funding should be considered. Moderators: katja ilppola & kristiina vainio, kios dr. renu rajbhandari, Women’s Rehabilitation Fostering and strengthening informal communica- Center Nepal, Nepal tion, information sharing and dialogue between hrds adilur rahman khan, Odhikar, Bangladesh is very much needed for protection and trust building. tanveer jahan, Democratic Commission for Human Development, Pakistan

KIOS FOUNDATION 23 SEMINAR REPORT 2015 Workshops

Workshop AFRICA — Strengthening Human Rights Work by Regional Cooperation Reflections and recommendations and Utilization of Regional Mechanisms Build civil society’s capacity to utilize in-country mechanisms. Regional mechanisms can be a use- Introduction ful tool, but in promoting human rights civil soci- ety organizations must first have the capacity to Recent developments, for example in Burundi, have exhaust the mechanisms within their home coun- shown the fragility of peace in many African societies. tries. Strengthening civil societies on a national level At the same time, there is potential that regional mecha- must not be forgotten. nisms could be a useful tool for the realization of human Build csos capacity to engage with regional mech- rights in Africa. This workshop discussed how utiliz- anisms. Raising awareness about regional mecha- ing African Union and other regional mechanisms can nisms and building csos’ capacity to engage with amplify the impact of human rights work. Four recom- these mechanisms is seen as a vital step and an mendations were formulated. area of work which needs more resources. The workshop drew from the presentations of Ms. Do an engagement plan for African Union recom- Hala Al-Karib from the Strategic Initiative for Women mendations. After the African Union has given rec- in the Horn of Africa (siha) and Ms. Memory Bandera ommendations, the follow-up is often insufficient. from the East And Horn of Africa Human Rights Defend- csos should have a working method of making an ers Project (ehahrdp). siha is a regional network of engagement plan to follow up on the implementa- civil society organizations in the Horn of Africa, working tion of the au recommendations. towards promoting and protecting the rights of women The security of hrds engaging with human rights in the region. ehahrdp (for longer introduction, see page mechanisms nationally, regionally and interna- 8) strengthens the work of human rights defenders by tionally must be ensured. Human rights defenders reducing their risk of persecution and by enhancing their might put themselves in danger when giving input, capacity to effectively defend human rights. for instance, for the African Union on human rights issues. This sometimes also hampers human rights Workshop participants: defenders of putting on the knowledge they have. Mechanisms where the security of hrds is ensured Moderator: eva-marita rinne-koistinen, are therefore crucial. Finn Church Aid, kios Board hala al-karib, Strategic Initiative for Women in the Horn of Africa, Sudan/Uganda memory bandera, East And Horn of Africa Human Rights Defenders Project, Uganda yona wanjala, Defenders Protection Initiative, Uganda yussuf bashir, Haki na Sheria, Kenya ntenga moses, Joy for Children, Uganda

KIOS FOUNDATION 24 SEMINAR REPORT 2015 Conclusions

Global Sustainable Development Requires Commitment to Human Rights

Global development requires work for human rights. for these national guidelines earlier, and welcomed the Civil society’s achievements in making states account- process. able, creating alternative ways to strengthen human Finland has underlined the role of civil society and rights and reporting on them are an essential part of the human rights defenders for the promotion of human rights progress. This work creates dialogues on human rights in many official statements. In March 2015, the Foreign at local, national and international levels. Such dia- Affairs Committee of Parliament held important that Fin- logues can prevent armed conflicts. In the same way, the land would actively “support those individuals, who work ability to resolve contradictions in a peaceful manner is to promote human rights, even in difficult circumstances also needed in societies recovering from armed conflicts. at the risk of their own lives”. Also the Advisory Board To sum up, the essential role of human rights work must on International Human Rights Affairs, which consists of be acknowledged in conflict prevention, peace building the representatives of Finnish parliamentary parties and and work for global development. human rights organisations, considered last February that In September 2015 at the un summit, the state lead- “Finland should support the work of human rights defend- ers decided on the “Agenda 2030” which will be guiding ers in its foreign policy and through its network of mis- the promotion of sustainable development from 2015 to sions abroad more actively than today”. 2030 across the world. The Agenda includes 17 Sustain- kios urges further efforts on behalf of the Minis- able Development Goals. When putting this agenda into try for Foreign Affairs of Finland to promote the guide- practice, states should take into account how they can lines on human rights defenders, whether they are the support civil society and human rights defenders. national ones or the eu’s. The eu also needs to work in a We are facing a time when human rights work is consistent manner to promote human rights and support needed to promote the Sustainable Development Goals. civil society throughout its spectrum of policies, a task, These goals cannot be sustainable, if the state lead- which has proven to be challenging when human rights ers do not understand that respect for human rights and work is considered sensitive. However, human rights civil society is a precondition for development. Many need to be supported consistently in practice, not only of the un mechanisms have enabled the contribution in principle. Therefore, issues like business and human of civil society to the un processes, and it is important rights, as well as other politically sensitive issues, need that the Sustainable Development Goals also enable the to be discussed in dialogue between the eu or Finland mobilization of human rights actors at local, national and the countries, where the human rights violations and international levels. concerned, take place.

In Finland, the Ministry for Foreign Affairs published kios is also worried about the shrinking funding for the national guidelines for the protection and support of human rights or civil society. As Gerald Staberock human rights defenders in November 2014. These guide- emphasized in his speech, human rights defenders need lines provide the staff of the Ministry and its diplomatic continuous support. If it is denied, they will face even missions with practical tools for cooperating with human more challenging obstacles for their work. Unfortunately, rights defenders and civil society. kios and the Finnish it is probable that the budgetary cuts by rich coun- section of Amnesty International with others had urged tries such as Finland and Denmark, will at least to some →

KIOS FOUNDATION 25 SEMINAR REPORT 2015 Conclusions

→ extent, weaken civil societies of developing countries, as related to the shrinking space. This question requires an unintended consequence of these policies. much more attention. If the civil society is threatened, Due to the budgetary cut, kios has been forced to also democracy is under threat. decrease its focus countries from ten to six. During the years 2016–2020 the support will be channelled in East Africa to Kenya, Rwanda and Uganda, and in South Asia Further Reading to Nepal, Sri Lanka and Tibetan civil society organiza- tions within the refugee community. Support is continued European Union Guidelines on Human Rights Defenders: within projects regarded as exceptionally important also https://www.consilium.europa.eu/uedocs/cmsUpload/ in Bangladesh, Burundi, Ethiopia and Pakistan, as much GuidelinesDefenders.pdf as resources allow. At the moment, kios is also mapping alternative possibilities for funding and developing its Protecting and Supporting Human Rights Defenders – own fundraising. Public Guidelines of the Foreign Ministry of Finland on In order to raise awareness about human rights and the implementation of the European Union Guidelines civil society in developing countries, in 2016, kios is on Human Rights Defenders: planning to publish a booklet on human rights defend- http://formin.fi/public/default.aspx?contentid ers aimed at the Finnish audience. In 2017, kios is plan- =323946&nodeid=49542&contentlan=2&culture=en-US ning to arrange a larger seminar focusing on the topic of business and human rights in Helsinki. osce/odihr Guidelines on the Protection of Human Rights Defenders: http://www.osce.org/odihr/119633 Finally, when comparing the outcome of our seminars in 2013 and this year, it is clear that continuing system- un Declaration on the Right and Responsibility of atic efforts to support human rights work in civil society Individuals, Groups and Organs of Society to Promote is necessary. Even though some of the Millennium Devel- and Protect Universally Recognized Human Rights and opment Goals were achieved, the threats to civil soci- Fundamental Freedom: ety cause threats to peaceful problem resolving of inter- http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/ nal questions within many societies and states. Making Translation.aspx connections between these phenomena requires further cooperation between civil society organizations, schol- un Special Rapporteur on the situation of human rights ars, politicians and state actors to find solutions that defenders and the materials available on his website: enable higher respect for human rights, peace, and sus- http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/ tainable development. Also the international community SRHRDefendersIndex.aspx should pay more attention to facilitating and strength- ening “a secure and enabling environment” for human Carothers, Thomas & Brechemmacher, Saskia (2014): Closing rights defenders as Hina Jilani has required. Space: Democracy and Human Rights Support Under Fire. As Gerald Staberock also urged, ngos need to Carnegie Endowment for International Peace, Washington. strengthen their cooperation for tackling the issues http://carnegieendowment.org/files/closing_space.pdf

KIOS FOUNDATION 26 SEMINAR REPORT 2015

Lahjoita tänään Varmista ihmisoikeustyön jatkuminen

KIOS tekee Suomessa ainutlaatuista työtä tukemalla suoraan kehittyvien maiden järjestöjen ihmisoikeus­- työtä. Ihmisoikeuspuolustajat tekevät työtä haavoittuvimpien ihmisten oikeuksien puolesta – joskus jopa asettaen itsensä vaaraan. KIOSin valtionapua ihmisoikeustyölle leikataan 41 % vuonna 2016. Tästä syystä lahjoittajien tuki on erityisen tärkeää, jotta työ voi jatkua.

lue lisää: www.kios.fi