RIGHTS WORK! MAKE THEM REAL! Conclusions from the International Conference on Systematic Work for Human Rights Implementation held in Stockholm on 6–7 November 2008

Government Offices of Sweden

important work has just started 3 Input from Rights work! 4 implementing human rights 5 main objective of Swedish Chairmanship 9 establish group to continue discussionsrights work! 11 make Un them capacity- real! • 1 building 13 Sweden intends to maintain a high level 15 sub themes 19 Necessary consider the value 23 Photo: Pawel Flato Pawel Photo:

Ministers Gunilla Carlsson and Nyamko Sabuni and Commissioner Thomas Hammarberg at the closing press conference.

This paper is published as a report from Rights Work!, the International Conference on Rights must be real! Systematic Work for Human Rights held in The Universal Declaration of Human Rights, as one speaker at Rights Work! Stockholm, Sweden, on 6–7 November 2008. so correctly pointed out, is not a terribly complicated document. It’s about being human! A pdf of Rights Work, Make them real! can be We have now celebrated the 60th anniversary of this historic and, even today downloaded at www.sweden.gov.se/rightswork impressively modern document. “Where, after all, do universal human rights begin?” Eleanor Roosevelt, who chaired the drafting of the Universal Declaration, Publisher responsible, Director and Head of once asked. At Rights Work! another speaker reminded us of the answer to that the Division for Discrimination Issues at the central question. The nurse in the hospital for the mentally ill is also a human Ministry of Integration and Gender Equality, rights defender! Sweden: Charlotta Wickman Human rights can never be fully realised without the active participation of each and every one of us. That is where systematic work for human rights must begin! Production: Ministry of Integration and Gender Equality and Global Reporting, Sweden If we are serious about our human rights obligations, ratifying conventions, Editor: Lena Mirow though necessary, is not enough. We note a worrying gap between the rights Texts when no other source indicated: proclaimed in international, and regional, instruments, and how these rights are Lena Mirow respected at national level. This is the case even in our own country. We would fail in our duty if human rights remain just words when we are confronted with Graphic design: Global Reporting, Sweden the problems in real life. Printed by: Modintryckoffset AB, Sweden We strongly believe that systematic work for human rights contributes to a better implementation of human rights standards. It is when states themselves get Large cover photo: Pawel Flato down to studying their own human rights situation that things start to happen! Small cover photos: First and foremost it is a matter of trying to find effective methods to avoid Sandro Weltin/Council of Europe mistakes that may harm the rights and interests of individuals. Rights must be real! The next step is to follow up on some of the ideas and recommendations from Rights Work! in the Council of Europe, the UN and other fora. In the paper you are now holding in your hand, as well as giving a brief overview of the outcome and background of Rights Work!, we want to explain how that can be done. n

Ministry of Integration and Gender Equality Gunilla Carlsson Nyamko Sabuni Sweden Minister for International Minister of Integration Development Cooperation and Gender Equality

2 • rights work! make them real! This important work has just started

he International Conference on Systematic Work for Human Rights T Implementation, held on 6–7 November 2008, was organised by Sweden in close Photo: Pawel Flato Pawel Photo: co-operation with the Council of Europe Commissioner for Human Rights. Entitled Rights Work! the conference was one of the key activities that took place during the Swedish Chairmanship of the Committee of Ministers of the Council of Europe. Experts were invited from the Council of Europe member states, and from a number of other states with a particular interest in systematic work for human rights implementa- tion. The conference, held in the centre of Stockholm, was attended by more than 200 participants -including keynote speakers, rapporteurs and moderators – from approxi- mately 60 countries.

The first conference of its kind The aim of the conference, the first ever A participatory working method with smaller groups contributed to the active participation of everyone at Right Works! international conference to focus on these issues, was to encourage discussions between Government representatives, international rights implementation have now been launched organisations and civil society that would with this first conference. SIGNS OF AN INTEGRATION result in constructive recommendations and The intention of the Swedish Government in the sphere OF ETHICS conclusions for future systematic work on was that the conference should stimulate other human rights at national level. countries and actors – both at international “The Universal Declaration of Human Rights Mr Thomas Hammarberg, Council of and national levels – to work more systemati- has been followed by a great many conven- Europe Commissioner for Human Rights, gave cally on human rights issues. tions. Equally encouraging is that tribunals, one of the opening speeches, and also acted as It was also seen as a chance for Sweden to like the International Criminal Court and moderator and general rapporteur. A summary learn from other actors in this respect. One instruments and procedures for inter­ of his recommendations on systematic human way of working on human rights more system- national supervision like the new Universal rights work at national level is found included atically can be to develop national human Periodic Review have been created. in this publication. The recommendation is rights action plans. Let me stress two aspects of this new available at commissioner.coe.int. Clearly, however, there is not only one fabric of norms. The Swedish Government has adopted two universal recipe for systematic human rights • Firstly, we often speak about the national human rights action plans, the first work. Exchanges of experiences concerning international economic integration as the for 2002–2004, and the second for 2006–2009. different challenges and methods are essential globalization. I think the modern body of While the experience gained from working on in the ongoing process that systematic work UN human rights norms and the mecha- these projects has been largely positive, it has for human right constitutes. Nonetheless, it is nisms for their implementation are signs of shown that in working systematically on important to remember that all countries another growing international integration human rights implementation many issues should make decisions based on their own – an integration in the sphere of ethics. need to be solved along the way. conditions. • The second aspect is that the norms Various international contacts have also consistently direct the world toward shown that many people in other countries Intentions fulfilled humanism and tolerance. This is no small face challenges that are also encountered in The results of this first international confer- thing when we consider the many inhumane Sweden, and that their experiences and ideas ence are very encouraging, and the intention and unfair norms that have governed in the could assist Swedish systematic work for of the Swedish Government at this first stage past and the many that still exist.” human rights implementation. has been fulfilled. The conference organisers had also aimed Excerpt from opening A chance to learn from others to create an environment for participatory address by Dr Hans In Measure 112 in the second national action discussions among conference participants. Blix, President of the plan for human rights the Swedish Govern- This aim was achieved through four different World Federation of ment therefore declared its intention to invite sub-themes, which in turn were divided into United Nations

other states that have devised, or are thinking smaller round tables. Associations, available Sandegård/MFA Lisa Photo: of devising, national action plans for human Appreciative remarks on the good atmos- at www.sweden.gov.se/ rights to a conference in 2008. This important phere of the conference have shown that this rightswork work and exchange of experiences at interna- working method contributed to the active tional level on a systematic approach to human participation of everyone at the conference. n

rights work! make them real! • 3 ystematic human rights work at national level in Sweden is an ongoing Photo: Pawel Flato Pawel Photo: S process that started with the baseline study and the subsequent first National Action plan for Human Rights in 2001. Lessons learned and changing circumstances have, of course, influenced this process, and the second National Action Plan for Human Rights, submitted to the Swedish Parliament in March 2006, is different from the first one in structure and in several other ways. The participatory process, which in Sweden has proved to be almost as important as the actual action plan in itself, has also developed. An even larger number of actors, almost 400, were invited to participate the second time. Nyamko Sabuni, Minister of Integration and Gender Equality, welcoming participants to Rights Work! Input from Rights work! may influence the future systematic Work in Sweden

This year, 2009, is the last year of the for working systematically on human rights at www.unhchr.ch/pdf/nhrap.pdf for the first second Swedish national action plan, and the national level and vice versa. handbook published). These two aspects are implementation of the 135 measures. Deci- The drafting of State party reports – in- presented as being equally important. The sions on how to move forward when the cluding the dialogue on their content with Government of Sweden shares this view. second national action plan has expired will national human rights institutions, NGOs and Consultation and dialogue are central to soon need to be taken. The experiences other actors – and follow-up on the comments increasing confidence, legitimacy and the gained through systematic work on human and recommendations from treaty monitoring effectiveness of human rights work, and to rights in other countries, whether through bodies entail regular reviews of the national spreading knowledge about the upcoming national action plans or other methods, are human rights situation in the country. action plan. therefore of great value for the Swedish When a report has been compiled it might Government. easily be combined with, or form the basis of Not a temporary measure Several ideas, approaches and methods the baseline study of a national action plan, or Knowledge, awareness raising and human presented at Rights Work! are now being any other strategic document dealing with the rights mainstreaming are key to achieving full studied and discussed by the Ministry of challenges identified. Alternatively, when a respect for these rights. These methods are Integration and Gender Equality, which is human rights baseline study has been likely at the core of future initiatives in responsible for coordinating systematic work produced at national level, this document can Sweden’s public sector, i.e. government for human rights at national level in Sweden. be used as a basis for drafting a common core agencies, courts, municipalities and county At a later stage, this discussion will be document to the UN treaty bodies. councils. extended to the Government offices and The recipient of the National Action Plan is beyond, in the follow-up of the second Open process even more important the Swedish Parliament, but it is also intended Swedish national action plan. Broad consultation and a truly participatory for use within, for instance, central govern- Some of the ideas brought forward at the process are goals in themselves and were ment agencies, municipalities and county conference that are now being discussed, and strongly emphasised at Rights Work! Several councils which are responsible for respecting that perhaps may be further developed within strategies have proven successful in bringing human rights. The general public is also the continuing process of systematic work in reality to international human rights norms. targeted since it needs to be aware of its Sweden, are outlined below. These include national inquiries on a wide rights, use them, assert and safeguard them. range of human rights problems. Efforts to increase knowledge and aware- Useful help in state reporting One idea brought forward during the ness of human rights cannot be regarded as a State reporting to the various international discussions in Sweden following the confer- temporary measure, but must be an ongoing human rights monitoring bodies is often very ence, is the possibility of arranging hearings as process. These efforts should also comprise resource intensive, and quite a challenge for part of the consultation process in future measures in the public sector, including the any administration. In Sweden, what is now systematic work. In Sweden the participatory educational sector. The work should take discussed is whether, and in what way, system- process has been almost as important as the place in a dialogue with private actors and atic work on human rights implementation can action plan in itself, and one idea is to develop NGOs active in the relevant area. facilitate this reporting process. and widen the process further. It was an important starting point both for Systematic human rights work at interna- According to the UN handbook on national the work of the survey and the action plan that tional level has its direct correlation at action plans for human rights, an action plan they were carried out in an open process of national level. Reports can be used as a basis is meant to be both a result and a process (see consultation with various sectors of society. n

4 • rights work! make them real! Commissioner´s recommendation on systematic Photo: Michel Christen Michel Photo: Work for implementing

Thomas Hammarberg, ­Commissioner for Human Rights of human rights the Council of Europe.

1. Introduction stock of the current efforts to systematise There is a gap between the rights proclaimed human rights implementation and identified in international and regional human rights the advantages of coherent human rights COMMISSIONER PROMOTES instruments and how these rights are respect- planning. RESPECT AND AWARENESS ed in individual countries. In fact, all states To develop an action plan openly presenting IN MEMBER STATES encounter challenges in their work towards problems and corresponding activities is a complete fulfilment of human rights. Scarce signal of commitment to human rights. To resources are often invoked as the main have real impact, this must be followed The Council of Europe plays a central obstacle. Corruption, internal tensions, through by coordinated efforts to ensure that role in promoting and protecting human racism and intolerance are other obstacles to all authorities have a rights-based approach to rights in Europe. The European Court of real progress. Serious violations of human their work, that citizens have an understand- Human Rights has enhanced, and rights also take place in countries that are ing of their human rights and access to developed, the protection of human considered stable and non-corrupt. The illegal effective remedies when they are violated; rights in Europe. In addition, the Council arrests, enforced transport of wrongfully that the judiciary is independent and func- of Europe’s Commissioner for Human detained people and brutal interrogation tions well; that the political processes – in- Rights is able to provide both reaction methods used in the struggle against terror- cluding the budgetary process – take due and response to human rights issues ism are clear examples. consideration of international standards in facing member states. Council of Europe member states are their decision-making; that civil society can The Commissioner for Human Rights increasingly showing an interest in methods scrutinise and criticise decision-makers in a is an independent, non-judicial institu- for systematic human rights implementation safe and enabling environment; and that tion within the Council of Europe, and monitoring. Most countries have devel- national human rights institutions (NHRIs) mandated to promote awareness of, and oped strategies or action plans targeting are adequately mandated and resourced to respect for, human rights in the organisa- specific problems, such as gender inequalities, monitor independently how national legisla- tion’s member states. The Commissioner, racism and discrimination, or trafficking in tion, policies and administrative practices Mr Thomas Hammarberg, monitors the human beings. Azerbaijan, Croatia, Lithuania, comply with international obligations. (…) national implementation of human rights Norway, Moldova, Sweden and several through country visits and reports. The countries outside Europe have adopted 2. Methods for systematic work national system and structures for comprehensive action plans seeking to address There is no universal formula for systematic protecting human rights in each country the human rights situation in a coherent human rights work. Different working are assessed as part of this process, manner. When anchored in a thorough methods have been developed over the last including the coordination of human baseline study, such plans have proved to be decade, such as the baseline study, national rights work and national action plans. useful tools for clarifying the authorities’ action plans, mainstreaming, the rights-based At Rights Work! the Council of responsibilities and for identifying and approach and human rights indicators. These Europe Commissioner for Human Rights addressing gaps in human rights protection. different methods are preferably used in gave an opening speech, and acted as These developments have been inspired by combination with one another and form part moderator and general rapporteur. The the UN World Conference on Human Rights of a continuous process. Commissioner has now issued a recom- which met in Vienna in 1993. (…) Moreover, The baseline study is a description of the mendation on systematic work for systematic work for human rights implementa- current human rights situation in a country. implementing human rights at the tion was the theme of the International (…) National action plans may be comprehen- national level which is found in excerpt Conference “Rights Work!” organised by the sive or specific. The idea of a comprehensive here. The whole text is available at Swedish Chairmanship of the Council of national action plan is to grasp the whole www.commissioner.coe.int. Europe Committee of Ministers in Stockholm picture of the human rights situation and to on 6-7 November 2008. The Conference took approach policy and planning in a comprehen- s

rights work! make them real! • 5 Photo: Sandro Weltin/Council of Europe of Weltin/Council Sandro Photo:

The Commissioner monitors the national implementation of human rights through country visists and reports.

sive and coherent manner. The same attention obtain information from various parts of ised plans can be valuable for raising aware- is given to the implementation of economic, society to get a thorough and comprehensive ness about a specific problem and obtaining social and cultural rights as to civil and picture of the situation. agreement on the action needed. They can political rights. Indicators help governments facilitate coordinated measures involving to measure progress. Mainstreaming is a way 4. Comprehensive authorities working in different areas. Plans to of organising work within the government and and specific action plans combat trafficking in human beings, for local authorities so that human rights There are several ways to proceed after the example, often involve the police, the standards and obligations are integrated into baseline study has been completed. One prosecutor’s office, the courts, the immigra- all levels of policy and decision-making. Such method is to develop a national human rights tion agencies as well as social workers and working methods call for a rights-based action plan or strategy where the main human health care personnel. approach, which means viewing everyone as rights concerns are identified and suitable A common question is how comprehensive rights-holders and identifying the duty-bear- measures to address these problems are set. and sector-based plans should relate to each ers who are responsible for the realisation of The baseline study provides the basis for this other. A number of governments working with human rights. It seeks to empower rights- work. Other considerations are financial and comprehensive plans also have specialised holders to claim their rights rather than wait human resource constraints, which can make ones. If coordinated in substance and timing, for policies or legislation to change. The it impossible to address all of the human the plans can reinforce each other rather than rights-based approach should be applied to rights problems at once. This is why priorities overlap or ignore one another. The comprehen- work in all policy areas. and solutions to human rights problems must sive approach is intended to ensure that no be discussed in an open and inclusive way. If important human rights are disregarded and 3. The baseline study an area is not given priority status even that a clear human rights perspective is A baseline study provides the foundation for though the baseline study reveals real included in sector-based measures. Once the any systematic human rights work. We need concerns, the plan or strategy needs to problematic areas are identified, an activity in to know where we stand in order to develop explain clearly the reasons behind such the comprehensive plan could be developed strategies and plans for future improvements. decisions. Any attempts to describe the real into a specific plan (…). The first step is to collect information from situation in flattering terms or to include National action plans for human rights different sources on the human rights measures that lack substance in reality will should be viewed as part of a continuous, situation in the country. Whilst a human seriously undermine the credibility. participatory and transparent process. They rights plan or strategy might focus on certain Another approach is to develop action start with a baseline study which has been pressing problems and leave others outside, a plans targeting one or several human rights carried out in dialogue with the authorities, baseline study needs to cover all relevant concerns, such as racism, discrimination, civil society, NHRIs and other stakeholders. human rights challenges. (…) It is necessary to gender equality or children’s rights. Special- The government’s priorities are then openly

6 • rights work! make them real! presented in an action plan setting concrete measures to address previously identified concerns. Progress and set-backs are regularly followed-up during the implementation. Towards the end, both the process and the results should be subjected to an independent evaluation. Based on these findings the whole Photo: Sandro Weltin/Council of Europe of Weltin/Council Sandro Photo: process starts over again (…).

5. Implementation The purpose of systematic work is to make continuous progress in all areas of human rights. This calls for a result-oriented ap- proach to implementation. Experience shows that the implementation phase poses the greatest challenge to countries. The reasons why differ. An overly ambitious plan may lack funding or high level support within the government and the public administration, or simply attempt to do more than is realistically possible in the time stipulated. Proper mechanisms for coordination and follow-up may not be in place, making it difficult even for those committed to the plan to implement it effectively.

6. Follow-up and evaluation The results of the efforts to systematise human rights work should be regularly followed-up and evaluated. National human rights action plans (…) need regular review Commissioner Hammarberg on a visit to discuss situation of asylum seekers and minorities. during the implementation phase, both among the authorities reporting back to the govern- ment and within the government. It is important to publish information regularly. the standards set by the government or an human rights problems is indispensable for This will also enable more active involvement agency for their human rights work during a the protection of human rights. Organisations of NHRIs and civil society in supporting the set time-frame. States who have worked with and individual human rights defenders are plan and pushing for its implementation. indicators during the baseline study could use among the main actors contributing to the When informing of progress, focus should be them to identify progress and setbacks. enjoyment of human rights. They possess placed on the results and not merely on expertise on and experience of human rights whether planned activities have been carried 7. The role of regional violations, which is why a dialogue between out or not. If the expected result does not and local authorities the government, local authorities and civil materialise, the reasons for this should be Regional and local authorities have a key role society should be central to all human rights investigated and new measures prepared. and a great responsibility for implementing strategies. (…) Civil society has a role to play Changing conditions in society may call for human rights. Education, housing, health care, during the implementation and evaluation adjustments. Commitment to specific social services and policing are examples of phases as well. By using national and local performance standards and continuous areas where local decision-making may have a action plans or strategies in their advocacy follow-up increase the likelihood of positive direct effect on people’s human rights. Still, and awareness raising activities they can put results. only some local and regional agencies explic- pressure on the government and the authori- Towards the end an independent evalua- itly apply the rights-based approach to their ties to carry out the activities. Civil society tion assessing the overall results should be work. This does not mean that most local and representatives are also valuable partners for carried out. It is equally important to assess regional authorities fail to live up to their those who evaluate plans and strategies. the process, in terms of participation, obligations. But there is an added value in Furthermore, NGOs may cooperate with inclusiveness and transparency. The conclu- treating persons as holders of rights instead of public authorities in implementing certain sions should be presented openly and a debate merely trying to meet their needs. The human activities even if the overall responsibility for should be encouraged about the advantages rights approach empowers patients, pupils, implementing the plans remains with the and disadvantages of the process and how it the elderly, the homeless and everybody else government. could be improved. All stakeholders who have to claim their rights and, thereby, improve For civil society to be able to fulfil their participated in the process should be able to their situation. This in turn requires ad- role as human rights guardians, states need to contribute. The evaluation will provide the equate procedures for claiming rights and create an environment where they can operate foundation for the continuing process, addressing violations. freely without risking reprisals, threats or whereby a new baseline study is developed attacks. The UN Declaration on human rights (...). If well designed, benchmarks and human 8. The role of civil society defenders and the Council of Europe rights indicators can be valuable tools for A vibrant civil society that scrutinises, Committee of Ministers’ recommendation and s follow-up and evaluation(…). Benchmarks are criticises and stimulates public debate on declaration give guidance(…). States should

rights work! make them real! • 7 10. Recommendations In their systematic work for implementing human rights member states should:

1. Carry out a baseline study giving a broad and accurate picture of the current human rights Photo: Sandro Weltin/Council of Europe of Weltin/Council Sandro Photo: situation. A thorough evaluation of existing policies and practices and recognition of ­problematic areas is key to effective human rights implementation.

2. Develop national human rights action plans or strategies to address the human rights challenges identified in the baseline study. Such plans should contain concrete activities and indicate the authorities responsible for their implementation. The activities should be coupled with time-frames and benchmarks for follow-up and evaluation. International reporting obligations should be integrated into the process.

3. Involve all stakeholders during the entire process, including NHRIs, civil society and representatives from disadvantaged groups of people. Such an inclusive and participatory ensure that their legislation on freedom of approach will contribute to the legitimacy of the plan, create shared ownership and make association, peaceful assembly and expression implementation effective. All communication with NHRIs and civil society representatives must as well as its implementation comply with be conducted with full respect for their integrity and independence. internationally recognised human rights 4. Review the implementation of action plans in a regular way and carry out an independent standards. evaluation upon their completion. It is equally important to assess the process, in terms of participation, inclusiveness and transparency, as it is to evaluate the end result. 9. The role of National human Rights Institutions 5. Ensure high-level and long-term support for the action plan by the active involvement of Independent NHRIs such as ombudsmen or politicians and the leadership of the authorities and agencies responsible for the plan’s human rights commissions have proven to be implementation. Action plans stretching over national and local elections should be discussed valuable institutions for independent moni- and/or adopted by the parliament to ensure continuity. toring of human rights and maladministration. 6. Coordinate human rights planning with the budgetary process to secure proper funding for According to the Paris Principles which lay human rights work. Review budget proposals from a human rights perspective to inform down the responsibilities and competencies politicians of the consequences of their decisions and to hold them accountable. for NHRIs, such institutions should be mandated to submit reports, opinions and 7. Integrate human rights into the ordinary work of the public administration and ensure recommendations on any human rights matter effective coordination and cooperation between the authorities at all levels by setting up to the government or the authorities, or networks or other fora for the exchange of experiences and information, discussions and publish such information. Several NHRIs are planning. also authorised to receive complaints from individuals and may mediate or bring cases to 8. Foster a human rights culture through the full integration of human rights in education and court. When given proper mandates and training as well as through awareness-raising using concrete and accessible language. Review adequate funding to ensure their independ- curricula and teaching materials and apply participatory learning methods to this effect. ence, such national human rights structures Assess and address the needs of public officials and other professionals who deal with the have proven competent to monitor continu- human rights of others to ensure that they have a thorough and up-to-date knowledge of the ously how national policies and administrative international standards relevant to their field of competence. practices comply with international stand- 9. Set up adequate systems for data collection and analysis, including data on disadvantaged ards. groups of people. Collection of sensitive data should be voluntary and coupled with proper NHRIs play an important role in systema- safeguards to prevent the identification of individuals belonging to a particular group. tising human rights work. NHRIs often Complement official data with relevant information from NHRIs and NGOs. provide human rights education and training to government officials, judges and police 10. Encourage local authorities to develop comprehensive local baseline studies, action plans officers (…). In some countries NHRIs or similar documents ensuring regular review of the local situation and coordinated efforts to regularly follow-up on what measures the address human rights challenges. Adequate systems should be established for monitoring the state has taken to implement the recommen- provision of health care, education or social services, whether provided by private or public dations from international monitoring bodies. actors, using the rights-based approach. They also carry out studies and inquiries on 11. Take concrete action towards creating an enabling environment for civil society, including human rights issues. (…) NHRIs can make a human rights defenders, and make consultation with civil society a common practice when significant contribution to the development of drafting policies and action plans at the national, regional and local level. baseline studies, (…) and give valuable information for identifying problems and 12. Review the mandates of NHRIs to make sure that they comply with the Paris Principles. setting priorities. Even if their independence Ensure that NHRIs have adequate resources to fulfil their role in systematising human rights may prevent them from playing a direct role work. Consider establishing such institutions at the regional or local level to facilitate easy in the development and implementation of access for those whose rights have been violated. action plans or strategy documents, NHRIs can be more involved during follow-up and the evaluation. n

8 • rights work! make them real! “Make rights real” main objective of Swedish Chairmanship uman rights, democracy and the rule of law are more than ever the focus of H world politics. Over the last few decades much has actually changed for the better. Some examples are the advances in equality and non-discrimination, the establish- ment of the UN High Commissioner for Human Rights, and in Europe the Council of Photo: Ellen Wuibaux/Council of Europe of Wuibaux/Council Ellen Photo: Europe Commissioner for Human Rights, the EU Fundamental Rights Agency, emergence of national human rights institutions, and the recognition of civil society as a partner in human rights work. Progress has been made, and the Council of Europe has played an important role in this process. At the Warsaw Summit in 2005, the member states agreed that the future of the organisation is to pursue its core objective to Palais de l’ Europe, Strasbourg, France. protect and promote human rights, democracy and the rule of law. The Swedish Chairmanship of the Commit- The conference focused on developing tiveness of the European Court of Human tee of Ministers strived to facilitate progress methods for more effective implementation of Rights, and the implementation of its judg- with regard to the core objectives of the human rights standards through the promotion ments. In April 2009 the Court will celebrate organisation as agreed upon at the 2005 of different tools. As mentioned previously, its 50th anniversary. Spain intends to promote Warsaw Summit. Sweden’s priorities in these the aim was to encourage systematic work on a dialogue between all Council of Europe efforts were: human rights implementation. member states with the aim of finding a The ambition was to stimulate, and solution that will ensure that the Court can Human rights – consolidation of the contribute to, a discussion on different fulfil its duties. Council of Europe system of human methods for ensuring that the reality within Representatives of the Ministry of Foreign rights protection; countries correspond with the rights pro- Affairs in Madrid took active part in the Strengthening democracy and good claimed in regional and international stand- Rights Work! conference in Stockholm. The governance in the member states; ards. The council of Europe Ministers’ initiative taken there to enable an exchange of and Deputies were informed about the results of experiences at international level concerning Reinforcing the rule of law in Europe. the Conference in mid-November 2008. systematic human rights work, and how to The guiding principle of the Swedish proceed within the framework of Council of To increase the impact of the work under- Chairmanship has been to “make rights real”. Europe, will hopefully be highlighted and taken within these and other areas, the We believe our efforts have to some extent further discussed at the European level. n Chairmanship also emphasised how various contributed to this. activities throughout the entire organisation should contribute to the Council of Europe’s Sweden hoping for a continued SPAIN APPROVED core objective. In this light the Chairmanship discussion within Council of Europe ITS FIRST ACTION PLAN aimed to strengthen relations with the The Ministers for Foreign Affairs in member European Union and international organisa- states hold the Chairmanship of the Commit- In December 2008 the Council of tions and encouraged reforms within the tee of Ministers, the executive body of the Ministers of Spain approved an Action Council of Europe. Council of Europe, on a rotating basis in Plan on Human Rights, which was The main objective of the Swedish Chair- alphabetical order, for a six-month term. submitted to the Secretary General of the manship of the Committee of Ministers was to Spain took over the Chairmanship from United Nations. promote the realisation of the core objective of Sweden at the end of November 2008. Spain’s The National Action plan is an open the Council of Europe - to make rights real. Chairmanship will end in May 2009 at a document whose implementation will be The Swedish Chairmanship focused on the Committee of Ministers session in Madrid evaluated periodically, taking on board implementation of the Summit’s action plan scheduled to coincide with the 60th anniver- new commitments. The Plan includes 176 and the streamlining of the Council of sary of the Council of Europe. Sweden’s hope measures, both in international and Europe’s activities and reform measures for a is that discussions on how to move forward on domestic areas. Each measure, or commit- more efficient and transparent organisation. systematic human rights work will continue in ment, includes a follow up sheet indicat- The Chairmanship strived for an enhanced the Council of Europe. ing the Ministries involved, the calendar, political dialogue on both topical and thematic In the programme of the Spanish Chairman- and the civil society organisations working issues. The Rights Work! conference consti- ship of the Council of Europe, there is for in the relevant fields. tuted one of these measures. example a commitment to ensure the effec-

rights work! make them real! • 9 THE MESSAGE HAS TO BE MORE CONCRETE As one moves from human rights advocacy to human rights implementa-

tion there are at least three issues that Ms Silvia Escobar, Human need to be reviewed and addressed: Rights Ambassador, Spain. • Content and the language of the message: A value based, prescriptive con- tent, anchored essentially in a legalistic language, has to be transformed into a message that is more concrete, accessi- ble, operational and practicable. • Process to reach out to stakeholders: Unlike the advocacy-phase, an effective implementation of human rights requires a strategy that encourages ownership of the process to implement human rights by the local-level stakeholders; • Identification of human rights What do you think of the stakeholders at country level: Implement- ing human rights requires an ad infini- tum focus on a process that promotes conference Rights Work? and protects the rights. It requires a continuous assessment of the efforts “I’m very excited about the conference. The importance are human trafficking, discrimina- being made by duty-bearers in meeting conference is more about practical informa- tion and cross-cultural dialogue. When it their obligations – irrespective of tion and working methods, not as theoretical comes to cross-cultural dialogue, we want to whether it is directed at promoting a as is often the case. It’s a totally different way deepen the alliances of civilizations.” right or protecting it. and approach. I think it’ll be great.” Could you please give us an example of Spain will take over the chairmanship of something exciting that will happen when Excerpt from keynote speech by Mr the Council of Europe from Sweden in the Spain takes over the chairmanship of the Rajeev Malhotra, Add. Economic Adviser, of November. What are the most important Council of Europe? Dept. of Economic Affairs, Ministry of human rights issues that you’ll move “Yes, there are many exciting things Finance, Government of India, available forward? planned. For example a two/three-day forum at www.sweden.gov.se/rightswork “The two most important issues that I will will be held in Madrid to celebrate the 60th try to push for are gender equality and anniversary of the United Nations Universal abolition of the death penalty. Other issues of Declaration of Human Rights and more importantly the 50th anniversary of the European Court of Human Rights. The Court of Human Rights has expressed its wish to hold an extraordinary session IMPORTANT TO BE INVOLVED ON THE INTERNATIONAL STAGE outside Strasbourg, in Madrid. This will be on a date to be decided by the European Court. I believe it is also important for those the process of developing their own national And Spain has appointed Ms MariaVictoria countries that have established national action plans to see what has been done Scola as Special Ambassador for the Spanish action plans to be involved on the interna- already and to draw encouragement from Chairmanship of the Council of Europe.” tional stage as well. the work of others. Have you found that there are any advan- By developing and implementing a This conference is a good example of this tages or disadvantages to being a woman in national action plan, a country is making an process. your job as Human Rights Ambassador? unambiguous statement not only to its own In this way we can ensure that the “No, I’m not aware of any advantages or people but also to the outside world about promotion and protection of human rights is disadvantages of being a woman in my job. It’s its human rights agenda. a truly common endeavour aimed at odd though that there are so few women By having a clear program, countries are ensuring the observance of universal represented at the top, as ambassadors for in a better position to seek technical and principles. example, when the majority of the people other assistance in trying to overcome working with human rights are women. There problems, especially in areas where domes- Excerpt from keynote speech by Mr Bill are seven human rights ambassadors in Europe tic expertise or resources are limited. Barker, Director, Human Rights Internation- and only one of them is a woman, and that’s International activity also serves the al, Australia, available at www.sweden.gov. me.” n purpose of assisting countries that are in se/rightswork Text and photo: Lisa Sandegård, Ministry for Foreign Affairs

10 • rights work! make them real! Photo: Pawel Flato Pawel Photo:

Mr Morten Kjaerum, Director, European Union Agency for Fundamental Rights, underlining the importantce of the local level in his statement.

EU agency may establish group to continue discussions

Human rights are also at the core of in autumn 2009, Sweden will act to further cooperation within the European Union, and deepen joint efforts for human rights, both THE NURSE IS ALSO the EU Fundamental Rights Agency, which internally and externally. provides analysis and recommendations on Concerning cooperation between the A HUMAN RIGHTS DEFENDER issues that need to be addressed. Council of Europe and FRA, Sweden is ”Many of the solutions to tackle the The EU Agency for Fundamental Rights, gratified that the cooperation agreement human rights challenges can be found at FRA, established in 2007, is a body of the between the Council of Europe and the the local and regional level. Whether we European Union. It is based in Vienna, European Community was signed in June are addressing the rights of the mentally Austria. FRA carries out its tasks independ- 2008. ill, migrant children, countering discrim- ently. It cooperates with other national and At Rights Work! the Director of FRA was ination in service provision, addressing international bodies and organisations, in an active participant and panel member, at rights related to housing and accommo- particular with the Council of Europe. both the opening and closing sessions. dation all these fall squarely within the The purpose of this independent agency is Talks are now under way with FRA with ambit of the powers of local authority. to serve as an expert body on fundamental the aim of setting up a small group to We have been too slow in recognising rights issues. The Agency is to support the EU continue discussions, and follow up on ideas, this and there is much ground to be institutions and Member States to enable presented at Rights Work! regarding how to made up. We have to recall that the them to take more thorough and extensive move forward the implementation strategies nurse in the hospital for the mentally ill account of the fundamental rights enshrined and methodologies regarding systematic is also a human rights defender.” in the EU Charter, which is a point of human rights work. reference for the mandate of the Agency. The The conference in Stockholm was the very Excerpt from opening address by Morten thematic areas of activity of the FRA are laid first opportunity to take stock of the interest Kjaerum, Director of the European Union down in a Multi-annual Framework. in further exchanges of ideas and experiences Agency for Fundamental Rights, Vienna, Sweden wants to help develop EU tools to regarding implementation strategies and meth- available at www.sweden.gov.se/rights- promote human rights, and will also work odologies. There was a great deal of positive work actively to promote increased transparency in interest, and the need for further consulta- these efforts. During its Presidency of the EU tions was found to be considerable. n

rights work! make them real! • 11 human Rights need to be implemented at all levels of the society For human rights to become reality, they need to be imple- The seminar was organised by the Swedish Association of Local mented at all levels of society. Local and regional authorities have Authorities and Regions in co-operation with the Congress of the an increasingly important role to play in that work. Council of Europe and the Commissioner for Human Rights. Among This was the challenge to be discussed by different stake-hold- other things it was stressed that enabling all people to enjoy equal ers participating in the seminar on human rights on the local/ access to rights must be a priority for national, regional and local regional level held in Stockholm on 6 October 2008. The seminar governments. The need to continue joining forces to implement and provided a platform for discussions between local and regional monitor human rights at all levels, and find viable measures to decision makers as well as representatives of the Council of Europe transform new challenges into opportunities for development, was and national authorities. also underlined. The view of how to work systematically with human rights One of the points in the final declaration reads: implementation accompanied the challenges discussed during the “5. Consider that local and regional authorities must play a more seminar. substantial part in the implementation of human rights within the Mainstreaming human rights into local/regional decision making scope of local self-government as laid down in the European and service delivery, supporting local ombudsmen and creating Charter of Local Self-Government;” awareness-raising were some steps identified as needed to be taken. The final declaration includes a number of concrete recommen- Excerpt from the Joint declaration of the SALAR and the Congress of dations being brought as message to the International Conference the Council of Europe, in co-operation with the Commissioner for Rights Work! 6–7 November organised by the Swedish Chairman- Human Rights of the Council of Europe, available at www.sweden. ship of the Committee of Ministers of the Council of Europe. gov.se/rightswork at external links Photo: Pawel Flato Pawel Photo:

Susan Bolam, Representative of the Chamber of Regions, Congress of Local and Regional Authoritiesof the Council of Europe, in the plenary before giving her keynote speech on systematic work for human rights implementation at the regional and local level.

PEOPLE NEED TO BE LISTENED TO AND INVOLVED “People need to be listened to and involved in all aspects of live, either through citizens forums, housing groups, parents publicly provided services which involve them. The measures groups, health councils and crime prevention groups.” to promote human rights consists of both preventative measures as well as measures to secure those rights. This is a Excerpt from speech by Susan Bolam, Member of the Congress key part of participatory democracy at grass roots level, where of Local and Regional Authorities Council of Europe, available citizens can play an active part in the society in which they at www.sweden.gov.se/rightswork

12 • rights work! make them real! Photo: Pawel Flato Pawel Photo:

Mr Ibrahim Wani, OHCHR, in the plenary panel at the closing session on November 7, 2008. UN capacity-building on the ground affects human rights implementation

Through its many foras, specialised of Europe and the United Nations should Sweden, in particular the Ministry of Integra- programmes and agencies, the United Nations, continue to be actively furthered in several tion and Gender Equality which is responsi- UN, is uniquely placed to monitor interna- areas, particularly with regard to the protec- ble for coordinating human rights work at tional human rights standards, and to react tion of human rights. national level, is prepared to assist and share when human rights are abused. The UN also experiences in this process. n has a central role to play in providing capaci- The High Commissioner for Human Rights ty-building and support. Through its global is the principal human rights official of the nature and widespread presence, the UN can UN. The High Commissioner heads the office, help make a human rights-based approach to the OHCHR, and spearheads the United WE HAVE THE HUMAN RIGHTS development a reality. Nations’ human rights efforts. The OHCHR For States that want to improve their educates and takes action to empower NORMS – IMPLEMENTATION IS records, but lack the necessary means or individuals and assists States in upholding OUR MAIN CHALLENGE capacity, international and regional human human rights among several things. It is a part rights mechanisms can provide important of the United Nations Secretariat and has its As we mark the 60th Anniversary of the guidance and help. Capacity-building support headquarters in Geneva, Switzerland. Universal Declaration of Human Rights does affect the implementation of human The OHCHR published a handbook on (UDHR), the timing is ideal to reflect on rights on the ground. The UN has a unique national human rights plans of action in 2002. where we are globally towards the goal of role to play here. The three fundamental areas The handbook was developed as a guide for making human rights a reality for people of its work and mandate - human rights, peace those considering or working on national all over the world. Since the UDHR, and security, and development - are interre- action plans for the promotion and protection numerous international and regional lated. Without any one of these, none of the of human rights. This UN handbook, which instruments, mechanisms and constitu- other can be fully realized. will be updated, can be found at www.unhchr. tions all over the world have elaborated a A draft resolution on cooperation between ch/pdf/nhrap.pdf vast array of human rights norms. It is the United Nations and the Council of Europe The Office of the High Commissioner for clear that implementation of this normative was approved by the Ministers’ Deputies, and Human Rights and the United Nation’s framework remains the main challenge. transmitted to New York during the Swedish Development Programme, UNDP, have at a Chairmanship. It was co-sponsored by 46 very first stage initiated a discussion concern- Excerpt from opening address by Ibrahim member states of the Council of Europe. The ing the possibility of producing a new or Wani, Director, ai Research and Right to resolution was adopted by consensus by the revised handbook on action plans. Development Division Office of the High General Assembly of the United Nations in A possible set-up of a Steering Committee, Commissioner for Human Rights, available November 2008. comprising representatives from countries at www.sweden.gov.se/rightswork Sweden considers that beyond the adoption that have actually presented a national action of this text, cooperation between the Council plan, is also being explored at this first stage.

rights work! make them real! • 13 Discussion on follow-up started with Indonesia

Sweden has a bilateral dialogue with Indonesia on on the implementation of human rights. human rights since the beginning of 2008. The first A very first discussion concerning a possible official meeting was held in Jakarta. The meeting follow-up in some form to Rights Work! in ­Indonesia focused on how Sweden and Indonesia could in the second half of 2010 at the earliest has also ­cooperate in the UN and ASEAN, as well as through started. Organising a follow-up to Rights Works! is a concrete projects in Indonesia. demanding task and, of course, needs support from The dialogue provides the two countries with a the Government, or the authorities responsible for forum for discussion, and exchange of experience, human rights implementation. “Has helped improve knowledge”

What do you think of the conference, and as the 2nd Vice Chairman. The National what is the most important thing it has Committee consists of 40 members represent- given you? ing all Government institutions and chairmen Drs Dimas Samodra Rum “The conference has been very important of the National Human Rights Commission, Department of Law and Human and fruitful both for my country and for me the National Commission on the Elimination Rights, Republic of Indonesia personally as it has helped me to improve my of Violence against Women, the Indonesian own knowledge about human rights. I have Commission on Child Protection and the Director of Human Rights realized, for example, the importance of National Commission on Ombudsman. The Cooperation. simplifying the language of human rights and National Committee is supported by 440 making it understandable for everyone. Also, Local Committees established at provincial, the discussion on how to implement human district/municipality and city level all over rights at the local level is interesting. One way Indonesia. to work is to give local authorities greater Could you foresee any synergies between freedom in how to implement human rights the systematic work at national level, and in Stockholm it was the first time we had the – within a policy framework of course.” the state reporting of Indonesia to the opportunity to exchange experiences and What method, or combination of methods, international human rights mechanisms? lessons learned on systematic works for is used in Indonesia in the systematic work ”Until now Indonesia has ratified seven human rights. I do hope that a conference of for human rights implementation? basic international instruments, the CRC, this kind will be convened again sometime and One important aspect of human rights CEDAW, CERD, CAT, ICCPR, ICESCR and somewhere in the future.” implementation in Indonesia is the Govern- eight ILO conventions. To improve our What role would you like to see for exam- ment decision in 1998 to establish a National domestic legal system we have enacted a ple the UN play in the future when it Action Plan on Human Rights, NAPHR, as a number of new laws and regulations providing comes to systematic work for human rights policy framework or guidelines and to ensure and ensuring more human rights to the implementation? the enhancement of respect, promotion, people. We have also established a number of ”The improvement of the status of human protection and fulfilment of human rights. government and non-government institutions rights is one of the three main pillars of the The NAPHR is progressively and continuously to promote and protect human rights. ” UN together with development and peace and implemented systematically in a five-year Rights Work! was the first international security. Therefore, I would like to see the program. In order to implement all programs conference of its kind. Has your country increasing of the UN role in the systematic in the NAPHR the Government has estab- had the opportunity to exchange experi- work for human rights implementation around lished a National Committee. It is chaired by ences and lessons learned on systematic the globe.” n the Minister of Law and Human Rights, with work for human rights before? the Minister of Home Affairs as the 1st Vice ”Indonesia has participated in several Text: Lisa Sandegård and ANNA NORLIN, photo: Chairman, and the Minister of Foreign Affairs human rights conferences, but at Rights Work! Lisa Sandegård, Ministry for Foreign Affairs

14 • rights work! make them real! Sweden intends to maintain a high level of ambition

he methods used in the systematic work for human rights implementation are, of course, closely interrelated. They Tcomplement rather than exclude each other. For instance, human rights action plans, a human rights perspective in the budget process, and human rights indicators can all be seen as methods for mainstream- Photo: Lisa Sandegård/MFA Lisa Photo:

ing human rights, or different tools for human rights-based governance. Systematic work for human rights should be a continuous and inclusive process bringing together national, regional and local authori- ties, political decision-makers, national human rights structures and civil society to ensure the implementation of agreed human rights standards.

A flow between levels Human rights implementation at national level should be seen against the background of institutions and systems for reviewing states’ compliance with their human rights obligations at international level. Systematic work for human rights is a process that flows from the international to the national level, and then returns to the international arena to be monitored and evaluated. The State party reports to the UN treaty monitoring bodies, and the recommendations that follow, the Universal Periodic Review and the special procedures of the UN Human Rights Council, the Council of Europe human rights monitoring bodies, including the Commissioner for Human Rights, as well as similar methods used in other regional systems for human rights protection are examples of this. All States have ratified at least one, and 80% of States have ratified four or more, of the core human rights treaties, reflecting consent of States which creates legal obligations for them. Some fundamental Nyamko Sabuni, Minister of Integration and Gender Equality. human rights norms enjoy universal protection by customary interna- tional law across boundaries and civilizations. The Swedish Government has now adopted two national human The Communication and a summary in English are available on the rights action plans. The second National Action Plan for Human Rights Government’s human rights website www.humanrights.gov.se. 2006–2009 was submitted to the Swedish Parliament in March 2006 in the form of a Government Communication. The communication New government supports plan contains an action plan of 135 measures intended to be implemented General elections to the Parliament were held in Sweden in 2006. during the period 2006–2009. The measures are based on a baseline They resulted in a change of government. This new government hosted study of the human rights situation in Sweden in 2005. Rights Work!. The political parties, that now form the coalition s

rights work! make them real! • 15 government, were invited to participate in developing the action plan when in opposition, and the current Government broadly supports the plan for human rights. It regards the plan as one of the bases for the work in this area during its period of office from 2006 to 2010. The Swedish Government’s long-term objective for human rights Photo: Lisa Sandegård/MFA Lisa Photo: work at national level is to ensure full respect for human rights. This means that human rights, as expressed in Sweden’s international obligations, must not be violated. The legal system must comply with the international human rights conventions that Sweden has acceded to, and these must also be complied with at central and local government levels.

Must be an ongoing process An essential step in efforts to achieve the objective of full respect for human rights is to increase knowledge and awareness of these rights. These efforts must be part of an ongoing process. Efforts should include measures at all levels of the public sector. Politicians, lawyers and judges, police officers, teachers, service deliverers and providers, all need to understand human rights. They have a crucial role to play in ensuring that the system of promotion and protection functions effectively. There is still a deficit between the knowledge within the human rights community, and those tasked to promote, protect and implement human rights whether politically, within the criminal justice system or in day to day work that impacts on people’s human rights. The owner- ship to human rights is often not there!

Important to improve coordination Another important method to achieve full respect for human rights Gunilla Carlsson, Minister for International Development Cooperation. involves improving the coordination of work on protecting and safe- guarding human rights. Lessons learned, changing circumstances and input from Rights Measures to ensure that rights are respected and promoted needs to Work! as well as other international contacts may, of course, influence be pursued in many policy areas, and at several levels of society. It is the continuing process of systematic work for human rights at national important that human rights work is characterised by a common level in Sweden. A decision on how to move forward after the expiry of approach and coordination, both as regards the relationship between the second action plan will have to be taken soon. n the different parts and levels of society, and the relationship between national and international work. In connection with the presentation of the second national action plan, the Government therefore established a Delegation for Human Measure 135: The Government intends to start work on the third Rights in Sweden. Its function is to support government agencies, national action plan for human rights at the latest by spring 2010. municipalities and county councils in their endeavours to ensure full respect for human rights in their activities. “Work on the Government’s long-term goal, achieving full respect for human rights, must be a continuous process. Conventions minimum level The development of the international system of rules on Human rights must also be promoted in other ways. Legislation is key human rights as well as changes in society at the national level to ensuring respect for human rights that are guaranteed in interna- mean that new issues and problems arise and new measures need tional conventions and in the constitution. to be taken in order for Sweden’s international human rights Sweden intends to maintain a high level of ambition as regards obligations to be fully respected. national work for rights, and will also endeavour to improve protection The Government’s assessment is that national action plans for in areas relating to human rights where the international system of human rights are an appropriate method to work with these rules is not yet well developed. issues. It should be borne in mind, however, that many of the requirements This method means that the situation for human rights is of the international conventions on human rights are to be regarded as regularly reviewed and a coordinated approach taken to human minimum levels. The fact that Sweden can be considered to comply rights at the national level. with a particular right must not therefore result in work in this Furthermore, the work on every action plan is a process of particular area coming to an end. consultation with broad sectors of the community, which contributes to increased awareness, knowledge, openness and “National action plans appropriate for systematic human discussion about human rights issues. rights work in sweden” For these reasons, the Government intends to start work on a There are of course, as mentioned above, several methods that can be further action plan at the latest by spring 2010, in parallel with used in systematic work for human rights implementation. To date the the evaluation of the present action plan. During the period that Swedish Government has chosen action plans for systematic work at the new action plan is being produced, the Government will national level. Parts of the discussion that led to this decision can be continue the work for human rights based on this action plan.” found below in an excerpt from the latest national action plan for human rights.

16 • rights work! make them real! We believe Not only a piece of paper! that exchanges When a State begins to examine its own instrumental in dealing with other human of experience human rights situation things start to happen! rights challenges. Many issues need to be When the overall situation, or certain solved along the way in working systematically are valuable aspects of it, are examined and discussed, on human rights implementation. systemic problems can be revealed. That International contacts of different kinds Measure 112: The Government intends to might be similar problems in several different have shown that many people in other coun- invite other states which have or are thinking areas, that one group experiences the same tries also faced the same challenges as people in of devising national action plans for human problems in different areas, or that one Sweden, and that their experiences and ideas rights to a conference on such action plans problem spills over into other areas. Looking could assist in Sweden’s systematic work. during 2008. at the whole situation will also reveal the The Government concluded that exchanges challenges that are the most critical and in of experiences concerning challenges and “A relatively limited number of states need of priority measures. methods were essential in the ongoing process have devised national action plans for In Sweden experience has shown that that systematic work for human right consti- human rights. Interest in the plans seems, systematic work for human rights implementa- tutes. however, to be growing. tion is a good starting point for identifying This is how Measure 112, in excerpt here, Since the first action plan was agreed priorities, steps and strategies. developed from being mere words on a piece in January 2002, the Government Offices Finding solutions, or ways to address a of paper into an international conference have received a number of visits from particularly important issue, is sometimes attended by more than 200 participants! representatives of other states intending to devise action plans for human rights. The Government Offices have also taken part in international meetings about such plans, e.g. with representatives from the Office of the United Nations High The ambition was to contribute Commissioner for Human Rights. The Government believes that the to discussion at international level exchanges of experience that take place at these meetings are very valuable. It is The purpose of Rights Work! was to past achievements, and possible future also the Government’s hope that interna- exchange and share experiences concerning developments. The organisers strived to use tional discussions on national action systematic work for human rights at methods that involved all participants, and plans for human rights may encourage national level, as well as to present concrete targeted the real experts in the field. The more states to devise such action plans. examples and methods on how to imple- objective was to promote a democratic An important starting point for the ment human rights. dialogue, and a real exchange of ideas, good international discussion on systematic Sweden’s ambition was to stimulate, and practices, skills and opinions. work for human rights implementation contribute to, a discussion among govern- Each sub-theme was led by a moderator, was the recommendation of the World ments, international organisations and civil and had its own sub theme rapporteur. This Conference for Human Rights in Vienna society on different methods for ensuring was done to assure a coherent and 1993. The Conference recommended each that the reality within countries corre- ­horizontal approach, and to facilitate State to “consider the desirability of sponds with the rights proclaimed in conclusions representative of the entire drawing up a national action plan regional and international standards. Rights Work! conference. identifying steps whereby that State It was the hope of the organisers that the The background paper, distributed to all would improve the promotion and conference would provide a first opportu- participants ahead of the conference, protection of human rights.” nity for sharing experiences in this area, touched upon all the sub-themes, and also The Swedish Government has adopted and be a forum for discussion on future included questions on each theme. two national human rights action plans, co-operation, both within and beyond the The conference focused on the following the first for 2002–2004, and the second Council of Europe. four sub-themes; for 2006–2009. The experience gained In preparing for the conference, the • National human rights action plans from working on these projects has been organisers paid particular attention to and base line studies largely positive, but has also shown that offering a flexible way of working that • Methods for mainstreaming and many concrete issues need to be solved would also involve different sectors of civil following up systematic work for along the way in working systematically society and different practitioners. The human rights implementation on human rights implementation. means to achieve this aim was to focus on • Systematic work for human rights Through various international contacts specific sub-themes. implementation at the local and it has also become clear that many people Each sub-theme was then further regional level in different countries face the same divided into a number of round-table • The role of civil society and national challenges and that their experiences and discussions to enable a focused, concrete, human rights insti­tu­tions in systematic ideas can assist the Swedish systematic and in-depth discussion, both in terms of work for human rights implementation work for human rights implementation. “

rights work! make them real! • 17 International Conference on Systematic Work for Human Rights Implementation, Stockholm 6–7 november 2008

What did you think about the ­conference, what

is the most important thing it has given you? Photo: Lisa Sandegård/MFA Sandegård/MFA Lisa Photo: Photo: Lisa Sandegård/MFA Sandegård/MFA Lisa Photo:

Photo:Lisa Sandegård/MFA Photo: Lisa Sandegård/MFA Sandegård/MFA Lisa Photo:

Sewanyana Livingstone, Volodymyr Khrystych, Clara Jusidman, Incide Maria Badan, Resource Foundation for Human Deputy Director General, Social AC, Mexico Center for Human Rights, Rights Initiative, Kam- Ukrainian Ministry of Moldova pala, Uganda Foreign Affairs “The most important thing “Frankly speaking, I consider “I am very content. Developing “It has been useful to meet and about this conference is its the conference of great strategies for implementing discuss with representatives focus. The implementation at a importance. For my country, human rights is an important from other countries. We have local level. It is the lessons, the which as yet has no action plan issue. How to go from advocat- different experiences. Some issues and the challenges. And for human rights, the contact ing human rights to work countries do not have action also meeting and making with representatives from systematically. I made a lot of plans and I think it is valuable contact with all these people. other countries and the sharing important contacts at the for them to get more informa- Cooperation with others is of experiences and best conference. In Mexico, we have tion about good and bad very important.” practice is very valuable. Our been working strategically with examples of goals, methods and Ministry of Justice is working human rights implementation human rights indicators, for Text: Lisa Sandegård on a policy strategy for since 2003. We just adopted example. I also think it is national human rights right our second action plan a few important that NGOs are now. I consider this to be a months ago.” involved together with the first step and hopefully an authorities when it comes to action plan will be the next Text: ANNA NORLIN the promotion and implementa- step.” tion of human rights.”

Text: ANNA NORLIN Text: ANNA NORLIN

18 • rights work! make them real! Photo: Jan Janonius/MFA Jan Photo:

Photo: Jan Janonius/MFA

SUB THEME 1 National human rights action plans and base line studies

Moderator: Mr Bill BARKER, Director, Human Rights International, Australia Rapporteur: Mr Gauthier DE BECO, Catholic University of Louvain, Belgium

How to ensure that NHRAPs are nothing will happen. Financial allocation with state reports and treaty body recom- implemented? A plan cannot work if there is should be provided to ministries that have to mendations, incorporating monitoring and not a solid framework around it to make it implement the plan. It must be sure that evaluation mechanisms in the plan, coordi- effective. The Sub-Theme pointed out these resources are not cut in the process of nating the implementation of the plan, strategies to be developed to achieve this. implementing of the plan, which can be providing for clear measures with deadlines, ensured by high-level political commitment. etc. 1. Political ownership Finally, it was recommended that good The plan should be supported by the whole 3. Public ownership practices regarding NHRAPs be shared government. There must be high political Civil society should be consulted during the mutually. The Sub-Theme recognised that commitment, including at the local level, to drafting. The plan be then disseminated and there is a need to ensure the exchange of avoid expectation gaps. Parliament should made comprehensible to all kinds of minori- information between states that have approve the plan to ensure broad political ties. For example, it can be (partially) put in developed NHRAPs and other states, as consensus. The NHRAP should not be the Braille and translated for indigenous people. already started at the Rights Work! confer- project of one party, but all, including Additional consultations could also be ence. International organisations can opposition, parties. The plan should also be organised during the implementation of the facilitate this process. promoted within the public administration. plan. This will ensure that interest in plan continues after its adoption. 2. Resource availability Other ways to ensure that a plan will be Excerpt from the report available at Unless resources are allocated for the plan, implemented include: linking up the NHRAP www.sweden.gov.se/rightswork

rights work! make them real! • 19 Photo: Lisa Sandegård/MFA Lisa Photo:

Photo: Jan Janonius/MFA

SUB THEME 2 Methods for mainstreaming and follow up on systematic work for human rights implementation

Moderator: Mr John KELLOCK, European Union Agency for Fundamental Rights (FRA) Rapporteur: Dr Clarence Dias, President, International Center for Law in Development

The discussions, had as a backdrop, • Balancing person-centred mainstreaming 5. Ensure that respect for human dignity concern about two gaps: the gap between of human rights with institution-centred and inclusion are central concepts in all human rights rhetoric and reality, and the mainstreaming. programming processes. gap between human rights policies, laws and • Translating the UDHE and ECHR into 6. Clarify the meaning of mainstreaming programmes and implementation thereof. business language to incorporate the human rights and make sure that main- Country contexts vary considerably business world and the private sector. streaming does not end up just being leading to many different approaches to • Ensuring that indicators focus not only on activities related to training. systematizing human rights work. While quantitative aspects but also on qualitative 7. Recognition of the importance of guarding against a “one size fits all” ap- and process aspects of human rights and are monitoring mechanism in any human rights proach, it is possible to develop specific created with final users/rights-holders action plan. guiding methods. Here the work culminating participation. 8. Recognition of the importance of a in the UN Common Understanding on • Developing ownership and belief in human rights based situational analysis Applying a Human Rights Based Approach mainstreaming human rights. before attempting to systematize work. provides a useful starting point. • Demonstrating the value added of 9. Emphasise human rights perspectives in mainstreaming human rights. research questions/sample-taking. Methodological issues and tools: 10. Emphasise human rights perspectives in • Clarifying what mainstreaming is in both A few recommendations: research questions/sample-taking. its individual and institutional senses and 1. Continuing interaction on human rights 11. Recognition of the importance of how it can be measured. implementation between the different continuous monitoring and periodic revision • Using the language of human rights to Ministries and government authorities at of human rights action plans with substan- focus on the positive (inclusion for example) both national and local levels. tial participation and input from civil rather than continuously underscoring the 2. Continuing interaction on human rights society. violations aspects (discrimination for implementation between government and 12. Improve the linkage between various example). civil society. discourses such as environment, gender, • Using the legal language of human rights 3. Build ownership by partners of the corruption, etc. to emphasize rights and duties rather than concepts and language of human rights. discretion and charity, while at the same 4. Ensure the internalisation of human time making it intelligible to non-lawyers rights values in the culture of the organisa- Excerpt from the report available at and non-human rights specialists. tion that is programming. www.sweden.gov.se/rightswork

20 • rights work! make them real! Photo: Lisa Sandegård/MFA Lisa Photo:

Photo: Miriam Mannbro/MFA

SUB THEME 3 Systematic work for Human Rights implementation at regional and local level

Moderator: Mrs Susan BOLAM, Representative of the Chamber of Regions, Congress of Local and Regional Authorities of the Council of Europe, UK Rapporteur: Mr Livingstone SEWNYANA, Director Foundation for Human Rights Initiative, Uganda

1. For creating a sense of ownership the local level concern competences and coordinating minister, human rights division and responsibility we recommend: resources and it is important to ensure that are useful methods. • De-mystification of the human rights the local authorities have these resources. language. Make it simple, understandable, 5. Identifying human rights problems relevant and user-friendly. More systematic 3. Systematically and efficiently • Establish a local complaints mechanism rights education and awareness is needed in • Local authorities must build into their – maximising avenues of communication this context. plans, and the implementation of these between local authorities and citizens. New • Involving a wide range of stakeholders at plans, issues of human rights technologies, ombudsmen, citizen’s right of the local level, such as schools, local • Systems and tools should be developed to initiative. authorities, NGOs, private sector in enable monitoring and evaluation by all • Thematic baseline studies on priority determining plans and priorities. interested parties at the local level. These issues • Human rights should be embedded, in all systems should be open and transparent. • Geographical and personal proximity to activities at the local level. groups and individuals can always be used 4. Cooperation at all levels of as an advantage because it leads to better 2. National government has the overall government administration understanding of issues and better decision responsibility for human rights, but the • Mutual respect and understanding at all making implementation of human rights is primarily levels of the decision making process. carried out at the local level. Human rights action plans, mutual projects, Excerpt from the report available at www. • The implementation of human rights at local hearings and sector coordination, sweden.gov.se/rightswork

rights work! make them real! • 21 Photo: Lisa Sandegård/MFA Lisa Photo:

Photo: Jan Janonius/MFA

SUB THEME 4 The role of civil society and national human rights institutions in systematic work for human rights implementation

Moderator: Prof. Brian BURDEKIN AO, Visiting Professor, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Sweden Rapporteur: Ms Silvia ESCOBAR, Ambassador for Human Rights. Spain

The overall focus and major recommen- and allocate the necessary resources. • There are other important strategies which dations of the group relate to the interaction have proved successful in giving reality to and cooperation between National Human The sub theme 4 group discussed the international human rights norms, These Rights Institutions (NHRIs) and civil society, different question from different perspec- include, in particular National Inquiries on a including NGOs. tives around five round tables. wide range of human rights problems, There are many strategies to ensure that All groups agreed that: including homelessness, torture, indigenous human rights are actually implemented, • National Human Rights Plans can be an rights and mental illness, including National Human Rights Action important vehicle for ensuring that human • It is very important that there is an Plans, and the creation of independent rights are actually implemented if they are enabling environment, which means that civil NHRIs. Determining which strategies are based on a broad consultative process , if society is able to work without facing more effective will depend on the national they are adequately resourced and properly political, social, legislative, economic or circumstances in each country, including the monitored and evaluated. other barriers. willingness of the Government and the • NHRIs and civil society can, and should, legislature to adopt the necessary legislation, play important roles in all stages of a Excerpt from the report available at www. implement relevant programmatic decisions NHRAP. sweden.gov.se/rightswork

22 • rights work! make them real! Necessary consider what the value added really is

he background paper (see excerpt atic work for human rights implementation is produced on the national level, this report below) was intended as information for discussed in more general terms. can be used for drafting or updating a Tall participants at Rights Work!. The • At the heart lies the moral and legal common core document to the UN treaty paper was distributed to participants before obligation to respect, protect and fulfil bodies. the conference. human rights. It is first and foremost a • Looking at the whole situation at the same It aimed to contribute to a discussion on question of trying to find the most effective time will also reveal which challenges are how the gap between human rights standards methods for avoiding errors that are harmful most critical and need to be given priority. and experienced reality can be closed through to individuals, groups and society at large. As Thus, systematic work for human rights systematic work for human rights. The paper one single human rights error can have serious implementation is a good starting point for touched on all the conference themes to be consequences, it is necessary to be systematic identifying priorities, steps and strategies. considered by the different sub-themes, and in trying to prevent them. Finding solutions or ways to address a also included questions on each of these • Another central value is that, since human particularly important human rights issue is themes. rights are indivisible, interdependent and sometimes instrumental in dealing with other The paper underlines that often too little interrelated, they should be considered, human rights challenges. attention has been paid to the practical, protected and promoted in a comprehensive • Another important point is that a system- everyday challenges and problems that public way. This means that limiting work for human atic and comprehensive approach to human administration encounters when dealing with rights implementation to one human rights rights implementation provides opportunities human rights. These may include lack of issue at a time cannot be the most construc- for participatory processes, where actors knowledge and awareness of human rights tive method. When the whole human rights promoting different rights and interests can among civil servants, problems in coordinating situation, or large parts of it, is reviewed and take part together in a wider discussion on different actors and levels of society when discussed together, systemic problems can be human rights, problems and priorities. As working to uphold human rights, as well as the revealed, for example that similar problems systematic work for human rights implementa- absence of a human rights perspective in exist in several areas, that one and the same tion entails a comprehensive approach to standard public administration procedures group experiences problems in different human rights, it can also contribute to such as budgeting and planning. These factors, areas, or that one problem spills over into increased transparency and an open discus- alone or in combination, may lead to human other areas. sion concerning whether some challenges rights violations or problems. • Methods for working systematically with should be addressed before others, why The paper presented various methods for human rights implementation can facilitate certain areas or activities are given more working systematically to implement human the reporting process both when State party priority, etc. n rights, and discussed the value added of these reports are to be submitted to human rights methods. A summary of that discussion monitoring bodies and when the observations follows below. The background paper in its and recommendations of such bodies are to entirety is available at www.sweden.gov.se/ be dealt with. Moreover, the international rightswork. reporting process can be used as basis for FURTHER READING working systematically for human rights on The value added of systematic work the national plane. For instance, the common sweden.gov.se/rightswork for human rights implementation core document that is to be submitted to UN manskligarattigheter.gov.se Projects for working systematically with human rights treaty bodies under the revised mrdelegationen.se human rights implementation often require reporting process is to contain information of coe.int extensive resources and time. Elaborating and a general and factual nature relating to the fra.europa.eu using human rights indicators is a complicated implementation of the treaties to which the un.org task, and drafting and implementing a human reporting state is party. Thus, once such a ohchr.org and unhchr.ch/pdf/nhrap.pdf rights action plan is a project of considerable report has been compiled or updated, it can undp.org dimensions. fairly easily be combined with a national It is therefore necessary to consider and action-plan or similar strategic documents to formulate what the value added of such work deal with the challenges identified. Or, when is. Here, the value and importance of system- a human rights baseline study has been

rights work! make them real! • 23 RIGHTS WORK! MAKE THEM REAL!

“Unless these rights have meaning there, they have little meaning anywhere”

“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in, the school or college he attends, the factory, farm or office where he works. Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.”

Eleanor Roosevelt, who chaired the drafting of the Universal Declaration, cited by Gunilla Carlsson, Minister for International Development Cooperation, at Rights Work! in Stockholm November 2008

A jubilee booklet on the 60th Anniversary of the United Nations Universal Declaration of Human Rights has been published by the Swedish Ministry of Integration and Gender Equality and the Ministry for Foreign Affairs. An English version is available at www.manskligarattigheter.gov.se

Read about Rights Work! at: www.sweden.gov.se/rightswork

Ministry of Integration and Gender Equality Sweden