Justice and respect for all

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Justice and respect for all

Contents Summary

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1. Why human rights? 1.1 Human rights as the cornerstone of foreign policy 1.2 The origins of human rights

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2. Human rights in 2013: innovative approach 2.1 Trilateral cooperation 2.2 Internet-based innovation 2.3 Integrated: many partners, indivisible rights 2.4 Credibility 2.5 Europe: standing up for human rights

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3. Priorities for the Netherlands 3.1 Human rights defenders 3.1.1 Action plan 3.1.2 Shelter City 3.1.3 Human rights award 3.2 Equal rights for lesbians, gays, bisexuals and transgender people (LGBT) 3.2.1 Dutch LGBT policies 3.2.2 Use of multilateral forums and bilateral instruments 3.3 Equal rights for women 3.3.1 Political participation of women and Security Council Resolution 1325 3.3.2 Combating violence against women 3.3.3 Sexual and reproductive health and rights (SRHR) 3.4 Most flagrant violations 3.5 Freedom of expression and internet freedom 3.6 Freedom of religion and belief 3.7 Human rights and development 3.8 Business and human rights

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4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7

Forums and instruments European Union United Nations International tribunals Council of Europe and the European Court of Human Rights Organisation for Security and Cooperation in Europe (OSCE) Other regional organisations Bilateral efforts 4.7.1 Human Rights Fund 4.7.2 Human Rights Ambassador 4.7.3 Embassies

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Summary ‘Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.’ Martin Luther King, Nobel Laureate and champion of the American civil rights movement

Human rights are the cornerstone of human dignity, freedom and development, and form the basis for open and free societies all over the world. There can be no democracy or rule of law if these rights are not promoted and protected. The Netherlands has a rich tradition of defending human rights, both at home and abroad. Doing so is a moral and legal obligation, besides which respect for human rights leads to a more stable and prosperous world, which also benefits the Netherlands. Universal values − on which all our efforts are based − are the point of departure for a proactive human rights policy. These values remain the same, but the context has changed. The rise of new, self-assured actors on the world stage, combined with the ever greater role played by the European Union, make it imperative for the Netherlands to find the best way of shaping its human rights policy in the international arena. Credibility is another important precondition for operating effectively in an international context. This means maintaining an attitude of openness to recommendations and criticism from outside. It also means shaping a European Union in which we are able to call each other to account where improvements are needed. Within overall policy, the emphasis lies on protecting human rights defenders, equal rights for lesbians, gays, bisexuals and transgender people (LGBT), and equal rights for women. Other areas in which the Netherlands maintains a strong profile – such as internet freedom and freedom of religion and belief − remain of undiminished importance. We now intend to establish more strategic alliances with new partners, in order to support progressive forces together. We will do so in innovative ways. The Netherlands will consistently aim to forge partnerships with emerging non-Western countries in the region at issue, so as jointly to broach the issue of the human rights situation in a third country. This trilateral approach achieves better results, besides which it enables our

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partners to adopt a prominent human rights profile in the region and the world at large. In this context, the Netherlands will make maximum use of innovative solutions – social media, apps, and other internet-based opportunities – to denounce human rights violations. It is only by cooperating with partners that we can achieve concrete results. By speaking with one voice, the EU can present its message far more forcefully. In bringing specific human rights issues to public attention, it is crucial to be able to rely on UN instruments that are working smoothly. We also make strategic use of our embassies, the Human Rights Fund and the Human Rights Ambassador.

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Chapter 1 Why human rights?

Photo: AP Images

1.1

Human rights as the cornerstone of foreign policy

‘C’est notre regard qui enferme souvent les autres dans leurs plus étroites appartenances, et c’est notre regard aussi qui peut les libérer.’ Amin Maalouf, Lebanese journalist and author

We see who we want to see − Amin Maalouf expressed it perfectly. Each of us is capable of allowing people to enjoy their freedom by treating them with respect. We respect the free choices that people make for themselves about who they want to be, what they believe, and how they wish to position themselves in society. The government believes firmly in this principle, on which its human rights policy is based. AIV Advisory Report on universality: http://bit.ly/AIVeng

The Netherlands 1 has a long tradition of upholding human rights and does not apply double standards either judging other countries or our own behaviour. This is essential: otherwise the universality of human rights, the fact that they are inalienable and belong to all, would be in jeopardy.

From online consultation Debategraph: ‘Let us allow ourselves the rights that we promote with such enthusiasm elsewhere.’ (Roosevelt Academy)

Why is the Netherlands such a pleasant country to live in? Because if you live here, you know that you can’t suddenly find yourself ejected from your home, or thrown into prison, for something you have said, for your opinions, or because of whom you love. Our commitment is strong, because we know what a great good it is to live in a country in which human rights are respected. If we want to determine for ourselves, in all freedom, how to arrange our own lives, we must also stand up for the human rights of those who are not free. Human rights are the cornerstone of our foreign policy and of human dignity and freedom. They constitute the basis for open and free societies all over the world. Human rights are a ‘hot issue’ in our country. That is reflected, for instance, in this country’s large branch of Amnesty International, and in the numerous Dutch people who are active in the cause of human rights. It was

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Foreign relations are a matter for the Kingdom of the Netherlands: the Netherlands in Europe, Aruba, Curaçao and St Maarten, as well as the Dutch public bodies in the Caribbean region (Bonaire, St Eustasius and Saba). Where this human rights policy document uses terms such as ‘the Netherlands’ or ‘Dutch’ it is referring to the Kingdom of the Netherlands, except in matters that specifically concern the country of the Netherlands, such as EU, NATO and OSCE membership, and development cooperation.

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also confirmed by the participation in the human rights consultation that took place in the preparation of this letter. And it is visible in the Dutch public’s interest in the themes that the government seeks to promote abroad: human rights defenders, equal rights for lesbians, gays, bisexuals and transgender people (LGBT), and equal rights for women. Within the Netherlands, there is widespread support for the government’s efforts. Not only because it is a moral and legal obligation, but also because observing human rights promotes a more stable and prosperous world, which is in the Netherlands’ best interests. There is a great need for efforts to promote respect for human rights. Certain positive developments can be noted, such as the recognition of same-sex marriage in Uruguay, France and New Zealand in 2013. But in many parts of the world, there is no reason for optimism. Human rights defenders are still often subject to unacceptable restrictions in trying to go about their work. Sexual violence against women remains widespread. Countries that applied the death penalty did so more frequently in 2012 than in the years before. In at least five countries, homosexuality still carries the death penalty. Our values do not change, but the world around us is changing at a dizzying pace. Take events in the Arab world, for instance. Certain Arab countries now have democratic systems for the first time, and have governments that were freely elected by their people. Yet the result is sometimes the opposite of what we might have expected: a democratically-elected party may deprive women and minorities of their rights. How to respond to such developments is one of the crucial questions we need to consider. Changing power structures within the world demands a creative approach. ‘Let this, however, be clear: there is no place in a democracy for any community to impose its will at the expense of the fundamental rights of any other citizen.’ Nelson Mandela

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Without the promotion and protection of human rights, there can be no democracy or rule of law. These three concepts are interwoven. The fact that they are under pressure in a number of countries means that our efforts should focus on a comprehensive drive towards human rights, democracy and the rule of law.

Illustration: Strang

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1.2

The origins of human rights

‘. . . and whereas God did not create the people slaves to their prince, to obey his commands, whether godly or ungodly, right or wrong, but rather the prince for the sake of the subjects, without which he could be no prince . . . ‘ Act of Abjuration, 26 July 1581 (in a nutshell: the ruler derives his legitimacy from the will of the people)

The principles underlying the concept of human rights were articulated as far back as in Greek philosophy. The Constitution of Medina (622 CE) contained provisions designed to ensure the peaceful coexistence of Jewish, Islamic and other communities. In Europe, documents such as the Magna Carta (1215), and in the Low Countries the Union of Utrecht (1579) and the Act of Abjuration (1581), established certain freedoms. But these did not yet apply to everyone. They enshrined the rights of the nobility vis-à-vis the ruler, or the privileges enjoyed by cities. It was not until the era of the Enlightenment that the principle that each human being naturally possesses certain inalienable fundamental rights started slowly to take root. The American and French human rights texts (dating from 1776 and 1789) were copied in numerous constitutions and Acts of Parliament, in countries including the Netherlands. But the persistence of slavery and colonialism showed that there was as yet no universal respect for human rights. The ‘classic’ fundamental rights initially proclaimed the freedom of the individual in relation to the state. The rise of the welfare state led to the expansion of the concept of human rights. It became more and more widely accepted that the government has a fundamental obligation to guarantee conditions such as a minimum subsistence level, health care, education, jobs and decent terms of employment. The horrors of the Second World War and the Holocaust created a strong incentive to press on with the development of human rights. ‘Never again’ was a sentiment that united the world. The establishment of the United Nations (1945) and the adoption of the Universal Declaration of Human Rights (1948) laid the foundations for a world in which human rights enjoy universal acceptance.

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Universal Declaration of Human Rights; for a detailed explanation, see Morsink’s book: http://bit.ly/Morsink

Charles Malik is quoted in the book A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights, by Mary Ann Glendon.

The Universal Declaration celebrates its 65th anniversary in 2013, and remains an inspiring document. The Declaration is based on the fundamental principle that every individual must be able to count on the state’s respect for his or her individual rights. The Declaration was drafted by people from all parts of the world. Its text therefore reflects various legal systems, thus constituting a shared basis. History provided the right ‘window of opportunity’ to achieve this. As the Lebanese delegate Charles Malik said, at the presentation of the Declaration: ‘Thousands of minds and hands have helped in its formation.’ The social activist and writer Hansa Mehta of India, one of only two women (the other being Eleanor Roosevelt) involved in drafting the text, ensured that the words ‘all men’ in Article 1 were changed into ‘all human beings’. Climbing out of the deep moral abyss of the Second World War called for resolute ambition. This is reflected in the Universal Declaration, the text of which is just as topical in 2013 as it was when it was written. The internet is new, but Article 19 (on freedom of expression) nonetheless states in precise terms why the internet must be free and open. And although there was no same-sex marriage in the Netherlands at that time, the articles dealing with non-discrimination and equality before the law express precisely why same-sex marriage is a good thing. The Declaration also referred explicitly to legal and favourable terms of employment. The Council of Europe and the European Union originated in the same period as the Universal Declaration. These organisations developed norms, including the European Convention on Human Rights (1949) and the case law based on it, which enshrined human rights in Europe. The demise of the dictatorships that endured in countries such as Spain, Portugal and Greece until the 1970s was hastened by the cohesive effect of these organisations and their instruments. The fall of the Berlin Wall and the steady expansion of the Council of Europe and the European Union further expanded the single European area of law and justice. In the postcolonial era, the concept of human rights has been successfully elaborated in a wide range of human rights conventions. Today, over 80% of all countries have ratified at least five human rights conventions.

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Chapter 2 Human rights in 2013: innovative approach

Photo: ANP/AFP

‘. . . in a world of great mutual dependency and complex structures, it is impossible to divorce efforts to promote national interests from wider objectives, such as efforts to maintain peace and security and to promote an international legal order, the protection of human rights, efforts to defuse dangerous sources of tension, and the fight against social and economic injustice.’ Max van der Stoel, former Minister of Foreign Affairs

Over the past 50 years, the Netherlands has consistently thrown its weight behind the promotion and protection of human rights. We continue to do so, but the world is changing. A great deal has been achieved by promoting human rights along ‘traditional’ lines. It has become tolerable for countries to call each other to account regarding compliance with the rules. It is now accepted that the international community will concern itself with the human rights situation in a country. The principle of Responsibility to Protect (RtoP) has been endorsed by heads of state and government leaders in the United Nations (2005): if states cannot protect their population, or fail to do so, the international community has a responsibility to act. But traditional dialogue does not always work. Countries will not always respond when called to account, even if they have previously signed up to international obligations. They may adopt a more assertive stance, emphasising that ‘national conditions’ and the country’s level of socioeconomic development must be taken into account. The Netherlands rejects cultural relativism. We call countries to account on the basis of obligations by which states have agreed to be bound, not on the basis of any feeling of moral superiority. The Human Rights Ambassador also plays an active role in dialogues with other countries.

2.1 Trilateral cooperation ‘I will let my heart drive my commitment to human rights. But I’ll need my head to steer the heart through the very difficult global terrain on which we are travelling.’ John Ruggie, the UN Secretary-General’s former Special Representative on Business and Human Rights

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We need to find innovative ways of advancing respect for human rights. Besides calling countries to account for human rights violations, we will enter into trilateral partnerships, in which we will cooperate more frequently with non-Western partners. Together with others we will actively seek out common ground, without in any way lessening our allegiance to universal values. In each situation, we will consider which would be the best partnership. We do so for several reasons: because we cannot possibly take action everywhere ourselves, to enable regional actors to adopt a real pioneering role in respect of human rights, and to achieve the best result in the end. The ultimate goal is to improve human rights worldwide through a concerted effort. Operating with suitable regional partners enables us to work more effectively, besides which it greatly increases the likelihood of the message being accepted in the country concerned. With its long human rights tradition, the Netherlands has built up expertise and experience in promoting human rights throughout the world. If a difficult message is communicated together with a partner from the region, one with first-hand knowledge of − and experience with − the same problem as the country in question, the chance of success is much greater. The Freedom Online Coalition (FOC) set up by the Netherlands and the United States is an example of a successful alliance based on a diverse group of progressive countries. The second Freedom Online Conference took place in Kenya, acting as leader of other countries in Africa. But the Netherlands also has excellent working relationships in this area with Costa Rica, Mongolia and Tunisia. In June 2013, Tunisia will be hosting the third Freedom Online Conference, and the coalition is steadily expanding. In the near future, the Netherlands will be actively seeking out partnerships of this kind, in order to address country-specific and thematic human rights issues more effectively. Examples include efforts to collaborate with Rwanda and Brazil on Responsibility to Protect (RtoP), with South Africa and Brazil in relation to LGBT rights, with Canada and Senegal on freedom of religion, and with France, Turkey, Brazil and South Africa on women’s rights.

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2.2 Internet-based innovation ‘The Internet is becoming the town square for the global village of tomorrow.’ Bill Gates, co-founder of Microsoft The growing access to the internet and mobile telephones makes it possible for people to publicise human rights violations immediately. Repressive regimes will never be able to filter out all references to abuses. Recent images of violations, posted online in real time, are often more persuasive than voluminous reports.

StoryMaker-app: http://bit.ly/Storyapp

The internet should be used more intensively to advance respect for human rights. In this respect, we will focus on the development of innovative applications geared towards transparency, openness, and expanding the scope for human rights defenders to bring violations to the world’s attention. The Netherlands is therefore financing the development of the new app StoryMaker. The app is a mobile training guide to safe and responsible reporting. It teaches users not just to make isolated photographs of an event, but also to tell the story that goes with them. The StoryMaker app was jointly developed by Free Press Unlimited, The Guardian Project and Small World News, and is now available in English and Arabic. But everyone is being encouraged to help translate, to maximise the number of people worldwide who can use StoryMaker. This will enable people who would otherwise be unable to speak to the outside world to make their voices heard. In addition, the human rights award will focus on promoting innovation over the next few years. New ideas to advance or implement human rights will be supported. Winning projects will be given the opportunity to develop their ideas.

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Illustration: Strang

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2.3

Integrated: many partners, indivisible rights

‘Do not be mistaken, the right to food is a matter of life and death to many in the world.’ Navanethem Pillay, UN High Commissioner for Human Rights

Ricky Martin and UN SecretaryGeneral Ban Ki-moon join forces in promoting LGBT rights: http://bit.ly/UNLGBT See also Doing Business: http://bit.ly/DBIndex

Cooperation with governments is not the only important tool in seeking to strengthen respect for human rights. Human rights diplomacy also involves creating networks, for instance to make sound supply chain agreements for sustainable management. Bringing together all relevant actors, including unions, companies, knowledge institutions, NGOs and media personalities, leads to a better result. There is close cooperation with civil society. One good example is the initiative to make the supply chain for pineapples in Costa Rica, where a large proportion of the pineapples sold in the Netherlands are grown, more sustainable. As noted in the memorandum on trade and development cooperation ‘A World to Gain’, economic diplomacy and raising human rights issues do not have to be separate paths. It is more attractive for companies to invest in a state in which the rule of law is working well. Economic, social and cultural rights also deserve to receive ample attention in an integrated approach. For too long, civil and political (CP) rights were contrasted with economic, social and cultural (ESC) rights, sometimes in polarised East-West or North-South debates. This artificial binary opposition is of little usefulness in promoting human rights. It is a fact that ESC rights often received less attention than CP rights in our part of the world. Criticism of this primacy is largely justifiable. Furthermore, these two categories of rights often serve to reinforce one another. Women’s rights, for instance, include elements of both: the right to own property, inheritance rights, the right to education. A recent World Bank report shows that there are over 100 countries in which differences persist between the legal positions of men and women, curtailing women’s economic opportunities. The Netherlands’ efforts in this area are therefore greatly needed. In recent years, the Millennium Development Goals (MDGs) have created a framework for promoting respect for ESC rights worldwide. The Netherlands advocates uniting the Millennium Development Goals Review and the formulation of the Sustainable Development Goals (Rio+20) within a single overarching framework. In this post-2015 agenda, too, the Netherlands aims

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to link these goals clearly to human rights. In countries in which trade unions, NGOs and consumer organisations can express their views clearly, it is possible to draw more attention to human rights in general. It is essential to adopt an integrated approach to human rights. The Netherlands will therefore continue to focus on both CP and ESC rights, to advance the cause of indivisible and universal human rights.

2.4 Credibility ‘The true measure of the justice of a system is the amount of protection it guarantees to the weakest.’ Aung San Suu Kyi, Nobel Peace Laureate and winner of the Sakharov Prize

From online consultation Debategraph: ‘The Netherlands should lead the way in the area of LGBT rights. It is not yet doing so. I believe it would be a good idea to adopt the Yogyakarta Principles that were drawn up in Indonesia in 2006.’

To speak with credibility about human rights in the international arena, we must be alive to the human rights situation in our own country and region. We must assess the merits of recommendations or criticism of the Netherlands from international organisations and supervisory bodies, and where necessary we must be prepared to make changes. Human rights are well enshrined in the Netherlands and are in general widely observed. The principle of respect and justice for all is widely endorsed, but constant vigilance and effort are essential. The government is working on a ‘State of Human Rights’ report and an associated national plan of action. This document, describing the state of human rights in the Netherlands and linking it to specific action points, is a direct example of active compliance with international norms, and will be presented to the House of Representatives by the Minister of the Interior and Kingdom Relations. The Netherlands adopts an open and constructive position in its dialogues on human rights with other countries and in its contacts with international supervisory mechanisms set up by organisations such as the Council of Europe and the United Nations. The government intends to ratify the UN Convention on the Rights of Persons with Disabilities, will quickly investigate the possible consequences of ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and is considering its position on accession to a number of optional protocols to other instruments. For human rights conventions to which the Netherlands is already party, the government ensures that timely and adequate reports are made to the UN treaty bodies and that action is taken in response to recommendations. The

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For an explanation of the UPR country reviews, see: http://bit.ly/UNreview

For the website of the Institute for Human Rights, see: http://bit.ly/NIHRights

Netherlands works actively to achieve the success of the Universal Periodic Review (UPR) of the UN Human Rights Council. It is not only the Netherlands’ own UPR procedure that matters; actively contributing to the reviews of other countries is also important. A specific consequence of the formulation of international norms was the establishment in October 2012 of the Netherlands Institute for Human Rights. The institute is independent, and was set up in accordance with the relevant UN standards. The government seeks to build up a relationship of open, active and constructive cooperation with the institute, and will encourage exchanges of knowledge and best practices with other human rights institutes. The institute can also help build capacity at other human rights institutes. The Netherlands will study ways in which the government’s human rights policy can dovetail with such activities, while recognising everyone’s own role and responsibility. Human rights are not only a foreign policy issue. They are also relevant to trade relations, and to economic and international energy policies. The promotion and protection of human rights in other countries is therefore explicitly the concern of the entire government. What is more, international and domestic concerns are interwoven. The government therefore has a strong interministerial human rights consultative body, in which the government’s domestic and international human rights objectives are discussed with representatives from all parts of the Kingdom.

2.5

Europe: standing up for human rights

The European Union grew out a cooperative coal and steel alliance, but at its core it is a community of shared values. It is crucial that the EU propagate its fundamental values: these values are part of the European identity. Operating as the European Union is the basic principle, since the EU as a whole can speak with a more powerful voice than the Netherlands alone. The EU has wide-ranging relations with third countries, it possesses a variety of instruments (trade, development cooperation, and the Common Foreign and Security Policy (CFSP), including foreign missions) and it provides assistance to countries outside the EU. In consequence, the EU is perfectly equipped to pursue an integrated external policy and an effective political dialogue with its partners around the world. The government encourages the High Representative of the European Union to take action where necessary. After all, human rights are ‘the silver

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thread running through’ the EU’s external policy. The EU’s Special Representative for Human Rights can reinforce these efforts, for instance by intensifying contacts with third countries. We need to reflect on the effectiveness of the way EU human rights dialogues are structured, for instance. We must prevent them becoming monologues, in which procedural aspects take precedence over substantive issues. The Netherlands wishes to give civil society a clearer voice in these dialogues. Unfortunately, the rule of law does not always function sufficiently well, even within EU member states. To strengthen the rule of law within Europe, the government seeks to promote transparent governance, independent judiciaries, respect for human rights, antidiscrimination policy and legislation to curb corruption and conflicts of interest. One step in the right direction is the EU’s accession to the European Convention on Human Rights (ECHR), which will subject EU legislation to external supervision. The Netherlands is working actively to prepare this accession. The Council of Europe has been involved in developing the rule of law for many years, in addition to its work in promoting human rights and democracy. All EU member states are members of the Council of Europe and are therefore under an obligation to comply with the norms agreed there. The Netherlands systematically calls countries to account for failure to fulfil obligations by which they have agreed to be bound. Over the next few years, the Netherlands will be cooperating with Germany, Finland and Denmark to devise an instrument that will make it possible to monitor the internal rule of law in EU member states. Countries wanting to join the EU must comply with strict accession criteria in the realm of the rule of law and human rights (the Copenhagen criteria). The Netherlands attaches great value to these criteria. At the moment, there are still too few resources to call member states to account after their accession to the EU. Ideally, there should be a mechanism within the EU enabling member states to remind each other of their obligations on the basis of equality. There is already a system of this kind in the framework of the United Nations, but the EU also has a responsibility to tackle problems in its own house on a political level. The government is therefore helping to devise an instrument to promote the rule of law within the EU, alongside the existing infringement proceedings before the European Court of Justice. • The Netherlands is actively working towards trilateral cooperation to promote human rights. • The government is actively seeking innovative ways of using the interactive capabilities, range and speed of the internet to promote human rights. The set-up of the Human Rights Award is one example of this.

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UN Convention on the Rights of Persons with Disabilities: see http://bit.ly/DisConv

• The government is drawing up a ‘State of Human Rights’ report and a related plan of action. • The government shall ratify the UN Convention on the Rights of Persons with Disabilities and is determining its position on accession to the Optional Protocol to this convention. • The Netherlands will quickly investigate the possible consequences of ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and is currently determining its position on the Third Optional Protocol to the UN Convention on the Rights of the Child. • The Netherlands is strengthening interministerial cooperation in relation to human rights. • Within the EU, the Netherlands is working towards a mechanism for monitoring the internal rule of law among member states, and advocates the use of the Council of Europe’s instruments in this context.

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Chapter 3

Photo: Hollandse Hoogte

Priorities for the Netherlands

‘The era of declaration is now giving way, as it should, to an era of implementation.’ Kofi Annan, former UN Secretary-General

Over the next few years, the Netherlands will be focusing on human rights defenders, equal rights for LGBT people, and women’s rights. Why these three areas? These are priorities that are strongly felt in our country. They are also subjects in which the human rights ‘coverage’ still provides insufficient protection for these different groups. They constitute a ‘new frontier’ where the Netherlands can make a difference. Focusing on these rights is also in line with the division of labour that the Netherlands strives to achieve in the international arena. In addition, there are a number of fundamental human rights areas in which the Netherlands has a long tradition and has built up outstanding, specific expertise: • We always speak out against the most serious forms of human rights violations. The Netherlands wishes to make full use of the wide-ranging set of instruments that the EU has at its disposal for this purpose. • The freedom to express and believe what you want is directly linked to human dignity and forms the basis for our unremitting efforts to protect freedom of expression, including internet freedom, and freedom of religion and belief. • Non-state actors, such as companies, play an ever greater role. Corporate social responsibility, combating child labour, and respect for labour standards are therefore enshrined in the Dutch human rights agenda. • The approach to human rights is also essential in the debate on the follow-up to the Millennium Development Goals. In this context, the Netherlands focuses specifically on the right to water and sanitation, the right to food, sexual and reproductive health and rights, and security and the rule of law.

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3.1

Human rights defenders

‘It is not easy being a human rights defender; in too many countries it is dangerous, plain dangerous.’ Margaret Sekaggya, UN Special Rapporteur on Human Rights Defenders Human rights defenders are individuals, groups and civil society institutions that are engaged in promoting and protecting universally recognised human rights and fundamental freedoms, from civil and political rights to economic, social and cultural rights. Activists who commit or propagate acts of violence do not fall within the definition of human rights defenders. Human rights defenders collect and disseminate information about abuses, for instance, or provide legal assistance to victims of abuses. They expose abuses perpetrated by authorities or seek to prevent such acts being committed with impunity. Human rights defenders may be journalists, bloggers, lawyers, writers or artists; often, however, they are ordinary members of the public who do this work within their own community. In many parts of the world, human rights defenders are oppressed and their activities restricted. In addition, more and more countries are restricting the activities of NGOs. One concrete example is the introduction of legislation regulating NGOs’ fundraising activities. NGOs are compelled to register, and their access to funds from abroad is restricted. This curbs their right to freedom of association and their efforts to protect human rights.

For Margaret Sekaggya’s report, see the website http://bit.ly/HRreport

‘The purpose of freedom is to create it for others.’ Nelson Mandela

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As UN Special Rapporteur on Human Rights Defenders Sekaggya has observed, championing human rights is a dangerous business in many countries. In her report to the UN in 2012, she described the ways in which the rights of human rights defenders are restricted at different levels. Antiterrorism and national security legislation often imposes restrictions and is sometimes used to prosecute human rights defenders. Legislation enacted to protect public morals specifically affects human rights defenders who are involved in LGBT issues, sexual and reproductive rights and women’s rights. Human rights defenders also frequently meet with intimidation and opposition from the government and other parties. ‘Change agents’ who can help societies going through transitional processes deserve our abiding support. After all, it is only when pressure is applied from inside a society that we see real change there. The Netherlands supports human rights defenders as key driving forces behind change and progress in their countries.

3.1.1 Action plan

EU Guidelines: http://bit.ly/EUhrd

Letter to Parliament (in Dutch) with Action Plan for Human Rights Defenders: http://bit.ly/Briefmrv

Community of Democracies http://bit.ly/ComDem

The Netherlands’ support for human rights defenders is based on the EU Guidelines (2008) and the Netherlands Action Plan for Human Rights Defenders (2012). Capacity building, innovation and safety are key concerns here. Thus, the Netherlands seeks to make human rights defenders more visible. Greater visibility gives more protection. Strong, concerted EU action is crucial, with EU delegations and embassies coordinating their activities in the country concerned. The Netherlands seeks to introduce special contact points for human rights defenders within EU delegations and an annual meeting, at country level, with representatives of the EU and member states and human rights defenders. The Netherlands draws attention to the position of human rights defenders in bilateral contacts, in the Human Rights Council and in political dialogues within various multilateral and regional forums. We also call attention to the position of civil society organisations, for instance through the Community of Democracies. The Netherlands promotes capacity building for human rights defenders and their organisations, for instance by drawing on the Human Rights Fund and through embassies. Around 10 December, International Human Rights Day, activities are organised to draw attention to the important role played by human rights defenders.

3.1.2 Shelter City

Shelter City programme: http://bit.ly/SCDHaag

Van Ojik motion (in Dutch) to expand the Shelter City programme http://bit.ly/VanOjik

The temporary reception of human rights defenders in the Netherlands, to offer them an opportunity to rest and recover their strength, is one way of providing concrete support. In September 2012, the Shelter City programme was launched in The Hague. Four human rights defenders who are under pressure in their own country can spend three months of respite here. They apply for a visa under the existing Schengen regulations. The Ministry of Foreign Affairs funds part of the programme and sits on the advisory committee that recommends which human rights defenders can come to the Netherlands for a short stay. The goal is to make agreements with NGOs and a number of other cities to set up similar Shelter City programmes, to make it possible for ten human rights defenders to receive this support in the Netherlands each year. The government will also promote this policy within the EU, and try to interest other European cities in the Shelter City initiative.

3.1.3 Human rights award The annual human rights award is changing in character, and will focus on highlighting and promoting creative and innovative ideas on human rights. The Netherlands seeks to support organisations and individuals who aim to promote human rights in creative and innovative ways. Participants around

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From online consultations Debategraph: ‘More local publicity for the presentation of the Human Rights Award.’ (NGO PBI)

the world can nominate candidates for the award online, so that both the Dutch and international public has a role in identifying and nominating the most innovative human rights projects. An independent jury selects a number of innovative ideas from the public nominations, after which the Ministry will select the winner from the candidates chosen by the jury. The winners will then be invited to further elaborate their ideas. • On the basis of the Action Plan for Human Rights Defenders, the Netherlands is actively supporting the work of human rights defenders with an emphasis on capacity building, innovation and safety. • The Netherlands is organising a high-level international meeting with and about human rights defenders, so that they can make their voices heard more effectively in international forums and in their own countries. • The Netherlands aspires to support ten human rights defenders each year by expanding the Shelter City programme to include other cities. • The Netherlands presents an annual human rights award, chosen with the aid of an online consultation process, to an innovative human rights initiative.

3.2

Equal rights for lesbians, gays, bisexuals and transgender people (LGBT)

‘To those who are gay, lesbian, bisexual or transgender, let me say, you are not alone. Your struggle for an end to violence and discrimination is a shared struggle. Any attack on you, is an attack on the universal values the United Nations and I have sworn to defend and uphold.’ Ban Ki-moon, UN Secretary-General

3.2.1 Dutch LGBT policies The Netherlands was the first country in the world to introduce same-sex marriage (2001). Although we have not yet entirely achieved equal rights for LGBT people in the Netherlands, there is a high level of awareness in this country that this is an important objective to pursue. All people should be free to express their identity and to say in public who they love. In many parts of the world, however, the struggle for equal rights for LGBT people is still a ‘new frontier’. This theme is therefore one of the key priorities of Dutch human rights policy in the international arena. Homosexuality is still a criminal offence in 76 countries. The sentence imposed most frequently is imprisonment, but corporal punishment is not

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uncommon. In five countries (Iran, Mauritania, Saudi Arabia, Sudan and Yemen), homosexuality carries the death sentence. Violence against LGBT people occurs throughout the world. Those affected often fail to report attacks to the police, fearful of being recognised as LGBT and/or of attracting further violence. Over 200 murders of transgender individuals are recorded each year. The actual number is probably much larger. Besides prosecution and violence, discrimination and unequal economic and social opportunities also pose a great problem, at work, at school, and in healthcare systems. Many countries have no antidiscrimination legislation that specifically protects LGBT people. Their right to freedom of assembly and association is also frequently breached. The Netherlands seeks: Bonis/Ten Broeke motion for the protection of LGBT people (in Dutch). http://bit.ly/lhbtmotie

• to abolish the criminalisation of homosexuality; • to oppose discrimination on the basis of sexual orientation and/or gender identity; • to achieve wider social acceptance of LGBT people.

From online consultation Debategraph: ‘ICCO seeks to initiate a dialogue between religious leaders in Africa and LGBT activists. The objective is to oppose discrimination and the criminalisation of, and violence against, LGBT activists.’(NGO ICCO

The Netherlands tries to achieve these goals by systematically raising these issues in international forums, through the Human Rights Fund, and in bilateral relations. Policy is primarily geared towards regions in which equal rights for LGBT persons are still under severe pressure: Africa, Eastern Europe and Central Asia. Where possible, the Netherlands collaborates with countries in these regions. In Africa, the Netherlands seeks to oppose the criminalisation of homosexuality. Unfortunately, it has become clear that in some cases, efforts to achieve decriminalisation do not have the desired effect. In some cases, it may be more effective to start by promoting social acceptance. In Eastern Europe and Central Asia, the emphasis will be on non-discrimination and social acceptance, primarily to improve the right to assembly and association.

3.2.2 Use of multilateral forums and bilateral instruments Over the past few years, achieving equal rights for LGBT people has been given a prominent place on the UN agenda. The Netherlands seeks to direct more structural attention to this issue within the UN, and systematically raises the issue during the UPR. In 2011 a resolution on LGBT rights was adopted in the Human Rights Council for the first time. Together with like-minded countries led by South Africa, the Netherlands is working to achieve a follow-up resolution and is organising side events to support it. In its foreign policy, the EU strives to achieve closer cooperation with third

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countries on LGBT rights. It is also looking at ways of strengthening the synergy between international organisations such as the UN, the OSCE and the Council of Europe. The Netherlands is working actively to develop EU guidelines to promote equal rights for LGBT people for the benefit of EU delegations and embassies. LGBT Recommendation of the Council of Europe http://bit.ly/LGBTCoE

The only normative instrument that focuses on equal rights for LGBT people is the LGBT Recommendation issued by the Committee of Ministers of the Council of Europe in 2010. This is particularly important for the promotion of these rights in non-EU countries that belong to the Council of Europe. The Netherlands wants to see a mechanism to monitor compliance with this recommendation. In the near future, the Council of Europe will start to monitor hate speech and violence against LGBT people. To date, enshrining equal rights for LGBT within the OSCE has been systematically rejected by, inter alia, Russia and the Holy See. In consequence, there are to date no OSCE ‘commitments’ referring to discrimination on the basis of sexual orientation or gender identity.

Research on the EU Agency for Fundamental Rights: http://bit.ly/FRAlgbt

The primary task of the European Agency for Fundamental Rights is to research compliance with fundamental rights within the EU. The Netherlands seeks to ensure that the Agency plays an active role in this area, for instance by seconding an LGBT expert to the organisation. The Agency has published a major study of discrimination against LGBT people. The Netherlands will also play an active role through its embassies, which will discuss equal rights for LGBT persons in political dialogues, maintain ties with local LGBT organisations, support Gay Pride events, and pay attention to the annual International Day Against Homophobia (IDAHO, 17 May). Since oppressed LGBT people are often able to organise effectively through the internet, the Netherlands will also continue to support online LGBT platforms. • The Netherlands urges joint EU action in third countries to promote equal rights for LGBT people. • The Netherlands aims for the adoption of a new resolution within the Human Rights Council and the organisation of an LGBT event in the margins of the UN General Assembly. It also seeks to have a special rapporteur appointed on equal rights for LGBT people. • In consultation with like-minded countries and civil society, studies are ongoing to ascertain ways of promoting respect for equal rights for LGBT people in regions such as the Middle East and the Caribbean.

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• Embassies contribute actively to promoting equal rights for LGBT people and support LGBT organisations and activists in emergency situations.

3.3

Equal rights for women

‘Each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women.’ Maya Angelou, American writer and poet

Memorandum on Trade and Development Cooperation issued by the Minister for Foreign Trade and Development Cooperation ‘A World to Gain’: http://bit.ly/AidTrade

The importance of promoting equal rights for women is undiminished, and this issue is indeed at the heart of Dutch policy. In this context it is essential to coordinate action with the Minister for Foreign Trade and Development Cooperation. See the memorandum ‘A World to Gain’. The Netherlands promotes gender equality and equal rights for women along two mutually reinforcing tracks: • a focus on the themes of women’s leadership and political participation, follow-up to UN Security Council Resolution 1325, women’s economic self-reliance, and the elimination of violence against women; • the systematic mainstreaming of gender aspects in foreign policy, in the key objectives of development cooperation, and in trade policy.

3.3.1 Political participation of women and Security Council Resolution 1325 From online consultation Debategraph: ‘Women for Peace believe that human rights defenders should be protected. Not by military personnel, but by the international community and by people specially posted to give them visible and non-violent support.’

Women still constitute a minority in politics, government and the business community, even in the Netherlands. During the revolutionary events that rocked the Middle East and North Africa (MENA) region, it became apparent that women were at the forefront in driving processes of political and social change. Unfortunately, however, they soon vanished from sight again: not only has their role been scaled down, but active efforts are being made to reduce their role in the political process of constitutional change. The programme ‘Women on the front line’ was set up to develop the capacity of women and organisations involved in efforts to increase women’s political participation and equal rights for women. The objective is to increase the proportion of women in political life. A related aim is to improve the protection of women’s human rights offered by legislation in

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accordance with international agreements such as the UN Women’s Convention (CEDAW) and to raise awareness of the importance of gender equality among the population at large. For many women in conflict situations, sexual violence is a terrible fact of life. Security Council Resolution 1325, which refers to the role of women in preventing and resolving conflicts, should be implemented more actively, as strongly advocated by the Netherlands in NATO and other multilateral forums as well as bilaterally.

The Dutch National Action Plan on Resolution 1325: www.nap1325.nl

The Dutch Action Plan on Resolution 1325 (NAP 1325) for the period 2012-2015 was adopted to promote the implementation of this resolution. Its overarching theme is to stimulate participation in political life and leadership by women in six focus countries and the MENA region. Adopting an inclusive approach makes it possible to develop fairer and more sustainable peace, recovery and reconstruction processes.

3.3.2 Combating violence against women Violence against women reinforces other types of violence in society and occurs in all parts of the world. According to the UN, one in every three women falls victim to violence at some point in her life. Women suffer from genital mutilation, honour killings, domestic violence, sexual intimidation, human trafficking, forced child marriages and rape. Culture, tradition and religion should never be used as excuses for accepting violence against women. From online consultation Debategraph: ‘The Dutch government’s MDG3 and FLOW Funds have been important initiatives . . . We applaud the Dutch government for its vision in creating these funds.’ http://bit.ly/fundflow CAHVIO Convention: http://bit.ly/CAHVIO

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Every two years since 2006, the Netherlands and France have jointly submitted a resolution to the UN General Assembly urging action to curb violence against women. The Netherlands supports the UN Trust Fund to Eliminate Violence Against Women (an offshoot of UN Women). Through the FLOW fund (Funding Leadership and Opportunities for Women), it also supports the efforts of a large number of women’s organisations to eliminate violence against women. The Netherlands cooperates with various organisations in efforts to prevent the genital mutilation of girls, sexual violence against women, and child marriages. In November 2012, the Netherlands signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (CAHVIO). The process of its ratification by the Dutch parliament has been set in motion.

The Netherlands systematically raises this issue, for instance during the journeys undertaken by the Human Rights Ambassador. In addition, the resources of the Human Rights Fund are deployed through the embassies.

EU Directive on trafficking in human beings: http://bit.ly/EUtraff

Human trafficking is an issue that particularly affects young women. The Netherlands works actively to prevent and combat trafficking, both in the Netherlands and internationally. Our focus is on the protection and care of victims. To achieve an effective policy, international cooperation is crucial. In the Council of Europe, the recommendations issued by the Group of Experts on Action against Trafficking in Human Beings (GRETA) help to combat human trafficking. At national level, the Netherlands has an independent rapporteur on human trafficking, whose area of responsibility has recently been expanded to include investigations of sexual violence against children. Those in charge of screening visa applications and conducting border controls are increasingly alert to any signs of human trafficking.

3.3.3 Sexual and reproductive health and rights (SRHR) Reproductive and sexual rights are human rights, falling under the heading of economic, social and cultural rights. Many countries have legislation restricting the access of women and young people to information about, and services promoting, sexual health. Restrictions abound, particularly in relation to safe abortions, resulting in dangerous clandestine practices and higher maternal mortality rates. There are large-scale violations of the rights of marginalised groups such as sexual minorities, drug users and sex workers. Stigmatisation and discrimination lead to limited access to information and/or sexual health care.

Key Populations Fund: http://bit.ly/KeyPop

The Netherlands seeks to move towards a world in which there is greater respect for sexual and reproductive rights in society at large, as well as in legislation, policy and implementation. Through the Ambassador for SRHR and HIV/AIDS and the Human Rights Ambassador, the Netherlands stands up for sexual and reproductive rights and to help halt the spread of HIV. It also supports NGO activities on behalf of marginalised groups through the Key Populations Fund. • The Netherlands supports organisations that seek to achieve equal rights for women and to promote their political participation, with an emphasis on the Arab region and the Netherlands’ 15 development cooperation partners. • In the Human Rights Council, the Netherlands draws attention to the importance of women’s political participation, including as participants in peace negotiations and transitional processes.

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Girls not Brides campaign: http://bit.ly/notBrides For the website of the international ICPD+20 human rights consultations, see: http://bit.ly/NLconsult

• At the end of 2014, the Netherlands is organising an international conference on UN Security Council Resolution 1325, which deals with women in conflict situations, the focus being on exchanging best practices. • Every two years the Netherlands submits a resolution on the importance of taking action to combat violence against women to the UN General Assembly. • The Netherlands supports action to oppose child marriages and forced marriages, for instance by cooperating with the ‘Girls Not Brides’ campaign. • The Netherlands supports the review of the International Conference on Population and Development (ICPD+20) both financially and substantively. In this context, we are organising a human rights conference in partnership with UNFPA and OHCHR. • Wherever possible, the Netherlands will strengthen cooperation with the countries of origin of the victims of human trafficking. • The Netherlands urges the effective elaboration of EU guidelines on violence against women and girls. • The Netherlands works actively to enshrine SRHR in the post-2015 development agenda that will take the place of the Millennium Development Goals and draws attention to the human rights approach of Development Goals 2 and 5 (ensuring that all girls and boys attend school and reducing maternal mortality rates).

3.4

Most flagrant violations

The Netherlands consistently speaks out against the worst and most flagrant human rights violations. Application of the death penalty and the use of torture are still far too common worldwide. The Netherlands works wherever possible, through the EU, to oppose the use of the death penalty and torture. Where possible we support human rights organisations’ efforts in this field. For the EU guidelines on the death penalty, including the EU’s minimum standards in this regard, see: http://bit.ly/EUmin

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• The EU’s efforts to secure the worldwide abolition of the death penalty are undiminished, with a worldwide moratorium on its implementation as an interim objective. Furthermore, the EU seeks the application of minimum standards and supports the UN resolution on the death penalty. • Through the Human Rights Fund, the Netherlands supports organisations seeking to achieve the abolition of the death penalty and to eliminate torture. • The Netherlands tries to encourage as many countries as possible to accede to the UN Convention Against Torture (CAT) and the Optional Protocol to the Convention. In addition, we support the work of the European Committee for the Prevention of Torture (CPT) in the framework of the Council of Europe.

The protection of civilians in armed conflict overlaps with RtoP. Read the letter of July 2012 to Parliament (in Dutch) on the protection of civilians: http://bit.ly/PoC2012

State sovereignty is no longer an indestructible shield behind which human rights violations are not discussed. The Responsibility to Protect (RtoP) principle focuses on preventing and halting the most serious crimes. The Netherlands urges that when mass atrocities take place and the state concerned is unable or unwilling to intervene, the international community should be able to take coercive measures such as imposing sanctions within the framework of RtoP. Regional organisations have an essential role to play here. • The Netherlands favours according a leading role to the EU in preventing mass atrocities, and seeks to improve the mainstreaming of RtoP in regional and international organisations. Taking action in conflict and post-conflict situations calls for dedication on the part of the international community, in part to prevent conflicts from flaring up again. Peace missions, whether led by the UN or by other multilateral organisations (NATO, EU, African Union) adopt an integrated approach, in which military and civil missions coordinate their actions. Building and strengthening the capacity of the legal system in post-conflict countries is vital to preventing human rights violations. This requires a special focus on linking national legal orders to the international criminal justice system. Putting perpetrators on trial fosters stability and reduces the likelihood of renewed conflict. Prosecuting such perpetrators is primarily the responsibility of the national authorities. The International Criminal Court has a complementary responsibility in this respect, stepping in when countries are unwilling or unable to prosecute international crimes. The Netherlands will work to strengthen the instruments at the disposal of national authorities for investigating and prosecuting those suspected of the most serious international crimes. We have joined with Belgium and Slovenia in an initiative to promote a multilateral agreement for mutual legal assistance and extradition in cases involving international crimes. The Netherlands is also promoting initiatives to help countries come to terms with the past by means of truth and reconciliation commissions.

Investigation of drones by the UN’s Special Rapporteur Emmerson: http://bit.ly/VNDrones

Terrorism keeps emerging in different parts of the world. Counterterrorism requires an unremitting effort, and is closely entwined with human rights issues. In their counterterrorism strategies, the Netherlands and the European Union focus on protecting citizens and promoting democracy and rule of law. Human rights must always be respected in counterterrorism activities.

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Justice Rapid Response: see http://bit.ly/JusticeRR

• The Netherlands favours the documentation of violations in order to contribute to the judicial process and/or to mechanisms for establishing the truth. The Netherlands and the EU devote special attention to linking national legal orders to the international criminal justice system. • The Netherlands supports local capacity building in the area of international criminal law. We make the forensic expertise of the Netherlands Forensic Institute (NFI) available to the various tribunals. • The Netherlands actively promotes the conclusion of a multilateral convention for legal assistance and extradition in the case of international crimes.

3.5

From online consultation Debategraph: ‘Internet is one of life’s necessities and a right.’

For the EU cyber security strategy, see: http://bit.ly/EUcyber Freedom Online Coalition: http://bit.ly/FOCtunis

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Freedom of expression and internet freedom

The Netherlands is unflagging in its efforts to promote freedom of expression, both online and offline. It is essential to consider traditional and new media together. Never before have so many journalists been murdered in a single year as in 2012. The number of journalists imprisoned for doing their work has increased astronomically over the past decade. • Embassies support the independent position of journalists and media organisations. • The Netherlands tries to increase the safety of journalists by drawing attention to individual cases. • Over the next few years, the Netherlands will be supporting Radio Netherlands Worldwide with activities targeting young people (the ‘change agents’ of the future). The internet fosters freedom of expression, political participation and democratic processes. But it also has a dark side: countries actively follow activists’ online movements to track them down and to prosecute them. Investments are made in filtering technology, online state propaganda is gradually being stepped up, and content is subject to censorship. It is important to strike a balance between promoting national and international digital security and internet freedom. Digital freedoms and cyber security strengthen each other only when they are addressed together, as is clearly stated in the EU Cyber Security Strategy. The Freedom Online Coalition set up jointly by the Netherlands and the United States – to which 19 countries in 5 continents have since signed up – emphasises the importance of digital rights worldwide.

From online consultation Debategraph: ‘During the WCIT we saw the importance of the Freedom Online Coalition in forming a block against the desires of countries such as China and Russia to restrict internet freedom.’ (NGO Humanist Institute for Development Cooperation; HIVOS) Digital Defenders Partnership: http://bit.ly/digitaldp

The report on the pilot project on religious freedom as sent to the House of Representatives (in Dutch): http://bit.ly/PilotFoRB

• The Netherlands is seeking to attach an ad-hoc licence requirement to the EU’s Dual-Use Regulation for companies to prevent filtering technology from being exported to countries that use it to violate human rights. • The Netherlands supports the Freedom Online presidencies of Tunisia (2013), Estonia (2014) and Mongolia (2015) and enables the involvement of NGOs and activists. • Through the Digital Defenders Partnership, support is given to projects set up to help bloggers and cyber activists in distress.

3.6

Three-quarters of the world population live in countries in which freedom of religion and belief is severely restricted by state or non-state actors. The Netherlands stands by the principle that every individual must have the freedom to express his or her identity, as informed by religious or other beliefs: this includes the right to hold theist, non-theist or atheist convictions and the right to change one’s faith. The Netherlands champions the separation of church and state, and opposes any restrictions imposed on the rights of children, LGBT people or women in the name of religious or traditional values. The government holds fast to an inclusive approach to human rights, without the exclusion of any specific group. After all, human rights apply to all, and excluding a particular group can undermine the universality of human rights. • In multilateral forums, the Netherlands seeks to promote freedom of religion and belief and opposes any action that could undermine it. • The Netherlands pursues a bilateral enhanced policy focus in the sphere of freedom of religion in certain countries: China, Egypt, India and Kazakhstan (since 2009), and Armenia, Nigeria, North Korea, Pakistan and Sudan (since 2012).

3.7

See also the Memorandum on Trade and Development Cooperation issued by the Minister for Foreign Trade and Development Cooperation.

Freedom of religion and belief

Human rights and development

Human rights and development go hand in hand. It is difficult to protect economic, social and cultural rights if development lags behind. Conversely, the advancement of civil and political rights undoubtedly makes a contribution to development. The success of the Millennium Development Goals cannot conceal the need for a rights-based approach to development. This should be incorporated into the follow-up to the MDGs. Failing economies and poor infrastructure cost millions of lives each year; economic growth can help countries achieve the MDGs. The absence of a functioning rule of

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law makes the existence of millions of people insecure and limits their socioeconomic opportunities and freedom. Climate change may pose a threat to the right to food and water, and may even jeopardise the existence of local communities. Decent jobs and wages help people escape from poverty.

For the Netherlands’ aims for the post-2015 agenda, see: http://bit.ly/NLpost15

• In the post-MDG 2015 development agenda, the Netherlands wishes to make a clear connection between human rights and the key development cooperation themes of food security, water, SRHR and security and the rule of law. We also consistently draw attention to these themes in the Human Rights Council and the UN General Assembly. • The post-2015 agenda should incorporate a minimum subsistence level below which no one in the world should ever be allowed to fall.

3.8

Guiding Principles on Business and Human Rights 2011: http://bit.ly/Ruggie

OECD Guidelines for Multinational Enterprises: http://bit.ly/oecdMNO From online consultation Debategraph: ‘The business world would greatly benefit from an integrated human rights programme, presented jointly by different ministries, such as Foreign Affairs, Economic Affairs, and Infrastructure & Environment.’ (NGO CSR Netherlands)

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Business and human rights

‘Business and human rights’ is a key theme for the Netherlands because companies’ supply chains are vulnerable to human rights violations. It is these violations in particular that put socioeconomic – as well as civil and political – rights in jeopardy. Cooperation on this theme with the Minister for Foreign Trade and Development is crucial. The Netherlands promotes the integral dissemination and implementation of the UN’s Guiding Principles on Business and Human Rights, adopted in 2011. These principles embrace not only the state’s obligation to protect human rights and the responsibility of companies to respect human rights, but also the need to grant the victims of human rights violations by companies access to an effective remedy. In this regard the government especially emphasises the importance of self-regulation by the companies concerned. The second pillar of the Guiding Principles was incorporated wholesale into the revised OECD Guidelines for Multinational Enterprises. These now define the responsibilities that companies have in relation to human rights. The Netherlands’ embassies are important in this regard, since they can inform Dutch companies operating locally about the OECD guidelines’ applicability to the local context and forge contacts between companies and civil society organisations. The Netherlands strongly supports the universal ratification and implementation of the ILO’s four core labour standards: the abolition of child labour, the abolition of forced labour, non-discrimination and freedom of association and effective recognition of the right to collective bargaining. Worldwide, some 215 million children are victims of child labour, over half

of whom are exposed to its worst forms. Sectoral and area-based initiatives such as the concept of ‘child labour free zones’ are important. Many countries do not enjoy the freedom to bargain collectively that we would like to see. The government draws attention to this in its diplomatic contacts, at the same time emphasising the importance of the annual reports of the ILO’s Committee on the Freedom of Association. Voluntary Guidelines on the Responsible Governance of Tenure (RGT): http://bit.ly/FAOguide

Voluntary Principles Security and Human Rights: http://bit.ly/VPShr

The guidelines recently adopted by the FAO’s World Committee on Food Security (CFS) clearly indicate that better land use rights are not only economically important, but also important human rights. The Netherlands and the EU are working towards the effective use of these guidelines. • The government will publish a national action plan on business and human rights in 2013. • More embassies are supporting local initiatives related to the enhanced policy focus on corporate social responsibility. They provide information about corporate social responsibility and human rights to trade missions. The ‘corporate social responsibility passport’, a manual for embassies, is being brought up to date. • The Netherlands continues to adopt an active position within the Voluntary Principles on Security and Human Rights (VPs) initiative. • The Netherlands actively opposes child labour, partly by drawing attention to the Child Labour Platform that was set up in 2010. • The Netherlands supports professional development in trade unions and employers’ organisations in developing countries through the channels of the Trade Union Cofinancing Programme. • The Netherlands supports the International Land Coalition, a partnership between civil society and human rights organisations, knowledge institutions and intergovernmental organisations.

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Chapter 4 Forums and instruments

Photo: Heleen van der Beek

4.1

European Union

‘Don’t get me wrong; I do not believe that all countries are equally vigilant in the protection of human and fundamental rights or equally “guilty” for placing them at risk; some countries are clearly better (or worse) in these respects than others. I am proud, for example, of Europe’s efforts to protect and promote fundamental rights. But I do believe that no country or organisation is perfect, including the EU.’ Stavros Lambrinidis, EU Special Representative for Human Rights

Lisbon Treaty See website: http://bit.ly/LisbonEU EU strategy: for the Council’s conclusions, the Commission’s strategy and national action plans, see the website: http://bit.ly/EUstrat

Twitter page of Stavros Lambrinidis: http://bit.ly/twittersjl

The Lisbon Treaty provided an important boost to the EU’s Common Foreign and Security Policy. The Netherlands considers it vital that the EU should promote its human rights policy even more vigorously and unanimously in the coming years, for example by finding effective ways to raise human rights issues in its dialogues with third countries. Increasing the coherence between the EU’s internal and external human rights policy is key to the EU’s credibility in the international arena. One example is the approach to the Roma people within the EU. The ‘normative power’ of the EU and its member states is no longer always seen as self-evident. The rise of new powers on the world stage, while presenting new opportunities, also presents a certain risk that international agreements may come under pressure. The EU should consider carefully how it can continue to pursue an effective human rights policy in this changing international context. • The government ensures that human rights occupy a prominent place on the agendas of regular dialogues, summits, trade and development cooperation agreements between the EU and third countries or other regional organisations. • The Netherlands strongly advocates a thorough implementation of the EU human rights strategy. We support the recently appointed Special Representative for Human Rights, Stavros Lambrinidis. • The Netherlands will call attention among its partners to themes that are not necessarily viewed as self-evident throughout the EU, such as the importance of equal rights for LGBT people and SRHR. • The Netherlands will continue to promote an initiative set up at an earlier stage to achieve an informal division of responsibilities within the EU in the field of human rights. This would make it possible for the EU to tackle these issues in a smarter and more efficient way. • The Netherlands wants to widen the scope for NGO input in preparing EU dialogues, and to consult them about the EU’s human rights instruments.

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• Where necessary, the Netherlands will call its EU partners to account for the human rights situation where improvements are needed; conversely, the Netherlands is open to criticism and recommendations from its partners.

4.2

United Nations

‘Today’s human rights violations are the causes of tomorrow’s conflicts.’ Mary Robinson, former UN High Commissioner for Human Rights

Human Rights Council: http://bit.ly/hrcouncil

OHCHR: www.ohchr.org Treaty bodies: http://bit.ly/treatybod

The Netherlands attaches great importance to working in the human rights forums of the United Nations. We are a candidate for membership of the Human Rights Council in the period 2015-2017. If we are elected, we will also use our membership to improve the Council’s functioning. The Human Rights Council makes it possible to rapidly convene discussions of urgent human rights situations that may arise in specific countries. The Universal Periodic Review (UPR) subjects all UN member states to review once every four and a half years. Within the UPR it is also possible to place greater emphasis on the theme of the rule of law. After all, without the rule of law, there can be no protection from human rights violations committed by government. Human rights are on the agendas of diverse UN forums, such as the UN Security Council, the General Assembly, the Commission on the Status of Women, and the Commission on Population and Development. The Netherlands is a candidate for Security Council membership in the period 2017-2018. We are also active in the executive boards of the various UN funds and the UN’s specialist agencies. The Netherlands promotes respect for human rights in all these forums. The Office of the High Commissioner for Human Rights has grown to be the central axis of the UN human rights system. The treaty bodies, made up of independent experts, monitor observance of human rights in specific fields. In addition to the reports made by the States Parties themselves, input from NGOs is indispensable. The Special Rapporteurs on human rights investigate the situation in certain countries where there are notable problems and with regard to certain issues. • The Netherlands will contribute to all country reviews, and in addition monitor compliance with recommendations arising from the UPR in EU and bilateral human rights dialogues. • The Netherlands will join other EU countries in seeking new partnerships in the UN’s human rights forums with countries in other regions of the world.

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• The Netherlands advocates giving space to NGOs within the UN, listening to them and making use of their input. • The Netherlands opposes attempts to undermine respect for the universality of human rights by the misuse of terms such as ‘cultural diversity’ and ‘traditional values’. • The Netherlands attaches great value to the independence and impact of the High Commissioner for Human Rights and her office (OHCHR) and will be maintaining its contribution to this office. • The Netherlands strives to ensure that the human rights treaty bodies, special rapporteurs and working groups have sufficient capacity. The government would like see the treaty bodies operating within a more efficient system and collaborating more with one another, while continuing to uphold the basic principle of their independence.

4.3

International tribunals

‘I am happy…. I feel justice has been done.’ Al Hadji Jusu Jarka, former chairman of the association of amputees mutilated by the rebels in Sierra Leone, after hearing the Special Court for Sierra Leone pass sentence on Charles Taylor

‘True peace is not merely the absence of tension: it is the presence of justice.’ Martin Luther King

International Criminal Court: www.icc-cpi.int

The Netherlands actively pursues the prosecution of genocide, crimes against humanity, and war crimes. The international tribunals and courts were established to combat impunity. They also exert a deterrent effect. Witness protection is an important focus of attention in this context. The UN tribunals for Rwanda and the former Yugoslavia must complete their work with all due care, paying special attention to witness protection and to their enduring legacy. The other tribunals with specific, limited mandates (for Sierra Leone, Lebanon and Cambodia) also further the cause of justice and the development of the law and do justice to the victims. Transparency of proceedings, timely completion of the work and the provision of good information to those concerned are all important. The Dutch government has shown itself to be a good host for the International Criminal Court (ICC) in The Hague. Universal ratification of the Rome Statute is important to enhance the ICC’s legitimacy and effectiveness. In addition, the Netherlands attaches considerable value to further improving the cooperation between the ICC and the UN Security Council. It is of great importance that the Security Council remain involved in situations that it refers to the ICC.

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Sjoerdsma motion on encouraging States Parties to ratify the Rome Statute (in Dutch): http://bit.ly/motieICC

• The Netherlands will continue to call attention to the need for sufficient support for the tribunals, including their residual mechanisms, in talks with other countries and in the UN. • The Netherlands actively calls attention to the issue of accession to the Rome Statute in contacts with its international partners. To this end, the government invites national delegations to visit the Netherlands and the international criminal justice institutions, finances projects and appeals to countries bilaterally and in multilateral forums concerning the importance of accession. • By 2014 at the latest, the Netherlands will put before Parliament the ‘Kampala amendments’, which will give the ICC more effective jurisdiction most notably in relation to the crime of aggression.

4.4 Council of Europe and the European Court of Human Rights ‘The future of the European Court of Human Rights is among the highest priorities of the Council of Europe, and of very real importance to all the peoples of Europe. The Convention remains the crowning achievement of this organisation, and commands our wholehearted and enduring support.’ Sir Nicolas Bratza, former President of the European Court of Human Rights

ECHR: http://bit.ly/ECHRCon

The Netherlands regards the Council of Europe as an important guardian of human rights, democracy and the rule of law throughout Europe. We therefore work within the Council to secure effective monitoring, compliance with obligations, and dialogue with member states about promoting the rule of law, democracy and human rights. Its main instruments are the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the European Court of Human Rights. The Council of Europe also has other conventions and mechanisms that set standards and monitor human rights. In addition, it possesses a variety of instruments for the promotion of the rule of law, such as the Venice Commission, its advisory body on constitutional law. • The Netherlands supports the initiative of the Secretary-General of the Council of Europe to call member states to account more directly, and at political level, with regard to improving the human rights situation in their country. • The Netherlands exerts itself to publicise the valuable role of the Venice Commission more widely in the Netherlands, and will hold a national seminar for this purpose.

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Brighton Declaration: http://bit.ly/CoEdecl

• The Netherlands supports the implementation of the Brighton Declaration to improve the effectiveness and efficiency of the European Court of Human Rights, while completely retaining and respecting the Court’s independence. • The Netherlands cooperated actively in the adoption by the Committee of Ministers of Protocol 15 to the ECHR. Protocol 15 enshrines the principle of subsidiarity and the doctrine of the ‘margin of appreciation’, as developed by the Court itself, in the preamble to the ECHR, besides which it contains a number of procedural innovations. The Netherlands seeks to expedite Optional Protocol 16, which will make it possible for the highest national courts to request advisory opinions from the European Court of Human Rights. We continue to promote the EU’s swift accession to the ECHR, a step provided for in the Lisbon Treaty.

4.5

Organisation for Security and Cooperation in Europe (OSCE)

‘In the OSCE you have countries that have different political priorities, different security or defence agendas. It is a larger framework within which countries in fact, with different objectives and different agendas confront each other and try to solve their problems by using this agreed set of principles, norms and commitments.’ Lamberto Zannier, Secretary-General of the OSCE The OSCE promotes democratic societies, plays a major role in ensuring fair elections, and helps protect national minorities. Human rights, democracy and the development of the rule of law are all part of the OSCE’s overarching concept of security. For almost forty years, this thematic cohesion has provided opportunities for the 57 participating states of this largest regional security organisation in the world to forge a ‘security community’. But the political obligations and the ‘human’ dimension of the OSCE acquis are under pressure.

HDIM: http://bit.ly/hdim2012

The Dutch government urges improved compliance with undertakings in the area of human rights, democracy and the rule of law. Besides EU-wide priorities, such as freedom of religion and belief and freedom of expression, minority rights and internet freedom, the Netherlands focuses in particular on promoting equal rights for LGBT people and on protecting human rights defenders. The Netherlands attaches great value to the regular human rights meetings held within the OSCE, including the annual Human Dimension Implementation Meeting (HDIM). The HDIM provides a unique platform for dialogue with representatives of civil society from all OSCE countries. The

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Illustration: Strang

Netherlands also supports the autonomy of OSCE institutions, most notably the Office for Democratic Institutions and Human Rights (ODIHR), the Representative on Freedom of the Media (RFOM) and the High Commissioner for National Minorities (HCNM). • The Netherlands strives to secure the inclusion of references to equal rights for LGBT people in the OSCE commitments. • Together with EU partners, the Netherlands will work to strengthen the human dimension and to secure access to OSCE meetings for NGOs.

4.6 Other regional organisations ‘I feel more motivated and happy because there are people interested in our problem, people that care for us and support us in our fight for human liberty. I have a great emotion because I know now that we are not struggling alone against human rights violations.’ Akhtam Naisse, Syrian human rights defender, winner of the Martin Ennals Award

The Netherlands seeks to strengthen regional (human rights) organisations, both within and outside Europe. Calling countries in the region to account on the basis of universal standards, drawing on their own regional mechanisms, potentially leads to far more acceptance and hence to concrete results. These regional (human rights) organisations may derive considerable benefit from European experiences of democratisation processes and the development of the rule of law, for instance in partnership with the Council of Europe and the OSCE.

OAS: www.oas.org ASEAN: www.asean.org ASEAN Human Rights Declaration: http://bit.ly/ASEANhr

The Netherlands supports various plans and projects falling under the Organisation of American States (OAS). From the Human Rights Fund, the Netherlands offers support to the strategic multi-year plan of the IACHR (Inter-American Commission for Human Rights). We also support a project aimed at securing access to judicial institutions. Asia too has had a regional human rights mechanism since 2009: the ASEAN Intergovernmental Commission on Human Rights (AICHR). ASEAN still has only a limited set of human rights instruments. Nonetheless, this Commission is turning an increased focus on human rights in the region into a reality, and the Netherlands is exploring the scope for supporting it. The Netherlands supports programmes in aid of the Commission of the African Union and the Charter on Democracy, Elections and Human Rights, for example by

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financing efforts (like the Electoral Assistance Unit) to strengthen the Commission’s capacity and as a donor to the African Human Rights Memorial. Together with a number of NGOs, the Netherlands is investigating ways of further strenghtening the human rights committee of the Arab League. We are also interested in the activities of the human rights committee of the Organisation of Islamic Cooperation, which was set up in 2011.

4.7

Bilateral efforts

Where a national voice can help to reinforce the common message, the Netherlands will not fail to take bilateral action. Bilateral intervention can have considerable added value in relation to EU actions, for instance if there is a specific national interest at stake, or if a division of responsibilities has been agreed within the EU. The Netherlands has an extensive set of bilateral instruments at its disposal.

4.7.1 Human Rights Fund

Policy evaluation of the Netherlands’ support to human rights projects 2008-2011 (in Dutch): http://bit.ly/IOBmr

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The Human Rights Fund was set up in 2007 for projects in countries with which the Netherlands did not have any development cooperation relationship. Through the embassies, contributions are made to the capacity of local NGOs and human rights defenders. The Fund’s explicit intention is to support small organisations or individuals – sometimes in the start-up phase – to develop their activities. The projects concerned contribute to the implementation of human rights obligations by which a country has already agreed to be bound, or to the dialogue about human rights in a country. In allocating funds per country, consideration is given to the seriousness of the human rights situation in relation to the Netherlands’ human rights priorities and the likely effectiveness of the intended activities. Aside from country-specific activities, the fund is also available for regional programmes. In 2013 the Human Rights Fund has a budget of about €33.8 million, of which about €20.5 million is disbursed through the embassies. The number of countries in which the Fund is used has decreased in recent years, and in light of a recent evaluation of the Fund the number of countries eligible for funding from it will be further reduced. Besides the human rights fund, financial resources for the development of the rule of law and democratisation are also available for the Arab region (including the resources of MATRA South) and Central America.

4.7.2 Human Rights Ambassador

Q&A with Human Rights Ambassador: See clip (in Dutch) at http://bit.ly/QenAmra

The Netherlands’ Human Rights Ambassador is one of the more important ‘faces’ of Dutch human rights policy, both in the Netherlands and in the international arena. He maintains close contact with civil society and, as a speaker who is much in demand, disseminates our human rights policy in both Dutch and international forums. He engages in discussions with authorities and civil society organisations, and speaks at universities. During such visits he draws attention to human rights violations and forges strategic ties with potential partners. When the Human Rights Ambassador’s travel programme is being planned, specific attention is paid to genuine prospects for trilateral partnerships.

4.7.3 Embassies Over the next few years, the network of diplomatic missions will contract and staff numbers will be further reduced. This will make itself felt, and intelligent choices will have to be made. This applies both to the embassies’ entire range of duties and to their efforts in the realm of human rights: how can an embassy exert effective influence? In countries in which the Netherlands is no longer represented, part of the work will have to be channelled through multilateral organisations or through other partners. • Raising human rights issues in political dialogues and regular contacts. Where possible, the embassies raise human rights issues and the importance of the effective rule of law in the political dialogues they conduct and in regular contacts with government representatives in the country concerned. In principle they promote human rights openly, but in some cases more can be achieved through silent diplomacy. • Cooperation with other EU partners and the EU delegation. Cooperation creates more leverage and hence more scope for promoting human rights. The EU human rights strategy is implemented in human rights consultations between embassies and the EU delegation in the country concerned, as well as in consultations on trade and development cooperation. The Netherlands seeks to arrive at an informal division of responsibilities, to ensure that human rights can be protected and promoted as effectively as possible. • Forming groups of like-minded parties. It is also important to involve non-EU and non-Western countries in the efforts to improve human rights in a country, and where possible to coordinate actions and perhaps to agree to a division of responsibilities. • Universal Periodic Reviews and UN Resolutions. Embassies provide input for the UN’s periodic reviews of countries. They can also play a role in lobbying for the adoption of UN resolutions.

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Facebook: http://bit.ly/NLedVN

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• I nformation-gathering about the local situation. Embassies play an important role in gathering information about the local situation and they also play a role in drawing attention to abuses. For embassies in Europe, these activities also include reporting on the implementation of politically significant judgments handed down by the European Court of Human Rights. Embassies also support and brief companies and delegations in the place concerned − trade delegations, for instance, or delegations of members of parliament. • Maintaining ties with human rights defenders and international organisations. Embassies maintain ties with human rights defenders. In individual cases, they may provide them (or their family members) with assistance, or help human rights NGOs that find themselves in a precarious situation. Where appropriate, diplomatic missions will follow legal proceedings involving human rights defenders. Exchanging information with international and other organisations is an essential part of a diplomatic mission’s work. The embassies therefore ensure that they maintain good relations with organisations such as UN agencies, the local OHCHR office and the national human rights institution. Embassies can take action in partnership with civil society organisations – each acting on the basis of its own role and its own responsibility – to promote human rights and to support each other’s activities. • Supporting projects. The embassies implement the Human Rights Strategy by supporting local organisations in projects seeking to promote human rights. The Human Rights Fund is used for this purpose. • Public diplomacy. Visibility is important, both for embassies and for the Dutch public. Through websites and social media, and by giving presentations and lessons, we inform the public about the activities of the ministry and the embassies in relation to human rights. For instance, diplomatic missions organise annual activities for International Human Rights Day (10 December), and ambassadors join Gay Pride marches to support human rights defenders and NGOs.

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HUMAN RIGHTS POLICY 2013

FOR ALL

We support individuals, groups and civil society institutions that are engaged in promoting and protecting human rights. It is only when pressure is applied from inside a society that we can see

HUMAN RIGHTS DEFENDERS

JUSTICE AND RESPECT

The Netherlands is a frontrunner when it comes to anti-discrimination and LGBT-rights. In many parts of the world, however, the struggle for equal rights for LGBT people is still a ‘new frontier’.

EQUAL RIGHTS FOR LGBT

The importance of promoting equal rights for women is undiminished. The Netherlands focuses on leadership and political participation of women and on preventing violence against women.

EQUAL RIGHTS FOR WOMEN

OF UNDIMINISHED

THE NETHERLANDS

PRIORITIES FOR

real change there.

Operating as the European Union is the basic principle, since the EU as a whole can speak with a more powerful voice than the Netherlands alone.

EUROPE

• • • • •

HUMAN RIGHTS

APPROACH TO

AN INNOVATIVE

Most flagrant violations Freedom of expression and internet freedom Freedom of religion and belief Human rights and development Business and human rights

Besides calling countries to account for human rights violations, we will enter into trilateral partnerships, in which we will cooperate more frequently with non-Western partners. We enable regional actors to adopt a real pioneering role in respect of human rights.

TRILATERAL COOPERATION

IMPORTANCE

To speak with credibility about human rights in the international arena, we must be alive to the human rights situation in our own country and region. Human rights are well enshrined in the Netherlands and are in general widely observed, but constant vigilance and effort are essential.

CREDIBILITY

Beside civil and political (CP) rights, economic, social and cultural (ESC) rights also deserve to receive ample attention in an integrated approach.

Human rights diplomacy involves more than cooperation with governments alone. Bringing together all relevant actors, including unions, companies, knowledge institutions, NGO’s and media personalities leads to a better result.

INTEGRATED

The growing access to the internet and mobile telephones makes it possible for people to publicise human rights violations immediately. We will focus on the possibilities to protect human rights the internet provides us with.

INTERNET-BASED INNOVATION

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Published by: Ministry of Foreign Affairs P.O.Box 20061 | 2500 eb The Hague | The Netherlands www.government.nl © Ministry of Foreign Affairs | August

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2013

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Published by: Ministry of Foreign Affairs of the Netherlands P.O.Box 20061 | 2500 eb The Hague | The Netherlands www.government.nl © Ministry of Foreign Affairs | August 2013 Coverphoto: Hollandse Hoogte 13BUZ619083 | E