Justice and respect
for all
boDublinSydneyKuwaitBogotaAntwerpPristinaJubaBratislavaIstanbulWellingtonCaracasColomboBujumburaVaticanCityAbuDhabiHongKongBangko
Justice and respect
for all
Contents
Summary
2
|
Justice and respect for all
4
1. Why human rights?
1.1 Human rights as the cornerstone of foreign policy
1.2 The origins of human rights
6
7
10
2. Human rights in 2013: innovative approach
2.1 Trilateral cooperation
2.2 Internet-based innovation 2.3 Integrated: many partners, indivisible rights 2.4Credibility
2.5 Europe: standing up for human rights 12
13
15
17
18
19
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
22
24
25
25
25
26
26
27
29
29
30
31
32
34
35
35
36
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 Justice and respect for all
38
39
40
41
42
43
45
46
46
47
47
|
3
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
4
|
Justice and respect for all
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.
Justice and respect for all
|
5
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
1
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.
Justice and respect for all
|
7
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
8
|
Justice and respect for all
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
Justice and respect for all
|
9
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.
10
|
Justice and respect for all
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.
Justice and respect for all
|
11
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.
2.1Trilateral 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
Justice and respect for all
|
13
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.
14
|
Justice and respect for all
2.2Internet-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.
Justice and respect for all
|
15
Illustration: Strang
16
|
Justice and respect for all
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
Justice and respect for all
|
17
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.
2.4Credibility
‘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
18
|
Justice and respect for all
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
Justice and respect for all
|
19
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.
20
|
Justice and respect for all
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.
Justice and respect for all
|
21
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.
Justice and respect for all
| 23
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
24
|
Justice and respect for all
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
Justice and respect for all
| 25
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
26
|
Justice and respect for all
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
Justice and respect for all
| 27
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.
28
|
Justice and respect for all
• 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
Justice and respect for all
| 29
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
30
|
Justice and respect for all
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.
Justice and respect for all
|
31
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
32
|
Justice and respect for all
• 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.
Justice and respect for all
|
33
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
34
|
Justice and respect for all
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
Justice and respect for all
| 35
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)
36
|
Justice and respect for all
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.
Justice and respect for all
|
37
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.
Justice and respect for all
| 39
• 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.
40
|
Justice and respect for all
• 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.
Justice and respect for all
|
41
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.
42
|
Justice and respect for all
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
Justice and respect for all
| 43
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
Justice and respect for all
| 45
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
46
|
Justice and respect for all
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.
4.7.3Embassies
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.
Justice and respect for all
| 47
Facebook:
http://bit.ly/NLedVN
48
|
Justice and respect for all
• 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.
Justice and respect for all
| 49
50
|
Justice and respect for all
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
Justice and respect for all
| 53
Published by:
Ministry of Foreign Affairs
P.O.Box 20061 | 2500 eb The Hague | The Netherlands
www.government.nl
© Ministry of Foreign Affairs | August
54
|
Justice and respect for all
2013
neyKuwaitBogotaAntwerpPristinaJubaBratislavaIstanbulWellingtonCaracasColomboBujumburaVaticanCityAbuDhabiHongKongBangkokAstanaParis
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