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Report The future of human rights in a multi-polar world: exploring opportunities for further engagement Wednesday 11 – Friday 13 January 2017 | WP1515
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Report The future of human rights in a multi-polar world: exploring opportunities for further engagement Wednesday 11 – Friday 13 January 2017 | WP1515 In an unpredictable and rapidly changing global environment, the international human rights agenda is becoming increasingly more complex. The diffusion and shift in economic and political power to South and East has brought new dynamics to the discourse, with multiple actors exploring complex trade-offs between national and regional interests and international obligations. There is a strong convergence on the fundamental principles of human rights. However, there are divergent views among both established and rising democracies about ways in which to address current challenges and some of the obstacles which impede the ability to move forward. The human rights system is under stress. However, the current state of flux provides an opportunity to consider new ways in which to consolidate and modernise international consensus around universal human rights norms.
Executive summary 1. The meeting brought together 60 people from 25 countries, including human rights advocates, academics, representatives from governments, international organisations and businesses. It explored ways to respond to current threats and challenges to human rights in a changing multipolar world and considered future opportunities to improve human rights protection. Key themes discussed included: Countering anti-rights populist discourses Finding new “human rights champions” Reviving the UN and regional human rights systems Encouraging rights-based development and reducing inequalities The role of the business sector in human rights protection Protecting freedoms online Tackling corruption Strengthening civil society
‘unless inequality is addressed, human rights will not be fulfilled’
Recommendations to overcome current threats to human rights included: Create and strengthen broad-based coalitions which include states, non-state actors, businesses, social movements, and unions. Small established democracies which traditionally do not take the lead should do more to champion human rights. Strengthened ties with emerging democracies will assist to fill the vacuum left by traditional champions amongst which there is a current shift away from human rights values. The importance of ensuring education, including human rights, particularly for women and girls in all countries. Implementation of the Sustainable Development Goals (SDGs): unless inequality is addressed, human rights will not be fulfilled. Page 1 of 10
Build on success stories, best practice and lessons learned to replicate and encourage further engagement of all parties in promoting and protecting human rights. Change the narrative and turn to new audiences to challenge anti-rights populist discourse; make a better case as to why democracy and human rights are in the best interest of states.
Background and context
‘the world appears increasingly fragmented and ‘hateful’
2. Times are challenging for human rights: the world is experiencing major changes, politically as well as economically and technologically. In recent years, these shifts have included: The rise in lethality of conflicts for civilians; Large scale forced migration and displacement: 65.3 million people were forced out of their homes in 2015, including 21.3 million refugees, half of whom are children; Terrorism and violent extremism: rise in numbers and gravity, with a ripple effect for human rights; Discrimination and inequality, fuelled by xenophobia, racism and islamophobia: the world appears increasingly fragmented and ‘hateful’, which can give rise to violence; Inequality is an unsolved problem; the limited focus on economic, social and cultural rights (ESCRs) should be a human rights priority; An increase in populist discourse, including countries which formerly acted as human rights champions, leading to the questioning of the universality and indivisibility of human rights. The crackdown on civil society; Climate change: it is a threat multiplier and disproportionally affects the most vulnerable. 3. In this changing environment, the strategy to address challenges to human rights worldwide needs to be reviewed and adapted. The meeting aimed to take stock of the current and evolving international human rights landscape in order to explore opportunities and the potential of existing and possible future policy initiatives.
Key themes Countering populism and anti-rights discourse ‘human rights and democracy are increasingly portrayed as undermining stability and the security of a state.’
Main points of discussion- trends 4. Populist leaders and politicians asserting that human rights are against their interests; human rights and democracy are increasingly portrayed as undermining stability and the security of a state. There is a regression from discourse on human security and an increased focus on state security. Universalisation of human rights norms is cited as contrary to these latter interests. 5. References to tension between human rights and stability are misleading. On the contrary, human rights are a positive indicator and do not undermine stability. Recommendations
‘adapt communication techniques and narratives to engage people outside the human rights bubble’
6. Adopt a new narrative to combat ‘post-truth’, for example, adapt communication techniques and narratives to engage people outside the human rights bubble, simplifying messages and making them more relevant to daily lives. 7. Make a clear case as to why democracy and human rights are in the best interest of states in terms of security, stability, the rule of law and other good governance. 8. Communicate with the general public, not just at the national or global decision-making level. States need to convince populations of the merits of human rights and tackle misconceptions. 9. All actors, including civil society, will need to find ways of countering the narrative which
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characterises human rights as bound up in Western values. 10. Human rights education is critical in countering anti-rights narratives.
The role of emerging democracies ‘Emerging and developing democracies can play a key role’
Main points of discussions 11. Emerging and developing democracies can play a key role in filling the vacuum left by some established democracies. However, while developing democracies play an important role in the international forum, some of them have an ambiguous stance on human rights. They should be encouraged to engage further and become tomorrow’s human rights champions. 12. Indonesia, for example, has played an important role in promoting democracy and key human rights issues at both regional and international level, with some positive outcomes. However, Indonesia’s own democracy is under threat due to a rise of intolerance, with some movements trying to impose a conservative interpretation of Islam. This trend has been politicised by the government and political parties, and used to justify measures that undermine some fundamental rights. 13. Recent political changes in the US, Europe and other parts of the world have prompted the coalition of “like-minded states” to turn increasingly to “middle-power democracies” such as the countries of Scandinavia, South America or South-East Asia, for human rights leadership. Recommendations 14. Established and emerging democracies can learn lessons from each other. Small established democracies should strengthen ties with emerging democracies. 15. Experience and expertise of international NGOs can do much to support the capacity of national NGOs, especially in emerging democracies. 16. Most funding currently comes from Europe and North America. However, there are opportunities to explore indigenous funding in eg Asia.
Human rights engagement and protection in the UN and regional systems Human Rights Council (HRC) and Treaty Bodies 17. There are considerable concerns that the HRC has been unable to reach consensus on country specific actions, particularly in recent months. 18. Since its creation 10 years ago, views about the HRC range from guarded optimism to degrees of pessimism. For some, the HRC has shown limited improvement from the Human Rights Commission. But it is still, ‘work in progress’ and is the only global forum for human rights. The more optimistic view characterises HRC reform as a positive. The Universal Periodic Review (UPR) has normalised human rights in the discourse of national policies. This has raised the profile in some countries, although the mechanism is still underused. 19. The system of Special Procedures is a key component of the human rights machinery. Special Rapporteurs, with their specific mandates are generally regarded as having a positive impact, in spite of being under-resourced. They have greater impact at the local level in situations where civil society and press freedom are strong and NGOs can sustain the work and maintain momentum. ‘Broaden leadership at the HRC:’
Recommendations 20. Build on the progress of the last 10 years and identify good practice to further develop the international human rights system. In spite of pessimism about the HRC, there is an opportunity to highlight best practices, consolidate learning and build on achievements. 21. Broaden leadership at the HRC: it has too often been left to Western States, particularly the US, leading to accusations of dominance by certain global powers. The Page 3 of 10
election of President Trump may be an opportunity to shift away from US domination and draw on recent examples of leadership from other countries (e.g. Ireland, Switzerland, Liechtenstein, Luxembourg). There is a pressing need for more leadership from smaller countries, and there are countries willing to take on the role. It is also an opportunity to raise the bar of membership for the HRC. The recent defeat of Russia shows that it is possible to change the dynamic. There is a pressing need to reinvigorate the HRC through the enhanced credibility of members. 22. The UN Human Rights System should be more rooted in the realities on the ground. The HRC is sometimes considered as being too elitist: many civil society and NGO advocates do not have the resources to play an active role in Geneva. 23. Treaty bodies: establish a single body for complaints. 24. Focus on the implementation of UPR recommendations. The 2nd cycle should include new issues as well as following up on previous recommendations. 25. Review of Special Procedures, with a focus on impact – what worked and how did this affect people’s lives? 26. Human Rights Cities: create a UN Forum to foster new dynamics and dialogue on human rights.
The UN system 27. There are fewer ‘big league’ champions on good governance, democracy and human rights. However, there is untapped potential to address challenges through international institutions. 28. Specific challenges to human rights: senior politicians in some democracies have been openly critical of a range of legally binding instruments and bodies, including attacks on the UN, the International Criminal Court (ICC), and the Refugee Convention. However, there is still a core global consensus on many fronts including a general trend towards universalism, with more treaty ratifications and fewer reservations. 29. There should be support for initiatives to reduce the use of veto, particularly in response to mass atrocities. The Secretary General (SG) could use Article 99 to highlight concerns and trigger an appeal to suspend the use of veto. ‘Instead of establishing new norms, improve and consolidate existing ones.’
Recommendations 30. Stronger cooperation between regional organisations and the UN; the former are often more knowledgeable about the issues. 31. Instead of establishing new norms, improve and consolidate existing ones. Make existing norms comprehensible, accessible and understandable to the wider public, who may not otherwise be engaged with the ‘human rights’ lexicon. 32. The Ombudsperson should be empowered in all UNSC Sanction Committees, to counter the risk that some states may bypass proper procedure and misuse powers to target individuals who are not terrorists.
Inequality as a threat to human rights: rights-based development and the human rights component of SDGs Main points of discussion 33. Put more emphasis on ESCRs to advance human rights worldwide and reduce the North/South divide. There is a clear relationship between economic deprivation and civic, political disenfranchisement. 34. The current debate around human rights includes new and significant rights, however the emphasis is still on political and civil. This is problematic: social and economic rights should not be excluded and the failure to do so typifies a major difference between developed and developing countries.
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35. Inequality fuels multiple problems, therefore socioeconomic rights warrant a stronger focus. Development will not succeed without human rights and human rights will not succeed without development. 36. Prior to the 2008 financial crisis, funding from western states tended to dominate the development stage. This afforded opportunities for responsible actors to promote certain values as a component of the relationship. However, the emergence of new actors, such as China, offering attractive support to an increasing number of countries, has changed the dynamic. ‘the right to education for women and girls has proven to deliver important benefits‘
37. The disparity between North and South should be addressed. The SDGs provide a real opportunity to make progress. In particular, the right to education for women and girls has proven to deliver important benefits, increasing family living standards and reducing violence. It should be a major priority and resourced accordingly. 38. The SDG references to human rights reflect an important shift to rights based development. However, there are concerns about reporting and accountability and some gaps. For example, there could have been a greater emphasis on ways in which to foster the role of non-state actors, including business. Recommendations and ways forward 39. Stronger focus on ESCRs at all levels to combat inequality (local, national, international, and from states as well as non-state actors). 40. Developing countries need to generate revenue through more efficient taxation and to attend to illicit financial flows. 41. Change the narrative on development and use more tangible concepts. Provide more public information including an explanation of the links between effective development and a rights based approach. 42. Strengthen partnerships between civil society, states and business. 43. Enhance accountability mechanisms: structures in place at national, regional and international level should have a visible impact and not be used as ‘window-dressing’. These systems could be developed to include ESCRs. 44. Role of emerging economies: BRIC donors should be more engaged.
The role of business in advancing human rights Main points of discussion 45. Business has a significant role to play in reducing inequalities and in combating corruption. 46. Corporate social responsibility (CSR): business should apply human rights principles to ensure safeguards within their own operating systems. 47. Many human rights defenders (HRDs) are under attack because of their role in uncovering violations by business. There is a concern that governments and businesses may collude on this issue, by omission or by commission. 48. The UN Guiding Principles have advanced the debate on business and human rights (BHR) but there has been limited progress on changes in regulations, incentives and access to remedies. Recommendations 49. Continue to develop a binding international convention to uphold human rights in global supply chains, building on the foundations laid by the Business and Human Rights Guiding Principles. 50. National standards need to be strengthened and broadened, particularly national action plans and human rights mechanisms. International accords and standards (eg. ILO, COP, SDGs) provide an important framework.
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51. Encourage business to set a good example. For example, enlightened corporates should speak out in order to de-stigmatise HRDs and discourage the perception that they are economic saboteurs. There are many examples of corporates taking a positive stance and there is an opportunity to build on the business network, particularly with regard to the protection of HRDs. 52. Inappropriate collusion between business and governments will continue if business is not called to account. States should take a stance by penalising corporates that violate human rights and should reduce barriers to civil remedies. Accountability, particularly within a legal framework, is crucial; the threat of prosecution makes companies more diligent and compliant. There should also be greater emphasis on extraterritorial obligations. 53. Corporate transparency on socially responsible investment should be mandatory, with CSR an obligation. Due diligence prior to investment is fundamental to the prevention of human rights abuses, in particular for newer or expanding industries, and should also be a requirement. ‘ too many governments are waiting for others to take the lead’
54. Leadership: too many governments are waiting for others to take the lead. Governments need to act together and be bolder in moving forward. 55. Encourage movements and coalitions that include states, civil society and companies. Engage labour ministries as well as ministries of foreign affairs. 56. Emphasise the extent of the shared interests between business and civil society in promoting an enabling environment. Some reports already include the business risks of limiting civil society space. Business should recognise that it is in their interests to play a greater role in protecting civic freedoms.
Human rights and new technologies: protecting freedoms of information, expression and assembly online Main points of discussion 57. Fifty countries have imposed restrictions on the internet in the last year. There have been widespread attempts to restrict internet use in many more countries and regions. 58. Positive trends include: the renewal of the Internet Governance Forum (IGF) mandate for ten years; and resistance to some state pressure on the International Telecommunication Union (ITU) for more control of the internet. 59. A key priority is to address the challenges posed by digital technologies, both on a practical and a conceptual level. Authoritarian governments use technology to track, identify and shut down human rights activities, with serious consequences for the right to privacy, freedom of expression, assembly and association. This use of cyberspace strengthens sovereignty and weakens human rights. ‘A degraded or siloed internet will inevitably degrade human rights.’
60. The human rights framework is increasingly moving online and there is a growing recognition that the debate over ownership and control of cyberspace is at the forefront. A degraded or siloed internet will inevitably degrade human rights. 61. The internet is central to the right to information. There is an unprecedented opportunity for individuals to publish, coordinate and access information on a global scale. An open internet is critical for a sustainable public sphere, however free use does not necessarily equate to openness. Transparency and accountability is a central concept to the protection of human rights across the spectrum. 62. Key threats posed by the digitalisation of our societies include: Surveillance, in authoritarian states but also in democracies. Hacking by governments appears to be on the increase, with inconsistent regulations and laws to provide protection and redress. In particular, state interference in an election process has serious implications for democracy and human rights.
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Legislation governing the use of encryption: encryption is widely used to ensure the security of HRDs, financial systems, lawyers and journalists. Censorship: increased calls for proactive censorship (citing, for example, security and efforts to counter violent extremism). Shutdowns: an open internet is not a given. In 2016, there were 56 internet shutdowns, compared to 24 in 2015. Shutdowns appear to be more targeted, linked to criticism of political leaders or calls for greater governmental accountability.
63. Technology companies are increasingly finding creative ways to circumvent these shutdowns and HRC resolutions, countering the threat to online freedoms, are in place. 64. There has been a paradigm shift in the tools used by states and non-state actors, when inter-acting with citizens. Over time these have included the use of religion and language as major influencers on behaviour. Latterly, the algorithm is emerging as a potent tool to effect change, and influence thinking and opinion. 65. The impact of the algorithm on fundamental rights is not yet fully realised. The EU has adopted a series of directives regarding data protection but they are of insufficient scope to encompass the full complexity and range. 66. Only 100 states have laws regarding freedom of information, despite the fact that the SDGs include the right of access to information for everyone.
‘Will we be living under the rule of law or the rule of algorithm?’
67. Digitalisation is rapidly transforming the way in which both public and private services are delivered. Decisions which directly affect individuals are increasingly automated and driven by big data; there are concerns that the rights of humans may be diminished unless they are somehow integrated into the design. 68. Will we be living under the rule of law or the rule of algorithm? Whilst technological advances do much to promote an open exchange of knowledge and information, the underlying design could lead to less transparency and more subtle forms of control. Recommendations 69. Engage the input of large digital corporations who are emerging as major players in the human rights arena. 70. Protect the network now while the internet revolution is still in its early days. These conditions will determine future rights. If adequately regulated, digitalisation can strengthen governance, human rights and democracy. Build on good practice eg digital mapping of human rights violations.
‘Human rights are moving online; human rights protection should do so too’
71. Human rights are moving online; human rights protection should do so too. The UN should be preparing for the future, for example by ensuring greater safeguards against censorship online. Judicial reviews on the removal of content should also be encouraged. 72. Human rights actors need to exert influence on ‘cyber legislation’ as it develops, in particular the design and regulation of algorithms and the legal ramifications of data which -by its nature- is cross-border.
Corruption as a threat to human rights ‘there should be a widespread recognition that power does not equate to entitlement to engage in corrupt practice’
Main points of discussion 73. Corruption poses a fundamental threat to human rights at many levels of society. It is widely recognised that it can impact relationships between states and business and corrode efforts towards good governance and the implementation of the rule of law. In addition, it is important to communicate that corruption has a direct impact on individuals: livelihoods are affected and the right to access services such as health and education, is seriously undermined. 74. The culture of impunity which prevails in some states needs to be tackled and there should be a widespread recognition that power does not equate to entitlement to engage in corrupt practice. This is particularly problematic in states where local
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institutions are themselves corrupt. Recommendations 75. More collaboration at the community level, to make the connection between corruption and its impact on individual livelihoods and human rights. Learn lessons from existing examples of good practice, both at the UN and community level. Make a clear case and encourage people to engage by demonstrating the corrosive effect of corruption on daily lives, downgrading the socioeconomic rights of all citizens. 76. The UN could create a focal point on corruption, with a strong focus on technical assistance. 77. Challenge impunity: put in place robust institutions to ensure accountability. 78. Make public procurement more transparent. 79. Look at the financial system more broadly: lack of transparency has serious implications for human rights. Human rights groups could play a greater role in monitoring illicit financial flows. 80. Engage business at every opportunity. Many corporates are already taking an active role: their good practice examples can raise the bar for others to get beyond ‘boxticking’ exercises and move to implementation.
Strengthening Human Rights Defenders and civil society space Main points of discussion 81. Human Rights Defenders (HRDs) are experiencing increasing protection challenges, with some states introducing more punitive legislation. This is notably the case for HRDs working on women’s rights, LGBTI rights, extractive industries and the fight against corruption. Election monitors are also subject to serious threats of harm. In 2016, 281 HRDs were murdered in 21 different countries. Of these, 49% were defending land rights. 82. Funding constraints make it increasingly difficult for civil society organisations to sustain and develop their constituencies. 83. The integrity of HRDs is under attack. In many instances they are portrayed as western spokespersons. In addition to the work they are doing to protect the rights of others, they are also compelled to defend themselves. In some countries, this undermining of HRDs is coupled with support to government-organised non-governmental organisations (GONGOs), which by their nature are designed to promote the government’s point of view.
‘At this juncture, the voices of HRDs are ever more critical and ever more at risk.’
84. National laws which legitimise the work of human rights activists provide a much needed framework. For example, in 2016, the East and Horn of Africa Human Rights Defenders Project adopted a model law for the protection of HRDs. 85. There are many countries in which civil society is managing to hold ground and make headway. At this juncture, the voices of HRDs are ever more critical and ever more at risk. Recommendations and ways forward 86. Build stronger coalitions: The HRD community could strengthen national networks to engage with their governments in a more co-ordinated way. Create national coalitions to prevent civil society space from shrinking and enhance the opportunity for NGOs to share best practice. However, competition for overseas funding between national NGOs, can complicate the creation of coalitions. Civil society could find common ground by eg. creating emergency reaction mechanisms. NGOs should build broad alliances to include social movements, religious leaders and other actors.
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‘human rights are not an alternative to state security – security is a human right.’
Identify opportunities to build consensus in collective spaces other than the UN system (e.g. Open Government Partnership, Community of Democracies, Task Force on Money Laundering). Reform the NGO Committee in New York to increase effectiveness and make it less politicised.
87. Change the narrative: Strengthen the narrative around the importance of civil society space for security and resilience. Develop better strategies to challenge the stigmatisation of HRDs Provide evidence and arguments to demonstrate that human rights are not an alternative to state security- they are equally important and mutually reinforcing. Security is a human right. Change the public narrative to legitimise civil society and make the concept more accessible to communities. Arguments in support of civil society should be evidenced using indicators that illustrate value in a way that is meaningful to individuals. Consider new ways to protect HRDs and ensure their voices are heard. A change in narrative should be rooted in the local environment in order to convince the population. Cities can play a significant role in bringing human rights “closer to the people”. 88. Strengthen relationships between HRDs and local communities to enable all actors to speak out and maximise impact. 89. Regional and international NGOs should focus on capacity building for national NGOs. Funders should consider more flexible reporting arrangements to allow greater creativity. 90. Support for the work of HRDs should be a priority for governments. This could include lobbying for legislation on civil society participation. 91. Consider a digital security protocol for HRDs.
Conclusion Recent political, economic and technological changes in the world have been challenging for the advancement of human rights. However, there are also significant opportunities. These changes have compelled the human rights community to adapt strategies and consider different ways of responding. Recommendations include:
Work more in broad-based, multi-stakeholder coalitions or partnerships; break silos and go beyond the usual circles and institutions to engage ‘outside the bubble’
Change the narrative and target different audiences to counter anti-rights populist discourse.
Strengthen human rights education and primary education in general
Focus more strongly on ESCRs to reduce inequality and encourage rights-based development.
Encourage small established democracies as well as emerging democracies to take the lead in the promotion of human rights.
Going forward, there is much to be learned from past failures as well as opportunities to build on achievements in the defence and promotion of human rights.
Camille Marquis Wilton Park | March 2017
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