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ANNUAL R E P O RT

2017
Contents

3 President’s Letter
5 Our Fundamentals
7 Member Organisations
10 International Board
11 Priority 1: Supporting Human Rights Defenders
21 Priority 2: Fostering an Environment Conducive to Democracy and Freedom
30 Priority 3: Promoting Women’s Rights
36 Priority 4: Fighting Discrimination and Violence Based on Sexual Orientation and
Gender
42 Priority 5: Promoting the Rights of Migrants
48 Priority 6: Fighting Impunity and Protecting Populations from the Most Serious
Crimes
57 Priority 7: Promoting Respect for Human Rights by Economic Players
68 Organisational Development
77 Financial Report
78 Acknowledgements

May 2016, Mother’s Day: Groups from all Mexican states coming together to demand justice and truth about forced
disappearances. © Karine Bonneau

FIDH Annual Report 2017 2


President’s letter

Dear Friends,

It is my pleasure to share with you FIDH’s Annual Report for 2017.

These 12 months have seen renewed attacks on human rights, on civil society, on the Rule of Law.
More than ever before, we are seeing a move away from democracy and an exacerbation of
inequality in every region of the world. Those who defend human rights have found themselves once
more the targets of violence, repression and harassment.

Along with old-fashioned authoritarianism, which makes the lives of citizens and human rights
defenders unbearable, we are witnessing the emergence of a ‘new’ governance style that one could
call post-fascist: it is not traditional fascism, yet it shares with it the basic premise of far-right
ideology, which is a genuine disregard for universal human dignity. While we were briefly relieved in
2017 by the results of the Dutch and French elections, we cannot ignore the long-lasting nature of
the ideological changes occurring around the world.

The greatest threat against human rights today is the very idea that rights do not matter; that what
matters is effective governance that provides security. This is what unites Trump with Putin, and
disregards rights as an unreasonable luxury. Human rights defenders are treated as internal enemies
or, at best, as Don Quixotes. The greatest challenge for the global human rights movement is this
cynicism disguised as realism; fighting back for human rights means deconstructing this narrative.
We are neither Don Quixotes, nor victims. Human rights defenders are protagonists of history.

In this challenging context, the strength of our Federation – to connect, to collaborate and to amplify
– has never been more evident, or more necessary. It is our capacity for collective mobilisation and
action which allows us to fight back for human rights.

Whether it be documenting rights violations, advocating before national authorities and international
bodies, activating strategic legal proceedings or leveraging social media to shine a light on the most
pressing issues, our work in 2017 has been guided by local needs and strengthened by a range of
partnerships.

Together, we have shared our struggle. And together, we have welcomed progress: the release of
human rights defenders from arbitrary detention, Tunisia’s groundbreaking law to end violence
against women, an EU Court of Justice ruling on freedom of movement for same-sex spouses as well
as the EU’s more constructive engagement on the process for a binding treaty on business and
human rights, and the ICC’s announcements on Burundi and Afghanistan are just some examples.

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This report reflects the great diversity of our Federation, and the untiring commitment of our staff,
our Board, our members and partners. Among these, of course, is Antoine Bernard, who stepped
down as CEO of FIDH in September 2017 after 26 years of developing and shaping the International
Secretariat. We salute Antoine’s engagement and contribution, which contributed to many of the
actions and results detailed in this report.

Thank you for your interest in our work, and for your support.

Dimitris Christopoulos
President
Professor at Panteion University, Athens

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Our Fundamentals

Mandate: the protection of all rights


FIDH is an international NGO that defends all human rights - civil, political, economic, social and
cultural - as stated in the Universal Declaration of Human Rights.

Our commitment: three pillars of action


FIDH acts in conjunction with its member and partner organisations. Its actions are founded on three
strategic pillars: securing the freedom and capacity to act for human rights defenders, the
universality of rights and their effectiveness.

Guiding principle: the accountability of all


FIDH’s work is directed at states as primary human rights guarantors. However, it also addresses
non-state actors such as armed groups and multinational corporations. FIDH is committed to
holding individual perpetrators of international crimes to account through the international criminal
justice system.

FIDH’s governing ethic: independence and objectivity


FIDH is a non-partisan, non-sectarian, apolitical and not-for-profit organisation. Its International
Secretariat is headquartered in France, where FIDH is a recognised NGO. FIDH’s independence,
expertise and objectivity are the hallmarks of its credibility. It maintains this by acting with complete
transparency.

Interaction: local presence and global action


As a federal movement, FIDH operates on the basis of interaction with its member organisations. It
ensures that FIDH merges on-the-ground experience and knowledge with expertise in international
law, mechanisms of protection and intergovernmental bodies. This unique combination translates
into joint actions between FIDH and its member organisations at national, regional and international
levels to remedy human rights violations and consolidate processes of democratisation. It makes
FIDH highly representational and legitimate.

A system of governance: universality and transparency


FIDH’s structure and operations place its member organisations at the heart of the decision making
process, and reflect its principles of governance.

The Congress
• Is composed of FIDH’s member organisations: 184 as of the end of the FIDH Congress in
Johannesburg in 2016;
• Meets every three years;
• Discusses the FIDH thematic and geographical priorities and decides on FIDH’s policy
orientations.

The International Board

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• Comprises 22 volunteers from FIDH member organisations. The Board is elected by the
Congress and consists of the President, the Treasurer, 15 Vice-Presidents and 5 Secretaries-
General;
• Determines FIDH’s main strategic goals and orientations, according to the policy orientations
set by the Congress, and approves the annual accounts;
• Meets three times a year and reports to the Congress.

The Executive Board


• Is composed of the President, the Treasurer, 5 Secretaries-General and 5 Deputy Secretaries-
General;
• Prepares and organises the meetings of the International Board;
• Meets once a month and reports to the International Board.

The International Secretariat


• Based in Paris, it is composed of a team of professionals managed by a Chief Executive
Officer and an Executive Director, who sit as non-voting advisory members of the International
and Executive Boards. The team is structured by regions, action priorities, and delegations.
The International Secretariat has permanent delegations at the United Nations in New York
and Geneva, at the European Union in Brussels, before the International Criminal Court in The
Hague, as well as a regional office in Tunis; and offices in conjunction with member
organisations in Conakry, Abidjan, Bangui and Bamako. It also comprises a Communications
and Public Relations department, and an Administrative and Finance Department.
• In permanent contact with the actors in the field, the International Secretariat implements the
decisions of the FIDH policy-making bodies in conjunction with the member organisations,
chargés de mission, and members of the International and Executive Boards.

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Member Organisations

AFGHANISTAN, Armanshahr/Open Asia / ALBANIA, Albanian Human Rights Group (AHRG) /


ALGERIA, Collectif des familles de disparu(e)s en Algérie (CFDA) / ALGERIA, Ligue Algérienne de
défense des droits de l’homme (LADDH) / ANGOLA, Associação Justiça Paz e Democracia (AJPD) /
ARGENTINA, Centro De Estudios Legales y Sociales (CELS) / ARGENTINA, Comité De Acción Jurídica
(CAJ) / ARGENTINA, Liga Argentina Por Los Derechos Del Hombre (LADH) / ARMENIA, Civil Society
Institute (CSI) / AUSTRIA, Osterreichische Liga Fur Menschenrechte (OLFM) / BAHRAIN, Bahrain
Center For Human Rights (BCHR) / BAHRAIN, Bahrain Human Rights Society (BHRS) /
BANGLADESH, Odhikar / BELARUS, Human Rights Center Viasna / BELGIUM, Liga Voor
Menschenrechten (LVM) / BELGIUM, Ligue Des Droits De L’Homme – Belgique / BENIN, Ligue Pour
La Défense Des Droits De L’Homme Au Benin (LDDHB) / BOLIVIA, Asamblea Permanente De
Derechos Humanos De Bolivia (APDHB) / BOTSWANA, The Botswana Centre For Human Rights –
Ditshwanelo / BRAZIL, Justiça Global (CJG) / BRAZIL, Movimento Nacional De Direitos Humanos
(MNDH) / BURKINA FASO, Mouvement Burkinabé Des Droits De L’Homme Et Des Peuples (MBDHP) /
BURMA, Altsean Burma / BURUNDI, Ligue Burundaise Des Droits De L’Homme (Iteka) / CAMBODIA,
Cambodian Human Rights And Development Association (ADHOC) / CAMBODIA, Ligue
Cambodgienne De Défense Des Droits De L’Homme (LICADHO) / CAMEROON, Maison Des Droits De
L’Homme (MDH) / CANADA, Canadian Centre for International Justice (CCIJ) / CANADA, Ligue Des
Droits Et Des Libertés Du Québec (LDL) / CENTRAL AFRICAN REPUBLIC, Ligue Centrafricaine Des
Droits De L’Homme (LCDH) / CENTRAL AFRICAN REPUBLIC, Organisation Pour La Compassion Des
Familles En Détresse (OCODEFAD) / CHAD, Association Tchadienne Pour La Promotion Et La Défense
Des Droits De L’Homme (ATPDH) / CHAD, Ligue Tchadienne Des Droits De L’Homme (LTDH) / CHILE,
Corporacion De Promocion Y Defensa De Los Derechos Del Pueblo (CODEPU) / CHILE, Observatorio
Cuidadano / CHINA, China Labour Bulletin (CLB) / CHINA, Human Rights In China (HRIC) / CHINA
(TIBET), International Campaign For Tibet (ICT) / COLOMBIA, Comite Permanente Por La Defensa De
Los Derechos Humanos (CPDH) / COLOMBIA, Corporacion Colectivo De Abogados José Alvear
Restrepo (CCAJAR) / COLOMBIA, Instituto Latinoamericano De Servicios Legales Alternativos
(ILSA) / COLOMBIA, Organización Femenina Popular (OFP) / CONGO, Observatoire Congolais Des
Droits De L’Homme (OCDH) / CROATIA, Civic Committee For Human Rights (CCHR) / CUBA, Comision
Cubana De Derechos Humanos Y Reconciliacion National (CCHDN) / CZECH REPUBLIC, Human
Rights League (HRL) - Liga Lidskych Prav / DEMOCRATIC REPUBLIC OF CONGO, Association
Africaine Des Droits De L’homme (ASADHO) / DEMOCRATIC REPUBLIC OF CONGO, Groupe Lotus /
DEMOCRATIC REPUBLIC OF CONGO, Ligue Des Électeurs (LE) / DJIBOUTI, Ligue Djiboutienne Des
Droits Humains (LDDH) / DOMINICAN REPUBLIC, Comisión Nacional De Los Derechos Humanos Inc
(CNDHRD) / ECUADOR, Acción Ecológica / ECUADOR, Comisión Ecuménica De Derechos Humanos
(CEDHU) / ECUADOR, Fundación Regional De Asesoria En Derechos Humanos (INREDH) / EGYPT,
Cairo Institute For Human Rights Studies (CIHRS) / EGYPT, Egyptian Initiative for Personal Rights
(EIPR) / EGYPT, Egyptian Organization For Human Rights (EOHR) / EGYPT, Human Rights
Association For The Assistance Of Prisoners (HRAAP) / EL SALVADOR, Comision De Derechos
Humanos Del Salvador (CDHES) / ETHIOPIA, Human Rights Council (HRCO) / EUROPE, Association
Européenne Pour La Défense Des Droits De L’Homme (AEDH) / FINLAND, Finnish League For Human
Rights (FLHR) – Ihmisoikeusliitto / FRANCE, Ligue Des Droits De L’Homme Et Du Citoyen (LDH) /

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FRANCE (FRENCH POLYNESIA), Ligue Polynésienne Des Droits Humains (LPDH) / FRANCE (NEW
CALEDONIA), Ligue Des Droits Et Du Citoyen De Nouvelle Calédonie (LDHNC) / GEORGIA, Human
Rights Center (HRIDC) / GERMANY, Internationale Liga Fur Menschenrechte (ILMR) / GREECE,
Hellenic League For Human Rights (HLHR) / GUATEMALA, Centro De Acción Legal En Derechos
Humanos (CALDH) / GUINEA-BISSAU, Liga Guineense Dos Direitos Humanos (LGDH) / GUINEA,
Mêmes droits pour tous (MDT) / GUINEA- CONAKRY, Organisation Guinéenne De Défense Des Droits
De L’Homme Et Du Citoyen (OGDH) / GULF, Gulf Center for Human Rights (GCHR) / HAITI, Centre
Oecumenique Des Droits Humains (CEDH) / HAITI, Réseau National De Défense Des Droits De
L’Homme (RNDDH) / HONDURAS, Centro De Investigación Y Promoción De Los Derechos Humanos
(CIPRODEH) / HONDURAS, Comité de Familiares de Detenidos-Desaparecidos en Honduras
(COFADEH) / INDIA, Commonwealth Human Rights Initiative (CHRI) / INDIA, People’s Watch /
INDONESIA, KontraS / IRAN, Defenders Of Human Rights Center In Iran (DHRC) / IRAN, Justice for
Iran (JFI) / IRAN, Ligue Pour La Défense Des Droits De L’Homme En Iran (LDDHI) / IRELAND, Free
Legal Advice Centres Limited (FLAC) / IRELAND, Irish Council For Civil Liberties (ICCL) / ISRAEL,
Adalah / ISRAEL, Association For Civil Rights In Israel (ACRI) / ISRAEL, B’tselem / ISRAEL, Public
Committee Against Torture In Israel (PCATI) / ITALY, Lega Italiana Dei Diritti Dell’uomo (LIDU) / ITALY,
Unione Forense Per La Tutela Dei Diritti Dell’uomo (UFTDU) / IVORY COAST, Ligue Ivoirienne Des
Droits De L’homme (LIDHO) / IVORY COAST, Mouvement Ivoirien Des Droits Humains (MIDH) /
JAPAN, Center For Prisoners’ Rights (CPR) / JORDAN, Amman Center For Human Rights Studies
(ACHRS) / KAZAKHSTAN, Public Foundation “International Legal Initiative” (ILI) / KAZAKHSTAN,
Kazakstan International Bureau for Human Rights and Rule of Law (KIBHR) / KENYA, Kenya Human
Rights Commission (KHRC) / KUWAIT, Human Line Organisation (HLO) / KYRGYZSTAN, Human
Rights Movement (Bir Duino-Dyrgyzstan) / KYRGYZSTAN, Kylym Shamy / KYRGYZSTAN, Legal Clinic
Adilet / LAOS, Mouvement Lao Pour Les Droits De L’Homme (MLDH) / LATVIA, Latvian Human Rights
Committee (LHRC) / LEBANON, Centre Libanais des Droits Humains (CLDH) / LEBANON, Palestinian
Human Rights Organization (PHRO) / LIBERIA, Regional Watch For Human Rights (LWHR) / LIBYA,
Human Rights Association for Recording and Documenting War Crimes and Crimes Against
Humanity / LIBYA, Libyan League For Human Rights (LLH) / LITHUANIA, Lithuanian Human Rights
Association (LHRA) / MALAYSIA, Suara Rakyat Malaysia (Suaram) / MALI, Association Malienne Des
Droits De L’Homme (AMDH) / MALTA, Malta Association Of Human Rights (MAHR) Fondation De
Malte / MAURITANIA, Association Mauritanienne Des Droits De L’Homme (AMDH) / MEXICO,
Comision Mexicana De Defensa Y Promocion De Los Derechos Humanos (CMDPDH) / MEXICO, Liga
Mexicana Por La Defensa De Los Derechos Humanos (LIMEDDH) / MOLDOVA, Promo-LEX /
MOROCCO, Association Démocratique des Femmes du Maroc (ADFM) / MOROCCO, Association
Marocaine Des Droits Humains (AMDH) / MOROCCO, Organisation Marocaine Des Droits De
L’Homme (OMDH) / MOZAMBIQUE, Liga Mocanbicana Dos Direitos Humanos (LMDDH) /
NICARAGUA, Centro Nicaraguense De Derechos Humanos (CENIDH) / NIGER, Association Nigerienne
Pour La Défense Des Droits De L’Homme (ANDDH) / NIGERIA, Civil Liberties Organisation (CLO) /
NORTHERN IRELAND, Committee On The Administration Of Justice (CAJ) / NORWAY, Norwegian
Helsinki Committee (NHC) / PAKISTAN, Human Rights Commission Of Pakistan (HRCP) /
PALESTINE, Al Haq / PALESTINE, Al Mezan Center for Human Rights (Al Mezan) / PALESTINE,
Palestinian Centre For Human Rights (PCHR) / PALESTINE, Ramallah Centre For Human Rights
Studies (RCHRS) / PANAMA, Centro De Capacitación Social De Panamá (CCS) / PERU, Asociacion
Pro Derechos Humanos (APRODEH) / PERU, Centro De Derechos Y Desarrollo (CEDAL) / PERU,

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Equidad / PHILIPPINES, Philippine Alliance Of Human Rights Advocates (PAHRA) / POLAND, Polish
Society of Anti-Discrimination Law (PSAL) / PORTUGAL, Civitas / ROMANIA, The League For The
Defense Of Human Rights (LADO) / RUSSIA, Anti-Discrimination Center Memorial (ADC Memorial) /
RUSSIA, Citizens’ Watch (CW) / RUSSIA, Memorial HRC – Moscow / RWANDA, Association
Rwandaise Pour La Défense Des Droits De La Personne Et Des Libertés Publiques (ADL) / RWANDA,
Ligue Rwandaise Pour La Promotion Et La Défense Des Droits De L’Homme (LIPRODHOR) /
SENEGAL, Ligue Sénégalaise des Droits Humains (LSDH) / SENEGAL, Organisation Nationale Des
Droits De L’Homme (ONDH) / SENEGAL, Rencontre Africaine Pour La Défense Des Droits De L’Homme
(RADDHO) / SOUTH AFRICA, Lawyers for human rights (LHR) / SOUTH KOREA, People’s Solidarity for
Participatory Democracy (PSPD) / SPAIN, Asociacion Pro Derechos Humanos De Espana (APDHE) /
SPAIN, Federacion De Asociaciones De Defensa Y Promocion De Los Derecho (FDDHH) / SUDAN,
African Center For Justice And Peace Studies (ACJPS) / SUDAN, Sudan Human Rights Monitor
(SUHRM) / SWITZERLAND, Ligue Suisse Des Droits De L’homme (LSDH) / SYRIA, Al Marsad / SYRIA,
Committees For The Defense Of Democracy Freedoms And Human Rights (CDF) / SYRIA, Damascus
Center For Human Rights Studies (DCHRS) / SYRIA, Syrian Center for Media and Freedom of
Expression (SCM) / TAIWAN, Taiwan Association For Human Rights (TAHR) / TAJIKISTAN, Tajik
“Bureau on Human Rights and Rule of Law” (BHR) / TANZANIA, The Legal And Human Rights Centre
(LHRC) / THAILAND, Internet Law Reform Dialogue (iLaw) / THAILAND, Union For Civil Liberties (UCL)
/ THE NETHERLANDS, Liga Voor De Rechten Van De Mens (LVRM) / TOGO, Ligue Togolaise Des
Droits De L’Homme (LTDH) / TUNISIA, Association Tunisienne Des Femmes Démocrates (ATFD) /
TUNISIA, Doustourna / TUNISIA, Forum tunisien pour les droits économiques et sociaux (FTDES) /
TUNISIA, Ligue Tunisienne Des Droits De L’Homme (LTDH) / TURKEY, Human Rights Foundation Of
Turkey (HRFT) / TURKEY, Insan Haklari Dernegi (IHD) / TURKEY, Insan Haklari Dernegi (IHD) Diyabakir
/ UGANDA, Foundation For Human Rights Initiative (FHRI) / UKRAINE, Center for Civil Liberties
(CLC) / UNITED KINGDOM, Liberty / UNITED STATES OF AMERICA, Center For Constitutional Rights
(CCR) / UNITED STATES OF AMERICA, Center For Justice & Accountability (CJA) / UZBEKISTAN,
Association internationale de défense des droits de l’Homme “Club des cœurs ardents” /
UZBEKISTAN, Human Rights Society Of Uzbekistan (HRSU) / UZBEKISTAN, Legal Aid Society (LAS) /
VIETNAM, Comité Vietnam Pour La Défense Des Droits De L’Homme (CVDDH) / YEMEN, Human
Rights Information And Training Center (HRITC) / YEMEN, Sisters’ Arab Forum For Human Rights
(SAF) / ZIMBABWE, Zimbabwe Human Rights Association (Zimrights).

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International Board

FIDH Annual Report 2017 10


Priority 1: Supporting Human Rights Defenders

Context and challenges

Human rights defenders (HRDs, or defenders) are actively involved in sustainable development, the
construction of peace and the consolidation of the rule of law and liberties. Defenders work with
states to help them meet their international commitments to human rights. But when their actions
overlap with the interests of powerful individual stakeholders, they are often the targets of violent
repression.

Several hundred defenders were assassinated in 2017, especially in Colombia, Guatemala, Honduras,
Mexico, and the Philippines. These assassinations were often preceded by threats, acts of
intimidation, and smear campaigns which authorities frequently ignored. The rate of attacks against
defenders is still alarmingly high. In 2017, dozens of defenders continued to leave countries like
Burundi and Bangladesh because of fear for their safety.

At the same time, we are witnessing an increasing criminalisation of defenders’ legitimate activities
to promote or protect human rights. There are an increasing number of charges of “disturbing the
peace”, “espionage”, “violating the image of the State”, or “unauthorised access to foreign funds”.
Some countries are aggressively persecuting defenders, such as Bahrain, China, Egypt, Iran, Turkey,
and Vietnam. Others, such as Cambodia, Bangladesh, Honduras, Guatemala, Mauritania, Sudan, and
Rwanda target certain defenders in an attempt to intimidate and repress the human rights
movement. Defenders who are victims of legal harassment are often subjected to expedited or
conversely drawn-out trials. This becomes a sort of punishment in and of itself and prevents them
from devoting themselves to their pro-human rights activities.
Certain defenders have been detained for months or even years. Their situation is particular cause
for concern and requires special attention. Key examples include: Abdulhadi Al-Khawaja and Nabeel
Rajab in Bahrain; Azimjan Askarov in Kyrgyzstan; Abdolfattah Soltani and Narges Mohammadi in
Iran; Alaa Abdel Fattah in Egypt.

The trivialisation of speech against independent justice and checks to power – such as the media
and civil society in Europe and the United States (US) – contribute to a climate that is injurious to
human rights defenders. Defenders are often portrayed as obstacles to development, enemies of the
State, traitors, criminals, and targets that should be taken down. Government and non-state
stakeholders question human rights, their scope and universality, citing political, economic, cultural,
religious, or safety reasons. As a result, this rhetoric renders individuals, movements, and civil
society organisations more vulnerable. The scope of action for defenders worldwide is ever
decreasing.

In addition, the situation of defenders varies significantly depending on the context in which they find
themselves or the rights they defend. In the most severe cases, in totalitarian countries such as
North Korea, Eritrea, and Turkmenistan, it is nearly or completely impossible to defend human rights.
Defenders are forced into hiding or exile.

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Human rights defenders who work in countries with authoritarian regimes or tendencies are also
subjected to intense repression (i.e. Algeria, Saudi Arabia, Azerbaijan, Bahrain, Bangladesh, Burundi,
Cambodia, China, Cuba, Egypt, Ethiopia, Russia, Iran, Gulf states, The Democratic Republic of the
Congo (DRC), Turkey, Sudan, Vietnam, and Zimbabwe). In these countries, authorities considerably
restrict civil society’s scope of freedom and do not hesitate to free themselves from the law with the
support of a complicit judiciary by adopting laws that increasingly constrict freedoms. They do this
by limiting NGOs’ access to funding, imposing conditions on registration, and scrutinising the
activities of associations, as well as by criminalising the freedom of expression for dissidents, or the
right to demonstrate in public (even peacefully). This model of using legislation as a weapon is
exported from one country to another with the aim of stifling any denunciation of human rights
violations.

The situation of human rights defenders is especially fragile in areas of conflict and where there are
violent non-state groups. In these cases, defenders who record violations or fight against impunity
are the target of attacks, kidnappings, or assassinations, as the parties in conflict believe that they
are in league with one side or another (i.e. in Libya, DRC, Syria, Chechnya/Russia, Turkey, and
Yemen).

In other countries that are the targets of fundamentalist religious movements, those who defend the
right to the freedoms of speech, religion, or women are victims of particularly heinous acts of
violence. (i.e. Afghanistan, Saudi Arabia, Burma, India, Libya, and Pakistan).

Given that conflicts over land rights and natural resources are on the rise, land and environmental
defenders are increasingly repressed. More and more defenders, community leaders, heads of
indigenous communities, journalists, and NGO activists that are actively involved with these issues
are victims of violent acts and criminalisation campaigns, especially in Latin America (Brazil, Chile,
Colombia, Ecuador, Guatemala, Honduras, Mexico, and Peru); Asia (Burma, Indonesia, Malaysia,
Philippines, and Thailand); and Africa (Cameroon, Liberia, Uganda, and Sierra Leone).

Finally, generally, human rights defenders who defend marginalised and repressed members of
society are often repressed and marginalised as well. Defenders of women’s rights, the rights of
lesbian, gay, bisexual, transgender, and intersex persons (LGBTI), migrants, indigenous people, and
religious minorities are often subjected to discrimination, criminalisation, and are frequently victims
of heinous crimes.

In this context that is not conducive to human rights, defenders – especially those that are isolated
and have limited resources – need help. They need emergency protective measures when they are
threatened, or to prevent repression. They need support to make their situation known to the media
and social networks, and to call upon regional and international defender protection networks to
react. Also, identifying those who are responsible for the repression and putting pressure on them
can help mitigate threats. When faced with imminent risks, it is sometimes necessary to make sure
defenders’ homes and offices are safe or to help relocate them temporarily or permanently.
Furthermore, in recent years, because of the surveillance and hacking tools used by repressors, it has
become necessary to train and equip defenders so as to secure their communication and data. In

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addition, when defenders are threatened with legal action, monitoring their trials is a way of shining a
light on the arbitrary nature of legal proceedings and demanding the defenders’ release.

Tackling the causes of attacks against defenders, not just the symptoms, is equally essential to
providing long-term support for the work of defenders. The fight against impunity for perpetrators of
human rights violations before national courts or regional and international bodies is a major
challenge in this regard. Based on documentation of the working environment of defenders,
advocacy targeting local authorities, intergovernmental organisations as well as with private
stakeholders is also essential, to achieve reform of repressive laws and to change attitudes towards
defenders.

FIDH and its member organisations: action and results

ProtectDefenders.eu
ProtectDefenders.eu is the European Union (EU) Human Rights Defenders mechanism,
established to protect defenders at high risk and facing the most difficult situations worldwide.
The mechanism is led by a Consortium of 12 NGOs active in the field of human rights.

Front Line Defenders, Reporters Without Borders, the World Organisation Against Torture (OMCT)
and FIDH form the Board of ProtectDefenders.eu.
ProtectDefenders.eu provides a stable, comprehensive and gender-sensitive EU support to
individuals and local actors who strive to promote and defend human rights worldwide.

ProtectDefenders.eu is committed to reaching human rights defenders working in remote areas


and countries where it is particularly dangerous to work in human rights defence. It also focuses
on defenders who are especially targeted, including women human rights defenders, defenders of
LGBTI rights, land and environmental rights defenders, economic and social rights defenders,
defenders of minorities, lawyers, and those fighting for freedom of expression and association.

Throughout 2017, FIDH strengthened synergies with the other 11 ProtectDefenders Consortium
partners on various HRD defender-protection related components. This resulted in the development
of a culture of "togetherness" among the 12 partners, aiming to enhance complementarity and avoid
duplication. Accordingly, a broader audience of HRDs has been reached, and personalised protection
strategies have been discussed and tailored for a large number of individual cases of HRDs or NGOs
facing harassment. In some instances, exchanges among the 12 partners and use of the respective
implementing partners’ networks also led to a faster verification process for the allocation of
financial assistance.

This coordination effort and collaborative approach lead to more visibility in the media and social
networks on the situation of human rights defenders at risk. As a result, the degree of repression and
threats faced by some human rights defenders has been mitigated and they have been able to

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pursue their activities for the respect and promotion of human rights and fundamental freedoms at
the local level.

The Observatory
In 1997, FIDH pioneered safeguarding human rights defenders by creating a unique programme
devoted to this issue in partnership with the OMCT: the Observatory for the Protection of Human
Rights Defenders (the Observatory). FIDH’s mission, through the work of the Observatory, is to
take action in support of individuals, whatever their status, title or function, who are exposed to
reprisals as a result of their human rights activities. The objective is to ensure that the voices of
non-profit organisation workers and campaigners, lawyers, journalists, trade unionists, rural and
community leaders and ordinary citizens are heard, and that they are no longer left isolated and
marginalised.

The Observatory has developed many ways to take action in response to the demands and
specific nature of each situation: issuing and distributing urgent alerts in six languages;
providing emergency grants (medical, psychological and legal support; help with relocation) and
capacity grants; prison visits; judicial observation and defence; national and international
advocacy; investigative missions; public campaigns on social media and the internet; urgent
advocacy directed at actors of social change; initiating legal and paralegal recourse; analysing
and reporting on repressive trends; and consolidating the intergovernmental system for
protecting defenders (‘inter-mechanism’ process and advocacy).

In 2017, FIDH contributed to: the release of HRDs in countries such as Algeria, Belarus, Cambodia,
Cameroon, Colombia, Chad, Chile, Djibouti, DRC, Ecuador, Egypt, Mauritania, Sudan, Tanzania,
Thailand, Turkey, Zimbabwe; the relocation or emergency relocation of human rights defenders at
risk (Burundi, DRC, Ecuador, Honduras, Kyrgyzstan, Mexico, Zimbabwe); the improvement of the
security of communications and offices of human rights defenders (Bolivia, Honduras, Israel,
Palestine, Tanzania, Guatemala); the coverage of legal costs for human rights defenders facing
criminalisation (Bahrain, Burma, Cameroon, Sierra Leone, Sri Lanka, Sudan). FIDH also increasingly
reached out to more grassroots, specialised and vulnerable NGOs, with synergies being developed
between the various types of protection actions.

Objective: Protect human rights defenders in situations of insecurity

Intended outcome: Defenders escape repression and are better protected

In Sudan, the Observatory closely followed the trial of six human rights defenders launched before
Sudanese courts, issuing urgent alerts and providing material assistance. Three were not detained
throughout the course of the trial, and had their charges eventually dropped in January 2017. The
trial proceedings were marked by serious concerns not only regarding the unfounded nature of the
charges, but also the non-compliance with international and regional human rights standards on the
right to a fair trial, including the right to a public hearing. The defendants were not given a written list

FIDH Annual Report 2017 14


of the charges they faced, nor copies of the evidence for the alleged crimes in order to prepare a
defence for court sessions. A number of civil society activists, including journalists, were obstructed
from attending the trial by court police and subjected to harassment and intimidation, including
having their photos taken during court sessions. In March 2017, after 24 court sessions, the three
who remained detained, Khalafalla Al-Afif Mukhtar, Midhat A. Hamdan and Mustafa Adam, were
released.

In Turkey, throughout 2017, FIDH undertook a trial observation mission regarding the judicial
harassment of human rights defenders Şebnem Korur Fincancı, President of the Human Rights
Foundation of Turkey (HRFT), Erol Önderoğlu, Turkey Representative of Reporters Without Borders
(RWB), and Ahmet Nesin, journalist, as well as of Murat Çelikkan, journalist and co-director of Hafıza
Merkezi. The trial continued into 2018.
FIDH also observed the Turkish trial of Leven Piskin, a human rights defender criminalised for his
defence of civil, political and LGBTI rights.

In Kazakhstan, FIDH observed a hearing where the Almaty City Court upheld the decision of the
Specialized Inter-District Economic Court of Almaty which had concluded that the NGO International
Legal Initiative (ILI) had failed to pay corporate income tax, and accordingly condemned the NGO to
pay a 3,700-euro fine. In July 2017, ILI paid the amount of 3,900 euros, including fine and penalties,
but the organisation filed a cassation complaint to challenge this court decision. In parallel, FIDH
provided a grant to the NGO which prevented its immediate dissolution.

Seven Moroccan human rights defenders have been the target of judicial harassment since 2014 for
their activities in favour of freedom of expression in the country. FIDH has continued to provide
support and trial observations but the Moroccan courts have continually postponed their trial. In
2017, the lawyer mandated by FIDH participated in press conferences organised by the support
committee of the seven harassed defenders in order to guarantee increased visibility of the case in
the media. The next hearing will be held in June 2018.

FIDH allocated grants to a human rights defender working in favour of land rights in Ecuador, an
LGBTI rights defender in Kyrgyzstan, and a defender in Mexico who had faced reprisals and
criminalisation for their work. With the grants, the human rights defenders were able to temporary
relocate in order to escape harassment and threats.

Intended outcome: Defenders and NGOs, especially the most vulnerable, strengthened in their capacity to
protect themselves from risk of repression

Throughout 2017, FIDH helped human rights defenders from Burundi, the Democratic Republic of
Congo, Ecuador, Kyrgyzstan and Mexico to quickly implement security measures to protect
themselves, their work and their relatives, and to respond to security threats faced individually.

FIDH gave support to NGOs and HRDs from Guatemala, Palestine, Tanzania, Israel, and Cameroon to
quickly implement security measures to protect staff and work, and helped HRDs from Cambodia
and Chad receive medical support following ill-treatment as a result of their work. In Chad, FIDH

FIDH Annual Report 2017 15


allocated a grant to cover part of the medical costs of Maoundoe Declador, Spokesperson of the
“This Must Change” collective (collectif “Ça doit changer”), detained incommunicado between May
and June 2017 by the National Security Agency and then by the Moundou gendarmerie, and whose
health significantly deteriorated while in detention. The grant allowed Mr. Declador to recover from ill-
treatment suffered while detained, and to continue his human rights activities.

Focus on: Tanzania


Jamii Media Co. Ltd hosts two of the most popular news websites in Tanzania: JamiiForum and
FikraPeru, both reporting on current issues including politics, education, corruption and the
promotion of freedom of expression in the country. In late 2016, Jamii Media Managing Director
Maxence Melo was arrested and held into police custody, following complaints from people being
‘affected’ by some posts and discussions held on JamiiForum. Melo was asked to provide data of
online users and refused to do so while in custody. The premises of Jamii Media and Melo’s home
were subsequently searched without any warrant provided by the police, and Jamii Media staff
members were interrogated within the premises. Jamii Media therefore requested support for greater
security measures, notably in terms of office security, from FIDH, Front Line Defenders and the
Swedish Embassy in Dar es-Salam. In coordination with these stakeholders, FIDH agreed to
contribute to the installation of a CCTV and alarm system for the organisation. As three judicial
cases were ongoing against Jamii Media representatives as of the end of the reporting period, the
security of their offices allowed staff to continue working in a more enabling environment.

Intended outcome: Decision-makers take more action to protect defenders

FIDH has continued to undertake public mobilisation and advocacy to complement the direct
support and urgent actions implemented to protect defenders. FIDH sensitises and mobilises supra-
national decision-makers to respond to human rights defenders’ challenges in a given country, to
create adequate protection mechanisms and use all the levers at its disposal to promote respect and
protection of human rights through appeals, statements, documentation, and meetings before
national, regional and international authorities.

Strategic litigation activities before national courts, regional and international human rights
protection bodies also continued in 2017. FIDH aims to determine governmental or individual
responsibility in emblematic defender’s rights cases, to support victims’ rights to justice and to
improve in a more structural way the capacity of local civil societies to act, by working for of case
law favourable to activities in defence of fundamental freedoms.

Focus on: Egypt


FIDH’s mobilisation on Egypt at intergovernmental and national levels resulted in a number of
official public declarations or private steps towards the Egyptian authorities, notably:

• The conclusions of the seventh meeting of the EU-Egypt Association Council, which echoed
FIDH’s concerns on civil society, human rights defenders, arbitrary detentions, and conditions
in prisons. Among other issues, the EU is concerned “about the progressive restriction of
space for civil society and the pressure put on human rights organisations and defenders”;

FIDH Annual Report 2017 16


• The EU and EU member States echoed concerns on Egypt, including the need to tackle
terrorism in full respect of international human rights standards, and the need to improve
respect for civil and political rights, on the occasion of Item 4 (Human Rights Situations that
require the Council’s attention) of the March and September sessions of the UN Human
Rights Council;

• The EU Council Conclusions on EU Priorities in UN Human Rights Fora in early 2018 calling
on several states, including Egypt, to stop restricting fundamental freedoms (freedom of
opinion and expression, freedom of assembly and association);

• FIDH contributed to the drafting of European Parliament resolution of 8 February 2018 on


executions in Egypt. The resolution expresses grave concerns at the ongoing restrictions on
democratic rights, denounces the use of torture and ill-treatment and condemns the use of
capital punishment.

• The French President Macron shared with President Al Sisi a list of detained or prosecuted
Human rights defenders, contributing to the release of two of them, and leading to the
setting-up of a bilateral dialogue on human rights between the Egyptian and the French
authorities.

Focus on: Russia


As of April 2017, FIDH was among the first organisations to advocate before European institutions
on the targeting of LGBTI persons in Chechnya, encouraging an early and strong reaction by the
European External Action Service (EEAS), the EU Delegation in Moscow and the Member States in
the Foreign Affairs Council. The Statement by the Spokesperson on the human rights abuses of gay
men in Chechnya, dated 6 April 2017, mentioned the reports by international human rights
organisations and by the media of over a hundred gay men in the Russian Republic of Chechnya who
have been abducted as part of a coordinated campaign.

The EEAS Statement on the detention of the Director of the Memorial Human Rights Centre in the
Chechen Republic, issued on 11 January 2018 and the European Parliament resolution of 8 February
2018 on Russia, the case of Oyub Titiev and the Human Rights Centre Memorial are examples of
reactions on the part of EU institutions supporting individual cases of human rights defenders and
criticising the worrying situation as condemned and denounced by FIDH and its partners for many
years.

Focus on: DRC


A meeting on the DRC organised at the EU in Brussels made it possible to alert the European
institutions to the repression of civil society, in particular defenders of the right to free and
transparent elections. This mobilisation contributed in particular to the adoption of Resolution
2017/2703(RSP) on 14 June 2017 on the situation in the DRC by the European Parliament. The
resolution condemns all human rights violations, including acts of violence by all perpetrators,

FIDH Annual Report 2017 17


arbitrary arrests and illegal detentions, and demands the immediate release of those unlawfully
detained, including journalists, opposition members and civil society representatives.

Focus on: Saudi Arabia


Between April and July 2017, FIDH and OMCT undertook in-depth documentary research and more
than a dozen long-distance interviews which led to the publication in early 2018 of the report
Condemned to Silence, on the discrimination against women and women’s rights defenders in Saudi
Arabia. The findings were crucial to advocacy in a situation where fact-finding missions and dialogue
with key stakeholders are impossible.
On 31 May 2018, the European Parliament voted a strong resolution for women's rights defenders in
Saudi Arabia following key advocacy meetings on the basis of the report.

At national level and in the context of bilateral relations, French President Macron shared a list of
detained HRDs with Crown Prince Mohamed Bin Salman on the occasion of his visit to Paris in May
2017.

Focus on: Bahrain


Throughout 2017 FIDH has continued its mobilisation, particularly before various EU institutions, on
the case of Nabeel Rajab, imprisoned since 2016 for having publicly denounced, in various tweets,
interviews and articles, the war in Yemen led by the Saudi coalition, and the use of torture in Bahraini
prisons.

At the UN Human Rights Council of March 2017, the UN High Commissioner for HR noted that: "In
Bahrain, human rights defenders and civil society organisations continue to suffer from intimidation,
harassment and restrictions. The recent, and deeply regrettable, five-year sentence against Nabeel
Rajab over a tweet is yet another serious setback for Bahrain’s international reputation".

Since July 2017 the European External Action Service has adopted regular Statements calling for
Rajab’s release, and a further result has been seen in 2018 with the European Parliament calling for
sanctions against Bahrain.

Focus on: Côte d’Ivoire


FIDH and its member organisations welcomed the adoption in May 2017 of a decree on the
application of Law 2014-388 on the promotion and protection of human rights defenders in Côte
d’Ivoire.

Long awaited after the adoption of the law by the National Assembly in 2014, this is an important
step forward for human rights in Côte d'Ivoire. The adoption of this decree marks the culmination of
a process that began in 2012. The decree defines the modalities for the application of the law, and in
particular transposes into domestic law many provisions of the 1998 United Nations Declaration on
Human Rights Defenders. The decree also defines a national protection mechanism that it places
under the responsibility of the State, with the assistance of the National Commission of Human
Rights of Côte d'Ivoire.

FIDH Annual Report 2017 18


FIDH remains mobilised to ensure that the implementation of this mechanism is conducted by
consulting and involving all stakeholders, starting with the relevant civil society organisations, and
that it is given the necessary resources to achieve the desired level of efficiency.

Focus on: Burundi


In June 2017, FIDH filed an amicus curiae application with the East African Court of Justice (EACJ),
together with its member organisations in East Africa, Kenya (Kenya Human Rights Commission -
KHRC) and Uganda (Foundation Human Rights Initiative - FHRI), in a case against five Burundian
human rights NGOs in Burundi, following their closure and freezing of their assets. The request for
amicus was intended to support the Burundian NGOs' complaint, on the basis of legal arguments
relating to freedom of association and expression, and to lead the Court not only to restore the rights
of these NGOs, but also to develop its case law on freedoms of association and expression.

More broadly, and in a context where FIDH member organisation ITEKA has itself been targeted by a
suspension and freezing of its assets, FIDH and its member organisations in the sub-region had to
show solidarity and support towards Burundian civil society organisations. The request is pending
before the EACJ.

Objective: Strengthen human rights defenders’ capacity to take action

Intended outcome: Defenders and NGOs have additional means and are better equipped

In Malaysia, an FIDH capacity-building grant allowed a local NGO to strengthen the capacities of
university students, youth communities, urban poor and LGBTI people, to encourage the emergence
of a "new generation" of HRDs, organise training designed to strengthen the capacities of these
defenders, develop a new network of local grassroots human rights defenders, and strengthen the
operational capacities of vulnerable and marginalised groups to exercise their rights.

In Kenya, thanks to a similar grant, a local NGO has been able to carry out Periodic Training for
human rights defenders on safety and security (including media personalities, lawyers and
organisations providing legal aid to victims, and human rights organisations working at the country,
regional and national levels). The grant also enabled media campaigns to raise voices against the
injustices faced by HRDs. Thanks to the grant, Haki Centre identified and trained a total of 20 human
rights defenders from different organisations from within the coastal region. During the project
period, Haki Centre also participated in a number of social media campaigns to highlight issues
concerning human rights defenders in Kenya. Haki Centre was among the Coast civil society
organisations that strongly condemned attacks on NGOs that questioned the validity of the August
elections. Haki also conducted press briefs in conjunction with other organisations to condemn the
sustained ‘’witch-hunting’’ of vibrant human rights organisations in Kenya. The trained human rights
defenders also played a critical role in raising awareness on threats to defenders in the region. Three
personalities trained were subsequently invited to speak to local media stations where they
discussed human rights issues.

FIDH Annual Report 2017 19


In Kazakhstan, another grant of this type aimed to support and improve the situation of civil society
involved in protecting HRDs, by providing financial and operational assistance to human rights
activists who are prosecuted for their activities. Besides direct project assistance, the project
beneficiaries have been using other methods of assistance such as own media coverage, press
conferences, advocacy, trial monitoring in relation with the cases of criminalised human rights
defenders.

Other organisations also benefited from support for action in Belarus and in Azerbaijan.

Spotlight: regional workshops create safe spaces for consultation

In March and May 2017, FIDH facilitated two regional workshops together with the International
Commission of Jurists (ICJ). The workshops had both a diagnostic and prognostic approach to the
analysis of the state of the human rights movement in Africa, covering Central Africa (Entebbe,
Uganda) and West and North Africa (Niamey, Niger).

FIDH covered the participation of three HRDs in the Entebbe (Uganda) consultation, and 10 HRDs in
the Niamey (Niger) consultation. The structure and process of the regional consultations was
intentionally limited to elicit views from between 10 to 15 human rights defenders in each region.
The regional workshops sought to address critical questions, including regarding: The Future of the
Africa Human Rights Movement; The Human Rights Movement of the Future; and The Future of
Africa and the Future of Democracy. The “Human Rights Labs” were unique safe spaces for thinking
and reflection for the human rights movement. Though done as a once-off, this space is long overdue
and needed on a periodic and/or regular basis as a means to strengthen African thought leadership
on human rights.

The regional workshops highlighted the weaknesses between inter-thematic and cross-country
networks, as well as the conceptual clarity on emerging issues. Also significant was the opportunity
to strengthen solidarity between groups working on civil and political rights and those working on
environmental, social, economic and cultural rights.

2017 in numbers

334 emergency appeals, press releases and open letters to authorities

350 Tweets

6 fact-finding, solidarity and judicial observation missions

13 rounds of advocacy meetings

FIDH Annual Report 2017 20


Priority 2: Fostering an Environment Conducive to Democracy and
Freedom

Context and challenges

While dictatorships and totalitarian regimes persist in a total denial of human rights, many states are
headed by regimes or leaders that challenge the balance of powers and freedom, with varying
degrees of intensity, in violation of constitutional and/or international norms for the protection of
human rights.

There are many examples of countries where leaders adopt laws and use new information and
communication technologies to stigmatise, restrict or control the actions of conterpowers and to
limit the freedoms of expression, association and assembly. In many cases massive corruption
aggravates attacks on the rule of law and human rights.
When laws and rhetoric are not enough to stifle critical voices that may be heard from the media,
political parties, civil society or the street, authorities also use repression and arbitrariness, abetted
by a compliant judicial system. To stay in power, some leaders manipulate constitutions or organise
sham elections.

The fight against terrorism also gives rise to emergency rule or states of emergency that derogate
from human rights, and to regimes that run contrary to the values that leaders say they want to
defend against terrorism, and that fuel extremism. Extraordinary and particularly repressive
legislation has been adopted in a large number of countries, even in democratic countries, making it
legal to arrest non-nationals for an undetermined period of time merely on the grounds of suspected
participation in terrorist activities or having unproven ties with terrorist organisations. Many
authoritarian states have adopted similar laws which they also used to legitimise the repression of
opponents and human rights defenders and to criminalise any other type of social protest. Many
laws that attack freedom of expression and the right to a private life have been adopted to fight
terrorism and more broadly in the name of security, and give extraordinary surveillance rights to
intelligence agencies. In this context, companies around the world are developing, selling and
exporting surveillance systems that governments and private parties can use to violate human rights
and facilitate repression of all dissident voices, without fear of punishment.

Furthermore, many states continue to use the death penalty, which constitutes inhumane treatment,
even a form of torture, for condemned persons and their loved ones. Capital punishment is often
ordered following unfair trials, and its use is often discriminatory.
In this context, it is essential to resist all attempts to erode freedoms and to condemn human rights
violations, in order to prevent the rule of law from descending into arbitrariness or dictatorship. But
these reactions are met with reprisals, Realpolitik,and nationalist populism, which are finding a
certain resonance among populations.

FIDH Annual Report 2017 21


FIDH and its member organisations: action and results

Objective: Counter authoritarianism

Intended outcome: Member and partner organisations with enhanced capacity to act for freedoms and
democratic principles

Focus on: the Americas


In November 2017, FIDH and its member organisations in Peru, APRODEH, Equidad and CEDAL,
organised a seminar in Lima on the fight against corruption and human rights, bringing together 35
FIDH member organisations from the region.

This seminar was in response to a request, expressed at the 2016 FIDH Congress in Johannesburg,
from FIDH members organisations in the Americas who wished to compare experiences and analyse
the relevance of human rights protection mechanisms in combating corruption in their countries.

The first two days of the seminar were public, in the presence of external experts who presented the
regional context of large-scale corruption, international and regional standards related to the fight
against corruption, good practices of (quasi-)judicial mechanisms and strategies to highlight the
responsibility of States in the practice of corruption.

The third day was devoted to an internal strategic reflection workshop (bringing together only FIDH
member organisations) to discuss FIDH's strategic orientations in support of its members to address
the issue of corruption within the international and regional human rights protection system. The
workshop ended with the adoption of a roadmap guiding the future action of FIDH and its members
on this issue. FIDH and its members have decided to prepare an advocacy note on this issue for
presentation at the Summit of the Americas to be held in Peru in 2018, which should address the
theme of corruption. They also called for two fact-finding missions to the region on this issue in
2018.

Focus on: disputed entities


The goal of a strategic meeting organised in Brussels in November 2017 was to consult with member
organisations on prospects of further work on disputed and conflict entities, namely on South
Ossetia and Abkhazia, Nagorno Karabakh, Transnistria, Crimea and Eastern Ukraine.

FIDH has been working on the problem of lawlessness in disputed and conflict areas since 2014,
when it published a report Assessing human rights protection in East European disputed and conflict
entities. Since then, the report has garnered considerable interest, especially during advocacy efforts
with the EU, OSCE, the UN, the Council of Europe and with individual Ministries. In May 2016, the
European Parliament published a study that built on the latter report.

Since 2014, FIDH member organisations on the ground have continued working on the issue on a
daily basis: providing legal aid to inhabitants of the given regions, advocating for a peaceful solution
of conflicts, implementing trust-building and human rights education and reconciliation programs.

FIDH Annual Report 2017 22


The result of the November meeting was a strategy of follow-up activities aiming to support these
initiatives, decisions on concrete ideas and division of work in updating the2014 report, and
identification of advocacy avenues that are likely to bring impact. The Council of Europe was
identified as one of the key advocacy targets along with the UN and the EU. On the margins of the
strategic meeting, FIDH office in Brussels organised a series of meetings for FIDH member
organisations with the European External Action Service and representatives of the COHOM (Human
Rights), COEST (Eastern Europe) and COSCE (OSCE) Working Groups.

Intended outcome: Authorities obstructed in their freedom-destroying, arbitrary and anti-democratic


initiatives

Focus on: Rwanda


While the Rwandan people were called on to elect their President of the Republic on 4 August 2017,
the FIDH published a note denouncing the obstacles to democratic principles and respect for human
rights in the country. This election followed the constitutional reform of 2015, which would allow
Paul Kagame to remain in power until 2034. In its note, FIDH highlighted the forced development of
Rwanda, characterised by serious obstacles to civil and political rights, fundamental freedoms, and
in particular freedoms of expression, assembly and the press. FIDH also denounced the Rwandan
authorities' efforts to silence and punish any contestation of power: banning opposition political
parties, repression and acts of harassment against political opponents, pressure on and takeover of
NGOs, serious violations of the rights of defenders preventing them from carrying out their work in
defence of human rights, even forcing them into exile.

During the year, FIDH followed up on a complaint first filed in 2015 with the African Court on Human
and Peoples' Rights against the State of Rwanda, on behalf of Laurent Munyandilikirwa, President of
LIPRODHOR, FIDH’s Rwandan member organisation. Munyandilikirwa had been subjected to various
forms of threats and intimidation, as well as a takeover of his organisation by those close to the
authorities. Forced to flee the country, and in the absence of any possibility of obtaining justice
before Rwandan courts, he decided, with the support of the FIDH, to refer the matter to the African
Court. As part of this procedure, Maina Kiai, UN Special Rapporteur on Freedom of Association,
introduced an amicus curiae in January 2017 invoking interference by Rwandese authorities in the
internal affairs of civil society organisations and making recommendations calling on the State to
comply with its international obligations to protect freedom of association. This is the first time that
a UN mechanism has filed an amicus application with the African Court on Human and Peoples'
Rights.

In January 2017, Maina Kiai invited FIDH to participate in a working session organised in Mombasa,
Kenya, to exchange strategies on the involvement of its mechanism in national and regional litigation
procedures on freedom of association. Representatives of civil society organisations from Asia, the
Americas, Europe and Africa took part in this strategic exchange. Several avenues for follow-up were
mentioned, including the provision of an online platform to identify case law on freedom of
association litigation. This platform is now active.

FIDH Annual Report 2017 23


FIDH remains mobilised on Mr Munyandilikirwa’s case and hopes for a positive decision in 2018.

Focus on: Kenya


One week before the General Election in Kenya that took place in August 2017, FIDH and its member
organisation, the Kenya Human Rights Commission, issued a report entitled Kenya’s Scorecard on
Security and Justice: Broken Promises and Unfinished Business that highlighted the vital need that
Kenya continue to strengthen its reforms in the security and judiciary sectors. This report provided a
mixed assessment of the reforms launched after the 2007 / 2008 post-election violence. The report
identifed positive steps such as the creation of the Independent Policing Oversight Authority and the
appointment of more than 200 judges and magistrates, but also signalled the need for holistic reform
to address persistent human rights violations, particularly in relation to extra-judicial executions and
counter-terrorism operations.

In the days following the election, KHRC was deregistered by Kenya’s NGO Coordination Board, an
act which FIDH denounced as an act of retaliation for KHRC’s monitoring of the elections. After
significant national and international mobilisation, the authorities suspended the threats against
KHRC. However, the organisation remains in the sights of the Kenyan authorities and FIDH is
continuing to be vigilant on this case.

FIDH continues to investigate the actions of the defence and security forces. A fact-finding mission
on alleged sexual violence by police forces in the 2017 elections has been conducted in 2018 and a
report will follow with recommendations calling for important structural reforms on the prevention
and punishment of crimes of sexual violence, including those committed by the defence and security
forces.

Focus on: Russia


Highlighting anti-democratic initiatives by authorities, FIDH denounced the repression against
peaceful demonstrators in Russia, which has reached a new level since the end of March when 1500
protesters were detained across the country. Multiple mass detentions were reported, including
during the April "Fed up" ("Nadoel") protests and during May demonstrations. On 26 March 2017,
many participants were reported to have been ill-treated by police officers during arrests and in
transit to police stations. While March 2017 protests were almost not covered by the national media,
the reaction of the authorities at various occasions featured various accusations against citizens
who exercised their constitutional right of freedom of assembly. Organisers of massive protests were
called provocateurs, participants were claimed to have been paid for taking part in the
demonstrations. FIDH warned that the new politically motivated criminal process could turn into the
biggest criminal prosecution of peaceful demonstrators in modern Russia.

Focus on: the European Union


On 17 May 2017, the European Parliament (EP) adopted a resolution to trigger the procedure laid
down in Article 7 of the Treaty on European Union (TEU) which allowed Hungary to be held liable and
to impose sanctions, if necessary, for its repeated violations of the EU's fundamental principles. The
resolution sent a clear message to Hungary: the boundaries had been crossed and the government
must be held accountable for violations of the rule of law and human rights.

FIDH Annual Report 2017 24


This was the first time that the EP had decided to trigger this procedure: a victory for FIDH, which
had been warning about the situation in Hungary for several years, encouraging European
institutions to take concrete action and meeting key EU actors. FIDH published Hungary: Democracy
under Threat, Six Years of Attacks against the Rule of Law following a fact-finding mission to Hungary in
November 2016. It returned in April 2017, in particular to gather information on recent developments
concerning the Law on Higher Education and the Law on Transparency of Foreign Funded
Organisations (NGO Law). FIDH has also published, in collaboration with other NGOs, an open letter
addressed to all Members of the European Parliament. It called on the latter to adopt a resolution to
trigger Article 7 of the TEU in response to the continued deterioration of the rule of law and human
rights in Hungary under the Fidesz regime, Prime Minister Viktor Orban's party.

In December 2017, the European Commission decided to trigger Article 7.1 of the TEU in response to
growing concerns regarding respect by Poland for the EU’s founding principles. The decision came
after two years of unfruitful dialogue with the government over reforms which seriously threatened
the rule of law in the country. This move – that FIDH had long been calling for through intense
advocacy at the EU level – sent a clear signal to the Polish authorities, and other member states, that
such attacks against the EU’s founding principles would not remain unanswered. The decision
placed responsibility on EU governments to halt the backsliding and ensure that Poland complied
with its obligations under the Treaties.

FIDH undertook an investigative mission in Poland in 2017 with its local member organisation the
Polish Society of Antidiscrimination Law. The findings, which will be published in a report in 2018,
including attacks against the judiciary, which undermine the separation of powers and people’s
access to independent justice, as well as violations of a range of human rights: the right to freedom
of expression and assembly, media freedom, the right to asylum, and women’s sexual and
reproductive rights.

Objective: Support the fight against terrorism while respecting human rights

Intended outcome: Authorities with heightened awareness of the importance of respecting human rights
while fighting terrorism

Focus on: Mali


Almost two years after its signing, the peace agreement of 20 June 2015 is weakened by the strategy
of the jihadist armed groups, which are working to extend the conflict in northern Mali to the central
regions and neighbouring countries. The resurgence of insecurity is leading to the disengagement of
the State, inter-community violence, and abuses by the Malian army and armed groups, providing an
ideal breeding ground for the spread of terrorist groups. In a position paper published in May 2017,
FIDH and its member organisation the Association Malienne des Droits de l'Homme (AMDH)
analysed the deterioration of the security and human rights situation in Mali. They recommended a
reorientation of priorities to strengthen the UN peace mission, particularly in the centre of the
country, and to fight impunity. A joint FIDH / AMDH delegation visited UN headquarters in New York

FIDH Annual Report 2017 25


to present this report and its recommendations to members of the Security Council and the
Department of Peacekeeping Operations.

Focus on: France


Advocacy meetings conducted by FIDH and the French Human Rights League (Ligue des droits de
l’Homme) with diplomatic representations at the United Nations Human Rights Council contributed
to raising attention on important human rights issues witnessed in the framework of counter-
terrorism laws and policies: the troubling transposition into law of anti-terrorism measures taken
from the state of emergency; and the prevalence of pervasive discrimination, the resurgence of
racism in the public sphere and the difficulty of providing a criminal response to cases of incitement
to hatred or violence and racial discrimination.

As a consequence, several diplomatic missions used the concerns raised as a basis for their
contributions and recommendations during the Universal Period Review of France in January 2018.
In particular: Peru urged France to strengthen fundamental freedoms and the rule of law in the fight
against terrorism; Mexico recommended that France increase the effectiveness of investigations and
sanctions against perpetrators of violence and discrimination against ethnic and religious minorities
– including Roma, nomads, Muslims, migrants and asylum seekers – particularly when perpetrated
by agents of the State, and also to establish a monitoring body for the implementation of the
measures provided for by the law on the fight against terrorism, including its necessity and
proportionality; Switzerland recommended France take the necessary measures to prevent
discriminatory identity checks and to ensure that cases of proven abuse of power are appropriately
sanctioned as well as carrying out an evaluation of its new legislative and security-related counter-
terrorism instruments to prevent possible human rights violations. Several French media also took
up the issues raised on this occasion.

Focus on: the UN


In September 2017, FIDH launched the report The United Nations Counter-Terrorism Complex:
Bureaucracy, Political Influence and Civil Liberties. The report analysed how the UN has been organised
over the last 15 years to combat terrorism, and described how the effectiveness of the UN and its
member states in the fight against terrorism is hampered by two major phenomena. First, a
tentacular bureaucratic structure in which entities’ mandates sometimes overlap rather than
complement each other which ultimately undermines its overall effectiveness and key cooperation
between states. Secondly, the current leadership of the main counter-terrorism bodies is in the hands
of member-states, whose human rights records are highly questionable. Those same states use their
powerful position in the architecture to advance specific political agendas at home and abroad, often
devastating for civil liberties. These consequences can be far-reaching and have been found to fuel
more hate and feed into the terrorists’ narratives.

This was the first document offering an international picture and analysis of counter-terrorism. It
enabled FIDH to access the highest levels of the UN, fueling ongoing thinking on strengthening the
United Nations Global Counter-Terrorism Strategy, to discuss and push forward the agenda on
terrorism, surveillance and human rights, and to advocate for a concrete meaningful reform of the

FIDH Annual Report 2017 26


counter-terrorism complex driven by a commitment to impact, effective coordination, prevention, and
human rights compliance.

An FIDH delegation, led by its President Dimitris Christopoulos, met with UN Secretary General
Antonio Gutierres on 27 September 2017 in New York. Since then, FIDH’s representative to the UN in
New York has been asked by UN mechanisms and interlocutors to follow up on discussions and
analysis, including the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, the Counter-Terrorism Committee Executive
Directorate, Peru (President of the CTC), the Group of Friends of Preventing Violent Extremism
(chaired by Norway and Jordan), the countries (Members of the UNSC and the CLC), the United
States Mission in New York, Mexico (facilitator of the UNGA resolution on counterterrorism), the
European Union (counterterrorism experts), Global Center on Cooperative security, and other
institutions including Columbia Law School (Human Rights Institute) and the City University of New
York.

Objective: Promote universal abolition of the death penalty

Intended outcome: Progress towards universal abolition of the death penalty

FIDH participated in the General Assembly of the World Coalition against the Death Penalty held
from 22 to 24 June 2017 in Washington. Alice Mogwe, Vice-President of the FIDH, President of
Ditswanelo (Botswana) and member of the Working Group of the African Commission on Human and
Peoples' Rights on the abolition of the death penalty in Africa, participateed in this meeting to define
the Coalition's strategies of action for the coming year. At the end of the Assembly, FIDH was elected
member of the Coalition's Steering Committee, a position that allows it to represent the voice of its
member organisations in defining the activities undertaken by the Coalition.

On the occasion of the World Day against the Death Penalty on 10 October, FIDH contributed to the
advocacy actions developed by the World Coalition against the Death Penalty by disseminating
messages, forums and press releases to denounce social inequalities in the application of the death
penalty and to call for its abolition throughout the world.

In December, FIDH participated in the meeting of the Coalition Steering Committee held in Antwerp
during which the activities of the Coalition and its members were reviewed and discussions were
held on the Coalition's strategic orientations for 2018: identification of target countries for abolition
advocacy; follow-up of the strategy for obtaining consultative status with regional bodies for the
promotion and protection of human rights; presentation of work on outcome indicators; discussions
on the funding research strategy.

Focus on: The Gambia


FIDH released a documentary called #Gambia has decided which shows the current abolitionist
process experienced in The Gambia. The Gambian experience highlighted in the documentary clearly
illustrates how, after 22 years of dictatorship, the democratically elected authorities have decided to
engage in a wide range of legal reforms, which include abolishing the death penalty.

FIDH Annual Report 2017 27


The documentary was officially launched on 5 November 2017, during the 61st Session of the African
Commission on Human and Peoples’ Rights (ACHPR). The panel discussion gathered a number of
actors including Kayitesi Z. Sylvie, Chairperson of the ACHPR Working Group on Death Penalty and
Extra-Judicial, Summary or Arbitrary killings in Africa. Many member State representatives attended
the meeting and took this opportunity to present their concerns and action on the abolition of the
death penalty in they country. Among the strategies foreseen by the ACHPR Working Group on the
death penalty to achieve continental abolition is the adoption, by the African Union, of a Protocol on
the abolition of the death penalty in Africa.

At the same time as the documentary, FIDH and Ditshwanelo released their joint study Triggers for
the abolition of the death penalty in Africa: a Southern African perspective, identifying the triggers
leading to the abolition of the death penalty in Africa. More than 80% of African countries have
abolished the death penalty in law or in practice, with only 10 countries executing within the past
decade. Compared to the rest of the world, Africa has one of the lowest execution rates per capita.
This can be explained by the fact that multiple factors have triggered an abolitionist trend across the
continent. The Southern African perspective developed in the study shows that the region is moving
in the right direction of abolition since the only country that still regularly executes is Botswana. The
overwhelming majority of countries which have abolished the death penalty in Africa, have done so
following years or sometimes decades of political transition.
The study and documentary illustrate how the struggle for the abolition of the death penalty in Africa
has mobilised a wide range of actors that have included judges, lawyers, parliamentarians, trade
unionists and youth movements.

Spotlight: UN mobilisation on restriction of freedoms in Thailand

FIDH supported the participation of one representative of its Thai member organisation Internet Law
Reform Dialogue (iLaw) during the review of Thailand at the 129th session of the UN Human Rights
Committee in March 2017 in Geneva. iLaw attended the informal briefing with UN Human Rights
Committee members and provided information related to restrictions on freedom of expression and
peaceful assembly and threats, attacks, and harassment against human rights defenders. iLaw also
delivered an oral statement jointly prepared with FIDH for the official briefing with members of the
Human Rights Committee. iLaw also attended the two-day session and lobbied UN Human Rights
Committee members on a variety of civil and political rights issues. In addition, iLaw also met with
officers from selected UN Special Procedures (Working Group on Arbitrary detention; Working Group
on Enforced or Involuntary Disappearances, Special Rapporteur on Human Rights Defenders; Special
Rapporteur on Freedom of Expression) to highlight individual cases involving violations of the right
to freedom of expression, arbitrary detentions, and attacks against human rights defenders. iLaw
and FIDH disseminated hard copies of Behind the walls and Under Siege, two FIDH reports that
document serious violations of civil and political rights in Thailand under the military junta. The two
reports had been produced specifically for the review.

FIDH Annual Report 2017 28


Members of the UN Human Rights Committee used information provided by FIDH and iLaw
extensively during their dialogue with the Thai government delegation. In its Concluding
Observations, the UN Human Rights Committee expressed concern and made recommendations on
several issues for which FIDH advocated ahead and during the review, namely: 1) Arbitrary detention;
2) Right to a fair trial and military courts; 3) Conditions of detention; 4) Freedom of expression and
lèse-majesté (including the impact of restrictions on HRDs); and 5) Freedom of peaceful assembly.
Detention conditions and the oppressive legal framework (among the issues raised during the
interfaces) were two of the three priority topics that the UN Human Rights Committee selected for
the follow-up procedure (i.e. the Thai government was expected to report on progress on these
issues within one year from the adoption of the Concluding Observation in March 2017).

2017 in numbers

6 reports and papers

6 advocacy missions

FIDH Annual Report 2017 29


Priority 3: Promoting Women’s Rights

Context and challenges

While women suffer violence and discrimination around the world, recent years have seen
particularly blatant attempts by conservative and religious groups and parties to strike at and
reverse women’s rights. Such attacks have prompted extensive mobilisation among the various
players who defend these rights.

No country can boast of having eliminated violence against women in its many forms, from rape and
domestic violence to sexual violence used as a weapon of war in conflict situations. Convictions
remain at a negligible level due to the obstacles faced by women in accessing justice and the
absence of appropriate national laws and policies. International and hybrid criminal courts are not
exempt from criticism in this regard.

Numerous discriminatory laws persist on every continent. In several countries, the law gives men the
right to marry several women; it obliges women to obey their husbands; a man can divorce
unilaterally without his wife’s consent; a woman cannot confer her nationality on her foreign
husband or her children; women and girls receive less than male heirs; a woman’s testimony counts
for less than half that of a man in legal proceedings. There is an ongoing need for multiple forms of
advocacy directed at various political, religious and social players as well as international bodies to
ensure that States ratify international and regional conventions protecting women’s rights and that
domestic law is harmonised with these.

In the field of sexual and reproductive rights, laws limit women’s and girls’ access to contraception
and abortion and set out criminal sanctions both for those who resort to illegal abortions and for the
medical staff who carry them out. These restrictions force women to abort illegally, putting their
health and even their lives at risk. Unwanted pregnancies have devastating psychological
consequences. Pregnancy can have a dramatic impact on the bodies of young women and girls who
are generally forced to abandon their education and their prospects. The small legislative progress
made is counterbalanced by actual or attempted retrograde measures on the part of conservative
governments in certain countries, often at the initiative of pro-life groups and religious movements.

In addition to the systematic discrimination and repression, women are facing worse treatment in
particular and difficult contexts, such as the tide of sexual violence during the elections in Kenya at
the end of 2017, and the abysmal conditions endured by women in migrant detention camps in Libya
and Greece.

Some steps forward have been achieved. 2017 saw a watershed moment for the liberation of
women's speech. Since October 2017, the brave testimony of women victims of harassment, sexual
assault and rape in the film industry, followed by a flood of stories of thousands of women who have
denounced, on social networks, assaults perpetrated in the private sphere as well as in the
professional and public space have shown the terrible banalisation of sexual violence against

FIDH Annual Report 2017 30


women and girls. The hashtags #MeToo #MyHarveyWeinstein and #BalanceTonPorc have freed the
voices of many women about the violence they suffer daily, and raised awareness about the
pervasiveness of this oppression, occurring in the most absolute indifference and impunity. it.

This shows that women are not just victims of discrimination. Everywhere, they are also the main
actors of their own emancipation. As shown by this recent massive mobilisation against sexual
violence and also by mobilisations on femicide (Ni Una Menos in Latin America, Non Una Di Meno in
Italy), or for the right to abortion (Poland, Brazil), progress at the national, regional and international
levels is always adopted under pressure from feminist movements who are fighting every day for
equal rights.

FIDH and its member organisations: action and results

Objective: Fight violence against women

Intended outcome: Member NGOs and partners supported to build their capacity to act

In 2018, CSOs from Ukraine published a report on crimes of sexual and gender-based violence
perpetrated in Donbass during the 2014 conflict. On the basis of this report, a communication will
soon be submitted to the ICC in order to influence the course of the preliminary examination
currently carried out by investigators and strengthen accountability on crimes of SGBV before the
ICC.

These activities led by these organisations have followed the capacity-building workshops held in
2017. FIDH built the capacity of its members and partners to document these crimes and assist
victims, in particular through the training of members and partners on methodology for investigating
sexual crimes and gathering testimony of victims

Intended outcome: Greater normative protection of women from violence

FIDH and its South African member organisation Lawyers for Human Rights (LHR) are proud to have
contributed to progressive strides in combating sexual violence in Africa, with the adoption of the
ACHPR Guidelines on combating Sexual Violence and its Consequences.

After enhanced consultation of prominent experts and civil society organisations (CSOs) from all
over the continent, as well as sustained advocacy before the ACHPR, the Guidelines were adopted in
Niamey in May 2017. They were then officially launched in November 2017 in Banjul, during the
ACHPR 61st ordinary session and in the presence of Madam Bineta Diop, African Union Special
Envoy on Women, Peace and Security and of Dr. Dubravka Šimonovic, United Nations Special
Rapporteur on violence against women, its causes and consequences.

These Guidelines provide specific guidance to States towards the elimination of sexual violence and
its consequences, in accordance with their regional and international obligations. The text is aligned
with some of the most progressive standards in the fight against sexual violence, which echo the

FIDH Annual Report 2017 31


concerns and recommendations voiced by civil society during the drafting process. It contains
practical measures that reflect the reality of the needs and challenges faced by victims as well as
organisations and practitioners assisting them, including on statutes of limitation, standard of proof,
minors' consent or victims' access to legal and safe abortion. This achievement reinforces the role of
the ACHPR in the defence and the promotion of human rights and women’s rights in particular and
will support the work of all organisations fighting sexual violence in different African countries.

Following the adoption of the Guidelines by the ACHPR, FIDH, in cooperation with LHR and its
member organisation from Guinea, the Organisation guinéenne de défense des droits de l’Homme
(OGDH), organised a regional conference to promote this important tool. The ACHPR’s Special
Rapporteur on women's rights and civil society representatives from 15 African countries (Burundi,
Central African Republic, Egypt, Guinea, Ivory Coast, Kenya, Mali, Morocco, Nigeria, Senegal, South
Africa, Sudan, Tunisia, Togo, and Uganda) gathered in Conakry to discuss the content of the
Guidelines, as well as good practices and challenges at the national level in the fight against sexual
violence, with the aim, when appropriate, to evaluate possible joint actions to favor implementation
of the Guidelines' provisions by AU member states. FIDH, the OGDH and the ACHPR Special
Rapporteur met with Guinean authorities, including the Minister of Justice, to advocate for the
implementation of the Guidelines, especially on the need to criminalise marital rape, to maintain the
ban on polygamy and to improve women's access to safe abortion services. During this event, CSOs
were also trained on the documentation of sexual violence, in order to strengthen their
documentation capacity, to develop more activities on sexual violence against women and men and
to help them to better contribute to victims' access to justice and reparation.

Intended outcome: Progress in establishing responsibilities for violence against women and in victims’
right to reparation

Focus on: Chad


In April 2017, former dictator Hissène Habré was convicted for crimes against humanity, including
sexual crimes, by the Appeal Chamber of the African Extraordinary Chambers. On 11 February 2016,
following a 56-day debate and the hearing of 93 witnesses, Hissene Habre’s trial before the
Extraordinary Chambers within the Senegalese courts came to an end. The verdict fell on 30 May
2016: Hissene Habre was sentenced to life imprisonment for torture, war crimes, and crimes against
humanity committed under his regime in Chad. An appeal was launched by the designated defense
attorneys; the appeal proceedings took place in January 2017, lasting only four days. On 27 April
2017, the Appeals Chamber of the African Extraordinary Chambers confirmed the life sentence of the
former Chadian dictator.

Focus on: CAR


An FIDH delegation travelled to CAR from 9 to 16 June 2017 to meet victims of sexual violence and
attacks by troops loyal to Jean-Pierre Bemba, who was sentenced in May 2016 by the ICC to 18 years
in prison. The victims came from Bangui, Sibut, Moungoumba, Damara and Bossangoa, and had all
participated in the court proceedings against Bemba before the ICC. The aim of the mission was to
document their current living conditions, their needs as well as their views and expectations in terms
of justice and reparation. The report highlights that 15 years after the events, the 2002/2003 victims

FIDH Annual Report 2017 32


continue to face poverty and distress. Most live with the physical and psychological consequences
of the crimes, horrors and traumas they have experienced. They are also ostracised, shunned, and
rejected, and their partners, loved ones, and the community are ashamed of them. All the women
interviewed have been abandoned by their husbands and are raising their children alone. The
children, because they have also been victims or witnesses, or were born as a result of rape, are also
excluded. These stigmas prevent the survivors from reconstructing their lives.

FIDH submitted its report to ICC judges in charge of awarding reparations to victims, six months
before the regrettable acquittal of Bemba by the ICC's Appeal Chamber in May 2018. With the
attempts to pursue justice in CAR having failed, the ICC conviction was "the notable exception" to the
overwhelming impunity that prevails in the country, where the judicial and penal systems have
collapsed. This decision is an affront to thousands of victims. But FIDH will tirelessly continue to
support the victims, advocate for assistance programs tailored to their actual needs and the specific
context of CAR, and to fight against impunity and for reparation.

Objective: Promote and protect sexual and reproductive rights

Intended outcome: Sexual and reproductive rights are better protected in law and in practice

Focus on: Poland


In June 2017, FIDH conducted a fact-finding mission on women's access to sexual and reproductive
rights in Poland.

Ever since the Law and Justice Party came to power in Poland in 2015, they have proceeded to
deeply undermine democratic checks and balances in the country, accompanied by degradation of
women’s sexual and reproductive rights, among others, and shrinking space for civil society
organisations advocating for them. Poland’s strict anti-abortion laws render abortion illegal except in
three exceptional circumstances: when the woman's life is at risk, in case of severe and irreversible
foetal impairment, and when the pregnancy results from a crime (e.g. rape, incest). These are
contained in the 1993 Family Planning Act, which resulted from a so-called “compromise” between
the State and the Catholic Church and turned Polish abortion laws from one of the most liberal (pre-
1993) to one of the most restrictive ones in Europe (post-1993). Legislative proposals to make the
exceptions even tighter were introduced in 2011, 2013, 2015, 2016, and 2018, containing total or near
total bans on abortion. These were defeated by massive public protests.

In this context, in June 2017, FIDH, together with its member organisation the Polish Society of
Antidiscrimination Law (PSAL), conducted a fact-finding mission on women's access to sexual and
reproductive rights in Poland. The fact-finding team was able to interview civil society organisations
advocating for women’s rights, anti-choice government-organised non-governmental organisations
(GONGOs), Polish authorities such as the Ministry of Health, members of the judiciary such as the
National Prosecutor’s Office, the Polish Ombudsman, members of the Polish Parliament, the
European Commission delegation to Poland, doctors, and associations of doctors. The aim of the
mission was to identify how the degradation of the rule of law in Poland had impacted women’s
sexual and reproductive rights, and the organisations advocating for them, among others. The

FIDH Annual Report 2017 33


mission also focused on LGBT+ persons’ rights. A post-mission report will be published in early
October 2018 with press conferences in both Warsaw and Brussels, and will serve as an advocacy
tool to demand strong action by European Union institutions, notably the activation of the Art. 7(1) of
the Treaty on the European Union procedure. The chapter on women’s sexual and reproductive rights
will also be submitted to the United Nations Committee on the Elimination of Discrimination against
Women (CEDAW Committee), ahead of its review of Poland’s report in November 2018, and will most
likely be accompanied by a briefing of the CEDAW Committee. Although there have been no direct
results from the meetings with authorities during the mission, the dialogue was possible and has led
to the exchange of information between the different stakeholders. FIDH also plans to schedule
interfaces with its member organisation PSAL and European Union institutions, as well as to
organise a regional capacity-building seminar with Polish civil society organisations encountered
during the mission and member organisations.

Focus on: Chile


In August 2017, after decades of struggle by women's rights organisations, Chile finally lifted the
total ban on abortion, in three exceptional circumstances: when the woman's life is at risk, in case of
fatal foetal impairment and when the pregnancy results from rape. Women's and human rights
organisations, including FIDH's members and partners, contributed to this great victory for women's
access to sexual and reproductive rights.

In January 2017, FIDH, together with its member Observatorio Ciudadano, and partner Corporación
Humanas, had conducted a mission to Santiago de Chile, in order to investigate the situation of
women and girls in terms of access to reproductive health, to advocate for the adoption of the bill
before national authorities and to express support to CSOs backing the bill. As a follow-up, in March
2018, FIDH and its member organisation submitted an alternative report to the United Nations
Committee on the Elimination of Discrimination against Women (CEDAW Committee), ahead of its
review of Chile's report. The alternative report specifically focused on the reform of the legislation on
abortion, underlining the progress made but also the serious shortcomings of the new law. It also
highlighted the urgent need to decriminalise abortion completely, in order to guarantee the protection
of women's rights. The CEDAW Committee echoed FIDH's concerns and recommended the State
party decriminalise abortion in all cases.

Spotlight: Tunisia votes landmark bill to end all forms of violence against women

In a historic step, the bill was passed unanimously by the Tunisian Parliament on 26 July 2017.
Tunisia thus became the first Arab state to adopt a comprehensive law on eliminating violence
against women, including any physical, moral, sexual, political or economic aggression. The new law,
in line with international standards, recognises and tackles both violence in the public sphere and the
family sphere, marking a further step against eradicating domestic violence and discriminatory mind-
sets.

FIDH, with the Civil Society Coalition for the Elimination of Violence Against Women and Girls, has
worked tirelessly for the adoption of the law and ensure nothing slipped through the net, drafting and

FIDH Annual Report 2017 34


presenting amendments to problematic articles prior to the final push before the vote. Two months
before the adoption of the law, FIDH and its member organisation, the Tunisian Association of
Democratic Women (l'Association tunisienne des femmes démocrates), published 100 measures to
eliminate violence against women and girls detailing their recommendations for the development of
the new law. This has been a lengthy, tenacious and fulfilling battle ending in a sweeping victory not
only for women, but for Tunisia. FIDH remains fully engaged and committed to the implementation of
the law and the allocation by the State of the budget necessary for the prevention, protection, care of
victims and fight against impunity.

2017 in numbers

4 training sessions for and with members and partners

5 missions completed in 4 countries

FIDH Annual Report 2017 35


Priority 4: Fighting Discrimination and Violence Based on Sexual
Orientation and Gender

Context and challenges

In all parts of the world, lesbian, gay, bisexual, transgender and intersex people (LGBTI) are victims of
serious human rights violations: stigmatisation and violence, even murder, discrimination, and
penalisation. Besides personal attacks, they suffer from differences in treatment and legal status,
especially in relation to family, employment and freedom of association. Defenders of LGBTI rights
are particularly exposed.

In many states, sexual relations between men or between women are illegal and homosexuals face
prison sentences or forced labour. Close to 80 countries still criminalise homosexual relations, and in
certain states homosexuality is punishable by the death penalty. Recently, countries have tightened
their legislation to penalise LGBTI people more heavily, as well as those who defend their rights
(individuals and NGOs).

Conversely, many countries in different regions have adopted legislation protecting against legal and
de facto discrimination based on sexual orientation and gender identity. Some states have adopted
legislation introducing equality in law in certain areas of civil life. In addition, many jurisdictions
around the world have advanced the rights of LGBTI people and reduced discrimination against
them.

International human rights law guarantees everyone, regardless of their sexual orientation or gender
identity, the right to enjoy the protections covered by international instruments: equality, the right to
life, security, privacy, non-discrimination, freedoms of expression, association and assembly. For
many years, UN treaty bodies and special procedures have confirmed the body of international law
applicable to the benefit of persons on the grounds of their sexual orientation or gender identity. In
2016, the Human Rights Council established the mandate of Independent Expert on protection
against violence and discrimination on grounds of sexual orientation and gender identity.
This recognition in the intergovernmental fora of the UN is not easy. Many states systematically
refuse to recognise discrimination on grounds of sexual orientation or gender identity as a matter of
international human rights law. On the contrary, states introduce in the resolutions of the Human
Rights Council the notion of "traditional values" to justify by international standards the challenge to
LGBTI rights.

FIDH and its member organisations: action and results

FIDH documents LGBTI rights violations based on sexual orientation and advocates for the adoption
and implementation of egalitarian law. FIDH, together with other NGOs, intervenes regularly in cases
brought before the European Court of Human Rights (ECHR) and is contributing to the development
of ECHR case law on LGBTI rights, which often precipitates legal changes in the discriminating
countries.

FIDH Annual Report 2017 36


Objective: Fight against discriminatory laws and practices

Intended outcome: Member and partner organisations supported to build their capacity to act

Focus on: Russia


In 2017, FIDH supported its member organisations in Russia, Memorial and ADC Memorial, in their
capacity to work for the protection of the rights of LGBTI people.

An investigation by the Russian independent newspaper Novaya Gazeta revealed in early April that
the Chechen authorities were hunting LGBTI people on the grounds of so-called traditional values
and a nationalist reaction to "Western decadence". This hunt has resulted in hundreds of arbitrary
arrests and detentions in secret places, torture and killings. And while some people have been
released, President Kadyrov has publicly condoned honour killings.

FIDH and several regional and international NGOs met in Lithuania to consider ways of supporting
Russian CSOs for the protection of persecuted LGBTI people in Chechnya. In accordance with the
strategies adopted, FIDH has enabled its member organisations to make an appeal, in particular to
the French authorities to denounce acts of persecution and contribute to the protection of LGBTI
persons wishing to travel to France for their protection. FIDH invited LGBTI defenders to France for
numerous meetings with the Ministries of Foreign Affairs and Interior as well as with the Human
Rights Ambassador.

Focus on: Poland


FIDH conducted a fact-finding mission to the country from 19 to 24 June 2017, bringing together
representatives of its member organisation in meetings with local NGOs, representatives of national
authorities and influential embassies. This documentation support will be followed in 2018 by
publication of a report.

Ever since the Law and Justice Party came to power in Poland in 2015, they have proceeded to
deeply undermine democratic checks and balances in the country, which was accompanied by a very
strong State-sponsored anti-LGBTI rhetoric, as well as attacks against civil society organisations and
individuals advocating for LGBTI rights. In this context, any attempts made to expand Poland’s very
narrow protection of lesbian, gay, and bisexual persons under the Equal Treatment Act, and its
complete lack of protection of transgender persons, have been vain. This is coupled by a total lack of
recourse for LGBTI persons and organisations, as the national equality body (the Government
Plenipotentiary for Equal Rights) has expressly affirmed, on numerous occasions, that gender
mainstreaming will no longer be a focus of his office and that he will engage in what he defines as
“family mainstreaming” instead. The Polish Human Rights Commissioner has also suffered
retaliation from the State in the form of budget cuts because of his work on LGBTI rights issues. In
this context, civil society organisations and LGBTI rights advocates in the Polish Parliament now fear
the introduction of any legislative proposals aiming to expand this protection will backfire and give
Polish authorities and legislature the opportunity to further restrict these rights.

FIDH Annual Report 2017 37


In June 2017, FIDH, together with its member organisation the Polish Society of Antidiscrimination
Law (PSAL), conducted a fact-finding mission on the situation of LGBTI persons’ rights in Poland.
The fact-finding team was able to interview civil society organisations advocating for LGBTI rights,
anti-LGBTI government organised non-governmental organisations (GONGOs), Polish authorities
such as the Ministry of Health, members of the judiciary such as the National Prosecutor’s Office, the
Polish Ombudsman, members of the Polish Parliament, the European Commission delegation to
Poland, friendly Embassies, and associations of teachers. The aim of the mission was to identify
how the degradation of the rule of law in Poland had impacted LGBTI rights and organisations
advocating for them, among others (the mission also focused on women’s sexual and reproductive
rights). A post-mission report will be published early October 2018 with press conferences in both
Warsaw and Brussels, and will serve as an advocacy tool to be used by FIDH to demand strong
action by European Union institutions regarding the situation of the degradation of the rule of law in
Poland (notably the activation of the Art. 7(1) of the Treaty on the European Union procedure). The
chapter on LGBTI rights will also be submitted to the United Nations Independent Expert on Sexual
Orientation, Gender Identity and Expression so as to initiate contact, and will most likely be
accompanied by a briefing. FIDH also plans on scheduling interfaces with its member organisation
PSAL and European Union institutions, as well as to organise a regional capacity building seminar
with Polish civil society organisations encountered during the mission and FIDH’s member
organisations.

Intended outcomes: Decision-makers become more engaged in the fight against violence and
discrimination against LGBTI persons

FIDH was able to contribute to the dialogue between its member organisation, PSAL, and the Polish
authorities. FIDH has enabled the PSAL to enter into a dialogue - previously very difficult - with Polish
authorities on the issue of the protection of the rights of LGBTI persons. During its fact-finding
mission, the FIDH made possible meetings between representatives of the PSAL and representatives
of the Ministries of Justice and Health, Parliament and the Commissioner for Human Rights.

Focus on: Tunisia


FIDH and its member organisations submitted an alternative report on the human rights situation in
the country to feed questions from peers on the occasion of Tunisia's Universal Periodic Review.
Echoing FIDH’s concerns, several countries recommended that the Tunisian authorities repeal Article
230 of the Tunisian Criminal Code, which criminalises homosexuality. These recommendations were
included in the Working Group's July 2017 report and will be followed up.

Focus on: the EU


On 5 June 2018, in a landmark decision, the Court of Justice of the European Union (CJEU) ruled that
a spouse of a same-sex marriage must enjoy the same freedom of movement rights as a spouse of a
different-sex marriage. Defining for the first time “spouse” within the EU Directive on the exercise of
freedom of movement as gender-neutral, the CJEU decision makes it clear that same-sex spouses of
EU citizens must now be granted residence rights in the same way as different-sex spouses. FIDH,
with other NGOs, intervened as a third party in the national proceedings in Romania, which lead to
the case being referred to the EU Court in 2016.

FIDH Annual Report 2017 38


This Court decision was delivered in the Coman & Hamilton Case (Case C-673/16) after the
Romanian Constitutional Court referred to the CJEU the question of whether “spouse” in EU free
movement law could include a same-sex spouse. Adrian Coman (a citizen of Romania) married Clai
Hamilton (a citizen of the USA) in Belgium in 2010, but Romania refused to grant a residence permit
to his husband. Coman and Hamilton then brought a case against Romania for discrimination on the
ground of sexual orientation and for breaching Coman’s EU free movement rights.

FIDH, with ILGA-Europe and the AIRE Center, signed an amicus brief submitted to the Romanian
Constitutional Court in 2016 providing comparative case-law and European jurisprudence regarding
the right to private life, the right to non-discrimination and the recognition of same-sex marriage
concluded abroad. FIDH called upon the Romanian authorities to implement this CJEU judgment and
grant Clai Hamilton and all same-sex spouses in the same position the same residence rights as
different-sex spouses.

The momentous decision of the CJEU will help to accelerate the increase of legal protection for
same-sex couples and their families and could have an important impact on the legislation of EU
Member States, including relating to same-sex marriage. In 2018, 14 of 28 Member States permit
same-sex couples to marry (including Austria, under a Constitutional Court decision that will take
effect on 1 January 2019), while eight have some form of registered partnership law. Only six EU
Member States do not recognise same-sex couples: Romania, Bulgaria, Slovakia, Poland, Lithuania,
and Latvia.

Objective: Combat violence, discrimination and stigmatisation

Intended outcome: Engaging the responsibility of States for violence and discrimination against LGBTI
persons

For many years, FIDH has intervened as a third party in key cases from the European Court of Human
Rights (ECtHR), concerning breaches of the rights of LGBTI persons, to try to create positive
jurisprudence and to influence the development of legislation in Council of Europe Member States.

In 2017, FIDH and its member organisation in France, LDH, intervened as a third party in MT v France
concerning the refusal by France of the asylum request by a gay man from Cameroon, submitted to
the ECtHR on 6 July 2017. FIDH believed it important to intervene as national courts are increasingly
being asked to review claims by LGBTI asylum-seekers and are therefore in need of guidance from
the Court regarding the minimum standard imposed by Articles 2 and 3 of the Convention, especially
in the 19 Council of Europe member states that are not members of the EU. FIDH and LDH
respectfully urged the Court to adopt the same clear statement of principle as the CJEU and the
United Nations High Commissioner for Human Rights (UNHCR). In determining whether or not an
LGBTI asylum-seeker faces a real risk of treatment violating Article 2 or 3 if returned to their country
of origin (which will often mean lethal or non-lethal physical harm, ie, violence committed by state or
private actors), the Court cannot expect the person to reduce that risk by attempting to conceal their

FIDH Annual Report 2017 39


sexual orientation or gender identity, even temporarily, just as they cannot be expected to conceal
their political opinion or religion. FIDH and LDH remain mobilised on this case in 2018.

Intended outcome: Heightened awareness of social groups on the protection of the rights of LGBTI
persons

As in previous years, during the two sessions of the African Commission on Human and Peoples'
Rights held in 2017, FIDH supported interactions between general African human rights NGOs and
LGBTI human rights NGOs. The exchanges held during meetings or joint advocacy help to make
general NGOs aware of the importance of working on the issue of protecting the rights of LGBTI
people. LGBTI rights NGOs benefit from the experience of generalist NGOs in using human rights
protection mechanisms.

Spotlight: FIDH support to LGBTI persons in Chechnya

Since the oubreak of massive attacks on men suspected of homosexuality in Chechnya in spring
2017, FIDH together with its member organisations undertook a number of response actions that
included advocacy, communication, direct assistance to victims and coordination among assistance
providers.

On 13 April 2017, FIDH lodged a complaint to the United Nations Working group on Arbitrary
detention and Working group on Enforced disappearances on the fate of at least 160 men who were
confirmed to have been illegally detained and tortured on grounds of their sexual orientation in
Chechnya. The complaint sought urgent UN actions in response to the killing of at least three of the
detained men suspected of homosexual relations and the alleged disappearance of at least one man
reportedly released to his family.

At the beginning of May 2017, FIDH representatives attended a regional strategy meeting with NGOs
from Russia and host countries in order to form a coherent advocacy and assistance strategy. On 17
May 2017, the International Day Against Homophobia, Transphobia and Biphobia, ADC Memorial,
FIDH and the Center for Civil Liberties launched a campaign in solidarity with LGBT people in
Chechnya and Donbas that resulted in numerous celebrities taking photos with a slogan in support
of LGBT rights.

At the end of May 2017, ahead of a meeting between the Presidents of France and Russia, FIDH met
with counsellors of the French President to present CSOs’ concerns about the human rights
situation in Russia, and in particular about the persecution of LGBTI persons in Chechnya. At the
occasion of the press conference that followed the 29 May meeting, President Macron denounced in
front of President Putin the human rights violations committed against LGBTI persons.

In June and October 2017, FIDH supported Igor Kochetkov, director of the Russian LGBT Network, to
come to France. To date, the Russian LGBT Network has rescued 114 people by exfiltrating them
from Chechnya and by helping them find refuge abroad. Together with the Russian LGBT Network,

FIDH Annual Report 2017 40


FIDH advocated for France as a potential host country to facilitate arrival of LGBT asylum seekers
from Chechnya.

FIDH ensured arrival and settlement of one LGBT asylum seeker who has since been granted refugee
status. Media outcry facilitated advocacy efforts and also resulted in the rise of civic initiatives that
were able to take over the work related to refugee settlement in France. FIDH organised training for
volunteers of such civic initiatives in order to raise their awareness about Chechen history and
culture. Since then, the latter civic initiative grew into an NGO that to date has supported the arrival
of about a dozen Chechen LGBT refugees. In the meantime, FIDH has continued to coordinate among
French NGOs specialising in LGBT rights protection through strategy meetings and by convening
partners to advocacy meetings with the French authorities.

2017 in numbers

4 press releases on the situation of LGBTI persons

1 complaint submitted

1 amicus curiae submitted

FIDH Annual Report 2017 41


Priority 5: Promoting the Rights of Migrants

Context and challenges

3.2% of the world’s population are international migrants. This figure includes refugees fleeing
persecution or fear of persecution, persons displaced by environmental factors, those who leave
their country of origin to seek employment and retired persons from Northern countries in search of
sunshine. The percentage has remained stable for years, yet the reasons for migration – voluntary or
forced – have become increasingly complex and the countries of destination more diverse.

Given the attraction of emerging economies (Brazil, India, China) and oil-producing countries such as
the Gulf states and several African countries, the majority of migration takes place towards the
Southern hemisphere (South-South or North-South), or from one country in the North to another.
Despite this, states in the Northern hemisphere remain obsessed by a fear of "invasion" by poor
migrants from the Global South.

Closed border policies are now the norm for most governments. New laws, policies and treaties are
restricting migrants' rights and allowing for their detention and deportation to their countries of
origin or transit, including to crisis areas. At least a million people worldwide were officially deprived
of freedom between 2013 and 2015 solely because of their irregular status, and at least 60,000 died
at borders between 1996 and 2016.
The European Union and its Member States continue to adopt and implement security policies and
laws at the expense of migrants' rights. Agreements outsourcing migration policies are signed with
non-European countries whose guarantees of respect for human rights are insufficient or non-
existent. This approach is also characterised by the militarisation of borders and modernisation of
control systems (files, biometric passports), along with a growing tendency to detain migrants.
These policies are implemented with the support of transnational agencies such as Frontex, which
often deal through local or multinational security, construction, or information technology and
communications companies, sometimes acting through subsidiaries. This complex system absolves
the actors of repression from their responsibilities and makes it difficult to litigate against them. At
the same time, civil society organisations and citizen initiatives in solidarity with migrants are
increasingly being criminalised. Access to asylum is increasingly limited in the EU due to the
difficulty of reaching European territory as well as because of the legal and material dysfunctions of
the asylum systems and the refusal of Member States to share the burden of accommodating
refugees.
In pursuit of the same goal of outsourcing, the United States Army has been deployed to the Mexico-
Guatemala border, and Australia has been detaining asylum seekers on islands and extraterritorial
enclaves.

Migrants worldwide experience rights violations and are victims of discrimination and xenophobia.
Protections or legalisation for refugees remain limited in many countries of immigration, transit or
refuge such as China, South Africa or Malaysia.

FIDH Annual Report 2017 42


These repressive, discriminatory circumstances also exist in the working world, leaving migrants
more vulnerable to labour exploitation and/or rights infringements, as seen notably in Asia, Africa,
Eastern Europe and Central Asia, as well as in the Persian Gulf countries. Criminal groups use
exploitative practices as widely as do employment agencies or multinational corporations,
sometimes with the approval and even support of government agencies. In some sectors, such as
domestic work, migrant women are subjected to particularly degrading treatment. Portability of
social rights remains the exception, not the rule.

FIDH and its member organisations: action and results

The protection of the rights of migrant persons is one of FIDH’s priorities. Through its network of
members and partners in countries of departure, transit and arrival, FIDH documents violations of
the human rights of migrant persons throughout their journeys and calls on national authorities to
adopt legal and political reforms. FIDH participates in the campaign for the universal ratification of
the Convention on the protection of the rights of all migrant workers and members of their families.
The Federation also fights against impunity of perpetrators of violations of the human rights of
migrant persons, including through strategic litigation, and denounces the failure of European
migration policy and calls on the EU to overhaul its approach in order to protect human rights.

Objective: Support laws and policies that protect the rights of migrants

Intended outcome: Member and partner NGOs supported to build their capacity to act

In line with a reflection on the potential levers of action to promote protection of migrants,
particularly in the Mediterranean area, the FIDH and its member organisation in Greece, the Hellenic
League for Human Rights, organised a seminar in Athens in July 2017 to share experience, expertise
and strategic discussions on contentious actions in favour of migrants' rights.

The seminar was an opportunity to bring together members and lawyers of the Hellenic League as
well as lawyers from the FIDH's Litigation Action Group to present the contentious proceedings
initiated at the national, regional and international levels and to analyse the remedies potentially
available for the protection of migrant persons. Legal actions have thus been identified on specific
themes to be documented and monitored by FIDH and the HLHR. An analysis note on these legal
leads will be produced in 2018 for dissemination to FIDH member organisations and as a basis for
future actions.

Intended outcome: States, intergovernmental bodies, transnational agencies and companies made more
aware of the rights of migrants

Focus on: Libya


Libya has become the most important hub for migration to Europe in the Mediterranean. With the
closure of the Turkish route following the EU/Turkey agreement and the strengthening of smuggling
networks in the unstable Libyan context, migrants’ arrivals in Libya to reach Europe are very
important. However, the maritime route in the central Mediterranean is also hampered by the

FIDH Annual Report 2017 43


coastguards and militias patrolling the Libyan coast, and by the logic of repression and systematic
confinement of migrants on Libyan territory.

In this context, FIDH wished to investigate the situation of migrants, many of whom find themselves
trapped in Libya. Unable to move around Libyan territory to do so, FIDH has undertaken to collect in
Italy and France the testimony of people who have passed through Libya before migrating to other
countries. The testimonies report systematic violence and ill-treatment in these places of
confinement in Libya. The vast majority of migrants live in fear of sexual and gender-based violence
(SGBV), which is very common against, but not limited to, women. FIDH was able to report on the
existence of these crimes, which have so far been under-documented, due to their nature but also to
the lack of awareness and training of those documenting violations committed against migrants.

On the basis of its investigation, the FIDH will analyse the qualification of crimes committed in Libya
in the light of the statements made by the Prosecutor of the International Criminal Court, who plans
to open an investigation into crimes against migrants in Libya, which she believes has become a
market for trafficking in human beings. FIDH will publish the report of its survey and analysis in
2018. FIDH has also stepped up its advocacy, through a forum and press releases, to call on EU
heads of state to review their cooperation agreement with the Libyan government, which calls on
Libya to block the Mediterranean migration route in exchange for large sums of money.

Focus on: Greece


FIDH and Hellenic League for Human Rights representatives visited the Vial hotspot and Souda
camp on the Greek island of Chios. This visit was an opportunity for our organisations to examine
the modalities of identification of exiled persons and the asylum procedure. It also enabled FIDH to
become aware of the housing conditions of migrants, in particular for minors, pregnant women and
families; the conditions of hygiene, access to water and food, and access to health. This visit
contributed to the advocacy of the Hellenic League for Human Rights and FIDH with the Greek
authorities and the EU for the respect of migrants' rights.

Intended outcome: Engaging the responsibility of the perpetrators of violations of the rights of migrants

Focus on: the “left-to-die” case


In March 2011, while states were patrolling NATO's operation against the Gaddafi regime, 72
migrants fleeing Libya in a makeshift boat were left adrift. Distress signals were sent to the Italian
Coast Guard, NATO and all vessels in the area. Helicopters and a military boat saw the craft but did
not assist the passengers. After 15 days, the boat washed up on the Libyan coast with 11 survivors.
Two died shortly after disembarking. Sixty-three people, including 20 women and three children, lost
their lives in the absence of any rescue. In order to establish the responsibilities of the armed forces
present in the area at the time of the tragedy, FIDH, the GISTI (Groupe d’informations et de soutien
des immigré.e.s), the French and Belgian human rights leagues and Migreurop put together a group
of lawyers to work on the case. These lawyers initiated legal proceedings, often on behalf of
survivors, in Italy, France, Belgium and Spain between 2012 and 2014. Requests for information were
also submitted in the United Kingdom, the United States and Canada to secure details of the actions
of the naval forces from these three countries in the Mediterranean at the time of the alleged events.

FIDH Annual Report 2017 44


By launching such procedures at national level, FIDH and its partners showed that the sea is not a
lawless place and that these crimes cannot go on unpunished.

In 2017, FIDH coordinated a meeting of organisations and lawyers working on this case in France,
Spain and Belgium to review the judicial proceedings initiated in these countries. Faced with the
closure of the investigation in France motivated by the absence of evidence as to the presence of a
French military vessel near the drifting vessel, FIDH and the LDH took the decision to appeal. FIDH
and LDH will follow up this case in 2018.

Focus on: France


FIDH and the Ligue française des droits de l’Homme (LDH) intervened as a third party in the case MT
v France concerning the refusal by France to grant asylum to an LGBTI person from Cameroon,
calling on the Court to follow the principles set out by the Office of the United Nations High
Commissioner for Human Rights. In determining the risk to the person upon return to the country of
origin, countries of arrival should not be able to consider that the risk will be minimised if the person
conceals his or her homosexuality, even temporarily, just as a person cannot be asked to deny his or
her political opinion or religion. FIDH and LDH will follow the developments of this case in 2018.

Focus on: Greece


Following the strategic seminar in Athens on the analysis of potential judicial or quasi-judicial
remedies brought by FIDH and its members to protect the rights of migrants, in particular in Greece,
FIDH and GISTI decided to file an amicus curiae in the case JB v. Greece pending before the ECHR.
The amicus curiae aims to demonstrate that the decision of the Greek authorities to consider Turkey
as a safe country for the return of asylum seekers in hotspots is contrary to Article 3 of the European
Convention on Human Rights. It also seeks to denounce the lack of adequate procedural safeguards
for migrants on the Greek island of Lesbos, in violation of articles 3 and 13 of the Convention. FIDH
and GISTI will follow up the development of the case before the ECHR in 2018.

Objective: Promote the rights of migrant workers

Intended outcome: Decision-makers more mobilised for protection of the rights of migrant workers

Hundreds of thousands of labour migrants from Central Asia leave to seek work in Russia and other
neighbouring countries, primarily Kazakhstan. Migrant workers are systematically subjected to
serious exploitation and abuse both in their countries of origin and destination. While these
labourers remain vulnerable to exploitation and discrimination at the hands of their employers and
local authorities, the situation of civil society and therefore its capacity to effect positive change for
migrant workers continues to be degraded. In the context of shrinking space for civil society, human
rights defenders and civil society ‘watch-dogs’ are viewed with increased hostility by the authorities
and are often subjected to aggressive state-orchestrated defamation, intimidation, and judicial
attacks.

As part of its programme, FIDH has conducted missions to Kyrgyzstan and Kazakhstan to identify
civil society organisations – local human rights NGOs and trade unions – that can work together to

FIDH Annual Report 2017 45


protect the rights of migrant workers. Representatives of the 10 local organisations identified
subsequently participated in training workshops organised by FIDH in Geneva and Almaty on
techniques for documenting violations of migrant workers' rights and on international mechanisms
for the protection of rights. The local organisations that participated in these training sessions
subsequently cooperated to gather information to inform the investigative work of FIDH and its
organisations on violations of migrant workers' rights.

Based on information gathered by local organisations and FIDH experts who visited Kyrgyzstan and
Kazakhstan, FIDH was able to analyse and qualify violations of migrant workers' rights in the country
of departure (Kyrgyzstan) and the country of arrival (Kazakhstan). The investigation report with
recommendations for the protection of migrant workers' rights was subsequently published in 2018
and transmitted to the national authorities concerned.

Because FIDH identified, gathered and collaborated with over 30 international experts from
Kyrgyzstan, Kazakhstan, Russia, Belgium, France and Switzerland to work on the protection of the
rights of migrant workers and members of their families in Central Asia, FIDH and its member
organisations are now clearly identified as experts on migrant workers by Geneva and other
international partners. These partners represent nine CSOs from Central Asia, three international
CSOs, three international labour organisations and three intergovermental organisations.

In 2017, FIDH visited ILO headquarters in Geneva twice, including with several representatives of
local Kyrgyz and Kazak organisations, to question the organisation on the situation of migrant
workers and to get it to react on the specific situation of migrant workers in Kyrgyzstan and
Kazakhstan. FIDH will continue its advocacy in 2018 to ensure that the ILO speaks out on this
situation.

Spotlight: Video to raise awareness on rights of migrants

On the occasion of the World Day for Refugees’ Rights (20 June 2017), FIDH launched a short
animated video clip retracing the chaotic journey of a Syrian refugee family between Turkey and the
European Union. Designed by Simon Higelin, with the voice of Jane Birkin, the animation illustrated
several typical situations that refugees face: lack of work permits, the dangerous crossing to Greece,
encampments on the edges of Europe, and forced return to Turkey.

While the media and political discourses evoke an unprecedented migratory crisis sweeping Europe,
the EU actually hosts only six percent of the world’s refugees. The short film aimed to deconstruct
fake news and stereotypes and to denounce the abuses that refugees suffer.

The viewer was invited to learn first about Meriem, a Syrian woman surviving in Turkey with her
family, and then her brother, who has crossed the sea to Europe and ended stuck in a camp on the
Greek island of Lesbos, before being sent back to Turkey (the EU-Turkey deal of 2016 in practice).

FIDH Annual Report 2017 46


Finally, the story expands to the situation of the 65 million people who are victims of forced
displacement and migration worldwide. While camps are multiplying and individual rights are
shrinking, simple solutions for the concrete improvement of their living conditions do exist: easier
access to safe zones, access to education and housing, and work permits are only but a few.

The video was launched on social media in June 2017, where it became FIDH’s most retweeted post
for the year. It was shared more than 2,000 times on Facebook and generated more than 20,000 page
visits on FIDH’s website.

2017 in numbers

3 missions

10 press releases on the situation of migrants

FIDH Annual Report 2017 47


Priority 6: Fighting Impunity and Protecting Populations from the Most
Serious Crimes

Context and challenges

Fighting impunity for the most serious crimes is a key element in preventing their repetition, through
the judgement of those responsible, the implementation of victims’ rights and, ultimately, the
strengthening of the rule of law. Victims’ access to justice at the national level is the first exercise of
their right to truth, justice and reparation. But depending on the authorities’ lack of capacity or
willingness to prosecute the perpetrators of these crimes, domestic remedies may not be accessible
to victims. Therefore, victims should be able to access other mechanisms or tribunals, whether in a
third country (through extraterritorial or universal jurisdiction) or at regional or international level.
Major legal breakthroughs before national courts were seen in 2017, fostering accountability for the
crimes committed in West Africa, for example. The future of the fight against impunity in these
countries remains dependent on the capacity and continued willingness of political and judicial
authorities.

Activation of extra-territorial forms of jurisdiction, as the ultimate remedy for victims when no
national or international courts have jurisdiction, was also key to enabling victims of the gravest
crimes, in particular committed in Syria, to seek justice. FIDH lawyers are supporting and
representing Syrian victims and their families in different investigations underway in Europe. These
proceedings are possible because of the involvement of specialised war crimes units created in
certain countries to foster accountability for the most serious crimes, also supported by other
mechanisms such as the International Impartial and Independent Mechanism for Syria established
by the UN General Assembly in late 2016. Facing particular challenges, these proceedings also need
to be strengthened and receive major political support. FIDH has advocated for their necessary
reinforcement.

One major case came to an end in 2017 before a hybrid court. The Extraordinary African Chambers
within the Senegalese Tribunals confirmed on appeal the sentence of Hissène Habré to life
imprisonment for crimes against humanity, war crimes, and torture, perpetrated under his presidency
of Chad between 1982 and 1990. In Central African Republic, the Special Criminal Court is slowly
taking shape, with the nomination of its prosecutor, judges and staff. Mobilisation for the creation of
other hybrid courts, such as in South Sudan, is continuing, where ongoing impunity for the
perpetrators of international crimes appears to have become the norm.

In the absence of national proceedings, the ICC acts as a court of last resort. In 2017, the ICC opened
an investigation in Burundi, a few days before the withdrawal of Burundi from the ICC Statute was
effective. Both Gambia and South Africa decided in February 2017 to reverse their initial withdrawal
and to remain in the ICC, an important signal towards the prevalence of the rule of law and the fight
against impunity. It is to be noted that throughout 2017, the ICC conducted the trial of former LRA
Commander Dominic Ongwen (Uganda), the first ICC trial for a wide range of sexual and gender-
based crimes, the Prosecutor also requested authorisation to open an investigation on crimes

FIDH Annual Report 2017 48


committed in Afghanistan since 2003. The ICC also decided in April 2017 to unseal a new arrest
warrant within the framework of the Libya investigation, targeting Al-Tuhamy Mohamed Khaled,
wanted for war crimes and crimes against humanity committed in Libya in 2011, while the
Prosecutor of the ICC stressed during her briefing to the UN Security Council her concern of
increasing crimes committed in recent years against migrants in Libya. During the ICC’s 16th session
of the Assembly of States Parties, an agreement was obtained at the very end of the session, to
activate the jurisdiction of the ICC over the crime of aggression as of 17 July 2018, a historic
development towards accountability for this crime against peace. The ICC led investigations and
prosecutions in 10 situations in Africa (Uganda, Democratic Republic of the Congo, Central African
Republic I and II, Kenya, Sudan, Libya, Ivory Coast, Mali, Burundi), as well as in Georgia, and
preliminary examinations notably on Palestine, Afghanistan, Ukraine, Colombia and Guinea.
Important decisions on reparations to victims were issued in the Germain Katange case (DRC) and
the Al Mahdi case (Mali). The Trust Fund for Victims expanded its activities to assess possibilities
for assistance projects in Ivory Coast, Mali, and Georgia. Important challenges remain, associated in
particular with the lack of cooperation, political and financial support from States Parties to the ICC
Statute.

Finally, an essential recourse for victims, notably when impunity prevails at the national level, is to
point to the responsibility of states in the commission of international crimes. International and
regional judicial and quasi-judicial treaty bodies have a role to play in this regard. Highlighting the
responsibility of multinational companies as accomplices in international crimes remained a
challenge in 2017.

FIDH and its member organisations: action and results

Objective: Document the most serious crimes

Intended outcome: Establishing the facts and responsibilities regarding the most serious crimes

Focus on: Ukraine


Following the seminar on documenting violations of international humanitarian and human rights
law, in particular sexual and gender-based violence (SGBV), organised by FIDH and Kharkiv Human
Rights Group in Kharkov, Ukraine, in July 2016, the coordinator of the Coalition for Justice and Peace
in Donbas approached FIDH with a request to organise a similar capacity-building session for its
members, especially those engaged in documenting SGBV.

In June 2017, 22 NGO representatives (17 participants selected by the Coalition and five from FIDH’s
network) attended the capacity-building seminar in Kiev. Cases of SGBV in Eastern Ukraine and
Crimea were identified.

FIDH capitalised on the mission to also hold meetings with NGOs to share its knowledge on the ICC
and documentation of SGBV and to bring together Coalition members to cooperate on an Article 15
communication to the ICC in order to influence the scope of its ongoing preliminary examination into
the situation of Ukraine. With the help of a consultant hired by FIDH and working with an Ukrainian

FIDH Annual Report 2017 49


partner organisation having specialised in the documentation of SGBV in Eastern Ukraine, the data
collected was reorganised and evidence on SGBV was strengthened, in view of a submission of an
Article 15 communication on this issue to the ICC, to be submitted in September 2018.
In addition, other NGO representatives having participated in these capacity-building and exchange
sessions on the documentation of SGBV, including with a litigation angle, incorporated the shared
good practices and expertise in their documentation methodology, including reviewing their previous
documentated cases to requalify some of them, especially torture cases, as SGBV cases.

Focus on: Iraq


Two documentation missions to Iraqi Kurdistan were held in 2017 to support and supplement
documentation work by FIDH’s partner organisation and start to build cases that could trigger
criminal investigations and prosecutions for international crimes committed against the Yazidi
community. The first mission, which included interviews with key stakeholders in the region, enabled
FIDH to analyse ISIS ideology towards the Yazidis and better understand opportunities and
challenges for activating criminal accountability mechanisms.

During the second mission, FIDH identified several victims of foreign ISIS fighters and collected
detailed testimony on the crimes they perpetrated. These testimonies were shared with national
prosecutors investigating the role of nationals from their countries in crimes committed against the
Yazidis in Iraq and Syria. The findings of these missions will be summarised in a report to be
published in 2018. FIDH also intends to bring Yazidi victims to formally testify in the relevant
jurisdictions to help investigators identify the suspects, and will provide legal representation as well
as psychological support. This litigation work follows active advocacy work led by FIDH towards
national prosecutorial authorities to foster prosecutions based on international crimes, and not
exclusively on terrorism charges, in order to develop a victim-based approach over the crimes
perpetrated by ISIS in the region.

Focus on: Georgia


In June-July 2017, an FIDH-HRIDC fact-finding delegation met with 15 men and 19 women, based in
10 villages that were affected by the 2008 Georgia-Russia conflict and in the Berbuki internally
displaced persons (IDP) camp, close to Gori. Many civilians were victims of crimes committed during
the war between Georgian, Russian and South Ossetian de facto forces. A large segment of the
population in these villages was forcibly displaced during the conflict. Interviews were conducted
with these victims in order to document their testimony.

A report was subsequently prepared, published and presented to the ICC in 2018. During 2017 FIDH’s
Justice team continued discussions with Georgian NGOs and provided advice on advocacy and
outreach strategies, including around the creation of the ICC field office in Georgia. FIDH contributed
comments to the draft of the Georgian CSOs’ paper on the ICC’s ongoing investigation in Georgia,
and worked with HRIDC and the Norwegian Helsinki Committee on a public call for Georgian
authorities to enable access to justice for victims of the 2008 war.

The mission to Georgia resulted in a new approach in order to contribute to the ICC OTP investigation
and in particular the contribution to inclusion of the impact of the crimes within their criteria to

FIDH Annual Report 2017 50


select cases. FIDH has continued to pursue this issue in 2018, including through publication of a
report, meetings with authorities and the ICC field office in Georgia, and advocacy meetings in the
Hague as well as strategic discussions with FIDH, its Georgian and Russian partners and the ICC
Victims Participation and Reparation Section and the OTP.

Objective: Support victims’ access to justice

Intended outcome: Engaging criminal responsibility of the perpetrators of the most serious crimes

Focus on: West Africa


The first ever Malian war crimes trial took place against a former Islamist police chief, Aliou
Mahamame Touré, in August 2017. A team of lawyers from FIDH and its member organisation in Mali
represented eight victims in the trial, which was also the first trial on crimes committed by extremist
armed groups active in Mali. The trial resulted in a conviction and 10-year prison sentence.

In Guinea, lengthy investigations in emblematic cases (including the 28 September 2009 massacre,
in which FIDH lawyers represent 450 victims) were concluded in 2017, in preparation for trials that
should take place in 2018.

In December, the first criminal trial of a CAR warlord, Rodrigue Ngaibona, took place in Bangui,
leading to a conviction for life imprisonment in early 2018. FIDH has been documenting crimes as
well as accompanying and providing legal representations to victims in CAR since 2015.

Focus on: Syria


FIDH remains committed to supporting victims and civil society in their continued search for
accountability for crimes committed in Syria, where more than 400,000 civilians have been killed
since March 2011. FIDH has devised a multi-dimensional accountability strategy that includes
building strategic relationships with key Syrian partners, including FIDH member organisations,
active on documentation and the fight against impunity with a view to reinforce their capacity to
bring cases and actively contribute to ongoing cases before national jurisdictions on the basis of
extraterritorial jurisdiction.

FIDH and its lawyers actively contributed to ongoing criminal investigations in Europe by identifying
and bringing key witnesses to testify as well as requesting investigating judges to take certain steps
to advance cases and providing legal representation, material and psychological support to victims.

FIDH is engaged in four cases targeting perpetrators of grave crimes in Syria, providing legal
representation to eight victims. The Dabbagh case, for example, filed by FIDH in 2016 and currently
under judicial investigation in France, concerns a father and 20-year old son taken from their home
by Syrian intelligence agents in November 2013 to Mezzeh (in Damascus), a notorious regime
detention and torture centre. It is hoped that this investigation – to which FIDH lawyers actively
contributed in 2017 – will lead to the truth about the fate of this father and son, whose story echoes
that of tens of thousands of disappeared in Syria, as well as to a determination of the criminal
responsibility of the regime officials responsible for crimes committed against them.

FIDH Annual Report 2017 51


Focus on: corporate actors
FIDH continued to challenge the impunity of European companies supplying surveillance equipment
to repressive regimes in 2017, a topic on which we have been active for several years through
documentation, litigation and advocacy. In November 2017, FIDH with the support of its French and
Egyptian member organisations, filed a complaint with the French war crimes unit that led to the
opening of a criminal investigation into the sale of equipment to Egypt. Two other criminal
investigations into supply contracts to Syria and Libya are already underway, in which FIDH lawyers
are supporting 12 victims of crimes including arbitrary detention and torture.

Focus on: Chad


On April 27, 2017, the appeals court of the Extraordinary African Chambers in the Senegalese court
system confirmed the verdict of the trial Chamber pronounced on 30 May 2016 against the the
former Chadian dictator Hissène Habré, sentencing him to life in prison for crimes against humanity,
war crimes, and torture. The court ordered Habré to pay approximately 123 million euros in victim
compensation.

FIDH and its member organisation in Chad and Senegal supported this 25-year fight for victims’
access to justice, and will continue to monitor the implementation of the reparation orders.

Focus on: Burundi


The ICC announced its decision in November 2017 to open an investigation into crimes committed in
Burundi between 26 April 2015 and 26 October 2017. The decision was warmly welcomed by FIDH
and its member organisation ITEKA who have been working on the situation in the country since
2015, notably through extensive documentation and advocacy. In 2016, FIDH published the report of
a fact-finding mission denouncing and demonstrating international crimes committed in Burundi and
the risk of genocide. This report, on which FIDH based an intense advocacy and public awareness
campaign, was forwarded to the Office of the Prosecutor of the ICC requesting a preliminary
examination of the situation. A new report was published in 2017, focussing on the ongoing human
rights violations and the repressive and dictatorial methods of the Burundi authorities, and calling on
the international community to respond. It also highlighted the means used by the regime to impose
its authoritarian policy, including the role and increased radicalisation of the Imbonerakure militia.

Following the ICC’s announcement, FIDH organised a side event during the 16th session of the
Assembly of States Parties in December 2017, to discuss Burundi in the aftermath of the opening of
the investigation and the country’s withdrawal from the Court.

Focus on: Afghanistan


A delegation of 12 representatives of Afghan civil society, a representative from American member
organisation the Center for Constitutional Rights, and FIDH staff was present in the Hague in April
2017 for strategic exchanges regarding the ICC preliminary examination of alleged international
crimes in Afghanistan. The objectives of the mission were to map available information and capacity
of local civil society to support an ICC investigation, and to develop a common strategy and action

FIDH Annual Report 2017 52


plan including capacity building, information gathering and communication, and security of
defenders in the context of such an investigation.

A first global exchange was held with ICC representatives on the Afghan situation and the state of
investigations, as well as a public seminar at the Leiden University College. The delegation
capitalised on the opportunity to issue a public call for the opening of a full investigation.

The common strategy is being put in place with regular follow-up exchanges between NGOs and with
ICC representatives. In September 2017, a second mission to the Hague met with ICC representatives
on the state of investigations and plans for outreach and interaction with victims, and also
conducted an informal mapping of potential funding opportunities for further work on this topic.

Following an initial announcement published on 3 November 2017, the Prosecutor of the ICC
submitted on 20 November 2017 her request to the ICC Pre-Trial Chamber III to open an investigation
into the situation in Afghanistan.

In response, FIDH and its member organisations Armanshahr / OPEN ASIA in Afghanistan and the
Center for Constitutional Rights (CCR) in the US published a Q&A on Afghanistan and the ICC
clarifying the origins, the meaning, the next steps and the challenges that this important submission
brings about.

Focus on: Colombia


During a May 2017 mission, an FIDH delegation met with grassroots organisations in Medellín and
visited the Peace Community of San José de Apartadó to investigate the presence of paramilitaries
in the region of Antioquia as well as to show solidarity with the victims of international crimes
committed in this community. During a press conference in Bogotá on 18 May, mission delegates
launched the report The contribution of Chiquita corporate officials to crimes against humanity in
Colombia in order to draw attention to the responsibility of companies for international crimes
committed during the internal armed conflict in Colombia and their ongoing impunity. The report,
which was submitted as a communication to the ICC, was prepared in partnership with the Harvard
Law School Clinics and documented the implication and therefore responsibility of executives of the
multinational Chiquita Brands in crimes against humanity through their financing of paramilitary
groups between November 2000 and (at least) February 2004.

Focus on: Guinea


FIDH and the OTP maintain regular contact and FIDH continued to submit information about the
national proceedings and in particular the information around the closure of the national
investigation on the 28 September 2009 massacre, object of the ICC preliminary examination.

Objective: Strengthen mechanisms of justice

Intended outcome: Mechanisms to fight impunity created or strengthened

Focus on: CAR

FIDH Annual Report 2017 53


In the findings of the 2013 and 2014 CAR investigative reports, FIDH called for the establishment of a
mixed tribunal that would make up for the lack of willingness and capacity of national courts to fight
the impunity of the authors of the most serious crimes committed since 2003 in CAR. Several
missions to CAR and advocacy at the Security Council brought awareness to the authorities and the
UN regarding the importance of this type of judicial mechanism. Several communications made it
possible to continue this advocacy. FIDH intervened in the drafting process leading to the draft law
for a Special Criminal Court to investigate, prosecute, and try serious human rights violations
committed on the territory of the country since 2003, that was to be adopted by the National
Transitional Council and promulgated on June 3, 2016 by the President of the Republic.

FIDH has continued its advocacy within the international community for sufficient financial and
logistical support for the establishment and effective exercise of the Court, and has collaborated
with the Prosecutor and newly appointed judge.

Focus on: Syria


Following the creation of the International Impartial and Independent Mechanism (Mechanism) by
the UN General Assembly in late 2016 after the Security Council remained blocked on the issue of
accountability for Syria, a series of recommendations addressed to the Mechanism’s new leadership
were published, with a view to maximising the potential of this novel initiative. FIDH continued its
advocacy work vis-à-vis the Mechanism by participating in bilateral and group meetings with
different stakeholders including Syrian civil society, the UN OHCHR, diplomats supporting or
considering support to the initiative and with the Mechanism itself.

During its October meeting, the European Union Genocide Network discussed the interaction with
NGOS and how specialised units for the prosecution of international crimes on the basis of
extraterritorial jurisdictions and civil society organisations could strengthen their joint strategy and
cooperation. FIDH who is one of the few NGO participating in this bi annual meetings actively
participated in this meeting, being involved in many national prosecutions, in particular within the
French Specialised unit.

Focus on: the ICC


After years of discussions and days of diplomatic negotiations at the 16th ASP in New York, States
Parties decided by consensus to activate the Court’s jurisdiction over the crime of aggression as of
17 July 2018, the day of the 20th anniversary of the ICC Statute and the international day of criminal
justice. FIDH welcomed this historic development towards accountability for this crime against
peace.

Following years of negotiations, the ASP finally adopted by consensus a long negotiated amendment
broadening the definition of war crimes falling under the ICC jurisdiction. Amendments to Article 8 of
the ICC Statute incorporate the use of biological and laser weapons, as well as weapons with the
primary effect to injure by fragments. However, no consensus emerged on the use of land-mines
where incorporation would need further negotiations.

Objective: Support the protection of populations in situations of conflict and crisis

FIDH Annual Report 2017 54


Intended outcome: Populations in situations of conflict and crisis better protected

In 2017, according to the United Nations, Yemen endured the world’s largest humanitarian crisis, with
at least seven million people on the brink of famine and hundreds of thousands suffering from
cholera. This crisis is manmade, with the war deepening and exacerbating the humanitarian situation
in the Middle East’s poorest country, and both sides impeding the delivery of humanitarian aid.

Serious violations of international humanitarian law and violations and abuses of international
human rights law by parties to the conflict have continued to be committed with impunity. The Saudi
Arabia-led coalition has conducted scores of unlawful airstrikes, some of which may amount to war
crimes, that have killed thousands of civilians and hit schools, hospitals, markets, and homes. The
Houthi armed group and forces loyal to former president Ali Abdullah Saleh have fired weapons
indiscriminately into populated areas in Yemen and southern Saudi Arabia and used explosive
weapons with wide-scale effects in cities such as Taizz and Aden, killing and maiming scores in
attacks that may amount to war crimes.

In spite of repeated calls made since 2015 in support of efficient investigative mechanisms into all
cases of violations and abuse of human rights and of violations of international humanitarian law,
their establishment through the Office of the High Commissioner in Yemen remained difficult in
practice. The Houthi-Saleh side has publicly refused to cooperate with the Yemeni national
commission or OHCHR in its capacity implementing the resolution. In addition, the Saudi-led
coalition’s investigative mechanism (JIAT) had also failed to conduct credible investigations into
alleged violations and abuses. In 2016, Saudi Arabia had threatened to withdraw funding from critical
UN programs if the Secretary-General did not remove the coalition from his annual “list of shame” for
violations against children.

In September 2017, FIDH renewed its call on the Human Rights Council to establish an independent
international inquiry to investigate alleged violations and abuses of international human rights law
and violations of international humanitarian law committed by all parties to the conflict in Yemen. A
mandate was finally established, to document the facts and circumstances, and to collect and
preserve evidence of, and clarify responsibility for, alleged violations and abuses of international
human rights law and violations of international humanitarian law, with a view to ending impunity
and providing accountability. Beyond Geneva, advocacy carried out by FIDH in Paris to the office of
the French President, contributed to convince supporters of the Saudi-led coalition to intervene in
support of the creation of such a mandate, contributing to its establishment through a consensus
vote.

Spotlight: Denouncing crimes against humanity in Mexico

In a document published in July 2017, FIDH and several Mexican non-governmental human rights
organisations urged the Prosecutor of the ICC to open a preliminary examination on the serious
crimes committed in the Mexican state of Coahuila from 2009 to 2016. The submission was based

FIDH Annual Report 2017 55


on an investigation and legal analysis conducted by FIDH with the support of more than 80 Mexican
organisations. It detailed how, between 2009 and 2016 in Coahuila, the authorities and the Zetas
cartel committed crimes against humanity, including serious deprivation of physical liberty, torture
and forced disappearances, as part of a systematic attack against the civilian population of that
State.

FIDH staff accompanied representatives from the co-author NGOs of the communication – including
Michael Chamberlin, Deputy Director of Fray Juan de Larios Human Rights Center in Coahuila, Ariana
García, legal representative of United Families in the Search and Location of Missing Persons, and
Bishop of Saltillo Padre José Raúl Vera López – to meet with ICC Prosecutor Fatou Bensouda and
her team to discuss the situation of crimes in Mexico and the absence of national prosecution, and
therefore to contribute to the OTP’s analysis to decide on the opening of a preliminary examination.

Thanks to the ambitious press and communication strategy – including press conferences in the
Hague, Mexico DF and Saltillo, coordinated interviews, wide use of social media, and translation of
the report and press release – the report on Coahuila, Mexico, was widely covered by the press,
including: CNN, The World, The New York Times, Deutsche Welle (DW), Huffington Post, ARTE TV,
Aristegui Noticias, as well as major news agencies like AFP, EFE and major Mexican media outlets
including El Universal, Reforma, The Jornada, Vanguardia, and Animal Político. Continued and
targeted contact with journalists to keep them informed throughout this period (not just at the time
of the launch of the report) allowed the press to follow the case for months. In total the report has
been covered at least 175 times in the media (TV, print media, radio, blogs, internet, etc) in addition to
wide mobilisation through social networks.

Work on the communication has been followed by a TV team from ARTE.TV (German-French TV)
which produced the documentary called Mexico – Justice for the Disappeared, broadcast on 30
November 2017 and through social media.

2017 in numbers

Involvement in 79 litigation proceedings covering 40 country situations

Close to 1,200 victims supported

FIDH Annual Report 2017 56


Priority 7: Promoting Respect for Human Rights by Economic Players

Context and challenges

While competition for access to resources is increasing throughout the world, the economic
development of many countries depends on the exploitation of natural resources. Deregulation of
trade and investment flows, the protection granted to foreign investors, and the high degree of
interdependence among economies worldwide, along with foreign debt and the policies of
international financial institutions, have reduced the role and influence of States in conducting
economic and social policies designed to enhance the welfare of their own populations. Moreover,
the economic importance of countries such as Brazil, Russia, India, China and South Africa and of
transnational corporations originating in those countries, which operate notably in many countries of
the global South, pose significant challenges when it comes to guaranteeing the protection of human
rights.

It remains extremely difficult to stand up for economic, social and cultural rights, especially in an
international context where human rights protesters and defenders who challenge powerful
economic interests are perceived as a threat and civil society space is increasingly shrinking. All too
often, States respond by stigmatising, repressing or criminalising communities and defenders,
journalists and political opponents who speak out against violations of human rights associated
with investment projects. In this connection, land rights defenders are increasingly targeted on every
continent.

Seven years after the adoption of the United Nations Guiding Principles for Business and Human
Rights (UNGP) in June 2011, and despite the advances made, particularly in terms of stakeholder
renewal of the Principles and corporations’ understanding of their responsibility to respect human
rights, progress remain far from satisfactory. Victims’ access to redress is all too often illusory, as
the obstacles to access judicial and non-judicial mechanisms are numerous and sometimes
aggravated by legislative reforms or narrow interpretations by national jurisdictions.

In June 2014, following calls from civil society and social movements, the United Nations Human
Rights Council adopted a resolution requesting the drafting of an international instrument on
business and human rights. The intergovernmental working group responsible for drawing up a
treaty on business and human rights met for the third time in October 2017. This third session
featured a discussion on the elements of the treaty proposed by the Chair of the Working Group.
Discussions saw not only increased participation by States, especially Europeans, but also more
active participation of States’ delegations who had previously remained silent. In order to succeed,
this process needs to count on active participation and good faith on the part of all States, including
those in which the parent companies of multinational businesses are based. The Intergovernmental
Working Group (IGWG) towards a Treaty on Transnational Corporations and other business
enterprises is one rare example of a true multilateral process aimed at responding with concrete
solutions to the gaps and inequalities created by globalisation that contribute significantly to the
present world order. Progress towards the adoption of an international binding instrument must be

FIDH Annual Report 2017 57


seen as complementary to efforts to implement the United Nations Guiding Principles for Business
and Human Rights (UNGPs) and must rely on existing regulatory processes. The fourth IGWG
session, in October 2018, will offer an opportunity to hold more in-depth discussions on the specific
content of a Treaty and hopefully to discuss a first draft of the future binding instrument.

Within Europe, important talks are also underway to strengthen the regulatory framework with a view
to achieving greater transparency, better prevention of abuses and increased access to justice for
victims. In particular, the European Commission is to publish guidelines on the application of its
Directive on Non-Financial Reporting. In February 2017 France adopted a law defining a duty of
vigilance for parent companies and their subcontractors. This is the first time national legislation
imposing the adoption of a vigilance plan on businesses has been initiated by civil society. Other,
similar, proposals are being discussed in other countries.

The EU is a major actor in global trade and carries a legal obligation to protect and respect human
rights in its trade and investment policies. Such an obligation is grounded in both international and
European law. Ensuring that the EU respects this obligation and conducts human rights impact
assessments during its trade agreement negotiations is one of FIDH’s key priorities. However,
current talks on free trade treaties between the EU and third countries continue to raise serious
concerns over the potential harmful effects that these agreements could have on human rights, and
the legitimacy of provisions such as the arbitration clauses remains seriously in question. When the
European Commission refused to carry out a human rights impact assessment prior to negotiating
the EU-Vietnam Free Trade Agreement, FIDH promptly filed a complaint with the European
Ombudsman who found the Commission guilty of maladministration. In the wake of this landmark
decision, the Commission adopted new guidelines on the analysis of human rights impacts in impact
assessments of its trade-related policy initiatives. FIDH provides input to the HRIAs that the EU now
carries out and calls upon the EU and its Member States to establish an efficient regulatory
framework ensuring that European companies respect human rights in their activities abroad, both
directly and through their business relationships. FIDH monitors and documents the EU’s trade and
investment policies, using all advocacy tools at its disposal to help the EU improve its policies and
tools to ensure the protection of human rights from corporate abuse, ensure accountability and
effective remedy when abuse occurs.

FIDH and its member organisations: action and results

Objective: Promote the accountability of economic players

Intended outcome: Member and partner organisations supported in documenting human rights violations
by economic actors

In 2017, FIDH and its member organisations engaged in follow-up activities to prior human rights
impact assessments with the objective of reporting continued violations and ensuring progress
towards remedy.

Focus on: South Africa

FIDH Annual Report 2017 58


In 2016 FIDH, together with its member organisation in South Africa, Lawyers for Human Rights
(LHR), and in partnership with the Blyvooruitzicht Mine Village, conducted a Community Based
Human Rights Impact Assessment revealing the devastating human and environmental toll of
inadequate mine closure. The study, published in January 2017, documented and analysed the
impact of the sudden initiation of insolvency proceedings of the Blyvooruitzicht Gold Mine on the
human rights of the village residents. It revealed violations of their right to development, adequate
housing, and to an environment not harmful to their health or well-being.

After the launch of the report in January 2017 within the Blyvvoor community, LHR has continued to
support the affected community, initiating legal actions and engaging with corporate and
governmental actors in order to obtain remedy. LHR and FIDH hosted a closed roundtable for
stakeholders (including national authorities, the former mine owner and the liquidator) and
community members in an effort to provide the latter with an opportunity to discuss the human
rights violations and encourage collaboration between the stakeholders in identifying a way forward.
Following this exchange, LHR has autonomously sustained participation in the government's
Housing Development Agency’s Distressed Mining Village Project, which is aiming to use
Blyvooruitzicht as a possible model of intervention by government in addressing the widespread
challenges faced by mining affected communities in post-closure scenarios. This has given
community residents a seat at this important table where they continue to make contributions
regarding their own development and settlement.

Following the presentation of the report, South Africa’s Housing Development Agency hosted a
meeting in February 2017 where they generally acknowledged that there had been a failure by
government to deal with the Blyvoor mine closure. All parties committed to finding a way forward for
the community.

The next steps on this situation include a full assessment of the formalisation possibilities for the
Village and continued assessment of the basic services challenges. To continue supporting these
follow-up actions and NGOs’ involvement, FIDH and its partners initiated collaboration with the
Centre for Mining Sustainability Initiative at University of the Witswatersrand to develop a platform
for mining community education throughout the mine cycle.

At FIDH’s instigation, the Blyvoor case contributed to discussions on the proposed Treaty’s scope
during a side event at the third session of the IGWG for the elaboration of a binding instrument on
transnational corporations and human rights. Following LHR’s participation in the session in October
2017, a platform of NGOs working on the Treaty in South Africa has been established and is now
collaborating independently.

FIDH remains active in 2018 regarding the Blyvoor case, including through meetings with
government authorities and mining federations, and the organisation of a workshop on the topic of
mine closure and human rights.

Focus on: Colombia

FIDH Annual Report 2017 59


In Colombia, The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) and the
Colectivo de Abogados José Alvear Restrepo (CAJAR) published a report drawing attention to the
specific role of economic actors in the vulnerability of individuals and groups of land and
environmental rights defenders, and more specifically, corporate State capture that threatens the
security, peace and life of these defenders. Through three emblematic cases, the report analysed the
relationship between the State, companies and attacks against land and environmental rights
defenders. The report called on the Colombian government to strengthen protection mechanisms,
and on business actors to recognise and refrain from hindering the legitimate and essential work of
defenders. CAJAR also held autonomous advocacy meetings with key stakeholders during the
Forum on Business and Human Rights, in November 2017 in Geneva. The report was accompanied
by a photo exhibition and video which were presented in Bogotá and at the UN Forum on Business
and human rights in Geneva.

Focus on: Ecuador


In Ecuador, FIDH with its member organisations in Ecuador, Comisión Ecuménica de Derechos
Humanos (CEDHU), Fundación Regional de Asesoría en Derechos Humanos (INREDH) and Acción
Ecológica published a follow-up report on their work documenting the impacts on human rights and
nature of the large-scale mining expansion and intervention in the Cordillera del Cóndor. The
organisations requested that the mining projects be terminated due to the irregular and illegal
hoarding of land by the companies, and the serious impacts on rivers, forests and soils. One of the
projects mentioned in this report and on which FIDH and its partners have been working since 2011,
the "Mirador" project, was temporarily suspended by the Ministry of the Environment on 21 March
2018 due to observations on environmental management, in particular the plant where minerals are
processed and the place of waste disposal. CEHDU has continued for the past two years to support
the community members in their resistance to the Rio Blanco mining project, in general, through
support to demonstrators, victims, mobilisation before the press and advocacy before national and
international authorities. As a result, on 1 June 2018, a judge suspended the mining operation of the
Rio Blanco project for violating the right to free and informed prior consultation.

Focus on: Burma


In Burma, through a report published in September 2017 entitled Land of sorrow: Human rights
violations at Burma’s Myotha Industrial Park, FIDH documented the harmful consequences suffered by
rural communities in the Mandalay Region as a result of the Myotha Industrial Park, a large-scale
industrial project developed by the Burmese company Mandalay Myotha Industrial Development
(MMID) in Ngazun Township. The report warned of the land conflict epidemic that may emerge as a
result of the growing influx of investments and the consequent demand for land, unless laws and
policies that adequately address land rights issues were urgently adopted and implemented.

As a result of these documentation efforts, six member and partner organisations in three different
continents have developed independent national advocacy and initiated dialogue with governmental
authorities and/or corporate actors, searching for remedy of corporate human rights abuses.

Focus on: Honduras

FIDH Annual Report 2017 60


Together with partner organisations in Honduras, CEHPRODEC and FUPNAPIB, FIDH also finalised
and published the Community-Based Human Rights Impact Assessment of the Cuyamel II
Hydroelectric Dam project (a three-megawatt run-off-river hydroelectric dam), to be constructed in
the Cuyamel river, the main source of drinking water for six communities living in the municipality of
San Francisco. The Cuyamel II Project is part of an energy-supply transformation process in
Honduras which has gone hand-in-hand with the weakening of human rights and environmental
protection mechanisms, leading to an increase in violence and the criminalisation of human rights
and environmental defenders. Furthermore, the unique ecosystem of the protected area of Pico
Bonito Natural Park could be irreparably harmed by the cumulative environmental effects including
the extinction of species of flora and fauna and an increase in soil erosion. The the impact
assessment was completed in March 2017 and the report published in May 2017. The HRIA process
allowed FIDH, FUPNAPIB and CEHPRODEC to hold bilateral meetings with governmental authorities
and the World Bank to raise awareness about the actual and potential human rights abuses around
the Cuyamel II project specifically and generally the hydroelectric industry in Honduras. The three
organisations also organised a roundtable discussion between civil society organisations which took
place in February 2017 to discuss the findings of the report and possible actions. Since the
publication of the report the construction of the dam seems to be stagnated.

Intended outcome: Member and partner NGOS with enhanced capacity to act for the protection and
promotion of economic, social and cultural rights

FIDH provided support to one of its member organisations in Peru, Equidad, in their advocacy efforts
at the OECD during 2017. Equidad has expressed its concern about the weakness of Peru’s rule of
law and judicial institutions. In the framework of the Country Program for Peru at the OECD, this
issue was identified initially as a concern but follow-up was not adequately done, creating a
considerable risk if Peru were to join the OECD. In this context FIDH and Equidad met with OECD
representatives to warn of the risk for human rights in a situation where judicial decisions from
national and regional jurisdictions are often overlooked and not enforced. The two organisations
underlined the importance of including human rights and rule of law considerations in the accession
process of States to the OECD to avoid contributing to human rights abuses. These efforts have
been followed by a stronger coordination with the secretariat of OECD Watch.

Intended outcome: Companies and investors more engaged in protecting human rights and the
environment

Since 2011, when FIDH, Justiça Global and Justiça nos Trilhos conducted a joint community-based
human rights impact assessment regarding the impacts of the steel industry in Açailandia, Brazil, the
community of Piquia de Baixo has been requesting to be relocated due to the high levels of pollution
affecting their health. Following a hearing at the Interamerican Court of Human Rights in October
2015, the government granted the community a property title where more than 300 families would
be relocated, and formalised the selection of the project submitted by the Association do Moradores
de Piquia, to ensure the economic contribution by the State and the companies to the construction
of 312 homes.

FIDH Annual Report 2017 61


FIDH and Justiça nos Trilhos have continued supporting the affected communities by conducting
independent advocacy meetings to ensure the relocation is made effective. In February 2017, two
members of the community traveled to Geneva and met with the Special Rapporteur on the
implications for human rights of the environmentally sound management and disposal of hazardous
substances and wastes, the Special Rapporteur on the human right to safe drinking water and
sanitation, and the Working Group on the issue of human rights and transnational corporations and
other business enterprises, in order to provide them with additional information about the situation.
In March 2017 a written letter was submitted providing new facts to justify new engagement of these
rapporteurs with the Brazilian government.

FIDH has continued supporting their mobilisation when obstacles have delayed the process, as in
November 2017 when the community organised public demonstrations due to the unnecessary
delays imposed by the Caixa Economica de San Luis. As a result, in 2018 the first phase of the
relocation process has reached its final stages, and it is hoped the construction of the new
neighbourhood will begin.

Objective: Support access to means of recourse

Intended outcome: A normative environment more favourable to the protection of human rights by states,
companies and international organisations

FIDH has been advocating for further control and regulation of the sale and export of surveillance
technologies by ICT companies, an issue that was the object of a FIDH December 2014 report
Surveillance technologies "Made in Europe": Regulation needed to prevent human rights abuses.

In 2016, the European Commission proposed to strengthen controls on exports of certain goods and
technologies that – in addition to legitimate civilian applications – may also be misused for severe
human rights violations. A prominent element of this proposal was a new "human security"
dimension in export controls, to prevent human rights violations associated with certain cyber-
surveillance technologies. In January 2017, FIDH and six other NGOs called on Members of the
European Parliament to take into account respect for human rights before authorising the export of
such products.

Focus on: UN advocacy


FIDH continues to be engaged in the UN process for the elaboration of an international legally
binding instrument to regulate the activities of corporations in relation to human rights. FIDH
supported the participation of three member organisations from two regions in the third session of
the Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises
held in October. FIDH contributed to the discussions through written and oral interventions
addressing the issues of human rights defenders, due diligence, access to justice and remedy,
conflict affected areas, women and indigenous peoples. FIDH and its members participated in five
panels organised together with other NGOs, as well as bilateral advocacy meetings with permanent
missions in Geneva. One of the side events organised by FIDH and ESCR-net - The cost of impunity:
The cross-regional fight of affected communities and human rights defenders for effective remedies -

FIDH Annual Report 2017 62


brought together members of both networks from three different regions, and legal experts that
participated on the treaty initiative to consider access to remedy and extraterritorial obligations. The
second side event organised by FIDH illustrated the way in which different types of companies may
violate human rights through concrete case studies. Invited as panellist in different events, FIDH
discussed the specific impacts of corporate abuses on women, and how to include a gender
approach on the treaty.

In November 2017, FIDH participated in the UN Forum on Business and Human Rights and supported
the participation of two member organisations and one community representative. The side events
co-organised by FIDH included an event on human rights defenders, where FIDH and member
organisation CCAJAR presented three cases of HRDs working in the context of business operations
in three regions in Colombia. FIDH also participated in a panel on the French law on due diligence,
and supported a representative of the community of San José de Apartadó, victims of paramilitary
groups who, according to the joint submission of a coalition of civil society organisations including
FIDH to the ICC, were financed by Chiquita Brands.

Focus on: EU advocacy


FIDH ensured follow-up of the negotiations held during the 3rd IGWG session with advocacy
activities at the EU, specifically participating in meetings of the European External Action Service
(EEAS) and the Member States in favour of the treaty to nourish the substantial reflection on the
need for and content of the treaty.

FIDH was invited to the COHOM annual Diplomatic Conference at the EIUC institute in Venice on the
topic of “Business and human rights: the right to a remedy”, where it intervened on the need for EU
Members States to engage constructively in the Treaty process.

In September 2017 FIDH organised and coordinated the workshop "UNGPs six years later" and
published its conclusions to the Council of the European Union in a hearing regarding the process for
a UN treaty on business and human rights and access to remedy. The workshop put together three
panels that included several key actors in the field of business and human rights such as academics,
CSOs, practitioners, government representatives and businesses. It stressed the complementarity
between the implementation of the UNGPs and the negotiation of a binding international instrument
aimed at addressing the gaps that still exists for protection of victims of corporate abuses in
international law.

As a result of these advocacy efforts, the EU has started to engage more constructively in the Treaty
process (a working group has been formed and an official position is in the process of being written)
and has acknowledged the complementarity between the treaty process and the UNGPs. The budget
for the UN to continue working on the Treaty on Business and Human Rights was maintained.

Simultaneously, FIDH has continued to advocate for stronger legal frameworks at the regional and
national level. In France, FIDH was involved in advocacy activities around the due diligence law,
which was adopted in 2017. Likewise, at the European level FIDH continued to support the European
Coalition for Corporate Justice (ECCJ), as a member of its steering committee, in realising its three

FIDH Annual Report 2017 63


main goals: fostering mandatory Human Rights Due Diligence (HRDD) legislation in the European
context through both national and European initiatives; monitoring and assessing the effective
implementation of the Non-Financial Reporting (NFR) Directive; and improving access to judicial
remedies for victims of corporate abuses.

FIDH continues to be a member of the Coalition for the OP-ICESCR. The international campaign
encouraging countries to ratify the OP-ICESCR was suspended in March 2017 but members of the
Coalition continue to work together in order to provide support for the application and enforcement
of the Optional Protocol.

Intended outcome: Trade and investment agreements that take protection of human rights better into
account

By providing preferential access to the EU’s market, the EU’s GSP (Generalized System of
Preferences) scheme aims to assist developing countries in their efforts to reduce poverty and to
promote good governance and sustainable development. The scheme consists of a general
arrangement and two special arrangements, the GSP+ and the EBA (Everything But Arms). Under the
GSP+ arrangement, third countries may benefit from EU preferential tariffs if they have ratified core
human rights conventions and if they commit to ensure the effective implementation of these
instruments, which includes accepting the reporting requirements imposed by each convention.

FIDH continues to position itself as a key interlocutor in the area of human rights business and trade
before the European institutions and has acceded to the status of member organisation of the Trade
expert group launched by the Commission in February 2018. This builds on the long-standing
dialogue previously established between the Commission and civil society on trade issues.

In a position paper on the Mid-Term Evaluation of the EU’s GSP released in May 2017, FIDH and its
member leagues cited cases in Bangladesh, Burma, Cambodia, Pakistan, and the Philippines as
examples of beneficiary countries in which trade preference agreements either fuelled or failed to
address human rights violations. FIDH drew particular attention to the case of Cambodia, in which
the granting of EBA preferences had led to numerous human rights violations, including forced
evictions and relocations linked to land concessions given to sugar cane companies for the
production of sugar that was exported to EU markets.

Focus on: the Philippines


In the case of the Philippines, the human rights situation has been deteriorating since President
Duterte took office on 30 June 2016 and declared a brutal campaign against drug offenders.
Thousands of people have been victims of extra-judicial killings in the course of police-led anti-drug
operations. FIDH has warned about the occurrence of extra-judicial killings in the Philippines, the
increasingly hostile environment for human rights defenders in the country, and the increased
difficulties in carrying out their human rights activities. FIDH advocated in March 2017 for putting a
stop to commercial negotiations and demanded increased attention and condemnation by European
institutions. Negotiations were subsequently frozen in April 2017.

FIDH Annual Report 2017 64


Follow-up advocacy was undertaken in July 2017 to brief members of the European Parliament
ahead of their July mission to the Philippines, and to demand more concrete follow-up of the GSP+
process by the Parliament. The briefing enabled a thorough understanding by MEPs of the human
rights situation on the ground preceding their visit, which resulted in the fact that most of the
concerns FIDH had raised were echoed in the MEP Delegation end-of-mission Statement: the number
of extrajudicial killings, the possible extension of martial law, the draft bills in Congress to lower the
age of criminal responsibility for children from 15 years to nine years and to restore the death
penalty, and the need to include drug-related arrests in the National Monitoring Mechanism in order
to put an end to impunity.

Focus on: Cambodia


The European Parliament resolution of 14 December 2017 highlighted the worsening climate for
opposition politicians, human rights activists and civil society, strongly condemning the dissolution
of the CNRP and arrest of its leader, Kem Sokha, calling for his immediate and unconditional release
and that of other opposition parliamentarians. FIDH provided a comprehensive briefing prior to the
vote and maintains a regular flow of information to update the EP on the latest developments at a
grassroots level. The resolution further stressed that respect for fundamental human rights is a
prerequisite to benefit from the EU’s preferential EBA scheme, highlighting the spectre of a
withdrawal from these preferential tariffs for Cambodia.

Focus on: Burma


The strongly worded resolution adopted on 14 September 2017 by the European Parliament echoed
FIDH’s recommendations presented during advocacy meetings in Brussels with its member
organisation Altsean Burma. The tough EP resolution called on the EU to use all its leverage, actively
engage and support immediate action at UN level, including targeted sanctions, and to consider
repercussions on Burma’s current trade preferences with the EU should these grave violations
continue with impunity.

Focus on: South Korea


In a letter to EU Trade Commissioner Cecilia Malmström, the EU Domestic Advisory Group (DAG),
which is comprised of a balance of environment, labour, business organisations and other relevant
stakeholders including FIDH, requested the European Commission to initiate the formal
consultations process provided for in the EU-South Korea Free Trade Agreement (FTA) concerning
violations of labour rights. The letter further recalled that it was “incumbent on the Commission to
use the FTA to raise these issues on a formal basis with the Korean government” and that “failure of
the EU to act in this case, in light of the overwhelming evidence of the breach of Article 13, would
undermine the effectiveness of Sustainable Development chapters in EU’s trade agreements, and of
the EU trade policy in general.” FIDH, vice-chair of the EU DAG, applauded the strong stand by the
business sector, labour organisations and civil society in a united front to demand action on the
repeated actions by the Korean government to weaken labour protection contrary to the
commitments made under the EU-Korea FTA “to ensure that those laws and policies provide for and
encourage high levels of labour protection and to strive to improve such laws and policies”.

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The fifth meeting of the Civil Society Forum (CSF) under the EU-Korea Free Trade Agreement in
Brussels on 20-21 February 2017 opened with a dedicated workshop on Corporate Social
Responsibility (CSR) covering National Action Plans for implementing the UN Guiding Principles on
Business and Human Rights. FIDH defended the setting of this issue on the agenda and welcomes
the commitment to work on it again in 2018.

The report published by the EP’s Committee on International Trade (INTA) on 30 March 2017
reflected the priorities promoted by FIDH within the DAG to better protect human rights in FTAs. In
its report, the EP recalled that both parties have committed to “respect, promote and realise in their
laws and practices the principles following on from their obligations deriving from membership of
the ILO and the ILO Declaration on Fundamental Principles and Rights at Work, notably of freedom of
association and the right to collective bargaining; emphasises, however, that progress made by
Korea on the objectives enshrined in the Trade and Sustainable Development chapter is not
satisfactory and that there are still cases of violation of freedom of association, including troubling
examples of imprisonment of trade union leaders, and interference in negotiations, which should rest
within the autonomy of the bargaining partners; in this respect, urges the Commission to take up
formal consultations with the Korean Government in accordance with Article 13.14 of the FTA and, if
such consultations should fail, calls on the panel of experts mentioned in the same article to take
action and to continue the dialogue with regard to the failure of the Korean Government to comply
with some of its commitments, and in particular to make continued and sustained efforts, in line with
the obligations enshrined in the Agreement, towards ensuring the ratification by Korea of the
fundamental ILO Conventions which this country has not ratified yet.” The report further noted that
difficulties concerning the Trade and Sustainable Development chapter should be resolved prior to
the negotiations on the Investment Chapter

Intended outcome: Responsibilities shouldered by companies in relation to human rights violations

FIDH together with REDRESS and its member organisation Justice for Iran (JFI), brought a case
before the OECD’s Italian National Contact Point (NCP) claiming that the Italian company Italtel
breached multiple principles of the OECD Guidelines for Multinational Enterprises in relation to its
business activities in Iran. Italtel had entered into a Memorandum of Understanding with the
Telecommunications Company of Iran (TCI), which has a monopoly over fixed-line infrastructure and
is one of the largest Internet Service Providers in Iran, as well as being currently controlled by a
consortium led by the Islamic Revolutionary Guard Corps (IRGC), Iran’s most powerful military and
security entity. The claimants argued that technologies and services offered by Italtel to TCI could
contribute to the surveillance of human rights defenders and political dissidents and the suppression
of a wide range of fundamental freedoms and human rights in Iran.

FIDH continued to challenge the impunity of European companies supplying surveillance equipment
to repressive regimes in 2017, a topic on which we have been active for several years through
documentation, litigation and advocacy. In November 2017, FIDH with the support of its French and
Egyptian member organisations, filed a complaint with the French war crimes unit that led to the
opening of a criminal investigation into the sale of equipment to Egypt. Two other criminal

FIDH Annual Report 2017 66


investigations into supply contracts to Syria and Libya are already underway, in which FIDH lawyers
are supporting 12 victims of crimes including arbitrary detention and torture.

Spotlight: Highlighting French connections to Israeli settlements

In March 2017, Association France Palestine Solidarité, CCFD – Terre Solidaire, Fair Finance France,
FIDH, LDH, Solidaires, CGT et Al-Haq pubished a report on on French banks’ dangerous liaisons with
the Israeli settlement enterprise. The report highlighted the links between five French banks and
insurance companies and Israeli banks and businesses involved in maintaining and developing the
Israeli settlements.

The settlement enterprise could not exist without the contribution of the Israeli banks which finance
construction, and the Israeli companies which supply services and infrastructure in the settlements.
The Israeli banking system constitutes an essential tool of the settlement policy and Israeli
businesses contribute to maintaining and developing the Israeli settlements. A United Nations
independent fact-finding mission in 2013 condemned the pivotal role of Israeli banks in the
settlement enterprise and in the consequent violations of human rights.

The investigation carried out by FIDH and the other organisations part of the report reveals financial
links between Israeli entities and the following French banking groups: BNP Paribas, Société
Générale, Crédit Agricole (and its subsidiary Crédit Lyonnais), BPCE (and its subsidiary Natixis) and
Axa.

Each of these companies has several direct or indirect minority shareholdings in banks or
businesses operating in the Israeli settlements. In addition to these holdings, the companies cited
finance business projects directly involved in the settlement enterprise. A notable case is the loan
totalling 288 million euros granted by a consortium of banks (including BNP Paribas, Société
Générale, Crédit Lyonnais and Natixis Banques Populaires) to the Israel Electric Corporation (IEC), a
company that supplies electricity directly to the settlements.

During the elaboration and after the publication of the report, FIDH and the co-signing organisations
reached out to the banking and insurance groups in order to initiate a dialogue with the objective of
finding concrete responses to the violations highlighted in the report. Simultaneously, FIDH
continued its advocacy efforts to ensure the process of the UN Database on companies involved in
the Occupied Palestinian Territories has a clear and transparent framework and working procedures,
and that the elaboration of such procedures is done in consultation with civil society and human
rights defenders.

2017 in numbers

10 advocacy activities with companies

2 joint missions

FIDH Annual Report 2017 67


Organisational Development

FIDH's International Secretariat has grown rapidly in the past decade. Its budget has more than
doubled since 2007; the number of staff, programmes, missions and other activities have increased;
and the structure has become more decentralised as it works in partnership with its member
organisations.

With this in mind, FIDH launched a process of internal reflection in 2016 on the way the International
Secretariat is organised and equipped in order to fulfil its goals and to carry out its mission. The first
phase of this process concluded in mid 2017.

FIDH’s organisational development goals for the period of its 2017-2022 Multi-Year Strategic Plan are
based on this reflection and aligned with FIDH’s strategic challenges. They build on the
Organisational Challenges identified in its preceding Multi-Year Strategic Plans, and take into
account progress made in recent years, as well as conclusions and recommendations from internal
and external evaluations. The goals are organised into three interconnected but distinct areas: Style;
Structure; and Strategy.

Style: FIDH’s values, brand and culture

The human rights movement has evolved and grown over the years and is confronting new
challenges across the world. The same can be said for FIDH as it approaches its centenary. Faced
with an evolving landscape, FIDH is undertaking an internal reflection to refine and build upon its
identity and its working culture – developed as a result of its mandate and federative structure – in
order to strengthen its place and reach in various societies.

In 2017-2022 FIDH intends to clarify and document the core working values of its International
Secretariat in a Values Charter, and to work on more systematically integrating these values into all
aspects of its work, in order both to strengthen its actions externally, and to strengthen internal
functioning and staff recruitment and retention of its International Secretariat.

Closely related to FIDH’s values are its style and brand: the way in which it presents its identity to
mobilise supporters, partners, stakeholders and audiences in a worldwide movement for human
rights. FIDH’s capacity to communicate who it is and what it does is critical to its work, and has been
identified as an area for growth. Over the next five years FIDH will focus on strengthening its
institutional communication.

Organisational development objectives 2017-2022:

• The core values of FIDH’s International Secretariat defined and integrated into its day-to-day
work

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In late 2017, in the context of its approaching centenary, FIDH began a consultation process to
examine and clarify the shared values of its International Secretariat. In an initial benchmarking
phase, the internal working values of eight non-governmental organisations were analysed, along
with values included in existing FIDH documents. This benchmark provided the basis for
questionnaires which gathered the input of FIDH staff, long-term consultants, International and
Executive Board members.

The survey phase was subsequently undertaken, and seven core values emerged: Professionalism,
Respect, Commitment, Equality, Integrity, Participation, and Audacity. These values were
subsequently presented to and endorsed by the International Board in early 2018. These are
understood to be the principles expected to be shared by all people working together within the
organisation.

A second phase of work is underway in 2018 to formalise a values charter and to determine
collectively steps to better implement these values in day-to-day work.

• Redevelopment and deployment of FIDH’s institutional communication strategy to best


reflect its identity and its mandate

Like the confirmation of its values, FIDH’s reflection on its institutional communication strategy is
occurring in the context of a changing external environment and its approaching centenary. To fully
engage in this reflection, FIDH chose during 2017 to concentrate its available communication
resources on strengthening its operational communication (see section three on Strategy) to support
its actions with and in support of member organisations, and to carefully consider the form of its
institutional communication actions. An example of this was the decision to postpone the Annual
Soirée, in order to reevaluate and redefine the objectives of this key institutional event which had in
the past been shared between institutional communication and fundraising. In line with its reflection
on its communication and fundraising strategies (see section three on Strategy), FIDH is considering
how its signature event may be designed in future.

FIDH’s focus on its operational communication continued, however, to contribute to institutional


visibility. FIDH’s social media audience continued to grow throughout the year, with more than
208,000 Facebook fans at year end (up from 191,284 in 2016) and more than 78,000 Twitter followers
(an increase of 22% on 2016) across the three institutional accounts in English, French and Spanish.
FIDH began using sponsored Facebook posts to help boost its visibility, which resulted in the
acquisition of new followers, particularly in the 18-24-year-old demographic. Facebook is now the
second largest source of traffic to FIDH’s website.
FIDH’s 1,500 tweets in 2017 generated more than 26,000 retweets reaching approximately
10,000,000 people.

During the year, FIDH’s website recorded 900,000 visits and 1,400,000 page views, a slight decrease
in comparison to 2016 (1,010,282 views). This is due to temporary suspension of FIDH’s Google
Adwords campaigns during 2017 to allow for auditing its Google Ad Grants account ahead of the

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entry into force on 1 January 2018 of new program rules. This suspension affected the volume of
traffic reaching the site.

Structure: FIDH’s internal organisation and functioning

In a context of shrinking space for civil society, FIDH’s ability and performance in fighting back for
human rights must continue to grow, enabling it to seize new opportunities while safeguarding and
capitalising on its key attributes: its legitimacy, innovation, adaptability, effectiveness, expertise and
specificity.

The way FIDH is structured, organised, managed and interconnected is fundamental to the effective
continuation of its actions with and in support of its member and partner organisations. While
reinforcing its structure, FIDH must also ensure its future capacity and manage its growth in a
sustainable manner.

In 2017-2022 FIDH will build on a reflection begun in 2016 on the way the International Secretariat is
organised and equipped in order to fulfil its goals and to carry out its mission.

Organisational development objectives 2017-2022:

• The links and interaction, including governance roles and responsibilities, between FIDH’s
International Secretariat and its member organisations reviewed and reinforced.

As a result of the reflections carried out in 2016-2017, the International Board took a decision in July
2017 to enter a structured phase meant to strengthen FIDH’s capacity to respond to an external
context hostile to human rights and defenders, and to meet the unique demands and challenges of
governance, strategy and professionalism that come with being a federation, and an international
non-governmental organisation.

An external change management expert was appointed in November 2017 to assist with an 18-
month period of planned adaptation, building on its strategic planning process to “futureproof” the
organisation to support its members on the front line of change for years to come. FIDH’s internal
evolution project notably aims to reinforce the interaction of FIDH’s three pillars – its member
organisations, its International and Executive Boards, and its International Secretariat. A key
challenge identified by FIDH is to build on its capacity for intra-regional dialogue and collaboration
(for example through strategic seminars and meetings involving members and partners) in order to
better facilitate this at the inter-regional level.

The existing strengths of the interactions between FIDH’s pillars have continued to underpin its
actions in 2017. It has continued notably to pursue joint programmes with member organisations in
Guinea, Mali, Côte d’Ivoire, Central African Republic, Burma, Belarus, Haiti, Tunisia and Mexico. Joint
offices with member organisations are active in four of these countries (Guinea, Mali, Côte d’Ivoire
and CAR). As part of FIDH’s ongoing decentralisation strategy, and its reflection as to how to

FIDH Annual Report 2017 70


reinforce its work with members, it has continued to operate a regional office in Tunis and during
2017 took the decision to open an East Asia regional office in Taipei from 2018.

FIDH delegations in Brussels, The Hague, Geneva and New York continue to play an invaluable role in
bringing local voices before the mechanisms of the UN, the EU and the ICC.

During 2017, FIDH’s International Board (IB) was closely engaged with the International Secretariat
on both strategic and operational matters, including notably the preparation of the new Multi-Year
Strategic Plan, and the reflection on organisational development. IB meetings once again served as
an opportunity to hold discussions on key thematic topics and emerging issues, and to define the
strategic orientations for the actions of FIDH and its member organisations. From these sessions
came clear recommendations and clear positions on FIDH's action with regard in particular to:
political and legislative attacks on the Boycott, Divestment and Sanctions movement against Israeli
policies towards the Palestinian people; Donald Trump's presidency and the post-truth phenomenon;
shrinking space of action for civil society; human rights violations against the Rohingya population;
the situation of human rights defenders, including FIDH deputy secretary general Nabeel Rajab; and
the problem of outsourcing border management within migration policies.

• Internal communication tools and processes reviewed, and new tools and processes
implemented to strengthen and facilitate communication internal to the Federation.

More in-depth work on this objective will be undertaken from 2018, in line with the review of links,
interaction and internal structure. Issues relating to information security are of paramount
importance in FIDH’s internal communication and add a layer of complexity to the introduction of
new tools and processes.

During 2017 FIDH was able to strengthen certain elements of its internal communication in response
to immediate need. Updated audio and video-conferencing options, essential for the International
Secretariat to work with members, partners and the Board on meetings and other exchanges, were
introduced and tested. Improvements were also made to FIDH’s data storage security.

In April 2017, FIDH organised a strategic seminar in Brussels with nine European member
organisations and three other partners, with the objective of bringing together the various
communications teams to strengthen their interaction and share working methods. Representatives
of the members’ and partners’ communication teams were able to better understand FIDH’s
functioning and organisation, with a view to strengthening internal exchanges as well as provided
opportunities for future integrated external communication actions.

• International Secretariat structure reviewed and adapted to best support its strategy

Adapting the structure of the International Secretariat to support FIDH’s current and future
objectives has been a key priority emerging from the 2016-17 reflection process. Key needs are seen
as strengthening professionalisation, specialisation and decision-making while considering, notably,

FIDH Annual Report 2017 71


security and conditions for carrying out work. The recruitment of a Human Resources Director in the
middle of 2017 was a key step to strengthening and reviewing FIDH’s structure and organisation.

In September 2017, Antoine Bernard stepped down as CEO of FIDH after 26 years of developing and
shaping the International Secretariat. Having already committed to a period of reflection on the
Secretariat’s structure, particularly of its leadership, FIDH took the decision not to proceed
immediately to recruit a new CEO. The day-to-day work of the Secretariat was lead and assured by an
interim management team, reinforced with the addition of new and acting directors and headed by
the Executive Director.

From late 2017, with the support of the change management expert, an internal and collective
analysis was undertaken of each department, considering the tasks, internal functioning, interaction
with other departments, and needs in terms of human resources and development. This analysis
served as the basis for revision of the leadership structure of the IS, which is being put into place
from 2018, and which will be followed by further review and possible adjustment of the departments’
internal structure.

Notable decisions resulting from this analysis were to reinforce leadership of the Operations
Department (FIDH’s largest) with the addition of a Deputy Director position, and creation of a
standalone Fundraising Department under the leadership of a Fundraising Director. A new CEO will
lead FIDH from September 2018.

• Human resources policies and practices - including in relation to recruitment, training,


equality and non-discrimination, and well-being and development - reviewed, updated and
implemented

In 2016-17, FIDH identified its human resources strategy as a critical element of organisational
development. One of the first steps in 2017 was the creation of a Human Resources Department led
by a Director of Human Resources. FIDH’s Human Resources functions had previously been attached
to the Executive Directorate, but with FIDH’s increasing size and complexity in terms of human
resources, notably with a number of delegations, decentralised and joint offices, this area was seen
as essential for investment in expertise and resources.

Since assuming his functions in mid 2017, the Human Resources Director has notably undertaken a
review and overhaul of the process and format of annual staff performance evaluations, including
the allocation of individual salary increases based on these reviews. A new, more structured process
was subsequently trialled for the end-2017 evaluations, with training provided for managers ahead of
the evaluation period. The process will be further refined in 2018-19.

The Human Resources Director has been systematically implicated in recruitment processes and
has, since November 2017, worked closely with the change management consultant on the revision
of the Secretariat’s internal structure.

FIDH Annual Report 2017 72


• Updated planning, monitoring and evaluation tools and processes fully implemented,
appropriated and evaluated by International Secretariat staff.

In 2017 FIDH implemented a Results Framework to accompany its 2017-2022 strategic plan, setting
out baseline data, targets and indicators for its strategic objectives and intended results. This
Results Framework facilitates annual evaluation of FIDH’s current Strategic Plan but also contributes
to more coherent and simpler development of specific programmes of activities.

Integration of this new tool, including through staff training, into FIDH’s programming, monitoring
and evaluation processes is continuing progressively through 2018.

Strategy: FIDH’s global and departmental strategies

FIDH’s Multi-year Strategic Plan is a living document. FIDH’s 2019 Congress will mark its mid-point
and provides the opportunity for further reflection, including consultation with member
organisations, and adaptation considering the evolution of the organisation and the context for
human rights.

Annual evaluation of the implementation of FIDH’s strategy against its Results Framework will be
fundamental to its pursuit and adaptation, as will periodic external assessments conducted with key
stakeholders and partners.

FIDH’s fundraising and communication strategies are crucial to support effective pursuit of its
strategic priorities. Over the 2017-2022 period, FIDH’s fundraising strategy is focussed on reinforced
partnerships and relationships, and diversified funding sources. The communication strategy targets
stronger partnerships with media and other stakeholders, greater engagement with and mobilisation
of key audiences, and further professionalisation of FIDH’s communication tools and actions.

Organisational development objectives 2017-2022:

• Review and confirmation of FIDH’s vision, mission and identity, including its role and
specificity as an international federation

Following FIDH’s 39th Congress in 2016, the organisation undertook preparation of its new 2017-2022
Multi-Year Strategic Plan. This plan is the result of strategic orientations resulting from discussions
with the 184 member organisations at the Congress in Johannesburg, and joint work between the
FIDH Secretariat and the members of the IB.

The Plan, adopted by the BI in July 2017, takes into account the new context of the human rights
situation, challenges to the protection of rights, evaluation of the previous Strategic Plan, analysis of
the added value of FIDH's action, and the results expected for the period. It is based on FIDH’s
confirmed means of action: fact finding, judicial, solidarity and judicial monitoring missions;
publication and circulation of reports, actions to strengthen capacity of and support for civil society;

FIDH Annual Report 2017 73


press releases and urgent appeals by the Observatory for the protection of human rights defender;
legal action and advocacy activities towards decision-makers and influential players; and
mobilisation of social networks and awareness campaigns.

The seven strategic priorities for action, as defined by its members, revolve around three axes:
• The defence of freedoms: Priority 1, Supporting human rights defenders; and Priority 2,
Fostering an environment conducive to democracy and freedoms;
• The promotion of equality: Priority 3, Promoting women's rights; Priority 4, Fighting
discrimination and violence based on sexual orientation and gender identity; and Priority 5,
Promoting the rights of migrants; and
• The pursuit of accountability: Priority 6, Fighting impunity and protecting populations from
the most serious crimes; and Priority 7, Promoting respect for human rights by economic
actors.
These priorities build on the six contained in the previous Strategic Plan, with the addition, as per the
request of member organisations, of a priority specifically relating to discrimination and violence
based on sexual orientation and gender identity.

• Evaluation and revision of FIDH’s fundraising strategy, including definition and pursuit of
budget growth and diversity targets

FIDH’s current fundraising strategy seeks to reinforce existing partnerships and diversify FIDH’s
resources, notably through reinforcement of its fundraising team, improvement of its fundraising
tools and processes, expansion of its corporate partnerships programme, and strengthening its work
with individual donors. Successful strengthening of FIDH’s fundraising will provide it with greater
flexibility and capacity to respond to evolving member needs, crisis situations, and to assure the
continuity of its activities.

From 2018 FIDH, will implement a stand-alone Fundraising Department, led from September 2018 by
an experienced Fundraising Director recruited internationally (the fundraising team was previously
attached to the Executive Directorate with no dedicated leader in the Management Committee). The
Fundraising Director will lead the implementation and evolution of FIDH’s fundraising strategy,
including: definition and pursuit of annual budget growth targets for 2020, 2021 and 2022; definition
and pursuit of specific objectives for internationalisation of FIDH’s fundraising, including non-
traditional donors and countries; and definition and pursuit of annual targets for specific revenue
streams to increase budget diversity, including corporate donors, individual donors, ethical fund
revenue, and new and/or innovative revenue sources such as bequests and crowdfunding. As it is
focussed on reinforcing its structure and preparing for its 2019 Congress, FIDH is in a consolidation
phase in 2018-2019. The budget target for 2019 is maintenance of the 2018 budget plus specific
revenue linked to the Congress.

2017 was crucial for the negotiation and renewal of strategic partnerships, with the confirmation and
increased support of public donors and private foundations. The Swedish International Development
Cooperation Agency (SIDA) renewed and increased its support to FIDH in the form of flexible funds

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for a period of four years. The Norwegian Ministry of Foreign Affairs has also renewed its general
support for FIDH actions, for a longer period of three years.

Open Society Foundations, Oak Foundation and the French Agency for Development also confirmed
in 2017 their interest in continuing their investment in FIDH's strategic priorities.

Other public entities and foundations have initiated or renewed their support for different FIDH
programs, including: the Ministry of Foreign Affairs of Finland, for a project to fight impunity; the
Nicolas Puech Foundation, for the work of the Observatory for the Protection of Human Rights
Defenders; Brot für die Welt, supporting a three-year programme to seek responsibility and redress
for human rights violations related to economic activities; the City of Paris, with an annual grant to
reinforce the strategic capacity and visibility of human rights defenders; and the International
Organisation of La Francophonie, which regularly supports the Observatory with an annual grant.

In response to a range of calls for proposals and prospecting missions, various fundraising results
are expected in 2018, including from Irish Aid, the French Agency for Development, the European
Commission, the Ministry of Foreign Affairs of the Netherlands, and the Canada Fund for Local
Initiatives.

Under its diversification strategy, FIDH worked with specialised consultants on the strengthening of
its policies and processes related to corporate partnerships. This groundwork will allow FIDH, from
2018 onward, to reinforce its interaction with existing partners and seek new partnerships, both
through direct support for FIDH’s actions and through investment in the Libertés & Solidarité ethical
fund.

The Fundraising desk continued to work closely with the operational teams to support their
fundraising mobilisation. Internal training workshops on programme development were held at the
Paris headquarters and with the delegations in Brussels and Geneva. This experience will be built
upon in 2018.

• Evaluation and revision of FIDH’s external communication strategy, including in relation to


media visibility, public mobilisation and stakeholder engagement

FIDH’s external communication strategy seeks to support its capacity to influence behaviour of
decision-makers in favour of human rights, notably via media and public mobilisation. At the global
level, human rights narratives have lost space to populist, illiberal, and divisive ideas. As a
consequence, FIDH’s communication, and that of the human rights movement, needs to be revisited,
to reach out to new audiences, to challenge and counter anti-human rights narratives, and to reclaim
or build a space for broader debates and mobilisations in support of human rights. FIDH is pursuing:
improvement in the quality and targeting of FIDH’s external communication; increased public
reactivity to current events; development and implementation of innovative and integrated
campaigns on specific topics; continued development of FIDH’s external communication tools and
skills.

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In 2017, FIDH’s Press team continued their focus on quality over quantity, notably reducing the
volume of press releases issued but improving their editing, translation and timing in order to
generate more coverage centred on FIDH’s reports and positions (rather than simply quotes or
mentions). This resulted in extensive international coverage of a number of its reports, despite a
decrease in overall press mentions (13,467 in 2017 compared to 15,857 in 2016). The July report on
serious crimes committed in the Mexican state of Coahuila from 2009-2016 was reported by
international outlets including AFP, Reuters, CNN, Le Monde, The New York Times, Deutsche Welle
and Huffington Post, as well as by most main Mexican outlets. Coverage continued for several
months after the press conference.
The December report and press conference on crimes against humanity in DRC prompted an
immediate response from the Congolese Minister of Communication and was widely reported in
outlets including AP, RFI, France 24, BBC English and French, Voice of America, Jeune Afrique and El
Confidencial.

Media coverage of FIDH activity in Russian-speaking and Arabic-speaking media increased by 31%
compared to 2016. Spanish-speaking coverage increased by 1.3%.

The digital communication strategy throughout the year aimed to render FIDH’s reports more
accessible to the general public as well as to media, through the use of tools including dedicated
webpages, adapted wording, adapted formatting (including for mobile) and infographics. On the
occasion of the release of the report on the situation on women human rights defenders in Saudi
Arabia in late 2017, the dedicated landing page created for the launch recorded more than 1,000
visits in a single day.

There was also increased use of short videos designed for strong online impact. For the launch of
the Guidelines on combating sexual violence and its consequences in Africa at the 61st ordinary
session of the African Commission on Human and Peoples’ Rights in November 2017, FIDH
produced a short video highlighting key statistics and situations of sexual violence on the continent.
The video was used both for advocacy with policy makers and, in a shorter 38-second format,
circulated on social media where it was viewed around 700,000 times.

FIDH Annual Report 2017 76


Financial Report 2017

Expenses

Priority Amount Percentage


Supporting human rights defenders 1,019,016 11.5%
Fostering an environment conducive to democracy and 1,032,133 11.7%
freedoms
Promoting women’s rights 208,494 2.4%
Fighting discrimination and violence based on sexual 25,000 0.3%
orientation and gender identity
Promoting the rights of migrants 99,912 1.1%
Fighting impunity and protecting populations from the most 3,056,637 34.6%
serious crimes
Promoting respect of human rights by economic players 370,674 4.2%
Strengthening the FIDH network 1,050,928 11.9%
Strengthening external mobilisation 535,579 6.1%
Logistical costs 313,277 3.5%
Fundraising, accounting, administration and human resources 1,121,152 12.7%
costs
Total expenses* 8,832,804 100%
* excludes dedicated funds

Income

Type Amount Percentage


Membership fees and contributions 153,271 2%
Earmarked grants and donations 5,641,159 64%
Non-earmarked grants and donations 2,598,874 29%
Other income 422,876 5%
Financial and extraordinary income 64,436 1%
Total income* 8,880,616 100%
* excludes dedicated funds

FIDH Annual Report 2017 77


Acknowledgements

Our Supporters

FIDH thanks all of its donors, as well as the investors in its ethical fund, Libertés & Solidarité.

During 2017, FIDH was particularly grateful to the support of the following institutions, foundations
and corporations:

International and national institutions

The European Commission, Ministry for Foreign Affairs of Finland, Swedish International
Development Cooperation Agency (Sida), Ministry of Foreign Affairs of Norway, Ministry for Europe
and Foreign Affairs of France, Ministry of Foreign Affairs of the Kingdom of the Netherlands, Federal
Foreign Office of Germany, Federal Ministry for Economic Cooperation and Development of Germany
(BMZ), Mairie de Paris, International Organisation of La Francophonie (OIF), Agence Française de
Développement (AFD), Ministry of Foreign Affairs of Canada, United Nations Office for Project
Services (UNOPS).

Foundations, associations and other institutions

Ford Foundation, Sigrid Rausing Trust, Open Society Foundations, Bread for the World, Oak
Foundation, John and Catherine MacArthur Foundation, Fondation de France, Fondation Nicolas
Puech, Network for Social Change, Trust Africa, and an anonymous foundation.

Corporate supporters

Agence Babel, Carrefour, La Banque Postale, La Banque Postale Asset Management (LBPAM), Macif,
LVMH, Unibail Rodamco, Petit Bateau, We Are Social, Twitter France.

FIDH would also like to thank:

• the Support Committee, chaired by Denis Olivennes;


• its interpretors, translators and other volunteers;
• as well as all the individuals, national and international non-governmental organisations and
intergovernmental organisations who responded to its requests for support.

FIDH Annual Report 2017 78


FIDH Annual Report 2017 79
FIDH is an international human rights NGO federating

184 organisations from 112 countries

FIDH
17, passage de la Main d’Or
75011 Paris - France
Phone: +33 (0)1 43 55 25 18 / Fax: +33 (0)1 43 55 18 80
Facebook.com/FIDH.HumanRights/
Twitter: @fidh_en /@fidh_fr /@fidh_es
www.fidh.org

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