Session on Governance and Human Rights Expert: Nabila Hamza 1. Background Since 2011, the countries of the Middle East and North Africa (MENA) have experienced a tremendous amount of upheaval. Although progress has been uneven and accompanied at times by significant pushback, citizens across the region have demanded more responsive and accountable governments. In response, several MENA countries have drafted new constitution, held genuinely competitive elections for the first time, amended legislation frameworks and undertaken good governance reforms. Civil society organizations had a crucial role in implementing the longed-for reforms, having become a real partner and a real force of objection in many countries. However, the political dynamic in countries in transition, is also marked by considerable restrictions on civil society free space and media freedom in many countries, a difficult economic situation (slow economic growth, public debt, inflation and unemployment, particularly among educated youth), and the deterioration of security environment, terrorism and sectarian violence, which continue to pose a threat to both political and economic stability. The European Union has reiterated, in a number of resolutions, its commitment to encourage and assist democratization processes and its engagement with civil society as a guarantee for more inclusive and stable societies. Both, the EU Agenda for Change, adopted in 2011 and the European Neighborhood Policy, reviewed in 2015, recognize that human rights, democracy and other key elements of good governance, are vital for inclusive and sustainable development, and shall feature more prominently in all its partnerships. They renew EU support to civil society as a crucial component of any democratic system. By articulating citizens concerns, civil society organizations (CSOs) are active in the public arena, engaging in initiatives to foster pluralism and further participatory democracy and governance. 2. Seminar Objectives Building on the above, this interactive seminar is designed to contribute to the work already undertaken by the European Union and particularly its previous Civil Society Fora Neighbourhood South, by: facilitating a better understanding of the benefits of a human rightsbased approach to policies and programming; suggesting actions and networking initiatives and creating a regional forum, in which human rights activists, civil society representatives, experts and EU representatives can share views and experiences. The Seminar will identify the best practices that address the democratisation process in the MENA region and highlight successful policies; reforms and programmes that have already started to apply a human-rights based approach to democracy and good governance, namely in the following areas: democratic institutions, the election process, the rule of law, individual freedom, and anti-corruption measures. It will show how a variety of social actors, ranging from women s and minority groups to the media and civil society actors, have played an important role in advocating for reforms in these four areas. 1
A special attention will be given to involvement of civil society organizations (CSOs), women s groups and youth, in the implementation and monitoring of the EU plans and policies in promoting human rights and democratization in neighborhood countries. Cross-cutting issues related to strengthening civil society capacities and establishing permanent, easier, and more inclusive regional structures and mechanisms for civil society participation and coordination will be also addressed. To achieve these objectives the following sub-themes and framing questions will guide the seminar discussions: 3. Proposed sub-themes Four priority topics and sessions were identified for the seminar: Session 1: Human rights and democratic transition: What civil society can do to build and strengthen democracy? Session 2: Are Human rights and counter-terrorism tactics irreconcilable? Session 3: Violence against women and women s rights protection. Session 4: Protecting the rights of vulnerable groups, and preventing discrimination Session 1: Human rights and democratic transition: What civil society can do to build and strengthen democracy? A democratic state cannot be stable unless it is effective and legitimate, with the respect and support of its citizens. Civil society is a check, a monitor, but also a vital partner in the quest for this kind of positive relationship between the democratic state and its citizens. This session will look at democratization processes across the MENA countries through the lens of social movements and civil society. It will explore the links between good governance and human rights in priority areas for the region. It will be particularly devoted to analyzing the role and strategies of civil society organizations in democracy consolidation processes and the effects of mass mobilization on the quality of democracy. Besides focusing on the intervention of non-state actors during democratic transition periods, discussions will also address the EU policies and cooperation in promoting democracy and human rights with national institutions and mechanisms, including human rights institutions, as well as civil society. - What are the conceptual and normative links between governance and human rights? How to insert principles relating to human rights into reforms of governance? By what types of policies and initiatives are these principles translated? 2
- Which must be the participation of the civil society in decision-making processes and in the formulation of reforms relating to the democratic institutions, the delivery of State services, the rule of law and anti-corruption measures? -What role Civil Society Organizations are playing across the region for shaping the democratization and reforms process? What have been the concrete results of civil society engagement in countries in transition? What is the ability of MENA civil society to positively contributing in the formulation of policy prescriptions and implementation and the limits of their action? Is there any regional interaction between civil society organizations? How to build the capacities of civil society organizations? 3. What can the European Union and the broader international donors do, to help transitioning countries strengthen their fledgling democracies? What is the EU Strategic Framework on the Human Rights and Democracy promotion in the external action? Session 2: Are Human rights and counter-terrorism tactics irreconcilable? Security of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government. States therefore have an obligation to ensure the human rights of their nationals and others by taking positive measures to protect them against the threat of terrorist acts and bringing the perpetrators of such acts to justice. In recent years, however, the measures adopted by States to counter terrorism have themselves often posed serious challenges to human rights and the rule of law. Some States are engaged in torture and other unhuman treatment to counter terrorism, while the legal and practical safeguards available to prevent torture, such as regular and independent monitoring of detention centers, have often been disregarded. The independence of the judiciary has been undermined, in some places, while the use of exceptional courts to try civilians has had an impact on the effectiveness of regular court systems. Repressive measures have been used to stifle the voices of human rights defenders, journalists, minorities, indigenous groups and civil society. These practices have a corrosive effect on the rule of law, good governance and human rights. They are also counterproductive to national and international efforts to combat terrorism. -What are the specific human rights challenges in the context of terrorism and counter-terrorism? - Can we fight terrorism without violating human rights? -How to promote and protect human rights and fundamental freedoms while countering terrorism? -Can States cooperate in the global effort to eradicate terrorism, while guaranteeing that measures taken comply with the rule of law and human rights? 3
-What role can civil society play to ensure due process, the right to a fair trial and a humane treatment for individuals suspected of terrorist activity? Session 3: Violence against women and women s rights protection. Gender-based violence is a brutal form of discrimination and a violation of fundamental rights. It is both a cause and a consequence of inequalities between women and men. It can hamper women s access to education, employment, thereby negatively affecting their whole life. It happens everywhere, be it at home or in public, in every society and regardless of social background. This session will be devoted to explore actions needed to protect women victims of violence, through measures aiming at preventing violence, protecting victims, and prosecuting the perpetrators. Different strategies and modes of actions of women s groups and activists will be analyzed, together with the filters or obstacles that national authorities implicitly or explicitly erect. Specific attention will be given to international and regional treaties and conventions aiming at combatting violence against women and domestic violence, with a special focus on the Council of Europe s Istanbul Convention, as a crucial tool to end gender-based violence. The role of civil society in advocating for the convention and encouraging their governments to ratify/sign it will be also addressed. -How to ensure violence against women is a crime? -How to setup education and awareness-raising to increase understanding of the issue of violence against women and its consequences? -What role NGOs, civil society and media can play in combating violence against women? -How to ensure the implementation of international and regional treaties and conventions aiming at combatting violence against women and domestic violence? - What are the best ways to support and strengthen existing women s organizations and networks to play their advocating role for criminalizing gender-based violence in national legislation? Session 4: Protecting the rights of vulnerable groups and preventing discrimination Discrimination is an act or series of actions taken against a targeted group with the intention of preventing, devaluing, negating, or humiliating them. Human rights defenders have a responsibility to challenge the various forms of discrimination and promote social and economic justice. They should act to eliminate and prevent discrimination of individuals, groups, and/or communities based on race, ethnicity, national origin, sexual orientation, gender identity or political belief, religion, or mental or physical disability. This session will focus on norms and mechanisms developed to protect the rights of persons belonging to minorities, vulnerable, or affected by discrimination. Different strategies and modes 4
of actions of civil society organizations and human rights activists to protect vulnerable groups and fight various forms of discrimination will be analyzed, together with the international and regional instruments that are relevant for the rights of minority groups. -What role can civil society organisations play to protect the rights of all types of vulnerable groups? -What strategies can civil society and the EU pursue to prevent discrimination of persons belonging to minorities and vulnerable groups? -What tools can be used by CSOs and human rights activists to advocate against discriminations of vulnerable groups and persons belonging to minorities (i.e: national, ethnic, racial, religious and sexual minorities, and people with disabilities)? -What are the existing international and regional legal instruments, which can be used to change national legislation and force government to respect the human rights of minorities and vulnerable groups? -How to assist minority advocates making full and effective use of existing international mechanisms and, ultimately, to promote and protect the rights guaranteed under international instruments. 4. Cross-cutting issues: - Valorising youth and women in the leadership of CSOs. - Intercultural Dialogue and Synergies between CS and the Media. - Shrinking space for CSOs in the region: what to do beyond existing initiatives? - Citizen s participation in public life and advocacy. - Preventing violent extremism. 5. Participants: About twenty participants (activists, representatives of the civil society, experts and artists belonging to the South Neighborhood Countries) and about 10 representatives of the concerned European institutions. 6. Format: The Seminar will combine plenary sessions followed by small working groups, in order to create a more participative and inclusive environment for discussions and recommendations. The moderator will provide a brief overview of the session objectives and the framing questions detailed above before giving the floor to each panel speaker. Depending on time constraints, there will be additional inter-active discussions, follow-up questions, and comments from the floor, before brief closing comments by the moderator and panelists. The debrief on key recommendations from the working groups will be done in last plenary session. 5