2 Guidelines for diplomatic missions at country level
Norway’s diplomatic missions play a key role in the implementation of Norway’s human rights policy at country level and in international organisations. All missions should have a contact person for human rights issues.
Different approaches must always be weighed up against the situation in the country in question. It will often be useful to coordinate activities with the diplomatic missions of likeminded countries, civil society, human rights defenders themselves and international and regional organisations. Several other countries also have similar guidelines for human rights defenders (appendix D).
This section sets out measures that missions can take to support individuals and organisations that are being prevented from carrying out their work to promote human rights and/or are in danger due to these activities.
2.1 Mapping and informationgathering
An overview of the human rights situation, including the conditions for civil society and human rights defenders, provides a basis for the mission’s efforts and reporting. Missions receiving or in possession of personal data must process them in accordance with the General Data Protection Regulation (GDPR).
Box 2.1 List of questions and issues:
- What human rights conventions and additional protocols has the country signed and ratified? What are the main human rights challenges in the country?
- Who are the human rights defenders – organisations and individuals? Are they part of a national or international support network of human rights defenders?
- The conditions and general climate for human rights work, including any restrictions by the authorities, reprisals and/or restrictive legislation. What kind of rights violations should be emphasised in the country in question? Who are at particular risk?
- Whether there are legislative obstacles limiting the independence of human rights defenders and civil society, or the right to freedom of association, assembly and expression, or use of security-related laws and regulations such as counterterrorism and national security laws and digital security laws to deter human rights defenders.
- The authorities’ efforts to protect human rights defenders.
- The extent to which there is a dialogue between the authorities, human rights defenders and civil society. Do the authorities facilitate the participation of civil society in public consultations, open debates etc.?
- The authorities’ ability and willingness to investigate and prosecute attacks against human rights defenders (degree of impunity).
- The extent to which local UN offices, other international and regional organisations and other countries’ missions are working with human rights defenders.
- The extent to which access to information is provided, online and offline, without any restriction or hindrance.
Appendix B contains an overview of relevant sources.
2.2 Risk assessments
Human rights defenders face a variety of threats and attacks. The mission must always consider whether direct contact or contact with the authorities could lead to reactions against the human rights defenders in question and their family members. These may be physical (such as death, imprisonment, vandalism, theft etc.) and/or nonphysical (such as threats, online harassment, social exclusion, fines, lawsuits, surveillance, loss of employment etc.). In some countries, authorities or third parties may seek to discredit human rights defenders by branding them as agents of other states, as outside political groups, or harmful or immoral influences.
The mission must also consider whether intervention could have negative consequences for the human rights defender’s work. The mission should maintain a close dialogue with the person or group concerned to establish what the best form of reaction would be in each case, either directly or through partners.
Box 2.2 Checklist for risk assessment
- Is the defender/organisation currently facing threats or accusations in connection with their work?
- What caused the threats (i.e. specific incidents or meetings)? Did the defender face reprisals after participating in international events or for meeting with diplomatic missions or representatives of international organisations?
- Has the defender/organisation received threats or faced harassment previously? If so, what kind of threats? How where they carried out? Who are the alleged perpetrators of the threats?
- Is there a link between the suspected perpetrator and national authorities and/or armed groups?
- What is the general environment in the country like for human rights defenders? Is the defender from a particularly marginalised or vulnerable group? Do human rights defenders who report on human rights violations to international human rights bodies experience threats, harassment or attacks?
- How do the police and security forces respond to threats against human rights defenders? Do they investigate threats and/or offer protection?
- Are there other accessible local/national protection mechanisms, or civil society organisations that offer protection assistance?
2.3 Regular contact and exchange of information with human rights defenders
Our cooperation with and support to civil society often enable us to establish regular contact with human rights defenders. This contact provides useful insight into the political, economic, social and humanitarian situation, and other issues. Direct contact is also the best source of information about human rights defenders’ situation and helps build trust, which can be important in situations where they are under pressure.
By engaging with human rights defenders, the mission makes it clear that they recognise them and their work. Visibility and recognition from the international community may contribute to protection but may also increase exposure.
Keep an open dialogue with human rights defenders on the consequences of different forms of contact. Effective measures may include:
- Inviting human rights defenders to meetings at the mission or at a more neutral meeting place.
- Inviting human rights defenders and civil society to brief the mission and likeminded missions on their situation and/or the human rights situation in a specific context, nationally or in the region.
- Inviting human rights defenders to events organised by the mission.
- Facilitating meetings between human rights defenders, civil society and Norwegian businesses active in the country.
- Visiting human rights defenders at their place of work, and/or taking part in visits to their projects and partners.
- Taking part in seminars, meetings and events organised by human rights defenders, also in rural and marginalised areas.
- Establishing meeting places or support seminars for human rights defenders with a view to competence-building and strengthening contact between them.
- Showing support for human rights defenders publicly, for example in the media or on social media, if they consider this useful and safe.
Box 2.3 Secure communication
Human rights defenders may be at risk of digital surveillance. It is important to ensure that communication between the mission and human rights defenders is secure.
The mission needs to consider what means of communication is most secure. Ideally end-to-end encrypted services are preferable. The choice of communication should always be decided jointly with the human rights defenders. In cases that also involve dialogue between the mission and the Ministry, the mission must consider the appropriate means of communication with the Ministry.
2.4 Regular contact with the authorities
The situation of human rights defenders may be raised with the authorities both in informal dialogue and in formal political talks. Establishing contact with the relevant authorities about the situation for human rights defenders can also facilitate access for dialogue in critical cases. It can be useful to coordinate this with other likeminded countries.
Regular contact with the authorities is also encouraged to follow up our recommendations on the situation for human rights defenders in the Universal Periodic Review.
Box 2.4 State duties and best practices
States are responsible for creating a safe and enabling environment, including, inter alia, to:
- Ensure that national legislation is in line with international obligations.
- Ensure that all internal security officials, including the police, receive human rights training.
- Protect against human rights abuses committed by non-state actors.
- Refrain from undue restrictions on citizens’ exercise of human rights.
- Investigate threats and attacks against human rights defenders and ensure that those responsible for such attacks are prosecuted. This also applies to non-governmental actors who may be responsible for attacks.
The authorities should also:
- Publicly acknowledge the positive role and work of human rights defenders.
- Provide access to draft legislation and meaningful opportunity for the public, including civil society and human rights defenders, to provide input. In particular, civil society and human rights defenders should have the opportunity to provide input to draft laws on issues affecting them, for example regulation of registration, operation and financing of civil society organisations.
- Support the role of national human rights institutions in protecting human rights defenders.
- Invite the UN Special Rapporteur on the situation for human rights defenders and other relevant special procedures to visit the country.
2.5 Reaction to the authorities in critical cases
In critical situations, where the life, health or work of a human rights defender or their family is threatened, the mission should consider expressing its concern to the country’s authorities. The following measures are possible if informal dialogue is not appropriate or successful:
- Formal enquiries
- Official meetings
- Official protest (démarche). Approval from the Ministry is required.
- Official statements, such as a press release. Approval from the Ministry is required.
The mission must examine and verify the facts thoroughly before deciding to issue a démarche or official public statement. The planned reaction must be considered together with human rights defenders and local organisations. The mission should always seek the consent of the human rights defender, or – in cases where direct contact is not possible – from close family or legal representatives.
In many cases, it is preferable to work together with likeminded countries, especially the Nordic countries. The need for a rapid decision may make it expedient for Norway to react independently. The mission must consider the overall situation in terms of what would be safest and most appropriate in the situation and for the individual human rights defender.
The mission may also suggest individual cases to the Ministry and diplomatic missions to international organisations, which could be raised in multilateral arenas in which Norway participates.
After issuing a démarche, the mission must report to the Ministry on the effect. This includes giving its view as to whether the protest should be published.
When a reaction concerning a human rights defender has been expressed to the authorities in the country concerned, the human rights defender and their family members should be informed.
Box 2.5 Interference in domestic affairs
Some states and governments consider human rights issues to be domestic concerns. However, the human rights situation in countries has long been recognised as having international significance, for example in the UN Charter and the Helsinki Final Act. As a State Party to several human rights conventions, Norway expects compliance of other State Parties. This expectation also entails raising our concerns with the relevant states.
Norwegian diplomatic missions are also encouraged to have an open dialogue with everyone, including both authorities and civil society. Under article 3 of the Vienna Convention on Diplomatic Relations, the functions of a diplomatic mission consist, inter alia, in ascertaining by all lawful means conditions and developments in the receiving state, and reporting thereon to the government of the sending state.
2.6 Publicity and public statements
Drawing national and international attention to the situation of human rights defenders may provide protection. The media (local papers, press conferences, radio) and other relevant channels of communication (the mission’s website and/or social media accounts) can be an effective tool to increase visibility and show support for human rights defenders and their work.
Public messaging may also be used to draw attention to and increase protection in cases where human rights defenders are at risk. However, greater exposure may instead increase the risk. Security implications need to be considered in close dialogue with the concerned parties.
The mission may also consult the Ministry about the appropriate channel. In some instances, it may be preferable that tweets or statements are made by the Ministry.
2.7 Observation of peaceful demonstrations and protests
The right to peaceful assembly is one of the fundamental pillars of civic space, and closely related to the rights to freedom of expression and freedom of association. It includes the right to hold meetings, sit-ins, strikes, rallies, events or protests, both offline and online. Peaceful assembly is an important vehicle for the public to express their views and opinions.
The mission is encouraged to monitor peaceful assemblies. Peaceful assembly is an important means for human rights defenders to express demands, mobilise public support and raise awareness. Observation may provide first-hand information about size, demands and the response from authorities. The mission must always consider the safety and security of diplomats in advance.
Information on what the right to peaceful assembly entails in practice, including from States, is available in General Comment No. 37 issued by the Human Rights Committee. The OSCE Office of Democratic Institutions and Human Rights together with the Council of Europe’s European Commission for Democracy through Law (Venice Commission) have also issued Guidelines on Freedom of Peaceful Assembly that may be helpful.
2.8 Observation of court cases
Diplomatic attendance at court cases – trials and hearings – demonstrates support for the individual (or group) and is an expression of concern. The mission should establish the procedure for informing or requesting the permission of the responsible authorities to attend court cases. Attendance enables the mission to observe whether due process and fair trial guarantees are respected. It is also a helpful means of gaining up-to-date information in cases of interest. Attendance – or requesting permission to attend if it is refused – will also draw international attention to the individual case. This may contribute to improved conditions.
Missions are encouraged to organise diplomatic attendance at court hearings if attendance is considered a relevant measure. Trial monitoring requires resources and likeminded missions should thus consider taking turns and coordinating their attendance. Coordination with likeminded missions fosters information sharing and allows the diplomatic community to cover a variety of trials.
The mission should inform and consult with the Ministry in advance if observation of a court case is deemed relevant.
2.9 Prison visits and visits to persons under house arrest
Visiting – or requesting permission to visit – human rights defenders in detention or under house arrest demonstrates solidarity and support. International attention can also lead to improved conditions in detention and/or early release. In cases where visits to detained human rights defenders is not possible, it may be appropriate to visit the family of an imprisoned or detained human rights defender. Human rights defenders in long-term detention may merit particular consideration.
Requesting a visit will express concern to the state in question. Visiting, or requesting to visit imprisoned or detained persons may give rise to reactions from local authorities, either towards the mission or towards the defender and/or their family. The potential impact must be considered in consultation with the Ministry in advance.
2.10 Economic support to human rights defenders
Providing support for human rights activities is a part of bilateral development cooperation. The mission may invite applications from human rights organisations to support them financially under relevant budget items. Grants may be awarded to support human rights projects, networks of human rights defenders, security training, legal aid, insurances or other relevant activities provided they are in line with priorities and grant scheme rules.
Economic support from international actors can, in some cases, expose human rights defenders and be used to undermine their work and credibility. The mission should coordinate economic support with likeminded donor countries. The mission may also consider the need to prepare public messages in case of attempts to discredit the support and/or grant recipients.
The Ministry also supports several organisations and funds with the aim of supporting human rights organisations and defenders locally and regionally. The mission may direct applicants to apply for funding from relevant organisations and mechanisms (see appendix B).
2.11 Cooperation with the UN and other international organisations
The UN and other international organisations also have an important role and mandate in protecting human rights. The UN has its own Guidance Note on the Protection and Promotion of Civic Space,which includes relevant steps to strengthen the protection of human rights defenders. The guidance note is valid for all UN agencies, including at country level.
Other international and regional organisations may also be of interest where they are represented. The mission should map and establish contact with the organisations that have a presence in the country. For example, the OSCE follows up work on human rights defenders through missions and offices at country level, mostly in the Balkans and Central Asia.
2.12 Cooperation with likeminded countries
It is useful to cooperate with diplomatic missions from other likeminded countries, and in particular the Nordic countries. Human rights forums are a useful format for sharing information on the general situation for human rights defenders, as well as individual cases. It is also useful to coordinate involvement and dialogue with authorities. Where no such forums exist and when relevant, the mission should take the initiative to develop such a forum.
2.13 Cooperation with national human rights institutions
National human rights institutions have been established in several countries in line with the Paris Principles on National Human Rights Institutions. National human rights institutions are mandated to promote and protect human rights in their respective countries. They can be important sources of information, especially when they are independent. The mission is encouraged to collaborate with them.
The Global Alliance of National Human Rights Institutions (GANHRI) is responsible for accreditation of NHRIs through a peer review system that assesses their compliance with the Paris Principles. In the Marrakech Declaration, national human rights institutions acknowledge the important role of human rights defenders.
2.14 Contact with Norwegian enterprises (the Transparency Act)
States’ obligation to protect against human rights abuse within their territory and/or jurisdiction by third parties includes abuses committed by business enterprises. All business enterprises are also expected to respect human rights. The UN Guiding Principles on Business and Human Rights (UNGPs) alongside the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct are the global standards for preventing and addressing the risk of adverse impacts on human rights linked to business activity. They provide the internationally accepted framework for enhancing standards and practices regarding business and human rights.
In Norway, the international frameworks are reflected in the Act relating to enterprises’ transparency and work on fundamental human rights and decent working conditions (the Transparency Act) which became effective in 2022. The law requires larger enterprises to conduct due diligence with respect to the risk of adverse impacts on human rights and working conditions in their operations, business partners and supply chains. The due diligence assessment must be in line with the OECD Guidelines. The law also requires reporting on due diligence and gives the public a right to information regarding how enterprises address adverse impacts on human rights and decent working conditions. The Transparency Act applies to larger enterprises that are resident in Norway and that offer goods or services in or outside Norway. It also applies to larger foreign enterprises that offer goods and services in Norway, and that are liable to tax to Norway.
The mission should assist Norwegian enterprises with information on the national context and relevant laws and regulations. Civil society and human rights defenders are important sources of information. The mission may facilitate dialogue and organise meetings or seminars between Norwegian enterprises and relevant stakeholders, including human rights defenders. The Norwegian Consumer Authority (Forbrukertilsynet) monitors compliance with the provisions of the Act.
2.15 Visa
Human rights defenders may need visas for several reasons, including to travel to seminars, events and conferences. In order to be issued a visitor’s visa to the Schengen area (a Schengen visa), a person must fulfill certain criteria, set out in the Schengen Visa Code, including concrete plans to travel and a clear intention to leave the Schengen area before the expiry of the visa (maximum 90 days after entry). In cases where the applicant does not fulfill the criteria in the Visa Code, Norwegian diplomatic missions will not be able to issue a Schengen visa. In certain cases, the Directorate of Immigration (UDI) may approve an application for a national visa, valid only for Norway. Such a visa is also valid for a maximum of 90 days and is issued on the presumption that the applicant leaves Norway before the visa expires. Information about the visa and residence permit application procedure can be found on the Norwegian embassies website.
2.16 Acute need for protection
From time to time, situations arise where human rights defenders and/or their family members are at serious risk of death or injury. Involvement in such cases is politically sensitive and requires thorough preparation and careful consideration by the mission.
The mission should cooperate with international organisations, civil society and likeminded countries locally. Local and regional protection mechanisms may be available, in addition to international protection schemes (appendix C).
2.16.1 Need for short-term protection
Sometimes it may be necessary to provide short-term protection in a safe house or refuge. In such cases, it is often advantageous to cooperate with the regional networks of human rights defenders as well as with the diplomatic missions of likeminded countries.
In certain cases, it may be appropriate to provide financial support or practical assistance to enable the person concerned to move to another part of the country or even to another country in the region. Front Line Defenders and the Lifeline fund may also provide emergency funding and relocation advice.
2.16.2 Need for more long-term protection
Persons who need to move to another country for reasons of protection should be referred to the UN High Commissioner for Refugees (UNHCR) if it is represented in the country of refuge. In exceptional cases, it may be appropriate to help a human rights defender to obtain the right to reside in Norway. Residence may only be granted within the framework of Norwegian immigration law.
Normally, an application for asylum or residence on humanitarian grounds must be submitted by a person who is already in Norway. However, refugee status may be granted without the person being in Norway, on the condition that the person is registered as a refugee with the UNHCR.
In accordance with section 35 of the Immigration Act, diplomatic missions may in exceptional cases request that persons are granted an entry permit to Norway. The conditions are that the person concerned is in danger, the Norwegian criteria for asylum are met, and that the case is of significance to Norwegian interests. In certain cases, human rights defenders may meet these criteria. See the guidelines set out in circular GI-13/2010 from the Ministry of Justice (in Norwegian only).
Box 2.6 Checklist in the event of urgent need for protection
This checklist shall help ascertain the situation for human rights defenders, and to identify local and regional measures to support human rights defenders in urgent need of protection. To protect the human rights defender(s) concerned, it is crucial that this information is treated confidentially and in accordance with the GDPR.
- Who: Name of individual, group or organisation and contact information. For individuals: Gender, age, nationality, occupation.
- What and where: What kind of human rights activities are the human rights defenders engaged in? In which town, city or region are they working?
- Type of incident: Describe abuse or threats in chronological order. If, for example, the person was imprisoned, what rights did they have (access to a lawyer, visits from family, access to medicines and/or medical assistance) and what were the general conditions like in prison? What did the imprisonment lead to (charge, court case)?
- Connection between the incident and the victim’s human rights activities: Is there reason to assume that the incident is a reaction to the victim’s human rights activities? Have there been previous incidents or threats? Have others in a similar situation been subject to abuse?
- Alleged perpetrator: Government or non-governmental actor? Note details of the person(s) believed to be responsible (number, gender, title, name). Were there any witnesses?
- Reaction from the authorities: Has the incident been reported to the authorities, and if so by whom? What was the authorities’ response? Is information about the incident publicly available?
- Reaction from other actors: Have other actors (diplomatic missions, international organisations or civil society) reacted? What has been their response?
- Source: If relevant, indicate who has provided the embassy with this information.
- Contact with the embassy: Does the embassy already know the human rights defender? If so, what contact has there been?
- Recommended action(s): What risk assessments have been made? What can the embassy do? Are there other actors that the embassy should consider collaborating with?
- Results of action(s): Positive and negative consequences (new contacts, new incidents of abuse, security assessments, relations with the authorities, situation for the human rights defender’s family).
- Updates: Remember to update information if the situation changes.