2018 Annual Report
2018 Annual Report
2018 Annual Report
2018
© Pierre-Yves Ginet
CAR. Survivors of sexual violences supported in the Bemba case
ANNUAL REPORT
2 0 18
04 President’s Letter
06 The Federation
09 International Board
10 International Secretariat
18
Priority Fostering an Environment Conducive to Democracy
and Freedom
32
Priority Fighting Discrimination and Violence Based on Sexual
Orientation and Gender Identity
50
Priority Promoting Respect for Human Rights
by Economic Players
61 Acknowledgements
4 — F I D H ANNUaL R ePORT 2 0 1 8
on human rights universality in our world, based
on the heterogeneity of its components.
6 — F I D H ANNUaL R ePORT 2 0 1 8
Organisations (June, 2019)
184 Member
8 — F I D H ANNUaL R ePORT 2 0 1 8
PRESIDENT TREASURER
Dimitris Jean-François
CHRISTOPOULOS Plantin
Greece France
VICE-PRESIDENTS
Guissou Artak Adilur
International Board
SECRETARIES GENERAL
Pierre Shawan
Esperance JABARIN
Haiti Palestine
HONORARY PRESIDENTS
PERMANENT DELEGATES
Éléanore MOREL
Chief Executive Officer
Paris Executive
Juliane FALLOUX Directorate
Deputy Chief Executive Officer
Paris
MANAGEMENT
TEAM
10 — F I D H ANNUaL Re PORT 2 0 1 8
Cyril BLIN
Director of Operations Anne ARNOLD Mathieu PICARD
Antoine MADELIN Adéa GUILLOT Lisa SMITH
Paris Financial and Administrative Technical and Human Resources
International Advocacy Director Communications Director Fundraising Director
Director Director
Patricia HUYGHEBAERT Paris Paris Paris
Paris Paris Paris
Deputy Director of Operations
Paris
INTERNATIONAL Brussels
ADMINISTRATION AND HUMAN RESOURCES /
RESEARCH AND OPERATIONS COMMUNICATION FUNDRAISING INFORMATIONS SYSTEM
ADVOCACY FINANCES
Justine DUBY
Programme Officer, «Rule of Law » Project New York
Paris
Maria-Isabel CUBIDES
Khitem BARGAOUI Radhouane SFAXI Felipe VIDAL Julia NARKEVICIUTE
Yosra FRAWES Programme Officer Recruitment underway Eva CANAN Lidya OGBAZGHI
Programme Offcer Accountant Officer Partnerships Officer
FIDH Delegate / Tunisia Globalisation & Human Rights Delegate to the EU Press Officer Administrative Assistant Tunis
Tunisia Tunisia Cost Controlling Desk Fundraising Desk
Tunis Desk Brussels Paris Paris
Tunis Tunis Paris Paris
Paris
Cesar CONTRERAS
Jimena REYES Natalia YAYA MARTELLO José Jans CARRETERO Talya SWISSA Catherine ABSALOM Samia MERAH Recruitment underway
Jurist Céline BALLEREAU TETU Kevin ZINKE
Head of Desk Programme Officer Jurist Consultant, Globalisation & Liaison Officer Delegation to Finance Officer Programme Officer
IDHEAS/FIDH joint Publications Manager Head of The Hague
Americas Desk Americas Desk CAJAR/FIDH joint Programme Human Rights Desk the EU Cost Controlling Desk Fundraising Desk
Programme Paris Informations System
Brussels Paris Bogota Paris Brussels Paris Paris
Mexico City Paris
Florent GEEL Tchérina JEROLON Hassatou BA MINTE Sarah FINNIN Mohamed BOUADJENEK
Head of Desk Deputy Head of Desk Programme Officer Project Coordinator, Assistant of Accounts & Cost
Conakry
Africa Desk Africa Desk Africa Desk EU Victims' Rights Directive Controlling (alternating)
Paris Paris Paris The Hague Paris
Alexandra POMEON
Antonin RABECQ
Head of Desk Observatory for the
Deputy Head of Desk
Protection of Human Rights
Africa Desk
Defenders Desk
Paris
Paris
Hugo GABBERO
Alseny SALL Amadou BARRY Deputy Head of Desk
Recruitment underway
Project Officer, Project Officer, Observatory for the Protection
Guinea Project Coordinator
OGDH/FIDH joint Programme OGDH/FIDH joint Programme of Human Rights Defenders
Conakry
Conakry Conakry Desk
Paris
Manon CABAUP
Aboubacar SYLLA Ousmane SOUMAH Mohamed DIOUBATE
Consultant, Observatory for the
Head, Administrative & Finance, Administrative Assistant, Jurist, Legal Clinic
Protection of Human Rights
OGDH/FIDH joint Programme OGDH/FIDH joint Programme OGDH/FIDH joint Programme
Defenders Desk
Conakry Conakry Conakry
Paris
Halimatou CAMARA
Juriste Projet conjoint
OGDH/FIDH
Conakry
Nicolas GBAGBE
Elisabeth MBAYA
Head,
Programme Assistant
Administrative & Finance,
LCDH/FIDH
LCDH/FIDH joint Programme
Bangui
Bangui
Willy NETH
Coordinator, MIDH/FIDH joint
Programme
Abidjan
FI DH A NNUa L ReP O RT 2 0 1 8 — 11
PRIORITY
Expected outcome 1.1: Defenders escape repression and are better protected
Throughout 2018 FIDH has continued its mobilisation, particularly before various EU institutions
and EU member States, on the case of its Deputy Secretary General Nabeel Rajab, imprisoned
in Bahrain since 2016 for having denounced, in various tweets, interviews and articles, human
rights violations committed during the war in Yemen led by the Saudi coalition, and the use of
torture in Bahraini prisons. The press conference that FIDH organised in Beirut in January 2018
on Nabeel Rajab and the state of human rights in Bahrain resulted in a very large international
media coverage (Reuters; Associated Press; AFP FR; AFP Eng; AFP AR; EFE; Prensa Latina;
AntaraNews; EuropaPress; Al Jazeera Arabic; Al Jazeera English; Al Akhbar News; Bahrain
Mirror; Waki Online; Press TV). In 2018, the European Parliament called for sanctions against
Bahrain. Besides the awareness raising on his situation at the international level, intense
advocacy led the City of Paris to name Nabeel an honorary Citizen.
In Chile, FIDH monitored the trials against several Mapuche activists prosecuted under anti-
terrorism legislation. In May 2018, FIDH welcomed the acquittal of human rights defender
Machi Francesca Linconao.
The Observatory for the Protection of Human Rights Defenders was strongly invested in its
support to Human rights defender OyubTitiev, who was detained since his arrest on 9 January
2018. Titiev and the human rights NGO for which he was working, Memorial, have long been
a thorn in the side of the local authorities due to their key role in documenting grave human
rights violations in Chechnya. He was released on parole in June 2019 after serving 17 months
of a four-year prison sentence on fabricated charges.
FIDH issued a number of urgent appeals for the release of labour rights defender and former
KCTU Secretary General Lee Young-joo in South Korea. In order to ensure that the European
Commission takes on its responsibilities correctly, raising their cases and actively engaging with
the South Korean authorities, a joint letter was addressed to trade commissioner Malmstrom
to this effect. FIDH was the only international organisation to observe the trial for the whole
three days and gave interviews to the local media to share its findings. The combination of
all these means of action contributed to the release of Lee Young-joo on 14 June 2018 after
being sentenced to a three-year suspended prison term and a fine.
14 — F I D H ANNUaL Re PORT 2 0 1 8
Expected outcome 1.3: Decision-makers take more action to protect defenders
The first Human Rights Defenders World Summit took place 20 years ago in 1998 at the Palais de Chaillot,
Paris, the same location where this year’s closing ceremony was held. After three days of discussions and
strategy development spanning regional and global issues, environmental rights and women human rights
defenders and the increasing attacks on human rights defenders everywhere, the momentum culminated
in the presentation of a landmark Action Plan which was presented to the UN General Assembly during a
plenary session held in December 2018. Alice Mogwe, FIDH Vice-President, was nominated to make the
speech and introduce the action plan.
The ambitious Action Plan proposes a concrete set of measures and calls for a lasting commitment from States,
businesses, financial institutions, donors and intergovernmental institutions to act to protect human rights
defenders and to take concrete actions to offer better protection and create a more favourable environment for
their work. The Action Plan stresses that it is everyone’s responsibility to create an environment in which it is
truly possible and safe to claim our human rights. However, it emphasises that those with power, State and non-
State actors, must take the lead in creating a safe and enabling environment for those who defend human rights.
Later on and as the mobilisation increased around the UN Human rights Council in Geneva (through side events,
joint NGO letters, advocacy and NGO statements in the Human rights Council), a cross-regional group of 36
States, issued a joint statement at the Council on 7 March 2019, calling for the release of detained women
right defenders in Saudi Arabia and sending a strong signal to the Saudi authorities that the Council will hold
its members accountable.
Following this important mobilisation, on 28 March, the Saudi authorities provisionally released two women
human rights defenders, Aziza Al Yousef and Eman Al-Nafjan. On 2 May, four other women human rights
defenders were provisionally released: Hatoon Al-Fassi, Amal Al-Harbi, Maysaa al-Manea and Abeer Namankani.
FI DH A NNUa L ReP O RT 2 0 1 8 — 15
Supporting Human Rights Defenders
Objective 2: Strengthen human rights defenders’ capacity to take action
Expected outcome 2.1: Defenders and NGOs have additional means and are better equipped
16 — F I D H ANNUaL Re PORT 2 0 1 8
South Korean labor leader Han Sang-Gyun was charged with incitement to violence following an anti-government demonstration
and faced arbitrary detention. © Danny Kim/AFPTV/AFP
FI DH A NNUa L ReP O RT 2 0 1 8 — 17
PRIORITY
FOSTERING AN ENVIRONMENT
CONDUCIVE TO DEMOCRACY AND
FREEDOM
1/ ANALYSIS OF PL ANS, CHALLENGES AND
PROGRESS
18 — F I D H ANNUaL Re PORT 2 0 1 8
and international institutions on DRC authorities.
Violence (including sexual violence by defence and
security forces) during election processes were
documented in Kenya, following the 2017 general
elections (see priority on promoting women’s People wearing black bands on their eyes and mouth demonstrate in Stolen Justice silent protest at the Main
Square in Krakow, Poland on 21 January, 2018. ©Beata Zawrzel/NurPhoto, Krakow, Poland, 21/01/2018
rights). In Burundi, FIDH and the ITEKA League
issued a position paper in May 2018 , ahead of a
referendum vote on a constitutional amendment A further focus for FIDH was the repression of
that would allow President Pierre Nkurunziza to dissidents and crackdown on freedom of expression
run for additional terms, extending his increasingly and assembly, targeting media, students, activists,
dictatorial presidency. FIDH held a press conference and political opposition. In reaction to killings by
presenting its position paper analysing the content police and para-state groups of about more than
of the proposed reform and how the regime had 3100 demonstrators in Nicaragua, FIDH carried out
used its campaign promoting the reform as a tool advocacy missions in Geneva, Paris and Brussels
of terror. The press conference also launched a viral with member organisation CENIDH, and issued press
campaign I Love / I Leave Burundi, which parodied releases calling for the international community
a travel advertisement campaign to call attention to condemn President Daniel Ortega’s repression
to the fate of 400,000 Burundians who had had to and demand the release of more than 700 political
flee their country over the past years due to political prisoners. FIDH also denounced the adoption by the
violence. In Cameroon, considering the deteriorating Putin regime of laws that contradict international
security situation ahead of the presidential election human rights provisions and aim to silence any
of October 2018, in particular in the anglophone kind of protest against its policies (see below). On
regions of the country, FIDH, and its member (MDHC) the same theme, an urgent resolution was adopted
and partners (REDHAC and CHRDA) called upon in November 2018 by the European Parliament on
all parties to refrain from any acts of violence the human rights situation in Bangladesh, informed
and respect the Rule of law. This action resulted, by grassroots information provided by FIDH and
among others, in a resolution taken by the African its member organisation Odhikar. FIDH further
Commission echoing the recommendations. denounced, jointly with its member organisation from
Sudan (ACJPS), the repression of massive protests
Thailand was also under scrutiny in 2019, ahead of that broke out in the country in December 2018.
the general elections scheduled for March 2019.
FIDH continued to monitor individuals arrested on In addition to documentation, several rounds of
lèse-majesté charges since the serious human rights advocacy meetings were conducted in Brussels by
violations resulting from the repressive policies and FIDH and its partners concerning Burundi and DRC
actions implemented by the ruling military junta in order to call on the EU to keep up pressure on
following the May 2014 military coup.. Regarding the authorities ahead of the referundum/elections
crimes of lèse-majesté, arrests completely stopped and to maintain individual sanctions (asset freeze
after several years of successful documentation and and visa bans) against targeted perpetrators of
international advocacy from FIDH. Also, in 2018, the human rights violations and/or acts undermining
UN Working Group on Arbitrary Detention (WGAD) democracy (see below).
issued its fifth opinion on a case of lèse-majesté
detainee – all five cases were triggered by FIDH
communications.
FI DH A NNUa L ReP O RT 2 0 1 8 — 19
FOSTERING AN ENVIRONMENT
CONDUCIVE TO DEMOCRACY AND
FREEDOM
In Europe, in the context of the article 7 of the
Treaty of the European Union (TEU) procedure,
new targets for advocacy were also identified to
shift from the European Parliament to Member
States and the Council of the EU(see below). To
increase pressure on EU Member States as the
main advocacy target, FIDH also identified the preservation of the independence, and de facto
need to work in parallel in Brussels and in capitals. effectiveness, of the African Commission on Human
FIDH also started to explore avenues to better and Peoples’ Rights (ACHPR).
support CSOs in a context of shrinking space by
building and strengthening alliances with local and
regional NGOs and networks and by contributing On the front of the fight against terrorism while
to reflection around new mechanisms under respecting human rights, FIDH and its member
elaboration at EU level. o rganisatio n , A MDH , lau nc he d a re p o r t in
November 2018 on the situation in Central Mali
In light of blockages at national level, FIDH also which emphasised the entrenchment of terrorist
addressed the threats to the Rule of Law at regional armed groups, the intensification of inter-communal
level. In the Americas, for instance, in many cases violence and the abuses committed in the context of
massive corruption aggravates attacks on the Rule anti-terrorism operations for the sake of “security”.
of Law and human rights. FIDH and a Coalition of The report called on the Malian government to
25 human rights organisations from the region prosecute the perpetrators of serious crimes and
attended the eighth Summit of the Americas in April abuses committed in the region – including those
2018 to call on the continent’s States to address, committed by the military. This report was the first to
effectively and as a priority, the issue of corruption detail the spiral of inter-communal violence triggered
from a human rights perspective. A document was by jihadist attacks, the army’s punitive operations,
published to present the coalition’s proposals for and the government’s withdrawal of public services
lines of action to achieve democratic governance from the region. Receiving widespread media
in the Americas. attention, the report’s grim predictions about the
“new epicentre of the Malian and regional conflict”
were unfortunately confirmed in the months that
FIDH also continued advocacy to address attacks followed. The bloody cycles of reprisals, between
on the independence of multilateral mechanisms, in Dogon and Fula civilians, intensified and the conflict
particular at the regional level in Africa. Throughout expanded to neighbouring Burkina Faso. At UN level,
2018, FIDH has continually expressed its concerns the report was disseminated to UN Security Council
on the consequences of the foreseen institutional Member States, the Executive Office of the Secretary
reforms of the African Union for the African human General, the Office of the High Commissioner for
rights system, and mobilised intensely, for the Human Rightst, the Department of Peacekeeping
Operations, and the Special Rapporteur. The report
contributed to the reflection at the UN in New York
around the renewal of MINUSMA’s mandate to
the fight against impunity in Central Mali, through
assistance to the Malian authorities, and its re-
20 — F I D H ANNUaL Re PORT 2 0 1 8
adjustment in the asymmetric context in which it
operates.
FI DH A NNUa L ReP O RT 2 0 1 8 — 21
FOSTERING AN ENVIRONMENT
CONDUCIVE TO DEMOCRACY AND
FREEDOM
2/ IMPACTS and SIGNIFICANT OUTCOMES
Expected outcome 1.1: Member and partner organisations with enhanced capacity to act for freedoms
and democratic principles
Expected outcome 1.2: Authorities obstructed in their freedom-destroying, arbitrary and anti-
democratic initiatives
With respect to Poland, FIDH has been documenting and denouncing Rule of Law and human rights violations, with a
focus on women’s rights and LGBTI+ people’s rights, based on findings gathered through field missions and provided by
its member and partner organisations active on the ground. In 2018 FIDH urged the authorities to refrain from adopting
policy and legislation which would further restrict these rights. Impacts generated at the European Parliament included
a letter sent by five MEPs across political groups to First Vice President of the European Commission Timmermans,
raising FIDH’s concerns and recommendations on the need for reforms in Poland.
•••
22 — F I D H ANNUaL Re PORT 2 0 1 8
•••
The Sargentini Report from the European Parliament concluded in September 2018
that there was a clear risk of a serious breach by Hungary of the EU’s founding values
protected under article 2 of the European Treaty on European Union. The report requested
that the European Council activate the article 7 TEU procedure against Hungary. Since
the procedure was launched in September 2018, new measures have been taken by
the Hungarian authorities which further erode the Rule of Law and human rights in the
country, including judicial independence, media freedom, academic freedom, freedom of
expression and association, and civil society space. FIDH has been strongly advocating
for the activation of the Article 7 (1) TEU mechanism against Hungary since 2013 and
continues to call on all EU institutions, particularly the Council (Member States), to hold
the Hungarian government accountable for Article 2 TEU violations.
FI DH A NNUa L ReP O RT 2 0 1 8 — 23
FOSTERING AN ENVIRONMENT
CONDUCIVE TO DEMOCRACY AND
FREEDOM
The creation of the CSO liaison unit was a significant recognition of the role and value
of civil society in the fight against terrorism. This was fed by a number of initiatives
that FIDH organised: repeated advocacy carried out in New York, notably with highly
sensitive exchanges on Russia; the organisation of a workshop at Columbia university
with human rights organisations and UN officials; and the organisation in early July by
the Observatory, of the Inter-mechanism meeting, assembling human rights defenders
protection mandates from across inter-governmental organisationsto meet with
counter-terrorism mechanisms and institutions.
Expected outcome 3.1: Progress towards universal abolition of the death penalty
24 — F I D H ANNUaL Re PORT 2 0 1 8
A man shows his inked finger after casting his vote at a polling station during the parliamentary elections in Herat, Afghanistan on October 20, 2018.
© Mir Ahmad Firooz / Anadolu Agency
FI DH A NNUa L ReP O RT 2 0 1 8 — 25
PRIORITY
In 2018, FIDH conducted four fact-finding missions in its investigations and prosecutions, and to ensure
with a focus on sexual violence and sexual crimes accountability for sexual and gender-based crimes.
committed in: Darfur; in Kenya ; in Libya against In this respect, FIDH released a report regarding
migrants on their road to Europe (see priority on Conflict-related Sexual Crimes and Accountability,
migrants); and in Mali (see priority on democracy and submitted an Article 15 communication to the
and freedom). ICC on sexual violence committed in the context
of the conflict in eastern Ukraine (see priority on
In Kenya, FIDH and its member organisation, the Kenya Fighting Impunity).
Human Rights Commission (KHRC), conducted a two-
stage fact-finding mission (in July and December) At national level, victims’ support with a holistic
to document cases of sexual violence committed approach (including legal and psycho-social support)
in the context of post-electoral violence. Interviews was provided in Ivory Coast, Central African Republic,
organised during both missions provided a broad Mali and Guinea during criminal proceedings brought
picture of the extent and different forms of sexual before national courts for acts of sexual violence.
violence perpetrated in Western Kenya, the State’s Progress in establishing responsibilities in the area
response in this region and a better understanding of sexual and gender-based crimes was made on
of survivors’ current situation, including access to the case of Ntaganda (accused of 13 counts of war
legal and medical assistance. The report that will be crimes, including rape and sexual slavery of civilians)
released in 2019 aims to recommend the reforms that before the ICC and, on the basis of extraterritorial
are required to ensure a more effective prevention jurisdiction, on the case of sexual and gender-based
and handling of election-related sexual violence crimes committed in Syria and Iraq against the Yazidi
by Kenyan authorities in preparation for the next community (see priority on fighting impunity). At
presidential election that will take place in 2022. regional level, FIDH continued to work on a complaint
to be lodged before the ACHPR based on testimonies
The documentation work requires a specific of Sudanese refugee survivors of sexual and gender-
methodology when it comes to sexual violence and based violence collected in Eastern Chad.
crimes in conflict-related situations. As FIDH member
organisations are often “generalist” human rights In 2018, FIDH also coordinated the drafting of a
organisations with different levels of expertise on publication on the impact of litigation in the fight
women’s rights, FIDH has worked on strengthening against sexual violence in Africa, with the aim of
their capacity in this regard, through coaching and highlighting how litigation before national, regional
training, workshops, exchanges of experiences – and international courts can bring changes in public
including with partner organisations specialised in the opinion, legal frameworks, as well as in the life of
defence of women’s rights – and through a “learning survivors, and analyse the relevance of this very
by doing” approach during fact-finding missions. As specific mode of action. The publication, which
a result, several subsequent actions were taken by gathers articles from lawyers, experts, women’s
member organisations: a press release and joint Op- rights activists, will be launched in 2019. FIDH and
ed on abortion in Chile and worldwide, and a training its member organisation in South Africa, Laywers
of police forces on sexual violence in Ghana. for Human Rights (LHR), also continued to support
the ACHPR in disseminating the Guidelines on
FIDH also provided expertise on this issue at the Combating Sexual Violence and its Consequences
international level with recommendations and to African Union Member States, AU organs and
advocacy at the ICC, to encourage the Court to institutions, lawyers, civil society organisations and
strengthen its gender strategy both internally and other relevant stakeholders. FIDH and LHR were for
26 — F I D H ANNUaL Re PORT 2 0 1 8
Pro-abortion activists demonstrate in front of the Ministry of Health in Santiago, Chile, on 26 March 2018. © CLAUDIO REYES/AFP
instance invited by the ACHPR to train members situation of women in Saudi Arabia, whereby following
of the judiciary and security forces in Ghana on announcements by Crown Prince Mohammad Bin
concrete ways of implementing, at national level, the Salman of reforms on Saudi women’s rights to drive,
provisions contained in the Guidelines. The training the crackdown on the women’s rights activists was
was provided in October 2018, in cooperation with put into the spotlight. There is an ongoing need for
FIDH member organisation in Kenya (KHRC). multiple forms of advocacy directed at various political,
religious and social players as well as international
On 8 March 2018, International Women’s Rights Day, bodies to ensure that States ratify international and
FIDH launched a webpage presenting 100 shocking regional human rights treaties protecting women’s
statistics on violence and discrimination against rights and human rights and that domestic law is
women worldwide. Visuals on statistics on violence harmonised in line with the ratified treaties.
against women were also produced for the International
Day for the Elimination of Violence against Women In the field of sexual and reproductive rights, activities
(25 November). This communication action attracted addressing the impact on women’s rights of political
about 16 000 visits via social media . and highlighted instrumentalisation of religion were conducted in
the scale of sex-based discrimination and the many 2018, highlighting the influence of the Catholic Church
areas in which these abuses occur: relationships, in Poland and Chile and its impact on women’s access
marriage, health, work, politics, access to land, media to sexual and reproductive rights. This was also an
visibility, and more. Inequalities between women and opportunity for FIDH to strengthen its partnership
men, and particularly discriminatory domestic laws with women’s rights organisations in Poland and
were an FIDH focus in 2018 with a strategic workshop Chile identified in 2017. The report on Poland on the
in Tunisia on equal inheritance rights held together with backlash of the rule of law issued in November 2018
the Association tunsienne des femmes démocrates (see priority on democracy and freedom) included
(ATFD) (see below). FIDH also supported the campaign a focus on the situation of women’s sexual and
‘All Jobs for All Women’ conducted by ADC Memorial reproductive rights. It is also the case for the 2018
to condemn lists of professions forbidden for women report on sexual and reproductive rights in Chile
in Russia and supported Saudi defenders in their highlighting violations of women’s rights despite
advocacy before the United Nations and the European the new law adopted in August 2017, lifting the total
Union, as part of the campaign highlighting the severe ban on abortion in three exceptional cases. FIDH
discrimination against women in Saudi Arabia and the prioritised international human rights protection
appalling situation of women’s rights defenders. This mechanisms (UN treaty bodies, respectively before
resulted in denunciations and recommendations made the CEDAW Committee for Chile and the Working
by the CEDAW committee, UN Special Procedures, Group on Discrimination against Women for Poland)
on the occasion of the Universal periodic review of as a leverage tool for progressive recommendations
Saudi Arabia, and on the occasion of a European to fight discrimination against women and highlight
Parliament resolution on June 2018, addressing States’ responsability to respect, protect and fulfill
some of the serious concerns raised by FIDH and its women’s human rights in line with their obligations
partner organisations about the situation of Women under international law.
Human Rights Defenders (see priority on human rights
defenders). It also fed the media debate about the
FI DH A NNUa L ReP O RT 2 0 1 8 — 27
PROMOTING WOMEN’S RIGHTS
2/ IMPACTS and SIGNIFICANT OUTCOMES
28 — F I D H ANNUaL Re PORT 2 0 1 8
Exptected outcome 1.3: Progress in establishing responsibilities for violence against women
and in victims’ right to reparation
This seminar aimed to coordinate efforts for the promotion of equal inheritance
rights for women and men, in relation to current debates on this issue in the three
Maghreb countries. Proposed reforms in this area have been heavily critised by
conservative Islamist groups.
On the same day as the seminar, the Tunisian Council of Ministers passed a
progressive bill recognising women’s equal rights to inheritance. This is the
first of its kind in the MENA region, where in most countries, women continue to
inherit half of men’s share. Relentless advocacy led by FIDH Tunis desk, but also
our member organisations, especially the Association Tunisienne des Femmes
Démocrates (ATFD), contributed to this great step.
FI DH A NNUa L ReP O RT 2 0 1 8 — 29
PROMOTING WOMEN’S RIGHTS
Objective 3 – Promote and Protect Sexual and Reproductive Rights
Expected outcome 3.1: Sexual and reproductive rights are better protected in law and in practice
Earlier in the year, in March 2018, FIDH and its member organisation had 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. Since then, Chile withdrew a
regressive decree on conscientious objection and worked towards the adoption of a
more progressive one.
30 — F I D H ANNUaL Re PORT 2 0 1 8
Feminists hold banners during a protest against restrictions in Abortion Law in Warsaw on March 23, 2018.
© Maciej Luczniewski / NurPhoto
FI DH A NNUa L ReP O RT 2 0 1 8 — 31
PRIORITY
FIGHTING DISCRIMINATION AND
VIOLENCE BASED ON SEXUAL
ORIENTATION AND GENDER IDENTITY
1/ ANALYSIS OF PL ANS, CHALLENGES AND
PROGRESS
In 2016, Fighting discrimination and violence based on in 2018 at the EU resulted in a letter sent by five
sexual orientation and gender identity was adopted members of the European Parliament across
at the Congress in South Africa and now is part of political groups to the First Vice President of the
FIDH’s Multi-Year Strategic Plan (2017-2022). In European Commission, raising FIDH’s concerns and
addition to the protection of LGBTI+ rights defenders recommendations on the need for reforms in Poland.
in danger (see priority on human right defenders), Further advocacy work will be conducted in 2019
this priority is guided by the aim to: in Poland and in the capitals of the Member States
- p romote political and legislative progress at of the EU in this regard (see priority on democracy
national levels towards positive commitments, and freedom).
bills and laws against violence and discriminations
based on sexual orientation and gender identity; Engaging the responsibility of States for violence
and and discrimination against LGBTI+ persons was also
- a ct towards the withdrawal, suspension, non- sought through other leverages such as the Moscow
adoption of bills that run counter to the rights of Mechanism under the Organisation for Security and
LGBTI+ persons and international human rights law. Cooperation in Europe (OSCE) umbrella. FIDH, in
Human rights instruments prohibit discrimination partnership with various organisations including
on several grounds, including on sexual orientation the Russian LGBT Network, advocated support
and gender identity. Under international law, the in favour of the activation of such a mechanism
State has an obligation to prohibit discrimination in Russia. In September 2018, OSCE activated a
in the enjoyment of human rights. mechanism in the case of Russia, upon the request
of 16 Member States requesting a fact-finding
In 2018, advocacy was conducted in order to engage mission to document violations of human rights
decision-makers in the fight against violence and committed in Chechnya since 2017, notably against
discrimination against LGBTI+ persons. It was based LGBTI+ persons and human rights defenders.
on fact-finding documentation such as in the case of
Poland or on a thorough legal analysis of a number of FIDH’s work on strategic litigation also allowed
laws in a specific State such as Tunisia (see below). advancement on LGBTI+ rights at both the legal and
In Poland, although the conservative government the political level. FIDH, through the Litigation Action
has not yet introduced further restrictions to LGBTI+ Group, continued to follow-up their involvement via
people’s rights, the political climate does not favour third-party interventions in five ongoing proceedings
changes that would further liberalise the country’s before national and regional courts. In 2018, FIDH
legal framework and address protection gaps. On welcomed the favourable decision from the Court
the contrary, the conservative discourse promoted of Justice of the European Union (CJEU) in Coman
by the ruling party has provided fertile ground for & Hamilton (Case C-673/16) (see below).
discrimination and violence against LGBTI+ people
and organisations working on LGBTI+ rights. As a
consequence, attacks against LGBTI+ people and
organisations have multiplied over the past few
years and LGBTI+ rights organisations have seen
their space shrinking. Advocacy work conducted
32 — F I D H ANNUaL Re PORT 2 0 1 8
The LGBTI+ flag flies over a demonstration against impunity in Guatemala. © Orlando Estrada / AFP
Expected outcome 1.2: Decision-makers become more engaged in the fight against violence and
discrimination against LGBTI+ persons
FI DH A NNUa L ReP O RT 2 0 1 8 — 33
FIGHTING DISCRIMINATION AND
VIOLENCE BASED ON SEXUAL
ORIENTATION AND GENDER IDENTITY
Objective 2 – Fight against violence, discrimination and stigmatisation
Expected outcome 2.1: Engaging the responsibility of States for violence and discrimination against
LGBTI+ persons
34 — F I D H ANNUaL Re PORT 2 0 1 8
People take part in Pride Walk, in Amsterdam, Netherlands, on 28 July 2018.
© Arroyo Fernandez/Nur Photo
FI DH A NNUa L ReP O RT 2 0 1 8 — 35
PRIORITY
36 — F I D H ANNUaL Re PORT 2 0 1 8
Migrant workers looking at job advertisements in a market in Bishkek, Kyrgyzstan. November, 2017. © ADC Memorial
Objective 1 – Support Laws and Policies that Protect the Rights of Migrants
Expected outcome 1.1: Member and partner NGOs supported to build their capacity to act
FI DH A NNUa L ReP O RT 2 0 1 8 — 37
PROMOTING THE RIGHTS OF MIGRANTS
Expected outcome 1.3: Engaging the responsibility of the perpetrators of violations of the
rights of migrants
Expected outcome 2.1: Decision-makers more mobilised for protection of the rights of migrant workers
38 — F I D H ANNUaL Re PORT 2 0 1 8
African migrants settle under the bridge of a motorway on the outskirts of Algiers, Algeria, July 24, 2017.
© Billal Bensalem / NurPhoto
FI DH A NNUa L ReP O RT 2 0 1 8 — 39
PRIORITY
Fighting Impunity and Protecting
Populations from the Most
Serious Crimes
1/ ANALYSIS OF PL ANS, CHALLENGES AND
PROGRESS
I n 2 018 , F I D H h a s c o n t i n u e d t o s u p p o r t
implementation of the right to an effective remedy for
victims of international crimes, as a first exercise of
their rights to truth, justice and reparation. Fighting has just been established and constitutes the main
impunity for the most serious crimes is a key element remedy for victims of international crimes. In Peru,
in preventing their repetition, through the judgement the Special Criminal Chamber of the Supreme Court
of those responsible, the implementation of victims’ of Justice affirmed that the pardon granted to former
rights and, ultimately, strengthening the rule of law. President Fujimori was unconstitutional, following
a judgement of the Interamerican Court for Human
Documentation of international crimes aiming to Rigts, to which FIDH and others had submitted
establish facts and responsibilities regarding the an amicus curiae. Meanwhile in Mexico, efforts
most serious crimes continued as planned in 2018 of victims supported by FIDH and civil society
with fact-finding missions in various countries, in organisations aimed to qualify the most serious
situ (Ukraine, Mali, Bangladesh, Georgia, Sudan, crimes committed in the country as crimes against
Kenya, Mexico, Colombia) or outside of the country humanity.
when it was not possible to access the victims in
the country at stake (Turkey for crimes committed Following various missions in Haïti, FIDH and its
in Syria, France and Italy on crimes committed in partners RNDDH and CEDH published a report on the
Libya). Political missions were also organised in proceedings against those responsible for crimes
particular in Haiti, Ivory Coast and Georgia. committed under Jean-Claude Duvalier’s regime,
calling on the Haitian authorities to demonstrate a
Before national juridictions, in the countries real will to prioritise justice, the fight against impunity
where the crimes have been committed, FIDH and the rule of law, guaranteeing the independence
and its Litigation Action Group (LAG) continued of the judiciary while giving it sufficient resources
to play an active role, together with FIDH member to carry out its mission, as well as to lift the omerta
organisations, to represent victims of international on the crimes of the past and actively participate
crimes, in particular in Ivory Coast, Mali, Guinea in the duty of memory and the right of victims to
Conakry and Central African Republic (see below). the truth. On the duty of memory, the history of
political violence in Guinea, particularly under
Stronger focus has been made on Latin America Ahmed Sékou Touré’s rule, has long been taboo,
in relation with some positive developments in the with archives destroyed or hidden. Sixty years after
region: in Colombia, the Special Court for Peace Guinea’s independence, FIDH and RFI published a
book, written with Guinean authors, to offer new
interpretations of this history and stimulate debate.
Two thousand people were present at the book’s
launch at the Palais du Peuple in Conakry, the same
place where Sékou Touré had given his inflammatory
40 — F I D H ANNUaL Re PORT 2 0 1 8
speeches. Several publicly recorded RFI programs
and the extensive national coverage allowed the
launch to become a major topic of national debate.
FI DH A NNUa L ReP O RT 2 0 1 8 — 41
Fighting Impunity and Protecting
Populations from the Most
Serious Crimes
OCDH, who have accompanied victims since 2002,
completed a new mission with victims of the Bemba
case. Rejection of the ICC, lack of understanding,
gap between the acquittal of Jean Pierre Bemba
and what they actually lived through, and hope for
assistance from the ICC Trust Fund for Victims, were
among the feelings and expectations of victims. of political support, resources, staffing, expertise
FIDH was also active in the facilitation of exchanges and prosecutorial strategies) that the Special
between victims and member organisations and Criminal Court in Central African Republic faces,
organs and units of the Court. FIDH continued, through its permament presence
in the country, to advocate for the setting up of
These judicial developments still took place in a the Court and the first investigations to start, and
context of ongoing budgetary restrictions, lack to support victims and their legal representation.
of States’ cooperation and support to the ICC, in Other announced initiatives (in South Sudan, Sri
particular when new ICC situations face additional Lanka) are at a standstill.
cooperation-related challenges. Additionally,
political threats to the Court and positions taken
against its work were part of the increasingly In 2018, FIDH intensified its interaction with the
diverging views on multilateralism and on how to International, Impartial and Independent Mechanism
tackle global problems. (IIIM) for Syria, in the context of FIDH’s ongoing
litigation. FIDH also advocated for accountability
On the 20th anniversary of the adoption of the ICC efforts on Myanmar and the creation of a second IIIM
Statute, FIDH published a report on consolidating for Myanmar to be set up by the UN Human Rights
and expanding on the 10 main challenges to an Council. At the European level, several rounds of
effective and independent International Criminal advocacy meetings were conducted in Brussels by
Court. The challenges were also discussed during FIDH and its partners concerning Burundi and DRC
the 17th session of the Assembly of States Parties, in order to call on the EU to keep up pressure on the
where an FIDH delegation organised and supported authorities ahead of the referendum and elections
the organisation of seven side events (see below). and to maintain individual sanctions (asset freeze
and visa bans) against targeted perpetrators of
FIDH also participated in the international event human rights violations (see below).
organised by the Mukwege Foundation, “From words
to action: repairing the wounds of wartime sexual In countries confronted with significant violence,
violence” and the presentation of the Survivors’ the fight against impunity contributes significantly
Reparations Initiative, in the Hague. to the resolution of crises or conflicts. However, the
urgency of protecting people in these situations
In parallel, FIDH also supported victims’ access is all too often hampered by the United Nations
to hybrid courts. Despite the real difficulties (lack Security Council being paralysed, the lack of action
or resources of regional intergovernmental bodies,
and by unilateral or coalition military interventions,
including those of emerging regional powers. In such
42 — F I D H ANNUaL Re PORT 2 0 1 8
an environment, other means of actions have to be
undertaken, and other means of influence identified.
FI DH A NNUa L ReP O RT 2 0 1 8 — 43
Fighting Impunity and Protecting
Populations from the Most
Serious Crimes
2/ IMPACTS and SIGNIFICANT OUTCOMES
Expected outcome 1.1: Establishing the facts and responsibilities regarding the most serious crimes
Expected outcome 2.1: Engaging criminal responsibility of the perpetrators of the most serious crimes
In the Central African Republic, FIDH and its LAG’s strategy to fight against impunity has been implemented by
continued work documenting crimes committed by all parties to the conflict (including recent and ongoing crimes),
and outreach to victims and their communities. This work will materialise in criminal complaints to be filed with the
newly created hybrid Special Criminal Court. The LAG is accompanying local lawyers as well as victims and victims’
groups and will provide legal representation, enabling them to act as civil parties in the proceedings. In parallel and
to enhance the effectiveness of the LAG’s work before the Court, FIDH has continued to reach out to and engage
with Court representatives and international organisations active in CAR.
•••
44 — F I D H ANNUaL Re PORT 2 0 1 8
•••
In Mali, FIDH continued to follow up its support programme for the victims of the most
serious crimes committed during the occupation of the North before the national justice
system, and advocated for further ICC action on the situation in Mali. FIDH also continued
to support the victims in the Sanogo putschist trial before the national justice system.
In Ivory Coast, FIDH continued its upport for victims of the most serious crimes committed
during the electoral crisis (2010-11) before the national justice system, while advocating
for further ICC action. In Guinea, FIDH’s support continued for victims of the 28 September
2009 massacre, 2010 torture and the repression of the 2007 demonstrations before the
national justice system.
In mid-October 2018, the yearly LAG West Africa meeting was held in Bamako, Mali,
building on the positive exchange and outcomes of the strategic meetings that were held
in Ivory Coast and in Senegal. The follow-up meeting brought together LAG members
from countries where FIDH accompanies victims of grave human rights violations before
national jurisdictions (i.e. Central African Republic, Ivory Coast, Guinea, Senegal and Mali)
and LAG lawyers with experience of representing victims before the Extraordinary African
Chambers for the trial of Hissène Habré, and the Extraordinary Chambers in the Courts of
Cambodia (ECCC). This strategic meeting, held on a yearly basis, is key to develop strategies
and processes on the issues of trial strategy, communication strategy and how to ensure
victim and witness safety as well as effective reparations and is of growing importance
in light of the increasing number of national proceedings that FIDH is engaged in in the
region, as well as of the growing challenges and obstacles faced by victims before national
justice systems in the region.
FI DH A NNUa L ReP O RT 2 0 1 8 — 45
Fighting Impunity and Protecting
Populations from the Most
Serious Crimes
•••
FIDH has also continued its active support to Syrian civil society groups and in particular
groups representing victims, as they are an important leverage for reaching out to victims and
witnesses who can provide vital information to investigators and prosecutors. In September
2018, FIDH hosted a delegation from SCM and the Cesar Families Association, for a series of
meetings with French political and judicial authorities focused on ensuring accountability for
crimes committed against civilian detainees and disappeared. These activities complement
the LAG’s ongoing contribution to the French Prosecutor’s preliminary investigation relating to
the Cesar photos, notably through identifying key witnesses. Since the opening of a criminal
investigation based on the Cesar photographs in France in 2015, FIDH and its Syrian member
organisation, SCM, have actively contributed by identifying key witnesses who have testified
as well as by sharing documents and material evidence on systematic torture of detainees
by the Syrian regime.
International arrest warrants were issued by French judges in October 2018 targeting three
high-ranking regime officials (who are still in office inside Syria) in the Dabbagh case (initiated
by FIDH in 2016, with LAG lawyers representing the Dabbagh family). These developments
affirm FIDH and SCM’s joint strategy to fight against impunity for grave violations committed
in Syria since March 2011 through recourse to extraterritorial jurisdiction, which today
represents the only avenue for justice open to Syrian victims.
Finally, FIDH has continued its active contribution to three cases under judicial investigation
before the French war crimes unit concerning serious international crimes in Syria, including
war crimes, crimes against humanity, torture and enforced disappearance, in which LAG
lawyers represent FIDH and victims as civil parties. This work has included filing key
documents and other pieces of information with investigating judges, requesting them to
take certain steps to advance the investigations, identifying key witnesses, documenting
their testimony and organising their travel to Europe to formally testify in the investigations,
and communicating publicly on cases.
46 — F I D H ANNUaL Re PORT 2 0 1 8
Before the ICC : focus on Mexico
Since 2014, FIDH and its partners in Mexico have submitted information and documentation to the
Prosecutor of the ICC to open a preliminary examination on the alleged crimes against humanity
committed in Mexico, in particular Baja California and Coahuila. In June 2018, FIDH and its partners
published a report “Article 15 Communication under the Rome Statute to the International Criminal
Court regarding the alleged commission of crimes against humanity in Chihuahua, Mexico, between
2008 and 2010”, with the support of more than 80 Mexican organisations. This communication,
together with confidential annexes, were presented to the OTP on 11 June 2018, followed by a press
conference in The Hague (with representatives of FIDH, CMDPDH and Paso Del Norte) and meetings
with the Mexican Embassy. It must be highlighted that this action contributes to the increasing
visibility of the effects of the war on drug trafficking, particularly those created by the militarisation
of public security. The publication of the report received both national and international media
coverage.
FI DH A NNUa L ReP O RT 2 0 1 8 — 47
Fighting Impunity and Protecting
Populations from the Most
Serious Crimes
FIDH released a report entitled Unheard, Unaccounted: Towards Accountability for Sexual and Gender-Based Violence
at the ICC and Beyond. In this report, FIDH gives a critical assessment of the investigation and prosecution of
perpetrators of sexual crimes by the ICC and others. FIDH provides a series of recommendations to the Court,
civil society and States to better adopt a gender perspective in investigations and prosecutions conducted by
the ICC, and in its support for victims. This report is based on investigations and consultations conducted over
three years with NGOs, victims of sexual violence and their lawyers, international experts and ICC representatives.
It was released in English, French and Spanish, and accompanied by an explanatory short promotional video
screened in the presence of numerous SGBV experts, ICC Deputy Prosecutor and other ICC representatives,
representatives of embassies and many NGOs.
Expected outcome 4.1: Populations in situations of conflict and crisis better protected
48 — F I D H ANNUaL Re PORT 2 0 1 8
© Pierre-Yves Ginet
FI DH A NNUa L ReP O RT 2 0 1 8 — 49
PRIORITY
Promoting respect for human rights by economic Brazil), and to challenge the State duty to protect
players has been a long-standing priority for human rights on its territory, including against
FIDH with the objective to defend human rights business-related human rights abuses (as in the case
in the context of global economic development. of ILVA in Italy). A 2018 report, submitted by FIDH
International human rights law and norms lay down and more than 20 NGOs from Latin America, at the
the obligations of governments to protect, respect, UN during the UPR on China, was used for advocacy
and fulfill human rights of both individuals and purposes to challenge Chinese investments in five
groups. In recent years, however, the role of non- countries in Latin America where they do not comply
State actors, particularly transnational corporations, with international law (see below).
in respecting and protecting these rights has seen
fast-moving developments. Today, together with Like companies, investors have a responsibility
the State’s duty to protect, respect and fulfil human to respect human rights in line with the 2011 UN
rights, the responsibility to respect human rights Guiding Principles on Business and Human Rights
is a global standard of expected conduct for all (UNGPs) and the OECD guidance on Responsible
business enterprises, wherever they operate. Business Conduct for Institutional Investors. This
means, among other things, that investors should
Individuals and communities affected by economic identify and address human rights risks and impacts
activities also face major difficulties in documenting in their investment portfolios, and use their leverage
violations of their rights and struggle to access to influence investee companies to respect human
and secure effective redress for the harm suffered. rights. FIDH, in the framework of its work on the
Libertés et Solidarité ethical mutual fund, managed
In 2018, FIDH organised investigative missions by LBPAM Asset Management, further developed in
in close cooperation with its local member and 2018 its methodology based on a qualitative analysis
partner organisations to document violations of of corporate behaviour on human rights (using
human rights by companies, using the human both public information and its network) to assess
rights impact assessment methodology that companies on their human rights performance.
promotes participation of affected communities
(C o m m u nit y-B ase d H u m a n Ri g hts Im p ac t This exercise contributes human rights expertise
Assessments, or COBHRIA). In response to needs to improve the measurement of human rights
expressed by member organisations, FIDH has performance of companies and to engage dialogue
conducted missions for example in Brazil regarding with companies and investors as a way to shape
the activities of Vale, one of the the world’s leading practices and advice for implementation of effective
mining companies (see below). human rights due diligence in supply chains. At least
five major French companies and one business
Documentation work was mainly focused on the association, including major companies targeted
negative impact of business on human rights, by the 2017 French Duty of Vigilance Law, asked
especially on the right to live in a healthy environment FIDH to provide a space for dialogue and feedback
and on connected economic, social and cultural on effective implementation. This also shows that
rights. It was used for different purposes: to pressure FIDH is recognised by companies as a credible and
companies to withdraw from economic projects authoritative stakeholder on this issue. In March,
which violate human rights international law (as in FIDH also organised a public event with investors
the case of the tramway project in Jerusalem); or and stakeholders to present its biannual report
to mitigate the negative impacts of such projects assessing the way in which European Union Member
on individuals and communities (as in the case of States fulfil their human rights obligations. This
50 — F I D H ANNUaL Re PORT 2 0 1 8
Third session of the open-ended intergovernmental working group on transnational corporations
and other business enterprises with respect to human rights, October 2018, Geneva. © FIDH
FI DH A NNUa L ReP O RT 2 0 1 8 — 51
PROMOTING RESPECT FOR HUM AN
RIGHTS BY ECONOMIC PL AYERS
2/ IMPACTS and SIGNIFICANT OUTCOMES
Expected outcome 1.1: Member and partner organisations supported in documenting human rights
violations by economic actors
The mission followed up whether the recommendations made by the 2011 COBHRIA
were taken into account by the company and the authorities to redress the human rights
violations suffered by the inhabitants of Piquià de Baixo as a consequence of the mining
and steel industry operations. A significant recommendation from the communities
was followed up in September 2018: representatives of the Piquiá de Baixo community
signed the contract launching the construction of a new district where 312 families will
be relocated.
South Africa: FIDH followed up its work on previous COBHRIA with its member
organisation Lawyers for Human Rights (LHR) regarding the impacts of a mining
company (Blyvooruitzicht Mine) on the environment and the access to basic services
of a village composed of 6000 people.
The COBHRIA methodology has also been promoted in light of a new program aiming
to identify countries in Africa or Asia where such an approach could be further used.
A call for proposals has been launched to select the countries where such COBHRIA
could be conducted in 2019.
52 — F I D H ANNUaL Re PORT 2 0 1 8
Documentation used to support litigation
AND advocacy
The ILVA case: The European Court of Human Rights adopted a decision of 24 January
2019 asking the Italian government to immediately adopt all the necessary measures
needed to stop and prevent pollution in the area of Taranto created by ILVA. The decision
referred verbatim to one of the recommendations of the report published by FIDH and
its member organisation UFTDU and partner organisations HRIC and Peacelink (Italy)
in April 2018. The report is a key legal analysis, inter alia, of the EU jurisprudence on the
right to a healthy environment and will be used also in the future to frame the work in
that direction in other EU countries.
On the same note, in the Latin American and Caribbean region where Chinese presence in
global extractive and infrastructure industries has increased sharply in the last decade,
FIDH and more than 20 NGOs from Latin America submitted a report during the pre-session
of the UPR in September that revealed systematic violations of environmental and human
rights by Chinese banks and private or state companies (in Argentina, Bolivia, Brazil,
Ecuador and Peru). The report concludes that these are not isolated incidents, but reveal
a recurring pattern of behaviour of human rights violations. The joint submission to the
UPR of China regarding the impact of Chinese corporations in Latin American countries,
along with a side-event to launch the report at the UPR pre-session, and several advocacy
meetings with State delegations to advocate for the inclusion of recommendations on
extraterritorial HR obligations, resulted in four States (Kenya, Peru, Ecuador, Palestine)
taking up the main recommendation on China’s extraterritorial obligations. China has
decided in March 2019 to accept these recommendations.
FI DH A NNUa L ReP O RT 2 0 1 8 — 53
PROMOTING RESPECT FOR HUM AN
RIGHTS BY ECONOMIC PL AYERS
Expected outcome 1.2: Member and partner NGOs with enhanced capacity to act for the protection
and promotion of economic, social and cultural rights
The communities’ concerns and requests were summarised in a document submitted to government
officials, with 17 recommendations regarding participation and access to information, environmental
and social rehabilitation, basic services and infrastructure, closure certification process, employment
and housing.
Since working on this case, LHR is now much more involved at national, regional and international
levels and regarded as an expert on Business and Human Rights issues.
Expected outcome 1.3: Companies and investors more engaged in protecting human rights
and the environment
All bonds and equities that are part of the Fund are selected on the basis of respect for human
rights by the States and companies that issue them. The Fund has set principles and a dedicated
methodology that govern its investments in bonds and equities. The basic human rights that FIDH
wants to promote within countries and companies include, but are not limited to, gender equality and
women’s rights, non-discrimination, eliminating corruption, better governance, social and economic
rights and freedom of expression/right to information. Bonds can be issued by governments/sovereign
countries or by non-sovereign entities (companies). Equities are specific to listed companies.
54 — F I D H ANNUaL Re PORT 2 0 1 8
Objective 2. To support access to means of recourse/redress
Before: FIDH commissioned Dr Irene Pietropaoli, Research Fellow in Business and Human
Rights at the British Institute of International and Comparative Law, to write a briefing paper
on advocacy strategies regarding the treaty in order to give member organisations some
concrete suggestions to leverage their own authorities’ positions. In September 2018, in
a meeting in the Philippines, ESCR-Net members of the Corporate accountability working
group (CAWG) held strategic discussions around business and human rights issues, including
strategic discussions on the UN Treaty, corporate capture, protection of human rights
defenders, and documentation strategies. FIDH also supported member organisation LHR
and partners CALS and Action Aid to organise a preparatory conference in South Africa in
August 2018 with the objective to prepare for the fourth session of the IGWG.
During: FIDH gave a number of oral statements at the session and held a multitude of
bilateral meetings with diplomats, to provide inputs to the first draft of the treaty. During
the fourth IGWG session in Geneva, FIDH participated with a delegation composed of six
members of the International Secretariat and four representatives of member organisations
from South Africa, Peru, Myanmar, and Armenia. Strategic meetings were held with seven
FIDH members present in Geneva: LHR from South Africa, Equidad from Peru, Justiça Global
from Brazil, Al-Haq from Palestine, ALTSEAN Burma, Kenya Human Rights Commission and
CSI from Armenia. Three additional members attended, from Kenya, Brazil and Palestine.
An in-depth analysis of the draft treaty presented by the Working Group was published in
September. FIDH held direct advocacy meetings with six States during the fourth session
(Mexico, France, Italy, Peru, Canada, Switzerland) and with the EU. A blog article was written
by FIDH on the draft on the Business and Human Rights Resource centre’s website. Member
organisations Al-Haq from Palestine and Justiça Global from Brazil autonomously wrote a
blog article on the draft treaty on the Business and Human Rights Resource centre’s website.
FIDH was invited to speak on an expert panel on liability in front of the fourth session. In
addition, two side events were organised on the issues of 1) State Owned Enterprises and
the scope of the treaty, and 2) Human Rights Defenders in the treaty. FIDH also co-sponsored
three other side events.
After: Five advocacy position papers were published on the treaty addressing the issues
of corporate capture, human rights defenders, indigenous peoples, feminist and gender-
responsive lens, and conflict-affected areas.
FI DH A NNUa L ReP O RT 2 0 1 8 — 55
PROMOTING RESPECT FOR HUM AN
RIGHTS BY ECONOMIC PL AYERS
Expected outcome 2.2: Trade and investment agreements that take protection of human rights better
into account
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 European Commission in February 2018, to advise the EC’s trade policies
from a human rights expert point of view. FIDH is also part of the Domestic Advisory Group (DAG) set up
to monitor the economic and sustainable development chapter of the EU-Korea Free Trade Agreement.
In that framework, FIDH raises cases of human rights violations documented in the context of the
implementation of the trade agreement.
In this context, FIDH echoed appeals of its Observatory for the Protection of Human Rights Defenders,
urging for the release of the former KCTU Secretary General Ms Lee Young-joo, detained and sentenced
to a three-year suspended prison term and a fine, as well as former KCTU president Han Sang-gyun.
•••
56 — F I D H ANNUaL Re PORT 2 0 1 8
•••
In order to ensure that the European Commission take on its responsibilities correctly,
raising their cases and actively engaging with the South Korean authorities, a joint
letter was addressed to Trade Commissioner Malmstrom to this effect. Following
these activities, Ms Lee Young-joo was released on 14 June 2018 and Han Sang-
gyun was released on parole on 21 May 2018.
Cambodia currently benefits from the most favourable trade regime available
under the EU’s Generalised Scheme of Preferences (GSP) through an “everything
but arms” (EBA) scheme, which gives duty-free access to the EU for exports of all
products from Cambodia, except arms and ammunition. This scheme foresees the
possibility to suspend trade preferences should grave and systematic human rights
violations be documented.
FIDH and its member organisations in Cambodia documented grave and systematic
human rights violations, notably repressive legislation limiting the space for civil
society, as well as grave violations in the context of land grabbing.
Advocacy was then deployed to the EU to call for an EU investigation into those
violations in the context of the trade preferences. As such, on the occasion of the
EU-Cambodia human rights dialogue of 13 March, FIDH released a briefing paper
calling for a specific EU investigation into EBA trade preferences until repressive
legislation and amendments are repealed and Rule of Law and democracy are restored
and guaranteed in line with international standards. These recommendations were
also shared with the European Parliament, the EU Member States, The European
External Action Service and the European Commission on several occasions.
Expected outcome 2.3: Responsibilities shouldered by companies in relation to human rights violations
FI DH A NNUa L ReP O RT 2 0 1 8 — 57
PROMOTING RESPECT FOR HUM AN
RIGHTS BY ECONOMIC PL AYERS
58 — F I D H ANNUaL Re PORT 2 0 1 8
Residents celebrate a success after a 30-hour demonstration in front of the entry of a steel factory. © Marcelo Cruz
FI DH A NNUa L ReP O RT 2 0 1 8 — 59
FINANCIAL report 2018
Supporting human rights defenders 1 019 016 11.5% 724 041 8.6%
Fostering an environment conducive to democracy 1 057 133 12.0% 1 483 900 17.7%
and freedoms
Promoting women’s rights 208 494 2.4% 171 499 2.0%
Fighting discrimination and violence based on sexual - 13 112 0.2%
orientation and gender identity
Promoting the rights of migrants 99 912 1.1% 57 507 0.7%
Fighting impunity and protecting populations from 3 056 637 34.6% 2 523 002 30.1%
the most serious crimes
Promoting respect of human rights by economic 370 674 4.2% 167 939 2.0%
players
FIDH Network 1 050 928 11.9% 1 080 722 12.9%
External Network / Outreach 535 579 6.1% 573 688 6.8%
Logistics 313 277 3.5% 241 558 2.9%
Fundraising and Admin. Costs 1 121 152 12.7% 1 164 035 13.9%
Other Expenses - 188 003 2.2%
Membership fees and contributions 153 271 1.7% 123 380 1.4%
Earmarked grants and donations 5 641 159 63.5% 5 459 447 63.0%
Non-earmarked grants and donations 2 598 874 29.3% 2 439 647 28.2%
60 — F I D H ANNUaL Re PORT 2 0 1 8
Acknowledgements
FI DH A NNUa L ReP O RT 2 0 1 8 — 61
FIDH is an international human rights NGO federating
FIDH
17, passage de la Main d’Or
75011 Paris - France
Phone: +33 (0)1 43 55 25 18
Facebook.com/FIDH.HumanRights/
Twitter: @fidh_en /@fidh_fr /@fidh_es
www.fidh.org