Protection of Victims and Witnesses

                  This post is a summary of two articles. The first with the incomplete title above was published at   https://www.ohchr.org/Documents/Publications/Chapter14-56pp.pdf                                The second was published athttps://www.newtactics.org/conversation/protecting-survivors-and-witnesses

                  The primary responsibility for protecting victims, witnesses, sources of information and other persons cooperating with human rights fields presences rests with the state. The protection of victims, witnesses and other cooperating persons is an integral aspect of all phases of the monitoring cycle. Prevention is key in protecting victims, witnesses and other cooperating persons. Where there is a risk, it must be carefully assessed and weighed against the expected benefits of the activity in question. There is no single correct approach to protection. The appropriate protection strategy will depend on the political and security environments, the commitment of the national authorities, and the capacity and resources of the field presence, among other contextual factors. The UN Human Rights Council has urged states to prevent and refrain from all acts of intimidation or reprisals against those who have provided testimony or other information about human rights violations to the UN. The safety of victims, witnesses and other cooperating persons must be a paramount concern for human rights organizations (HRO). Accordingly, confidentiality as a measure to protect their safety, with the requirement of not disclosing their identity, should take precedence over other interests, including the prosecution of perpetrators of human rights violations. The principle of confidentiality also applies in the case of requests for information from national authorities or an international tribunal. In all circumstances and at all times, HROs have an obligation not to jeopardize the life, safety, freedom and well-being of victims, and witnesses. The best protection HROs can provide is to be aware of the potential risks of harm and to exercise good judgement, caution and sensitivity in all their interactions. Human rights offices's lack of care or negligent behaviour, along with a failure to understand the operational context, can put persons who come into contact with the field presence at risk of harm. One of the challenges of relocation programmes is ensuring that a person at risk can be effectively and safety resettled and integrated into a new community either within the country of origin or abroad. 

                  Protecting survivors and witnesses of human rights violations is crucial to effective human rights work. Protection is important because when survivors and witnesses fear further persecution, they are unlikely to report their experiences,  making redress and accountability much more difficult. The state is formally responsible for providing protection, but it is the state that is often the greatest source of perceived risk amongst witnesses and survivors. Under Article 13 of the UN Convention Against Torture, states have an obligation to ensure that victims and witnesses are protected against "all ill-treatment and intimidation as a consequence of his complaint or any evidence given." However this may not be appropriate in cases of torture when human rights violations were perpetrated by agents of the state. Countries should be encouraged to have victim and witness protection schemes that are independent. At times, NGOs who work directly with the victims of human rights violations and need protection. One way of protecting witnesses and victims is by recognizing the suffering of these victims and educating civil society to understand the value of their efforts on society. The international community can play a vital role in applying pressure on governments to provide adequate protection when civil society groups fall short. Broader alliances need to be built between different sectors of civil society to adequate protection of different layers of society. Sometimes Networks are crucial in terms of providing victims and survivors an ad hoc safe house or to flee to another location within the country or to a neighboring country. Communication between human rights defenders and victims/survivors is equally important to give an assurance of protection. The importance of support from international NGOs to human rights defenders, victims of human rights violations and witnesses is essential. The types of risk can be categorized broadly into three types of risk: physical risk, psychological risk and digital risk. Economic risk could be added. It is important to ensure that victims and witnesses hhave as much information as possible, so that they are in the best position to assess their own work. Hope, honor and human dignity was put forward as a way to manage risk and to empower victims and survivors. The risk of vicarious trauma and the importance of self care are highlighted. Protective measures by human rights organizations can include: 1) Strengthening the person's capacity for self-protection; 2) Supporting or establishing community-level protection networks. 3) Using visibility strategies with a deterrent effect. 4) Seeking the support of relevant partners and international mechanisms such as NGOs, diplomatic missions, UN agencies or special procedures. 5) Mobilizing efforts to directly or indirectly provide physical protection to the person at risk, including through relocation. 6) Limiting the capacity of the source of the threat to carry out an attack by reducing the vulnerability factors of the person at risk.  7)Intervening to influence or affect the baheviour or attitude of the source of the threat.  8) Increasing the political and social costs to the source carrying out the threat through, for instance, public advocacy in partnership with national and international networks. The cost of carrying out the threat should outweigh the benefits.  9) Advocacy and engagement with national authorities, stressing their human rights obligations, including their duty to protect those at risk and to prosecute offenders.  

70th Anniversary of the Universal Declaration of Human Rights

                Tomorrow the Universal Declaration on Human Rights will complete 70 years old, So this post is a tribute to this very important document. This post is a summary of two articles, the first was published at http://www.standup4humanrights.org/layout/files/proposals/UDHR70-MediaFactSheet.pdf. The second was published at http://www.un.org/en/events/humanrightsday/

                 In 2018, The Universal Declaration of Human Rights will celebrate its 70th anniversary. It remains as relevant today as it was in 1948. To highlight what the UDHR means for people in their everyday lives, UN Human Rights has launched a campaign building on the existing Stand Up for Human Rights campaign. It will culminate on 10 December 2018. Proclaimed by the U.N. General Assembly on 10 December 1948, the declaration was designed to prevent the repetition of the horrific human rights violations that had been committed during the World War II. The UDHR has also spawned many other important international treaties, including the International Convention on the Elimination of All Forms of  Racial Discrimination; the U.N. Convention Against Torture; the Convention on the Rights of Persons with Disabilities, etc. 18 treaties and optional protocols advancing human rights have been agreed since 1948. UDHR holds the World Record as the most translated document in the world with 500 languages. 57% of countries have now a national human rights institution. Why does the UDHR matter in 2018? 1) Global multilateral frameworks for peace and human rights are increasingly under threat. 2) Rights to privacy, data and consent are facing new challenges in the internet age. 3) Migrants and refugees: growing global migrant crisis. 4) Democracy: under threat around the world.
                Human Rights Day is observed every year on 10 December. This year, Human Rights Day marks the 70th anniversary of the Universal Declaration of Human Rights, a milestone document that proclaimed the inalienable rights which everyone is inherently entitled to as a human being, regardless of race, colour, religion, sex, language, political or other opinion, national or social property, birth or other status. Drafted by representatives of diverse cultural backgrounds from all regions of the world, the UDHR sets out universal values and a common standard of achievement for all people and all nations. It establishes the equal dignity and worth of every person. Thanks to the declaration, and states' commitments to its principles, the dignity of millions has been uplifted  and the foundation for more just world has been laid. While its promised is yet to be fully realized, the very fact that it has stood the test of time is testasment to the enduring universality of its perennial values of equality, justice and human dignity. The UDHR empowers us all. The principles enshrined in thee declaration are relevant today as they were in 1948. We need to stand up for own rights and those of others. We can take action in our own daily lives, to uphold the rights that protect us all and thereby promote the kinship of all human beings.
       

Handbook on Justice for Victims

            Some people still do not have a good understanding of human rights and very stupid declarations are said.  For example, that human rights do not defend the victims of crimes. Thus here there is a evidence of their mistake. Another stupidity is saying that human rights defend bandits, on the contrary, human rights is totally against crimes stay unpunished, and any violation of any human rights deserve a severe punishment. I could write many posts defending human rights, but I know that this would be totally unnecessary, because I think almost everybody already know their importance to the democracy and everyday in the citizen' life. The minority that says stupidity, maybe also understand their importance, but for some reason don not accept them as they are. This post is a summary of the book with the title above published in 1999 at   https://www.unodc.org/pdf/criminal_justice/UNODC_Handbook_on_Justice_for_victims.pdf       

             On 29 November 1985, the General Assembly of the UN adopted the declaration of Basic Principles of Justice of Crime and Abuse of Power, based on the conviction that victims should treated with compassion and respect for their dignity and that they are entitled to prompt redress for the harm that they have suffered, through access to the justice system, reparation and service to assist their recovery. The Declaration recommends measures to be taken on behalf of victims to improve access to justice and fair treatment, restitution, compensation and assistance. It also outlines the main steps to be taken to prevent victimization linked to abuse of power and to provide remedies for the victims. In the Declaration "victims" are defined in the broad sense as persons who, individually or collectively, have suffered harm,including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are violations of national criminal laws or of international recognized norms relating to human rights. Experts from nearly 40 countries have participate in the development of this Handbook. It is hoped that in the years to come, practitioners, researchers and policy makers around the world will contribute information about their own experiences, tailor the information presented in this Handbook to meet their needs and legal systems and offer suggestions on how the Handbook can be improved. Its widest possible relevance will be a continuing aim in the quest to alleviate the plight of victims of crime and abuse of power around the world. Research shows that the shock from victimization touch not only the victim but also the victim's family and relatives and acquaintances. This holds true for the emotional as well as the financial consequences, and the effects can endure for years or even a lifetime. In the case of genocide, exposure to violence and abuse of power, the effects can be passed on from one generation to the next. Not only individuals but also communities and organizations can be victimized, leading to their deterioration over time as confidence ebbs, fear increases and the economic burden of victimization becomes insupportable. The effects of victimization strike particularly hard at the poor, the powerless, the disabled and the socially isolated. Secondary victimization refers to the victimization that occurs not as a direct result of the criminal act, the violation,  but through the response of institutions and individuals to the victims.Secondary victimization through the process of criminal justice may occur because of difficulties in balancing the rights of the victim against the rights of the offender. More normally, however, it occurs because those responsible for ordering justice processes and procedures do so without taking into account the perspective of the victim. The attitude of individuals is also important. Some people with whom the victim has contact may wish to distance themselves from the distress of the violation by blaming the victim for what has occurred. Victims of abuse of power have particular difficulty in gaining recognition of the fact that they have been victimized. The essence of abuse of power is that it is committed by those who should be expected to protect the population. The shock and loneliness of victimization can be much greater for these victims. When a victim reports an offence or other victimizing event, to the police or public prosecution, this starts a process that is intended to ascertain whether or not the report of the victim is valid. The process can be a long and difficult one and from the legal point of view the victim is only a putative or alleged victim. In addition to recognition of and respect for victims, there is further consideration of the protection of their safety and privacy. The The suspect, or others acting on behalf of the suspect, may seek to intimidate the victim in order to prevent him or her from seeking justice, or may harass the victim in retaliation for having reported the matter to the authorities.  Special provision should be made to protect vulnerable victims. Secondary victimization also arises when details of the case are reported in the media. Several jurisdictions have sought to protect victim privacy and confidentiality by restraicting reporting. Victims of abuse of power face added problems in that it is sometimes difficult to persuade state agencies that an offence has occurred and that the case should be pursued through the justice system. The fundamental problem in some forms of abuse of power, however, is that the offence is committed by an agent of the state and officials are unwilling to have the offence reported to them or to act upon it. The victim is not treated as a victim and is not able to participate in the justice system or obtain the services that he or she may need. Agencies concerned with abuse of power have concentrated their efforts on persuading authorities that instances of it should treated as the crimes they usually are. Some agencies use publicity as their main weapon for making officials, the public and the international community aware of the problem. Publicity can encourage witness to come forward and make victims feel that they are not isolated and forgotten. A major psychological consequence of victimization in many cases is that the victim no longer feels safe. Preventing repeat vicmization can be a powerful way not only to reduce overall victimization but also to speed the victims' psychological recovery. Many victim assistance programmes are involved in raising public awareness about victim issues and available services. Many programmes are designed to offer education about victim needs and appropriate and sensitive treatment are targeted at officials in the justice system. A major psychological consequence of criminal victimization in many cases is that the victim no longer feels safe. Preventing repeat victimization can be a powerful way not only to reduce overall victimization but also to speed the victim's psychological recovery. The dignity and healing of victims depends on the respect and assistance extended to them by the professionals and others who came into contact with them. Since the adoption of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of power, important progress has been made in many nations to assist victims of crime and violation. Yet there are few nations where the Declaration has been fully implemented in a comprehensive and systematic way. In many cases, these reforms were the direct result of the efforts of NGOs to convince policy makers, offcials in law enforcement, justice systems and the public of their crucial importance to victims. Some organizations play a key role in the initiation, development and implementation of policies that empower victims of crime and violation. Currently, international exchanges of best practice play an increasingly important role in fostering victim policies. The World Society of Victimology provides a list of names and contact addresses for many of the persons involved in these organizations. The right of people to international protection is being increasingly recognized. It is now almost universally accepted that the safeguarding of human rights is the concern not only of individuals states but of the entire international community. This includes governments and intergovernmental organizations, as well as NGOs, which have been in the forefront of the defence of human and victims rights, the media, which have drawn world attention to ongoing abuses; and the public at large. The UN has a special responsibility and can provide the framework for concerted action, using all parts of the system, other international and regional antities, professional association, law institutions and broad-based support. Much can be done to contain victimization and suffering if the political will, the expertise and the vision are there.