Sunday, April 30, 2017

Definitions for the purpose of Istambul Convention 4/c


a “violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
b “domestic violence” shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim;
c “gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men;
d “gender-based violence against women” shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately;
e “victim” shall mean any natural person who is subject to the conduct specified in points a and b;
f “women” includes girls under the age of 18.

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Friday, April 28, 2017

Scope of the Istambul Convention 3/c


1 This Convention shall apply to all forms of violence against women, including domestic violence, which affects women disproportionately.
2 Parties are encouraged to apply this Convention to all victims of domestic violence. Parties shall pay particular attention to women victims of gender-based violence in implementing the provisions of this Convention.
3 This Convention shall apply in times of peace and in situations of armed conflict.


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Wednesday, April 26, 2017

Purposes of the Istanbul Convention 2/b



1 The purposes of this Convention are to:
a protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence;
b contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women;
c design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence;
d promote international co-operation with a view to eliminating violence against women and domestic violence;
e provide support and assistance to organisations and law enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence.
2 In order to ensure effective implementation of its provisions by the Parties, this Convention establishes a specific monitoring mechanism.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e


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Monday, April 24, 2017

Council of Europe Convention on preventing and combating violence against women and domestic violence. Preamble 1/a


The member States of the Council of Europe and the other signatories hereto,
Recalling  the  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms (ETS No. 5, 1950) and its Protocols, the European Social Charter (ETS No. 35,  1961, revised in 1996, ETS No. 163), the Council of Europe Convention on Action against  Trafficking  in  Human  Beings  (CETS  No.  197,  2005)  and  the  Council  of  Europe  Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse  (CETS No. 201, 2007);
Recalling the following recommendations of the Committee of Ministers to member  States of the Council of Europe: Recommendation Rec(2002)5 on the protection of women  against violence, Recommendation CM/Rec(2007)17 on gender equality standards and  mechanisms,  Recommendation  CM/Rec(2010)10  on  the  role  of  women  and  men  in  conflict  prevention  and  resolution  and  in  peace  building,  and  other  relevant  recommendations;
Taking account of the growing body of case law of the European Court of Human Rights  which sets important standards in the field of violence against women;
Having regard to the International Covenant on Civil and Political Rights (1966), the  International  Covenant  on  Economic,  Social  and  Cultural  Rights  (1966),  the  United  Nations Convention on the Elimination of All Forms of Discrimination Against Women  (“CEDAW”, 1979) and its Optional Protocol (1999) as well as General Recommendation  No.  19  of  the  CEDAW  Committee  on  violence  against  women,  the  United  Nations  Convention on the Rights of the Child (1989) and its Optional Protocols (2000) and the  United Nations Convention on the Rights of Persons with Disabilities (2006);
Having regard to the Rome Statute of the International Criminal Court (2002);
Recalling  the  basic  principles  of  international  humanitarian  law,  and  especially  the  Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War  (1949) and the Additional Protocols I and II (1977) thereto;
Condemning all forms of violence against women and domestic violence;
Recognising that the realisation of de jure and de facto equality between women and men  is a key element in the prevention of violence against women;
Recognising  that  violence  against  women  is  a  manifestation  of  historically  unequal  power relations between women and men, which have led to domination over, and  discrimination against, women by men and to the prevention of the full advancement of  women;


  • Recognising the structural nature of violence against women as gender‐based violence,  and that violence against women is one of the crucial social mechanisms by which  women are forced into a subordinate position compared with men;
  • Recognising, with grave concern, that women and girls are often exposed to serious  forms of violence such as domestic violence, sexual harassment, rape, forced marriage,  crimes  committed  in  the  name  of  so‐called  “honour”  and  genital  mutilation,  which  constitute a serious violation of the human rights of women and girls and a major  obstacle to the achievement of equality between women and men;
  • Recognising the ongoing human rights violations during armed conflicts that affect the  civilian population, especially women in the form of widespread or systematic rape and  sexual violence and the potential for increased gender‐based violence both during and  after conflicts;
  • Recognising that women and girls are exposed to a higher risk of gender‐based violence  than men;
  • Recognising that domestic violence affects women disproportionately, and that men may  also be victims of domestic violence;
  • Recognising that children are victims of domestic violence, including as witnesses of  violence in the family;
  • Aspiring to create a Europe free from violence against women and domestic violence,

Have agreed as follows:

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e
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Friday, April 21, 2017

Implications for Practice 9/9


It is important for policy-makers, practitioners, and human rights defenders to:

  • Develop spaces for self-reflection on the individual and collective wellbeing of human rights defenders, especially those at risk. 
  •  Recognise and address norms and expectations that make it difficult for defenders to engage in discussions about wellbeing. 
  • Move beyond ‘Western’ approaches to understanding wellbeing. Recognise, document and share other social and cultural forms of conceptualizing and strengthening wellbeing. 
  • Approach wellbeing not as the sole responsibility of individual defenders but as a collective responsibility. 
  • Review how individuals, groups, communities and stakeholders strengthen individual and collective strategies for wellbeing. These include mainstreaming practices of self-care and care for others; embedding wellbeing practices in collectives; and understanding the effect of funding practices on sustainable activism.
  •  Devote financial resources to wellbeing practices that are culturally relevant and contextually appropriate. These may include provision for healthcare, counselling, insurance, and pensions. 
  • Recognise that for some defenders – such as LGBTIQ* and women defenders – spaces of work are crucial spaces for wellbeing. It is therefore important to understand how spaces of work need to be reshaped so that they do not replicate oppression, discrimination and violence, and how participation, acceptance and inclusivity can be strengthened in human rights communities.
HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.

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Wednesday, April 19, 2017

Creating space for wellbeing 8/9


The defenders in this study welcomed more emphasis on self-care, managing emotions, and discussions about wellbeing. They valued discussions about how to develop networks and how to build collective strategies for protection. In security training sessions, they valued sharing their experiences of risk and their self-protection measures with other defenders; they also valued hearing the experiences of others. 
They noted the importance of creating spaces for selfreflection on the amount of risk involved in their work and their level of commitment to the cause.

A human rights defender has to love life. To help others, s/he cannot fall into the trap of scepticism or defeatism. We have to overcome our internal and external limits, and that is only possible if we take care of ourselves. We have to transmit optimism and transformative messages; we can’t be with the victims in order to sow further misery. In general, human rights defenders have an enormous capacity to enjoy each moment in life. Human rights lawyer, Colombia



HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Monday, April 17, 2017

Wellbeing through human rights practice 7/9

Human rights work connects defenders in meaningful ways, allowing them to experience what they feel is fundamental to their wellbeing. For some, living positively and continuing with their work in spite of threats was in itself an act of resistance.

 For such defenders, it is not a question of choosing between human rights practice and wellbeing – rather human rights practice is done to maintain wellbeing. …

the combat against repression was a healing process… the claim that “Yes, it was the state” was our way of healing the wound; it is an emotional need and also a statement to make us stronger, make ourselves feel less vulnerable, less alone. Our uprising is against loneliness; it is a trust network; it is love politics; subversive love… Woman, student and feminist defender, Mexico


HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Saturday, April 15, 2017

Identity, wellbeing, and access to resources 6/9


There is a link between the identity of defenders, the risks they face, and the resources and support they are able to access for their wellbeing. LGBTIQ* defenders, for example, have narrower access to support mechanisms. Seeking support outside of their own circles often requires them to ‘come out’ and to expose the work they do. This is similar for women defenders working on sensitive issues. As such, their spaces of work remain one of the few spaces for strengthening wellbeing.

[After the attack] I decided to go home to where my parents are; it was bad, a lot of stigma and discrimination from my family. They called me despicable. “You have dropped our name to mud, we are ashamed of you, you have dropped our name to mud, you have no shame, God will see you through hell.” It was so hard I wanted to commit suicide. I could not proceed with my work at that time. There was a state of panic and risk for all the LGBTIs [in my area]. I stayed underground until things were safe. Transwoman defender working on LGBTIQ* rights in Kenya


HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Thursday, April 13, 2017

The financial aspects of wellbeing 5/9


Many defenders discussed the financial insecurities of their work. They spoke about short-term funding, low wages, the lack of benefits, and expectations that human rights work should be conducted without pay. Some defenders in our study lost income because of the risks and threats they faced. Most had to raise money or spend their savings on personal security – such as bail, medical treatment, security equipment, and relocation. Financial insecurities were particularly challenging for defenders already struggling socio-economically.

A woman defender working on reproductive rights and maternal health in Kenya said:
We don’t have a kitty or organisations that care for our health and families. No one is concerned about how you feed or pay rent and no organisations are ready to give you employment because you don’t have papers or certificates… It’s a challenge to human rights defenders, especially when sick and hospitalised, we have so many human rights defenders going through these – finance is the biggest issue



HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Tuesday, April 11, 2017

The reliance on private rather than collective coping strategies 4/9


The reliance on private rather than collective coping strategies Defenders in our study tended to rely on private coping strategies rather than on organisational support for their wellbeing. They shared how they gained strength from their spirituality, from being with their family and friends, and from engaging in hobbies. However, they also sometimes felt lost and alone in their struggles.

We also do not get support from our colleagues when we face problems. They make the problem as a ‘simple matter’. For example, when my friend received a letter from the police that he was to be interrogated, other friends made it as a joke, such as, “be relaxed, we will accompany you. We will bring you food everyday if you are arrested.” We laugh together. Based on my experience, I believe, they also felt worried. It seems as if we do not received moral support.

 Anti-corruption defender, Indonesia

Relatively few human rights NGOs embed wellbeing practices into their work, such as through providing supervision for case work; providing counselling; holding retreats; emphasizing work-life balance; and providing insurance and pensions.


HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Sunday, April 9, 2017

Culturally mediated understandings of wellbeing 3/9

Amongst defenders we found different reactions to questions about ‘mental and emotional wellbeing’ in our study. Some defenders interpreted this as a ‘Western’ concept, leading to ‘Western’ interventions that were inappropriate for them.

 As a leader of an indigenous community in Colombia said: We don’t really use the ‘psychosocial’ concept. We believe that the work we do as indigenous people is better for us. We are all in our right minds; we all have our five senses; we are not crazy. Just because there are armed groups present, it doesn’t mean we are in a bad way. However… there were 18-20 suicides in the last four years… We have tried ‘Western’ psychology, but it didn’t improve matters. The indigenous medics have blessed us and offered advice. This has been better for us.


Defenders in our study noted that it was sometimes difficult to hold discussions about wellbeing with fellow defenders because it was perceived to be linked with ‘madness’ or needing to see a psychiatrist. Those who recognized the value of counselling and treatment noted difficulties with accessing these forms of support as well as the stigma associated with these. Others felt that locally relevant cultural and religious forms of support were more effective for them.



HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Friday, April 7, 2017

Expectations about risk and sacrifice in human rights work 2/9



In human rights circles, there are strong social and cultural norms about self-sacrifice, heroism, and martyrdom. Especially in hostile conditions, risks are deemed as inherent in human rights practice. Defenders are expected to make personal sacrifices and to struggle; they are expected to face and manage risks or leave the work.

Machismo culture and the pressure that defenders feel about needing to be (and to appear) ‘brave’, inhibit conversations about wellbeing. In some cases, defenders are concerned that talking about the threats and attacks they have experienced and about the anxieties that they they feel may perpetuate fear and discourage others from joining the human rights movement.



HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.
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Wednesday, April 5, 2017

Wellbeing, Risk, and Human Rights Practice 1/9

Human rights defenders at risk often find it difficult to talk about their mental and emotional wellbeing, even when they are concerned about it. Cultures of human rights practice tend to emphasise self-sacrifice, heroism, and martyrdom. These norms inhibit defenders from expressing their anxieties and seeking help. How can we engage in discussions about wellbeing in human rights practice? How can we strengthen personal and collective strategies for wellbeing amongst defenders at risk?

86 percent of human rights defenders at risk in our study expressed that they were ‘somewhat concerned’ or ‘very concerned’ about their mental and emotional wellbeing. They were as concerned about this as they were about their physical security and digital security. In this brief, we highlight the recurrent themes on wellbeing that emerged through our interviews and surveys with defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia.


The important but insufficient focus on wellbeing


Although defenders at risk are concerned about their mental and emotional wellbeing, this is not discussed much in human rights communities. Even amongst defenders themselves, it is often given only secondary attention.
As a transman defender in Indonesia observed: Human rights defenders sometimes do not have concern for [their wellbeing], because they are busy assisting victims.

Therefore, they sometimes forget to think about their own welfare. Sometimes, they also work too hard and do not have any rest or vacation, and so they are neglecting their mental and emotional wellbeing. Defenders also tend to prioritise the necessity and importance of their work before thinking about their personal wellbeing. Their strong commitment to achieving human rights’ goals propel them forward in spite of the challenges in their work.


A woman defender working on the rights of LGBTIQ* persons in Colombia observed: This is a tough business. You are always stigmatised. We have to protect ourselves vis-à-vis our orientation. It’s a question of trying to survive. But you have to get on with things, to come out on top, to fall a thousand times and get up each time.

When they do think about the topic of wellbeing, defenders often focus on the wellbeing of victims of human rights violations and abuses, rather than their own wellbeing.
Defenders sometimes feel guilty when thinking about their own wellbeing; it feels self-indulgent. A woman defender working on campesino rights in Colombia expressed: This is the last measure people take. We start by thinking about our children, our families, our communities; the last person we think about is ourselves. 

It is because of the ‘love for our art’; we are not looking to be protagonists or to serve our own interests. Nevertheless, the psychological consequences of their work can be tremendous.
Defenders in our study spoke about the challenges of living with pervasive fear and anxiety; of their inability to sleep; of their feelings of powerlessness in the face of oppression; of feeling ‘numb’ or emotionless; of being in constant ‘fight mode’; and of their fatigue, despair, isolation, and stigmatisation.

I compare our work to that of Sisyphus: extreme mental and physical strain with no apparent outcomes… [We are] working under the constant threat of being arrested at any moment, and some of us are being personally attacked on the media outlets. What makes it even more difficult is our knowledge that if we go to trial, the trial will more than likely be unjust and biased and it will lack transparency and professionalism. Human rights lawyer, Egypt



HUMAN RIGHTS DEFENDER HUB POLICY BRIEF 1 | JANUARY 2017-University of York 
 This Policy Brief is based on research findings from the project ‘Navigating Risk, Managing Security, and Receiving Support’ which examines the experiences of human rights defenders at risk in Colombia, Mexico, Egypt, Kenya, and Indonesia. Interviews and surveys were conducted with over 400 defenders between July 2015 and November 2016.

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Monday, April 3, 2017

Responsible Land Governance in Urban Areas


Land governance concerns the rules, processes and structures through which decisions are made about the use, access to and control over land, the manner in which the decisions are implemented and enforced, and the way that competing interests in land are managed. It encompasses statutory, customary and religious institutions. It includes state structures such as land agencies, courts and ministries responsible for land, as well as non-statutory actors such as traditional bodies and informal agents. It covers both the legal and policy framework for land as well as traditional and informal practices that enjoy social legitimacy [16].

In most countries, there is a lack of reliable land information, especially around land use planning, zoning and administration, which negatively affects urban planning and design, infrastructure and socio-economic development. Effective land management and administration initiatives are frequently hampered by complex and vague legal frameworks, corrupt institutions, and inadequate human and financial resource capacity. Power imbalances in urban and peri-urban areas are prevalent. Urban and peri-urban areas host poor populations, often without any formal education or knowledge about their rights. They must negotiate for better land and property rights with the more educated and informed individuals in society. Sometimes these individuals misuse their positions of power for their own private individual benefit. In such an environment, it is difficult for the vulnerable and marginalized to realize and defend their rights [17].

Improving land governance is an urgent issue because pressures on competing interests for land is intensifying due to rapid urbanization, growing population, economic development, food insecurity, water and energy shortage, and the effects of conflicts and disasters. Effective land value sharing has the potential for generating wealth for the cities but needs to be balanced with equitable policies and approaches that will benefit all, especially the poor and vulnerable.

When properly functioning, fit-for-purpose land administration systems can support tenure security, urban planning, service delivery, agricultural development, environmental management, and effective land management.

Well-planned, land-based financing policies can incentivize compact and connected development, keep rents down by minimizing speculation, and encourage an adequate supply of built space. Effective city planning and the development of sustainable buildings and services can prevent the growth of informal settlements and sprawl, and thus ensure that land, nature resources, human health and well-being, and the environment are protected [18].

 https://landportal.info/book/thematic/urban-tenure
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Saturday, April 1, 2017

Disaster Resilience


Every second, one person is displaced by  disaster. This amounts to three to ten times more displaced people than that which is caused by conflict and war worldwide [14]. Meanwhile, many families are not willing to leave their homes even when a disaster is imminent, fearing their insecure land and property rights may prevent them from later reclaiming their land.

A key factor that influences the magnitude of a disaster is the “exposure” of populations to the threats of the natural event. For instance, floods and severe storms in coastal areas can cause landslides and other disasters. If large populations are settled in these areas, then there is a probability of many casualties [15].

In urban settings around the world, there is high demand but limited availability of land in safe areas. This may result in more disadvantaged and lower-income populations settling in high risk areas or illegally occupying land to build their homes. These may be places where local governments are not willing to provide basic services such as drinking water, sanitation, or electricity. Add to this the lack of secure land tenure, which deters households from investing in upgrades and maintenance. The totality of these circumstances dramatically inhibits the resiliency of these communities.

Furthermore, when a disaster strikes, people living in illegal settlements often do not receive government support, or even support from some aid organizations. Secure land tenure often becomes a criteria for selecting beneficiaries of aid, even when this criteria may be unfair or against humanitarian principles.

A city that is inclusive for all households must ensure access to safe land for current inhabitants and for those who will arrive in the near future. It requires land management and urban planning that seriously takes into consideration environmental issues, hazard mapping, livelihoods and gender issues.

In areas that are prone to a moderate risk of disaster, there may be adequate technical solutions for mitigating this risk, such as the development of infrastructure, sea walls, river embankments, or resistant, elevated, anti-seismic buildings.

These solutions necessitate “real” sustainable development: sustainable development that considers human rights and  socioeconomic and environmental impacts. Sustainable and inclusive cities can ensure better access to land, public services and infrastructure. A primary goal sustainable development is to assist households and communities to be more resilient to natural disasters.

Security of tenure and sound land management and information systems are key to reconstruction, essential elements of resilient settlements.

https://landportal.info/book/thematic/urban-tenure
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