Freedom of movement Granting travel visas to human rights defenders to pursue their activities throughout the OSCE region OSCE participating States are committed to facilitating visits by NGOs from within any of the participating States to observe how OSCE commitments are being implemented.144 Defenders within the OSCE region and beyond require free movement to work on issues not only in their own countries. They need to attend events and activities elsewhere to raise awareness for issues, provide insights and expertise, and increase their international network and visibility. It is through such exchanges of views, ideas, and expertise that they learn about new issues, and can create common cause with other actors. This means defenders must be allowed to travel as freely as possible, both within their own countries and abroad. A number of participating States indicated they had policies to make it easier for those who wish to attend human rights conferences to receive a temporary visa.145 According to the Norwegian Centre for Human Rights, if the purpose of a trip is to attend a conference to promote human rights, there is a good chance that a visa will be granted. The same is true in Switzerland.146 Granting emergency visas to human rights defenders in trouble Because of the nature of their activities, human rights defenders can be the target of threats or attacks. They can be persecuted for promoting certain human rights or for the violations they expose. In some cases, they may not receive sufficient protection against parties seeking to silence them. In cases of real danger, it is especially important that they be allowed to enter other states that can offer them refuge and protection. Some countries, such as Portugal and Spain, grant emergency visas to defenders in such situations.147 This topic is currently under discussion in the EU context, where granting such visas to defenders may be included in a new common code on visas, and it is being explored by the consular departments of a number of EU member states.148 Similarly, the Declaration of the Council of Europe’ s Committee of Ministers on action to improve the protection of human rights defenders and promote their activities calls on member states to “ provide measures for swift assistance and protection to human rights defenders in danger in third countries, such as, where appropriate, attendance at and observation of trials and/or, if feasible, the issuing of emergency visas” .149 144 Moscow 1991, op. cit., note 127, paras. 43.2-43.3: “ [The participating States will] endeavour to facilitate visits to their countries by NGOs from within any of the participating States in order to observe human dimension conditions” ; 43.3 – welcome NGO activities, including, inter alia, observing compliance with CSCE commitments in the field of the human dimension” . 145 Austria’ s response to ODIHR’ s questionnaire, 2 June 2008; information provided by the Norwegian Centre for Human Rights, 16 May 2008; Germany’ s response to ODIHR’ s questionnaire, 30 May 2008. 146 Switzerland’ s response to ODIHR’ s questionnaire, 23 May 2008. 147 According to Portugal’ s response to ODIHR’ s questionnaire, under Act 23/2007, of 4 July 2007, special visas may be granted to individuals who are not eligible to obtain regular visas, for “ humanitarian reasons” (Art. 68). Residence permits can also be granted for such reasons (Art. 123 (1) (b)); the government of Spain also provided information, 29 October 2008. 148 Information provided by the Slovenian presidency of the EU, 4 June 2008. 149 “ The Situation of Human Rights Defenders in Council of Europe Member States” , Council of Europe, op. cit., note 13. 33

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents