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.
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