URU, Alm.del - 2008-09 - Bilag 210: Udkast til strategi for demokrati og menneskerettigheder i udviklingssamarbejdet samt høringssvar

Contents1. Key messages..................................................................................... 22. Preface .............................................................................................. 33. Introduction........................................................................................ 54. Vision and values ................................................................................ 75. Key challenges and guiding principles ...................................................106. Strategic priorities for Danish support ...................................................156.1 Thematic areas and strategic priorities ...........................................156.2 Deepening democracy ..................................................................166.2.1 Promoting democratic political processes ...................................176.2.2 Strengthening participation and voice........................................196.3 Realising human rights .................................................................216.3.1. Building societies based on justice and the rule of law ................226.3.2. Strengthening national human rights oversight..........................246.3.3. Empowerment and enabling access to justice for the poor andmarginalised...................................................................................267. Making better use of global partners .....................................................298. Danish capacity for support for human rights and democracy...................339. Monitoring .........................................................................................3410. References.......................................................................................35

1. Key messagesDenmark will:----Promote human rights as a universal value system that provides a shared normativeframework for dialogue and cooperation.Assert that human rights are central objectives of development and instrumental forsustainable development, poverty reduction, peace and security.Maintain the promotion of democracy and respect for human rights as key priorities inDanish development cooperation.Strengthen efforts to support democratic societies based on justice and the rule of law,by:oSupporting the development of pluralist political systems, including support fordemocratic political parties.oIncreasing its focus on parliamentary development.oIncreasing its focus on national human rights institutions.oSupporting the development of informal systems of justice that respect humanrights - or that are willing and able to change norms and practices that infringeon human rights.------Address the particular challenges of fragile states and fragile situations.Maintain a strong commitment to mainstream human rights and democracy in alldevelopment cooperation.Increase the synergies between bilateral programming in partner countries, politicaldialogue and engagement in multilateral forums.Increase cooperation with regional human rights bodies.Increase cooperation with the EU and international financial institutions in support ofhuman rights and democratisation.Promote and apply the principles of the Paris Declaration on Aid Effectiveness and theAccra Agenda for Action with a view to strengthening human rights and democraticprocesses in partner countries.

2. PrefaceDenmark pursues a targeted, consistent and principled human rights policy on a broad front.The Danish strategy for the Government’s approach to international human rights work from2009:Presents a value-based point of departure for tackling the challenges that Denmark and like-minded countries face in promoting and protecting human rights; andIdentifies issues where Denmark will make a special effort in the years ahead.Efforts to promote democracy and human rights are always undertaken after carefulconsideration of which actions might best make a difference - including in countries facing thedeterioration of human rights. With this in mind, one of the issues on which Denmark willfocus over the coming years is building strong societies based on the rule of law.The purpose of the current strategy is to implement this aspect of Denmark’s overall humanrights strategy with a particular focus on the promotion of democracy, justice and the rule oflaw in developing countries:To consolidate Denmark’s current development policy approach;To institute a value-based approach; andTo enhance the effect and quality of Danish development cooperation in pursuit ofdemocratisation and human rights.The strategy complements the Ministry of Foreign Affairs’publication on Denmark’s strategic priorities for support foreffective and accountable public sector management indeveloping countries. It sets out:–The overallvision and valuesthat permeateDenmark’s development cooperation throughout thefield of human rights and democratisation.–A set ofstrategic prioritiesandguiding principlesfor the implementation of Danish developmentcooperation in this field.The strategy will be further operationalised by a series of‘how-to-notes’ on selected issues.The priorities and principles set out in the strategy will focusand strengthen Danishdevelopment cooperationin:Further ReadingThe Danish Governmentlaunched an overall strategy forits international human rightswork in 2009. The first paperon strategic priorities for goodgovernance support indeveloping countries waslaunched in 2007 - ‘Effectiveand Accountable Public-SectorManagement – StrategicPriorities for Danish Supportfor Good Governance’.These papers, and otherdocuments related todemocracy and human rights,are included in the list ofdocuments inChapter 10 –

3. IntroductionThe purpose of this strategy is to institute a value-based approach to development policy ondemocracy and human rights, which at the same time embraces on-going Danish support andpoints to new focus areas for the future.Human rights are a universal value system. Because they are closely linked to democracy, theDanish Government believes that human rights are best assured by democratic societies basedon justice and the rule of law. Such societies provide the best opportunities for people, forreducing poverty, and for promoting sustainable human development, peace and security. Thepromotion of democracy and human rights therefore benefits not only the individual, but alsothe entire community - locally and at the global level.A key task for the Danish Government is to support the promotion of democracy and respectfor human rights for all people, with the support of the United Nations and through the jointefforts of the international community. The task is not easy, as developments in various regionshave shown. Authoritarianism and disrespect for human rights are still part of everyday life formillions of people. Even in formal democracies, deficiencies in democratic procedures and thecreation of a genuine democratic culture remain challenges. Recognising the extent of thechallenge, the Danish Government will continue to promote human rights rigorously, andadvocate for participatory and liberal democracy in its multilateral cooperation and its directcooperation with partners worldwide.Democracies are also better at promoting and overseeing human development. Although thepromotion of democracy and respect for human rights are not prerequisites for economicgrowth, they are central to sustained economic growth and ensuring and maintaining high levelsof human development. In fact, undemocratic practices can hinder poverty reduction andhuman development.Promoting democracy and protecting human rights is also essential for reducing inequality andimproving income distribution and education for all members of society. It also encourages theestablishment of institutions, legal guarantees and protections for the full exercise of humanrights. This in turn creates a stable and secure environment and greater opportunities forindividuals to flourish.The promotion of gender equality is of particular relevance. For women living in poverty, themost important challenges are ensuring their equal rights, equal access to influence and services,freedom to make decisions about their own lives, a greater say in public affairs, and equality inproperty rights and family law.The Danish Government is committed to contributing to thedeepening of democracyandtherealisation of human rightsin developing countries for the benefit of poor, women andother marginalised people. In fact, democratisation and the realisation of human rights havebeen priority areas of Danish development cooperation for two decades. This commitmentremains strong and to this end, the Danish Government will:5

oSupport human rights and democratisation as objectives in their own right, and as ameans of reducing poverty and promoting peace and security.oApply a comprehensive and long-term approach to support.oAddress the political character of the issues involved.oPromote a dynamic interaction between the state and civil society.oAddress the particular challenges of fragile states and fragile situations.New areas of support will include:oSupport for the development of pluralist political systems, including support fordemocratic political parties.oAn increased focus on parliamentary development.oAn increased focus on national human rights institutions.oSupport for the development of informal systems of justice that respect human rights,or which are willing and able to change norms and practices that infringe on humanrights.Denmark is actively engaged in multilateral cooperation on human rights and democratisation,particularly with the United Nations (UN), and will strive to increase the synergies betweenbilateral programmes, political dialogue and multilateral frameworks. In this regard, the DanishGovernment will:oEncourage partner countries to ratify human rights conventions, join individualcomplaint mechanisms, and monitor human rights breaches.oUse human rights conventions that have been ratified by governments in partnercountries when designing and implementing Danish support for human rights anddemocratisation.oUse decisions and recommendations of the international community related to humanrights and democratisation in bilateral development cooperation.oUse the human rights indicators produced by UN treaty bodies during political dialoguewith governments in partner countries and when monitoring programmes.oIncrease cooperation with regional human rights bodies in bilateral developmentcooperation.Respect for human rights can be achieved in the short term through providing assistance inindividual human rights cases, supporting human rights defenders and so on. However,promoting democracy and human rights usually requires a comprehensive, long-termperspective adapted to the political context and culture in each country. Although progress isand will be uneven, and although flexibility is required to adapt and respond to changingcircumstances, challenges and new opportunities, the Danish Government is determined tomake the most of these opportunities and meet any new challenges that may arise.

Human rights are important tools for addressingcontemporary development problems - includinginequality, discrimination and exclusion. Respect forhuman rights is a prerequisite for ensuring thatpeople are protected from abuse and deprivation. Infact,international instrumentsbind state parties torespect, protect and fulfil human rights. Most alsorequire individuals to respect the rights of others, andsome create duties on individuals related to theircommunities.Human rights and democracy are closely linked - asillustrated by Article 21 of the Universal Declarationof Human Rights, which states ‘the will of the peopleshall be the basis of the authority of government’.

The UN General Assembly confirmed this approach at the 2005 World Summit - whichrecognised that the full enjoyment of human rights is essential for development, peace andsecurity. World leaders at the Summit also agreed that the best way of assuring human rights isthrough democratic and participatory governance based on the will of the people. Despite thisrecognition, the task remains to ensure that everyman, woman and child is able to live in freedomKey conceptsand with respect for their rights and dignityRule of law.The ‘rule of law’ means that allregardless of where they live.Denmark regards thereduction of poverty andthe promotion of economic growthas afundamental development goal. Denmark’s effortsin this field aim to enhance human developmentand foster human rights in developing countries. Inaddition, human rights and democracy areidentified as cross-cutting considerations which aremainstreamed in all development assistanceprogramming – for example, by includingeconomic, social and cultural rights in sectors suchas health and education.This strategy focuses on promoting democracy,justice and therule of lawin developing countries.A well-functioning, independent legal system is acrucial requirement for economic growth - and thusfor poverty reduction too. Yet the capacity of thelegal system in many developing countries is limitedand large population groups often have no accessto legal protection because of economic, social,language and geographical barriers. This has aprofoundly negative impact on the consolidation ofdemocracies and the implementation of rights inmany countries.Building democratic societies based on justice andthe rule of law is also critical in ensuring humanrights are respected, since they provide the bestopportunities for promoting sustainable humandevelopment, peace and security.people, organisations, institutions and thestate itself are accountable under laws thatare publicly promulgated; equally enforced;independently adjudicated; and consistentwith international human rights law.

Equality and non-discriminationare key‘building blocks’ for democracy. They ensurethat everyone is able to participate equally insociety – including groups that are oftenmarginalised (such as women, indigenouspeoples and the poor).Accountabilityis meant to exist betweenthe state and its people. Accountability iswhere governments respond to the needsand respects the rights of the people whenexercising their power; where all people haveavoicein decision-making; and where thepeople are able to hold government toaccount for its decisions and actions.Legitimacy.Governments get theirlegitimacy firstly by being democraticallyelected - but also from their ability toprovide security and respect for the rule oflaw; by ensuring equal access to justice; andby supplying basic public services (like healthcare and education).Transparencyis about the free flow ofinformation between people and the state toensure that well-informed decisions aremade about how to respond to people’sneeds. Equally important, government isexpected to ensure that individuals, civilsociety and other non-state actors haveaccess to information they need to takedecisions for themselves - and to hold thegovernment to account.

equal participation of all people and their active use of their rights (with respect for the rights ofothers) help to strengthen democracy by ensuring theaccountabilityandlegitimacyof thestate.Just as importantly, democracy requires states to betransparentin their actions and indecision-making to ensure the free flow of information and support the right to freedom ofopinion and expression.Democratic principles and human rights are also vital togood governance- they provide aframework of rules and principles that govern the relationships between the state andindividuals, and between individual members of society. This interdependence between goodgovernance, democracy and human rights is highlighted by the definition of ‘good governance’adopted by Denmark and based on the Cotonou Agreement between the EU and the African,Caribbean and Pacific States (June 2000):‘Good governance is the transparent and accountablemanagement of human, natural and economic andfinancial resources for the purposes of equitable andsustainable development, in the context of a political andinstitutional environment that upholds human rights,democratic principles and the rule of law.’NoteThis definition also forms thebasis for the Danish Strategy inSupport of Effective andAccountable Public SectorManagement in developingcountries.

5. Key challenges and guiding principlesOverall guiding principles, vision, values and key challengesDenmark will:Promote democracy, human rights, justice and the rule of law as fundamental values and principles forhow societies should function.Support democratisation and human rights as objectives in their own right, and as means of reducingpoverty and promoting equality, non-discrimination and sustainable development.Apply a comprehensive and long-term perspective to deepening democracy and realising human rights.Promote dynamic interaction between the state, civil society and other non-state actors.Promote and apply the ‘principles of aid effectiveness’ in the Paris Declaration and the Accra Agendafor Action with a view to strengthening democracy and human rights.

The need for political commitmentDemocratic societies require constant political commitment from those in power to promoteand respect human rights and deepening democracy. This requires participants in politicalprocesses to commit themselves to be bound by the rules that regulate democratic societies –the ‘rules of the game’. Governments must be prepared to accept the will of the people, even ifit means political defeat, and to accommodate divergent views and needs in society.Working in fragile states and situationsHuman rights violations, poor governance and lack of democracy are common infragile statesand fragile situations.At the same time, human rights violations and poor governance(including corruption and a lack of democracy) contribute to state fragility and instability andtherefore become an obstacle to development, peace and security. The degree of promotion of,and respect for, human rights and democratic principles are therefore key indicators of progressor deterioration in fragile states and regional destabilisation. In situations of fragility, womenand girls are often particularly affected by violations of human rights, discrimination andexclusion.Efforts to improve democracy and respect for human rights may in some situations contributeto instability. For example, the redistribution of power, new awareness and increasedexpectations stemming from democratisation and the realisation of human rights often leads toresistance from those who stand to lose resources or influence. This in turn creates resistanceand tensions in society.Because of this, the promotion of democracy and human rights in fragile states requires:The willingness to take and manage risks; andFlexibility in planning and implementation to respond to developments and take advantageof possible windows of opportunity.10

Depending on their roles and mandates, these organisations and institutions are able to:–Demand accountability from the state on behalf of the people.–Advocate for the rights and needs of poor people to be respected, thus giving them a voice.–Empower poor people to make their own demands.Strong, independent and diverse civil society organisations (CSOs) and NSAs also contribute tocreating dynamic social cohesion. In countries where states show little interest in deepeningdemocracy and realising human rights, civil society is often the key partner in strengtheningreform-oriented forces and promoting a bottom-up approach to change.The ability of CSOs to cooperate and form networks and coalitions (thus creating a genuinehuman rights movement) is often a key factor in carrying out successful advocacy for reforms.However, this requires a legislative and administrative environment that allows and enablesfreedom of association.11

Support for civil society in developing countries has other challenges too. For example:Some CSOs and NSAs have been linked to human rights violations.Not all CSOs have a membership base, and their legitimacy and accountability should alsonot be taken for granted.Limited capacity of role playersCapacity is required to perform the functions of an accountable and legitimate state – butcapacity is often limited in developing countries. For people to be able to claim their rights andmake demands:–Civil society must be able to support poor people to acquire a voice in decision-making.–The judiciary must uphold (and be able to uphold) justice and the rule of law.–Political parties and parliaments must exercise (and be able to exercise) their role as formalrepresentatives of the people, and provide (and be able to provide) checks and balances ongovernment power.Opposition and resistance to changeHuman rights and democracy are sensitive issues that go to the heart of power relations andpolitics. They are simultaneously under pressure and in demand. Strengthened democracy andincreased realisation of human rights can limit power structures and lead to loss of influenceand resources for powerful individuals and groups in society. This in turn can lead toopposition and resistance to change. It is crucial to understand these forces and to acknowledgethe political character of the issues involved while still maintaining a clear vision of theimportance of democracy and human rights.Human rights are not realised overnight, and democratic societies are not built by the mereadherence to basic principles. Both are continuous processes:–Democracy must be constantly deepened and adapted to meet challenges in society, andcannot be confined to a single model.–Human rights must be continuously respected and promoted according to internationaland national obligations.Denmark recognises that these processes must be people-driven and rooted in the local society.This is a lengthy process and in recognition of this, Denmark will apply acomprehensive andlong-term perspective,acknowledging that progress might be uneven and that backlashes mayoccur.The deepening of democracy and the realisation of human rights must also be pursued within-depth knowledge and understanding of the overall governance situation,and how this isshaped by the general development of each country and domestic, regional and internationalinfluences. These factors must be taken into account throughout the design andimplementation of Danish development assistance to ensure that the most adequate means areconstantly applied.12

Aid effectivenessThe 2005Paris Declaration on Aid Effectivenesscommits donors and developmentpartners to increasing their efforts to harmonise, align and manage aid for results, with a set ofmonitorable actions and indicators. In keeping with the Paris Declaration, such efforts shouldbe based on national strategies and priorities and undertaken in close cooperation with partnercountries. This approach requires that local actors be given a certain degree of discretion whendeciding on relevant initiatives in their countries.The 2008Accra Agenda for Action(AAA) aims to accelerate and deepen the implementationof the Paris Declaration. The AAA contains a strong political commitment that:“Developing countries and donors will ensure that their respective development policies andprogrammes are designed and implemented in ways consistent with agreed internationalcommitments on human rights, gender equality, disability and environmental sustainability.”(AAA, 13 (c)).The Danish Government supports the emphasis on democratic ownership reflected in theAAA. It recognises that implementing the principles and commitments of the Paris Declarationand the AAA will advance human rights and democratisation by improving the effectiveness ofdevelopment cooperation in these areas. At the same time, applying human rights anddemocratic principles to development will advance the implementation of the Paris Declarationand the AAA by building on experiences and approaches from these fields - further anchoringthe development process with the very people it aims to support, especially with regard toownership and mutual accountability.For example, donor and developing countries can support broad-based, national ownership ofthe development agenda; improve inclusive participation in decision-making; and broaden anddeepen ownership of development processes by:Including parliaments in support to be provided; andEnsuring that adequate funds are allocated to capacity development for civil society(especially those organisations representing minorities and marginalised and vulnerablegroups).These principles of aid effectiveness will therefore continue to govern Denmark’s support fordemocratisation and human rights.Mutual accountability using the existing human rights frameworkSince the human rights framework (standards and institutions) is essentially a globalaccountability framework, donors and developing countries can use it to help develop conceptsand practices of mutual accountability. It provides an opportunity for framing the concept ofaccountability based on mutually agreed standards and within a pre-existing and internationallyrecognised normative framework. Furthermore, human rights accountability processesdemonstrate that public accountability can be most effectively achieved by engaging a broadrange of stakeholders.13

Focusing on the strategic priorities in this paper does not rule outDanish financial support to other areas of democratisation and humanrights. Such financing will continue to take place on the basis ofcountry-specific needs, programme design, and funding modalities(amongst other criteria). Joint donor funding of broader programmes isalso correctly increasing in partner countries and Denmark iscommitted to engaging in joint approaches supporting democratisationand human rights. It will take advantage of the opportunities presented and meet the challengesrelated to such engagements. Likewise, Denmark will continue to support international effortsundertaken by various international organisations working with human rights anddemocratisation issues of special interest.The strategic priorities outlined in the current strategy are complementedby Danish papers on support to:- Effective and accountable public sector management;- Gender equality;- Indigenous peoples’ rights;- Children and youth; and- Civil society.Further ReadingA full list of thesepublicationsappears inChapter10 - References.

Denmark’s experience in these areas, combined with recent international development analysesand lessons learnt provides a good vantage point for future Danish engagement in deepeningdemocracy.Denmark’s support to deepening of democracy will focus on:–The promotion of democratic political processes by institutions and political parties; and–The promotion of popular participation and ensuring a voice for poor and marginalisedgroups.Denmark will engage in continuous political dialogue with partner countries and otherdevelopment partners on the fundamental values, norms and priorities that guide politicalpractice, and how these affect people’s participation and voice. To ensure sustainability, Danishsupport will be linked to wider efforts to deepen democracy rather than evolving in isolation.

Variousprocessesandinstitutionsmake up the political practice in any country. Theseprocesses and institutions include parliamentary work, political parties, electoral processes, civilsociety, the media, local governance, independent mechanisms of accountability, and genderequality.Denmark will strengthen processes and institutions that enforce political practices based onnon-discrimination, accountability, legitimacy and transparency within a framework of respectfor human rights, justice and the rule of law.Experiences and challengesFrom a donor perspective, democratisation was for many years seen as a matter of supportingthe establishment of formal institutions (such as election commissions to run free and fairelections), parliament and a free media. This view was based on an understanding ofdemocratisation as a linear course of development with occasional minor setbacks.It is now recognised that democratisation is aboutprocesses of political change.Democratisation affects how power is distributed, used, contested and controlled. Because it isusually based on compromises between different elites and socio-economic interests in society,some individuals and groups will therefore resist changes to the rules of the game.Apart from establishing formal institutions, democratisation requires the development ofpolitical practices by institutions that allow for accountability mechanisms and participation indecision-making by all segments of society. To ensure non-discrimination, accountability,legitimacy and transparency, the development of a democratic political practice must addressvarious levels and actors as well as their linkages with each other.There is a growing recognition of the vital role of support for parliaments and political partiesin democratisation and the adverse effects of shying away from engaging with them. Not onlydo these connect people with their government, they also:17

Provide a forum for representing and expressing the will of the people through a formalisedaccountability mechanism; andProvide avenues for promoting political change.It is now widely recognised that all democratisation efforts should complement and reinforceeach other and that promoting democracy ispolitical in nature.The transition to democracytypically reflects compromises and changing power relations between various socio-economicgroups and cannot be reduced to technical inputs.New avenues must therefore be found to ensure effective support to developing pluralistpolitical systems in partner countries. Lessons learned point to the need:For a realistic vision of the roles, potential and needs of parliaments and political parties.For support and cooperation to be demand-driven and to focus on drivers of change.For a strategic focus on the chains of accountability between different domesticaccountability institutions.To address the political character of the process, including political demands, powerstructures and political behaviour.Support for strengthening the capacity ofpolitical partiesmust be based on a non-exclusiveapproach and clear criteria, including respect for human rights. It must also promote dialogueand cooperation between political parties.Possible entry points for engagement include:---Promoting cooperation and dialogue between political parties and a democratic politicalculture focusing on women and youth in particular.Strengthening the role of parliaments and parliamentary involvement in key decision-making processes regarding national policies and budgets.Improved engagement with voters, media relations and good governance to increase thepublic legitimacy and accountability of parliaments and political parties, and to combatcorruption.

Local governancealso has a major impact on democratisation. Local governance concernsnot only technical matters but also changes in decision-making processes and the control overresources at the national and local level. Efforts regarding localNotegovernance and democratisation must be closely coordinated tobe mutually supportive. Experience shows too that localFor more on Denmark’s focusgovernance based on popular participation and accountabilityon local governance, see themay provide more voice to women and marginalised groups andStrategy in Support of Effectivepromote democratisation from the bottom up. It thus becomesand Accountable Public SectorManagement.an important vehicle for political change, local ownership andoverall democratisation.

6.2.2 Strengthening participation and voiceGuiding principles – strengthening participation and voiceDenmark will:Promote formal and informal processes and institutions that:oSupport the participation of poor and marginalised groups in formulating and voicing theirdemands; andoEmpower them to engage in democracy and take decisions regarding their own lives.Support free and fair elections in pursuit of long-term democratisation.Support a free and diverse media (and independent self-regulatory bodies) as a watchdog and platformfor democratic debate with a view to:oBuilding inter-communal understanding; andoForming democratic processes.Promote the equal participation and voice of women and men in all aspects of democracy.Support and stimulate cultural diversity and freedom of cultural expression.

Theparticipation and voiceof all people in society, including the poor and marginalisedgroups, lies at the heart of democratisation. Voice and participation is particularly important topoor people on issues that affect their right to earn a livelihood and to economic, social andcultural rights (including access to public services). Efforts to support participation and voiceshould make individuals aware of their rights - thereby empowering them to participate andvoice their demands to their political leaders, to improve their lives, and to influence the actionsof government. To be efficient, such support needs to link consistently to mechanisms thatstrengthen the accountability of state actors at both the national and local levels.Support in this area encompasses:–The promotion of women’s and youth’s active participation in politics in recognition oftheir vital importance as driving forces in achieving sustainable and democraticdevelopment.–Ensuring equal rights for men and women, including in the areas of:oProperty rights and family law;oEqual access to and control over resources; andoEqual opportunity to achieve political and economic influence - includingfreedom to make decisions about their lives.–The pursuit of independent accountability mechanisms and a free and diverse media(including alternative means of freedom of expression).–The right to hold an opinion and to gain access to information.–Raising awareness of these and other rights and empowering people to claim their rights.–Advocacy by civil society.–Civic education.19

–Promotion of the rights of indigenous peoples and minorities (such as dalits, people withdisabilities, and other marginalised groups).Experiences and challengesIt is usually very difficult for poor people to influence the shaping of political priorities and todemand action from the state. Participation in itself does not ensure that their voice is takeninto account in the political process. The challenge is therefore to ensure that poor people haveboth the opportunity to participateandthe means to assert their voice and influence.It should also be recognised that the voices of the poor are far from homogeneous, andaddressing the demands and needs arising from the population (including the poor) is notnecessarily a consensual and conflict-free process.Political economy analysesof power andchange in a particular country or setting should be undertaken, preferably jointly with otherdonors, to arrive at a deeper understanding of the interaction between formal and informalinstitutions, and of the incentives framework within which actors operate.Denmark will:Promote the participation and voice of poor people and marginalised groups in society,thus promoting democratisation based on the rule of law, non-discrimination,accountability, legitimacy and transparency.Continue to support civil society in accordance with the goals set out in the Strategy forDanish Support to Civil Society in Developing Countries (December 2008).Electionsare central processes for managing competing interests, allowing people to choosetheir representatives and providing legitimacy to those holding political office. Elections arethus both a matter of processes and institutions,andof people’s participation and voice. Mostimportantly, elections should not be seen as one-off events, but rather as part of the checks andbalances in a long-term process of deepening democracy. Recent history has shown thatelections held in unstable and dysfunctional democracies (where little attention is paid toconsolidating a democratic political culture) can trigger violence and conflict. They can alsopossibly retard rather than advance democracy. When designing support for elections, carefulattention should therefore be paid to the types of assistance, choice of partners, the politicalcontext, and how the elections fit into the overall process of democratisation.The mediais a platform for democratic debate and performs a variety of functions, including:–Providing information for individuals to form their own opinions.–Channelling the voice of people.–Acting as a watchdog over other institutions.The media is also a social, political and economic actor in its own right - defined by its owneditorial positions, ownership, and the individual positions of journalists and editors.Community radio in particular has been used to raise awareness and give voice to poor peopleand marginalised groups (although it has also been abused to incite violence and hatred). Therapid increase in internet access and use of mobile phones provides new opportunities for20

informing and involving people that should also be considered - especially when trying to reachand give voice to young people.The Danish Government will strengthen efforts to support a free and capable media in partnercountries that allows for diverse, nuanced, inclusive and transparent public debate.Gender equalityis, and will continue to be, a key priority of Danish development cooperation.The participation of women in democracy is vital to ensuring that the needs of women andtheir children are taken into account by governments.Denmark will continue to give high priority to the promotion of equal participation of men andwomen, and to non-discrimination in all dimensions of democracy.6.3 Realising human rightsFor two decades, Denmark has provided substantial support to the promotion of human rightsin developing countries. This includes support to all partner countries selected for programmecooperation as well as other countries receiving Danish development assistance (such as fragilestates and countries undergoing transitions).Danish support has included:–Support to legal and judicial reform.–Support to oversight bodies (such as human rights commissions and ombudsmaninstitutions).–Promotion of access to justice.–Creating enabling environments for non-state actors to monitor and advocate for humanrights.This experience, combined with recent international development analyses and lessons learnt,provides a good vantage point for future Danish engagement in this area.Denmark will provide support towards realising human rights in developing countries with aparticular focus on:–Ensuring that structures and institutions adhere to human rights standards; and–Supporting relationships and processes that will empower individuals to claim their rightsand access to justice.Denmark will support activities that are explicitly grounded inhuman rights commitmentsand obligationsat the national level and that specifically refer to such commitments. This willinclude activities and efforts to:Increase respect for freedom of opinion and expression and greater tolerance - includingissues related to combating all forms of discrimination.Increase access to information.Fight against torture, wherever it occurs.Promote gender equality.21

6.3.1. Building societies based on justice and the rule of lawGuiding principles – building societies based on justice and the rule of lawDenmark will:Be guided by international human rights standards and obligations in its activities to support justice andthe rule of law.Support sector-wide approaches to justice reform with due respect for the functional independence ofthe judiciary and other independent institutions. This includes improving justice institutions and thelinkages between them.Maintain a balanced approach to state, government and civil society. Where applicable, coalitions andpartnerships will be built between the various stakeholders in the sector.

The justice sector offers a means ofresolving disputes and preventing conflicts.Providingsupport to this sector helps build societies based on justice and the rule of law, which is one ofthe most efficient ways of supporting the realisation of human rights.The “justice sector” is understood here as a web offormalandinformaljustice deliveryinstitutions, involving a broad range of state and non-state actors, both legislative, executiveand judicial. It cuts across ministries and branches of government and includes:–––––––Parliaments and law reform commissionsMinistries of justice and the interiorPolice and prison servicesPublic prosecutorsThe judiciary and quasi-judicial institutionsBar associations and legal aid providersCivil society

Research also shows thatjustice matters to the poorand that disputes and conflicts burdenthem more than other groups. Yet the formal justice system is expensive and largelyinaccessible to them. Other marginalised groups - such as people with disabilities, indigenouspeoples and minorities such as dalits – also often lack access and experience negative biasagainst them.Corrupt judges and police officers adversely affect the ruleof law and peoples trust in the justice system. Legal andjudicial reform is therefore a crucial gateway to combatingcorruption and enabling just systems - for example, bypromoting decent terms and conditions for justicepersonnel, and enhancing transparency and accountabilityin justice operations.Civil society contributes to justice delivery in many ways -for example, through the provision of legal aid. Strongcivil society involvement is also necessary to balance thefocus on the supply of justice with appropriate attentionto thedemand side.Failing to consider justice reformholistically can marginalise civil society and limit theircontribution.Voices of the PoorThe World Bank’s Voices of thePoor research from 2000 surveyedover 60,000 poor people from 60countries. It provides a uniqueinsight into poor people’spreoccupation with safety, securityand justice issues – which theyranked at the same level ofimportance as hunger,unemployment and lack of safedrinking water.For more on this study, visitwww.worldbank.org/poverty/voices/index.htm

To address these challenges in the justice sector, efforts should be strengthened to:Favour sector-wide approaches – targeting formal and informal institutions, and coveringboth civil and criminal law.Define eligibility broadly to ensure that as wide a range of institutions as possible areincluded.Ensure that support to one part of the sector contributes to the effectiveness of the sectoras a whole.Encourage reforms that are aligned with national plans and procedures and pay due regardto human rights.Examples of sector-wide support include:Vision development and strategic sector planning based on human rights values and standards.Measures to promote the separation of powers and the maintenance of judicial independence –although care must be taken that ‘judicial independence’ is not used by the judiciary to oppose andobstruct reform.Strengthening of national legal aid schemes involving ministries of justice, bar associations and civilsociety.Efforts to create links between formal and informal systems of justice - for example, by linkingcourts with other, informal mechanisms of justice.

In fragile states and fragile situations, support totransitional justicecan lead to conciliationand help lay the groundwork for new, credible and legitimate justice delivery institutions. At thevery least, support to transitional justice may prevent public confidence in the justice systemfrom being undermined.Lasting stability and development in post conflict societiesTransitional justicerequires that those responsible for serious crimes andTransitional justice can takeviolation of human rights be held accountable. Denmarkmany forms - fromwill support national efforts to strengthen the fight againstinternational tribunals (suchimpunity.as the International CriminalEstablishing justice and the rule of law go to the heart ofsocietal development. But justice sector reforms aimed atensuring equal access to justice for all face sensitive andcomplex issues of power, poverty and inequality. Recognisingthis, Denmark will place clear emphasis on poor people and marginalised groups in society inits sectoral approach.Court), national prosecution,truth and reconciliationbodies, and traditional justicemechanisms.

The implementation of human rights standards and obligations at the national level requiresstrongnational human rights institutions (NHRIs).These are quasi-governmental orstatutory bodies with human rights as part of their mandates – the most common being:–National human rights commissions.–Ombudsman institutions.–Thematic commissions - such as women’s commissions, equal opportunity commissionsand commissions for people living with HIV/AIDS.Although they are established by the state, NHRIs are positioned between civil society and theexecutive branch of government. They therefore have the ability to bridge the divide betweenthe state and government, on the one hand, and civil society on the other. They have access to24

government, civil society and the media, and can build alliances with these to respect, protectand promote human rights.National human rights commissionsare central to protecting, promoting and monitoringthe realisation of rights in developing countries, fragile states and situations of fragility. Theyare usually mandated to:–Monitor the state of human rights in their country.–Investigate complaints of human rights violations.–Advise government (for example, by reviewing draft legislation and policies for compliancewith human rights).–Work with civil society and the media to inform the public about human rights violations.–Conduct public education and awareness on human rights.Ombudsman institutionsusually deal with matters of maladministration in the public sector.In some cases, they may also investigate complaints by individuals or groups about violations oftheir human rights.Thematic commissionsusually focus on monitoring and advocacy in relation todisadvantaged and marginalised groups.Because it has the potential to create a strong base for the realisation of human rights,themediaprovides for a complementary counterpart to NHRIs. This mutually reinforcing andprotective relationship between the media and NHRIs can ward off attempts to exert politicalinfluence over both - with NHRIs being able to raise violations of freedom of expression andpress freedom; and the media overseeing the actions of NHRIs and their independence fromgovernment, political groups and vested interests.Denmark will continue to prioritise the national implementation of human rights standards bysupporting domestic mechanisms like the above that monitor and report on the human rightsimplementation process.Experiences and challengesAlthough NHRIs are on the increase around the world, those in developing countries continueto face challenges and obstacles that donors can assist to address and overcome:Levels of independence and impartiality of NHRIs vary greatly from one to the next.Some countries set up NHRIs to create the illusion of respect for human rights. They thenhamper their work by giving them narrow mandates and inadequate and unsustainablefunding.In some cases, commissioners appointed to the institutions are political appointees or lackthe required expertise.The UN has prioritised NHRIs because of their potential to radically improve respect for andcompliance with human rights at the domestic level. For example:25

The establishment and strengthening of NHRIs is a major priority of the Office of the HighCommissioner for Human Rights, which provides significant support in this area.The UN has developed criteria for the establishmentof NHRIs (the Paris Principles), which aim toimprove independence and impartialityandcreate ayardstick against which NHRIs may be measured.The focus on NHRIs by the UN provides Denmark withthe opportunity to cooperate with key multilateralpartners in the field of human rights at the country level.It also allows Denmark to link experiences and dialogueat the national level with cooperation and dialogue at theinternational and normative levels.UN Paris PrinciplesThe Paris Principles deal with theestablishment, status and functioningof NHRIs. They were adopted by theUN General Assembly on 20December 1993 and provide guidanceto NHRIs on:–Their competence andresponsibilities.–Composition and guarantees ofindependence and pluralism.–Methods of operation.

Limiting anyone’s access to justice is in effect a denial of justice. Without ensuring that allmembers of society enjoy equal access to justice, donor support to strengthening the rule of lawmay only reinforce the privileges of those who can afford justice’s costs. Poor and marginalisedgroups in particular are often discriminated against and excluded by formal justice institutions.Improving access to justice therefore often requires discrimination and exclusion to beaddressed and overcome. Discrimination and exclusion are key causes of poverty, conflict andfragility – but by focusing rigorously on access to justice, the disadvantaged (including poor26

men and women, people with disabilities, indigenous peoples and other minorities such asdalits) can be supported to:–Claim and protect their rights through the formalandinformal systems of justice.–Make effective demands.–Trust the system enough to make use of it.–Increase opportunities, and abilities, to benefit from and participate in development.Denmark will pay particular attention to the obstacles the poor face when trying to accessjustice. This will include support to:Improving knowledge of basic rights through education and information.Making legal services accessible – physically, and in terms of language, procedures, and theavailability of affordable legal aid, lawyers, paralegals, mediators and defendants (all of anacceptable standard).Victims of crime.Strengthening frameworks, procedures and mechanisms for addressing civil oradministrative matters - for example, birth, marriage and businesses registration; anddisputes over family relations, inheritance, land tenure and labour rights.Since the formal system is often inaccessible,ignoring theinformal justice systemmay excludelarge segments of society from any access to justice.However, because the informal system includes awide range of systems, support to it must becontext-driven and based on respect for humanrights. For example, it could include:The informal justice systemThe informal justice system differs fromcountry to country and might include:Traditional systems conducted byhereditary, traditional or religiousauthorities.Semi-formal systems conducted by electedor appointed authorities.Modern systems of alternative conflictresolution (such as mediation orarbitration), some of which target businesscommunities.

Customary law in particular is a difficult area, riddled with dilemmas and contradictions. Itsrules and norms are seldom reduced to writing and are subject to manipulation - creatingpotential battlefields of power and violating human rights. The most usual area ofdiscrimination is gender and, as a result, women (and their children) often lose out in theadministration of customary law.Experiences and challengesTo ensure a pro-poor approach, activities supporting access to justice must specifically targetthe poor and marginalised. These groups face major barriers to justice, including:Remote, slow, expensive, discriminatory, corrupt and unfair services.27

Lack of awareness of their rights.Intimidating and complex justice institutions and processes.In many developing countries, only a small percentage of the population have access to courtsin urban centres and informal justice systems are often far more accessible. Promotingalternatives to the formal judiciary as a vehicle for conflict resolution improves access to justice,reduces its costs, and helps to alleviate the burden on the formal system.However, international actors are still coming to terms with the linkages between the formaland informal justice systems and examples of good practice remain few and far between.Supplementing support to the formal justice system with support to the informal system canlead to real dilemmas for donors. Although various strategies are being tried, it will take timebefore attempts to address these dilemmas can be measured against results on the ground. Toaddress this, Denmark will only support informal systems of justice that respect human rights,or that are willing and able to change norms and practices that infringe on human rights.Legislation too is often negatively biased against women or gender-insensitive, obstructingaccess to justice for women in many countries. Even where there is formal legal equality,women often face institutional bias in state and non-state justice institutions, and prejudice anddiscrimination from justice sector personnel. Structural inequalities (such as lack of time andaccess to resources and education) also affect women’s ability to use justice institutions.Knowledge of equal rights is a precondition for claiming them. These concerns need to beaddressed in the design of justice interventions to ensure that the rights of both women andmen are realised. Denmark will pay particular attention to the challenges faced by women inrelation to gaining access to property and land.

7. Making better use of global partnersGuiding principles – making better use of global partnersDenmark will:Actively promote the vision and values outlined in this strategy and in the Danish strategy for theGovernment’s approach to international human rights work from 2009 in relevant international andregional forums - such as the UN, EU, CoE, OSCE, OECD-DAC and international financialinstitutions (particularly the World Bank).Create linkages between efforts at the multilateral level (such as the UN and EU), and efforts topromote democratisation and human rights at country level.Include observations and recommendations from UN treaty bodies and special procedures in Danishbilateral assistance.Support international bodies (such as UN development organisations) to strengthen their human rightsservice, capacities and coordination.Strengthen cooperation with international NGOs that promote democracy and human rights.

The United Nations (UN), regional human rights bodies, and civil society movements workacross boundaries and straddle national territories. This gives human rights and democratisationunique positions as global themes with global actors. It also creates the potential for deepeningdemocracy and realising human rights through mutually reinforcing efforts at global, regionaland local levels.United NationsMultilateral institutions such as the UN (particularly the UN Office of the High Commissionerfor Human Rights and the Human Rights Council) are responsible for setting standards andpromoting human rights and fundamental freedoms. Decisions and recommendations by theinternational community are important for deepening democracy and realising human rightsand must be used in both multilateral and bilateral development cooperation with partnercountries.UN organisations, funds and programmes play an important role in advancing the objectivesdescribed in this paper at the operational level. This is especially true of the UN DevelopmentProgramme (UNDP), which directly and indirectly supports institutions and programmingapproaches aimed at strengthening the protection of human rights and democratic governance.The comparative advantages of the UN system are its universality, legitimacy and globalpresence. These must be taken into account when designing and implementing Danish supportfor democratisation and human rights.Denmark will maintain its commitment to the UN’s human rights and democratisation effortsin a development context by:29

–Continued and focused financial contributions to the UN, its funds and programmes -including working to ensure that the UN is able to carry out its mandate at the countrylevel; and–Taking part in joint donor coordination and formulation of UN priorities and strategies.This will be done through continued dialogue at all levels and active Danish participation inthe boards of individual funds and programmes.Treaty bodies (and other UN entities) produce analysesand recommendations that donors can use to inspirepolitical dialogue, guide the design of programmes, and setthe framework for monitoring activities. Denmark willmake use of such observations and recommendations insupport of human rights and democratisation.The Office of the High Commissioner for Human Rights(OHCHR) has regional and country offices that bothmonitor human rights on the ground and implementprojects. Where relevant, Denmark will strengthensynergies between bilateral and multilateral activities bycooperating more closely with the OHCHR in eachcountry. Country-specific recommendations will also guidethe implementation and monitoring of progress.UN monitoring mechanismsand bodiesThe UN system has varioushuman rights monitoringmechanisms and bodies, including:The Human Rights Council(and the special procedures oncountry situations or thematicissues established by it).The newly establishedUniversal Periodic Review ofthe Human Rights Council.

European UnionThe European Union (EU) is a key international actor in the field of democratisation andhuman rights. The EU:–Has established a European Union Agency for Fundamental Rights.–Is engaged in human rights and political dialogue with various countries. It is thus animportant partner for cooperation with partner countries where Denmark is notrepresented by a bilateral mission.–Supports human rights and democratisation in many countries, within the framework of theCommunication on Governance in the European Consensus on Development and theEuropean Initiative for Democracy and Human Rights (EIDHR).–Has a unique presence in many fragile states, as well as a range of instruments to engage indialogue and provide support in fragile states and situations.Denmark will increasingly engage in dialogue and cooperation on matters of human rights anddemocratisation with the European Commission and other member states within theframework of the EU. Strategic priorities for this cooperation will include:–Strengthening EU assistance to governance, democratisation and human rights.–Further harmonisation of development cooperation between Member States and theCommission in partner countries.–Advocating for improved collaboration at country level with relevant national, regionaland international partners.–Specific support to strengthening EU’s efforts in fragile states and situations.30

–Continued strong Danish engagement in the EU’s political dialogue with partnercountries.–Support to on-going, cross-pillar efforts to improve synergy and coordination on issuesof human rights and democratisation in the EU’s external relations.Denmark will also increase synergies between our efforts in relevant forums in the EU and ourbilateral programmes.Regional and inter-regional institutions and organisationsAfrica and Latin America in particular have established regional institutions with mandates topromote democratisation and human rights. Regional and sub-regional organisations also play asignificant role within the field.The range of regional and inter-regional institutions and organisations include:–African Union–African Commission on Human and Peoples’ Rights–African Court on Human and Peoples’ Rights–The New Partnership for Africa’s Development and African Peer Review Mechanism–African Development Bank–Economic Community of West African States–Inter-American Commission on Human Rights–Inter-American Court of Human Rights–Organisation of American States–Association of Southeast Asian Nations–League of Arab StatesThese institutions and bodies are natural and important partners for Danish cooperation.Denmark will continue to contribute to their strengthening, as well as to efforts to furthercooperation with multilateral organisations such as the UN, World Bank and the EU.Programmes supported by Denmark will actively take into account regional and inter-regionalinstitutions and bodies, and regional political dialogue will be maintained with relevant partners(bilaterally and multilaterally).European institutionsThe Council of Europe and the Organisation for Security and Cooperation in Europe arecrucial regional actors.–TheCouncil of Europe (CoE)promotes and monitors human rights, democracy and therule of law through its monitoring mechanisms and programme activities. The EuropeanConvention on Human Rights and the case law of the European Court of Human Rightsalso play an important role in this context.–TheOrganisation for Security and Cooperation in Europe (OSCE)promotes humanrights, democratisation and the rule of law in its member states. The OSCE’s Office for31

Democratic Institutions and Human Rights has a particular focus on election support andminority rights.Denmark will continue to engage in dialogue and cooperation on matters of human rights anddemocratisation with these bodies.International financial institutionsThe following international financial institutions are major actors at the country level:African Development BankAsian Development BankInter-American Development BankWorld BankAlthough having an economic mandate, these institutions have the potential to play animportant role in promoting human rights and democratisation. At minimum, they have a rolein ensuring that no harm is caused in these areas in the pursuit of other objectives.Denmark will work to influence international financial institutions to this effect - particularlythe World Bank, where Denmark, together with other Nordic countries, has played a centralrole in establishing a trust fund for human rights. The mandate of the fund will be to ensurethat human rights are reflected in the Bank’s analyses and operations.International NGOsDenmark will strengthen its cooperation with international NGOs working with human rightsand democratisation issues of special interest.

8. Danish capacity for support for human rights and democracyEffective partnership requires a partner who:–Is capable of competently engaging in technical issues;–Has country-specific knowledge of the sectors and areas in which support is provided; and–Has knowledge of the political economy, and of relevant contextual factors, in individualpartner countries.Denmark will strive to live up to its responsibility as a competent and relevant partner invarious ways. In particular, we will strengthen our technical and professional knowledge andcompetencies in relevant areas for the strategic priorities set out in this strategy, such as:Political dialogue on democratisation and human rights.Development of pluralist political systems.Parliamentary development.Legal and judicial reform (of both the formal and informal systems).Creating synergies between the UN human rights system and bilateral programmes.Capacity development.Domestically-based governance assessments and political stakeholder analysis.This will be done through:‘How to notes’ on selected issues to operationalise and guide implementation.Ensuring specialised capacity in the field of human rights and democracy.Developing the competence of staff at Embassies and Headquarters - where possiblethrough joint training with other donors.Intensified participation in relevant international and regional forums, such as theOrganisation for Economic Cooperation and Development – Development AssistanceCommittee (OECD-DAC), to:oShare experiences;oUndertake joint analytical work;oEngage in partnership dialogue; andoInfluence behaviour change among donors.Workshops and seminars in Denmark on key issues of human rights anddemocratisation for consultants, NGO officials, researchers and Ministry of ForeignAffairs staff.Active networking and communication - through our websites (www.um.dk/en andwww.danidadevforum.um.dk/en), and in seminars and conferences.

Monitoring will cover:1) Assessments of the implementation of the main elements of this strategy through:Assessments by Embassies and Headquarters according to their performancecontracts. This includes country assessments and assessments of progress insector programmes submitted on an annual basis and in connection with reviews.Thematic reviews and evaluations.Including information from these sources in various annual reports of theMinistry of Foreign Affairs regarding Denmark’s development cooperation.2) Benchmarking and monitoring of governance performance in partner countries(including issues of democratisation and human rights) through a set of country- andcontext-specific indicators. Benchmarking and monitoring of governance performanceshould preferably be conducted jointly with other development partners and partnercountries.Monitoring sources will include:Domestically-based governance assessments.Reports and recommendations from UN treaty bodies.Reports from UN special procedures.EU Governance Profiles.EU Country Human Rights Fact Sheets.World Bank Institute ‘Governance Matters’ indicators.OECD Metagora.IDEA, State of Democracy assessments.UNESCO media development indicators.International and national civil society reports.

10. ReferencesUnited NationsUnited Nations. Universal Declaration of Human Rights, General Assembly Resolution 217 A (III) of 10December 1948.United Nations General Assembly. Vienna Declaration and Programme of Action, adopted by the WorldConference on Human Rights 25 June 1993. A/CONF.157/23.In Larger Freedom: Towards Development, Security and Human Rights for All. Report of the Secretary General.A/59/2005.United Nations General Assembly. 2005 World Summit Outcome. A/RES/60/1. 24 October 2005.United Nations Security Council, Report of the Secretary General, S/2004/616 of 23 August 2004.The Paris Principles; General Assembly resolution 48/134 of 20 December 1993.UN Fact Sheet No. 19, National Institutions for the Promotion and Protection of Human Rights (including the‘Paris Principles’) – www .unhchr.ch/html/menu6/2/fs19.htm