11
July
2023

Protecting human rights defenders at risk: EU entry, stay and support

Across the world, human rights defenders protect and uphold human rights in some of the most challenging situations. In some countries they face worrying levels of threats and attacks, intimidation and harassment. This report outlines how human rights defenders can enter and stay in the EU when they need protection. It suggests how EU institutions and Member States could use the flexibility in existing legal provisions and provide shelter for defenders who seek protection.

In recognition of the security risks that human rights defenders face, and with the aim of protecting them and enabling them to continue their human rights work, a range of initiatives for the temporary relocation of human rights defenders to the EU have been developed. At EU level, ProtectDefenders.eu supports defenders and operates the EU Temporary Relocation Platform which brings together many actors including civil society organisations engaged in temporary relocation. Several Member States have dedicated programmes in place to accommodate human rights defenders for specific periods. In addition, local-level initiatives, university initiatives and a range of civil society initiatives work to ensure the safety and dignity of human rights defenders at risk, including journalists, artists and scientists, and their family members.

ProtectDefenders.eu is the European Union Human Rights Defenders mechanism, financed by the European Commission. It is led by a consortium of 12 NGOs active in the field of human rights and coordinated by a Brussels-based secretariat.

With a budget of EUR 30 Million over 4.5 years, ProtectDefenders.eu:

  • operates a permanent and rapid response mechanism to provide urgent assistance and practical support to HRDs in danger, their families, and their work;
  • manages a programme of temporary relocation for HRDs at risk to relocate inside their country, within their region, or abroad in case of an urgent threat;
  • supports the creation of shelters for HRDs at risk and coordinates the EU temporary relocation platform (EUTRP);
  • provides training, financial support, accompaniment, and capacity-building to HRDs;
  • monitors the situation of human rights defenders;
  • promotes coordination between organisations dedicated to support human rights defenders.

Overall, ProtectDefenders.eu has played a significant role in supporting human rights defenders worldwide since its establishment. With a focus on at-risk defenders outside the EU and in the most challenging countries, ProtectDefenders.eu provides financial and coordination support through its programmes for protection, training, advocacy and monitoring. Since its establishment, ProtectDefenders.eu has supported over 60 000 human rights defenders worldwide.

The involvement of ProtectDefenders.eu in discussions and solutions related to mobility for the protection of HRDs is also carried out through the implementation of a specific programme, ‘Shelter Initiatives’. The programme strengthens capacity for relocation and protection of human rights defenders at regional level and outside the EU. [143] For more information, see ProtectDefenders.eu webpage on the Shelter Initiatives Programme
This programme has funded and supported the establishment or expansion of 15 shelters for human rights defenders in different regions across the world, providing contextually adapted solutions with a holistic approach. Furthermore, ProtectDefenders.eu is the implementing partner of the first-of-its-kind comprehensive resettlement stream for human rights defenders, [144] For more information see the ProtectDefenders.eu webpage on the Canadian Refugee Stream for Human Rights Defenders, available at https://protectdefenders.eu/protecting-defenders/#canada
initiated by the Government of Canada (see Section 4.4.2).

Created in 2014 at the initiative of the EU, the EU Temporary Relocation Platform is a network of organisations supporting human rights defenders in need of or benefiting from temporary relocation. [145] For more information see the European Union Temporary Relocation Programme website, available at: https://eutrp.eu/ (last accessed 13 March 2023).
Its membership includes host organisations, those providing grants to cover defenders’ expenses during relocation, donors and policy makers. [146] For more information see the European Union Temporary Relocation Programme webpage about members, available at: https://eutrp.eu/our-members/ (last accessed 13 March 2023).
Its purpose is to facilitate collaboration and coordination among entities involved in temporary relocation efforts for human rights defenders. The Platform has been coordinated by ProtectDefenders.eu since 2016. [147] For more information see ProtectDefenders.eu webpage available at: https://protectdefenders.eu (last accessed 13 March 2023).

FRA has identified practices to accommodate human rights defenders in one way or another in 18 EU Member States, whether through Member State initiatives or city-led, academia-led or civil society-led initiatives. In Member States without such dedicated initiatives, human rights defenders can access the territory in certain cases if they fulfil criteria laid out in national legislation, for instance in view of humanitarian grounds or for study or work purposes.

Eight Member States have comprehensive programmes in place to accommodate human rights defenders: Czechia, France, Germany, Ireland, the Netherlands and Spain receive human rights defenders from across the world, and Lithuania and Poland receive human rights defenders from Central Asia, Belarus, Russia and the South Caucasus. Finland and Sweden have programmes in place for artists at risk globally. Estonia and Latvia have recently created dedicated access to visas specifically for human rights defenders from Belarus or Russia. Finland has been looking into creating a national humanitarian visa, which would allow human rights defenders, activists and journalists at risk to enter the country. [148] Finland, Finnish Broadcasting Company (Yleisradio/Rundradion) (2022), ‘Hallitus suunnittelee uutta humanitaarista viisumia Ukrainan sodan takia – tulisi käyttöön esimerkiksi venäläisten toisinajattelijoiden kohdalla’, 30 August 2022, and Suomen Sanomat (2022), ‘Humanitaarisesta viisumista ei ehditä antaa lakiesitystä tällä hallituskaudella’, 19 October 2022 Luxembourg is in the process of developing a platform for human rights defenders and is currently exploring options. [149] Interview with the author, 5 April 2023.

Figure 1 – Temporary relocation practices for human rights defenders in EU Member States

Interactive map of Member State practices

Interactive map showing temporary relocation practices for human rights defenders in EU Member States; information for each Member State is given in description in text below.

Source: FRA, 2023. See below descriptions of each Member State and Annex 1 for more details.

The interactive map shows the temporary relocation practices for human rights defenders in EU Member States.

The ways in which human rights defenders can access and stay in the EU under the different initiatives vary greatly. The interactive maps (Figure 1 and Figure 2) and the following descriptions of various programmes in EU Member States illustrate this information.

In terms of beneficiaries, most initiatives are open to human rights defenders from across the world, whereas some are focused solely on defenders from Belarus or Russia. Many relocation programmes have specific requirements concerning the defenders who can take part in them, therefore being restricted to a certain category of participants, such as journalists, artists and writers.

These programmes operate with different types of visas, ranging from Schengen visas to various national long-stay visas, such as national interest visas or humanitarian visas. In all programmes, visas required by defenders to relocate are granted under national law or the visa acquis as it currently exists, often using derogations and flexibility permitted under the Schengen acquis.

Equally varied is the anticipated length of stay provided under the schemes, which ranges from 2 months to 1 year, and whether they are renewable or not. Only a few initiatives entail the issuance of a residence permit. Very few countries provide accelerated procedures to issue rapid visas for human rights defenders in situations of immediate risk. Multiple-entry visas are only occasionally provided to human rights defenders.

While few schemes provide additional support aiming to empower defenders to continue their human rights work, most schemes provide support goes beyond the mere provision of visas and/or residence permits, extending to financial and housing support, capacity building, connection with other human rights defenders and psychological support. Access to work permits and to banking services is patchy. Family members are covered in some schemes but not in others, and same-sex partnerships are not always recognised as families.

The accessibility of the dedicated programmes varies. While some select participants through transparent application processes – although in several cases with built-in limitations such as language barriers and potentially overly burdensome demands on defenders – others are operated under the radar and require knowledge gained through word-of-mouth. In both cases, the initiatives favour well-connected defenders.

The issue of accessibility is reflected in the number of human rights defenders benefiting from the programmes. Some city-based sanctuary programmes have hosted a dozen defenders over the course of a decade, whereas a small number of Member State programmes have been welcoming several hundred to several thousand defenders a year. This has happened in exceptional circumstances, such as the overthrowing of the Afghan Government by the Taliban in 2021 in the case of Germany, or the Russia’s invasion of Ukraine in 2022 in the case of Czechia and Poland. The overall number of defenders benefitting from the schemes seems small in comparison with the known frequency of serious attacks that defenders face across the world.

Figure 2 – Temporary relocation practices for human rights defenders at national and local level in the EU

Interactive map of national and local level practices

Interactive map showing the temporary relocation practices for human rights defenders at national and local level in the EU; information is given in description in text below.

Source: FRA, 2023. See below descriptions of each Member State and Annex 1 for more details.

The following overview describes the practices from the 13 Member States accommodating human rights defenders at risk through state-led programmes or visa initiatives. The Member States are listed in alphabetical protocol order.

Czechia has provided visa support to human rights defenders looking to participate in advocacy events, rest and respite programmes, and other similar activities since at least 2012. In 2020there was an increased number of Belarusian defenders, and in 2022the arrival of hundreds of Russian defenders. Before this, there were smaller numbers of human rights defenders coming for short periods usually under the Schengen C visa. [150] Interview with People in Need, 30 March 2023. They mostly came from target countries of the transition promotion programme of the Ministry of Foreign Affairs. [151] Ministry of Foreign Affairs of the Czech Republic, Transition Promotion Program

In the aftermath of Russia’s invasion of Ukraine, Czechia launched an additional pathway for citizens of Belarus or Russia at risk of persecution to apply for temporary residence in the country – the civil society programme Program Občanská Společnost was launched in May 2022. [152] Ministry of Foreign Affairs of the Czech Republic, Program Občanská Společnost The programme is renewable and was originally established with an annual quota of 500 applicants per year. The opportunity for human rights defenders from other countries to come for short periods with a Schengen visa continues in parallel.

To be eligible under the civil society programme, individuals require a sponsor NGO – which has to be from one of the partner NGOs of the programme - which must demonstrate that the potential participant is subject to persecution by state authorities as a result of their activities in defence of human rights and democratic principles, with an emphasis on the defence of freedom of expression. The participant may be a civil society representative, academic, independent media practitioner or any other kind of human rights defender.

The sponsor NGOs must submit a request for the defender’s inclusion in the programme to the Ministry of Foreign Affairs, including information as to which form of residence permit the participant is applying for: a work permit; a long-term residency visa for the purpose of studies, a long-term visa for scientific research, a long-term visa for business purposes or a long-term visa for other purposes. [153] Act No. 326/1999 Coll. on the residence of foreigners in the territory of the Czech Republic (Zákon o pobytu cizinců na území České republiky), 1 January 2000. The ministry then informs the relevant Czech embassy/consulate that an application for a residence permit will be forthcoming from the defender. At the same time, the ministry communicates with the defender and sponsor NGO as to the conditions and requirements relating to the submission of their application. Once the application is submitted, a decision is made by the Ministry of the Interior within 30 days through an accelerated procedure.

Family members and partners of human rights defenders may join the participants in Czechia under the scheme, on the basis of long-term visas for family purposes or long-term residence permits for family reunification [154] For more information about the Civil Society Programme, Program Občanská Společnost, see the Ministry of Foreign Affairs of the Czech Republic’s webpage, available at: https://www.mzv.cz/jnp/cz/informace_pro_cizince/aktuality/program_obcanska_spolecnost.html . There is no available information as to the number of human rights defenders who may have benefited from the programme, with the yearly quota set at 500. However, it is estimated that over 1 000 defenders were hosted in total by Czechia (Schengen C -visa plus the new programme combined) in 2022-23. [155] Interview with People in Need, 30 March 2023.

In 2020 and 2021, Czechia implemented the Medevac program, a humanitarian programme in support of Belarusians. Medevac 1 aimed to help 60 physically injured Belarusians and their families. The Medevac 2 programme provides assistance to repressed physicians and their families, supporting 29 people. The Czech Ministry of Internal Affairs provided participants with entry and residence, basic support, meals and a basic course in the Czech language. [156] Sviatlana Tsikhanouskaya (2021), Sviatlana Tsikhanouskaya met with MEDEVAC participants and organizers, 7 June 2021.

After the Russian invasion of Ukraine in 2022, Estonia adopted a policy of issuing visas or temporary residence permits allowing independent journalists from Russia and Belarus to work. These were limited to those who are accredited by the Ministry of Foreign Affairs of Estonia and ICT specialists from Belarus, many of whom may qualify as human rights defenders, depending on the nature of their work. This was done by means of a derogation clause included in a regulation by which the State imposed restrictions on access to Estonia for Russian and Belarusian citizens in the context of the invasion but allowing for the issuing of visas on humanitarian grounds. [157] There is no publicly available information as to the number of defenders who may have benefited from this exception.

Artists at Risk founded in 2013 in Helsinki provides temporary residencies (2-24 months) at hosting organisations in Finland and around the world to artists and cultural professionals under threat. It also provides funding and networking opportunities and connects people in similar positions. It particularly focuses on artists and journalists whose activities as artists and journalists whose activities as human rights defenders, change agents and/or activists have put them at risk in their home countries.

In November 2022, the Ministry for Foreign Affairs published updated guidelines for protecting and supporting human rights defenders. [158] Ministry of Foreign Affairs Finland (2022) Tuemme yhdessä ihmisoikeuspuolustajia : Suomen ulkoasiainhallinnon ohjeet, 3 November 2022. The guidelines are intended specifically for Finnish foreign service employees in the ministry and Finland’s missions abroad. They do not directly address the issue of visas for human rights defenders at risk, but refer to the possibility of the issuing of a limited territorial validity visa under the EU Visa Code when necessary, on humanitarian grounds.

On 29 September 2022, the Finnish government issued a resolution to restrict the entry of Russian tourists into Finland, with these rules entering into force on 30 September 2022. [159] Finland, Valtioneuvoston periaatepäätös (Government resolution), 29 September 2022. Finland, Government (valtioneuvosto/statsrådet) (2022), available at https://valtioneuvosto.fi/paatokset/paatos?decisionId=0900908f807e2ad3 Under the resolution, restrictions on the provision of visas in this context should not be applied where people are travelling on grounds which are essential to ensure the respect of fundamental rights. It further provides for exceptions in special circumstances, such as humanitarian needs, with such applications being assessed on a case-by-case basis. [160] For more information, see RAJA Finnish Border Guard’s webpage on entry restrictions, available at https://raja.fi/en/entry-restrictions The resolution stipulates that the issuing of a limited territorial validity visa for a maximum period of 90 days may be considered in such situations, as provided for under Article 25 of the EU Visa Code. Information on the number of people who have benefitted from the exceptions under the resolution is not available.

Finland has been looking into creating a national, humanitarian visa, which would allow human rights defenders, activists and journalists at risk to enter the country. In 2023, the Ministry for Foreign Affairs provided a grant for establishing a ‘students at risk’ mechanism, which is currently under development.

The Marianne Initiative for Human Rights Defenders was launched in December 2021 by the President of the Republic to reaffirm that France is a shelter and an asylum territory for those who fight for freedom or are threatened because of their commitment to human rights. Managed by both the Ministry for Europe and Foreign Affairs and the Ministry of the Interior, the initiative has been built using a partnership approach with the participation of human rights NGOs, foundations and other stakeholders, including local authorities in France. It aims to support the work of human rights defenders, both in their home countries through its international pillar and by hosting them in France for 6 months, through its national pillar. [161] For more information see the Marianne Initiative webpage about the initiative, at Marianne Initiative.

The initiative creates a pathway for a yearly cohort of defenders to be welcomed in France for a 6-month period of personalised exchange, networking and training courses. Fifteen defenders participated in the programme in 2022, with a further 14 welcomed in 2023. While all of the members of the 2022 cohort were women, the programme is intended for both men and women defined as human rights defenders according to the UN Declaration of human rights defenders, and aims to represent geographical and thematic diversity in its participants. [162] Elysée (2021), Lancement de l’initiative Marianne pour les défenseurs des droits de l’Homme dans le monde, 10 December2021

Defenders may register their interest to participate in the programme by submitting a detailed application form. [163] The application form is available at: Marianne Initiative for Human Rights Defenders - La France en Jordanie - Ambassade de France à Amman (ambafrance.org) This can be done by several means, including through a French embassy/consulate abroad or a dedicated digital platform. Applications can be submitted in English, French or Spanish and are assessed by an independent selection committee. In their applications, defenders must be able to demonstrate their work in favour of human rights, including by providing documents and two referees to support their application. They must be able to justify how their involvement in the programme would reinforce their capacity to continue their human rights work, hold a valid passport or be prepared to obtain one, and be free from any judicial order not to leave their country of residence.

Participants in the programme are provided with tailored accompaniment during their stay in France, with support provided by NGOs, foundations and other initiative partners. Participants are expected to define a project to be developed during the programme and can also benefit from cultural programmes and activities while in France.

Human rights defenders welcomed under the initiative are provided with a temporary long stay-visa to allow them to travel to France and abroad. Their costs of travel to France are covered and they are provided with accommodation in Paris and a monthly stipend to cover their living costs. They can also benefit from psychological support if desired while in France. There are no provisions for defenders to be accompanied by family members while participating in the programme.

 

The Elisabeth-Selbert-Initiative (ESI) was launched in June 2020 as a support programme for human rights defenders at risk. It is operated by the NGO Institut für Auslandsbeziehungen (Institute for Foreign Relations), with financial support provided by the German Federal Foreign Office.

The initiative is designed to support defenders facing severe retaliation for their human rights work, including threats and physical and psychological violence. It is open to all human rights defenders outside the EU and is based on four pillars. Two of the pillars involve temporary relocation (to either Germany or a third country), with one involving protective measures in the home country, and a special module providing support to Afghan human rights defenders who have already been granted admission to the country on a different legal basis. The other two pillars concern temporary relocation within the defenders’ home countries or regions and financial assistance to support defenders who cannot or should not leave their ordinary place of residence.

Under the first pillar, defenders may temporarily stay in Germany for 4-6 months, during which time they are hosted by a civil society organisation active in the field of human rights. While in Germany, they are provided with health insurance, travel expenses and a monthly grant to cover living costs. The length of the stay can be extended once for up to 6 months in exceptional circumstances.

Human rights defenders can express their interest in participating in the programme by contacting the Elisabeth-Selbert-Initiative directly by encrypted email or through their prospective host organisation. They are then given access to an application platform, where they can fill out an application to demonstrate their work in favour of human rights and any risks they have faced as a result. Defenders may also apply through the same process without a prospective host organisation. In such cases, the Elisabeth-Selbert-Initiative will look for an appropriate organisation to host them. Decisions on applications are made by an independent committee based on several criteria, [164] See also the information from the Elisabeth-Selbert-Initiative website on Eligibility criteria for temporary relocation (up to 6 months) including: documentation demonstrating the defender’s peaceful defence or promotion of human rights; the demonstrable existence of risks related to their work; the availability and sufficiency of local protection measures; and their intention to return to their country of origin after the stay in Germany [165] See also the information from the Elisabeth-Selbert-Initiative website on funding, available at https://www.ifa.de/en/funding/elisabeth-selbert-initiative/ and the eligibility criteria available at https://www.ifa.de/fileadmin/Content/docs/foerderungen/ESI/2021_ESI_EligibilityCriteria.pdf . Decisions can be taken within a few days. Information from German embassies may be used to assist the decisions.

Defenders must have a valid passport and be able to cross the border of their country of residence in order to participate in the programme. Those selected for the programme are provided with a national D visa, as provided for under the German Residence Act, Section 7, subsection 1, sentence 3.

The Irish Special Humanitarian Visa System for Human Rights Defenders at Risk was launched as a pilot programme in 2005. It began as a joint initiative of the Irish Department of Justice and Department of Foreign Affairs to provide short-notice national visas on humanitarian grounds to human rights defenders at extreme risk or under prolonged pressure linked to their work. [166] See Frontline (2008), Visa for temporary relocation of Human Rights Defenders, p. 4. Ireland has received approx. 900 human rights defenders since 2005 through this programme.

Defenders participating in the programme benefit from accelerated access to humanitarian visas valid for a maximum of 3 months. In all cases, the human rights engagement and situation of risk or pressure is verified by an NGO called ‘Front Line Defenders’, headquartered in Dublin.

 

There is no formal procedure in Latvia facilitating the entry and stay of human rights defenders at risk. However, in practice, at-risk defenders from Belarus or Russia, including independent journalists, have been provided with long-term visas and residence permits on humanitarian grounds, especially since Russia’s invasion of Ukraine. As of October 2022, more than 250 visas for independent media workers from Russia had reportedly been issued on this basis. [167]LSM.lv (2022), ‘Strategic hospitality: Why Latvia has given refuge to Russian independent media’ (“Stratēģiskā viesmīlība: Kādēļ Latvija devusi patvērumu Krievijas neatkarīgajiem medijiem”), 7 October 2022.

While no dedicated visa scheme exists for human rights defenders in Lithuania, the state has been facilitating the temporary relocation of Belarusian and Russian human rights defenders and independent journalists to the country in the context of the severe shrinking of civic space in both states and Russia’s invasion of Ukraine. This is being done in cooperation with civil society actors who support the state in assessing applications. [168] Council of Europe Commissioner for Human Rights (2022), Support Russian and Belarusian civil societies and human rights defenders, and Freedom House (2022), Resisting Authoritarian Pressure Cohort Launches in Vilnius, 10 November 2022. There is no available information as to the number of human rights defenders who may have benefited from this initiative.

The Netherlands’ Shelter City initiative launched in 2012 as a joint initiative of the Ministry of Foreign Affairs, the municipality of The Hague and the NGO Justice & Peace. Initially in pilot form, it created a temporary relocation programme for human rights defenders in response to the challenges and retaliation they face for their human rights work. Expanding to encompass a network of 13 host cities in the Netherlands, and another eight abroad, along with a large number of collaborating organisations, it has since offered defenders an opportunity for rest and respite during a 3 month period, which may be extended by a further 3 months in exceptional circumstances.

Where defenders are welcomed in the Netherlands, their participation is facilitated through the granting of a Schengen C visa, through an accelerated processes if necessary. [169] Dutch MFA Focal Point on HRD Protection, in interview with the authors.

The initiative is open to defenders from across the globe who may register their interest during two application windows per year. The call for applications is circulated by Dutch embassies, the Ministry of Foreign Affairs and Justice & Peace, and on social media. While 15 participants can be welcomed from each application window, on average 260 applications have been received during each window since 2019. Between 2012 and 2022, the initiative received 3,371 applications and approved 160. [170] Justice and Peace (2022), Shelter City: Exploring the impact of a decade of temporary relocation experiences, p. 14 As of December 2022, 15 participants had requested asylum in the Netherlands during their stay, amounting to approximately 10% of all participants in the initiative. [171] Ibid., pp. 25-26.

Applications are initially screened by Justice & Peace, which prepares a shortlist to be passed on to an independent committee. Since 2018, Justice & Peace has carried out this short-listing process with the support of local Dutch Embassies and partners, which provide additional information to help assess applications where relevant. Final decisions on those to be welcomed under the initiative are based on (1) the demonstrated nature of the applicants work in favour of human rights; (2) the level of risk and/or pressure faced; (3) the possibility of the applicant returning to their own country after the programme; (4) their ability to communicate in English, French or Spanish; and (5) the possible impact of participation on the applicant’s safety or that of their family. [172] Ibid., pp. 19-20. In addition to the standard relocation programme, the initiative has the capacity to offer temporary relocation in four urgent cases per year. [173] Dutch MFA Focal Point on HRD Protection, in interview with the authors.

During the participants’ stay in the Netherlands, they benefit from a holistic integration and training programme led by local organisations in their city of shelter. This is based on the provision of accommodation and monthly grants to cover living expenses. In addition, all participants can participate in a 1-week holistic security training conference organised by Justice & Peace in The Hague. [174] Justice and Peace (2022), Shelter City: Exploring the impact of a decade of temporary relocation experiences, p. 22. As of 2022, participants may be accompanied by family members during their stay, with this change implemented to increase the accessibility of the programme for women human rights defenders, who had previously expressed a reluctance to leave their dependants behind to participate. [175] Dutch MFA Focal Point on HRD Protection, in interview with the authors.

Under a special visa scheme, coordinated by the Ministry of Foreign Affairs in collaboration with civil society partners, human rights defenders may apply for permission to travel to Poland on humanitarian grounds. [176] The scheme for human rights defenders was established in 2020 under Article 60(1)(23) of the Law on Foreigners of 12 December 2013. See the website of the Helsinki Foundation for Human Rights This applies to all people who come to Poland for humanitarian reasons. Requests for visas are dealt with on a priority basis, without undue delay, and these cases are handled by the competent consulate.

The legally defined cases in which such a visa may be issued to a third-country national are where the person would be obliged to return to a country where any of the following apply:

their life, liberty and/or personal safety would be threatened;

  • they could be subjected to torture or to inhuman or degrading treatment or punishment;
  • they could be forced to work;
  • they could be deprived of the right to a fair trial, or be punished without legal basis.

This visa is also issued when return to the country of origin would violate the right to family or private (including sexual) life or would violate the rights of the child, endangering their psycho-physical development.

Where these conditions are met, defenders may be granted a national long-stay visa (type 21 under Polish law) in line with the Act on Foreigners, providing for their entry and stay in the country and travel within the Schengen area, for a period of 1 year.

Applications for such a humanitarian visa may be submitted directly to the Consul of the Republic of Poland in the applicant's country of origin, to the Ministry of Foreign Affairs, to voivodeship offices (especially offices of the two eastern voivodeships bordering Belarus and Ukraine) or to other organisations (NGOs and service points acting as intermediaries in the process of obtaining visas). This information is available on the websites of Polish embassies in the countries covered by the special procedure. In addition, it is possible to send an application by post to the address assigned in the visa application process after telephone contact or by e-mail (to protect the security of human rights defenders). Humanitarian visas are free of charge. However, there is a small service charge for applying for a visa at a visa application centre.

Human rights defenders can also register their interest in obtaining a visa with a partner civil society organisation, such as the Helsinki Foundation for Human Rights, via an application form. In their application, they must provide documentation of their human rights work and any related risks they face. Where this information can be verified, the application is forwarded to the Ministry of Foreign Affairs with information as to the defender’s profile, how they may be contacted, and where they intend to submit their request for a visa. The Ministry of Foreign Affairs verifies the application and makes the final decision. In situations of extreme need, visas can be processed in as little as 48 hours.

The general rules for applying for a visa, including the visa application form itself, are available on the websites of the Polish consulates. The application must be accompanied by three recent photographs. In addition, a current passport must be attached to the application. In special cases in which it is impossible for the applicant to obtain a passport, any document proving their identity can be used. The Polish programme seems to be one of very few in the EU under which travel for human rights defenders may be granted even in situations in which the person does not have access to usual travel documents, such as an international passport.

Data collected by the Consular Department of the Ministry of Foreign Affair, indicates that, in the last 3 years, visas under Article 60(1)(23) were granted to 3 378 people in 2020, 19 602 people in 2021, 25 756 people in 2022 and 5 321 people in 2023 (by 9 May). These include human rights defenders from Central Asia, the South Caucasus, Belarus or Russia. The statistics indicated above include all beneficiaries of humanitarian visas, including family members of the main visa applicant. No special procedures are applied to family members of the main applicant - the applicant supplements their application with the details of the family member, additionally indicating their relationship. The applications are processed simultaneously.

In addition, human rights defenders residing in Poland on the basis of humanitarian visas for which the expiry date is approaching or who entered Poland under a special procedure without a visa, and who would be entitled to obtain, for example, a humanitarian visa, have the opportunity to submit an application for a new visa (or for the same visa) to the Minister of Foreign Affairs or for a permanent residence permit.

Since January 2023, people who have been granted a humanitarian visa have been able to obtain a 'Polish travel document' in the case of loss of a travel document, destruction or loss of validity of a travel document. This includes those who are unable to obtain a new travel document, as the consulate of countries of origin of human rights defenders in Poland often refuse to issue a new passport or identity document.. The Polish travel document for foreigners is valid for a period of 1 year and entitles the holder to multiple border crossings.

A national humanitarian visa entitles its holder to take up employment in Poland without the need to obtain a work permit. Additionally, in accordance with Article 3(1)(2) of the Act on Public funding and Healthcare, people with a national humanitarian visa are covered by public health insurance on the same basis as Polish citizens.

Additionally, under the procedure on foreigners and refugees, people with a national humanitarian visa have access to Polish education, which is free of charge, including higher education. Additional Polish language learning or psychological assistance is also provided free of charge for these people in cooperation with NGOs. Those defenders applying through the Warsaw-based Helsinki Foundation for Human Rights are provided with support tailored to their individual needs. This includes the provision of accommodation and support with living expenses during the first 3 months of their stay, with the possibility of extension in exceptional cases.

Spain launched its Temporary Protection Programme for Human Rights Defenders in 1995, making it the oldest such practice in the EU.

Under the programme, human rights defenders are welcomed to Spain for up to 1 year, extendable by up to a further year in critical cases. Participants are offered a type D Visa. These are granted on the basis of Article 50 of the Royal Decree 557/2011. [177] Ministry of the Presidency (Spain) (2011), Real Decreto 557/2011, de 20 de abril, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, sobre derechos y libertades de los extranjeros en España y su integración social, tras su reforma por Ley Orgánica 2/2009

The Spanish Ministry of Foreign Affairs, European Union and Cooperation leads this programme in close collaboration with regional governments, municipal authorities and Spanish civil society, and in coordination with Spanish embassies and the Ministry of Inclusion, Social Security and Migration. The Ministry of Foreign Affairs, European Union and Cooperation receives applications from defenders themselves or other actors acting on their behalf. Once the request has been made, the ministry will refer the information to the relevant Spanish embassy to verify the applicant’s work in favour of human rights and their level of risk. [178] Spanish Embassies may also refer defenders to the Ministry for the programme. Once this has been done, the embassy in question will then refer the case to the consular unit within the embassy to authorize the issuance of a visa, which is automatically linked to the issuance of a temporary residence permit by the Ministry of Inclusion, Social Security and Migration. This process, from the receipt of the request to the issuance of the visa, normally takes 2-3 weeks, but may be reduced to 4-6 days in emergency situations. [179] Spanish MFA Focal Point for HRDs, in interview with the authors.

Human rights defenders may be accompanied by their family members during their stay in Spain. While in the country, they and their dependants are provided with access to healthcare and education, if required. However, participants in the programme do not have the right to work, and thus funding for their stay is essential for them to access the programme. EU mechanisms, including ProtectDefenders.eu, are key to the provision of such funding. Defenders must also have the support of a host organisation which is responsible for providing holistic support to the defender, including capacity building and advocacy assistance. [180] Ibid

A total of 425 human rights defenders have been welcomed to Spain under the programme. While the scheme does not have a geographical focus, approximately 80% of those who have benefited from the programme have come from Latin America. Between 2012 and 2021, 150 defenders accessed the scheme. Of these, 22 applied for asylum, representing approximately 15% of participants. However, this figure falls to 6-7% when excluding persons who sought asylum since a return was not possible, only to return to their original country of residence after a few years. [181] Ibid

 

Based on 2 year residence permits granted by the Swedish Migration Agency, Swedish municipalities and regions can welcome artists at risk in their ordinary countries of residence to Sweden. [182] For more information, see the Artists at Risk webpage available at: Artists at Risk (AR) Such artists may be human rights defenders, depending on the nature of their work. While participants are not granted a general right to work, they are guaranteed the right to practice their profession. Artists at risk welcomed to Sweden under the programme may be accompanied by their family members on the grounds of the Aliens Act. [183] Sweden, Aliens Act (Utlänningslag [2005:716]), Chapter 5, Section 5, 1 June 2022, accessible at https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/utlanningslag-2005716_sfs-2005-716 (last accessed 14 March 2023).

In April 2022, the Swedish Artist Residency Network (SWAN) had 40 emergency artist residencies available for single artists, groups or families. The network works together with the international “Artists at Risk” initiative [184] For more information, see the Artists at Risk webpage available at: Artists at Risk (AR) (see Section 4.3.2.) and aims to host artists for stays lasting a minimum of 3 months. The artists receive funding for accommodation and an art and production grant.

Globally, there is an ever-increasing number of local government initiatives that protects human rights defenders. [185] For more information see OHCHR webpage on Local Governments protecting Human Rights Defenders

Established in Stavanger, Norway, in 2006 before emerging as a fully independent organisation in 2010, ICORN today encompasses 83 member cities and regions in 19 countries worldwide, including in the EU [186] For more information see ICORN webpage on ICORN international cities of refuge network
. They offer temporary long-term residencies to writers, artists and journalists at risk, many of whom may be considered human rights defenders due to the nature of their work. [187] For more information see ICORN webpage on residents, available at https://icorn.org/icorn-residents (last accessed 14 March 2023).
Eleven EU Member States contain participating cities, regions and municipalities: Belgium, Denmark, Finland, France, Germany, the Netherlands, Poland, Slovakia, Slovenia, Spain and Sweden. In addition, many cities outside the EU are part of the ICORN network, including in Iceland, Norway and Switzerland, which are part of the Schengen area. [188] For more information see ICORN webpage on ICORN international cities of refuge networkhttps://icorn.org/icorn-cities-refuge

The initiative aims to improve conditions for freedom of expression worldwide, by allowing writers, artists and journalists to continue their critical professional and creative practice safely. While conditions depend on the host city and institution, the initiative typically offers relocation for a period of 2 years. All ICORN participants are provided with access to housing and a grant covering living expenses, along with access to public services. Writers, journalists and artists interested in participating can submit an application to the ICORN secretariat, in which they are asked to provide documentation of their work and to demonstrate being (1) in danger of assassination, abduction, physical attack or disappearance as a consequence of this work; (2) sentenced or at risk of being imprisoned as a result; or (3) unable to express oneself due to fear of persecution. [189] For more information see ICORN webpage on residency, available at: https://icorn.org/applying-icorn-residency (last accessed 14 March 2023)
The secretariate supports human rights defenders in their visa applications. The programme is not designed to offer support in situations of immediate urgency, mainly due to the lengthy process of obtaining residence permits. In Sweden, one of the EU Member States where the network is most active, 12 participants are welcomed each year to the 24 cities in the initiative. [190] Interview with ICORN.

Shelter City is a Dutch programme and is already described in Section 4.2. Overall, there are 21 Shelter Cities. Beyond the Netherlands, they can also be found in Benin, Costa Rica, Georgia, Nepal, Tanzania and the United Kingdom.

The Artists at Risk initiative is run by the NGO Perpetuum Mobile, based in Finland. Since 2013, the initiative has developed into a global network of artistic institutions, non-profit organisations, municipalities, state institutions and international organisations to assist, relocate and fund artists who are at risk of persecution or oppression or fleeing war. Prior to Russia’s invasion of Ukraine, Artists at Risk hosted artists in 26 locations in 19 countries globally. Since the beginning of Russia’s invasion of Ukraine, approximately 570 hosting institutions have signed up to Artists at Risk across Europe, relocating and supporting almost 2 100 applicants from Ukraine. Parallel to this, almost 600 dissident artists and cultural workers from Belarus or Russia have applied for support. Afghan artists at risk also remain a high priority for the initiative. [191] For more information, see the Artists at Risk webpage available at: Artists at Risk (AR)

Artists and hosts register directly via forms on the Artists at Risk website [192] For more information, see the Artists at Risk webpage available at: Artists at Risk (AR). Applications can also reach the initiative via its partners such as United Nations Educational, Scientific and Cultural Organization (UNESCO), the Goethe Institute, the Swedish Artist Residency Network (SWAN) and other networks. The initiative works with existing visas, for example, some, such as Ukrainians, can enter visa-free.

Scholars at Risk is an international network of institutions and individuals that works to protect scholars at risk and to promote academic freedom. It offers safety to scholars facing grave threats, notably by arranging temporary academic positions at member universities and colleges so scholars can keep working until conditions improve so that they are able to return to their home countries. Scholars at Risk also provides advisory services for scholars and hosts and runs campaigns for scholars who are imprisoned or silenced in their home countries [193] For more information, see the Scholars at Risk Network website, available at Scholars at Risk Network
.

Scholars at Risk began at the University of Chicago in 1999, and it launched with a major international conference at the university in June 2000. To date, the network has over 540 participating higher education institutions globally, including in the EU (Belgium, Denmark, Finland, Germany, Greece, Ireland, Italy, the Netherlands, Slovakia and Sweden), and the Network of Universities from the Capitals of Europe [194] For more information, see the webpage on SAR Sections in Europe on the Scholars at Risk Network website, available at Scholars at Risk Network
. The European office of the global Scholars at Risk network is hosted at Maynooth University, Ireland [195] For more information, see the webpage on Scholars at Risk Europe on the Scholars at Risk Network website, available at Scholars at Risk Network
.

Civil society organisations play a crucial role in many of the Member State and local level practices described above, from vetting applicants to providing targeted support to relocated defenders. Additionally, a range of human rights defenders’ support programmes have been developed by civil society organisations. These include initiatives such as the following:

The Hamburg Foundation invites politically persecuted people for 1 year. It integrates them into a network of German and international opinion leaders in politics, media and civil society [196] For more information, see the Hamburg Foundation for Politically Persecuted People website, available at Hamburg Foundation for Politically Persecuted People
.

  • The National Programme for the Urgent Aid and Reception of Scientists in Exile (PAUSE) is piloted by the Collège de France and the chancellery of the universities of Paris [197] For more information on Pause, the National Program for the urgent aid and reception of scientists in exile, see the website of PAUSE, available at PAUSE, Programme d'aide à l'Accueil en Urgence des Scientifiques en Exil (National Program for the urgent aid and reception of scientists in exile)
    .
  • The Reception and Respite Programme (REPIT) of the Paris bar is for lawyers under threat [198] For more information, see the Shelter Programme webpage available at Shelter programme.
  • A group of over 20 NGOs coordinated by Araminta has focused on relocating Russian human rights defenders since the start of the Russian war of aggression against Ukraine.

The Ubuntu Hub Cities initiative is a city-based temporary relocation initiative for human rights defenders at risk across Africa, set up in 2019. The initiative enables defenders who have been subject to threats, violence and extreme pressure as a consequence of their human rights work to relocate temporarily within the continent. The initiative is run by the Pan-African Human Rights Defenders Network, known as ‘AfricanDefenders’, which is a network of five African sub-regional organisations [199] For more information, see the African Defenders Pan-African Human Rights Defenders Network webpage available at AFRICAN DEFENDERS
. The initiative has eight official hub cities selected strategically across the continent, with diverse local partners providing individualised support and follow-up for relocated human rights defenders. So far, the initiative has supported 118 human rights defenders [200] For more information on the Hub Cities, see the African Defenders webpage available at AFRICAN DEFENDERS
. Any defender at risk, threatened or persecuted for their work, can apply for temporary relocation with Ubuntu Hub Cities. Risks or threats should be a direct consequence of the defender’s human rights work, and defenders should be able to provide clear documentation of their work and of the risks faced. The main aim of the initiative is to ensure the physical and mental well-being of human rights defenders during their relocation period, while enabling them to continue their work.

The type of support offered includes financial support for travel and removal costs; support in integration; personal development and training including language courses and fellowship placements; and, where needed, psychological support, trauma relief and medical support. The duration and location of the relocation is flexible up to 1 year, depending on human rights defenders’ needs. As the defenders are coming from elsewhere in the same region within Africa, there is usually no requirement for a visa. Should the risk for the defender persist, Ubuntu Hub Cities supports either an asylum application or resettlement to other countries, including outside Africa. In case of risk for family members, they are also relocated. One of the unique features of this programme is the possibility of financial support being provided to family members who have stayed in the country of origin during the defender’s relocation, since often the defender is the bread winner of the family.

The government of Canada has established a dedicated refugee resettlement stream for human rights defenders, with the aim of providing protection to human rights defenders at risk, who cannot return to their home country [201] For more information, see the Government of Canada webpage on Providing protection to human rights defenders at risk
. The programme is a dedicated stream of Canada’s broader government-assisted refugees programme, under which refugees are selected for relocation to and granted permanent residence in Canada [202] For more information, see the Government of Canada webpage on the Government-Assisted Refugees program
. Through the dedicated refugee stream for human rights defenders, Canada aims to resettle up to 250 defenders and their family members per year.

To be considered for this stream, individuals must be referred to the government of Canada by UNHCR [203] For more information see ProtectDefenders webpage on Eligibility Screening Request Form for the Global stream for HRDs at risk
. To reach defenders most in need of protection, Canada is working with Front Line Defenders and ProtectDefenders.eu. [204] For more information, see the Government of Canada Factsheet available at Canadian Resettlement Scheme in partnership with ProtectDefenders.eu Information Sheet and Frequently Asked Questions https://protectdefenders.eu/wp-content/uploads/2020/07/Information-Sheet-ProtectDefenders.eu-Canada-Resettlement-Stream-Global.pdf
These organisations work together with UNHCR to identify human rights defenders who face risks and need resettlement. Individuals cannot apply directly for resettlement or make a claim at a Canadian embassy/consulate. Such resettlement is a lengthy process, and thus is not a solution for emergency evacuation. Individual assistance and/or living expenses are not provided, but transportation loans are available.

Canadian civil society organisations help resettled human rights defenders with their integration into society, including by supporting community connections, and human rights defenders’ continuation of human rights work.