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.

The EU considers human rights defenders “natural and indispensable allies” in promoting human rights and democracy [1] For more information see the EEAS website for an introduction to the EU Guidelines on Human Rights Defenders
and “essential in our constitutional democratic societies to bring life to and protect the values and rights enshrined in Article 2 of the Treaty on European Union (TEU) and in the Charter”. [2] European Commission (2022), A thriving civic space for upholding fundamental rights in the EU 2022 Annual Report on the Application of the EU Charter of Fundamental Rights, p. 3.
Consequently, at home and abroad, the EU and its Member States support human rights defenders and their human rights work, in accordance with United Nations and regional human rights commitments.

Individuals defending human rights, democracy and the rule of law across the world are often subject to threats and attacks.

The European Parliament has repeatedly expressed concern over attacks and threats against human rights defenders and their family members worldwide, and pointed to the obstacles encountered by human rights defenders seeking to lawfully enter the EU. [3] See most recently: European Parliament (2023), Report on the EU Guidelines on Human Rights Defenders
The Parliament has called for an EU-wide scheme for issuing short-term humanitarian visas to human rights defenders and for a more coordinated EU policy on the provision of emergency visas for human rights defenders by Member States. It has also called on the EU to develop a more predictable, coordinated and consistent policy on visas for human rights defenders, allowing for flexible and reactive legal pathways for entry to the EU, including in critical situations.

The European Commission has acknowledged the need to improve the consistency of EU policy in support of human rights defenders, and the need to better implement the EU guidelines on human rights defenders. [4] European Commission (2010), Follow up to the European Parliament resolution on EU policies in favour of human rights defenders
Civil society actors have also repeatedly called for reform of the existing support schemes for human rights defenders and EU rules to protect human rights defenders, including by setting up coherent and clear legal channels to reach EU territory safely and swiftly where necessary. [5] See notably: ProtectDefenders.eu et al (September 2022), Joint Statement: International Civil Society Organisations call for an effective and enabling EU VISA framework for At-Risk Human Rights Defenders

The Council adopted two internal guidance notes, in 2016 and 2020, [6] Council of the European Union (2022), EU Guidelines on Human Rights Defenders – Guidance Note 2020, COHOM 56, COPS 253, CFSP/PESC 635 (not public)
on implementing the EU Guidelines on Human Rights Defenders. [7] For more information, see the EEAS website for the publication on EU Guidelines on Human Rights Defenders
The guidelines and guidance notes suggest specific actions that EU authorities should take to foster a safe and enabling environment and to support and protect HRDs and their work. This notably includes the suggestions to provide support in visa procedures for human rights defenders at risk and to strengthen temporary relocation mechanisms.

Currently, EU law does not provide explicit and specific protection to human rights defenders. Still, this report highlights how 18 Member States accommodate human rights defenders at risk in different ways. Of those, eight have comprehensive programmes in place to receive and accommodate human rights defenders (Czechia, France, Germany, Ireland, Lithuania, the Netherlands, Poland and Spain) and two have been looking into developing similar initiatives (Finland and Luxembourg ), two receive artists at risk (Finland and Sweden), and two have recently created dedicated access to visas specifically for defenders from Belarus or Russia (Estonia and Latvia).

In addition, there are examples of initiatives, run by cities, universities or civil society organisations across the EU, that accommodate defenders and support them in the visa process. For instance, the Cities of Refuge initiative, coordinated by the International Cities of Refuge Network (ICORN), operates in 11 EU Member States –Belgium, Denmark, Finland, France, Germany, the Netherlands, Poland, Slovakia, Slovenia, Spain and Sweden. There are also entities in several Member States that are part of the Artists at Risk and the Scholars at Risk networks.

At the request of the European Parliament in December 2022, this report outlines how human rights defenders can enter and stay in the EU when they need protection. It explains who human rights defenders are, what rights and responsibilities they have, what risks they face and therefore what kind of relocation needs they may have. It then introduces the role of the EU and EU law regarding human rights defenders and describes existing options facilitating human rights defenders' entry and stay in the EU. It also lists existing practices of human rights defender mobility and relocation in EU Member States and beyond.

Finally, it points to concrete ways on how the EU and its Member States could facilitate the entry and stay in the EU of human rights defenders so that they can continue their human rights work in their own countries and communities in the long term.