Tanzania Human Rights Defenders Coalition Meeting October 18 and 19, 2011
Rapporteur Erin RileyLegal and Human Rights CentreOctober 18, 2011
Attendees Include:
Antony Mayunga - Mwananchi CommunicationFarhat Rashid Omar - ZLSC Emile Abubakari Malinza Abdillah Ally DiwaniSweet Dickson - TYG Christopher Kidanka - Journalists for Human RightsMartina Kabisama - SAHRINGO Joseph Parsambei - TPCFJuma Kapipi - Channel TenJabir Idrissa - Mwana Halisi Suzan SItta - TAWLA Neema Olle Ndemno - Human Right Association - Tamaini UniversityAdamu Ole Mwarabu - PAICODEO Jamila Mahmoud Juma - ZAFELA Rose Mwalongo- LHRCHarusi Mpatan - ZLSCKambibi Kamugisha Elias Muhegera - MISA TANMariagoreth Charles - IndividualOnesmo Ole Ngurumwa - LHRCPoulin Kimani, Kenya National Coalition on HRDLulu Imelda Urio - LHRC Hamisn Mmonga - ZLSC Martina Kabisama
With Guests:
Rachel Micholson - EHAHRDP Stephen Gitabi - PDKLaila Kreshi - EU Solange Habonimana - FORSC Coordinator Burundi HRDs ProjectRobina Asiimwe Sentumbwe - Resource Alliance
DAY ONE
9:00am
Welcome remarks
EHAHRDP by Rachel Micholson Eastern Horn of Africa Human Rights Defenders Program having previously defined any individual protecting human rights in a peaceful manner. Founded in 2005 to improveprotection of defenders and improve capacity of HRD and work in 11 countries. Threemain programs: protection of HRD key concern is ensure security of these persons, 2capacity building and training to improve HRD to carry out work safely, 3 advocacy program aims at supporting all work of HRD in the program. Also, we are focussing onthe promotion of national coalitions of HRD, recognizing that if have an understandingwhat is going on at national level and specific needs can react better and coordinateregionally better. Want to increase and strengthen work through national coalition. Wantto take opportunity to think about strategy of the coalition, working on short and longterm directives and achieve a plan of action. What is the THRDC trying to achieve andhow will it get there? Throughout the day, looking at challenges, security managementmechanisms, protective work as reactionary and reduce risk. How to build a coalition,build on past experiences and how to move forward. Goes through memorandum andplan for the week.
Tanzania National Coalition by Onesmo Ole NgurumwaCoalition came up recently in 2011 officially formed when general assembly of foundingmembers met in Dar es Salaam. Coalition nominated and elected a board of directors including Francis who today is represented by Imelda Lulu and others listed on thesheet. Currently has secretariat of two people Onesmo and Elias. Welcome everyonecoming from different areas of the country. Aims to bring together people from differentthematic groups from all regions in the country want those who are marginalized. Want to give assurance to those attempting to promote human rights that they will be protected. Main purposes: 1. build capacity of HRD in Tanzania, 2. ensure they HRD areprotected, and 3. doing some works of lobbying and advocacy to ensure governmentacknowledge work of HRD in the country. Hopefully, now can operate officially now.Look forward to letting HRD defenders know they can work with group and be protectedand have a support group.
LHRC by Francis Kiwanga represented by Imelda Lulu Urio Welcoming and feel at home. Acknowledge that English is a second language and feelwelcome to speak in Kiswahili hopefully with translation for those who do not speak.Goal is to form a coalition to protect HRD and this is an opportunity for LHRCdon’t have mechanisms to protect people who promote HR, can be a dangerous activity and will be at risk throughout the country. We want to recognize that people areimplicated in crimes when they attempted to defend women’s and marginalized person’s rights. Takes long time to go through court system and end up sitting there for long timewithout trial. LHRC are in the front line of protecting those HRD in danger. When find aperson is threatened the LHRC finds that there is no mechanism to protect that personso the coalition is going to be a way to provide that.
Zanzibar Legal Society by Hamisn MmongaThank you for her election in her absence. Welcoming remarks in Swahili. Despite thefew numbers of Zanzibaris hopefully there will be more inclusion in the activities of themainland by Zanzibarians.
European Union by Laila Kreshi Democracy and Human rights are core values of the EU and the protection of HRD is apriority of the EU. Increasingly the world is also protecting HRD, but this progress has been achieved at a high price. Rights have been violated in many countries. Importantto ensure the rights of HRD. The EU missions are the primary link between the EU andHRD on the ground. Important part to play in protecting HRD. They provide periodic reports on HR in countries are working in and stress the importance of preventing risk ofHRD. They give dialogue to the EU as to where there will be action by the EU onissues. Now have a local implementation strategy in Tanzania to encourage coherencein strategy on protection of HRD and have regular meetings sharing information andincluding all views on the local strategy. Being present today offers an opportunity tolearn about concerns and views of how the EU can strengthen local implementationactivities. Take opportunity to inform about the mechanisms about support from the EUfor HRD, EU instrument of Democracy and Human Rights gives funding for promotionand protection for HRD and check website to see call for proposals. Can count onsupport of EU in THRDC in achieving its goals.
9:30
Introduction and Housekeeping
10:00
Security and Protection mechanisms in a coalition setting
by Stephen Gitabi, PDK
When a person is an activist for HR, are automatically challenging power. Where ever
are challenging power, the risk to that defender depends on the political environment.
We encourage HRD to think about their security. We separate security from protection.
Security is what HRD can do for themselves and protection is what others can do for
HRD when they are at risk.
The importance of security measures:
First, I will address security. Most of the times HRD go out into the field to fulfill the work
of HR without thinking of their own security, but each person needs to first understand
who you are you working with, what environment are working in, who are the
stakeholders, who are supporting forces, who are opposite forces who can bring risk to
you, who are the unknown forces whether they support you or not. This analysis brings
forward the ability to make an informed decision; can you do the work you want to or
not? What measures do you need to put in place to protect yourself; what is the level of
risk? While the level of risk is unknown exactly, you can understand whether it is high or
low. You must know the depth of it and break it down. Risk has its own components,
external with direct and indirect. Direct risks to HRDs include the probable threats that
another HRD in doing work in same area will face risk. Also have indirect risks; there
are vulnerabilities that HR Organizations have that expose them to risk. Also have
capacity issues to consider such as what strength do HRDs have to deal with the risks
are facing. HRDs have to improve their personal security; you must have more
capacities then vulnerabilities to bring down risks that you have. To do this HRD musthave some measures. Need to put these together in a formal way and have security plans or measures that mitigate risks that face in the course of doing their work.
What is a security plan:A security plan is a set of rules that a person undertakes after they understand the risk they face to both prevent potential risk and, also, make a plan to react to the risk if ithappened. Risk is external and can still happen despite the measures taken. Thesesecurity measures deal with issues of day to day work, what measures can you put inplace to deal with risk that you face. What measures can you put in place. SometimeHRDs leave the office and no one knows where they are going. One example of asecurity measure is to have a system where call every one hour to a collegue while youare out in the field and have a plan if that person does not receive your call. This prepares you so someone has your back. Other steps include office management,information and IT such as from victims and witness, how do you deal with that information to protect yourself and that victim you are dealing with. Other measures insecurity plan include reaction protocols where you include other stakeholders. Approachstakeholders and talk to them before the risk happens to understand how they can helpyou if are facing a risk; how can the EU help you? Don’t assume it will automatically have understanding after the fact. If an organization knows who the HRDs are beforethe risk, what they are doing, what they are doing to prevent the risk, then the organizations can have an understanding of what and how people can help. There are many types of stakeholders: 1. a HRD and the people are working with, 2. duty-bearer stakeholder the state who has a duty to protect, 3. those who influence the duty toprotect such as international mechanisms (UPR process). These mechanisms are noteasy to implement because you need to change laws, perceptions and culture. But,need to see how best can they be implemented without people coming into harm’s way.
Understanding aggressors as part of security:There must be an understand that aggression to HRD does not come automatically. A person aggressing against a HRD needs some level of impunity, certain settings andthe culmination of certain number of events. We need to understand what can lead to aggression against HRD and develop measures to prevent that, then we will havesecurity in work that we do. Mainstream security and make it part of the work you do tomake part of the working environment.
In Kenya, we have risk assessment and security management training that each personcan use in their own context to bring down risk. DPK also works with networking withother stakeholders to see how Organizations can help each other prepare own security and prepare for risks will confront with each other, is an ongoing process. Before gettraining, understand the context. Will work together and work with all willing persons who want to work to protect HRD. Hoping the coalition can do trial observations to seewhether is there is fairness.
10:30
Human Rights Defenders in Tanzania: An Update of challenges and opportunitiespresented
by Tanzanian Coalition member, Elias MuhegeraWhat is the situation of HRD in Tanzania at present. Looking at what we see is that wehave challenges and opportunities on how we can operate in existing situation. If look athow HRD are perceived, legally the legal framework is weak to deal with them. There is not enough investigative journalists, legal framework is weak and there is corruption inthe legal system. These are all a hinderance to protecting human rights defenders. If welook at politics, we work within a powerful hegemony of politicians. These politicians think that HRDs are supporters of the opposition and they act negatively toward theHRDs. Politics at the centre stage of all life in Tanzania. One cannot demarcate who is apolitician and who is a businessman in Tanzania. Business is used as an entry point topolitics. It is difficult to penetrate work freely without intervention here and there. Socially, we have problem that have cultural traits and stereotypes that HRD are perceived negatively, like working with minorities. Lack coordination working againsthuman rights activities. Attempting to work with accepting people for who they are andwelcome them into society, this is a problem. Politics and business are combined, lack of transparency, ultimate goal is for politicians to protect their business like mining inTanzania in North Mara where there are violations of HR and this is used against HRDin order to silence them. Investigative journalists, HR NGO’s, University Studentleaders, HR lawyers, HR in rural areas, Indigenous leaders are all at risk and arebiggest supporters of HRs. Going through transformation, and have hope with organization between stakeholders including the media. Seen recent that rare actions taken by government, such as the program of corruption with government and they hadto react immediately because there was so much noise from media and HR activists.
Recommendation: build capacities for HR through training networking and cooperationto enhance framework for protection of HRD. Need to share experience of HRD in Tanzania, regionally and all over the world.
BREAK
11:30
Lessons learnt on HRD Coalitions-the Kenyan Experience
by Poulin Kimani, Kenya National Coalition on HRD
Coalition creation at 2007, started when the EHAHRDP had ameeting for all HRD in Kenya to get together and evaluatewhat the activities of the EHAHRDP meant to us as HRD. Had representation all of Kenya geographically as well as specialissues groups and identified the different things that werebringing people together. Some of the things that Kenya as anation was struggling with are historical injustices. Since independence, land has been grabbed and divided by politicians and the elite at the expense of the people. It was also an effect of the economic strategies at the time. The group recognized through their discussion that land is a hugeissue in Kenya, and had there are also gross violations ofhuman rights targeting women and sexual violence againstwomen speaking about their rights, as well as arbitrary detention of activists. Every year that Kenya had elections 1992, 1997, 2002, 2007 there was always post-electionviolence, it was only amplified in the last election that raised interest of the internationalcommunity and got attention in the media. Getting together and working in an area thatsince the birth there was historical injustices. All HRD were fighting for equality, land,justice, representation of minorities, also want to incorporate all areas of Kenya. Thereare two areas of Kenya, one is the cities, the other is the rest where your citizenship is question, are you Somali or Kenyan? Then the police become insensitive to how they deal with human rights in that sense. These are the problems are sharing as people inKenya.
Also realized things that as a community they had that were benefits. Kenya had a well-organized civil society. Have well represented communities and had a lot of supportthrough the international community. Had a lot of will power. Initiative had already begunbefore 2007, EHAHRDP, EU, British Commissioner’s Human Rights project and a lot ofgood-willed people who were coordinated to support human rights. In acknowledgementof what the faced and what they had, they realized what the situation was unique. Hadrepresentation that was full from Kenya, interest from Special-interest groups.
Lesson one as unity:Also realized that had own internal interests, thinking and principals as well as thecommon interest. Had to have an orientation on what they feel so strongly aboutcombining but also what are those differences. Aired the conviction to get together, butquestioned also this reason for uniting. Aired common thinking about each other,prejudices, stereotypes. Lesson number one is unity, which is not unifying in the sameway for every group. In building the National Coalition in Kenya, asked how are going tounite. Each person with their own vulnerabilities had common ground, the risk to HRDs.In identifying the organization as activists realized can’t always seek support from organizations because not all people were members of organizations. So decided anorganization as a base was the way to go.
Lesson two as Security:Came up with the idea that the coalition is the one that would ensure the security of thepeople, by training and ensuring people understand how to protect themselves. Sawthat the EH had already a program. Understand that are working towards forming thecoalition but the entity itself is a safe one to work in. Lesson two was learning security individually but also within organizations. They represent all areas of Kenya, but alsofive special interest areas: hunters and gathers, pastoralists, LGBTI community, disabilities (including people living with HIV/AIDS) and women. Realized that many positions of power are men with background with power. So the special interest groups are supposed to help the coalition adapt to differences and understand where peopleare coming from. So can know what does “cultural rights” mean to each person.
Third lesson is indivisibility of all of Kenyan rights:We cannot that are all the same, that all understand each other, but can help each other get to that point where understand each other but give autonomy to speak by oneselfand empower each voice to speak towards making the differences that are separatingeach other be minimized. Talk about human rights, what does that mean for eachperson. Means have to question of a lot of current beliefs.
Structure of the organization:Have a trustee that has four people, and an advisory committee representing eachgeographic and special interest area. This committee informs the trustee which reports once a month. They illustrate the patterns of human rights violations and the security,but also inform trustees what the priority areas should be. (2007-2008). Have no secretariat as each person is a volunteer and has another job and is not a lot of energy.Also had issue of conflict of interest as the person on the position of the trustee whichalso has also the representation for the sexual rights, and women community. How canthis person have both roles. Need to delegate and have less roles. Are people there toimplement, make decisions and is that good for them. Question of creating a secretariatcame up because had issues. Asked assistance from INLUP(?) to institutionalize their process from infancy to mature organization. Needed a host organization to assist.KHRC came a lot of opportunity that could have a physical space could refer people ot,and have a sense of a secretariat and had technical assistance .Creating thesepartnerships had challenges of autonomy. Are getting together to have voices heard tohave liberation but in founding coalition need support and what kind of support are wegetting, is that support giving us autonomy? Can stand on own feet or do we need to besupported for twenty years?
Issues with partnership:The KHRC was deciding issues of the new coalition. Most of the planning was donearound one or two people with very little consultation. Issues of integrity came up: whoare you to make these decisions and what are you principals, must have integrity tomake decisions on people’s life. Question of accountability came up, who is accountable to who, what is the relationship between membership from one organization to another. Question of people struggling to be heard in the coalition. Whatdoes it mean to protect other peoples rights and cannot ensure own rights are protected. Running activities ad-hoc with little organization and minimal communicationbetween members.
Finally came up with memorandum of understanding: to what extent would KHRC beworking together with the HRDKC. They are separate organizations, one helps the other but does not form any part of the organization, defining the partnership and how longthe partnership was going to last with a deadline of 1-2 year. Also clearly stated thatKHRC was a fiscal sponsor that received donations on the behalf of the organizationand would distribute to the HRD. Are still at the KHRC until the last meeting a monthago and the partnership is still a negotiation. When look at the future what do we wantto do, look to people with experience, how can we get lessons from other organizations.In the memorandum of understanding to KHRC had to reverse trend. Had a lot of support from EHAHRDP had training and management assistance to make sure thatcapacities are developed. But this whole process had some issues.
Challenges as an Organization:Had realized that were issues in the way were working because realized no one personis responsible for resources and organization of activities. Couldn’t ensure that peoplewould know about meetings so how can be accountable to community if do not includeand communicate. Trying to reduce differences. Have grassroots then advisory committee then the trustee. The trustee should be held responsible to be sure thecoalition is functioning responsibly and that things are put forward in the AGM are putforward in the next AGM. Smart choices came up with after forming technical committeeto see what Coalition was doing, 1. what does unity mean to us as organization now?what does it mean that certain groups have bonded and can speak on behalf of eachother? 2. in understanding indivisibility of human rights, we also need to be very realwith self. Fact that don’t understand a pastoralist means that is upon you as a HRD tobe aware of these differences. If are only there for your own cause then are not really free.
Lessons learned from experiences:
1 Take time to learn about what I don’t know to learn about what are not exposed to. Behonest with the way people think, speak openly with each other.
2 Transparency, are struggling with knowing who is responsible for reporting theimplementation of the program at the AGM. Very big mistake. Not coordinating all theefforts so people did different projects, there was not a straight up clear responsibility given to anyone, but also there has been an unfair power-sharing in the organization.Each committee does not know what each level does and do not know what donors think. Do not have communication between them. And need information that is the same. Everyone must have access to information that is available. All HRD needpublic information form the Coalition.
3 Equality in the organization and voices heard are all equal and recognize differentrepresentation.
4 Accountability need to be very clear about from the beginning. The coalition is introuble because the accountability is not clear. How do you know the receipts arereal, the activities are having an impact.
5 Integrity. More and more get lost at what point seek justice and what point they believe 100% and at the same time not be able to use those principals with how they areas leaders of the HR movement to practice what are doing with their work.
12:00
Plenary/ Discussions
• Question from Adamu on fighting for equality: You indicated that have a new constitution that are about to amend how did you participate in the process of draftingthe constitution with taking into account the participation minority groups and indigenous peoples.
Answer: writing a new constitution has been going on for a long, long time inKenya. Kenya has been ensuring that all levels of Kenya community would berepresented at all levels. Groups wrote letters to experts who were writing theconstitution so they would use language of the public. Invited them to offices, hadcoffee, all informal and formal ways to ensure voices are being heard, whichmeans taking own time to meet with people don’t agree with so get voice across.Had two people in the committee of experts that were open to discussions oninvitation. Also went around Kenya to ask questions, but it was not perfect. Oneletter written by the Gay and Lesbians addressing a provision in the constitution onidentifying themselves was said they didn’t receive it. Try and learn diplomatic language so can get what are asking for. Huge confusing when applying aboutlanguage, have to have constant follow up, see if they are using it and hold them accountable.
• Question from Adamu on the issues of land that you suffered historically, how did youmanage to put all these issues in the new constitution?
Answer: trying to decentralize power. Everything was in clusters. The cities hadpower and major developed local towns have a lot of power because of their economic strength. Must understand relation between value of the land and thereasons there is a struggle. Know that politicians have vast amounts of land.Local people are forceably trying to reclaim land. Legally reclaiming land has its own challenges. Some communities are using the fact that it was grabbed anddivided for all the people for so long and they create a dialogue and thecommunity itself tries to find a solution. Happening in North Eastern Kenyasupported by NGOs that came from the will of the local communities to avoidshedding blood. Understand why are in that position: it was grabbed. But it is ongoing process. Our people are going to war so often because it is a rush tofind a solution for land issues, but before resorting to such violence we have tothink of what is the reason this land issues about come about.
• Question from Jabir Idrissa: Interested to hear from you are you united in Kenyaconcerning the journalist charged there, don’t care about politicians, but the journalistin Kenya who is charged, are you united as HRDs on what is happening to this guy?
Answer: issue of determining whether the suspects have a case to answer or not. In a complex situation. Do not believe that the rights of any of the suspects of the violence have been taken away Whether there is an indication that the rights of the journalist have been violated.
• Joseph: how did you as a coalition reach its objectives with the guidelines from the EUguidelines on Human Rights Defenders, can Tanzania use these guidelines as well.Clarified by Stephen---drafted in 2004 by all EU members states in line with all UN2007 on how EU will recognize HRD in each country and will assist them. How is implemented is sitting down with a mission in each country and identifying people.Maybe get familiar on how this is done, what are those guidelines.
Answer: Uganda had a vigorous process, Kenyans have talked about what they feel about the guidelines. In last couple of years have noticed that there is interest from the west and north in Africa. But mostly for the financial exchange that is ongoing. From any support that comes from the west discussion that there should be a conversation about why the money comes. In Kenya is an ongoing process but Uganda has a dialogue. What relationship do you want with the Northern countries? The guidelines are very clear on what they think human rights are and what they can and cannot do in situations of rights violations.
Should sessions be recorded?
Poulin Kimani, Kenya National Coalition on HRD: With getting together last year whatwere the issues that al felt very strongly about then and how is it different/same from last time met.
Answer: Yes that is no problem.
Answer is a Discussion by members:
Elias Muhegera: As long as HR violations still exist it is important that this body is stillhere. Have a problem of corruption. If we work together as lawyers and journalists wecan shame the work of these institutions. Still have these beliefs in witchcraft, there was an attack recently. If these issues exist must work to amend the situation. Also have theissue of land grabbing, must make noise to attract observers, voices from academia thatsupport such things. Have violations against miners and other working areas, especially North Mara, so have strong necessity of a coalition.
Christopher Kitanga: Defense of human rights defenders and an individual person has to defend themselves before they seek for elsewhere. Must capitalize on defense butalso protection without forgetting it. Sometimes have good training from EHAHRDP. Ifhave training of trainers is important so have people in coalition who can go out andtrain HRD here, giving them steps to take.
Emile (In Swahili): This is a rare opportunity that has come at the right time and want tomake use of this opportunity.
Onesmo: The previous speaker is coming from Southern part of the country, wherepeople are being evicted from their land or are fighting human rights. Then there arehuman rights defenders who house those individuals in their homes. They need protection, they are acting now and where else will these people go. The previous statement was saying that in this southern part of the country there are pastoralists andhuman rights defenders are being intentionally arrested. There is an MP is legally arrested and implicated because he defends issues of pastoralists. It is a rare opportunity that these pastoralists are seen as part of the country.
Jabir Idrissa: Have to believe that what are doing is the right thing to do. Is a difficult doto defend peoples rights but it is a necessity that do it and do it aggressively. Thesestories are real stories from these areas of the country and think we have to be unitedand have to use our conscience and be so active in this job. People are suffering in thein the village. This MP that was arrested is part of the ruling party. You can imagine ifthis happens there. There is one MP in Mwanza and there is record that he paid to havesomeone to kill somebody and this man is still free. Politicians are not our friends andwe have to be careful. As a journalist, I hear many stories. Right now hear stories aboutpastoralists who are being threatened for keeping their livestock. One woman says sheis authorized to take all people off of the land they reside. Anytime these people will beremoved. Are trying to play our part in Dar es Salaam. Many calls come in and we mustbe serious and must work hard. We are waiting for a strategy plan and whatnot to getstarted for funding so can really do the job. Tanzania taken by outside world is peacefulcountry but on the ground, we have to cry.
Rose Mwalongo: in Tanzania the media is one of the most vulnerable people. I’ll speak of the media as I’m one of them. Whatever we write and whatever we say is stepping onthe toes of politicians. My collegue comes from one of the more controversial papers inthe country. People in that paper are not sure if they are safe. They fight tooth and nail. Iknow several people who are in danger, this man here has been running from thepolice. The police shot a man and killed him and didn’t want it reported and because ofthat the people who are supposed to be protected are being the hunters. At the LHRChelping the marginalized are also at risk. Recently had a story of a guy who was arrested by the police and they put acid in his eyes and then let him go later. I wroteabout this then people come looking for her. But I keep writing and finally put my nameis it. Had connection to the LHRC. I went to the IRP. Yeah they keep telling me I’m indanger are you aware of that. He was shocked at least. If you know someone is a witchand is bewitching your son you give them your son and tell them to keep him safe. Youhave sometimes to trust a person then they turn around and tell someone else on you. Itis about time to be more active and more careful.
Martina: I do not think you will hear another female large voice, I just have a regular voice. Issues of human rights defenders of security and of fighters of Tanzania has very long roots and long stories. They are not new, not just since independence there were alot of people who perished and not even a way to know where they are as they werefighting for human rights. They say it is a peaceful country, i stay quiet because we arehypocrites. We fear to say the truth. Those few that say the truth we know where they have ended. We pretend we belong to the ruling party because we fear what willhappen. In the 90’s we had a paper, those people of that paper if your remember theend of that paper was because of the story they printed. They wrote and researched this story. People liked this paper, it came out once a week. This man who was killed in avery awkward situation. This person was killed as a human rights fighter. Vicky cameout with the research about the people with skin disabilities, she had to report withoutbeing seen for a long time. She is now wanted. If she comes out she is wanted. Wehave these kind of stories and how long will stay quiet, because these few that are, weknow what is happening to them. We work in HR organization but when we meet wefear of speaking of realities. Have double task of reporting and encouraging people tocome out but need an alternative for their security. Need a strategy to build humanrights security.
Adamu: I would like to join the women and the men who spoke. When I was a youngboy taking care of my fathers I used to have dogs. I remember pastoralists from other families developed a habit of fighting with boys from other families. We would convincethe boys to fight. For my own protection I kept dogs to protect myself. One dog was killed by a Black Mambo. I said I will find another dog. I found a one I named Simba andthat dog helped me be safe because they kept the boys away and was safe. When Icame to this coalition, I found this is important because we are at the front line. So whois defending us, we have a lot of issues to address we need a lot of strategies. But firstunity is very important because I remember in 2007 I went to Mbeya to see this MP wespoke of. He is a good friend of mine,. I interacted to him to run because he spoke for pastoralists on forceful evictions. I had only one pair of clothes and only money to getthere to talk about the forceful evictions. I was safe this time staying with people in thecommunity, but these were traitors. The commissioner of that area then said “I want this man in my office”, about me and I had to contact an organization to send me somemoney. I was sent money to get training in Malawi, was sent money for traveling. Hewas safe then from the District Commissioner who wanted me in her office. This coalition will help us in the field. In our district there are a number of issues such as extrajudicial killings and land grabbing. On 21st of September one was killed by police.When we asked why they said because he was stealing cattle but there was noevidence of this. The boy was innocent. Again, 7 days ago another boy killed in Selous he was with cattle and found himself in the game reserve. They killed all the cows andshot him in his sleep. When the community mobilized they refused to let them in thegame reserve. One of the man say Tanzania is considered a safe country many peopledon’t believe you. We suffer under the blanket of being seen as a peaceful country sowho will protect us so we can protect others. So this coalition is very important andshould put all of our strengths into making sure the goals of this coalition are realized.
LUNCH
2:00
Update on the Tanzania Coalition
by Paul Onesmo Ole Ngurumwa
Updates on the Coalition at this moment. The coalition is under the Legal and Human Rights Centre. Wehave a board of directors, we havethe coalition action plan which we need to work on and modify and howwe start as a coalition. As well, as acoalition we have members who are founders and associated members. We made sure that no one is left out and make sure all groups are represented. I hope at the end of theday we would resolve this. In the constitution there is a secretariat, butwhat we have to establish in these two days is that we have to have regionalrepresentatives for all regions in Tanzania and Zanzibar. So we need to elect theserepresentatives by the end of this meeting. We have a challenge to work quick so thatearly this year the coalition starts to operate, but we need to be well organized. Needprecise action plan with all the strategies and activities and if possible outcomes of whatwe want to do. All this will be done in the next two days. We are working on how it canbe registered, and have contact Ministry of Foreign Affairs and Social Affairs. Whichamong the three will make our registration as quick as we want to come to register thecoalition to officially launch coalition registered. We need to have a logo as well, andwe need to consult people to modify the existing logo. Even if are hosted by anorganization it is wise to have own logo and our website. This is upon ourselves to do.
I would like to you look on the three objectives of the coalition to expand them andcreate strategies on how to be achieved. First objective is capacity building and empowerment. This is the first objective before we can proceed further. The coalition is new, it must be empowered and members must be properly trained. Resource mobilization is very important, need to get experience from Kenya and EHAHRDP if we can get two pages from EHAHRDP and invite members who are not here to be included. We need a code of conduct for deliberation. We need a tool document for HRD before you give them admission. The second objective is protection, make surewe work in a safe environment. This needs organization. The third objective lies onadvocacy. We need to get government officials recognize the work of HRD and cometogether with HRD to see what the working environment of HRD is and make it better.
Another issue to consider today is that have our chair person of the board who is currently also the executive director of the LHRC. If they are from the same organization, we may have to vote for another chair person because there is a possibility that he will not be there much longer. Will resolve matter in the near future so will consult with him tonight and decide tomorrow. From today whoever wants to join,prepare some of the admission or membership form so we need to approve the form by tomorrow. Later will come around with a sample and we will approve the copy tomorrow.Must agree at the end of the day that the members who are not here will be members ofthe organization, then whoever wants to join then have to fill in a form. Also, look at theconstitution and want to make revisions then bring those forward today. Day after tomorrow it will be a working document and can take it to the Ministry for registration.
3:00
Plenary Discussions/comments
Should the board be made out of automatically the heads of the organizations,LHRC or Centres, do you represent your organization or represent yourself?
Head of ZLHRC: Need to talk about this seriously. Need to put in the program to takethis matter seriously.
Rose Mwalongo: My understanding is that each organization should have a representation on the board, has it changed?
Rachel: As the coalition expands will have growing number of organizations so theboard would expand is this ideal, what is the ideal number of board members?
Christopher: there are 17 representatives so if each one is represented that means 17boards and that is a lot. There should be an odd number for the purpose of voting.
Onesmo: Elected nine board members from organization was voted on because thecoalition is young and will need support of the other organizations. By starting this way we need people who are leading the organization who can sit so can assist in securing resources for the coalition. If we give people the chair, hopefully they will assist that thecoalition will operate. This is not written anywhere, it was a decision made last time thatcan be changed, but that was the thinking. For the coming three years, we can consider that these people heading organizations be heading the board of directors. After threeyears we can then leave the opportunity free for any individual be on the board. I hopefor those who were not there, we have those names. Need to discuss at the end of theday are you comfortable with these people that are the member of the board.
How do we want the regional representation to be and divided up: What are thethematic issues that want the coalition to address to ensure is representative?
Joseph: if I remember the first time we were seriously concentrating on thematic groups,when I look at the board of directors it includes journalists, women’s, pastoralists so Idon’t think it is high time to be sticking on this as issue as we have already agreed.Maybe better if we pick along with the thematic groups then concentrate on strengthening coalition, then concentrate later on making it better. Probably better tohave small board, then really good thematic groups.
Onesmo: What are thematic issues the coalition are talking about now. We have a group of journalists, a groups of pastoralists, groups of minorities, women and children.These are the four groups are working on and still have to work on them day by day. Ihope this is clear on thematic groups that you have. Question from the floor: What is aminority and what does that involve? Answer: Are in sense of each group that is strivingfor its right for visibility in the country. For example NWT(?) but need to discuss further how to make sure work that will not compromise. Among pastoralists and hunters whoare majorities but also minorities such as the Hadzabe who are hunter/gatherers. Needto seriously deliberate on how this can work effectively without compromising the operation of the group.
4:00
Working Groups on the National Coalition-the way forward BREAK
5:00
Presentation of Group Work
Advocacy Group
First thing is to identify main issues in advocacy. Main issues are problems with landgrabbing, gender-based violence, corruption, governance from local to national leveland poverty. In dealing with these problems must prioritize them and identify coreprograms first then look at the reactions and the environment of the situation. How arethe actors reacting to what we are saying and propagating. Then have to look at shortterm and long term strategies, to build capacities to make advocacy a success. Nationallevel have to create awareness among the people which means have to form a strongnetwork of coalition, to identify members that can work with us and deal properly withmatters identified. This is also to do with information sharing and influence other peopleand institutions such as religious leaders, CSOs, media to build links and networks inorder to attract the legal framework in the country to support the cause as HRDs. This is also to do with organizing other HRDs, we might know each other but there are more.We will create database so we can share issues in relations to HRD. After that, theissue now is human rights defenders what are we protecting and defending, have tomobilize and educate, do publicity campaigns, brochures, publications, call for supportfrom policy makers, and make documentation and produce biannual and annual reports.Coming to regional level we have to identify the stakeholders. Make a linkage and closenetwork with other bodies dealing with HRD. then at national level must use the UNmechanisms, Amnesty International and recognize workable instruments, Conventions and treaties and bodies that Tanzania has already ratified. Including:
Convention on the Rights of Persons with Disabilities, 2006
Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2006
Convention on the Elimination of All Forms of Discrimination against Women, 1979
International Convention against Apartheid in Sports, 1985
Convention on the Rights of the Child, 1989
Convention on the Prevention and Punishment of the Crime of Genocide, 1948
International Convention on the Elimination of All Forms of Racial Discrimination,1966
International Covenant on Economic, Social and Cultural Rights, 1966
• Question from Stephen: How will this be coordinated still has to be answered. Who will do the advocacy work:
Joseph Answer: it is a very big task and in will need resources. Need to do at threelevels, local and regional, national and international levels. How we start this willneed more time then just two days. Maybe have some people can put it into formallanguage and a division of tasks. In the local area must identify all human rights defenders who are invisible and must do this through the thematic groups. Need tohave everything written down.
Question from Rachel: Are those the main issues the coalition would work on or is that the factors that the HRD are working on, is the coalition working on issues onHRD or on broader issues as well. Is the coalition to work on human rights issues or human rights defence.
Adamu: identification level where we would have our database, will have membership form tomorrow and hope all these groups you have mentioned willjoin the coalition and from there we will look at the issues and mentioned some ofthe issues but after this we may get more issues to be addressed and for thequestion from Rachel, we are still defenders and will continue on our thematic areas and the coalition will be level-based.
Elias: they must work together, the HRD are not going to replace the work that HRactivists have been doing but will work in cooperation with them.
Onesmo: working for HRD as a coalition, we are not working doing the job of other NGOs but working for those people. These areas listed are those who are normally targeted and find people who are at risk. Therefore the coalition has to focus onpeople working in those areas and not focusing on those areas ourselves. That is our work.
• Question from Stephen: Identified the issues but not really the how. How will this information be coming from human rights defenders to the coalition and back downwards.
Answer from Rachel: When developing advocacy messages must have a way todecide what the coalition’s key message is and what the guiding principals are butmaybe need specific messages on specific instances and may not be practical togo back to the coalition every time to get a consensus. Maybe have agreementbeforehand on what the views of the coalition actually are. May be in contact withthe EU missions, need to know who is the spokesperson for the coalition and whocan answer. Suggestion from Joseph is a sub-group working on advocacy, wouldthat work?
Answer from Poulin: Small example of a legal example of what happened inKenya. We were very clear on the issues we had to work on and expressly thecoalition in Kenya works only on HRD and not advocacy on HR themselves. Alsohighlighted areas in our country that had a pattern that had formed and that hadcaused HRD working on those issues more vulnerable and highlighted them tomake it easier to know why are doing this and how. For instance work on hunters and gatherers and people working in that area and do that by increasing capacity of the activists already existing on the ground. By increasing security and capacity training. The coalition does not advocacy on HR issues but amplifies the voices ofthe HRD and by doing that has increased the voice of HRD.
Proposal from Stephen: Can get working group on this matter, whatever they get giveto each of us to see if it is correct and they will bring it to the group and then see if we approve. AGREED. Chair and also, three other people. Rachel is a resource, and will work tonight and present tomorrow.
Capacity Group
Discussed that coalition to have capacity of the trainers and this can be done throughthe East Horn so that they can help us. Building IT can have a database and can have arepresentative, have five zones, east west, central, northern and southern and eachzone has at least one representation. Strengthen the national coalition of HRD, they should have an office and have time at least of three years. Resources mobilization for purposes of protection and defence of human rights in Tanzania decided to haveproposal and will regional forums directors to have at least four meetings a year.Regional representatives to meet four times a year. Development of common ethics for HRD having these a code of ethics that will help. If someone wants to be a member willshow the code of ethics, and if will accept can be a member but has to do that tounderstand. National and international level through regional zone representatives they can help to work with the village levels and get rural people developed. Get enhancedefficiency can have training activity on security.
• Question from Stephen: did not hear of timelines and how will they get zonalrepresentatives, are they in the room or shall we get them.
Answer: As a group we can get zonal neighbours here who can go back and find arepresentative in their district.
• Question from Stephen: In these zones where is Zanzibar?
Answer: Can have more than 5 it is a roadmap. Just additionally, we did not touchthat issue. Think we have to have a small secretariat like we have in Dar es Salaam, we have have two or three people in Zanzibar coordinating the district andcombine with Dar es Salaam.
Question from Stephen: Would like to hear once we have these reps how often willrepresentatives be changed, how long is the mandate how will people on the groundknow that is there representatives and make sure all the time the reps are doing thejob assigned to them.
If we have these representatives and they can go to their own zones to tell peoplewho they are and what they do.
Christopher: also HRC has monitors and paralegals at the district level and other organizations who have on the ground workers and we can use those people tohelp us sort out such people and the method of communication to the secretariat.
• Question from Stephen: How many people are from the east zone: Morogoro andDar es Salaam. Do we have representatives from all regions here?
Onesmo: suggest this, that we are defined zones not necessary in a way that wethink of them, not necessarily the way the map is drawn. Can figure out a differentway to draw the map. Need to come up with a definition on how we define zone.Lake zone for instance, central zone then can come to Northern, southern, or Zanzibar. Take suggestion so can work on that and come up with a solution. Whenpresenting issues say those zone representatives can choose people in their areas, have to have people who are training and true members not other peoplewho is working as a representatives unless we decide to have it now in our constitution. We may put ourselves in more risks then we want to do. Should avoidto give them power to appoint more people but have them as a conduit for information in that region.
Emile: Another suggestion, instead of wasting time of naming zone don’t need tohave geographical boundaries just have five zones and name them 1-5.
Stephen: Need technical team to cluster the zones so that they are representativeand realistic.
Rose: Difficult for person in a region in one to identify issues in another region
Stephen: Who do we assign the initial role of clustering and decide whether it is workable. We will use the same group that did capacity. Christopher, Emile, Jabir.They will submit and will see whether it is working or need more time.
• Question from Rachel: How often do you plan on having general assemblies would itbe appropriate for the representatives to be elected at the general assemblies?
Stephen: Have them from now to the next general assembly from this group but inthe future what will be the next format.
Onesmo: In the constitution the training for these people as regional representation, have to sit for three years.
• Question from Stephen: Do we get the names now who we want or have the regions first?
Answer: Regions first, then will decide then roles will be decided.
Security and Protection Group
This is one of our main tasks so what mechanism will we use. First, make sure that thecoalition comes up with issues of security management make sure we have a manual ofsecurity management. Can’t say we protect people without this. From that point we go down and see following all the principals and procedures that have to have to ensureHRD is properly protected. Today, if someone is at risk, after having manual and policy as a coalition have to have a certain focal person responsible for protection and have acertain desk that will be working on issues of protection. Have a person of first contact,has to be regional representative. then on to protection desk focal person. Then from that point, that officer has confirmed a meeting to share with the secretariat and then willdecide on how to intervene. The information shared but be intervened within 48 hours. Must see the person is either protected or see that they are safe, had legalrepresentation if in jail, or can discuss involving the media by giving out press statementto make sure is known public to mitigate risk. If gets worse, then can evacuate person.That will be the work of the protection desk in coordination of regional representative.Then after all this, have also to engage other organization that are forming the coalitionto see whether they can assist us with resources. Before we can do any of this we needresources. Cannot conduct a quick fact-finding mission without resources. We have nofund to assist with. At the same time to ensure protection, issues of security management policies has to be not only issue of coalition but also our member organizations that they have a good security management policy as well to reduce their vulnerability. Have some HRD organizations that do not have guards etc. If there is acase that is in court that involves a HRD, a protection desk officer has to make surejudicial proceeding is well monitored and is fair. This is the best way to improveprotection mechanism and need to work together now to see if this is an idea improvemechanism.
Discussion:
Joseph: Thinking that when Onesmo was saying about the time to rescue person atrisk, the time duration should be clearly defined in article of association depending onthe situation. Do not need only to wait until those in Dar es Salaam to identify issue anddecide for an issue in Mbeya or Mara, need database to know who will be able torespond before expire of 24 hours. If have properly designed database of HRD in thecountry. If we have a consolidated fund. Since talk of rescue then do not need to wait until risk has arrive. Now the role of the coalition is to make sure have agreed to do thework make sure we have consolidated funds to address these issues. Need to respondimmediately and have resources to do so. Need to develop security plan for the coalition and the kind of, how to we react immediately, do we have an emergency number and not take too long to respond but will depend on situation. If person is athand at police, then assume is in safe custody, but if person has disappeared then mustrespond quicker. Did not hear about a membership fee, we have discussed about it andmust be implemented as quick as possible. And need to raise that consolidated fundimmediately so we don’t have to think about resources when events happen.
Rose: Idea of coming up with people for representation will help with the “helping in 48hours” because regional representation will be in reach of people so that can getinformation quickly.
Rachel: Funding is the need to map out the different emergency funds available to us sothat we do establish a consolidated fund as soon as possible to respond to protectioncases but also see what other partners can do as well and what resources are availablefrom those sources as well.
Joseph: In Tanzania have a legal principal that if someone is arrested, then someone is not taken to court within 48 hours there is an injustice in delay. The delay of protectionhere, depending on the situation is unwanted. Must do what can be done in 24 hours because 48 hours is quite slow, especially if have a database. If are not the only HRD inthe area. If it all happened then a person that finds out should have an immediatecontact with regional representation who contacts the security desk immediately and notwait for a security meeting on the matter necessarily.
Rose: Should be active within 24 hours then?
Stephen: What is realistic, is it achievable are we able to do it. Also have to think aboutthe risk that may be culminating from different sources. May be a risk that needs addressing immediately.
Poulin: Maybe the time limit takes away from the fact that each situation is different,because you have time because it is within 24 hours. Maybe to ensure it is rapid I wouldlook for wording that is “as soon as we can give it”.
Stephen: also on the ground the limit puts accountability on the HRD coalition member so ascertain whether or not the reacted in time.
Onesmo: need to work and come out with outcomes. Mentioning that 48 hours weshould vote on an outcome that we can come out with.
Joseph: Want to eliminate those chances of delay and make sure that are bound as much as it is practical and act quickly without excuse. Do not want to have delay ofaction not that it has to be resolved.
Stephen: issues for security and protection. If you go assist someone at risk you couldbe also at risk. Which money will be approved, how many people must approve the useof resources. What policies to need to put into place to ensure people do not send invideos to get money and resources. Do you leave it to the regional reps, secretariats.Finance and accountability need to develop policies.
One thing acknowledged was what the values and principals are, and would be interesting to have a working group to decide what are the polices on all issues onhuman and administrative resources.
Stephen: Is this agreeable or practical.
Thoughts from the floor: I was thinking the secretariat, Should be the chairman and theboard of directors. undecided.
Stephen: Need policies of securing information, should we leave the secretariat. Canthis be put in the code of conduct? Because there you have guidelines on receivinginformation, keeping it secure and there must be explanation.
DAY TWO
October 19, 2011
Recap of Day One
by Erin Riley of the Legal and Human Rights Centre
SPEAKERS
Elias Muhegera spoke on challenges facing Human rights in Tanzania currently with arecommendation that the coalition build capacities for HRD through training,networking and cooperation. He also discussed the need to share experiences of HRDin Tanzania, regionally and all over the world.
Stephen Gitabi, discussed what kind of security measures can adopt to ensure HRDs are trained to protect themselves. Steps included ensuring human rights defenders are trained to understanding the context of their work, to take measures to ensuretheir own personal safety, and then have a security management plan if those measures still lead to a risk.
Poulin Kimani Identified the challenges that Kenya’s HRDC faced in its creation citingthe key lessons as unity and understanding the common goals and differences amongmembers, security to train and ensure people can protect themselves and third is theindivisibility of Kenyan rights. She stressed the need for accountability measures to bein place, transparency in the coalition, equality of issues and voices, and integrity inthe organization.
• Onesmo Ole Ngurumwa discussed the need to work on and modify the action planand get started as a working coalition. Need to elect regional representatives, discuss board members, create a code of conduct, have a working logo, develop a strategy for resource mobilization, develop a membership strategy, and finalize the constitution sothe coalition can be registered.
ISSUES
Need to discuss whether are comfortable the members of the board and the roles they hold as both head of their organization and board member of the coalition. Will hear from Onesmo regarding Francis’ capabilities to continue as Board Director today.Other proposals were the fewer number on the board the better, and having an oddnumber of people on the board is advantageous.
In the advocacy group there was discussion on building awareness through networks and information sharing with other organizations and leaders, and creating annualreports and other publications. There was discussion of creating a database to shareHRD issues and identify individuals to work with to help spread information. Discussedcreating a sub-working group on advocacy to discuss how this would work. Subgroup #1 was appointed to determine how the flow of information between HRD onthe ground and the coalition will function for advocacy purposes and will bring forwarda proposal for approval today.
Also discussed that the advocacy work of the coalition is to work on promoting thework of human rights defender protection programs and not advocate for issues ofhuman rights directly. By protecting human rights defenders they are able to do their work more efficiently indirectly leading to human rights advocacy.
In advocacy messages must have a way to decide what the coalition’s key message is and what the guiding principals are and have an agreement beforehand on what theviews of the coalition are for quick responses when needed. Need to know who is thespokesperson for the coalition and who can answer. Have a sub-group #2 working on this issue that will bring a proposal for today.
In the capacity group, discussed the need for the coalition to have a physical space,development of a common code of ethics that must be accepted in order to be amember, and have representation in regional levels to help develop capacity of HRDin their region.
Had a Sub-group #3 to propose a group of regional zones. These regionalrepresentatives according to the constitution will serve three years. The individuals who will serve as representatives will be decided on after the regions are created.
Had stated that in addition to the regional zones there are four thematic groups:journalists, pastoralists, minorities, women and children.
In the security group, discussed creating a security desk as a focal person where allsecurity matters will be referred to. The first person of contact in an emergency will bethe regional representative, then that representative will contact the security desk.Then the Secretariat will become involved to decide how to intervene and will do so within a time-frame set out.
The group has yet to decide on the timeline for responding to security matters,whether it is “as soon as possible” or 48 hours.
Did not have final answer on who should allocate and make decisions on finances,how many people must approve the use of finances to aid a HRD in need, whether itis the secretariat or the board or another alternative.
Another issue was raised as to whether the policies of collecting and sharing personalinformation of HRDs should be put in the code of conduct.
Introduction to Networking and Coalition Building
by Solange Habonimana from the Burundi CoalitionAdvocacy Program Officer, FORSC Coordinator Burundi HRDs Project
Presenting small experience of HRD experience inBurundi, started in 2009. Idea of the coalition camewhen there were serious HRD aggression and threats of their work. One situation was an anticorruption activist that was killed in 2009 and somejournalists in private media which were harassed by the government. OLUCOME and APRODH are almost always called by the justice ministry becauseof the advocacy work they do on anti-corruption andembezzlement. Under the facilitation of EH group,discussed creation of the coalition, partnering withthe FORSC, Women Lawyers Association etc. In Feb. 2010 14 CSO decided to put in place their coalition to avoid administrative difficulties, didn’tthink it was possible to have another organizationbecause during that period some people had groups were still banned by government, so it is a projectinstead of an organization. Had a managementcommittee with 7 members from 7 key organizations involved in the coalition. Decided to have in place acoordinator and designated Solange as the advocacy coordinator. One of the actions was to write projects, and mobilize funds.
Activities are Capacity Building Training where every year people are trained insecurity management. Many people have been evacuated because of threats to their lives which shows the ability to evaluate threats to HRDs. In the plan have mechanisms to protect ourselves in some circumstances but also have evacuation.
Advocacy discuss with the government and the role of CSO to let them better consider their actions. Undertook activities to show that HRD are trying to make governmentwork better not as enemies of the state as they were perceived. Created a HRD calendar to enhance the visibility of HRD actions to allow people to be more aware andappreciate their actions. 13 of the best HRD were chosen for the calendar to raiseawareness. Also training in trial observation since 2010. There are teams that work incollaboration with national observers that were working with Lawyers Without Borders.
Challenges: difficulties begin when your actions are visible as a HRD. One the other hand the beginning of the threat should be the beginning of thinking of a plan for your protection. Had problems of raising funds for the coalition. Lack of information of legalmechanisms of human rights protection. Not all members are aware of useful mechanisms of protection of HRD. Need strong engagement on the CSO side.
Useful strategies and opportunities:
1 Work in synergy: if one of the members of the coalition is stigmatized. Not only theone person speaking about the campaign, the different organizations take a role eachmonth so you are not stigmatized as one voice or one organization.
2 Advocacy for a local strategy for HRD in reference to international and nationalmechanisms (EU guidelines). Whenever are training people would call the EU representation to come and speak about their guidelines for HRD protection and alsoabout the UN Declaration on the protection of HRD. Why not ask sometimes regionalexpert on human rights. From there, advocate for a local strategy because at acertain period of time the government is not aware that it is its responsibility to protectHRD so negotiation on that.
3 Networking: working with several organizations: OMCT, EHAHRDP, FRONTLINE,SIDH to let voices be heard. Networks allow you to be informed about mechanisms and be in touch with international NGOs that may help you with training or capacity building space for the coalition.
DISCUSSION
• Question Adamu: how do you deal with people who pretend to be members but giveinformation leaking to government etc.
Answer: that is one of the challenges for sure. There are organizations which arebasically governmental run, but through the work you will discover them either through their way of mind or by them saying it. They never have problems from thegovernment so it does not come into play often. This does not mean that civilsociety has no part to play, just after elections in Burundi are seeing some humanrights violations. Some people are being killed by belonging to an opposition party.
In regards to Albinos, people from Tanzania come and kill albinos in Burundi incoordination from people from Burundi, as well old women are being killed sayingthey are witches. The way that government presents things is different from CSOs see things. Need to get network so that can get influence where the government is giving incomplete or incorrect information.
• Question Onesmo: In Tanzania we are not cooperating at all with the Human Rights Commission, Kenya they are. In Burundi how close do you work in your country.
Clarification Stephen: It is very different how they work in each country. In Kenyawe have a National Human Rights Institution which is the NHRC connected to thegovernment, then an NGO Kenya Human Rights Commission which is an NGOindependent from the government. So the coalition in Kenya is working with theNGO.
Answer Solange: Now in Burundi have a new Human Rights institution that is independent but it is a governmental organization. If you look at the people andhow they were hired, not all of them were coming from the HR side but at least four of them were activists and the team leader is a priest who seems independent upto now. Hope to work closely with them.
• Question Emilie: Had issues with refugees from Burundi coming to Tanzania whoreturned home but were so humiliated or deprived of their land that returned toTanzania. How do you intervene?
Answer: there are some people dealing with refugees. One of the reasons they want to come back in some places there is physical security issues. In someplaces the government promised land but still have not gotten that land. When itcome to people who fled long before and did not know where they came from because parents died etc. big issues for government. Because another problem,when it comes to woman because Burundi women have no right to own property and the right to inheritance so causes problems when are coming back home. Weare trying to advocate government to answer these problems.
• Question Rachel: EU guidelines, already a Tanzanian local strategy already developed. What concrete action did the EU take that helped?
Answer: In summary the EU are supposed to give assistance and facilitate you toget evacuated if necessary. Another action is to advocate the government to createa local strategy with regard to EU guidelines. Also have dialogue Article 13, is ameeting between EU representations and local government to discuss about thecontextual situation of governance and human rights to tailor discussion to your context. Can help you get connected to funding or organizations that fund.
• Question Rose: I have been to almost all refugee camps and of when are told to gohome people say they cannot go home because it is not safe. How true is this statement?
Answer: It is unfortunately true in some sense. Some people manage to get back home and are resettled easily depending with which place they came from andprovided because they knew where to go to be resettled. Some places are not soquiet. They do not enjoy security and protection. Unfortunately again it is sometimes the people delay from coming back home from certain political parties.The people who flee before are supposed to come from certain political party, ifthey come back now are not so secure because are suspected to be members of acertain party. They needed to flee after the 2010 elections. People from that party are being harassed and killed. People blame HRDs for being part of politicalopposition parties. For them there is no reason to come back. The difficulty toaccess education, not even speaking of land allocation, even among brothers statethey would not want the people to come back. The people that come back can’t besafely resettled so it discourages others from coming back.
• Question Stephen: I wanted to refer to two issues that you mentioned. One is aboutyourself that you have been banned from traveling and organization shut down andanother that someone was killed. How do you deal with HRDs that are not legally registered or recognized in Burundi?
Answer: After certain period of time one activist was assassinated in 2008. We putin place a campaign to get justice for this person and as there were other HRviolations also brought up those. During this time my organization was banned.When this happened I was traveling. I negotiated after. We cannot have members who are not part of a recognized organization but their actions are still of concern.We deal with the case of any HRD so can be a beneficiary but not a member of thecoalition.
• Question Onesmo: how do work in Burundi in terms of structure in terms of collectinginformation from different parts of the country, HRD who are at risk, how does thatinformation get to you at headquarters?
Answer: we get information from our representatives. We have 146 organizations as members and each organization has five members in each region and we getinformation from them and get to know the real situation. The organization itselfcomes to us they tell us about they are threatened, what their everyday work is,how they are connected then we get in contact with a partner in order to provideassistance.
• Question Joseph: How quick as a coalition do you respond to people who are atrisk? In your article of association did you define how fast will respond?
Answer: Among the members of the coalition there are some plans for their security, they know how to protect their offices just some mechanisms to getprotected from normal threats except when you are threatened to death. In thatcase, we try to get that person hidden as soon as possible. At the time we getinformation we get him back information at the same moment of how to get out.But it can take a week to get out. We have to contact other organizations sometimes immediately to get people out of the country, which shows the importance of networking.
• Question: How do you protect people who come from Minority groups.
Answer: This is quite a concern for us. Protecting persons LGBTI or ethnic minorities. Some persons getting more and more attacked so had to have them evacuated.
Question Poulin: Those organizations that do not have recognition in Burundi andthe vulnerability of those persons belonging to that community, if Burundi cannot takethose individuals as a community that is legitimate is there a way for the coalition toengage with those persons and determine the challenges facing them, recognizingthat in engaging with them are facing a risk.
Answer: The new penal code criminalizes homosexuality so groups of sexualminorities cannot be recognized. This does not prevent us to assist these persons,have to defend all HRDs.
10:30
Resource mobilization for the coalition
by Robina Asiimwe Sentumbwe from Resource Alliance.
It is an international organizationthat focuses on building the capacity of NGO in resource mobilization and fundraising. Oneof the things to understand are some of the challenges are having, especially where do not have government support. (Twovolunteers get an assignment togive a pitch for funds to see whatthey would say to a donor.) Needto give your contact information and be assertive in presentation.Many lose opportunities becauseare talking about ourselves and not looking at the interest of the other party (the donor) and framing things in their interests. Need to talk and time to listen. Mobilizing resources is a relationship issue it should be you and whoever you want to support your work.Fundraising theatre there are many players, there are the people are trying to defend,the donors or supporters of the work and you looking for funding. Resource mobilizationis more then just money, can get other things. Here have a good cause with inadequate resources. As a coalition are trying to get organized. There is so many peoplecompeting for funds but there are many supporters of human rights defenders just haveto find them.
Trends and Realities: Important to know the trends and realities at all levels to be able to survive in thefundraising theatre. these days are increased public and awareness on HR issues.These days donors are very smart and do their research. So have to be real do notexaggerate. There are demands for transparency and proof of impact. There is a trendtowards donor coordination and development partnerships. Also, there are so many NGOs now and many human rights bodies. There are others looking at you as acompetitor and not looking at the common cause. Also therefore, the competition is really tight. Also with this money there is often many ties to it, conditions. These days itis easier to get money for a single event rather than for long-term programming.Technological development, especially new communication technology. There is also aglobal economic crisis and things are changing because of that. There is a lot of fraudand misdeeds by NGOs that taint the reputation of the organizations as a whole. Thereare a lot of indigenous resources and do not always have to go abroad to Europe andthe US. Although there may not be a lot of money locally, there are a lot of resources locally. Not always proposal writing. A lot of money is coming down south but to feworganizations. Technical knowledge and information is very expensive and takes upmuch of the funding request. Write own proposals, teach yourself to fish. You lose trustand money when get consultants for everything, get them to come and train you not todo your work for you. Save the money and do your own work. Some donors do not fundsmaller NGOs and human rights bodies. If the budget is too small won’t look at it. But ifcombine with other organizations and ask for bigger sum and show goes towards many places may get more funding. Takes a lot of time to get funding.
The way to go to be successful in resource mobilization.
1 Research. Do your research in order to optimize chances of success. Research togive a basis for planning and making a strategy on how to proceed. Should be professionally executed, have specific objectives and make sure that the proposal is linked to your objectives. Make sure you do things on time.
2 Planning is the key to resource success. SWOT should help you identity and combatyour weakness. What are your strengths, weaknesses, objectives, things in your way,get goals and decide on a strategic focus. Then block out an annual schedule. With aplan then can monitor progress better. Can see what delayed you and what can dobetter the next time. Need a target to know whether succeeded.
3. Management and Leadership. What is a leader? Discussion: shows the way for others to follow. A person who is committed and who can lead others. If you want tosee if are a leader or not then look behind and see if anyone is following you or walking beside you. Need good leaders in order for mobilization of resources to work.
Four things, ability to influence, prioritize develop trust, and motivate. Must to be ablemust have a vision and have to communicate effectively. Communication is two ways not telling people what to do, is a discussion. There are three levels of leadership inresource mobilization: strategic leadership, operational leaders and team leaders.Team leaders are those who say to do something and people will follow. Operationalleaders are researching and planning, and those focussed more on strategy insteadof motivation and ability to influence.
3 Communication. Effective communication attracts attention and provokes action. A strong brand helps you stay in the minds of donors, helps your image and develops trust. Have to design a communication plan that does not put you at risk but will bringin new supporters of your work. If are respected as a coalition then many people willwant to give you resources. Need branding told such as positioning; put yourselves places where people will recognize that you are working for human rights. Verbalidentity because what you say communicates who you are, and visual identity need abrand to be how you present yourself. Less about logos and more about credibility and how people are looking at you. Be friends with the media.
4 Get creative and Innovative. People like doing the same things that other people havedone, set a new trend. Don’t just write proposals. What are different ways to raisefunds other then this? Use positive and happy approaches in a way that does nothide the complex realities.
5 Diversify approaches. Try social enterprising and self-finance. Get corporatesponsors, although this may be difficult in HRD. Target non-financial resources. For example, we have a wealth of capacities in this room. Figure out what the specialities of people in the room are and use those instead of shipping people in. For instance,instead of getting an advert in a paper get a journalist to write a story for free. Try special events. Negotiate with companies to donate things to do fundraising. Seek individual donors, people who are very wealthy or people who have a smaller amountof money but have a will to donate. Don’t underestimate the value of local resources and local ideas. Go for sustainable approaches and avoid putting all eggs in onebasket. Use volunteers where possible. Find a champion that other people who listento, get them to speak and have the media to cover it. Understand the environment,context and the values of the donor. Five W’s and the H. Why would this donor donate? When is the right time (budgets or festivals)? Which areas can they support?how can you get them to support, maybe through other people. Know the risks andadvantages of the approach. Develop and maintain connections with people andorganizations to keep in the know about expertise and trends in the industry etc.Utilize all opportunities to network.
6 Human Resources. Should understand the techniques of fundraising and have intellectual and emotional connection to the cause and the mission. Get persons passionate about human rights work to do fundraising. Should be skilled, be able toanalyze external and internal fundraising environment, be good communicator.
7 Stakeholder investment, involve everyone in your efforts. Earn supporters trust, beconsistent, visible, available, accountable, transparent, keep updated. Attitude is crucial, yes we can.
BREAK
Sub-group presentations from Yesterday
Elias presenting on the Advocacy sub-group. First want to have a meeting with all the stakeholders. During this meeting with stakeholders will ask them to fund or contribute funds which will help us in the campaign. Which campaign will we do. Want to promote promotion campaign, includingreligious leaders, students from universities and secondary school, artist, singers,diplomatic missions. Want to prepare charity walk whereby the stakeholders and theHRD will wear special caps and t-shirts which promote our activity. Will promote press releases and promote a conference. If you have a paid advertisement it at least getguaranteed to be published so want to have one for the organization. Pamphlets, documentation to be ready for the official launching. Then want to pay for TV documentaries. Also want to use social media, facebook, twitter and organize a chatroom with other stakeholders and as well a blog. Have an essay competition willhave a theme of the activities of HRD, the opportunities and the challenges. Various stakeholders will be announced and activities will be announced. Will rely on speeches by influential personalities and we invite CSO representatives during our campaign.During the official launch on Oct. 3 we expect all of the stakeholders will have a tangibleplan of what will take place on which date. There will be a plan for activities. After thatwe will have a special budget in order to make a continuous promotion of advocacy likemessages on the radio, informing schools and universities, testimonies of victims andHRDs. Then we discuss how are we going to get funds. One is from secretariat, one is mobilization of stakeholders and then the baby is the festival so can also have afundraising activity.
Question from Rachel: what messages will be the coalition be promoting and givingabout HRD, which we can’t decide now. How can the advocacy decide on what are themessages going to be. Will you carry out campaigns for individual HRD and how would that be organized. Is it okay to leave that with the secretariat and how to you feedinformation and advice to the secretariat to ensure are getting the right messages out.How will the coalition decide what it should do. Protection mechanisms: must promotethe reduction of risk to HRD If you do want to use the potential of the EU how are yougoing to engage with them beyond fundraising, who goes to those meeting, is it thesecretariat or any member of the board of directors, or any members of the coalition.Perhaps this come into play when talk about values. Will leave for later on when discuss the plan going forward. Who decides the advocacy messages for the coalition. TheEastern Horn say they are guided by the Declaration of UN and the Declaration ofHuman Rights Defenders as a framework and then don’t have to go back every time todecide what the message is. Is there a framework for deciding? Who decides on theindividual messages and the individual forums that are going to engage in and how is that going to work. Who speaks for the coalition. These are main issues to be resolved,opens the floor to other issues. Are these issues something to be decided upon?
Capacity sub-group:
Regional representatives. Decided that could have 6 regions by mentioning northerncentral, east, west, southern highlands and southern zonal. Lists what are the borders of these regions. (get from speaker).
Discussion:
Is there approval for the map? Minister of Home Affairs says that have to make exception for Zanzibar and register as separate so will have to check to see here.Means that Zanzibar will have to be registered separately, but have to check and verify.If at all the Minister allows that then it means that Zanzibar needs separate registration.You can have a chapter in Zanzibar that is registered by Zanzibar laws, but is a Chapter of the same organization. There are a few that operating of both island and mainlandbut there are no specifics on how. Can later on follow how they registered only in themainland, and then register also in Zanzibar. Because are registering as a nationalorganization then want room to be that. HRC is operating in both. Issues of humanrights do not have boundaries. Later if have problems will solve that by registering.Beyond registration issues, is it appropriate to have one for eastern region or oneseparate for Zanzibar, or come back to this later? Added Zanzibar onto the list of regions. Should we use the word zone is used too much in government uses socreates confusion as they have other geographic meanings. Ideas are: Chapter, cluster,area, group. What is the vote: Cannot decide: will decide at another time.
Rachel: Have regional representatives to be first point of contact and provide rapidcontact to he coalition, need thematic representatives such as pastoralism, women andchildren, journalist, minorities (including sexual minorities, disabilities, albinos, hunter/gatherers). Is this okay?
Poulin: They have to be separate because you are trying to lift people out as beingequal to have voices heard and this gets lost. Each voice needs a very strong voice sothey do not get lost.
Rose: In regards to LGBTI, in Tanzania it is not fighting for those issues. Minorities tendto talk about albinos, do not want to go into LGBTIs because is very sensitive issues here and need to work cautiously because it is against the law here. Minorities, let’s juststick with the Indigenous and leave LGBTI alone because it is a minor issue here.
Rachel: this is to protect HRDs which ideally would be all HRD regardless of the issueand looking at the fact that defenders of LGBTI are targeted then that is a more of areason to make that an issue of protecting those defenders no matter. Don’t have toagree on the rights that a member is fighting for but that all defenders are protected.Often HRD have had to fight against laws to be changed so just because it is illegal nowdoesn’t mean cannot fight for legal reform. Understand the sensitivity of the issue andhave to talk about it which is important.
Onesmo: We are working in Tanzania and nowhere else, protect any HRD and alsohave to look at the context. Know that all are human beings. Have to make sure thatwhatever type of person is fighting are being defended but now have to look at theapproach. Have to make sure that people know that people fighting for whatever rightknow they are being protected and welcome them. Minority groups we know what are inthat group. Currently, we have a committee that works a committee that works onLGBTI. Will have to strategy to see how the committee will work and be empowered towork with the coalition to make sure are not going to compromise our work. We havenot been public but we work with them and need to stand and grow. As we are growingwe should avoid things that will compromise operations. Minority groups includes LGBTIare seriously hunted. Cannot fail to find a better approach. Approach that there is acommittee that has been formed and be connected to them but not have group destroyed because labeled only as LGBTI. Need to defend defenders whatever the right they are defending.
Christopher: Must tread very carefully and not necessarily openly but still defend.
They must have their dignity respected first of all and then proceed very carefully.
Whether right or wrong is not the issue.
Rachel: Agreed that the Minority grouping but acknowledge that the minority group does include LGBTs. Need representatives for thematic groups and regions so think over lunch who those representatives should be. We have seven regional groupings and four groups.
LUNCH
AGENDA
1 “Zones” or “Areas”
2 Choose focal persons for regions and thematic groups (advisory committee)
3 Plan of action -Agree on basic Guidelines and designate a group to draft exactwording to bring back for approval.
4. Working groups for policy related tasks:
Action plan
Advocacy Policy
Recruitment/ HR Policy
Finance and Accountability policy
Code of Conduct
4 Articles of Association to finalize
5 Memorandum of Understanding
DEVELOPMENTS
1 The vote results in calling the physical spaces represented “zones”
2. Choosing a focal person:
Central Zone (Morogoro etc) - Adamu
Eastern Zone (Dar es Salaam) - Kitonga but check later to see if he agrees
Northern Zone - Neema working with Joseph Parsambei
Western Zone - Juma Kapipi
Lakes Zone - Anthony Mayunga
Southern Highlands Zone - Emile Abubakari Malinza
Southern Zone -No representative yet but will choose from new members andGA will approve it at a later date.
Zanzibar Zone - Jamila Mahmoud
Defenders of Pastoralists - Joseph Parsmbei
Defenders of Journalists - Jabir Idrissa
Defenders of Women and Children - Farhat Rashid
Defenders of Minority Rights - Abdilah Ally (Zungu)
Should there be an advisory Committee constituting the thematic and the regional zonerepresentatives who will advise the board and secretariat? Agreed.
3. Working groups will be Advocacy, capacity building, protection and finalizing thewording on the plan of action. Agree on the basic guidelines going forward. Want tofollow the table think about activities/ strategies, when it starts, duration, who shoulddo it, completion and expected outcomes and impact. Break into groups and cometogether to share outlines, will take those outlines and then give to smaller groups who will take them and elaborate on them further and create a proposal for thecoalition to accept.
Security and Protection:
Noting initial activities. First activity security and protection management training tosecretariat and zonal representatives starting from January until March. The result of allof this is all representatives will be well trained. Expected outcomes: representatives and secretariat will be able to deliver security measures and protection strategies. Alsothe human rights defenders who are at risk will be timely secured. Second activity,mapping of other stakeholders. This will start from January until June to help us befamiliar with the stakeholders in protection. Another result is it will complimentary toprotection and will allow a rapid response because will be aware of all people fightingfor human rights and can respond more quickly. Information sharing will be improvedbecause will have established networks and relationships. Third is the creation of asecurity desk. Through it, protection will be strengthened and the reputation will beknown. The outcome will be protection because will be able to protect people morebecause people will be aware. It will simplify our work by having a centralized system.Information sharing will also be improved because it will be more coordinated. Have inmind other activities would be: trial observation but have to ascertain how this would work. Also, the information that people will be getting is sensitive so need to alsoestablish a system for cataloguing safely security information. Five activities total.
Capacity:
Some of the activities: office establishment can start in October and the duration will be one year. It will aid all activities of the coalition. Second activity is the database whichcan start in January to April. Expected outcome is networking and information sharing.The database is going to be is to be all of the members names will be collected andeverybody in it. Information can then be shared with stakeholders. This is an internaldatabase inside the coalition so they know who is out there that need to share information with. Training of the trainers can start in January and duration is one year.Reasons for the activity are that members need to be trained and then can reach out tothe HRD. Develop fundraising strategy and start this in November and duration ongoing.The result is fundraising execution and expected outcome is financial capacity.Translation of training material, writing publishing code of conduct, training of personnel.Also need telephone/fax for headquarters and representatives. Will need how will this office run: need to be coordinated first. May need to prioritizing these first.
Advocacy:
In the group discussed guidelines. First need management of communication and public relation activities. Activities: Stakeholders meeting: Press conference on October 31st to inform through media that will be having a stakeholders meeting on November 3rd but prior to that the stakeholders will have directly been given notice. They will have beengiven a briefing note this week to give to stakeholders which will go hand in hand withthe agenda for the stakeholders meeting. Going to tell stakeholders about the mainactivities. Want government officials to be present and aware that activities of thecoalition are within international law. Also want diplomatic representation. Will also havea call for financial support. Will also invite the media to disseminate the messagebecause journalists are also human rights defenders but also to create awareness ofthe coalition. Official Launch: Will have another press conference on Nov 30 about thelaunch on Dec 3rd. After official launching will be zonal round up. In the zones who arethey going to meet. Expect to meet stakeholders in the zones such as representatives from CSO, religious leaders, lawyers and other defenders. Other activities to put on theagenda for further discussion: during stakeholders meeting will solicit facts but alsopromote coalition. Wearing of t-shirts during launching day etc will depend on the amount of finances beforehand. What happens during stakeholders meeting will determine what will happen after launching day. Draft plan of action has other activities such as lobbying and advocacy of law reform, documentation of instances, law andpolicy reform, doing annual reporting. All of these things will be implemented but after the immediate needs are being met. Those are long term goals that will depend onresources that will generate in the short term. Before launching coalition, the board willalso have to meet and discuss issues to do with the coalition so will need a day to meet.
Discussion:
Need to nominate a new Chair of the board. The head of the LHRC should be a representative on the board, but still need a chair. Proposal from Onesmo that drop onemember of the board to make it an odd number then pick from those seven a chair. Is there a mandate to decide these things? Onesmo says yes because the people in theroom are the coalition and no one outside are in the coalition now. There are four members of the board present so there is quorum. What is the procedure for someonebeing dropped out: perhaps add one person instead and see if the situation of themissing members deteriorates and then drop them. Propose for an underrepresentedgroup to be added, PAICODEO. Christopher: do not yet have to follow the documentbecause haven’t agreed on articles. Rachel: perhaps is a show of good faith go by document are going to approve. How to proceed now: is this an urgent matter ofdropping this group or can it be done at another time? Onesmo: have to nominate boardmembers first then pick a chair. How many members do we want 7 or 9? J: we shouldhave nine because it cannot be established whether an actor is inactive yet because itis too early. Joseph: Have nine as well, should be odd number but it is too early to tell ifthat group does not want to be involved. Have to have a chair today for accountability not LHRC. Stephen: concerned about this issue that the member did not show up andgave no notice about coming and did not send a representative. Martina: Two options:either go to this individual first and see whether the individual wants to be on board.Then pick from that. Proposal on the floor is PAICODEO as the ninth member. But Adamu is a regional representative. But Joseph is also both so how to reconcile that.Joseph: If there is any conflict then he wants to represent pastoralists. There is no oneelse from this region so who is going to represent them. If he can only be one he wants to represent pastoralist. Rachel: perhaps it can be an interim position until the launch tofind someone else to find another regional representative. Neema says will be doneUniversity shortly and will return to Arusha. Joseph will work with Neema who will be theregional representative. Will also be more members coming to the organization, so canhave both roles until can have more members to choose from. There is agreement thatthe Tanzanian Albino Society will be on the board of directors to represent persons withdisabilities. The director will be the ninth member of the board.
Vote on the Chair person:
Primary vote on seven board members: Elected Chair is Martina Kabisama
Working groups for the next steps:
Action Plan - Elias, Fahrad, Onesmo
Advocacy Policy - Leave it for now.
Recruitment/ HR Policy - Rose Mwalongo, Kambibi
Finances and Accountability - Christopher, Speaker for the Capacity
Code of Conduct - Susan, Mariagoreth
Articles of Association: need to figure out how to elect chair: through the GA.Education as a qualification should be amended: board of directors
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