Effective Human Rights Advocacy: Human Rights Monitoring What is Monitoring? What is monitoring? Monitoring is the collection, verification, and use of information about human rights violations. Monitors use a systematic approach to collect, verify, and analyze information to identify violations of human rights. What is monitoring? • • • • • Interviews Background research Analysis of legislation Case law review Observations Monitoring is a first step to making change happen: Monitoring Documentation Advocacy CHANGE Fact-finding Analysis of findings, recommendations, and report-writing Legal reform Laws, policies and practices UN advocacy Trainings Why monitor? A. To help victims B. To pressure governments to apply international human rights standards C. To undertake domestic legal actions D. To put pressure on government to do or stop doing something E. To influence public policy F. To raise awareness of abuses G. To provide early warning of human rights violations Human rights monitors seek to identify and investigate the gap between the international standards and those standards in reality. What monitoring can reveal A. Problems in language of the law (de jure) B. Problems in language of the law and poor practice C. Poor practices, law is silent D. Poor practices, law is neutral Monitoring Report and recommendations Domestic legal reform New policies and protocols Trainings UN advocacy Human Rights Monitoring Principles Human Rights Monitoring Principles • • • • • • • • Do no harm Maintain confidentiality Maintain security Know the standards Respect the mandate Exercise good judgment Respect the authorities Be credible • • • • • • Be transparent Know the context Be patient and persistent Seek consultation Be impartial and objective Maintain sensitivity OTHER PRINCIPLES: A. B. C. D. E. F. G. Be credible Be transparent Know the context Be patient and persistent Seek consultation Be impartial and objective Maintain sensitivity MAINTAIN CONFIDENTIALITY How do you “maintain confidentiality” in the following situation? How do you maintain confidentiality? You are interviewing a human rights activist who works with victims. After the interview, she invites you to have coffee. She asks you what the interviewees have been saying to you. She says that knowing what they are saying will help her focus her human rights message and strengthen her advocacy on behalf of victims. MAINTAIN SECURITY A. Check-in with a team leader or other member regularly and after each interview B. Avoid taking risks that may place the team member or others’ safety in jeopardy C. Carry a cell phone D. Travel in pairs or teams, especially in unsafe areas E. Keep interview notes secure. Example of a Monitoring Methodology The Advocates’ Domestic Violence Monitoring Methodology 1. Determine what info is needed and how to obtain it 2. Outline international legal obligations 3. Recruit and train researchers 4. Conduct background research 5. Research organization of legal system 6. Research relevant laws DV Monitoring Methodology, cont’d 7. 8. 9. 10. 11. 12. Conduct fact-finding interviews Organize and finalize interview notes Analyze findings from interviews Review records and written materials Draft report and recommendations Use report for education and advocacy Interviewees A. B. C. D. E. F. G. H. I. Ministries, officials, and parliamentarians Police officers Lawyers Judges (civil and penal) Prosecutors Social services and/or child protection Health care and/or forensic doctors NGOs and advocates Victims Activity: Human Rights Monitoring and You Step-by-Step Guide to Human Rights Monitoring Human Rights Monitoring Steps STEP 1: PRIORITIZE – Plan Project Determine Objectives KEY CONSIDERATIONS: Need - Is there a need for a monitoring project? Goal - What do we hope to accomplish through the monitoring project? Focus - What right, group, or area will the project focus on? Consultation - How can rights-holders and others inform our project? STEP 1: PRIORITIZE – Plan Project Develop Approach KEY CONSIDERATIONS: Capacity - What is our capacity in terms of time, expertise, money, infrastructure, and technology? Timeframe – What length of time are we willing to commit to the project? Training – Who is on our monitoring team and how will we train them? Implementation - How can others inform our project? STEP 2: FACT-FIND – Gather info STEP 2: FACT-FIND – Gather info General and Special Instruments Global and Regional Instruments Binding and Nonbinding Instruments STEP 2: FACT-FIND – Gather info STEP 2: FACT-FIND – Gather info Document Review Process Observation Mapping STEP 2: FACT-FIND – Gather info Interviews Focus Groups Video Testimonials STEP 2: FACT-FIND – Gather info Surveys Media Monitoring Interviews STEP 3: DOCUMENT – Analyze Info Draw Conclusions KEY STEPS: A. List themes emerging from findings B. Read and re-read the data and information C. Data analysis D. Break findings down to the conceptual level E. Maximize validity and reliability STEP 3: DOCUMENT – Analyze Info Share Findings KEY STEPS: A. Develop Outline B. Write Report C. Draft Recommendations D. Review E. Final Steps STEP 3: DOCUMENT – Analyze Info REMEMBER BIG PICTURE Show there is a protected right Show how violation relates to your target group/individual Show clearly the responsibility of the state or other authority Identify and evaluate possible solutions Present results in appropriate format STEP 4: ADVOCATE – Use Info Public Education Media Advocacy Lobbying and Legislative Advocacy Litigation Domestic Human Rights Complaints Advocacy Before International Bodies INTERVIEW PROTOCOL General Considerations A. Will not always have ideal conditions for interviews B. Use your judgment on how to deviate from the guidelines C. Take advantage of all opportunities to gather information Interview Conditions A. 2 people per interview 1. Lead interviewer 2. Note taker B. Taking notes: laptops v. notepaper? C. 1-2 interviewees at a time is ideal Interview Conditions A. Have as few people as possible in the room B. Interview in a place where you can ensure confidentiality C. Consider setup of the room and seating arrangement D. Make sure no interruptions Conduct during Interview A. Maintain eye contact with interviewee B. Avoid judgmental or evaluative remarks or expressions C. Be patient D. Do not interrupt speaker E. Do not push interviewee. 1. If sensitive issue, return to it later F. Know when to stop Beginning the Interview A. Note interviewee names, titles, organization, city, contact info date, interviewers present B. Introductory statement 1. 2. 3. Mandate of project Explain how info will be used Explain what you can and cannot do with info or the case (do not raise expectations C. Assure interviewee of confidentiality to best of your ability D. Establish basic rapport Interview Questions A. Open-ended questions B. Begin with non-controversial and less sensitive questions C. Ask for clarification of anything you don’t understand D. Avoid leading questions E. Ask questions in concise language (no lingo or slang) F. Victims 1. Let them tell story chronologically; get details as needed Interview Questions A. Be prepared to deviate from the question set B. Be as thorough as possible 1. C. D. E. F. Treat each interview as though last and only chance with interviewee Do not ask questions outside project mandate Ask interviewee to spell out names as needed Do not show disbelief or anger about answers Stories: details, details, details! Seek Additional Information A. Ask interviewee for others to interview B. Ask for relevant documents 1. Police reports, news articles, etc. C. Include in notes your observations where relevant (interviewee nervous, etc.) Ending the Interview A. Allow notetaker chance to ask follow-up questions B. Ask if interviewee has anything else to add C. Allow interviewee to ask you questions D. Reassure interviewee about confidentiality E. Reiterate mandate and how info will be used F. Ensure you have contact info for follow-up questions After the Interview A. Write up and finalize your notes asap (that day or week if possible) B. Add any notes about credibility or observations C. Organize your documents and business cards collected D. Identify any follow-up E. De-brief with team members to avoid secondary traumatization Practical Tips for Interviews A. B. C. D. Build rapport and be patient Avoid judgment or evaluation in the interview Do not interrupt or push the interviewee Obtain as much relevant data and details as you can E. Ask questions to clarify F. Ask questions in a different way if having trouble getting an answer G. Use your observation skills Interviewing Trauma Survivors & Avoiding Secondary Traumatization Video Interviewing Trauma Survivors and Avoiding Secondary Traumatization VIDEO: Allison Beckman and Patty Shannon, Center for Victims of Torture http://faegrebd.mediasite.com/mediasite/Play/ 8d39a6ffcc5140638a1add2777d567d91d MOCK INTERVIEW Mock Interview A. VIDEO: Mock Interview with Liberian Statement giver (begin at minute 40) http://faegrebd.mediasite.com/mediasite/Play/ 1494cbef96b9428aa311f09cdd4966661d