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Rob Fenn

Head of Human Rights and Democracy Department, FCO

Part of FCDO Human Rights

5th August 2015 London, UK

FCO Human Rights Work: A New Way Forward (leaving no priorities behind)

A change of government is a golden opportunity to look at things afresh, even in an area – like human rights – where our national interest and reputation both argue for continuity, if not for doing more. The new government’s manifesto commitment to supporting universal human rights was an invitation to raise our game, not change our mission.

In the previous parliament, our human rights work had considerable impact. But some of our successes went unsung. And our diplomats often had difficulty relating our long list of human rights priorities with the issues they faced in real life – from the chaos of failing states to the corridors of Geneva.

Asked what the UK’s human rights priorities were, those who could remember the list replied that we had “6+2 thematic priorities”: abolition of the death penalty; global torture prevention; women’s rights; freedom of religion or belief; freedom of expression; business and human rights – as well as (the “+”) democratisation (working with the Westminster Foundation for Democracy), and preventing sexual violence in conflict.

That’s a noble list. They are all important, reflecting valuable expertise in our government and civil society. But they risk implying a “hierarchy of norms” (to use peculiar jargon). More straightforwardly, any list of today’s priorities would leave our human rights policies “frozen in time” – yet the world throws up new horrors every day, and new requests for action by the horrified society we serve.

To avoid those traps, increase coherence, and – frankly – to make it easier to describe what the FCO is doing about human rights, Ministers have focussed on the FCO’s own strengths. In promoting universal human rights – all of them – how can the UK have most impact? The answer to that question produced the three themes set out below, around which we are reconfiguring our work.

This doesn’t mean that we ascribe less importance to any one of our former “priorities”. Going forward, as they say, we’re not going to leave anyone behind.

Take, for example, the UK’s accumulated expertise on abolition of the death penalty. In many parts of the world, death penalty work is a vital part of “Democratic Values and the Rule of Law” (one of our new themes). In other contexts, supporting the campaign for a global moratorium is a vital part of “Strengthening the Rules-Based International System” (our second new theme). And death penalty considerations are central to much of what we do under “Human Rights for a Stable World” (our third).

We wanted to allow our Embassies and High Commissions to focus on the human rights issues where they can make the greatest difference. These three themes provide a framework for everything the FCO network currently does, while organising that work (prioritising) in locally appropriate ways.

Over the next five years, international human rights work will require tenacity and expertise – marrying the insights and energy of UK civil society to the skills and local access of our diplomatic network. I look forward to working closely with all our partners – domestic and international – to ensure that human rights are, and are seen to be, part of the solution to foreign policy problems.

If we can do that, we’ll be strengthening the “rules-based international system” – one example of what our new emphasis looks like in practice. Here are some others:

  1. Democratic Values and the Rule of Law

We live in a country where democratic values and the rule of law are assumed. But one of the lessons from Magna Carta’s 800th Anniversary (see the Foreign Secretary’s Guildhall speech) is that evolution takes time. We will find practical ways to share the benefits of access to justice, open government, democratic decision-making and freedom of expression. This is particularly important when we can no longer assume that democracy, as we enjoy it, will be the outcome of political transitions elsewhere; and when so many governments are trying to outlaw dynamic parts of their own populations (see my blog “What is Civil Society?”). On 15 September – International Democracy Day – the Minister for Human Rights will unveil a pilot programme to deploy legal and parliamentary expertise (British and international) to countries at such crossroads.

  1. Strengthening the Rules-Based International System

The UK’s security and prosperity depend on an international system that upholds our values. Our national commemoration of both World Wars has rammed that message home for new generations. It’s also the UN’s 70th anniversary. In New York, as negotiations to agree a new set of “Millennium Development Goals” come to a head, we are arguing that human rights, good governance and the rule of law should guide all the UN’s work. As a generous donor with a global network and a permanent seat on the Security Council, the UK is uniquely positioned to strengthen this system. In the human rights arena, that will include active membership of the Human Rights Council, a bid for re-election from 2017, and sustained, practical support for the peer-to-peer process known as Universal Periodic Review. We see that as a vital corollary of the leadership we also seek to show under the system of human rights Treaties. Examples include our work to persuade more countries to accede to the Convention Against Torture (and its Optional Protocol); and – when it’s our turn to be examined – our business-like engagement with the UN’s human rights monitoring bodies.

  1. Human Rights for a Stable World

Conflicts are often accompanied (or caused) by violations and abuses of human rights – as is extremism (ISIL’s atrocities). The monitoring and promotion of human rights contributes to early warning of conflict, and helps shape our response. Hence, in large part, the emphasis we place on Freedom of Religion or Belief (“the canary in the coal mine”) – on which we are working up ideas for another FCO initiative. At the same time, we are vigilant that UK interventions in countries where human rights are in crisis do not have unintended consequences (see our Whitehall-wide Overseas Security and Justice Assistance framework

2 comments on “FCO Human Rights Work: A New Way Forward (leaving no priorities behind)

  1. I wonder where Sharia Law fits in with all this ( after all, women’s rights are human rights:).

    1. Women’s rights are a key issue for the FCO. That is why we are committed to securing a dedicated goal on women and girls in the post-2015 development framework. At a country level, we support projects to increase women’s political participation around the world from the Middle East and North Africa region to amongst indigenous groups in Latin America. We also challenge gender stereotypes of what a “traditional” women’s role is, and work with faith leaders to help ensure that the cultural application of religious doctrine does not hinder women’s development. We recognise your concerns around Sharia law. However, as part of our respect for freedom of religion or belief, the UK government does not seek to prevent individuals from seeking to regulate their lives through religious beliefs or cultural traditions. As far as the UK is concerned, there can be no question of there being a parallel system of law in this country, and I want to emphasise that Sharia law has no jurisdiction in England and Wales. There is one system of national law which applies equally to all citizens, regardless of religious belief. Practices that follow Sharia principles are therefore allowed to the extent that they also comply with the existing law in England and Wales.

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About Rob Fenn

Rob Fenn has been Head of the FCO’s Human Rights and Democracy Department since March 2014. His last formal responsibility for human rights was in the mid 1990s, when he…

Rob Fenn has been Head of the FCO’s Human Rights and Democracy Department
since March 2014. His last formal responsibility for human rights was in
the mid 1990s, when he served as UK Delegate on the Third Committee of
the General Assembly in New York (with annual excursions to what was
then the Commission on Human Rights in Geneva). Recent celebrations of
the twentieth anniversary of the creation of the post of UN High
Commissioner for Human Rights – a resolution he helped pilot through the
GA – came a shock. The intervening 20 years have flown: in Rome
(EU/Economics), in London (Southern European Department), in Nicosia
(Deputy High Commissioner) and latterly in Bandar Seri Begawan.
Rob,
Julia and their two sons loved Brunei, where British High Commissioners
are made especially welcome. The family’s activities included regular
walks in the pristine rainforest, expeditions upriver to help conserve
the Sultanate’s stunning biodiversity, and home movie making (in Brunei
it is almost impossible to take a bad photograph).
After
all those saturated colours, Rob worried that the move back to Britain
might feel like a shift into black and white. But the reunion with
family, friends and colleagues, and the boys’ brave reintegration into a
North London school, have been ample compensation. Julia’s main regret
is that, now she walks on Hampstead Heath, she no longer has an excuse
to carry a machete (“parang”).
Rob’s
problem is summed up in two types of reaction from friends outside the
office. On hearing that he is “in charge of human rights and democracy
at the FCO”, some think it sounds like a vast job: what else is there?
Others think it sounds wishy-washy: not in the national interest. Rob’s
mission is to take the Foreign Secretary’s dictum that “our values are
our interests”, and help his colleagues translate it into action in a
world so varied it can contain both Brunei’s clouded leopard and the
civil war in Syria.

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