A Way Forward: Reflections on the MaTra Rule of Law Training on Human Rights
Between 07-18 October 2024, the Netherlands Helsinki Committee’s Integrity & Accountability team hosted the MaTra Rule of Law Training on Human Rights.
“I remember a person telling me that the war in the Balkans and its aftermath have taken 30 years of her life, and I myself at times also lost hope in international relations and human rights. It is sometimes hard to see what the next steps should be, and how these topics should be approached. During this training we were introduced to a more advanced system, it really showed a way forward to fill these gaps that I sometimes experience – and this is what I will take home with me.” – Vanja Dabizinovic, Independent Advisor at the Ministry of European Affairs of Montenegro
In October 2024, civil servants from Albania, Armenia, Bosnia and Herzegovina, Georgia, Kosovo, Moldova, Montenegro, North Macedonia, Serbia, Türkiye, and Ukraine joined us in The Hague for the Matra Rule of Law Training Programme on human rights. The course was organized by the Netherlands Helsinki Committee, Leiden Law School and The Hague Academy for Local Governance, with the kind support of the Ministry of Foreign Affairs of the Netherlands. The training aimed to provide civil servants with a deepened knowledge of human rights issues, an opportunity to share their experiences and enlarge their networks, and equip them with the tools needed to better safeguard human rights.
Societal transformation for healthy democracies
The in-person training kicked-off on 07 October, with words of welcome from NHC Chair of the Supervisory Board, Kees van Rij, and Erik Weststrate, Europe Director at the Ministry of Foreign Affairs of the Netherlands. Both Van Rij and Weststrate emphasised the importance of shared experiences, networking and learning from one another’s perspectives, amongst participants and with Dutch counterparts. At the core of the MaTra (‘maatschappelijke transformatie’) programme is a focus on societal transformation, which can only occur when we are united in a shared commitment to a common goal, as Weststrate reflected.
Safeguarding human rights through strategic litigation
The training focused on an exchange of ideas and experiences around topics such as “Human rights in a(n) (inter)national context”, “Human Rights, Governments, and Civil Society”, “the Ombudsman” and “Shrinking Civic Space”, and included a visit to Brussels, as well as time to work on their ‘Back Home Action Plans’.
As part of the discussion on “Human Rights, Governments and Civil Society”, participants learned more about safeguarding human rights through strategic litigation. The morning session was led by Merel Hendrickx and Jair Schalkwijk from PILP (non-for-profit law firm) and Controle Alt Delete (civil society organisation). Hendrickx and Schalkwijk gave an overview of their court cases that served as an example of strategic litigation. They presented cases where people sued the police for racial and gender discrimination in profiling. Based on the examples, they highlighted the decision-making process of civil society organisations in strategic litigation procedures. In the afternoon, Dr. Kris van der Pas of Tilburg University expanded on the topic with her analysis of strategic litigation by civil society in Europe. Van der Pas explained the different tools NGOs possess to persuade politicians of their ideas, including lobbying, protesting and civil disobedience. When these tools do not work, civil society can resort to strategic litigation. Limitations on the use of strategic litigation by NGOs were also considered, especially in the context of an insightful discussion about foreign agent law. Participants mentioned that in some cases NGOs can be limited in the use of strategic litigation, as it can be risky to take the government to court when the same government funds an organisation. Particularly in countries where foreign agent laws exist, this can prove to be a problem.
The role of civil society and the ombudsman
The session on the role of the National Ombudsman was led by Jan Prins, a senior advisor at the Dutch National Ombudsman office. Prins provided insights on the Ombudsman complaints mechanisms, their outreach to target groups and their impact on governmental policies. Together with participants, Prins discussed how the functioning of the National Ombudsman office could serve as an example for other countries, while also addressing the challenges still faced here in the Netherlands. Program Director Eszter Hartay from the European Center Not-for-profit Law provided insights on the shrinking of civic space across Europe. She explained tactics governments employ to restrict civil society activity. Hartay also noted that, to counter the shrinking of civic space, the EU implemented several monitoring tools and certain CSOs have created online participation platforms, such as Decidim and Maptionnarie.
Taco Temminck Tuinstra and Milou Kappelhof from the Municipality of Amsterdam discussed Dutch and European perspectives on the right to protest with participants. They elaborated on the rights of protestors based on the European Convention on Human Rights and the Dutch Public Assemblies Act. The trainers discussed several case studies with participants, on what may or may not constitute as a official protest. For instance, is a party a protest if it is against COVID measures? Are all manners of protesting allowed if peaceful? Based on these examples Temminck Tuinstra and Kappelhof illustrated why this distinction is so relevant to make.
Key takeaways
“During this training, I have gained a lot of valuable knowledge. The experts provided a strong theoretical framework while also teaching us practical skills. However, the most important thing for me has been to discuss and exchange with my colleagues from other countries. The atmosphere during the training was amazing, and this has enabled us to learn from each other and inspire change. Change has to start from the inside – in our minds and in our souls. My experiences here have contributed to my personal process of change. It was not only my mind that was widened, but also my heart. We have created a strong network between us, I am proud of being part of this and I hope it will last forever.” – Berna Süer, Coordinator/Expert at the Ombudsman Institution of Türkiye
The goal of this Matra Rule of Law Training was to highlight mechanisms and policies that can be used to protect internationally agreed human rights standards. Safeguarding human rights is one of the cornerstones of a healthy democracy. The training programme provided civil servants with valuable insights from both the Dutch and wider European framework to protect these standards. By sharing experiences, participants were able to learn from one another (as well as experts), and joined a wide network of 1000+ ROLT alumni.
