Jonathan Cohen and Acacia Shields
There are many reasons why people document human rights violations. In rare cases, documenting violations and exposing them to the public can on its own put an end to abusive practices. More often, however, documentation is only part of a larger effort to end abuses. In addition, it may take years and a combination of efforts to put a stop to an abuse altogether. Advocacy efforts based on the evidence gathered through documentation should therefore identify interim goals that are realistic to achieve and that contribute in a meaningful way to creating the conditions necessary to eventually put a stop to abuse.
It is therefore important for people who document violations to be clear about what specific changes they seek, and to be realistic about what they are capable of changing. The specific changes that result from documentation are referred to as outcomes. Outcomes should be designed to respond to particular problems that documentation seeks to solve and should be targeted at particular actors. Once these problems and outcomes are identified, the documentation process typically involves the following steps:
- Designing the documentation methodology (this differs according to the advocacy and intended audience)
- Collecting data
- Data analysis and report-writing
- Targeted advocacy
If outcomes are not clearly defined, the project is unlikely to succeed. Examples of poorly defined outcomes include:
- Creation of a “historical record” of abuse
- Increase in ”knowledge and understanding” of a problem
- Increase in ”public awareness” of an issue
Examples of clearly defined outcomes that respond to particular problems are included in the following table, with the relevant actor underlined:
| Problem | Outcome |
| Government officials persistently deny abuse is taking place | Government officials acknowledge that abuse is occurring |
| Government officials refuse to meet with NGOs advocating against abuse | Government officials grant access and meetings to advocacy organizations |
| Local human rights defenders have been imprisoned unfairly | Officials release human rights defenders based on documentation and exposure of their case |
| Government does not fund activities on behalf of abused populations | Government changes budget priorities to provide more funding for target groups |
| Bad laws facilitate human rights violations | Key legislative officials agree to rescind or pass a piece of legislation |
| Victims of abuse wish to make a legal claim for compensation | Victims have compelling and reliable evidence to support a legal claim in court. |
| Officials responsible for abuse (e.g. police, health workers) do not take responsibility for how they treat certain populations | Officials acknowledge and take responsibility for the ways they treat these populations |
| UN Committees and treaty bodies do not consider relevant issues in their reports | UN committees and treaty bodies deliberate on issues and/or make concluding observations about them |
| Organizations working to end abuse have insufficient funding | Donors provide more funding to local NGOs than previously |
| National government is not being pressured by any outside party to end the abuse, leading to impunity | Powerful third parties such as allied governments, multilateral organizations or large donors intervene |
| Other NGOs refuse to join a particular marginalized cause | Other NGOs are persuaded to join a cause and engage in joint advocacy |
| International NGOs do not recognize or work on a particular type of abuse | International NGOs become interested in taking up a new issue |
| Local media does not report on an important kind of abuse | Media reports more frequently and/or effectively on the issue |
| Popular opinion opposes or is apathetic towards a particular human rights issue | Popular outrage or protest increases |
In order for documentation to achieve these outcomes, it must be combined with advocacy. Advocacy is any activity that uses the product of a documentation effort (e.g. a report, a video) to effect change; that is, it is the means used to achieve specific outcomes. Advocacy should be part of the design and conception of any documentation project from the very beginning. Examples of advocacy activities linked to the above outcomes include:
| Outcome | Advocacy |
| Government officials acknowledge that abuse is occurring | Public confrontation with officials (e.g. by the media) with credible allegations of abuse |
| Government officials grant access and meetings to advocacy organizations | Letters to government officials requesting meetings based on report findings |
| Government officials release human rights defenders based on documentation and exposure of their case | Letters and meetings with influential third parties, including foreign governments, to convince them to link the release of the defenders to continued assistance to the government |
| Government changes budget priorities to provide more funding for target groups | Meetings with legislators during development of a national budget |
| Key legislative officials agree to rescind or pass a piece of legislation | Meetings with legislators to share recommendations for law reform |
| Victims have compelling and reliable evidence to support a legal claim in court | Development of a legal brief based on documentation findings |
| Officials acknowledge and take responsibility for the ways they treat these populations | Letters to officials requesting meetings and opportunity to conduct trainings or sensitization workshops |
| UN committees and treaty bodies deliberate on issues and/or make concluding observations about them | Shadow report to UN committees and treaty bodies based on documentation findings |
| Donors provide more funding to local NGOs than previously | Funding applications to donors citing the abuse that has been documented |
| Powerful third parties such as allied governments, multilateral organizations or large donors intervene | Letters to foreign governments and agencies outlining abuse and making recommendations |
| Other NGOs are persuaded to join a cause and engage in joint advocacy | Roundtable meeting with local NGOs to launch report |
| International NGOs become interested in taking up a new issue | Letters to international NGOs with documentation findings |
| Media reports more frequently and effectively on the issue | Press conference, meetings with journalists and editors |
| Popular outrage or protest increases | Sensitization meetings with large constituencies (e.g. students, labor unions, churches) about documentation findings, or appearances in popular mediasuch as tv talk showsto discuss the issue documented |
Connecting Advocacy and Methodology
The way in which a documentation project is designed and carried out is determined by the desired outcomes and advocacy strategy. For example:
- If the desired outcome is to obtain the release of specific human rights defenders from prison, the documentation could take a “case study approach” that names all of the facts and characteristics of the rights defenders’ individual cases;
- If the desired outcome is to change existing harmful legislation, the documentation should focus on the causal link between that legislation and abuses experienced by individuals, as well as a comparison of the positive impact of other, better laws; and
- If the desired outcome is to persuade an outside party to intervene, the documentation should demonstrate the extent or scope of the problem and establish a pattern of abuse sufficient to warrant their intervention.
Jonathan Cohen is deputy director of the public health program of the Open Society Foundations, and Acacia Shields is a consultant to the Open Society Foundations. This document was prepared for a September 2009 workshop and strategy meetings of European and Central Asian sex worker organizations developing a human rights documentation project. Comments on this document are welcome and can be sent to the authors at jcohen@sorosny.org and acacia.shields@gmail.com.
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