MacArthur seeks to strengthen human rights protections, advance government accountability, and improve the reach and quality of justice. Our grantmaking aims to defend freedom of expression and enhance criminal justice globally, with a special focus on Mexico, Nigeria, and Russia.
We believe that respect for human rights is fundamental to good governance and that freedom of expression helps enable the realization of all rights. The protection of human rights requires political systems that hold governments to account and systems of justice that enforce criminal accountability. Advances in digital technology can help human rights advocates achieve impact, but can also be turned against rights advocates and used to help perpetrate abuses.
MacArthur has invested in advancing human rights since its first grants in 1978. Beginning in the 1990s, in the wake of mass atrocities in places such as Rwanda, Yugoslavia, and East Timor, grantmaking focused on building an international institution, the International Criminal Court, to prosecute individuals for genocide, war crimes, and crimes against humanity. The Foundation also emphasized the use of regional institutions like the European Court of Human Rights that offer redress to victims of abuses by the State where domestic systems are weak or corrupt. In addition, early grants supported select international human rights groups, based primarily in the north, that were setting standards for documenting and reporting human rights violations, conducting forensic investigations, litigating cases of abuse, and bringing advanced communications technology into the fold of rights advocacy. Programs to strengthen human rights infrastructure at the local level were established in Russia, Nigeria, and Mexico, where the Foundation maintains offices. Finally, there was a focus on new thinking about the obligations of the international community in the face of mass atrocities and threats to civilians in conflict situations.
In 2010, the Foundation assessed its human rights grantmaking and began the process of shifting the program’s priorities to align with the following emerging trends in human rights and international justice.
Growing threats to freedom of speech and association:
Freedom of speech and association are fundamental because they create the conditions through which other rights are exercised; they form the building blocks of transparent and accountable governance. Repressive governments know this and are responding by restricting and intimidating human rights organizations and independent media, while increasingly controlling the Internet. At the same time, speech itself can, at times, present a threat. The challenge is to develop approaches for identifying and limiting speech that could incite atrocities, while not unduly infringing upon free speech rights.
New demands for accountable governance:
In MacArthur’s focus countries – Mexico, Russia, and Nigeria – relatively new Freedom of Information legislation is providing human rights advocates with new tools to open government to scrutiny and reduce mismanagement and corruption. While these developments are encouraging, too often there is a gap between the adoption of such laws and their implementation.
New attention to national and local justice opportunities:
Rights have little practical meaning if they are not backed up by credible accountability mechanisms in places where violations occur. In Mexico, Russia, and Nigeria, where regional court judgments have pressed governments to improve domestic justice systems, human rights groups monitor government implementation of rulings and advocate for related policy reform. Meanwhile, there is a new focus in several African countries that have ratified the Rome Statute treaty to advance domestic prosecutions related to periods of violence in which international crimes were committed. Of particular note are efforts to advance accountability for sexual and gender-based violence in conflict. Spurred by jurisprudence emerging from the Rwandan and Yugoslav tribunals and codified in the Rome Statute, victims are seeking redress in domestic courts. While this is encouraging, more needs to be done to ensure that the rhetoric against sexual violence is transformed into meaningful action, that justice is sensitive to the needs of survivors, and that appropriate protection is given to survivors and witnesses.
Rapid advancement in communications technology:
Advanced technology is fundamentally changing the way human rights advocates monitor violations, collect and manage data, and communicate with colleagues and the public, from GPS-enabled handhelds recording testimonies, to geospatial imaging, to encrypted storage in the cloud, to Internet video of abuses. Making good use of these new tools, while managing risks to privacy and security is likely to be a key goal for the human rights movement in the years ahead. Research has shown that governments are increasingly filtering and blocking Internet content and engaging in various forms of surveillance. While there can be legitimate law enforcement reasons for governments to engage in Internet regulation, too often it is done to repress free speech advocates, including bloggers and journalists.
The evolution of MacArthur’s human rights and international justice grantmaking takes account of the trends described above while maintaining the core objectives of strengthening rights protections, advancing accountability, and improving the reach and quality of justice. We will partner with people and organizations on the ground, buttressed by international organizations and institutions, to help advance the development of domestic accountability, and, thereby, improve human rights protections.
Grantmaking under our new strategy will be captured under two thematic pillars that concern two fundamental substantive aspects of human rights: freedom of expression and criminal justice. Our approach in each pillar emphasizes accountability – both political and judicial – to provide mechanisms for achieving progress in these essential areas of human rights. Underpinning both pillars will be a focus on leveraging technology and innovation to advance our work.
Defending Freedom of Expression
Five thematic elements comprise this pillar, each addressing specific issues related to freedom of expression, including: government pushback on human rights advocates, expanding political accountability, media freedom, Internet openness, and digital privacy and security. Taken together, they are meant to build long-term efforts to preserve and expand free speech globally. We will support NGOs engaged in domestic and international litigation and advocacy challenging repressive laws and demanding that governments fulfill their human rights promises to citizens. Grantmaking addressing media freedom will support initiatives and journalist protection strategies that ensure that diverse voices contribute to the debate, but will be alert to potential for abuse of this space, especially in the context of inflammatory speech that has been shown to precede atrocity crimes. We will be particularly attentive to these issues in our focus countries of Nigeria, Mexico, and Russia, with more limited grantmaking at the global level. Internet openness grants will support policy research and advocacy that seek to maintain and expand freedom of speech and access to information online while exposing Internet control and surveillance activities. Grantmaking will also explore emerging digital privacy and security threats and the development of new technologies to help protect human rights defenders and journalists at risk.
Enhancing Criminal Justice
There are five thematic elements associated with this grantmaking pillar. The first two elements – state accountability for mass atrocities and victims and the ICC – will have a primary focus on Africa’s Great Lakes region, especially Uganda, Democratic Republic of Congo, and Kenya, building on the Foundation’s decade of work to advance accountability for atrocity crimes through a transitional justice approach. Grants will aim to advance the prosecution of crimes laid out in the Rome Statute and improve the quality of participation of victims in ICC proceedings. Criminal justice reform, the third element, will be an emphasis in the Foundation’s focus countries where grants will support efforts to improve access to justice for ordinary people. Within the fourth element, protection of civilians in conflict, we will support advocacy and new approaches for addressing increasing threats to civilians in the midst of warring parties, primarily in the Foundation’s focus countries and in the Great Lakes region. Under fifth element, human rights data retention, grants will support initiatives to make documentation more relevant for courts and policymakers.
We will place special emphasis on assessing progress in our areas of investment, both in terms of individual grants and more broadly on the extent to which our strategic approach is contributing to systemic change.
Updated February 13, 2013