What is monitoring, documenting and reporting on human rights?

The documentation of human rights violations refers to two related processes: 

• the first is the process of recording facts about ongoing or recent events for the purpose of monitoring human rights and violations of human rights; and
• the second is the process of collecting documents, such as newspaper articles, press releases, photographs and medical or police reports, that provide evidence of the information gathered. This process can also focus on online materials, such as social media posts and user-generated video, which forms part of the emerging field of open-source investigations discussed in greater detail here (LINK). 

Reporting on human rights abuses and violations refers to the dissemination of information about human rights abuses and violations to a wider audience. This can take the form of written reports, press releases or other forms of communication. The purpose of reporting on human rights abuses and violations is to bring attention to and support advocacy efforts to address the issue. 

Who can monitor, document and report human rights violations?

Monitoring, documenting and reporting on human rights abuses and violations can be done by various actors, including:

1. local NGOs and civil society organisations;
2. global human rights organisations, such as Amnesty International, Human Rights Watch and the like; 
3. government agencies;
4. independent journalists and media outlets; and
5. United Nations bodies and special rapporteurs.

For a detailed discussion on open source documentation, please see the information sheet entitled, “Open Source Investigations”.

Why is monitoring, documenting and reporting on human rights important?

Human rights monitoring is a crucial tool in the promotion and protection of human rights, by providing an ongoing accountability mechanism that can act as an early warning system. Documentation and effective reporting are key tools for transitional justice processes but, far from being confined to accountability and justice-related efforts, can be used for a whole series of purposes, ranging from memorialisation and establishing reparation mechanisms for victims of crimes, to education and awareness-raising, promoting civic interaction between communities or victims, and building a historical record. 

Journalists play an important role in transitional justice processes by serving as investigators, eyewitnesses and storytellers of human rights abuses. They can highlight injustices, pressure governments and other actors to address them, and provide a historical record for future generations. Journalists’ work can also play a key role in holding those responsible accountable, and promoting accountability and transparency in government processes. Additionally, by providing a platform for victims and witnesses to share their stories, journalists can help amplify voices that may otherwise go unheard.

In addition to journalists, a number of other actors also play a role in monitoring and documenting human rights abuses and violations in Sudan. Their efforts are reflected in ongoing reports, such as those by the African Centre for Justice and Peace Studies, Sudanese Archive, Amnesty International, and Human Rights Watch. 

On 25 September 2019, the UN High Commissioner for Human Rights established a fully mandated human rights office in Sudan responsible for monitoring human rights in Sudan. Prior to this, the UN and OHCHR released a number of reports documenting the human rights situation in Sudan, often focusing on Darfur. 

Challenges

Just some of the challenges to monitoring, documenting and reporting on human rights would include:

• physical access, due to remoteness, geographical barriers, lack of infrastructures or security concerns;
• political restrictions, due to government restrictions or censorship;
• resource constraints, due to a lack of funding, equipment or other resources;
• lack of cooperation;
• language barriers, leading to difficulty in communicating with victims and witnesses; 
• cultural sensitivity, leading to challenges in obtaining accurate information from individuals with different cultural backgrounds;
• chain of custody;
• information security, due to challenges in protecting sensitive and confidential information; 
• data-management, due to challenges in storing, organising, and retrieving data securely and efficiently;
• informed consent, due to the unwillingness or reticence of victims and witnesses;
• protection of sources and safety;
• traumatisation and re-traumatisation;
• confidentiality and privacy of both victims and witnesses;
• impact on communities, due to sensitivity issues and ethical considerations confronting documenters; and, 
• context and historical context, due to challenges in providing a nuanced and informed perspective. 

All of these challenges exist in Sudan, and are acutely felt by Sudanese, regional and international stakeholders undertaking documentation efforts. 

Key takeaways

1. Monitoring and documentation of human rights abuses can be done by various actors representing various professional traditions and different organisations. 
2. Documentation is a key tool for transitional justice processes but, far from being confined to justice-related efforts, can be used for a range of purposes, including  memorialisation, journalism, and others. 
3. Sudan is and will remain a challenging environment for monitoring and documentation. 

Further reading materials

•  Documenting international crimes and human rights violations for accountability purposes: Guidelines for civil society organisations(EN) (AR)
  The present guidelines have been developed jointly by Eurojust, the EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (‘Genocide Network’) and the Office of the Prosecutor of the International Criminal Court. They are addressed to civil society organisations in support of their independent efforts to preserve and collect information on the commission of international crimes and human rights violations for accountability purposes. In particular, the guidelines address how such efforts may best be directed when they are intended to assist criminal accountability processes, such as those before national courts or the International Criminal Court.”
• OHCHR: Manual on Human Rights Monitoring (Revised edition) (EN) (AR)
  The Manual on Human Rights Monitoring (Revised edition) published in 2011 by the UN High Commissioner for Human Rights has a number of chapters including those on Interviewing, Trauma and self-care, Protection of victims, witnesses and other cooperating persons and Trial observation and monitoring the administration of justice. The original edition, from 2001, is available in Arabic at the link above.
• PILPG: Guide to Digital Human Rights Documentation (EN)
  The Public International Law & Policy Group is a global pro bono law firm providing free legal assistance to parties involved in peace negotiations, drafting post-conflict constitutions, and war crimes prosecution/transitional justice. They have released a “Guide to Digital Human Rights Documentation” which includes sections on documentation as a tool for transitional justice and transferring collected data to third parties, and how to do so safely and ethically.
•  Internews: Speak Up, Speak Out: A Toolkit for Reporting on Human Rights Issues (EN)
• Witness: Video as Evidence Field Guide (EN) (AR)
  This resource helps ensure that more cameras in more hands can lead to more exposure and greater justice. It includes content on basic legal principles and processes; tips for capturing video with enhanced evidentiary value; guidance on filming, organising and managing videos for evidentiary purposes; and sharing and using eyewitness video in human rights reporting and advocacy. The Arabic resources page at Witness contains portions of the Video as Evidence Field Guide as well as other resources for human rights documentation.
• PEN: Online Harassment Field Manual (EN and AR)
  This Field Manual offers concrete strategies for how to defend yourself and others. PEN wrote this guidance with and for those disproportionately impacted by online abuse: writers, journalists, artists, and activists who identify as women, BIPOC, and/or LGBTQIA+.”