Rights during Arrest & Detention 

During your arrest and detention, you have various rights:

• To be informed of the reasons for your arrest, temporary detention or detention;
• To be informed of your rights and obligations;
• Not to testify against yourself or admit guilt;
• To defend yourself;
• To have legal representation and to receive legal aid, if eligible;
• To give statements and opinions, present evidence, documents, items and requests;
• To see a doctor and receive medical care;
• To meet and inform family members;
• To complain, denounce and file complaints about competent procedural authorities and persons’ decisions and legal procedure on temporary detainment; and
• To request for release after the time limit on temporary detention or custody expires.

If those rights are not respected during your arrest or detention, you can file a complaint to the respective authorities, including the Police, the Procuracy or other investigative authorities. With your complaint, you can ask the authorities to reconsider their decisions and acts and to follow the requirements set by the law.

Asking for Bail or Surety during your criminal detention

After your arrest, you might be put in temporary detention. At that stage, you have the right to ask for bail. Bail means that the authorities will release you from detention if you accept to be present when they summon you, to refrain from committing an offence anew and falsifying evidence against you. Two persons are required to “stand bail for you”, which means to promise that they will not let you breach your obligations in relation to bail.

Note, however, that in practice, bail has been rarely applied partly due to a lack of specific provisions to guide, and its application is at the discretion of investigating bodies, procuracies and courts. 

Another option is to ask to be released upon providing surety. Your kindred can also undertake surety. Surety means that money is deposited to the state and you as a suspect or defendant undertake to be present when the authorities summon you, to refrain from committing an offence anew and falsifying evidence against you. If you commit any of those acts, the money deposited as surety will be confiscated by the state.

Once the charges against you have ended

Filing a criminal complaint 

If a state official wrongfully accused you, there are sections of the Criminal Code which might be pertinent. For example:

• Article 372 prohibits any person who abuses his/her position or power to force a judicial officer to act against the law and as a result, infringes upon the interest of the state or the lawful rights and interests of another organisation or individual.
• Article 368 punishes any competent person who brings criminal prosecution against an innocent person.
• Articles 356 and 357 penalise persons who, for personal gain or other self-seeking purposes, act against his/her official duties beyond his/her authority or abuse their power or position in the performance of official duties.
• Article 382 forbids anyone from providing false documents or giving false statements disobeying a direction of the law with the intent to cause injury to any person, incorrectly preparing or translating with the intent to cause injury.

If the state official’s act falls under the offences enumerated above, then you can consider denouncing or reporting information on the offences to the police or the Procuracy. Along with reporting information you can also request the institution of a criminal case against the perpetrator.

What can you expect? 

The investigative authorities will verify your information and decide whether to institute criminal procedures. This will take place within 20 days or a maximum of two months from when you informed the authorities about the offence. If they have sufficient grounds that the alleged offender has committed the criminal act that you are accusing them of, they will summon them for interrogation and take statements from witnesses. Then, they will forward the case to the Procuracy to decide on the charges. Depending on the severity of the offence, the Procuracy will either drop the case or prosecute the accused, within 20 to 30 days. If prosecuted, the perpetrator will be tried by the first instance Court that will deliver its judgment, finding them guilty or innocent.

What is your role in the trial? 

As a victim of crime, you are allowed to attend the trial, recommend punitive measures, including compensation, present evidence, defend your rights, file an appeal and request protective measures. You can also file a damage claim to seek compensation from the accused and you will be a “civil plaintiff.”

What if you are not satisfied with the outcome? 

If you disagree with the findings of the court, you can file an appeal within 15 days from the day that the first instance court pronounced its judgment. You can, also, file for cassation procedure, to the Higher People’s Court if you think that (a) the court’s sentences and rulings do not correspond with objective facts of the case; (b) there was a serious breach of legal proceedings for investigation, prosecution, and adjudication; or (c) an error in the application of the law occurred.

How can you be compensated for the harm suffered? 

As a victim of the crime, if you have suffered damage due to a criminal act, you can file a damage claim during the criminal trial and you will be a “civil plaintiff.” Usually, the offender will be responsible for paying you compensation. Depending on the particular damage in each case, as a victim of crime, you can request offenders to pay expenses for medical treatment, mental health care, loss of income and property, and others deemed relevant as prescribed by the law. However, the adjudication of your compensation might be separated from the criminal case and settled through the civil procedure, after the criminal issues are resolved. 

Also, according to the Law on Compensation, you can file a claim with the criminal court and ask for a determination that the defendant being an official duty performer has caused you damage by arresting and detaining you without having committed an illegal act.

Rights during your criminal trial

Even if you are wrongfully accused and prosecuted, you have the right to be tried fairly. This includes the following rights which can be exercised during the investigation, examination, and trial:

• Right to silence;
• Right to defend yourself and have a defence lawyer;
• Right to legal aid (if you are eligible);
• Right to an interpreter;
• Presumption of innocence;
• Right to cross-examine witnesses;
• Right to be tried without undue delay;
• Right to obtain decisions on hearing of lawsuits, decisions on enforcement, change or termination of preventive and coercive measures, decisions on case suspension, judgments, Court's rulings and other decisions on legal proceedings; 
• Right to attend the trial;
• Right to be informed and explained about your rights and duties;
• Right to petition for expert examinations, valuation, change of authorised procedural persons, expert witnesses, valuators, interpreters, translators, summoning of witness testifiers, crime victims;
• Right to present evidence, documents, items and requests;
• Right to confer on relevant evidence, documents, and items and request authorised procedural persons to inspect and assess them;
• Right to give statements and opinions, as well as to give a final statement;
• Right not to testify against yourself or admit to guilt. You have the right but are not required to prove your innocence. Your confession must not be the sole evidence to prosecute and convict you;
• Right to read the Court's report and request amendments to the Court's report;
• Right not to be tried twice for the same offence;
• Right to appeal against the Court’s judgments and rulings; and
• Right to complain about competent procedural authorities and persons’ decisions and legal proceedings.

If those rights are not respected during your arrest or detention, you can file a complaint to the respective authorities, including the Police, the Procuracy or other investigative authorities. With your complaint, you can ask the authorities to reconsider their decisions and acts and to follow the requirements set by the law.

Asking for compensation from the Criminal Court

According to Article 31 of the Code of Criminal Procedure, if you are held in emergency custody, arrested, temporarily detained, or held in detention, charged, investigated, prosecuted, tried and sentenced incorrectly or illegally, you are entitled to compensation for physical and spiritual damage and restoration of dignity. This compensation will be granted by the first instance court, upon ascertaining your illegal arrest or detention.

The compensation will cover damage due to loss or reduction of actual income, material loss due to the death of damage sufferers, material loss due to health damage, and damage due to mental suffering.

Also, according to the Law on Compensation, you can file a claim with the criminal court and ask for a determination that the defendant being an official duty performer has caused you damage by arresting and detaining you without having committed an illegal act.

Asking for Bail or Surety during your criminal detention

If you are put in detention, you have the right to ask for bail, when you appear before the court. Bail means that the authorities will release you from detention if you accept to be present when they summon you, to refrain from committing an offence anew and falsifying evidence against you. Two persons are required to “stand bail for you”, which means to promise that they will not let you breach your obligations in relation to bail.

Note, however, that in practice, bail has been rarely applied partly due to a lack of specific provisions to guide, and its application is at the discretion of investigating bodies, procuracies and courts. 

Another option is to ask to be released upon providing surety. Your kindred can also undertake surety. Surety means that money is deposited to the state and you as a suspect or defendant undertake to be present when the authorities summon you, to refrain from committing an offence anew and falsifying evidence against you. If you commit any of those acts, the money deposited as surety will be confiscated by the state.

Filing an Appeal to the verdict of your criminal case

After your illegal arrest and detention, most probably you will be tried by the first instance Court. If you disagree with the judgment of the court, you can file an appeal within 15 days from the day that the first instance court pronounced its judgment. You can, also, file for cassation procedure, to the Higher People’s Court if you think that (a) the court’s sentences and rulings do not correspond with objective facts of the case; (b) there was a serious breach of legal proceedings for investigation, prosecution, and adjudication; or (c) an error in the application of the law occurred.

Once the charges against you have ended

Asking compensation from the businessperson or business entity

If you have suffered harm to your life, health, honour, dignity, or reputation, due to the wrongful prosecution against you, you can file a civil lawsuit against the state official who instituted that prosecution, asking for damages.

The legal basis of this lawsuit will be Article 584 of the Civil Code 2015 which foresees that “a person harming the life, health, honour, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage unless otherwise prescribed in this Code or relevant laws.”

You will have to prove that:

• Damage has occurred;
• There was an act contrary to the law;
• There was a causal link between the damage and the act contrary to the law; and
• The perpetrator had the intention or was reckless in causing the damage. 

What can you ask for? 

You can ask the court to be compensated for: 

• Reasonable costs for treating, nursing and rehabilitation health, and functional losses and impairment that you incurred.
• Loss of or reduction in your actual income.
• Reasonable costs and actual income losses of your caretakers during the period of treatment. If you lose your ability to work and you need a permanent caretaker, the damage shall also include reasonable costs for your care.
• Other damage as prescribed by law, including compensation for mental suffering.

Who can file the lawsuit? 

You are a victim. You can also file a joint lawsuit along with other persons for disputes that arise out of the same legal relation. Note, however, that there are no Vietnamese laws on class action and class action lawsuits against government ministries are prohibited.

Where?

The Court where you will file your case depends on the location of the offence, the monetary value, and the subject matter of your claim. 

What if you are not satisfied/you do not agree with the judgment of the court? 

If you are not satisfied with the judgment of the District Court of the first instance, you can submit an appeal to the Provincial Court within seven to 15 days from the date on which the judgment is read, depending on the case. You can, also, file for cassation procedure, to the Higher People’s Court if you think that (a) the court’s sentences and rulings do not correspond with objective facts of the case; (b) there was a serious breach of legal proceedings for investigation, prosecution, and adjudication; or (c) an error in the application of the law occurred.

Complaints

When filing a complaint, you ask a competent agency to review an administrative decision or act because you believe that such a decision or act was unlawful and infringed upon your rights and lawful interests. By way of example, a complaint can be filed to the respective authority that has issued the extension of the detention measures against you. 

How to file a complaint? 

You should file the complaint either in written or oral form, within 90 days from the day that you received the decision that you are challenging. You can file it with the person who has issued the decision you are challenging. If you disagree with the decision on your first complaint, you can make a second complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit in court in accordance with the Law on Administrative Procedures.

What should you expect? 

According to the law, the agency that issued the decision you are challenging, will review it and take appropriate measures to address the complaint. A complaint may be lodged with the person issuing the administrative decision in question (“first-time complaints”) and later with the body managing the person who has performed the administrative act (“second-time complaints”).

How can you get compensation?

According to the Law on State Compensation Liability, you can file a claim for compensation to the agency that caused you damage due to an illegal act or decision of an official duty holder.

It might also compensate you for the damage incurred. 

Denunciation

When filing a denunciation, you notify a state agency or state official of a violation committed during the performance of their official duties. With a denunciation, you can denounce illegal acts committed by cadres, civil servants or public employees when performing their public duties, or by agencies, organisations, and individuals with respect to state management issues. 

What is the process? 

The denunciation should be filed to the respective agency where the official who wronged you is employed. The case will then be forwarded to a superior officer within that organisation in order to be handled and settled. A denunciation shall be settled within 30 days from the date on which it is accepted.

What should you expect? 

The organisation to whom you are submitting your application will adopt measures to protect you, and it will also be required to adopt remedial measures to address the situation and to provide accountability for the violators. You also have a right to compensation for any damage he/she incurs as prescribed by law.

What is the difference between complaints and denunciations? 

Firstly, complaints ask for a reconsideration of an already made decision, whereas denunciations essentially denounce an unlawful act. Secondly, complaints are submitted by those whose legitimate interests were affected by the challenged decision, whereas denunciations are submitted by anyone since they aim to protect the interests of society and the state and not only individual interests. 

UN Human Rights Council Special Procedures

The Special Procedures of the UN Human Rights Council (‘Special Procedures’) are independent human rights experts (‘Rapporteurs’) and ‘Working Groups’ with mandates to report and advise on thematic human rights issues. 

With the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures can:

• Undertake country visits;
• Act on individual cases of reported violations and concerns of a broader nature by sending communications to states and others;
• Contribute to the development of international human rights standards; and
• Engage in advocacy, raise public awareness, and provide advice for technical cooperation.

In cases of business-related human rights abuses, you can draw the attention of your government and raise public awareness by submitting a complaint to the Special Procedures. You can submit a complaint to the Special Procedures if you have suffered abuse by the state or by a business. Where a business has caused harm, the state is also responsible for failing to protect you, investigate the harm, and/or provide remedies.

The UN has established various Special Procedures. In cases of attacks against human rights defenders that work on business and human rights issues, the most relevant are:

• Special Rapporteur on the situation of human rights defenders
• Working Group on the issue of human rights and transnational corporations and other business enterprises (also referred to as the “UN Working Group on Business and Human Rights”)
• Special Rapporteur on the promotion and protection of human rights in the context of climate change
• Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment
• Working Group on Arbitrary Detention
• Special Rapporteur on the extrajudicial, summary, or arbitrary executions
• Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
• Special Rapporteur on the rights to freedom of peaceful assembly and association
• Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
• Special Rapporteur on the rights of indigenous peoples
• Special Rapporteur on the right to privacy
• Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
• Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

These are just a few of the Special Procedures. You can find a comprehensive list here.

In addition, in June 2022, the world’s first Special Rapporteur on environmental defenders was elected under the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The function of this new Special Rapporteur is to take measures to protect any person experiencing or at imminent threat of penalisation, persecution, or harassment for seeking to exercise their rights under the Aarhus Convention. You can submit a complaint to the Special Rapporteur even if domestic remedies have not been exhausted and any information submitted will be kept confidential.  The new Special Rapporteur has various tools for resolving complaints and protecting environmental defenders quickly, including: 

• Issuing immediate protection measures; 
• Using diplomatic channels; 
• Issuing public statements; and 
• Bringing the matter to the attention of human rights bodies and the government concerned. 

Who can submit information? 

Information submitted to the mandate-holders may be sent by a person or a group of persons who claim to be the victim(s) of human rights abuses. Non-governmental organisations (‘NGOs’) can also submit information, provided they have direct and reliable knowledge of the alleged abuse. 

Under what conditions? 

Your communication should fulfil the following conditions:

1. Communications must not be exclusively based on mass media reports. 
2. The communication should contain a factual description of the alleged human rights abuses, especially any available information as to the date and place of the incidents, alleged perpetrators, suspected motives, and contextual information.
3. The communication should be submitted based on credible and detailed information.
4. Include full details of the sender’s identity, address, the name of each victim (or any other identifying information), or any community or organisation subject to the alleged abuse. In communications to governments, the mandate-holders normally preserve the confidentiality of their information source, except where the source requests that its identity be revealed. 
5. Indicate any steps you have already taken at the national, regional, or international level about the case. However, you do not need to have exhausted domestic remedies to have your allegation examined by Special Procedures.

How to submit information?

The application for all Special Procedures is the same. Upon receiving the information on your case, the UN will notify the relevant mandate-holders. Therefore, you do not have to choose the specific mandate holder for your case, but you must present your case so that all appropriate offices are notified.

Any communication addressed to Special Procedures mandate-holders must clearly indicate what the concern is in the subject heading of the message and be addressed to: 

Special Procedures Division c/o OHCHR-UNOG

8-14 Avenue de la Paix 1211 Genève 10, Switzerland 

Fax: +4122 917 90 06 

Email: urgent-action@ohchr.org (for complaints and individual cases) 

For any other information, email: spdinfo@ohchr.org  

You can find the link to the online submission here.

What should you expect? 

It is left to the discretion of the mandate-holder to decide whether to act in a given situation. Usually, the Special Procedure will investigate the case and send a letter to the government regarding the abuse that you reported. The letter will ask for clarifications. Where necessary, the Rapporteurs may request that the concerned authorities take action to prevent or stop the abuse, investigate it, bring to justice those responsible and/or make sure that remedies are available to the victim(s) or their families. In these letters, the Rapporteurs may also inform the state of the applicable human rights provisions. In cases where the state is repeatedly failing to reply, the mandate holder might issue a press release. Upon receiving information on abuses, mandate-holders may carry out visits to countries to investigate the human rights situation on the ground. 

Note that the Special Procedures Rapporteurs do not have the power or authority to enforce their views or recommendations.

Who can you reach out to for support? 

To increase exposure and collaboration with the OHCHR, it is recommended that you build relationships with your local OHCHR office. Vietnam is covered by the OHCHR Regional Office for South-East Asia in Bangkok and the office often holds consultations with civil society. 

6th Floor, United Nations Building

Rachadamnern Nok Avenue

Bangkok 10200, Thailand

Tel: +66 2 288 1235

Fax: +66 2 288 1039

Email: ohchr.bangkok@un.org 

Website: link. 

If possible, it is also recommended to visit the OHCHR in Geneva or network with organisations that work directly with the OHCHR.  

The Complaint Procedure of the Human Rights Council 

What is the Procedure? 

It is a confidential procedure that aims to address consistent patterns of gross and reliably attested human rights violations in all UN member states, irrespective of whether they have ratified any particular treaty. It is useful for drawing attention to serious underlying problems and calling on the UN to investigate human rights situations in different countries. However, it is not a procedure that will provide a tangible remedy in a particular case.

Who can submit a complaint? 

The complaint must come from a person or a group of persons alleging a violation of their human rights and fundamental freedoms. In addition, NGOs are permitted to lodge a communication provided they have direct and reliable knowledge of the violations. 

Under what conditions? 

Your complaint will be admissible if the following conditions are met: 

1. It should include your name or the name of the organisation that is filing it. Its subject should be consistent with the Charter of the United Nations, the Universal Declaration of Human Rights (UDHR) and international human rights law. Your application should not be politically motivated.
2. Your complaint should give a complete description of the facts of the alleged violations, the rights that were violated as well as the perpetrator(s). It should not be based exclusively on mass media reports. 
3. You should attach to your complaint copies of all documents of relevance, especially administrative or judicial decisions on the complaints issued by national authorities. The language of the communication must not be abusive. 
4. Your complaint should not have already been dealt with by a Special Procedure, a treaty body, or any other UN or similar regional complaints procedures in the field of human rights. 
5. You should have first exhausted domestic remedies, (i.e., you should attempt to use the available national legal protections to seek accountability or reparation for the violation, appealing as necessary until the claim can be pursued no further at the national level), unless those remedies would be ineffective or unreasonably prolonged. You should demonstrate the steps you took to exhaust domestic remedies in your application.

Process for filing under that procedure? 

You should send your complaint to:

Complaint Procedure Unit

Human Rights Council Branch

Office of the United Nations High Commissioner for Human Rights

United Nations Office in Geneva

CH-1211 Geneva 10, Switzerland

Or by e-mail to cp@ohchr.org or to any country or regional office of the United Nations High Commissioner for Human Rights.

What should you expect?

After an initial screening is done, your complaint will be transmitted to the State concerned to obtain their views on the allegations of violations contained therein. You will be informed of the proceedings at the key stages and you might be asked to provide further information if necessary. The Human Rights Council will examine a report of your case confidentially (unless it decides otherwise) and may decide one of the following: to discontinue considering the situation when further consideration or action is not warranted; to keep the situation under review and request the State concerned to provide further information within a reasonable period; to keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council; to discontinue reviewing the matter under the confidential complaint procedure to take up public consideration of it; to recommend to OHCHR to provide technical cooperation, capacity building assistance or advisory services to the State concerned. All material provided by individuals as well as the replies by the Governments remain confidential during and after the consideration by the Complaint Procedure.

International Labour Organization - Representations’ procedure

The International Labour Organization (‘ILO’) is a specialised agency of the United Nations, responsible for developing and overseeing international labour standards. It has adopted 189 Conventions. The most important of them are the eight fundamental Conventions, which cover a broad range of topics concerning work, employment, social security, social policy and related human rights. They are legally binding on the states that have ratified them. 

Vietnam has ratified the following fundamental conventions: 

• Forced Labour Convention (No. 29)
• Right to Organise and Collective Bargaining Convention (No. 98)
• Equal Remuneration Convention (No. 100) 
• Abolition of Forced Labour Convention (No. 105)
• Discrimination (Employment and Occupation) Convention (No. 111)
• Minimum Age Convention (No. 138)
• Worst Forms of Child Labour Convention (No. 182)

You can find the Conventions ratified by Vietnam here.

What protections does the ILO offer? 

If any of your rights that are protected by an ILO Convention have been violated by your state, then you should consider approaching the ILO through the ‘Representations’ procedure.’ 

The procedure allows employers’ or workers’ organisations to make a representation against any Member State that has failed to respect the convention. You can also resort to that procedure if a private company is violating your rights and your state fails to protect you.

Who can file a complaint?

Individual victims are not permitted to file complaints before this Committee. Rather, you should inform a national or international organisation of workers (trade union) and they can file the complaint on your behalf.

Conditions:

The representation must:

1. allege that a Member State has failed to adhere to a Convention which it has ratified;
2. be communicated to the ILO in writing;
3. come from an industrial association of employers or workers;
4. make specific reference to Article 24 of the ILO Constitution;
5. concern a Member State of the ILO;
6. refer to a Convention to which the Member State in question is a party; and
7. indicate in what respect it is alleged that that Member State has failed to secure the effective observance within its jurisdiction of that Convention.

Note that it is not necessary to exhaust all domestic remedies before applying for representation with the ILO. If a case is pending before a national court, this will be taken into consideration by the ad hoc Committee. 

How to submit a representation?

All applications should be addressed to the Director General at the following address: 

4 Route des Morillons 

CH-1211 Genève 22 

Switzerland 

Or by email to: normes@ilo.org.  

Building a Strategic Campaign

The first thing you may want to consider is building a strategic campaign. A strategic campaign aims to exert pressure on the different strategic relationships of a business or state actor. To develop a strategic campaign, you should carefully analyse your situation and decide which actions will have the most positive impact on your case. 

For example, you will have to decide whether you want to deal with your case publicly or privately, loudly or quietly, in a manner that takes into account the political and other sensitivities that exist in your country. The purpose of the strategic campaign is for you to get a clear picture of the situation, the direction you want to take your case and the concrete actions you can attempt to take to achieve this result. 

This whole process will be demanding on your resources and your mental and physical health so do not hesitate to reach out and ask for help from organisations that are used to dealing with similar cases! There is no shame in doing so and they can provide you with valuable expertise. See Resource Hub.

To build a strategic campaign you and your collaborators can follow these five steps:

1 - Identify your objectives and overall goal: You can do this by asking yourself questions such as What do I want to happen? What do I hope to achieve?

Your overall goal will be the long-term and general outcome that you want to achieve. To reach this goal you will need to identify smaller steps and specific milestones that need to take place, these will be your objectives. 

! When deciding on your objectives, make sure that they are SMART:

• Specific - well-detailed, well-defined and action-oriented;
• Measurable - meaning that you can quantify and have an indicator of progress;
• Achievable - meaning that they can be realistically accomplished in the proposed time frame and with the resources you possess;
• Relevant - meaning that they are relevant to your overall goal and work;
• Time-Bound - meaning that you have set a clear deadline. 

2 - Take the time to do a policy analysis and identify your audience: You can identify the policies and regulations that need to change, the key actions and stakeholders who can influence decisions and understand the overall political context that will influence your overall goal. You will further need to identify the stakeholders that can help you achieve your objectives. For example, who are the decision-makers involved in the issue? What are the power dynamics at play? You should understand why and how each audience you approach can play a role in reaching your goal or can hinder it. Do not forget, when considering actors that could hinder your goal, to be as specific as possible and write down all details you can find on them including their names and functions. 

! Note that if some corporate actors can hinder your goal, other business representatives might help you achieve it! Businesses do not all have the same policies and attitudes when it comes to respecting human rights and the environment. By interacting with business representatives and industry groups you might find valuable allies that can provide you with support in a variety of ways including testifying on your behalf, paying for bail and fines, or speaking up on your behalf. 

3 - Identify your strengths, weaknesses and your message: It will be helpful for you to reflect on your internal strengths - skills, knowledge, resources, past experience - and weaknesses - missing networks, capacity for lobbying, contacts in the media or funding. Once you have identified these, you can search for opportunities that exist around you and will enable you to tackle your weaknesses and achieve your objectives. You should further consider the threats that could prevent you from achieving your objectives by asking yourself, who are your opponents? Is there a negative political climate around your objective? Identifying them early will enable you to minimise the damage and safety risks they can present.

Once you have reflected on your strengths and weaknesses, you will need to identify what your audience needs to hear and present your message in a persuasive and appealing way. At their core, your messages should be the same, however, depending on the audience you will target, you will need to adapt the way they are framed. Most of the time, advocacy messages have two major components: (1) a calling for what is right and (2) a calling for the audience’s self-interest. You can find different methods to develop advocacy messages by using the keywords “advocacy message” and “effective” on google.

4 - Identify your tactics and activities: Depending on your situation and objectives, you will have to use different strategies and tactics to reach your goal. To choose the appropriate tactics for you to use, you can develop a ‘results chain’. The chain will start with your overall goal and outline the small steps you will need to take to get there. In your chain, you can describe the assumptions you are making about the impact of the activities you plan on doing. This will help you reflect on your logic and might show you missing activities. It will further help you understand the kind of resources, be it financial or volunteers, that you will need to put your campaign into action. There are various organisations that you can reach out to for financial support. See Resource Hub. 

A few examples of activities include one-to-one meetings with high-level representatives, the organisation of workshops and conferences, the drafting of a letter to international civil servants, a mass participation event engaging members of the community, and social media posts or petitions. 

5 - Monitor and Evaluate: Finally, you want to make sure that you are keeping track of the efforts you are putting into your campaign to ensure that they are working. You will also want to organise meetings to monitor the campaign and make sure it is going in the direction you want. 

Grassroots Mobilisation

Grassroots mobilisation is about bringing together individuals - in your district, region, or community - to influence a specific outcome. It is one of the key elements in successful campaign strategies. Grassroots mobilisation can be highly effective, as we have seen with the #SaveAru movement because it uses collective action at a local level to influence outcomes at the national level. When every member of the community is participating in ways that they can, and are equally responsible and invested in the cause, the movement is truly powered by a collective leadership. The costs of the movement are further distributed between all members of the community and thereby become more affordable. 

To build grassroots mobilisation, you and your collaborators can follow five simple steps: 

1- Identify the cause you want to address and make a plan of action;

2- Find supporters and volunteers to join your campaign; 

3- Reach out and partner with local organisations and community leaders;

4- Implement your plan of action; and

5- Regularly evaluate your progress. 

! Do not forget that, when it comes to mobilising members of a community, listening and understanding are more important than influencing and persuading. Having several short conversations will be more efficient than a one-off long speech to a general audience! 

To get started, you should identify the cause you want to address. 

(1). The problem that you want to tackle most probably has a root cause. For example, it can be the lack of respect for human rights and the environment by a company which operates in proximity to your village and has threatened you; the absence of legislation by the government to protect people defending the environment; or the inefficiency of local government officials to implement a law, among other potential root causes. You need to identify the root cause you want to tackle so that you can clearly define the actions and steps you want to take to resolve the issue. Defining the outcome, you are looking to achieve will also be crucial to give your movement a clear direction. 

Once you have identified the cause you want to address, you can start creating awareness about your campaign and get interest from individuals in the community. 

(2). Communication will play a key role here and you can use different approaches such as door-to-door canvassing, face-to-face conversations, emails, phone calls or social media to reach as many community members as possible. Having a campaign website or a Facebook page can be a useful tool to speed up this process and will make you gain important visibility online! It will further constitute a good opportunity to start building the next step by building a list of potential partner organisations. 

Using your website and the networks of members from the community you can approach like-minded local organisations and community leaders. See Resource Hub.

(3). To reach out to them you could offer to give a short presentation about your campaign during their events or simply provide your help during their rallies to get to know like-minded people and talk about your campaign. Usually, civil society organisations have dealt with or assisted defenders in similar contexts in the past. They can share their valuable experience with you, guide you on what to do, explain the law and your rights, guide you on where to find support and identify pro bono lawyers that can help you plead your case or provide support in building an advocacy campaign. 

! You should not ignore community leaders! Community leaders can be valuable allies that you can collaborate with to convey important messages about your campaign. If a community leader endorses the changes and propositions you raise, they will be more likely to be accepted and followed by the community and your movement will gain traction. Examples of community leaders that can help you are religious leaders, local political office holders or village figureheads. 

Once you have built a solid basis of supporters you can start implementing your plan of action. 

(4). You can take a variety of actions as part of your plan including rallies, outdoor events, in-house groups, training sessions, organising for a group of volunteers to exchange with the local representative or staging a demonstration. No matter the activity that you choose to conduct, the key to success will be having successful communication. You can keep your supporters up to date on actions conducted through SMS, WhatsApp, and encrypted apps such as Telegram and/or post your announcements for events on your campaign website and Facebook page. Do not forget to communicate with your organisers and volunteer team to make sure everyone has the same information including the date, time, and place of the events. 

During your campaign, you can organise regular meetings with your supporters to evaluate the success of your actions. 

(5). This will enable you to reflect on what went well and what did not and give you avenues for improving your upcoming events. At the end of the campaign, it will also enable you to see if you have reached your objectives. 

Coalition Building

Reaching out to other organisations and talking about your case will allow you to build coalitions. A coalition is a temporary alliance of individuals, groups or organisations that want to achieve a common goal. Forming a coalition with other organisations that have similar values, interests, and goals as your own will allow you to combine your resources and thereby have more impact than if you acted alone. It can be of great help to shift the balance of power and increase the impact of each of your organisation's efforts. Actions taken by the coalition can be focused towards bringing attention to your and other human rights defender cases in the media, requesting for a motion filed by lawyers to be considered or requesting the international community to act. 

To successfully build a coalition you need to take a series of steps.

1. Before anything else, you should define what your main goal is. Your main goal will be at the centre of the initiative and organisations that you are going to approach are going to ask about it regularly. Ideally, you want to be able to present your goal in a manner that is easy to understand and appears attainable. To do so, you can present it through bullet points illustrating the key ideas and goals and condense it into one sentence. 
2. Then you should identify your key stakeholders, leaders, and players. You should be strategic when choosing the organisations to enrol in your coalitions, recognising compatible interests between you, your organisation and other groups or organisations. Stakeholders may include local civil society organisations, international non-governmental organisations and national or international trade unions. 
3. Once you have identified who you want to be a part of your coalition, you can start approaching and trying to mobilise them. You may need to demonstrate to the organisations that your goals are similar and compatible. You can also show them how working together will have a positive impact on everyone’s ability to reach their objectives and that the benefits of building a coalition will outweigh the costs. 
4. While attempting to mobilise partner organisations, you must keep in mind that building a coalition can be a long process and that your short-term goals might transform into longer-term battles. Keep committed to your objectives, with a little flexibility, so you can take advantage of new and innovative opportunities to reach your goals. Also, take into account that the level of commitment of your partner organisations will differ, and although it is perfectly normal, you should hold tight to the organisations that are in it for the long haul. To do so you can see them as a steering committee for your coalition and regularly require their input. 
5. Once you have gathered all members of your coalition, you can host an event to bring all of them together and connect with one another, collaboratively discuss your goals, and show them the actions you had in mind. Adding value to your event can help attract participants. For example, you could invite a guest speaker, provide training, or build the event around a known human rights celebration. 
6. As you will move forward with your coalition, keep in mind to follow up with your members. Regularly thanking them for their input and recognising their efforts will keep everyone motivated and encourage initiatives. You can achieve that by using email newsletters, posts on social media or SMS channels and face-to-face meetings. 

Bring media attention to your case

Another complementary strategy for your case may be to gain visibility and attention by getting media coverage. Before deciding if you want to use this strategy, you should ask yourself whether you want your case to be publicly known and talked about or if you would rather go about, it quietly. Gaining media coverage can play a pivotal role in presenting your case, promoting it in public debate and positively shaping public opinion in your favour. However, this may expose you to further retaliation, as companies may use strategic lawsuits against public participation (please see Section on SLAPPs) to try to silence you. For example, the company could bring a defamation suit against you, the journalist who interviewed you and/or the organisation that published the article. Importantly, you must be careful that the journalist does not reveal your current location so as not to compromise your safety.

To attract media coverage, your story should be prepared in such a way as to catch the attention of readers. You can do this by highlighting why your organisation exists, how important your work is to society and by providing details about the abuse that you have suffered. If you can, try to link your story to an issue that is currently talked about in the public space as this will be more likely to interest the media. Finally, if you can show how your story affects other people and has an impact on wider society, this will increase interest of newspapers. 

Once your story is ready, you can use social media to promote it by publishing blog posts, Instagram stories, Facebook posts and/or tweets. This will enable you to gain public attention and establish your cause before getting traditional media interested in what you have to say. 

If you want the attention of mainstream media, you can collaborate with other national and international organisations to contact reporters. You can reach journalists by email, through their social networks (such as LinkedIn, Facebook or Twitter) or partner organisations. You will have a better chance of getting your interview request accepted if you choose journalists who are used to covering the same kind of story as yours. 

! Be aware that journalists can receive a lot of requests so keep your emails short and to the point! 

If you don't get a response to your first contact request, you can follow up by tweeting the reporter or trying to contact them by phone. Don't get discouraged as getting media attention can be a long process during which you may end up sending your story to twenty journalists before one response. 

When a journalist becomes interested in your story, they will most likely want to talk to you in person. To make sure you are well prepared for the interview, keep in mind three key points you want to make and practice answering questions with a colleague. 

Once the interview is over, do not forget to thank the journalist for his or her time. Following the publication of the article, you can forward it to regional or national newspapers thereby gaining exposure and/or circulating it among your partner organisations.

Bring attention to your case to other businesses and industry groups

Although business-related human rights abuses find corporate actors at the heart of the human rights abuses, you should not forget that businesses and industry groups do not all have the same policies, attitudes, and views when it comes to respecting human rights and the environment. 

You might want to look for allies in the private sector by reaching out to business representatives and industry groups and explaining the issues you are facing. Private actors might become valuable allies who can provide you with support in a variety of ways including by testifying on your behalf, paying for bail and fines, or speaking up on your behalf.

Bring attention to your case at the international level

Equally important is to make your case known at the international level. 

National and international non-governmental organisations are allies in your strategic campaign and have a fundamental role to play in channelling information to relevant institutions abroad. One of their main tasks is to submit so-called shadow reports to international bodies or during the Universal Periodic Review Process. Those reports analyse how and if the government is realising human rights at the national level and provide the necessary background information to international organisations. In turn, if the shadow reports reveal information on serious and systematic violations of the rights protected by the conventions in the country concerned, international institutions can initiate inquiries or visits to the territory of a State Party. By making your case known to NGOs and INGOs, it can be included in their shadow report. Although this will not give you a tangible remedy, you will have added your brick to the wall of human rights in your country. 

You can also bring international attention to your case through the various organisations worldwide that work to protect human rights defenders - including Frontline Defenders, Protect Defenders and Peace Brigades International. You can register your case with one of them, and they will identify the best ways to support you internationally. Be aware that they may publish something on their website or link you with other victims or experts worldwide. If your case is widely known, the offenders might hesitate to retaliate against you in the future. Many organisations work on business and human rights issues that can share legal resources with you, both domestically and internationally. Most importantly, both kinds of organisations can direct you on where to find funding and donors to continue your legal case and to propose other resources necessary for your work as a human rights defender.

Bring attention to your case in the political spheres

You can also contact political figures to draw attention to your case. For example, you can ask a foreign diplomat - by contacting the foreign ministry of the country in question or the embassy - to listen to your story, to come to your trial or simply to have a photo taken with you. This will show your abuser that your case is being taken seriously at the international level and may make them think carefully about retaliatory actions in the future. 

If you are uncomfortable with contacting diplomats of foreign countries, you can contact international civil servants instead. International civil servants are not linked to a specific country but rather to an organisation. To contact them, you can look up the offices of OHCHR, UNDP or the ILO in your country. These organisations often organise informal events such as consultations and webinars during which you can have the opportunity to raise your concerns and build a support network.