Before entering into or renewing a partnership, we invite you to assess the risks of that partnership by taking the fundamental rights test.

There are two key factors to consider when assessing an agreement with a partner institution or organisation:  
  • The institution/organisation itself 
  • The activities undertaken under the agreement. 
Below you will find two questions and some sub-questions that can help you determine whether an agreement should be forwarded to the point of contact for the High-risk Partnerships Committee for a more in-depth assessment. 
 
If you answer yes to either of the two questions, the fundamental rights test shows that the collaboration could have a negative impact on fundamental rights. In this case you need to get in touch with the point of contact for the High-risk Partnerships Committee. Please also contact them if you have any doubts about your risk assessment. 
 

The Institution 

Main question 

  • Is there a risk that the institution or partner organisation will be directly or indirectly responsible for serious or systematic fundamental rights violations*?
*violations are classified as serious according to the nature of the violation (e.g. serious attacks on the physical and psychological integrity of individuals or groups); systematic violations are those that occur repeatedly, meaning that they can no longer be considered occasional, but can reasonably be assumed to be inherent in the practice or established policy of a partner.


Sub-questions

  • Has the partner been involved in fundamental rights violations in the recent past?
  • Has the partner been accused of being involved in fundamental rights violations in the recent past?
  • Is the partner active in a sector linked to fundamental rights violations?
  • Does the partner come from a region known for its fundamental rights violations? 

It should be noted that a partner is not responsible for any human rights violations committed by the government in which it is not involved, nor for simply applying a problematic law. The assessment is limited to establishing whether a partner is violating fundamental rights. 

Examples of problematic partners 

  • University partners that systematically discriminate against certain people on the grounds of their gender, ethnicity, political opinions, nationality, religion, etc. by, for example, denying them access to the university or promotions within the institution;
  • University partners that regularly dismiss staff members for criticising government policy;
  • University partners whose security staff use excessive force (with or without death) to suppress student protests;
  • Partners that are state actors, such as the army, police, prisons, etc. and have been shown to be committing or have committed serious violations of fundamental rights in the past (for example, use of excessive violence to suppress demonstrations, imprisonment of minorities in "re-education camps", torture of suspected terrorists, expulsion and murder of minority groups);
  • University or non-university partners that contribute actively to serious human rights violations committed by a national government;  

Cooperation with the aforementioned types of partners must be critically reflected upon and assessed in the light of the serious and/or systematic fundamental rights violations committed. This applies independently of any activities that might be carried out in cooperation with the partner. In other words, even if the intended activities have no connection with the fundamental rights violations in question, the partnership is still problematic. 

The activities 

Main question 

  • Is there a risk that the activities undertaken under the agreement will contribute directly or indirectly to a fundamental rights violation?

Sub-questions

  • Could the cooperation itself lead to serious and/or systematic fundamental rights violations?
  • Could the results of the cooperation lead to and/or systematic fundamental rights violations? (e.g. the results of the cooperation, particularly in a joint research context, could provide the partner with a means of committing violations)
  • Is there a risk that fundamental rights violations will occur as part of the project? 

Examples of problematic activities 

  • Activities for which the partner(s) makes/make use of child labour, forced labour or slavery;
  • Activities that constitute unlawful discrimination, for example an exchange agreement or joint PhD agreement that is not open to certain categories of person because of their gender, ethnicity, religion, nationality, etc. with no justified objective reason (e.g. "positive discrimination");
  • Activities with detrimental side-effects, such as damage to or destruction of indigenous populations' land and/or cultural assets.

The aforementioned activities are problematic since they appear at first sight to involve human rights violations. They should therefore be treated as such. Regardless of the intended cooperation partner (and even if it has an unblemished track record in respecting fundamental rights), the university must openly ask itself if it can contribute positively, in one way or another, to solving the problem in question. At the very least, the university must endeavour to prevent the cooperation from being misused, exploited for political communication purposes or used to legitimise a policy that runs counter to respect for fundamental rights. 

How should I answer the questions? 

1. You should answer the questions based on your current knowledge of the situation. You are not expected to be aware of every incident that happens and, in most cases, there is no need to worry.

The following websites are a good place to start: 

2. Check if the activity is subject to fundamental rights violations. Also check if the region where the activity is taking place is known for its fundamental rights violations.

3. Check if the partner has been criticised for fundamental rights violations.

4. Does the activity, partner, sector or region seem to be linked to serious and/or systematic fundamental rights violations? Please contact the point of contact for the High-risk Partnership Committee. Please describe the proposed collaboration and provide any evidence of fundamental rights violations.

If you have any doubts, get in touch with the point of contact for the High-risk Partnerships Committee. It will be able to carry out a more in-depth investigation and will give its opinion on the collaboration.



 
Updated on May 17, 2024