The External Human Rights Policy of the EU:

1
The External Human Rights Policy of the EU

• Development, Challenges
• And Prospects

2
What are human rights?

• Human rights are inherent to the dignity of every
  human being - the law does not grant rights, but
  recognises them
• Human rights are a concern of all
• A common standard of achievement for all
• They regulate relations between the State and
  individuals
• In brief they apply equally to everyone,
  everwhere and always

3
The Universal Declaration of Human Rights

• All human beings are born free and equal in
  dignity and rights   (article 1)
• The Second World War and the post-war context
• The foundation of international human rights law
• http//www.knowyourrights2008.org/

4
Three  generations  of human rights?

• first generation (political and civil rights)
• e.g. right to vote, assemble, stand for
  election, fair trial
• second generation (socio-economic and cultural)
• e.g. right to work, housing, health care,
  food, social security, education, practice ones
  own culture
• third generation (collective)
• e.g. natural resources, intergenerational
  equity, right to land, etc.

5
The indivisibility of rights

• UN Conference on Human Rights Vienna June 1993
   all human rights are universal, indivisible,
  interdependent and interrelated. 
• ICCPR and ICESCR The ideal of free human beings
  enjoying civil and political freedom and freedom
  from fear and want can only be achieved if
  conditions are created whereby everyone may enjoy
  his civil and political rights, as well as his
  economic, social and cutural rights
• Key notions
• core minimum
• progressive realisation
• Non-discrimination
• Justiciability
• Evolutive rights

6
State obligations

• Respect to refrain from actively violating human
  rights (while enacting State policy, laws and
  actions)
• Protect act to prevent violations by third
  parties (introduce law, guarantee access to
  redress)
• Fulfil act to attain the most rapid enjoyment
  of rights for all (take measures to achieve the
  progressive realisation of rights)

7
Democracy and Human Rights

• DEMO and HR interdependent and inseparable
• Human Rights standards underpin any meaningful
  conception of democracy
• Democracy is the only form of government that
  creates the space and conditions within which the
  individual can fully enjoy human rights
• Basis of democracy is its principles, norms
  standards and values many of which are enumerated
  in international HR instruments

8
The Core International Human Rights Treaties

• The International Covenant on Civil and Political
  Rights (ICCPR 1966/1976)
• The International Covenant on Economic, Social
  and Cultural Rights (ICESCR 1966/1976)
• The International Convention on the Elimination
  of All Forms of Racial Discrimination (ICERD
  1965/1969)
• The Convention on the Elimination of All Forms of
  Discrimination Against Women (CEDAW 1979/1981)

9
The Core International Human Rights Treaties

• The Convention Against Torture and Other Cruel,
  Inhuman or Degrading Treatment or Punishment
  (CAT 1984/1987)
• The Convention on the Rights of the Child (CRC
  1989/1990)
• The Convention on the Rights of Migrant Workers
  (CMW 1990)
• The Convention on Protection of all Persons from
  Enforced Disappearance
• The Convention on the Rights of Persons with
  Disabilities(December 2006)
• other specific treaties (ILO 169, on labour)

10
Status of ratification

• All States have ratified at least one of the nine
  core conventions and 80 have ratified four or
  more
• ICCPR 160 parties (not China, Laos etc)
• CRC 193 parties (not USA, Somalia)
• CEDAW 185 parties
• CMW no EU MS ratification
• Disab. EC ratification

11
A gradual introduction ofhuman rights into the
EU system

• The Council of Europe/ECHR
• The European Court of Justice ( general
  principles of law  - MS common constitutional
  traditions)?
• Introduction of HR in external and internal
  policies in the 90's
• Legal basis
• Enlargement process (Copenhagen criteria)?
• Charter on Fundamental Rights

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Legal basis

• The Union is founded on the principles of
  liberty, democracy, respect for human rights and
  fundamental freedoms, and the rule of law,
  principles which are common to Member States
  (TEU, article 6)?
• CFSP objective to develop and consolidate
  democracy and the rule of law, and respect for
  human rights and fundamental freedoms (TEU,
  article 11)?
• Community development co-operation policy and
  economic, financial and technical cooperation
  with third countries shall contribute to the
  general objective of developing and consolidating
  democracy and the rule of law, and to that of
  respecting human rights and fundamental freedoms
  (TEC, articles 171 and 181).

13
Why HR/D in external policy?

• A moral conviction
• Internal consensus
• Projection of EU values and principles
• Interest in promoting stability, security and
  prosperity

14
Players involved

• Council of the European Union
• The Council Working group on Human Rights - COHOM
• Personal Representative of the SG/HR for Human
  Rights)?
• Missions
• European Commission
• Special Units in External Relations DGs
• Delegations
• European Parliament
• DROI HR subcommittee
• Annual Report, Urgency Debate, Questions, Assent
  to agreement, Sakharov Prize

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Policy tools

• Diplomatic tools
• Council conclusions Common strategies and common
  positions Joint actions
• Political dialogue and consultations (bilateral,
  regional)?
• Démarches
• Declarations (EU, PRES, HoMs)
• International and regional fora (UNGA, OSCE,
  CoE)?
• HR Guidelines
• Carrots and Sticks
• HR Clause
• Financial Assistance
• GSP, FTA
• Autonomous sanctions

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EU Human Rights Guidelines

• Death penalty (1998)
• ? Human rights dialogues (2001)
• Torture and other cruel, inhuman or degrading
  treatment or punishment (2001)?
• Children and armed conflict (2003)?
• Human rights defenders (2004)? International
  Humanitarian Law (2005)
• Rights of the Child (2007)
• ?

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A framework for EU Action

• The EU Guidelines provide the general framework
  for EU action in a specific area towards third
  countries, as well as in multilateral human
  rights fora, such as the UN.
• The guidelines do not create new legal
  obligations, but are the expression of a
  political commitment to carry out systematic and
  sustained action in a specific area of human
  rights.
• The Guidelines foresee the use of all available
  tools of diplomacy and cooperation to reach their
  objectives, most notably through political
  dialogue, demarches and assistance under the
  European Instrument for Democracy and Human
  Rights (EIDHR).

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Human Rights defenders

• Guidelines supplemented by Manual (2004) and
  Council conclusions (2006)
• UN definition individuals, groups and organs
  of society that promote and protect universally
  recognised human rights and fundamental freedoms
• Activities of HR defenders documentation of
  violations, seeking remedies for victims of such
  violations, combating cultures of impunity

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EU role HR defenders

• EU monitoring, reporting and assessment
• EU embassies/delegations to support and protect
  HR defenders by coordinating and sharing
  information maintaining contacts providing
  visibility observing trials
• Statements and demarches
• Support to UN special procedures special
  representative on HR defenders

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Objectives of HR dialogues

• Discussing questions of mutual interest and
  enhancing cooperation on human rights
• Registering the concern felt by the EU at the
  human rights situation in the country concerned,
  information gathering and endeavouring to improve
  the human rights situation

21
Human rights dialogues

• Around 30 HR dialogues ongoing
• Structured Human Rights dialogues, such as with
  China
• Agreement-based dialogues dialogues based on
  human rights clauses in trade and cooperation
  agreements (e.g. Morocco)?
• Troika consultations on human rights issues (e.g.
  US, Japan)?
• Ad hoc dialogues all other dialogues and
  consultations on human rights either set up
  locally or otherwise (e.g. Turkmenistan)
• Human rights raised during political dialogue
  meetings with third countries

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ACP countries

• Regular political dialogue Article 8
• Art 8 dialogue includes human rights
• Intensified political dialogue
• Article 96 consultations
• Sanctions

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ENP human rights subcommittees

• Egypt SC on political matters, human rights and
  democracy, international and regional issues HR
  Subcommittee
• Morocco HR Subcommittee
• Israel informal working group on HR
• Jordan HR subcommittee
• Lebanon HR subcommittee
• PA no HR subcommittee
• Tunisia HR subcommitee

24
International fora

• UN General Assembly Third Committee Human
  Rights Council (Coordination, initiatives)?
• OSCE
• Council of Europe

25
Human rights clause

• Standard in most agreements since 1995 (exception
  for trade agreements with industrialised
  countries)?
• Respect for human rights and democratic
  principles as laid down in the Universal
  Declaration of Human Rights underpins the
  domestic and international policies of the
  Parties, and constitutes an essential element of
  this Agreement
• Basis for positive and negative measures (12
  suspensions with ACP countries)?
• Revised mandate of HoDs

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EU Strategy for Development

• The European Consensus on Development
• (And the 2006 EC Communication on Governance in
  the European Consensus on Development)?
• Recognise that the EU primary goal- poverty
  reduction -including the pursuit of the MDGs can
  only be achieved in a sustainable manner where
  there are accountable governments and respect for
  human rights.
• stresses the importance of mainstreaming this
  concept in all development-relevant activities.

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What is mainstreaming?

• Mainstreaming is the process of integrating
  human rights and democratisation issues into all
  aspects of EU policy decision-making and
  implementation, including trade and external
  assistance.

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Why Mainstreaming?

• Development is about economic growth but also a
  social, cultural and political process, aiming at
  the improvement of the well-being of all
  individuals, on the basis of their active, free
  and meaningful participation in development and
  in the fair distribution of the resulting
  benefits. (Amartya Sen enhancement of peoples
  capabilities and widening of their choices)?

29
Generalised System of Preferences (GSP)?

• GSP may be withdrawn from beneficiaries for
  violations of human rights or export of goods
  made by prison labour
• Burma (slave labour)/Belarus (TUs)?
• GSP incentive arrangements

30
Financial Assistance

• European Instrument for Democracy and Human
  Rights (EIDHR)?
• Direct grants to NGOs worldwide
• Increasing concern from some governments
• Priorities
• Election Observation Missions
• Geographic instruments support institutional
  reform (e.g. legal, judicial and administrative
  reform, national human rights institutions,
  electoral processes, independent media)

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CHALLENGES (1)

• 1. Conceptual intl. human rights regime
  questioned
• Universalism versus cultural relativism Asian
  values and the full-belly thesis autocracies
  and basic needs satisfaction
• National sovereignty versus universal respect for
  human rights non-intervention versus
  responsibility to protect
• 2. Political increasing North-South Polarisation
• Rise of emerging global and regional powers
  (China, Russia, etc)
• Resilience of autocratic and semi-autocratic
  regimes, e.g. competitive authoritarianism
• Increasing assertiveness of new players (Russia,
  China, Venezuela, Arab states, etc)
• US policies under Bush administration
  pre-emptive war and freedom agenda
• US (Guantanamo, Abu Ghraib, interrogation
  techniques) and EU (cooperation with US on war
  on terror, treatment of migrants) accused of
  double-standards

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CHALLENGES (2)

• Are Western democracies losing the battle in the
  UN Human Rights Council?
• How to regain legitimacy in the international
  human rights discussion?
• How to render the international human rights
  regime more effective?

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PROSPECTS (1)

• EU-US transatlantic partnership
• Reinvigorate transatlantic alliance on human
  rights with new US administration
• US to join UN Human Rights Council
• US to reinforce efforts to work under
  international legal and human rights framework,
  e.g. closure of Guantanamo, ban on torture,
  ratification of key international HR covenants,
  membership in International Criminal Court, etc

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PROSPECTS (2)

• Autonomous EU actions
• Streamline intra-EU coordination and engage in
  more diplomatic outreach in international and UN
  fora
• Build global human rights coalitions via
  established partner structures, e.g. ACP, LAC,
  ENP
• Apply human rights and democracy conditionality
  more evenly in development cooperation
  partnerships
• Provide additional financial support for inducing
  third countries in respecting their human rights
  commitments
• Give more financial support to help NGOs
  scrutinize human rights issues across the UN
  system and in the respective countries
• Adopt a comprehensive and coherent EU specific
  human rights and democracy promotion concept

36
EU annual human rights report

• Annual Report on Human Rights
• http//ec.europa.eu/external_relations/human_right
  s/intro/index.htm

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Websites

• European Commission External Relations
  http//ec.europa.eu/comm/external_relations/human_
  rights/adp/index.htm
• EuropeAid http//ec.europa.eu/comm/europeaid/proje
  cts/eidhr/index_en.htm
• European Commission Delegations
• http//ec.europa.eu/comm/external_relations/deleg
  ations/intro/web.htm
• Council of the European Union
• http//www.consilium.europa.eu/showPage.asp?id24
  8langenmodeg
• European Parliament
• http//www.europarl.europa.eu/comparl/afet/droi/d
  efault.htm