The EuroMediterranean

1

• The Euro-Mediterranean
• Human Rights Network
• Supported by a grant from Foundation Open Society
  Institute (Zug) and
• the European Commission

2
Presentation Outline

• PART I
• Human Rights Mechanisms in EU-South Mediterranean
  Countries Relations
• PART II
• Contributing to implementing these Mechanisms
  How Can NGOs Act with the EU institutions ?

3
Human Rights Mechanismsin EU-South
Mediterranean Relations
4
EU-Mediterranean Countries Relations

• The Euro Mediterranean Partnership (EMP)
  Barcelona Declaration, 27-28 Nov.1995
• The European Neighbourhood Policy (ENP)
• EU Commissions Communication, 11 March 2003
• The EU Strategic Partnership with the
  Mediterranean and the Middle East, 2004
• Strategic Guidelines for Reinvigorating EU
  Actions on HR and Democratisation with
  Mediterranean Partners, EU Commissions
  Communication, 21 May 2003

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 Why are EMP/ENP HR instruments important ? 

• Problems
• Persistence of violations of HR and democratic
  values
• International context11/09 - fight against
  terrorism - EU enlargement
• Middle East conflict and other conflicts
• Economic and social inequalities
• Discriminations
• Extremisms

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Why are EMP/ENP HR instruments important ?

• Potentialities
• A relevant framework and platform for the
  promotion of HR in the region
• To enhance the efficiency of EMP and ENP and
  existing HR and democratisation mechanisms  
• The development of civil society and NGOs
  cooperation in the region
• To strengthen the capacity of civil society to
  promote HR and democracy within the context of
  the EMP and ENP

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• The Euro-Mediterranean
• Partnership

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EMP The Euro Mediterranean Partnership
/Barcelona Process

• 10 Mediterranean Countries and 25 EU Member
  States
• Objectives of the Barcelona Declaration,1995
• to create an area of dialogue, exchange and
  cooperation guaranteeing peace, stability and
  prosperity
• requires a strengthening of democracy and
  respect for human rights

9
EMP 3 Chapters, 2 Dimensions

• Chapters
• Political and Security Matters
• Economic and Financial Issues
• Social, Cultural and Human Affairs
• Dimensions
• Multilateral/Regional Cooperation on common
  issues
• Bilateral/Based on Association Agreements

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EMP Regional Cooperation HR Commitments of
the Barcelona Declaration

• Respect of the United Nations Charter and the
  Universal Declaration of Human Rights
• Development of the rule of law and democracy
• Respect Human rights and fundamental freedoms
• Promotion of Womens rights
• Recognition of the essential contribution of
  civil society
• Respect for fundamental social rights
• Action of support for democratic institution and
  for strengthening of the rule of law and civil
  society

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EMP Barcelona 10, Nov.
2005 Evaluation

• Priority to economic cooperation
• Security approach (anti-terrorism migration)
• At the expenses of implementation of HR
  commitments
• Weakening of role of civil society

12
EMP Barcelona 10 Perspectives Five
years work programme

• 4 Priorities
• Political and Security Partnership
• Democratisation, HR, womens rights,
• civil society in accordance with national
  legislation
• Social and Economic Development
• Education
• Migration, Justice and Security

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EMP Barcelona 10 Perspectives F
ive years work programme

• 2006 EuroMed Conference on HR ?
• July 2006 Euro-African Conference on Migration
• Nov 2006 EuroMed Conference on Womens
  rights 1 Preparatory Conference
• 2007 Euro-Med Conference on Migration ?
• 2007 Democracy Facility ?

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EMP Regional Cooperation General
Institutions

• EuroMed Foreign Affairs Ministers Conferences
• EuroMed Meetings of Sectorial Ministers
• EuroMed Committee for the Barcelona Process
• Senior Officials Meetings on the Political and
  Security Dialogue
• EuroMed Parliamentary Assembly
• EuroMed Civil forum

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EMP Regional Cooperation Specialised
Institutions

• Anna Lindh Euro Med Foundation for the Dialogue
  between Cultures
• EuroMed Economic and Social Committee
• EuroMed Committee of Regions

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EMP Bilateral Dimension Association
Agreements

• Adoption
• Negotiated by the EU Commission and each
  Mediterranean partner
• Adopted by the EU Council and the Med partner
• Ratified by all EU Member States and the Med
  partner
• Assent of the European Parliament

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EMP Bilateral Dimension Association
Agreements

• Objectives
• Political dialogue on issues of common interest
• e.g.
• Respect for HR and democracy
• Fight against Terrorism
• Economic and sector cooperation
• e.g.
• agriculture, transport, environment, tourism,
  energy
• Social and Cultural Cooperation
• Cooperation on Migration

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• EMP Bilateral Dimension
• Association Agreements

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EMP Bilateral Dimension Association
Agreements
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EMP Bilateral Dimension HR Commitments

• Article 2 of All Association Agreements
• HR mentioned as an essential element of the AA
• HR clause is legally binding
• Possibility of suspension of the AA (never with
  Med countries so far)
• Positive implementation by the EU

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EMP Bilateral Dimension
Institutions
Association Council Ministerial
level Association CommitteeSenior Official
level
Sub Committees
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EMP Bilateral Dimension Institutions

• Sub-Committees on (e.g.)

• Human Rights with Jordan (June 2005), Morroco
  (November 2006), Tunisia ?
• EU-Israel Ad hoc Working Group on HR, 7 June 2006
• Political dialogue and cooperation
• Economic and financial matters
• Social and immigration affairs
• Customs cooperation and taxation
• Agriculture and fisheries
• Internal market
• Industry, trade and services
• Justice and legal matters
• Transport, energy and environment
• Research, innovation, information society,
  education and culture

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The European Neighbourhood Policy

Source EU Commission
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ENP Objectives

• Launched in 2003 by the EU
• To create a ring of friends (Med, Eastern
  European and Caucasus Countries)
• To share benefits of the EUs 2004 enlargement
• To strengthen Security, Stability, Well-being
• To develop a mutual commitment to common values
• especially the rule of law, good governance, the
  respect for HR
• To enhance economic relations and closer
• cooperation
• Access to EU internal market and policies ?

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ENP Principles

• Voluntary Basis
• Differentiated and Progressive approach
• according to the degree of commitment to common
  values as well as the capacity to implement
  jointly agreed priorities
• Positive conditionality
• Monitoring process of implementation with a
  financial incentive future European
  Neighbourhood and Partnership Instrument (ENPI)
  Democracy Facility(?)

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ENP Means

• Bilateral approach
• Country Reports
• EU analysis of the political and economic
  situation
• Basis for the development and assessment of the
  APs
• Action Plans
• Jointly agreed political documents
• Define objectives and actions for reforms
• Toward European Neighbourhood Agreements?

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ENP First Country Reports / Action Plans

• Among the Euro-Med partners
• Morocco
• Tunisia
• Jordan
• Israel
• Palestinian Authority
• Country reports issued on 12/05 /2004
• Action Plans presented on 9/12/2004
• 2005 Start of negotiations with Egypt
• 2006 Start of negotiations with Lebanon

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ENP Action plans

• Not Legally binding
• Build on Association Agreements
• Commitment to Common Values
• Including rule of law, democracy, respect of HR
• References to the Barcelona Declaration
  Principles
• Monitoring by Sub-Committees
• First Evaluation after 2 Years of Implementation
  (End 2006)

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ENP Action plans

• Priorities
• Political dialogue and reforms, incl. HR
• Economic and social reform
• Trade
• Migration, Justice and Home affairs
• Transport, energy, information society,
  environment
• People-to-People contacts

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The EU Strategic partnership with the
Mediterranean and the Middle East

• In response of USAsGreater Middle East
  Partnership Initiative
• EU Common Strategy on the Mediterranean Region
  (June 2000)
• EU Strategic Partnership with the Mediterranean
  and the Middle East (June 2004)
• Targets Med countries, Libya, Mauritania, Gulf
  Countries, Yemen, Iraq and Iran
• Implementation through existing instruments
  (EMP,ENP)

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The EU Strategic partnership with the
Mediterranean and the Middle East

• Policy Agenda
• Middle East Peace Process (Quartets Road Map)
• Political dialogue, HR and the rule of Law
• Non-proliferation, security dialogue and counter
  terrorism
• Migration
• Economic Reforms
• Social Development
• Cultural Dialogue

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The EU Strategic partnership with the
Mediterranean and the Middle East

• Political dialogue, HR and the rule of Law
• Legal reform
• Electoral process and judiciary reform
• Implication of Civil Society
• Implementation of the HR recommendations of the
  EU Commissions Communication (2003)
• develop national action plans on HR and
  democracy and provide financial and other
  assistance for their implementation
• Seek to establish sub-committees on HR and
  democracy under all AA
• implementation of concrete reforms measures

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Strategic Guidelines for Reinvigorating EU
Actions on HR and Democratisation with
Mediterranean Partners

• EU Commissions Communication, 2003
• Deals with HR at bilateral and regional levels
• 10 concrete recommendations on EU actions to
  improve HR

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Strategic Guidelines for Reinvigorating EU
Actions on HR and Democratisation with
Mediterranean Partners

• Recommendations
• Systematic inclusion of HR in all dialogues and
  creation of Working Groups on HR
• Analysis of the HR situation in each country
• More coherent and consistent approach
• Consultation with Civil Society
• National HR action plans
• Regional or sub-regional action plans (i.e. on
  womens rights, Justice)
• HR Mainstreaming into MEDA
• Support for HR promotion at the regional level
• Strengthening EIDHR (civil society regional
  support/complementarity with MEDA)
• More co-ordinated and efficient electoral support

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• How to Act on the EU Human Rights Mechanisms?
• The EU Institutions

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The EU System

• 1st Pillar
• Community (EC)
• Decision at Majority of Member states
• Economic matters
• Internal Market
• Other policies, incl. asylum, development
  cooperation, trade and customs

• 2nd Pillar
• Common Foreign and Security Policy (CFSP)
• Unanimity of MS
• Political and security dimension

• 3rd Pillar
• Police and Judicial Cooperation in Criminal
  Matters
• Unanimity of MS
• incl. Migrations

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General EU Commitments on HR EU Treaties

• The EU is founded on the principles of liberty,
• democracy, respect for HR and fundamental
  freedoms, and the rule of law, principles which
  are common to the Member States (Art.6 EUT)
• HR as an objective of
• CFSP
• to develop and consolidate democracy and the
  rule of law, and respect for HR and fundamental
  freedom (11.1 EUT)
• Development cooperation and economic, financial
  and technical cooperation with third countries
• to contribute to the general objective of
  developing and consolidating democracy and the
  rule of law, and to that of respecting HR and
  fundamental freedoms (181a and 177.2 ECT)

38
General EU Commitments on Human Rights

• 1995, EU Commissions Communication, The
  inclusion of respect for democracy principles and
  HR in agreements between Community and Third
  Countries
• HR Clause in all bilateral agreements
• 1996, EU Commissions Communication,
  Incorporating equal opportunities for women and
  men into all Community policies and activities
• Gender mainstreaming principle
• 2000, EU Charter of Fundamental Rights
• Guide EU Commissions actions within its external
  relations
• 2001, EU Commissions Communication, The EU Role
  in promoting HR and democratisation in third
  countries
• HR mainstreaming

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EU Institutions

• European Council
• Council of the European Union
• European Commission
• European Parliament
• European Court of Justice

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European Council

• Composition
• 25 Heads of States and Governments
• Competences
• Sets the general political orientations of EU
  policies

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Council of the European UnionComposition

• Ministers of the 25 Member States
• Eg General affairs Council
• External relations Council
• (Ministers of Foreign Affairs)
• Presidency
• Finland July/dec 2006
• Germany Jan/June 2007
• Portugal July/dec 2007
• Slovenia Jan/June 2008
• Troïka (current and future Presidencies and
  Commission)

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Council of the European UnionCompetences

• Legislative body
• Decision making body regarding EU foreign
  policies
• Conclusion of international agreements
• Adoption of ENP Action Plans
• Instruments
• - Regulations, directives, decisions, common
  actions, common positions, recommendations,
  opinions, conclusions, declarations, resolutions,
  demarches
• - HR Guidelines on
• HR defenders, Death Penalty, Torture,
• HR dialogues with third countries, Children in
  armed conflict

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Council of the European Union Assisted by

• General Secretariat of the Council
• COREPER
• Working Groups

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Council of the European UnionCOREPER and Working
Groups

• Representatives of the Member States to prepare
  the work of Ministers
• in Permanent Representations of the MS in
  Brussels
• In MS Foreign Affairs Ministries
• in MS Embassies in third countries
• Divided into Working Groups
• e.g.
• COHOM for HR
• Maghreb-Mashrek Group
• Gulf and Middle East Group
• COMAG

45
Council of the European Union General
Secretariat of the Council

• Secretary General/High representative for the
  CFSP Mr. Solana
• With a Personal Representative for HR Mr.
  Matthiesen
• Council Secretariat Staff
• e.g.
• Middle East, Mediterranean Unit
• Human rights Unit

46
European Commission Composition

• President Mr. Barroso
• 25 Commissioners
• Mrs. Ferrero-Waldner, External relations and ENP
• 24 Directorates General
• e.g. DG External Relations (Relex)
• DG for Humanitarian Aid (ECHO)
• EuropAid
• EC Delegations in third countries

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European Commission Competences

• Proposes EU legislation and policies
• Executive body
• Proposes EU Budget
• Negotiates agreements with third countries (AA)
• Negotiates and monitors implementation of APs
• Prepares and follow up meetings of EMP
• Develops country strategies, NIPs and RIPs
• Manages EU assistance to third countries

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European Commission DG Relex

• Political Direction on EU Foreign Affairs
• Programming of Aid in
• Country Strategy Papers and National Indicative
  Programmes (NIP)
• Regional Strategy Papers and Regional Indicative
  Programmes (RIP)
• Programming of EIDHR
• Strategy Paper 2007-2010
• Annual programming
• Initiates Commissions Communications and
  policies on foreign affairs and HR

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European Commission Directorate General Relex
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European Commission EuropeAid

• Manages EU Assistance to third countries
• Manages MEDA, EIDHR and future ENPI Programmes
• Annual financing plan based on NIPs/RIPs and
  EIDHR programming
• Identification till evaluation of the projects
•  

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European Commission EuropeAid
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European Commission Delegations

• Increased role of the Delegations since the
  de-concentration reform in 2000
• Responsibilities of the Delegations
• Represent EU Commission in third countries
• Increased role on the ground in countries and in
  EU Commission policy making
• Manage budget lines for MEDA HR and civil society
  projects and EIDHR micro-projects
• Report on political developments and HR

53
European ParliamentComposition

• 732 Members (MEPs) gathered in 7 political groups
• Parliamentary Committees
• e.g. Committee on Foreign Affairs
• Sub Committee on HR
• Inter-parliamentary delegations
• e.g. Maghreb, Mahsrek, Israel,
• Palestinian Legislative Council, Turkey
• EP delegation to EMPA

54
European Parliament Competences

• Co-legislative body on Community issues
• Only advisory role in Foreign affairs issues
• Except
• Co-budgetary authority
• Assent for agreements with third countries
• Instruments
• Reports, resolutions, hearings, oral and written
  questions, missions (elections)

55
EU Funding for Human Rights and Democracy
Projects

• Till End 2006 
• MEDA
• EIDHR
• Start 2007
• European Neighbourhood and Partnership Instrument
  (ENPI)
• European Instrument for HR and Democracy
• Democracy facility (?)

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MEDA

• EMP Financial Instrument
• MEDA Regulation adopted by the EU in 1996
• Unilateral Community instrument (not binding the
  Mediterranean countries)
• HR are an essential element under MEDA regulation
  (Art. 3)
• Operate in the three chapters of EMP for Regional
  and Bilateral cooperation
• Apply to states, local and regional authorities
  and civil society with government consent
• Budget Meda II 2000-2006 5.35 Billions Euros
• Ends in 2006
•  
•  
•  

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EMP MEDA Programming

• Managed by the EU Commission/MED Committee
• on basis of
• Strategy Papers, 2000/2006
• Multi Annual Programming
• Regional Strategy Paper
• Country Strategy Papers
• Indicative Programmes, 2005-2006
• Define the main goals, guidelines and priority
  sectors
• Regional Indicative Programme (RIP)
• National Indicative programmes (NIPs)
• jointly agreed by the EU Commission and the
  country
• Annual Financing Plans
• Based on the NIPs and RIP

58
EMP MEDA Projects

• Regional cooperation (10 of Budget)
• Support Regional and cross-border cooperation
• Strengthening Civil Society, NGOs (Networking)
• e.g.Civil Forum, Euromesco, Femise, Euromed
  heritage,Enhancing opportunities for women in
  Economic life
• Bilateral Cooperation (90 of budget)
• Support economic transition and structural
  adjustement
• Strengthen socio-economic balance
• Promote programmes that could contribute to the
  development of democracy and HR

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ENP European Neighbourhood and Partnership
Instrument

• Instrument for the ENP implementation (will
  replace MEDA)
• Adopted on 9 October 2006
• Objectives
• Supporting the implementation of the ENP Action
  plans
• Cross-border cooperation and intra-regional
  cooperation
• Technical assistance for institutional capacity
  building
• With host government consent
• Budget 11,181 billion for 2007/2013

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European Initiative for Democracy and Human
Rights

• Specific instrument to support HR and democracy
  Worldwide
• Created by the EP in 1994, EU Regulation in 1999
• Beneficiaries NGOs and international
  organisations
• Without host government consent
• Budget 100/130 million Euros/ Year
•  
•  

61
EIDHR Programming

• Managed by EU Commission/HR and Democracy
  Committee
• Multi-annual indicative Programme
• Annual Work programme
• Priorities 2005-2006 through 4 Thematic
  Campaigns
• Promoting justice and the rule of law
• Fostering a culture of HR
• Promoting the democratic process
• Advancing equality, tolerance and peace

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EIDHR Projects

• Macro Projects
• 300 000 Euros
• Implemented by NGOs and local authorities
• Micro Projects
• - 100 000 Euros
• implemented by NGOs
• Targeted Projects
• Implemented by International or Regional
  International Organisations

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Project Cycle Management
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Future European Instrument forHR and Democracy

• New legal basis for HR Projects 2007-2013 (build
  on the EIDHR)
• Under negociation within the EU for a Regulation
  by the end of 2006
• Draft Programming Document 2007-10 and then
  2011-13
• Annual Work Programme to be adopted for each year

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Future European Instrumentfor HR and
DemocracyProgramming

• 2 Objectives
• To develop the political space within which civil
  society may develop,where basic freedoms are most
  at risk
• Focus on promotion of freedom of expression,
  association and protection of HRDs
• Cooperation with non registered NGOs
• Specific objective on combating torture
• To strenghten the role of civil society in
  promoting HR and democracy reform, in supporting
  conflict prevention and in developping political
  participation and representation in those
  countries where there is sufficient freedom and
  room for manuvre

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Thank You for Your Attention