Human Rights Mechanisms in EUSouth Mediterranean Relations especially with Israel

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Human Rights Mechanismsin EU-South
Mediterranean Relations especially with Israel
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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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• The Euro-Mediterranean Partnership

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EMP The Euro Mediterranean Partnership
/Barcelona Process

• 10 Mediterranean Countries and 27 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

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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

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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 Perspective
s Five years work programme

• 2006 EuroMed Conference on HR (not done)
• July 2006 Euro-African Conference on Migration
• Nov 2006 EuroMed Conference on Womens
  rights 1 Preparatory Conference
• Nov 2007 Euro-Med Conference on Migration
• 2007 Governance 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. Regional security and stability, peace and
  democracy
• Economic and sector cooperation
• e.g. agriculture, transport, environment,
  tourism, energy, customs, scientific and
  technological, migration
• Social and Cultural Cooperation

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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 Subcommittees
• e.g. EU-Israel
• Political dialogue and cooperation
• Economic and financial matters
• Social and immigration affairs
• Customs cooperation and taxation (April 2007)
• 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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EMP Bilateral Dimension Sub-Committees on
human rights

• Sub-Committees on human rights with
• Jordan (June 2005, March 2007), Morroco (November
  2006), Lebanon (Avril 2007)
• Tunisia ?
• Sub-Committees on Political Dialogue and
  cooperation
• EU-Israel Ad hoc Working Group on HR, 7 June
  2006, 20 Feb.2007, 2nd half 2007 ?
• with Egypt ?

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EMP Bilateral Dimension EU-Israel AA

• Signed on 20.11.95 In force since 1.06.00
• Objectives
• Political dialogue
• Economic co-operation
• Social and cultural matters
• EU-Israel Association Council,
• 5th AC,12 December 2004
• approved the ENP Action Plan
• 6th AC, 13 June 2006
• 7th AC, 5 March 2007

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EMP Bilateral DimensionEU-Israel Working
Group on HR

• Informal Meeting held on June 2006 and February
  2007
• with EU Commission, EU Presidency, EU Council
  secretariat and Israel MFA
• Issues discussed e.g.
• Arab minority (follow up of the Or Commission'
  support)
• Nationality and Entry Law
• Extra-judicial killings
• Administrative Detention
• Third WG Meeting in 2nd Half of 2007 ?

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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 programmes ?

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ENP Principles

• Voluntary Basis
• Differentiated and Progressive approach
• according to the degree of commitment to common
  values, as well as its will and capacity to
  implement agreed priorities
• Positive conditionality
• Monitoring process of implementation with a
  financial incentive European Neighbourhood and
  Partnership Instrument (ENPI) Governance
  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 Country Reports / Action Plans
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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,
  Dec. 2006
• EU Commission Communication on Strengthening the
  ENP
• Progress reports on the ENP implementation
  Overall assessment, sectoral progress and country
  report
• EU Commission Communication on the general
  approach to enable ENP Partner countries to
  participate in Community agencies and community
  programmes

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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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ENP EU Country Report on Israel

• Issued on 12/05/2004
• EUs view of the situation in Israel on
• Political Issues
• including Democracy, Rule of Law, HR, Regional
  and Global Stability (Quartet Roadmap), Justice
  and Home Affairs (Migrations, Trafficking of
  Human Beings)
• Economic and Social Situation

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ENP EU-Israel Action Plan

• Concluded in December 2004 for 3 years
• Priorities
• Political dialogue and co-operation
• eg HR, situation in the Middle East, combating
  terrorism
• Economic and social co-operation and development
• Trade-related issues, market and regulatory
  reform
• Co-operation in Justice and Home affairs
• Transport, energy, information society,
  environment and Science and technology
• People to people contacts
• Weak on HR issues
• Very general terms on HR, international
  humanitarian law, minority rights
• No reference to a specific Subcommittee on HR
• Very weak ENP progress report on Israel, Nov.2006

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Thank You for Your Attention