The External Human Rights Policy of the EU: Development, ChallengesAnd Prospects

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

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/

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 one’s own culture

third generation (collective)

e.g. natural resources, intergenerational equity, right to land, etc.

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

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)

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

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)

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…)

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

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

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).

Why HR/D in external policy?

A moral conviction Internal consensus Projection of EU values and principles

Interest in promoting stability, security and prosperity

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

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

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)

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).

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

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

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

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

ACP countries

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

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

International fora

UN General Assembly Third Committee & Human Rights Council (Coordination, initiatives)

OSCE Council of Europe

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

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.

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.”

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 people’s capabilities and widening of their choices)

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

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)

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

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?

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

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

EU annual human rights report

Annual Report on Human Rights http://ec.europa.eu/external_relations/human_rights/intro/index.ht

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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/projects/eidhr/index_en.htm

European Commission Delegationshttp://ec.europa.eu/comm/external_relations/delegations/intro/web.htm

Council of the European Unionhttp://www.consilium.europa.eu/showPage.asp?id=248&lang=en&mode=g

European Parliamenthttp://www.europarl.europa.eu/comparl/afet/droi/default.htm