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Dt.=20Ausg.=20u.d.T.:=20Menschenrechtspolitik=20in?= =?utf-8?Q?=20der=20Europ=C3=A4ischen=20Union.=20-=20Electronic=20ed.:=20B?= =?utf-8?Q?onn=20:=20FES=20Library,=202003=20

?= =?utf-8?Q?=C2=A9=20Friedrich-Ebert-Stiftung?= Date: Wed, 7 May 2025 17:15:38 +0200 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----MultipartBoundary--nTuPPchwwrFDeXcuAytI4RulwXUGei2HSqT8523rye----" ------MultipartBoundary--nTuPPchwwrFDeXcuAytI4RulwXUGei2HSqT8523rye---- Content-Type: text/html Content-ID: Content-Transfer-Encoding: quoted-printable Content-Location: https://library.fes.de/fulltext/id/01713.htm The European Union human rights policy / Wolfgang S. Heinz - [Electronic ed.] - [Bonn], 2003 - 12 S. =3D 80 KB, T= ext . - (()Europ=E4ische Politik / Eurokolleg ; 47 E) - ISBN 3-89892-236-7 <br>Dt. Ausg. u.d.T.: Menschenrechtspolitik in der Europ=E4ischen Uni= on. - Electronic ed.: Bonn : FES Library, 2003 <br><br><font size=3D-1><i>=A9 Friedrich-Ebert-Stif= tung</i></font> =
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The European Union human rights policy / Wolfgang S. Heinz - [Electronic ed.] - [Bonn], 2003 - 12 S. =3D 80 KB, T= ext . - (()Europ=E4ische Politik / Eurokolleg ; 47 E) - ISBN 3-89892-236-7
Dt. Ausg. u.d.T.: Menschenrechtspolitik in der Europ=E4ischen Union. - = Electronic ed.: Bonn : FES Library, 2003

=A9 Friedrich-Ebert-Stiftung

=3D"INHALT"


Institutional Responsibilities<= /p>

Human Rights in the EU Area of Freed= om, Security and Justice

Human Rights in the European Forei= gn and Development Policy

Internet links

Abbreviations

[Zusammenfassung]
Wolfgang S. Heinz: The European Union Human Rights Policy

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Institutional Respons= ibilities

On the EU-level, there are many different players a= nd institutions with influence in the area of human rights. For a long time= , however, the EU has not succeeded in creating institutions with a clear h= uman rights' mandate.

The EU is founded upon the=20
mandatory principles for all
Member States of freedom,=20
democracy, respect for human=20
rights and fundamental freedom,
as well as the rule of law
(EU Treaty, Article 6, Para 2).

The European Parliament, especially the Comm= ittee on Citizens' Freedoms and Rights, Justice and Home Affairs and the Pe= tition Committee, the European Court of Justice (ECJ) and the Eur= opean Ombudsman are responsible for the respect for human rights at EU = level. They have a special responsibility for the control of the executive.=

The EU Commission and European Council lay down the political guidelines on human rights and control their imple= mentation. In the Council, the working party "Human Rights" (COHOM) coordin= ates the formation of public opinion. It publishes the EU human rights' rep= ort (cf. Internet Links).

Within the realm of domestic and legal policy (the traditional pillars of State sovereignty) the EU possesses no specif= ic jurisdiction. Nevertheless, during the European Council in Vienna 1998, = the EU Commission action plan for developing an area of freedom, security a= nd justice was adopted. It is intended to bring about improved protection f= rom threats by third parties and stronger cooperation between criminal and = civil law. The Council for Justice and Home Affairs is the responsib= le body.

Within the EU development cooperation since = 1999, the new Directorate General for External Relations (EU Commiss= ioner Christopher Patten) has been responsible. The section on human rights= and democratisation in this directorate is responsible for human rights qu= estions worldwide and for coordination within the Commission. The Direct= orate General for Development is responsible for the foreign policy and= cooperation with the ACP States, and has a special department for human ri= ghts.

Huma= n Rights in the EU Area of Freedom, Security and Justice

Within the European Union, cooperation in the do= mestic and legal policy is at the forefront of the political agenda on = human rights (third pillar of the EU policy). This includes the struggle ag= ainst the drugs traffic, organized crime and terrorism. Institutionally, th= e respect for human rights within the EU is above all a task for the indivi= dual EU Member States.

Human Rights in the EC/= EU Treaties

In the treaties establ= ishing the EC there are no special clauses on the protection of human and c= itizens' rights.

There were no special clauses concerning the protec= tion of human and citizens' rights in the treaties establishing the = European community. The EEC, as forerunner of the EU, was originally concer= ned exclusively with the free movement of goods, people, services and capit= al, and for a long time human rights - with the exception of communal votin= g rights, voting rights for the European Parliament, prohibition of discrim= ination and the right to equal compensation for similar or equivalent work = - scarcely had a part to play.

In the treaties establishing
the EC there are no special
clauses on the protextion
of human and citizens'rights.

The EU Treaty integrates human rights into the lega= l system of the Community.

According to the European Union Maastricht Treat= y, which came into force on 1 November 1993, the aim of the Common Fore= ign and Security Policy of the Union was "to develop and consolidate democr= acy and the rule of law, and respect for human rights and fundamental freed= oms" (Title V, Article 11 EUT).

The EU Treaty integrates
human rights into the legal
system of the Community.

With this treaty, human rights were integrated into= the legal system of the community. In Art. 6 (1) it is stated that the EU = is founded upon the principles of liberty, democracy, respect for human rig= hts and fun-

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Box 1:= Development of EU Human Rights' Policy

  • 1977: Joint declaration of the European Counci= l, Parliament and the Commission, in which the Community declared its prote= ction of human rights
  • 1978: Declaration on democracy
  • 1986: Joint declaration against racism and xenop= hobia
  • 1986: Joint declaration on human rights by the f= oreign ministers of the twelve
  • 1989: Declaration by the European Parliament on = founding rights and fundamental freedoms of the European Parliament<= /li>
  • 1993: Treaty of the European Union comes into fo= rce, Article F (EUT Maastricht)
  • 2000: Passing of the EU Charter on Fundamental R= ights

Source: Barbara Lippert 1995, Menschenr= echtspolitik, in: Weidenfeld, Werner/Wessels, Wolfgang (pub.), Europa A-Z, = Bonn, P. 263 (supplemented by author).

damental freedoms, and the rule of law, principles = that are common to all the Member States. According to Art. 6 (2) the EU= shall respect fundamental rights, as guaranteed by the European Conven= tion on Human Rights (ECHR) and as they result from the constitutional trad= itions common to the Member States as general principles of Community Law. = There was a lively debate in the 90s concerning how to better embody human= rights within the EU legal provisions. It was suggested on the one hand th= at the EU should join the ECHR as an organization (the first proposal was m= ade by the EU Commission to the EEC in 1979). This would have been a diffic= ult step, however, because only States can become members of the Convention= . On the other hand, it was requested - especially by Germany - that the EU= should develop its own Charter of Fundamental Rights. This proposal was pr= esented in 1999 by Foreign Minister Fischer at the Cologne EU summit, which= commissioned a convention to work out a draft.

European Convention on = Fundamental Rights

As a result, a European Convention on Fundamental H= uman Rights was set up under Roman Herzog, who was the former Federal Presi= dent of Germany. This was signed in December 2000 by the Council of Europe = in Nice (cf. The European Charter on Fundamental Rights: On the Way to a Eu= ropean Constitution? Eurokolleg series Nr. 45).

The= Fundamental Rights Charter
includes all the citizens' rights.
It is contentious, however,
whether they will be legally
binding within the framework
of the European Constitution.

The Fundamental Rights= Charter includes all the citizens' rights. It is contentious, however, whe= ther they will be legally binding within the framework of the European Cons= titution.

For the first time in the history of the Union, the= Charter on Fundamental Rights combined in a single text the entire civil, = political, economic and social rights of European citizens. These rights we= re based in particular on those recognized in the European Convention on Hu= man Rights (ECHR); but the Charter also adopted new topics, such as data pr= otection and the bioethical convention of the Council of Europe. The Charte= r will be part II of the European Constitution. The possibility of individu= al complaints, however, is very much restricted. EU citizens and government= s are already referring increasingly to the Charter, as well as the first i= nstance of the ECJ.

Political Sanctions

The European Treaty provides for a procedure in the= case of a violation by a Member State of the fundamental principles of the= Union.

If = a Member State violates
fundamental rights, its voting
right in the European Council
may be withdrawn.

According to Article 7 EUT, certain rights of a Me= mber State derived from the Treaty may be withdrawn if this State "seriousl= y and persistently" violates these fundamental principles.

The following procedural steps are provided:=

  1. The Council of Europe shall declare unanimou= sly, upon the proposal of the Commission or one third of the Member States,= following the approval of the European Parliament and having obtained the = view of the State in question (but without the participation of the concern= ed State), that a serious and persistent violation of the principles procla= imed in Article 6 Para 1 EU Treaty has taken place.
  2. Subsequently, the Council may withdraw certain m= ember rights, such as the voting rights in the Council. This procedure is p= urely political, without involving the advice of an independent body of exp= erts or a legal re-examination by the ECJ.

The Member State may not, however, contrary = to the Council of Europe, be excluded. Up to the present, the sancti= oning process has not been very convincing. So-called preventive sanctions = were imposed

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in one case against the Austrian =D6VP-FP=D6 (Peop= le's Party-Freedom Party) government. In this case, it concerned 14 bilater= al sanctions, which were announced, however, by the former Portuguese presi= dency and thereby appeared as a "Union" measure. In the case of Italy, no s= anctions have up to the present been imposed against the alarming developme= nts under Prime Minister Berlusconi (persistent attempts to influence justi= ce and the media). The EU procedure for protecting fundamental values in= ternally seems therefore to be relatively unconvincing.

European Courts<= /b>

There are two courts of justice at European = level. The European Court of Human Rights (ECHR) in Strasbourg is an= organ of the Council of Europe that handles individual complaints relating= to the European Human Rights' Convention. Despite a comprehensive reform i= n 1998, it is still completely overwhelmed by an impossibly large number of= cases, especially now from Eastern Europe and Russia. Further reforms are = therefore now being discussed e.g. the setting-up of a preliminary examinat= ion chamber.

The EU Court of Justice in Luxembourg (ECJ) = decides in disputes between the Member States and the Commission. Individua= l citizens can only appeal against decisions addressed to themselves person= ally, and in other cases only if they are directly and individually affecte= d by the legally relevant acts (Art. 230 EC Treaty).

Through the adjudication of the EU Court of Justice= (ECJ), however, a protection of citizens' rights has increasingly develope= d within the former European Community (EC). In this, the ECJ is especially= based on Art. 220 (previously Art. 164) of the Foundation Treaty of the Eu= ropean Community. This provides that the court shall ensure the protecti= on of the law in the interpretation and application of the Treaty. Deci= sive also for the ECJ was the fact that the Treaty rests on the European Co= mmunity model, which includes the guarantee by all Member States of recogni= zed fundamental laws. In its adjudication, the ECJ is oriented towards the = European Human Rights Convention and the national legislation on fundamenta= l laws. In this way, it becomes possible to avoid a constitutional shortcom= ing.

With the coming into force of the EUT, the ECJ acco= rding to Art. 6 (2), also has the authority to verify the compatibility of = EU activities with those of human rights.

Domestic and Legal pol= icy

The domestic and legal policy - together with the r= esponsibility for the respect for human rights - remains above all the r= esponsibility of the individual EU Member States. EU-wide projects <= /b>were also agreed upon for some few topics (e.g. in harmonizing th= e asylum policy, see below). A closer cooperation is sought between the jud= iciary and the police.

Following the terrorist attack in New York of Se= ptember 2001, cooperation, especially between the Executive and the Jud= iciary, was strengthened. The new joint European Arrest Warrant for = 32 especially serious criminal acts and a simplified extradition process ar= e two important outcomes of this cooperation, which would not have come abo= ut in such a short time without the terrorist attack. Other examples are sc= reen searching, the introduction of biometric data in EU visas and the exte= nsion of frontier information systems. The Schengen Information System (SID= ) aims at a comprehensive data collection of all non-EEC nationals who are = deported or turned away at the borders. The EU is now considering the inclu= sion of data for all travelers from non-EU States into this information sys= tem.

Combating Discriminati= on and the Protection of Minorities

The EUT engages the EU in an effective confrontatio= n of discrimination, including not only discrimination on account of nation= ality, but also on account of sex, race, ethnical origin, religion or relig= ious beliefs, age, handicap or sexual orientation. The legally non-binding = EU Charter of Fundamental Rights also forbids discrimination on grounds of = genetic characteristics, colour of skin, language, political or other convi= ctions, and membership of a national minority, property or birth.

The protection of minorities is among the tasks of = the EU human rights policy, and is controlled by the Commission for Externa= l Relations. It is based on Art. 6 EUT, in which the European Human Rights = Convention is referred to. The EU Charter of Fundamental Rights stresses eq= uality before the law (Art. 20) and the prohibition of discrimination (Art.= 21).

The European Council has adopted two directives = on the guarantee of equal treatment without reference to racial or ethn= ic origin, which still have to be adopted in Germany: the Council directive= s 2000/43/EC and 2000/78/EC. This also includes a recommendation for the ad= option of a law against dis-

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crimination, to be submitted to the German Federal = Parliament (Bundestag).

In 1997, the first monitoring unit for the implemen= tation of human rights within the EU was created: the European Monitorin= g Centre on Racism and Xenophobia (EUMC) in Vienna. It started its work= in 1998. Its aim is an Europe without racism, xenophobia and anti-Semitism= , and is committed to the values of tolerance, equality and solidarity, as = well as respect for human rights and democracy. Its main task is the compar= ative collection of data and analyses relating to racism and xenophobia, as= well as the diffusion of knowledge concerning good practices. The EUMC has= published reports on Anti-Discrimination Legislation in the Member States = on the situation of Islamic communities in five European cities, on racism = in the media and hostility towards Islam after 11 September 2001. The Eu= ropean Racism and Xenophobia Information Network (RAXEN) was also set u= p with contact points in 15 countries.

In the European Parliament, moreover, the establish= ment of a Human Rights' Monitoring Agency in the European countries = was proposed, but is still encountering opposition in the EU.

EU Enlargement<= /b>

Respect for human rights is playing an important pa= rt in the enlargement of the EU. According to Art. 49 of the EUT, new membe= rs can only be accepted if they agree to the acquis communitaire (th= e collection of EU rules). This includes the above-mentioned articles on re= spect for human rights. The European Council in Copenhagen stipulated in= 1993, that the candidate State must have stable institutions, and guar= antee democracy, the rule of law, human rights and respect for the protecti= on of minorities. For the first time, in addition to economic standards = political criteria are also included: the guarantee of democracy, a St= ate under the rule of law, human rights and the protection of minori= ties (Copenhagen Criteria).

The= "Copenhagen Criteria"
stipulates the political pre-
conditions for membership.

In the course of the accession process, candidates = are controlled annually by the Commission with regard to the application of= minority rights. There is also investigation as to whether the applicant c= ountries have established stable institutions, and are promoting democracy,= a State under the rule of law, human rights, and respect for minorities an= d minority rights. These reports are addressed annually to the European Par= liament and the European Council by the European Commission.

Following the conclusion of the 1963 association ag= reement between the EC and Turkey, the option for EEC membership exi= sts, but Turkey only became an official candidate for membership of the EU = through the European Council at Helsinki in 1999. Finally, at the EU summit= in Copenhagen in December 2002 a renewed examination of Turkey's readiness= for accession negotiations was promised for December 2004. By then, howeve= r, all the Copenhagen criteria must have been fulfilled. The last of the EU= Commission's progress reports testified to considerable progress in Turkey= , such as the abolition of the death penalty, mitigation of the State prote= ction laws, limited authorizations of Kurdish language programmes, and huma= n rights' training for the police.

Not= until 2004 will it be
decided whether the EU
will begin accession
negotiations with Turkey.

Not until 2004 will it be decided whether the EU wi= ll begin accession negotiations with Turkey.

Nevertheless, according to the report, Turkey had n= ot completely fulfilled the political criteria. There are still numerous li= mitations in fundamental rights and freedoms. Thus, still important restric= tions on freedom of speech (especially with the press and radio), freedom o= f assembly for peaceful purposes, freedom of association, religious freedom= and right of appeal before the law remain. The lack of civilian control ov= er the army remains disturbing - a situation that is evident in the dominan= t role the army plays in political life through the National Security Counc= il. The continued existence of torture and maltreatment, the lack of civil = control over the military, the position of people under arrest on account o= f non-violent expressions of opinion, and the disregard of the decisions by= the European Court of Human Rights is still considered as a problem.

Asylum and Migration<= /font>

The EU Commission drew up a communication to the Eu= ropean Council and the European Parliament providing a precise legislative = programme for the creation of a common area of freedom, safety and justice.= A chapter is devoted to the topic of asylum and migration.

In accordance with the criteria from Art. 63 EUT an= d the Tampere EU summit in Tampere/Finland of October 1999, the Commission = treated the subject, among others, from the standpoint of (1) partnership w= ith countries of origin, and (2) common EU asylum policy.

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In order to improve the partnership with the cou= ntries of origin of the asylum seekers, action plans were prepared by a= high-ranking working party comprising the following countries: Morocco, Af= ghanistan, Pakistan, Sri Lanka, Somalia, Albania and the Western Balkans. B= y this, the intention is to stress that special circumstances of a politica= l, geographical and socio-economic nature within the countries of origin al= so have effects on the desire for asylum and migratory movements in Europe.= A budget line of =8010 mill. is available to the Commission for this purpo= se.

Mea= sures for the control
of illegal immigrants or
for internal security also
concern persons who are
in need of protection.

In respect of the common asylum policy, the = Commission has already initiated harmonisation plans. The Berlin office of = the UN High Commission for Refugees has welcomed some of these proposals, b= ut at the same time warned that measures for the control of illegal immigra= tion or for internal security also concern illegal immigrants and persons r= equiring protection, because the appropriate instruments make no adequate d= istinction between these different groups of people.

The UN High Commission for Refugees demanded the adoption of minimum European standards, whose aim would be the = unlimited and comprehensive application of the Geneva Refugee Convention, a= s well as human rights obligations. Germany is reproached for having impede= d a compromise acceptable to the other Member States, and implemented a mor= e restrictive proposal on several occasions. (cf. Comment by the Berlin UNH= CHR representation before the Committee for Human Rights and Humanitarian A= id of the German Federal Parliament, 04-09-2003).

Fourteen of the fifteen Member States largely agree= upon the harmonisation of the asylum law, whereas the Federal gover= nment -with an eye on the political power relationships within the "Bundesr= at" (Federal State Chamber) - supports an especially restrictive position. = This applies rather to the question of subsequent immigration of family mem= bers (and age limits for family members), work permits for refugees, and wh= ether "non-State persecution" justifies its own "subsidiary" protection in = the refuge country (Germany is only prepared for "toleration" in this case)= .

The EU Commission made a proposal to the Member Sta= tes for reforming the asylum law in June 2003 at the EU summit in Thessa= loniki (Greece) which is further worked on. The aim is a common policy = in regards to illegal immigration, the borders, the return of illegal immig= rants and to develop the cooperation with third countries.

The European Refugee Fund offers financial s= upport for the acceptance, integration and voluntary return of refugees. Fo= r this purpose, =80 216 mill. are available between 2000 and 2004. In Germa= ny, the European Refugee Fund is administered by the Federal Office for the= Recognition of Foreign Refugees.

Human Trafficking

In December 2000, the Commission adopted a proposal= for a framework decision on combating the trafficking in human beings. The= aim of the proposal was to find common definitions and punishments, in ord= er to improve cooperation in prosecution and justice. In mid-2001, a second= phase for the STOP Programme was introduced by the European Council= . This concerned a promotional and exchange programme against trafficking i= n human beings and the sexual exploitation of children. It specifically aim= s at public prosecutors, police, judges, immigration authorities and other = public departments. It is looked into how administrations, police and justi= ce handle complaints by women, and how far they deal with their special dif= ficulties. In this way, a more sensitive approach is sought for victims of = the trade with women, and finally, an effective way of combating it.=

Human Rights and Econ= omy

The topic of human rights and economy in the EU is = of special importance for external relations. But the EU also commits itsel= f within the OECD to the inclusion of the economy in the topic of human rig= hts. The EU has thus played an important role in improving the OECD guid= elines for multinational enterprises. In consequence, investors worldwi= de will be held responsible, and it is thus accepted that investors not onl= y have rights but also duties in respect of global engagements. The guideli= nes are based on the self-regulation and should respect human rights.
Another important topic consists of economic, social and cultural human rig= hts, such as the formation of trade unions, and rights to health, education= and food (1966 UN Covenant on Economic, Social and Cultural Rights, 1961 E= uropean Social Charter, and the so-called Revised European Social Charter o= f 1966, hitherto unsigned by Germany).

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= Human Rights in the European Foreign and Development Policy

Common Foreign and Se= curity Policy (CFSP)

In regard to the issue of Iraq, problems of a Commo= n Foreign and Security Policy (CFSP) have become very evident. Both the EU = Member States and candidate members were unable to adopt a common position = on the question of participation in the Iraq war, which, beside the = question concerning the possession of weapons of mass destruction, also exp= osed questions of human rights and the humanitarian aspects (France/Germany= /Belgium among others against the war; Great Britain/Spain/Poland among oth= ers in support of the war)

The CFSP is decided at the level of governmental co= operation. As a committed fundamental and human rights value-based commu= nity it is devoted to an active human rights' policy. At the same time,= human rights are only one of several aims, which include security and econ= omic policy, for example.

Essential instruments of the EU human rights= policy are (cf. Tannous, Isabelle 2002, Menschenrechtspolitik, in: Weidenf= eld, Werner/Wessels, Wolfgang (ed.): Europa von A-Z, Bonn: S. 293): =

  • confidential and public assessment of the hu= man rights situation
  • political dialogue
  • human rights and democracy clauses in agreements= with third parties
  • Delay, suspension and abandonment of contractual= commitments and agreements
  • Coordinated procedure of the EU States in intern= ational organisations
  • Imposition of economic sanctions (Art. 301 EUT)<= /font>

The aim of the European human rights' policy= in difficult situations within a partner country is also to seek a dialogu= e with the government, opposition, elites, and civil society for constructi= ve solutions. Political dialogue that the EU maintains with many cou= ntries can assist this approach.

The EU conducts a special human rights' dialogue= with partner countries, such as the USA and Canada, at half-yearly int= ervals (principally in the shape of the "Troika" of present, past and futur= e EU presidencies). These are supplemented by gatherings of experts before = the meeting of the UN Human Rights Commission and the annual meeting of the= UN General Assembly.

In addition to the large group of ACP States in Afr= ica and the Caribbean with more than 70 countries, the EU conducts discussi= ons with the Mediterranean, Asian and Latin American countries (the so-call= ed Barcelona, ASEAN/ASEM and San Jos=E9 processes). Further dialogues take = place with the EU candidates and the Balkan States.

At present, the EU is only carrying on human rights= ' discussions, in the strictest sense, with two countries: China and= Iran, where the dialogue was for a long time interrupted but recomm= enced in December 2002. During these exchanges, human rights' topics are di= scussed at governmental level and with NGOs, as well as with representative= s of civil society.

The political dialogue with "difficult countries" c= oncerning measures such as the suspension or termination of development = cooperation is oriented in practice on relevant foreign policy criteria= , such as the size of a country, its security policy, economic importance a= nd similar factors.

Clear, value-oriented reactions to authoritarian= regimes sometimes represent a special challenge in foreign policy prac= tice, at least if the aim of an equally coherent and effective policy is ac= cepted.

Even before 1995 the European Community had include= d in more than 30 agreements respect for human rights in the EC Member Stat= es, ACP cooperation States and other countries - nevertheless with various = formulations.

In the treaties with the Andean Pact and Brazil, fo= r example, human rights were referred to as an essential element of coop= eration, whereas cooperation with Argentina, Chile, Macao, Mongolia, Pa= raguay and Uruguay was agreed upon on the basis of respect for democracy an= d human rights that should inspire the domestic and international policy of= the contracting partner. In the treaties with 13 Arabian States, however, = there was only a reference to respect for the United Nations Charter.

Hum= an Rights Clauses have only
been included in all agreements
with third States since 1995.

In 1995, the European Council decided to inc= lude a human rights' clause in all agreements with third States. In = doing so, it was distinguished among countries, e.g. whether a suspension n= otice is included or not. In the standard clause, this means that human rig= hts and democracy are "essential elements" of this agreement; they have mea= nwhile been adopted in treaties with more than 120 countries.

Reactions of partner countries to the= EU's desire for a specific human rights' clause in the agreement differed = widely. Whereas the African and Latin American States agreed to it, the ASE= AN States, China and the Arabian countries refused it. In the rest of Asia,=

[page-number of print-ed.: 7]

only a minority of States were in agreement with i= t. By the end of 1995, however, 70 ACP States, 15 Latin American, 20 OSZE, = two Mediterranean, six Asian States and South Africa have each adopted huma= n rights and democracy clauses.

The EU has developed its own guidelines for tort= ure and the death penalty, which provide for an active procedure in the= se two areas of human rights' violations (cf. the EU Annual Report on Human= Rights 2002, appendices 13 and 14). The instruments employed are political= dialogue, petitions to the government concerned (d=E9marche), and bi- and = multilateral cooperation. A trade regulation, moreover, is now being develo= ped for equipment that could be employed for torture or for other humiliati= ng treatment or punishment - including the implementation of the death pena= lty.

The EU is also trying to insist on respect for huma= n rights on the subject of arms export. According to the Stockholm P= eace Research Institute (SIPIRI) statistics, the EU Member States France, G= reat Britain and Germany, are on 3rd, 4th and 5t= h place after the USA and Russia in the export of arms. In 1998, a vo= luntary European Union Code of Conduct on Arms Export was adopted. T= he EU Member States have committed themselves not to grant an export licens= e if there is a risk that the weapons could be used for internal repression= within the countries concerned. This applies particularly if the UN, the C= ouncil of Europe and the European Union have established serious human righ= ts' violations.

Concerning the export of arms a cooperation with= the USA exists. This resulted in the EU-US "Declaration on the Respons= ibility of States and Transparency regarding Arms Exports" of 2000. Both si= des have committed themselves to strengthened public accountability of weap= ons exports, professed their support for the promotion of democracy and res= pect for human rights, and promised to export no weapons to countries in wh= ich these could be used for internal repression and violation of internatio= nally recognized human rights. In addition, the intensification of inner-St= ate and inter-State conflicts, excessive arms race, and regional instabilit= y are decisive factors to be considered.

At the United Nations, the annual spring confere= nce of the Human Rights' Commission (HRC) is of particular importance. = For months, the EU tries to harmonize its positions, which not infrequently= means that the "common denominator" finds expression in a rather restraine= d position. Nevertheless, the EU point of view is often the most comprehens= ive one, because it offers detailed criticism of the human rights' situatio= ns in some 30 countries. It also proposes most of the resolutions to countr= ies - one of the Commission's most powerful instruments, which has no sanct= ion mechanism at its disposal. Government representatives from a fair numbe= r of countries from the South regard this rather critically, or even reject= this criticism "of the South". With reference to its present dominance in = world politics and its past as a colonial power, the "North" is reproached = for playing the part of an arrogant schoolmaster. The effect of this in the= debate is to distract from the essential criticism, which is mostly reject= ed by the governments concerned as being false or exaggerated. The inten= se politicalization of the HRC for all sorts of reasons, however, canno= t be ignored. The discussions and decisions are increasingly on the lines o= f the North-South conflict and influenced by regional group identities rath= er than on an objective analysis of human rights' situations. They can only= be mitigated in the medium to long term by patient cooperation extending o= ver the regions of the world.

Development Policy

With a proportion of over 55%, the EU and its Membe= r States are the largest contributory institution to public development coo= peration, with the lion's share, moreover (just under 90%), coming from the= individual EU Member States. A small budget is set aside for the promotion= of human rights (and democracy), which in 1995-99, for example, amounted t= o less than one per cent of the EU development budget. In absolute terms, h= owever, the amount rose from =80 200,000 (1987) to about =80 100 mill. by t= he end of 1999 and in the following years.

The= financial support for
the promotion of human
rights has clearly increased
over the last 15 years.

It should be remarked, nevertheless, that the field= of human rights has traditionally been distinguished, not so much by high = investment, as by an especially careful (i.e. work-intensive) choice of par= tners, strategies and intervention levels.

In recent years, the EU has reacted to the frequent= ly expressed criticism of its non-uniform European development policy, and = its development of political activities increasingly directed towards comba= ting poverty. In the new EU development strategy of April 2000 it st= ates:

Goo= d governance, human rights and
rule of law are cross-sectoral issues for
the entire EU development cooperation.

[page-number of print-ed.: 8]

    "The Community considers development polic= y as a multidimensional process that covers broad-based equitable growth, s= ocial services, environment, gender issues, capacity and institutional buil= ding, private sector development, human rights and good governance. The con= cept of `sustainable development' encompasses these new priorities."

One of the six priority fields of action in Eu= ropean development cooperation is the development of institutional capaciti= es for administrative management and the rule of law. Among these are the <= b>new human rights' administrative decrees of 1999, which for the first= time in this area provide a legal basis for EU activities. The values of t= he common foreign and security policy of the EU are intended to reflect the= se priority fields of action. For this, the EU Commission is proposing to d= evelop its own capacity and also to strengthen its cooperation with other d= onors. At the same time, good governance, human rights and rule of law are = cross-sectoral issues for the whole EU development cooperation.

The Long Journey Towa= rds the Inclusion of Human Rights

1958 marked the beginning of the EEC development po= licy, but only in 1991 the European Community (EC) announced that in the fu= ture it would set up new political criteria for development cooperation. In= a first attempt, the European Council defined the EC human rights and deve= lopment policy in its November 1991 declaration: "Human Rights, Democracy a= nd Development Cooperation.(")

At = first, South Africa and
Chile were in the forefront
of human rights promotion.

Historically, the support of certain countries has = come about in an uncoordinated way and by means of outstanding examples e.g= . measures in the South African apartheid State and in Chile after the 1973= coup. Only in the early 90s did the development of coherent budget = lines according to countries and issues come about. In 1994, the European P= arliament incorporated the most important budget lines for promoting human = rights into a separate chapter (B7-70) entitled "European Initiatives for D= emocracy and Human Rights", which concentrated on some 30 priority countrie= s.

A clear legal basis was first created in 1993 wi= th the implementation of the Maastricht Treaty. In 1998, however, the E= uropean Court of Justice considered that the legal bases for implementing t= he budget lines in the area of human rights and democracy were insufficient= , and its implementation was consequently abandoned in June and July. Two d= ecrees on the development and strengthening of democracy and the constituti= onal state, as well as respect for human rights and fundamental freedoms, b= ased on Art. 235 and 130w EC Treaty, came into force in May 1999 and now fo= rm the legal basis for all EU budget-financed activities for promoting huma= n rights and democracy arising out of chapter B7-70.

Following the experiences with democratisation and = human rights' projects in Latin America, the Commission approved in July 19= 98 the integrated approach of a multi-year programming, in order to = procure the greatest possible effect and publicity for the community measur= es in the region. This approach, originally followed in Latin America (budg= et line B7-703), now also applies to South and South-East Asia (budget line= B7-707) and the Mediterranean (budget line B7-705). With the multi-year pr= ogramming, the EU Commission is trying to react to the new human rights' de= crees, which provide for closer coordination among representatives of the M= ember States and dialogue with the civil society organisations of the regio= ns concerned. It is also intended to ensure the harmonization and complemen= tarity of the projects in the area of human rights with the development aid= strategies of the Community.

Treaties with the ACP= States: from Lom=E9 to Cotonou

Since 1975, the EC and ACP States have agreed to th= eir cooperation under the Lom=E9 Treaties in the areas of trade, agricultur= e and industry, as well as to the extent of the EU development work. The tr= eaties were developed over several years (Lom=E9 I-IV; Cotonou).

The= recognition of human rights in
the Lom=E9 agreements took place slowly.

In the Lom=E9 III treaty of 1984 for the first = time reference was made to human rights, without, however, coming to a = conditional agreement on this subject. In the Lom=E9 IV treaty of 1990 the signatory States had already adopted joint commitments. Art. = 5 states as follows: "Cooperation shall be directed towards development cen= tred on man, the main protagonist and beneficiary, which thus entails respe= ct and promotion for all human rights." Respect for human rights is seen= as a basic factor in development.

[page-number of print-ed.: 9]

The EC members and ACP States committed themselves = to take action in cases of discrimination against foreign workers, students= and other foreigners legally residing in their countries. The article also= stipulates that ACP States can receive support for structures that promote= human rights. In the revision of the Lom=E9 IV Agreement 1995, huma= n rights, democratic principles and the rule of law were recognized as esse= ntial elements of the agreement, and a connection between good governance a= nd more effective development was established in Article 5. In addition, a = suspension mechanism that enables cooperation under certain conditions and = in a prescribed procedure to be suspended was agreed upon.

Finally, in the 2000 Cotonou Agreement the c= ontribution to freedom and security and to the promotion of a stable and de= mocratic political environment are indicated as objectives of the partnersh= ip (Art. 1). Stressed in Art. 9 as essential elements are respect= for human rights and fundamental freedoms (together with the establish= ment of a reference to the European Human Rights' Convention), democratic p= rinciples and the rule of law (Art. 9, Para 2 of the Cotonou Agreement). Th= ese are equally applicable to both the domestic and foreign policy of the c= ontracting parties. The EC undertakes support for the political, institutio= nal and legal reforms, as well as for the capacity-building of the State an= d private players (Art. 9, Para 4). The decisive instrument for the = discussion and evaluation of the progress achieved between the ACP and EU M= ember States is the regular political dialogue.

Art. 96 of the Cotonou Agreement regulates the proc= edure in the case where a contractual State - in spite of regular political= consultations - fails to comply with its undertaking to respect human righ= ts, fundamental freedoms, democratic principles and respect for the law (th= e essential elements according to Art. 9 Para 2). The contractual State mus= t then inform the other signatories thereof, in order to permit a comprehen= sive examination of the situation and introduce consultations with the aim = of remedying the deficiencies.

In the case where the consultations do not reach an= acceptable solution for all the parties, or in a situation of special urge= ncy, the EU may take "suitable measures," which can be rescinded as soon as= the grounds for them are removed. Accordingly, suspension of the agreement= is the most extreme measure.

Box 2:= EU Negative Measures: 1998 - 2002

= Ecuatorial Guinea

= 1992 suspension following the abandonment of the democratic process, 1996 c= onsultations, resumption of development cooperation

= Burma/Myanmar

= since 1997 EU sanctions on account of forced labour

= Ivory Coast

= consultation after military coup and popular uprising of 1999, no interrupt= ion of development cooperation

= Gambia

= 1994 military coup, suspension of development cooperation, 1997 and especia= lly 2000 normalization

= Guinea-Bissao

= 1999 suspended

= Comoros

= 1999 suspended

= Liberia

= since 1989 de facto suspension, 1997 confirmed

= Malawi

= at first resistance with the abolition of the single party State 1991/92, w= hich was then overcome; resumption of development cooperation

= Niger

= 1999 after military coup, consultations, normalization

= Nigeria

= 1993 first sanctions, 1997, more severe after hanging of Ken Saro-Wiwa, 199= 9 lifted

= Congo, Dem. Rep.

= since 1992 assistance limited to emergency aid and rehabilitations; 1997 re= sumption of development cooperation made dependant upon democracy and human= rights. New development cooperation sought.

= Congo, Republic

= 1997 suspension of development cooperation on grounds of security, 2000 Nat= ional Indicative Programme concluded; full resumption made dependant on pol= itical progress

= Rwanda

= 1994 development cooperation suspended, 1999 normalised

= Sierra Leone

= 1992 suspended

= Somalia

= suspended since early 90s, support for rehabilitation measures

= Sudan

= suspended since early 90s

[page-number of print-ed.: 10]

= Togo

= 1992 development cooperation suspended until now, 1998 consultations, EU ag= ain expressed "serious worries" over the course of the elections

= Uganda

= 1976-79 under President Idi Amin development cooperation suspended; even to= day many and serious human rights=B4 violations. EU development cooperation= primarily directed towards fighting poverty and Poverty Reduction Strategy= papers.

Source: Annette Windmeisser: Der Mensch= enrechtsansatz in der Entwicklungszusammenarbeit. Menschenrechte, Demokrati= e, Rechtsstaatlichkeit und "good governance" in der Entwicklungszusammenarb= eit. Das Beispiel der AKP-EU-Beziehungen, Vienna 2002, pp. 377-387.<= /p>

In February 2002, the EU announced sanctions for Zimbabwe: travel restrictions and freezing of the accounts of more th= an 70 members of the leadership. Since the situation had not improved a yea= r later, the sanctions were extended in February 2003.

In short, it is a fact that the EU lacks a s= ystematic and transparent procedure for human rights violations. Clear crit= eria for the measures are hardly discernable. Almost without exception, the= sanctioned countries concerned are - apart from Nigeria - small Afr= ican States, as well as a small State in Southeast Asia, Burma/Myanmar. San= ctions are mostly applied for reasons of undemocratic changes of government= . As Windmeisser in her above study points out, everyday human rights' v= iolations - especially those of an economic, social and cultural nature= - do not lead to the introduction of consultation procedures by the EU.=

A coherent foreign policy is lacking. Thus A= lgeria, despite the employment of questionable methods in combating terrori= sm during the 80s, continues to receive support through the EU, despite the= existence of a human rights' clause in the agreement between Algeria and t= he EU. Between 1991 and 1994 the Ethiopian dictatorship received EU financi= al support. And the repressive regime of Sali Berisha in Albania was suppor= ted from 1990 onwards. Even Yugoslavia was able to count on a financial aid= packet in the spring of 1997.

The Role of European = NGOs

There is increased cooperation with the European NG= Os, that should be organized in a less bureaucratic way, more efficient = and conceptionally demanding. Even the German Foreign Office, in the 5<= sup>th Federal Government Human Rights' Report 2000, stressed that th= e challenges of the future EU policy involves increased transparency "espec= ially in the field of combining abstract human rights' political objectives= with a more concrete influence by way of project support", and requested a= ccess for NGOs working in this area to the project planning and possible ap= plications, in order to facilitate the implementation of the project.

In = human rights work cooperation
with European and local NGOs
and other actors from civil society
is especially important.

Box 3:= European Initiative for Democracy and Human Rights 2002-2004

The followin= g priorities for the European Initiative for Democracy and Human Rights wer= e laid down for the period 2002-2004:

  1. Support for the strengthening of democrati= zation, good governance and the rule of law e.g.:
    • Consolidation of the capacities of civil society=
    • Support for the freedom of opinion and independe= nt media, as well as free elections
    • Conflict prevention and solutions
  2. Activities for the abolition of the death pena= lty
  3. Support for combating torture and exemption fr= om punishment, and commitment to the employment of international tribunals = and the International Criminal Court of Justice
  4. Combating racism, xenophobia and discriminatio= n against minorities and indigenous peoples

The EU Commission itself is now increasingly attemp= ting through its own EU Human Rights Forum to bring together the rep= resentatives of EU institutions, EU Member States, NGOs and the academic wo= rld to a joint discussion of conceptional and questions of enforcement (Con= ferences in Brussels 1999, Venice 2000, Paris 2000, Brussels 2001 and Copen= hagen 2002). Cooperation with the NGOs concerns their participation in the = development of country strategies and in the strategic planning of the EU. = And last but not least, instruments for the monitoring of human righ= ts' situations in the partner countries must be devised.

[page-number of print-ed.: 11

Impact of European Co= operation: Strengths and Weaknesses

On account of the large number of measures, it is h= ardly possible to give an overall assessment of the strengths and weaknesse= s of the EU programme or projects relating to the reinforcement of human ri= ghts. The EU evaluations (as published in the Internet, cf. Internet= Links) criticize, among other things, insufficient priority setting, lengt= hy decision phases, insufficient promotional guidelines and lack of indicat= ors. They deplore, moreover, a neglect of support for economic, social and = cultural human rights.

The recommendations propose a continuation and exte= nsion of EU activities and numerous proposals that especially concerned man= agement within the Commission, and the relationship of the Commission to th= e local EU delegations (embassies).

In April 1999, an evaluation of the European Med= iterranean Association Democracy Programme (MEDA) took place. The repor= t reached the conclusion that the programme was for the most part efficient= , well conceived, and dealt in a logical way with the most important questi= ons of human rights and democracy in the MEDA countries. Institutional effe= ctiveness was generally considered to be good.

In 1997 an Evaluation of the PHARE and TACIS Dem= ocratic Programme was undertaken (PHARE refers to the Poland and Hun= gary Action for Restructuring of the Economy, later extended to the Cen= tral and East European States. TACIS deals with Technical Assistance to = the Commonwealth of Independent States). It concluded that this program= me had contributed to the consolidation of the NGOs in the recipient countr= ies. It had also furthered the transfer of know-how and partnership between= the civil society of East and West, and enhanced the degree of awareness o= f the EU.

Outlook

The claim to regard and realize human rights policy= as a cross-sectoral task is repeatedly raised, but there is quite a consid= erable need here for action.

In the area of foreign and development policy the instruments that exist for encouraging positive development through c= riticism and promotion of human rights are becoming increasingly differenti= ated. At the same time, it must always be borne in mind that the promoti= on of human rights and democracy is only effective when linked to internal = social and political processes, and that these seldom permit enforcemen= t or even decisive influence from outside. This is especially the case for = the larger countries. At the same time, the topic of human rights is also i= ntegrated within the common foreign and security policy of the EU, and coun= tries are consequently treated according to their political and economic we= ight. Coherence and a courageous policy are therefore constantly to be dema= nded.

Human rights within the inner sphere of the EU <= /b>play a much more modest role. After the September 2001 terrorist attack,= cooperation between the executive and judiciary (police and justice) has b= ecome more consolidated. The demand for State protection has moved increasi= ngly to the fore, and concurrently the idea of individual freedom that s= hould be protected from possible abuse of power has considerably declined i= n importance. The counter-argument insists, of course, that only the St= ate is capable - and is under the obligation through the employment of secu= rity measures - to protect the necessary area of freedom. In the medium ter= m at least, the protection of human rights will remain the responsibility o= f the individual Member States, allied to some Europe-wide projects (Europe= an arrest warrant, harmonisation of the asylum policy). On the other hand, = the debate on the EU Charter of Fundamental Rights as part of the new European Constitution could lead to a certain revaluation of human= rights for EU citizens, but only if it results in legally binding fundamen= tal rights with a clear appellate procedure.

The EU information policy concerning its hum= an rights' policy has improved considerably. Last but not least, the succes= sful initiative of both foreign ministers of Great Britain and Germany shou= ld be recalled, according to which the Union in regular annual reports by t= he European Council renders an account of its activities (cf. Link List). <= /font>

In view of the newly arising international power we= ighting between the USA, UN and EU following the Iraq war, it is an = open question as to what extent a stronger profiling of the EU, as a leadin= g power and (in the medium term) military player, might also lead to change= s in the importance attributed to human rights.

[page-number of print-ed.: 12

Internet links

www.europa.eu.int

European Union

www.europa.int/comm/
external_relat= ions/human_rights/intro/index.htm

General Director= ate External relations, Human Rights (link to yearly report on human rights= )

www.europarl.eu.int/home/default_en.= htm

European Parl= iament (own annual report on human rights)
 

www.euro-ombudsman.eu.int

European Ombudsm= an (own annual report)

www.europarl.e= u.int/comparl/afet/droi/
sakharov/default_en.htm

EP Sacharow prize

www.coe.int/portalT.asp

Council of Europe an= d human rights

www.eumc.eu.int

EUMC

www.bafl.de

Federal Office for t= he Recognition of Foreign Refugees

www.europa.eu.int/co= mm/justice_home/
project/stop_en.htm

Stop Programme

www.oecd.org/EN/document/0,,EN-document-28-
nodirectorate-no-11-3731= 8-28,00.html

OECD guidelines for = multilateral affairs

www.auswaertige= s-amt.de/www/de/
aussenpolitik/menschenrechte/

Foreign Ministry of = the Federal Republic of Germany, Human Rights Policy

Abbreviations

ECHR

European Convention o= n Human Rights

EP

European Parliament

EU

European Union

EUMC

European Union Monitoring Centre= on Racism and Xenophobia

EUT

EU Treaty (1992 Maastricht, 1997= Amsterdam, 2001 Nice)

DC

Development Cooperation

CFSP

Common Foreign and Security Poli= cy

NGOs

Non Governmental Organisations

<= font face=3D"Arial" size=3D"-1">[U4 =3D Umschlag-R=FCckseite]

Wolfgang S. Heinz: The European = Union Human Rights Policy

Throughout the long road from an economic to a poli= tical community of the EU, the importance of the human rights topic has inc= reased considerably. Promotion and protection of human rights have become p= rominent objectives, especially for the external relations of the EU. Often= , the assertion of human rights is seen by civil society as a cross-sectora= l task to be realized as such. But there still is a need for considerable q= ualified development by the EU.

In the domestic area, however, human rights play a = comparatively less significant role. Here, the responsibility of the nation= state predominates by far. Following the September 2001 terrorist attack i= n New York, cooperation, especially between the executive and judiciary, ha= s been increased. The new harmonized European Arrest Warrant for more than = 30 serious criminal offences as well as an easier extradition procedure are= two important results of this cooperation.

The focus is ever more on State protection. In cons= equence, the idea of individual rights to freedom that should safeguard the= individual from possible abuse by the State has become considerably less i= mportant. The counter-argument, of course, maintains that only the State is= able - and obliged through measures of security - to protect the essential= ly private area. The responsibility for the respect for human rights rests = above all within the jurisdiction of the individual states, but some common= EU-wide projects have also been agreed upon. On the other hand, the debate= over the EU Charter on Fundamental Rights as part of the new European Cons= titution could lead to a revaluation of EU citizens' rights. This also incl= udes the question of how the EU shortcomings in the respect for human right= s and democratic structures within the new and old EU Member States are mon= itored and, if necessary, critically addressed. The instruments for this, i= n relation to the second group, appear to be insufficiently mature and cred= ible.

In addition to the security and economic policies, = the promotion of human rights is also an objective of EU foreign policy. A = wide array of instruments was created for its implementation. Among these a= re the political dialogue with the ACP and various regional groups of state= s and the possibility of suspending development cooperation. The importance= of human rights in EU development cooperation has considerably increased, = from a rather marginal position in the Lom=E9 III Agreement up to the Coton= ou Agreement of 2000, in which human rights along with fundamental freedoms= , democratic principles and the rule of law have become one of the essentia= l criteria for cooperation.

The cooperation with European NGOs is becoming incr= easingly important. But there is plenty of room here for further improvemen= ts in order to achieve a less bureaucratic, more efficient and conceptional= ly more demanding cooperation.

=A9 Friedrich Ebert Stiftung | technical sup= port | net edition=20 fes-library | Januar 2002

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