On 8 May, the European Commission adopted its Communication on the role of the European Union in the promotion of human rights and the democratisation of third countries. This is the first summary document on a European strategy in this connection since 1995. European External Affairs Commissioner Chris Patten had presented the broad lines of the document during the informal Gymnich-type meeting on and 6 May in Nyköping (see EUROPE of 7/8 May, p.7). The Communication above all gives in two annexes the arrangements for dialogue on human rights to be engaged between the Union and third countries and the kinds of intervention to which preference should be given (see also EUROPE of 9 May, p.5). We reproduce these two annexes in full in EUROPE/Documents.
- - - - - - - - - - - -
COMMISSION COMMUNICATION: ANNEXES ON THE DIALOGUE WITH GEOGRAPHICAL REGIONS, AND ROADS FOR INTERVENTION
Dialogue arrangements with geographical regions
Where institutionalised, the dialogue takes different forms. That with the accession countries is most advanced, and builds on the 'Copenhagen criteria' established for accession by the EU in 1993. In its Opinions on the Central and Eastern Europe countries' applications for accession to EU , the Commission analysed the situation relating to democracy, rule of law and to human rights (civil, political, economic and social). These opinions also covered the respect and protection of minorities, including their right to maintain their cultural identity, to equal treatment in social and economic life, and protection against hostility from the majority population (and even the police). In line with the Agenda 2000 approach, the Commission assesses progress towards meeting the accession criteria in the Regular Reports on each country (since 1998). This approach ensures coherence between the various EU instruments and institutions, as well as co-ordination with relevant international organisations such as the Council of Europe and the OSCE. Countries wishing to become members of the European Union are expected not only to subscribe to the principles of democracy, the rule of law, human rights (civil, political, social, economic and cultural rights) and the respect for and protection of minorities, but to put these into practice.
In order to help the candidate countries remedy the specific weaknesses identified in the Regular Reports, the Community establishes an Accession Partnership for each of the candidate countries. These Accession Partnerships identity priorities for each country to fulfil the accession criteria. They also indicate the financial assistance available from the Community in support of these priorities and the conditions attached to that assistance. This Pre-Accession Strategy, based on regular assessments of progress made by the candidate countries in meeting the Copenhagen accession criteria, and Accession Partnerships including targeted assistance, has led to positive developments in all candidate countries, particularly concerning the Copenhagen political criteria. As part of this approach, the development of civil society is also encouraged, in particular through ACCESS, a multi-country Phare programme running until 2002.
This overall approach has successfully promoted coherence between the EU's various instruments, as well as with other organisations such as the OSCE. It has led to positive developments in all candidate countries, including problems relating to minorities. Nonetheless, significant and widespread discrimination exists towards the Roma. This continues to require an intensified effort.
The Cotonou Agreement with the ACP States is built on three interrelated components: political dialogue, trade and investment, and development co-operation. It gives high priority to fostering gender equality, supporting institutional development and improving capacity for good governance. Respect for all human rights and fundamental freedoms, including respect for fundamental social rights, democracy based on the rule of law and transparent and accountable governance are explicitly mentioned as integral parts of sustainable development.
Respect for human rights, democratic principles and the rule of law constitute the essential elements of the Agreement. A new procedure has been drawn up for cases of violation of those elements. The new procedure puts more emphasis on the responsibility of the State concerned and allows for greater flexibility in the consultation process. In cases of special urgency - serious violations of one of the essential elements - appropriate measures will be taken immediately.
A major innovation in the Cotonou Agreement lies in a mutual commitment to good governance, defined as the transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development. The negotiations between the EU and the ACP States on the concept of good governance resulted in a two-pronged approach: on the one hand, a commitment to good governance as a fundamental and positive element of the partnership, a subject for regular dialogue and an area for active Community support; and on the other hand, an agreement to consider that serious cases of corruption, including bribery leading to such corruption, would constitute a violation of that element, and call for measures to remedy the situation. A specific consultation procedure has been adopted to deal with such cases.
Dialogue is intended to play a key role in the new partnership. The Agreement explicitly states that regular joint assessments of developments concerning respect for human rights, democratic principles, the rule of law and good governance will take place at country level.
The opening of the ACP-EC partnership to non State actors is another breakthrough in the Cotonou Agreement. The new approach goes well beyond the experience gained until now as regards decentralised co-operation. It involves encouraging a genuine dialogue both on development policies and on ACP-EU co-operation. Civil society will furthermore be associated to the political dialogue, and to the assessment of policy performance in the context of the reviews of ACP-EC Country Support Strategies.
In its Communication on the Follow up to the Rio Summit which proposed an updated approach to EU-Latin America relations, the Commission identified the promotion and protection of human rights as the main priority in the political field, including the need for new 'positive' measures to strengthen respect for human rights, the rule of law and democratic political systems. These included a proposal for an EU-Latin America/Caribbean discussion forum for the promotion and protection of human rights, based on the good experience gained in Central America where a committee of independent experts was set up under the San José Dialogue to discuss human rights. The group has been tasked to submit a report with conclusions and proposals for action to the 2002 EU-Latin America Summit.
The Commission's recent Communication on 'Reinvigorating the Barcelona Process' also called for greater prominence to be given to human rights, democracy, good governance and the rule of law in Europe's relations with Mediterranean countries. It stated that these issues should be regularly raised by the EU side in political dialogue, and also with partners in Troika meetings, Association Councils and Committees with the intention of identifying measures which governments should take to ensure satisfactory evolution in this area. This dialogue could lead to the establishment of joint working groups on human rights at official level; these groups would aim to agree on a number of concrete benchmarks and objective criteria to be reviewed within the various Association Councils. Where they have not already done so, Mediterranean partners are encouraged to accede to the relevant international instruments, conventions etc on human rights.
With regional groupings in Asia, the EU has a political dialogue with the members of Association of South East Asian Nations (ASEAN), including annual Ministerial meetings, and meets with the SAARC at troika level. The political dimension of Asia-Europe Meetings (ASEM) also permits discussions on support for human rights, democracy and the rule of law. There are ad hoc political dialogues on a bilateral basis with individual Asian countries. However, our dialogue on human rights and democracy with Asian countries needs to be further strengthened, and the Communication on EU relations with Asia, to be adopted in 2001, will address this issue.
The European Union has pursued a specific Human Rights Dialogue with the Government of China since 1997 based on the Treaty provisions on human rights and democracy. The EU's evaluation of this was recently made public . Biannual meetings are held at official level, complemented by expert-level seminars and co-operation projects aimed at promoting inter alia the rights of women and local democracy. A dialogue between the European Union and the Democratic People's Republic of Korea (DPRK) focussing on human rights is under consideration.
The development of relations between the EU and the Western Balkans, (Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia (FRY) and the former Yugoslav Republic of Macedonia (FYRoM), is also subject to political and economic conditions. This conditionality applies to all five countries and is a central element of the EU's Regional Approach, now developed into the Stabilisation and Association Process, which offers the countries of the region the prospect of integration into EU structures. Paramount importance is attached to compliance with conditions related to human rights, minority protection, good governance and democratic principles. To support the participation of these countries in the Stabilisation and Association process, assistance under the Community Assistance for Reconstruction, Development and Stabilisation (CARDS) regulation is aimed at the creation of an institutional and legislative framework to underpin, inter alia, democracy, the rule of law and human and minority rights. Complementary activities are carried out under the EIDHR. On a regional scale, the Community works closely with the Stability Pact for South Eastern Europe. This was set up in 1999 to co-ordinate the efforts of the major donors to the Balkans and has a 'Working Table' devoted to the development of democracy and human rights.
The EU has concluded Partnership and Co-operation Agreements (PCA) with most countries in the Tacis region. The PCA with Russia, signed in 1994, provides for increased and institutionalised political dialogue at all levels. This was followed by the EU's Common Strategy on Russia of 1999 that defines certain priority areas such as consolidation of democracy, rule of law and public institutions. On the same occasion a Common Strategy was adopted for Ukraine. This notably states: "The EU will undertake efforts to foster democracy, good governance, human rights and the rule of law" . Progress in development of a PCA with Belarus was stalled in 1997 due to the deteriorating human rights situation, and the EU has adopted a step-by-step approach requiring notably the reestablishment of democratic institutions in Belarus. In the Caucasus and Central Asia, PCAs have been signed with Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan and Uzbekistan. EC support to promote the development of human rights and democracy in the NIS is provided from Tacis and the EIDHR.
Action points
I. Promote greater consistency and coherence between European Community, other European Union and Member State activities
Commission to work for a transparent approach to human rights and democratisation which is coherent and consistent between countries and regions and avoids double standards and makes use of all available instruments.
Commission to promote coherence between Council Working Groups with a policy interest in human rights and democratisation and Committees involved in external assistance.
Commission to intensify existing dialogue with the Council and the European Parliament to include discussion of both policy and programming priorities relating to human rights and democratisation (including the EIDHR).
Commission to work with the Human Rights and Democracy Committee and, where appropriate, other Committees to evaluate actions undertaken, and to promote the exchange of best practice and lessons learned.
Commission delegations in third countries to systematically include EC and bilateral human rights and democratisation assistance in their co-ordination of overall EU assistance, and to promote a two-way exchange of information to maximise coherence and complementarity.
Commission to promote coherence and highlight inconsistencies where they arise between Council Working Groups with a policy interest in human rights and democratisation and Committees involved in external assistance.
Commission to ensure that the formulation of all Community policies avoids negative human rights effects and maximise the positive impact. To enable this, the Commission will develop a methodology, drawing on international experience, including that used to promote gender equality.
Commission to include the human rights dimension in the Green Paper on Corporate Social Responsibility to be adopted in June 2001.
II. Mainstreaming human rights and democratisation through dialogue, assistance and other policies
a) Dialogue
The Commission's dialogue with third countries will be pursued in a coherent and consistent way and be based on internationally agreed human rights standards and instruments, in particular those of the UN.
Commission to include human rights and democratisation in its dialogues with third countries where this is not already the case, and to press for inclusion in other political dialogue formats (Troika etc). Dialogue should include thematic issues such as the death penalty, torture and racism and xenophobia, not least in order to build coalitions and support for EU positions in international fora, including the UN.
Commission to draw on developments in benchmarking and indicators in the field of human rights, democratisation and governance, as appropriate to provide a framework for dialogues with partner countries so as to promote coherence and consistency. The Commission will particularly draw on internationally accepted benchmarks such as those established by the ILO, the UN and the Council of Europe. Commission to use the dialogue to seek the joint establishment of certain goals.
Commission will use the dialogue with partner countries on CSPs and assistance programmes to identify how human rights and democratisation can be mainstreamed and reinforced through EC programmes, including the ratification of the fundamental Human Rights Instruments and their effective implementation, as well as follow up to UN recommendations.
Dialogue between Commission and civil society organisations to be widened and deepened, using appropriate tools, including the internet, and to include all actors with an interest, in addition to human rights NGOs. Commission to make greater use of the Internet to promote dialogue with civil society.
Commission to continue its effort to associate civil society with the political dialogue in all regions, in line with the approach already adopted with ACP countries and Mercosur, including the facilitation of dialogue and exchanges of views on policy and co-operation at local level with civil society and Member States.
Commission will evaluate the impact of its dialogue and related activities, and how far they have achieved their objectives, and provide an assessment to the European Parliament and Member States.
Commission to evaluate the NGO Human Rights Fora held so far, and consult NGOs, Member States and the European Parliament on the way forward. On the basis of this consultation, the Commission will make recommendations to the Council on the Forum including how it can contribute to the implementation of this Communication.
b) EC Assistance Programmes
Commission to use the Country Strategy Paper as the basis for its action and its political dialogue, and to implement the guidelines for drawing them up systematically. This includes an analysis of the situation of human rights, democratisation and the rule of law; and of how the EC country assistance programmes and other EC instruments including the EIDHR can contribute to promoting human rights and democratisation.
When deciding country allocations and in assessing partnership agreements, the Commission will extend the approach under EDF and MEDA to all co-operation programmes to take into account positive performance in implementing reforms in the area of human rights, democracy and the rule of law .
Commission to develop a methodology of human rights impact assessments for co-operation projects and programmes to monitor and enhance the impact of individual projects and programmes on human rights. This will be done in consultation with other donors, and taking into account the Commission's experience in gender and environmental impact assessments. This assessment will take economic, cultural and social rights into account.
Commission to adopt a participatory approach in programme design and to assess, monitor and enhance the impact of individual projects and programmes on human rights.
c) Training
Training to be provided for Commission staff in Headquarters and delegations in human right and democratisation and mainstreaming.
III. A more strategic approach to the European Initiative for Democracy and Human Rights (EIDHR), and to joint co-operation projects with the UN and other international organisations
Commission to adopt a medium/long-term strategy for the EIDHR which focuses on a limited number of themes and concentrates on certain focus countries. This strategy is to be adopted following consultation with the Council, European Parliament, international and civil society organisations/NGOs, and implemented from 2002 onwards.
In implementing the EIDHR the Commission will ensure the promotion of gender equality, of children's rights and of the rights of indigenous peoples, through 'mainstreaming' them as cross-cutting issues in all projects.
A regional dimension to projects, and the use of Information and Communication Technologies will be encouraged wherever appropriate or cost-effective.
Priority themes will be reviewed each year in the drawing up of an annual programme. Focus countries will be identified annually on the basis of Country Strategy Papers/Accession Partnerships and consultation. Flexibility that allows the EU to respond to urgent and unforeseen needs will also be ensured.
Commission will consult Member States, the European Parliament and NGOs in drawing up the annual programme.
Enhanced measures to improve the management of the EIDHR and to make it more transparent, including publication of reports of actions funded, publication of guidelines for the selection of targeted projects, and development of better impact indicators for project evaluation.
Commission to evaluate the operations financed by the Community under the Regulations 975 and 976/99, to be completed by 2002 and adoption of any appropriate proposals for the future in good time before the expiry of the Regulations 975/99 and 976/99 on 31 December 2004.
Commission to explore with key international organisations involved in human rights and democratisation ways of deepening co-operation and making it more effective, including through the agreement of co-operation strategies and goals.
Commission to examine the possibility of using the EIDHR to support UN mechanisms which fit EC priorities, as well as ad hoc projects.