Human Rights and Democracy in the World
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Human rights and democracy in the world Report on EU action July 2008 to December 2009 EUROPEAN UNION External Action This report is available online at http://eeas.europa.eu A great deal of additional information on the European Union is also available on the Internet at http://ec.europa.eu / http://www.consilium.europa.eu / http://www.europarl.europa.eu Cover picture: © Reuters © European Union, 2010 Reproduction is authorised provided the source is acknowledged Published by the European Commission, May 2010 Preface The European Union has come a long way since its first human rights report was published in 1999. At that time, the EU set itself the target, «to ensure that all pertinent means for action are available within the framework of the Union, including through the possible publication of an annual EU human rights report». This report gives an overview of our many activities. Following the entry into force of the Lisbon Treaty, the EU is now moving forward to another stage in its development. This is a good time to take stock. After spending much time and energy in considering how we work, it is important to think again about why. The message from citizens across Europe is clear. They want the EU to do more to promote and defend human rights throughout the world. I believe that by showing what we are doing, and by speaking with a united voice on the world stage, we can answer these expectations. The idea for an EU report on human rights first came from a celebration of the Universal Declaration of Human Rights. In uncertain times we may be glad to remember that some things hold for all, and that each of us has our part to play in ensuring that everyone is able to exercise their human rights. Catherine Ashton High Representative of the Union for Foreign Affairs and Security Policy Vice-President of the European Commission 1 Table of contents Overview 13 5 EU instruments and initiatives in non-EU countries 2 3 17 The European Parliament’s action on human rights 3 3 35 2 Human rights and democracy in the world | Report on EU action Thematic Issues 4 3 47 EU action in international forums 53 87 A Countries, Annex regions 3 177 and territories 6 3 99 Table of contents 3 4 Human rights and democracy in the world | Report on EU action Overview (14) P6_TA(2009)0385, 7 May 2009 11 (14) P6_TA(2009)0385, 7 May 2009 © Panos A commitment to human rights and democracy is at the heart of the EU. This report seeks to explain how that commitment is put into practice, and why it matters. Exceptionally, this report covers 18 months, from July 2008 to December 2009. This is so that, starting from the next edition, reports simply will cover the previous calendar year. Why does EU put so much effort into promoting human rights? If it is true that our values and principles define who we are, the EU’s identity is clear: “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.” ARTICLE 2 OF THE TREATY ON EUROPEAN UNION BeyondBeyon this, the EU has a vocation to bring the same values to its external relations: “The Union’sU action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.” ARTICLE 21 OF THE TREATY ON EUROPEAN UNION Such words may sometimes be taken for granted, but provide the basis for all our work. Unfortunately, there is much to do. All over the world, people are wrongly denied the chance of living their lives to the fullest. This may be because of political oppression (students or journalists jailed, websites shut down, etc) or circumstances out of control (conflict, poverty and isolation). The EU alone cannot change the way of the world, but it is determined to play its part taking account of its size, wealth, history and geography. Not least, this is in our own interest. It may be commonplace today to speak of globalisation and interdependence, but it is no less true that,“spreading good governance, supporting social and political reform, dealing with corruption and abuse of power, establishing the rule of law and protecting human rights are the best means of strengthening the international order.” THE EUROPEAN SECURITY STRATEGY, ADOPTED IN 2003, REVIEWED IN 2008 Overview 7 Within the EU The focus of this report is on human rights and democracy in the world, beyond the EU. In considering this subject, it is useful to understand how the EU ensures coherence and consistency between its internal and external policies. Primary responsibility for ensuring the rights of their citizens naturally rests with the EU’s Member States. All of them have strong, independent judiciaries, and all are party to the European Convention on Human Rights (ECHR). It is the richness of their constitutional traditions that has shaped the EU from its foundation. Building on this, the EU’s aim is “to promote peace, its values and the well-being of its peoples” (Article 3, Treaty on European Union). Work to ensure tolerance, human dignity and non-discrimination, etc, involves constant innovation in policy areas such as justice, employment, social affairs and migration. The Fundamental Rights Agency, based in Vienna, provides the EU with assistance and expertise to help with formulating policy. Further protection comes from the EU’s ‘Charter of Fundamental Rights’, which now has legally binding force. The Vice President of the European Commission responsible for Justice, Fundamental Rights and Citizenship also plays a role in this area. On top of this, the Lisbon Treaty determined that the EU itself (which now has legal personality) should accede to the ECHR, and work has begun on this. Individuals who feel that their rights have been infringed by the EU will in future be able to take their case to the European Court of Human Rights in Strasbourg. The Lisbon Treaty also provides a powerful guarantee against larger scale abuses. According to Article 7 of the Treaty on European Union, if there is a clear risk of a serious breach by a Member State of the EU’s values (quoted above), the Council may decide to suspend certain rights of that Member State, including its voting rights within the Council. In sum, the EU is extremely serious about delivering on its pledges. This is vital when it comes to the EU’s credibility on the world stage. Increasingly the EU is subject to scrutiny by others, who question its record on human rights. It is a defining characteristic of the EU, however, that it is open to criticism and welcomes free debate, which helps to keep public institutions accountable to the citizens that they serve. 8 Human rights and democracy in the world | Report on EU action enlargement The EU in its neighbourhood EU policy towards its neighbours has long been driven by a desire to remove barriers and extend the benefits of European integration, including in the field of human rights. The EU’s enlargement policy has been perhaps its most powerful tool in promoting and projecting human rights in Europe. Accession to the EU requires acceptance of European law (the ‘acquis’), and compliance with the ‘Copenhagen criteria’, ensuring “stable institutions that guarantee democracy, the rule of law, human rights, respect for and protection of minorities”. Each year the European Commission prepares Progress Reports on candidates and potential candidates, which cover their record on human rights and identify areas for improvement. 16 other neighbouring countries are covered by the European Neighbourhood Policy, which links the development of relations with a commitment to common values (democracy and human rights, rule of law, good governance, market economy principles and sustainable development). Mutually agreed Action Plans set out an agenda for reforms with short and medium-term priorities. The European Commission monitors these, providing financial and technical support to improve implementation. The EU also works through initiatives geared to theth needs of certain regions [see 6.2]: • The Union for the Mediterranean, launched inin Paris on 13 July 2008, speaks of, “the full respect ofof democratic principles, human rightsrights and fundamentalfu freedoms”. • The Eastern Partnership,Partnership, launched in PraguePrague on 7 May 2009, is based on, “commitments to the principlesprinciples ofof international law and to fundamentalfundam values”. • The Black Sea Synergy,Synergy, launched in Kyiv on 114 February 2008, has the stated aim, “to strengthen thethe democracy and respect for human rightsrights and to foster civil society”. The EU is a longstandinglongstanding partnerpartner of the Council of EuropeE (CoE), the premier standard setting body for the continent.continent. This organisation,organisation, basedbased in StrasbourgStrasbourg [see[ 5.3], has as its primary aim to create a common democratic and llegalegal areareaa throthroughoutughout the whole ooff Europe, ensuring respect for its fundamental values: human rirights,ghts, democracdemocracyy anandd the rurulele of law. ThTheree are regular meetings between EU offi cials and the SecretSecretaryary General of CCoE.oE. The EU also funds varivariouso CoE activities and programmes, eg the role of the CoE CoCommissionermmissioner for HHumanuman RRightsights fofollowingllowing the 2008 confl ict in Georgia.