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Human Rights, Democracy and the Principles of the Rule of Law in Swedish Foreign Policy

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Human Rights, Democracy and the Principles of the Rule of Law in Swedish Foreign Policy 7 ecember 201 : Elanders, 7 Government Offices of Sweden : +46 8 405 10 00 www. .se Government Communication 2016/17:62 Human rights, democracy and the principles of Skr. the rule of law in Swedish foreign policy 2016/17:62 The Government submits this Communication to the Riksdag. Stockholm, 8 December 2016 Stefan Löfven Margot Wallström (Ministry for Foreign Affairs) Main content of the Communication In this Communication the Government sets out its ambitions and priorities for work on human rights, democracy and the principles of the rule of law in Swedish foreign policy. The Communication provides an account of trends in the world as a whole and the instruments that Sweden has at its disposal for action in this regard. It asserts that human rights, democracy and the principles of the rule of law must be an essential element in all Swedish foreign policy. The Communication also asserts that Sweden is to be a global leader in furthering, preventing and influencing developments in these three areas. Separate communications have already been submitted to the Riksdag on human rights and democracy in foreign policy and in development cooperation. The first Communication, Human rights in Swedish Foreign Policy, was produced in 1997 (1997/1998:89). In that same year the Government also submitted the Communication Democracy and Human Rights in Swedish Development Cooperation to the Riksdag. In 2003 the Communication Human Rights in Swedish Foreign Policy was drawn up (2003/04:20), while the Communication Human Rights in Swedish Foreign Policy (2007/08:109) was submitted in 2007. Freedom from Oppression − Government Communication on Swedish Democracy Support (2008/09:11) was submitted in 2008, focusing on democracy support as part of development cooperation. 1 Skr. 2016/17:62 Contents 1 Introduction ....................................................................................... 4 2 A changing world .............................................................................. 7 2.1 Europe and its surrounding area ......................................... 9 2.2 Middle East and North Africa .......................................... 11 2.3 Sub-Saharan Africa .......................................................... 12 2.4 Asia and Oceania .............................................................. 14 2.5 Latin America and the Caribbean ..................................... 16 2.6 North America .................................................................. 17 3 Inclusive and democratic societies .................................................. 19 3.1 Freedom of expression ..................................................... 20 3.2 Democratic political institutions and processes ................ 22 3.3 Space for civil society ...................................................... 24 4 Equal rights for all .......................................................................... 26 4.1 Gender equality ................................................................ 28 4.2 LGBTI persons’ enjoyment of human rights .................... 30 4.3 Sexual and reproductive health and rights ........................ 32 4.4 Rights of the child ............................................................ 33 4.5 Freedom of religion or belief ............................................ 34 5 Security, justice and accountability................................................. 35 5.1 Principles of the rule of law, conflicts and mass atrocities ........................................................................... 37 5.2 Freedom from violence, abolition of the death penalty and strengthening the rule of law ......................... 38 5.3 Access to justice and freedom from corruption ................ 39 5.4 The right to work .............................................................. 40 6 An integrated approach ................................................................... 42 6.1 International sanctions and export controls ...................... 43 6.2 Migration and refugee issues ............................................ 45 6.3 International disaster management ................................... 46 6.4 Conflicts and international humanitarian law ................... 47 6.5 Sustainable business and human rights ............................ 49 6.6 The environment, climate and human rights .................... 50 6.7 Terrorism .......................................................................... 52 7 Tools and arenas ............................................................................. 54 7.1 Networks, collaboration and dialogue .............................. 54 7.2 Development cooperation ................................................. 56 7.3 Work at country level ....................................................... 57 7.4 The European Union ........................................................ 59 7.5 The United Nations .......................................................... 62 7.6 The UN’s specialised agencies, funds and programmes ...................................................................... 64 7.7 International financial institutions .................................... 65 2 7.8 The International Criminal Court ..................................... 66 7.9 OSCE, the Council of Europe and the Nordic Skr. 2016/17:62 Council of Ministers ........................................................ 68 7.10 Regional institutions ........................................................ 72 7.10.1 Sub-Saharan Africa ........................................ 72 7.10.2 Asia and Oceania ............................................ 73 7.10.3 Europe and its surrounding area ..................... 74 7.10.4 Middle East and North Africa......................... 76 7.10.5 North America, Latin America and the Caribbean ........................................................ 77 7.11 International organisations and networks ........................ 78 7.11.1 International IDEA ......................................... 78 7.11.2 Freedom Online Coalition .............................. 78 7.11.3 Community of Democracies ........................... 79 3 Skr. 2016/17:62 1 Introduction “Sweden is and will continue to be a strong voice that stands up for and defends human rights, democracy and the principles of the rule of law throughout its foreign policy.” – Margot Wallström, December 2015 The idea that certain freedoms and rights are due to all individuals solely because they are human is not a new one. However, international cooperation to codify human rights did not begin until after the Second World War. The Universal Declaration of Human Rights was adopted by the UN General Assembly in 1948. The Declaration was followed in 1966 by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which today are binding in customary international law. The rights were divided into two covenants as a consequence of the prevailing political context at the time they were adopted. However, human rights themselves are indivisible and universal. The two covenants from 1966 are thus mutually reinforcing instruments. The adoption of the Universal Declaration and the aforementioned UN Conventions established not only the importance of human rights for the international community, individual countries and individuals, but also the close link between human rights, democracy and the principles of the rule of law. Since the Second World War a number of international instruments have been adopted in this area. These comprise both legally binding conventions and non-legally binding declarations, as well as political memoranda of understanding. They cover economic, social and cultural rights as well as civil and political rights. The instruments include the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of all Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Declaration on the Rights of Indigenous Peoples. This international legal system founded on human rights, democracy and the principles of the rule of law must be constantly defended. This has become particularly clear in the light of the repressive and reactionary trend we are seeing in several parts of the world today, where the validity of human rights in particular is increasingly being called into question. Respect for human rights must therefore be safeguarded and deepened, and cannot be taken for granted. Equally, human rights, democracy and the principles of the rule of law must be addressed as an integrated whole. The preamble to the Universal Declaration itself states that human rights should be protected by the principles of the rule of law and Article 21 states that everyone has the right to take part in the 4 government of his country, directly or through freely chosen representatives. We can see that the countries that are undemocratic are Skr. 2016/17:62 also those that are failing to operate under the rule of law and with respect for human rights. Tirelessly working to strengthen respect for human rights, democracy and the principles of the rule of law has therefore long been, and will continue to be, one of Sweden’s foremost priorities in every aspect of foreign policy. The utmost importance of such a priority is emphasised by
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