Transcript Slide 1

Human rights, Democratisation and
Election observation
EEAS MD VI.A
Human Rights and Democracy Directorate
17/07/2015
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EU Human Rights Policy
Architecture, key messages
Human Rights Toolkit
Key challenges
Democratisation, Election observation
Q and A
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Legal Basis
• Article 21(1) TEU: “The Union’s 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
UN Charter and international law”.
• Article 205, Treaty on the functioning of the European Union governs Title
II on the Common Commercial Policy - the Union’s actions on the
international scene pursuant to that part shall be guided by the principles,
pursue the objectives and be conducted in accordance with the general
provisions laid down in Chapter I of Title V of the treaty of the Union (ie
Article 21 TEU).
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Lisbon Treaty: legal matters
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Article 6(1) – recognises the legal effect of
the EU Charter of Fundamental Rights –
impact on external relations?
Article 6(2) – legal competence to accede
to the European Convention –
negotiations ongoing
Article 21(1) TEU: “The Union’s 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 UN Charter and
international law”.
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Lisbon Treaty: institutions
• HR/VP - policy review
• European External Action
Service (EEAS)
– including EU Delegations
– Directorate Human Rights and
Democracy
– CMPD, CPCC, EUMS
• VP, Commissioner for
Fundamental Freedoms
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HR / VP Human Rights Line
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Silver thread / golden standard
Make a real difference for the people (ie HRDs)
Efficiency (eg country strategies)
HR strategy review
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EEAS
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Council bodies
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COHOM – human rights working group
CIVCOM/PMG/EUMC
Geographic working groups
PSC/Coreper
Council (European Council)
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European Parliament
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Annual report on Human Rights
Human Rights Sub-Committee
Urgency debates
Questions
Consent to agreements
Visits
Sakharov Prize
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EU Human Rights Policy
Architecture, key messages
Human Rights Toolkit
Key challenges
Democratisation, Election observation
Q and A
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Toolkit
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Strategic framework and Action plan
EU Policy Guidelines
Human Rights country strategies
Country activities
Annual report on HR and democracy
EU Special Representatives (EUSR)
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Dialogues, consultations, sub-committees
EU declarations and demarches
Common Security and Defence Policy
(CSDP)
Restrictive measures i.e. sanctions
Human Rights clause
ACP countries
Generalised System of Preferences (GSP)
Multilateral action – UN, CoE, OSCE
Election observation
Democracy support
Development Cooperation
Training
Network of focal points
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Strategic Framework and Action Plan
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EU strategic framework adopted in June 2012
Action plan contains 97 actions under 36 headings
Comprehensive, but not exhaustive
Result of extensive consultation with MEP’s & NGO’s
Agreed by 27 Member States and Commission
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EU Policy Guidelines
Guidelines and Toolkits set out policy
on various priorities:
• Death Penalty
• Human Rights Dialogues
• Torture
• Children and Armed Conflict
• Human Rights Defenders
• Rights of Children
• Violence vs Women
• …IHL
• More to come: FoRB, LGBT, FoE
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Human Rights country strategies
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Key objective
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Aims
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rationalise and integrate the application of EU human rights guidelines, toolboxes or action plans
into one coherent policy document
Better and more comprehensive understanding of the key human rights challenges in partner
countries
Focus EU action on well-targeted key priorities with concrete goals to be achieved within 3 years
Facilitate and streamline relevant activities of Member States and EU diplomatic missions in the field
Systematise reporting by the missions and contribute in a more comprehensive manner to the
various country and regional strategies
Principles of local ownership
FAQ http://intradel/eeas/node/2117
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Dialogues and Consultations
Russia
Belarus
Moldova
Candidate Countries
Canada
United States
Israel
Kazakhstan
Armenia
Kyrgyzstan
Azerbaijan Tadjikistan
Georgia
Turkmenistan
China
Iran Uzbekistan
Japan
Mexico
India
African Union
Columbia
Chile
Brazil
Indonesia
Argentina
New Zealand
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Sub-Committees
Ukraine
Morocco
Tunisia
Lebanon
Pakistan
Palestinian Auth.
Jordan
Algeria
Egypt
Bangladesh
Laos
Vietnam
Cambodia
Sri Lanka
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Number of guidelines
Number of dialogues
Dialogues and Guidelines over time
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2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
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Declarations and demarches
• EU has developed a policy of raising key HR issue
with third countries through rounds of systematic
demarches
• can be general (ICC, UN related issue) or countryspecific including individual cases, e.g. death penalty,
torture, Human Rights Defenders,
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CSDP operations/missions
• Human rights
– References in planning docs,
Joint Actions
– advisors
• Gender
– 1325/1820 implementation
– Comprehensive approach
– advisors
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Human Rights Clause
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Standard in most agreements since
1995
“Respect for human rights and
democratic principles as laid down in
the Universal Declaration of Human
Rights underpins the domestic and
international policies of the Parties,
and constitutes an essential element
of this Agreement”
Weblink:
http://ec.europa.eu/world/agreemen
ts/viewCollection.do?fileID=50370
Basis for positive and negative
measures
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ACP Countries
• Regular political dialogue –
Article 8
• Art 8 dialogue includes
human rights
• ICC clause
• Intensified political dialogue
• Article 96 consultations
• Sanctions
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Trade
• GSP may be withdrawn from beneficiaries for violations of
human rights or export of goods made by prison labour
• GSP+ incentive arrangements
• Regulation 1236/2005 concerning trade in certain goods
which could be used for capital punishment, torture or other
cruel, inhuman or degrading treatment
• Code of Conduct on Arms Exports
• Dual Use Regulation
• Bilateral Investment Treaties
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Multilateral Action
• UN General Assembly 3rd Committee
• UN Human Rights Council
• OSCE
• Council of Europe
• Other regional HR systems
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Development Cooperation
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Development Cooperation Instrument (DCI)
– Bulk of the money available
– Democracy can be focus area
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European Instrument for Democracy and Human Rights
– Call for proposals
– Through civil society actors
– Thematic priorities defined every year
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Multiannual Financial Framework (MFF)
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European Development Fund (EDF)
– For ACP countries
– Governed by Cotonou agreement
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EU Special Representatives (EUSR)
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Human rights (Lambrinidis)
Central Asia (Flor)
Middle East Peace Process (Reinicke)
Horn of Africa (Rondos)
Kosovo (Žbogar)
South Caucasus and Georgia (Lefort)
South Mediterranean (León)
Sudan and South Sudan (Marsden)
Bosnia and Herzegovina (Sørensen)
Afghanistan (Ušackas)
African Union (Quince)
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Resident in region or Brussels
Coherence in CFSP
Eyes and ears, face and voice
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Annual report on Human Rights and Democracy
• Produced since 1999
• Format has evolved over time
• Action Plan foresees an overhaul (increase
performance)
• Longstanding and increasing pressure from
Parliament for benchmarks
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EU Human Rights Policy
Architecture, key messages
Human Rights Toolkit
Key challenges
Democratisation, Election observation
Q and A
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Challenges
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Human rights as « spoiler » of relations
Shaming versus engagement
Universality versus relativism
Coherence through our various external policy instruments
EU « double standards »
Internal/external coherence
Economic and social rights (in addition to civil & political
rights)
• Actual implementation of obligations
• Relations with NGOs
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EU Human Rights Policy
Architecture, key messages
Human Rights Toolkit
Key challenges
Democratisation, Election observation
Q and A
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Democracy Support
• Council conclusions on “Democracy Support in the EU’s External Relations
– Towards Increased Coherence and Effectiveness”, 18 Nov 2009, incl:
• Annex: “EU Agenda for Action on Democracy Support in EU External
relations”: aim to increase coherence, consistency and efficiency of EU
action on democracy support using available instruments.
• Action areas:
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A country-specific approach.
Dialogue and partnership
EU coherence and coordination
Mainstreaming
International cooperation
Visibility
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Democracy Support
• Council conclusions on “Democracy Support in the EU’s
External Relations – 2010 Progress Report and list of proposed
pilot countries, 13 Dec 2010:
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Republic of Moldova – for Eastern Neighbourhood
Kyrgyzstan – Central Asia
Lebanon – for Southern Neighbourhood
Ghana, Benin, Solomon Islands and Central African Republic – for ACP
Bolivia – for Latin America
Mongolia, Philippines, Indonesia and Maldives – in Asia
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Democracy Support
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Joint report to the Council “Implementation of the Agenda for Action on Democracy Support
in the EU External relations”, tent Oct 2012
Tentative first conclusions:
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Some areas need to be revised:
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Increased coherence
Increased legitimacy
Value-added, additional information
Synergies with human rights strategies
Value-added for programming and dialogues;
A refined approach to the partner countries,
A revised guidance note
Some funding
For the medium to long term:
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A training package
What democracy are we talking about?
Standard democracy profile of the partner country
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Democracy Support
recent policy developments
• “A new response to a changing Neighbourhood” Joint Communication, 25
May 2011
• “Increasing the impact of the EU Development Policy: An Agenda for
Change”, Commission Communication, 13 Oct 2011
• “The Future Approach to EU Budget Support to Third Countries”,
Commission Communication, 13 Oct 2011
• “Human Rights and Democracy at the Heart of EU External Action –
Towards a More Effective Approach” Joint Communication, 12 Dec 2011
• De Keyser report calling for a paradigm shift in EU democracy support
from “security and stability” to “democracy and human rights”
• “European Endowment for Democracy” to respond to the Arab spring and
perceived shortcomings in delivering EU democracy support
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Election Observation
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Since 2000, more than 90 EU Election
Observation Missions to Africa, Latin
America, Asia
2012 priorities: Senegal, Algeria,
Tunisia, East Timor, Venezuela,
Palestinian Authority, Libya, Sierra
Leone, Kenya, Nepal, Pakistan +
approx. 10 Expert Missions
Comprehensive & long term
approach with focus on election
process
EU EOMs complementary to
election assistance as well as broader
EU democracy and HR support
actions
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Emphasis on impact of EU EOMs: follow
up to recommendations, post-EOM
political dialogues
Inter-institutional co-operation:
Commission & EEAS + regular consultation
of MS & close cooperation with EP
International co-operation: EU
Institutions signatory of Declaration of
Principles on International Election
Observation, co-operation other election
organizations (e.g. Carter Center, AU,
Commonwealth, OAS…)
Challenges: Election observation is a
successful tool (Alternatives; links with
other political objectives; operational &
security issues)
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Aim of Election observation
• Not validate results ! eg. not pronounce “free & fair”
• Deter fraud and violence
• Create confidence for contestants and voters to participate in
election process
• Evaluate process against international standards for
democratic elections
• Provide a « snapshot » analysis of a wide range of issues
related to democracy and the rule of law
• Produce constructive recommendations to follow up
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Communication: EU strategy for election
observation and assistance (COM(2000)191 final)
• Annual programming of election observation which
takes into account all aspects of the relations with a
country.
• A standardised and comprehensive methodology
– Impartiality
– Independence
– Observation of all stages of the electoral process and full
geographical coverage
– Invitation
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Election Observation: timeline
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EU Human Rights Policy
Architecture, key messages
Human Rights Toolkit
Key challenges
Democratisation, Election observation
Q and A
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