December 1998

The year 1998 marked the 50^th anniversary of the adoption of the Universal Declaration of Human Rights. In a statement commemorating that anniversary, the European Union termed the Declaration 'the foundation for national, regional and global policies to advance and ensure human dignity world-wide.'

The Declaration has made it possible 'to move recognition for fundamental rights out of the national arena and bring it onto the international stage'. This evolution has been based on a series of international instruments built upon the original Declaration. The most important of these are two 1966 covenants supplementing the Declaration: one on civil and political rights, and the other on economic, social and cultural rights.

In addition, a number of regional instruments have been set up to help guarantee respect for human rights. In Europe, the most important of these are:

The European Union is not a party to the Council of Europe's Convention on Human Rights, and a recent opinion by the European Court of Justice has confirmed that the EU Treaty would have to be amended to allow the EU to join the Convention. Respect for human rights is nonetheless enshrined in the Treaty on European Union. Article J.1(2) lays down as one of the objectives of the EU's common foreign and security policy:

'To develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.'

Specifically, in the context of development cooperation, Article 130u(2) of the Treaty requires that:

The underlying principles of EU action to achieve human rights are the recognition that:

human rights are universal, based on values common to all people;

human rights are indivisible: there can be no 'ranking' of civil and political rights as compared to economic, social and cultural rights;

human rights, democracy and development are interdependent.

The EU has noted that this last principle 'amounts to a new definition of development centred around the development of the human being as the possessor of fundamental rights and beneficiary of the development process.' All three principles are put into effect through human rights clauses in various agreements between the EU and third countries, as well as through financial allocations aimed at promoting human rights. In 1996, a special EU human rights budget amounted to some ECU 90 million. Other appropriations are made through budget lines for assistance and cooperation (see Sec.3).

The 1991 Council Resolution on human rights, democracy and development has provided the foundation for subsequent Council positions on the subject. The Resolution lays down guidelines and procedures, including a non-exhaustive list of initiatives to be put into effect.

As the anniversary year of the Universal Declaration, 1998 has of course seen greatly increased attention to the issue by the EU institutions. A number of Councils have adopted positions on the importance of human rights and good governance.

(1) The General Affairs Council of 25 May 1998 adopted a common position concerning human rights, democratic principles, the rule of law and good governance in Africa. In addition to reaffirming its commitment to respect for human rights principles, the Council noted that steps would be taken to ensure coordination of EC and Member State efforts in the area of development cooperation in Africa.

(2) The Development Council of 30 November 1998 addressed three points relating to human rights:

It discussed the role of development cooperation in peace-building and conflict resolution and underlined the importance of local capacities and institutions. The Council stated that the impact of Union activities on democracy and stability must be considered and 'coherence between political, economic, developmental, social and environmental instruments should be ensured.' It also recommended expert assessment of operational guidelines for conflict prevention within the context of development projects and programmes; criteria for individual appraisal of the impact of development policies; and a handbook listing development activities that contribute to conflict prevention and resolution.

It adopted a point on 'democratisation, the rule of law, respect for human rights and good governance'. Human rights, democratic principles and the rule of law were set out as 'essential elements' of ACP-EU cooperation, and good governance as one of its objectives. The Council 'noted with interest' the Commission proposal for an action plan containing concrete steps in this direction. It also stressed the importance of continuing dialogue in this area during current negotiations with ACP countries on a new ACP-EU convention to succeed Lomé (see Sec 3).

It adopted a point on 'indigenous peoples within the framework of the development cooperation of the Community and the Member States'. The Council took note of the international instruments addressing indigenous peoples' rights and their 'full and free participation in all aspects of society'. In particular, it noted their right to 'choose their own development paths, which includes the right to object to projects, in particular in their traditional areas.' The Council called for the Commission and Member States to examine means to produce practical procedures for aid practitioners in light of these principles.

(3) The General Affairs Council of 6 December 1998 reviewed the common position on human rights, democratic principles, the rule of law and good governance in Africa which it adopted in May 1998, stressing the high priority given to these issues in political dialogue with the Organisation of African Unity and other groups.

(4) The Vienna Council of 10 December 1998 issued a 'Declaration of the European Union on the Occasion of the 50^th Anniversary of the Universal Declaration on Human Rights', in which it reaffirmed the principles in the Universal Declaration and stated that 'the human being is at the centre' of EU policies. The Council pledged its continuing support for international human rights instruments and observed that 'international organisations, civil society and individuals' were crucial to its work.

The Council noted the need for human rights policies to be continued and, where necessary, strengthened and improved. Towards that end, the EU is to consider concrete measures, including:

the possible publication of an annual EU human rights report

further development cooperation in the field of human rights

convening of a periodic human rights discussion forum

possible establishment of a common roster of European human rights and democracy experts

fostering democracy and the rule of law in third countries

possible strengthening of relevant EU structures.

The Commission has put out a Communication to the Council and the European Parliament on the external dimension of its human rights policy in which it analyses what kind of strategy would be likely to lead to effective action on human rights, and what EU instruments could be used to carry out such action. Among its conclusions are the following:

An effective strategy will require in-depth analysis of human rights issues so that appropriate instruments may be developed;

A constructive dialogue must be held with the European Parliament;

Greater consistency is needed between the positions taken by the EU in international and regional forums and the measures taken at Community level;

Specialist human rights and democratisation teams should be established;

The Community could demonstrate its commitment to the issue by including human rights as a contractual obligation in relations with third countries.

The Communication also discusses financial resources allocated to human rights. While such resources have increased as a whole, they have gone to technical assistance regulations and development cooperation funds that benefit medium- and long-term goals. Short-term response mechanisms, however, are weak, making it difficult to release funds quickly in response to acute human rights violations.

The importance of grassroots groups in all forms, particularly NGOs, is stressed in the Communication. Given that importance, and the increasingly wide areas of protection in which NGOs are involved, the Commission 'will seek to improve its synergistic links with international and regional organizations by developing its dialogue with them in order to identify the relevant needs and priorities.'

The Commission has also issued (on 12 March 1998) a Communication on Democratisation, the Rule of Law, Respect for Human Rights and Good Governance. The document explains the Community's concept of human rights and proposes an action plan designed to strengthen respect for human rights and good governance.

The European Parliament has strongly supported EU policies and measures intended to encourage respect for human rights and good governance, and has been instrumental in convincing the Commission to fund human-rights-related projects as part of development funding. The Parliament is a strong proponent of having the EU accede to the European Convention on Human Rights. It has also on a number of occasions taken the initiative in pointing out human rights abuses.

In keeping with the spate of activities marking the Universal Declaration's 50^th anniversary, the EP has been called upon to approve a number of human-rights-related proposals this year:

Concretely, these principles are intended to encourage the EU to work in partnership with civil society as well as governments, and to support 'transparent independent judicial processes' while promoting economic development.

Similar principles underpin the EU’s policy on indigenous peoples. The November 1998 Development Council, in a Resolution on indigenous peoples, recalled that international instruments call for indigenous peoples to enjoy ‘full and free participation in all aspects of society’. The Council characterised partnership with indigenous peoples as ‘essential’ for the observance of human rights and the development of democracy.

EU commitments to human rights are reflected in the Fourth ACP-EC (Lomé) Convention of 1989, which governs cooperation between the EU and 70 African, Caribbean and Pacific (ACP) countries. Articles 4 and 5 of Lomé specify that cooperation must be based on respect for human rights, democratic principles, the rule of law and good governance. The Convention also lays down a procedure to be followed when these principles are violated, in its Article 366(a).

As revised, the draft Convention will include a formula for funding to be made available for the promotion of human rights and measures meant to 'democratise society, reinforce the rule of law and encourage sound management of public affairs', as an incentive to institutional and administrative reforms. Funds are also available for projects within the framework of ACP-EU cooperation.

The Community has allocated funds for human rights programmes under various instruments of Chapter B7-70 of the budget, entitled the 'European Initiative on Democracy and Human Rights'. The initiative includes projects relating to the development of electoral procedures, civil society, the rule of law, and press freedom. Problems have been encountered with the administration of the Chapter, however (see Sec 4).

Financial instruments within the Chapter include:

B7-7020: Support for promoting human rights and democracy in the developing countries (with the exception of Latin America and the Mediterranean countries)

B7-7030: Democratisation in Latin America

B7-7040: Support for organisations prusuing humanitarian aims and defense of human rights

B7-7050: Democracy in Mediterannean countries

B7-7070: Support for rehabilitation of torture victims and organisations dealing with human rights abuses.

ALA budget lines allocate funding for financial and technical assistance to countries of Asia and Latin America. The Regulation setting out conditions for ALA allocations provides guidelines for granting aid which include good governance criteria. Unfortunately, these guidelines are not necessarily followed by the Commission committee in charge of ALA funds (see FERN Briefing Note on EU Aid).

The EDF is the financial protocol linked to the Lomé Convention. The Commission cites the EDF as an instrument that can be used to pursue objectives of human rights and good governance. While this is theoretically possible, EDF funding is in practice allocated by an EDF committee, with no oversight by the European Parliament, and is often disbursed with little regard for good governance practices in the recipient State.

In Latin America, the Union has funded 'institutional initiatives based on indigenous legal traditions'. These are intended to provide information and training to institutions devoted to defending human rights and include projects in Guatemala, Colombia, and Panama. Another Central American project involves monitoring cases brought before the Inter-American Court of Human Rights.

In addition, projects have been funded as part of a multi-annual human rights promotion project in Central America, aimed at raising awareness of human-rights-related issues. Such projects are now to be extended into Latin America.

The Union also supports projects to promote freedom of expression and media independence, as well as others intended to combat the use of 'hate media' to foment ethnic or religious extremism. Promoting human rights and encouraging civil society are also aims of EU support for conflict resolution in areas of strife, such as Angola and Rwanda.

Beneficiaries of EU aid include particular groups whose human rights are being violated. The Union has funded special projects which make a practical contribution to doing away with child labour and dealing with children who are in risk of serious violence. It also contributed some ECU 2 million to allow non-EU NGOs to participate in the 1995 Beijing Conference on women and its parallel NGO forum. Implementation of the results of the conference has begun, through funding for training programmes for African NGOs which are working to defend women's rights. In addition, the European Parliament has earmarked ECU 6 million (1997) specifically to assist victims of torture.

The Commission is theoretically implementing its declared human rights policy through the instruments set out above. DG VIII (Development) has characterised the consistent and efficient use of these resources as a 'major concern' of the Commission. In addition, the Community is meant to be deciding on actions to strengthen respect for human rights and good governance on the basis of its Communication on Democratisation, the Rule of Law, Respect for Human Rights and Good Governance.

Both the European Parliament and NGOs, however, have expressed concern over the way in which the Commission has put its policies into practice. One problem is staffing levels. As the result of a Commission restructuring exercise meant to consolidate administrative staff into a Common External Service (SCR), understaffing has reached critical levels. DG IA, which administers the democracy and human rights budget, currently has one official and a shared secretary to carry out project management for over 1200 projects, which used to be administered by 21 people. On 3 December, the Parliament adopted a highly critical resolution which noted that 'the number of Commission staff responsible for the management of Chapter B7-70 has been significantly reduced during the setting up of the SCR.'

In general, EU efforts to promote good governance and the rule of law are seen by the Parliament as being uncoordinated and piecemeal. The Parliament would like to see the appointment of a European Commissioner for human rights to remedy these problems. Such a step would parallel their call for an EU agency to monitor human rights worldwide.

All the political groups in the European Parliament have also joined together to draw up a resolution criticising the Commission for failing to provide funds to the European Human Rights Foundation (EHRF). The EHRF was chosen in May 1998 to help the Commission implement its human rights budget lines. It has still not received an official contract, however, and is thus unable to begin its work.

In addition, the Parliament has raised a number of questions about the direction the Commission is taking in current negotiations for a new Lomé Convention. Current statements by the EU have emphasised the importance of developing private sector investment in ACP countries and noted that sustainable development and the environment will be 'taken into account in sectoral policies and through support for specific programmes for natural resource management.' Such a trend would serve to reconfirm the essential role of national authorities over local populations and would reduce human rights and good governance to secondary priorities, behind economic growth.

NGOs have echoed these criticisms and concerns. Several European NGOs have carried out studies and written letters to the Community institutions to draw attention to the failure by the Commission systematically and efficiently to carry out its human rights principles in practice. Southern NGOs are approaching the Commission with the same message. The Peruvian Instituto Prensa y Sociedad has written to Commission President Jacques Santer to point out that some 15% of the 1998 budget for Chapter B7-70 funding will be lost through mismanagement of programme implementation. African and Latin American NGO representatives have travelled to Brussels to set out cases of human rights abuses by European companies carrying out Commission projects.

The EU has stated, in its document on 'Human rights, democracy and fundamental freedoms', that the foundation for democracy must be a 'responsible, active and committed body of public opinion' and has stressed the importance of NGOs and other actors in civil society. Yet, in contrast to the UN and the Council of Europe, the EU does not give NGOs any official consultative status. Nor does it necessarily make it easy for civic groups in third countries to make their voices heard when projects that are economically interesting to European companies are being elaborated and funded.