6 Human rights and democratisation in
the Mediterranean region
| (24741)
9696/03
COM(03) 294
| Commission Communication: Reinvigorating EU actions on Human Rights and democratisation with Mediterranean partners — Strategic guidelines.
|
| Legal base | — |
| Document originated | 21 May 2003
|
| Deposited in Parliament | 17 July 2003
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | EM of 17 July 2003
|
| Previous Committee Report | None
|
| To be discussed in Council | Autumn; no date set
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Background
6.1 Since the adoption of the Charter of Fundamental Rights in
December 2000,[8] the promotion
of democracy, the rule of law and respect for human rights and
fundamental freedoms has been one of the core objectives of the
EU's external policies. The June 2001 Council welcomed the Commission
Communication on the European Union's Role in Promoting Human
Rights and Democratisation in Third Countries,[9]
which commended a more pro-active approach, and reaffirmed the
EU's determination to promote stable, democratic environments,
founded on the full enjoyment of human rights.
The Commission Communication
6.2 The Communication describes the situation in the MEDA[10]
countries as varied and complex, but notes that the UNDP[11]
Arab Human Development report of 2002 identified three "deficits".
These related to freedom, the marginalisation of women and the
uneven and discriminatory pattern of education. In relation to
governance, the Communication comments:
"The Arab countries[12]
fall considerably below world average on all of six variables
of governance used in the UNDP report, except for 'rule of law'
where they slightly exceed the average. In many MEDA countries,
a powerful executive branch exerts significant control and is
subject to inadequate checks and balances from the legislative
and judicial branches. Obsolete norms of legitimacy can prevail.
Representative democratic structures are weak and not always
genuine. Women remain marginalised in economic and political
structures and are broadly discriminated against in law and custom".
6.3 On human rights, the Commission says that Morocco, Jordan
and the Palestinian Authority have engaged in a broadly positive
process of reform but that, generally speaking, standards in the
region fall short of compliance with international norms. Promotion
of these and of democracy has been complicated by the emergence
of religious extremism as a powerful political alternative. Human
rights defenders and non-governmental organisations (NGOs) practising
advocacy of human rights face legal and administrative constraints,
and are frequently marginalised and sometimes repressed. Insufficient
progress has been made on regulatory frameworks and their application,
institutional capacity, education and participation of civil society
in the promotion and protection of human rights. The situation
can be summarised as follows:
"— Deficits in governance hamper the development
of democratic values, and the promotion and protection of Human
Rights;
— Marginalisation of women undermine political
representation and hamper economic and social development;
— Implementation of international Human
Rights conventions is poor;
— Legal and judicial systems lack sufficient
independence;
— NGOs working in the civil and political
spheres are weak, severely circumscribed in their action and cut
off from international networking;
— Education, though relatively better funded
than in many other developing countries, is unevenly dispensed,
does not serve to overcome traditional discriminatory patterns
and is ill adapted to the requirements of the modern economy;[13]
— Authoritarianism and poor economic and
social performance favour political marginalisation and provide
fuel for radical movements and violence; and
— Some political interpretations of Islam
exploit cultural differences to question the universality of Human
Rights."
6.4 Israel is described as presenting characteristics
which are distinctly different from those of the other MEDA partners:
"It functions as a well established parliamentary
democracy, with an effective separation of powers, a functioning
system of governance, and active participation of NGOs and civil
society in all internal aspects of political and social life.
However, Israel's compliance with internationally accepted standards
of Human Rights is not satisfactory. Two important specific areas
need to be tackled. Firstly, the issue of reconciling the declared
Jewish nature of the State of Israel with the rights of Israel's
non-Jewish minorities. Secondly, the violation of Human Rights
in the context of the occupation of Palestinian territories.[14]
There is an urgent need to place compliance with universal human
rights standards and humanitarian law by all parties involved
in the Israeli/Palestinian conflict as a central factor in the
efforts to put the Middle East peace process back on track. This
will require a special effort by the EU and the setting up of
an appropriate strategy".
6.5 The Communication sets out working guidelines
to achieve the EU's goal, in cooperation with those Mediterranean
partner countries in the Barcelona Process which are not EU accession
states or candidates. It makes ten recommendations which include;
- the systematic inclusion of
human rights and democracy issues in all dialogues which take
place on an institutionalised basis, such as the Association Councils
and Committees. It suggests that the EU should also be ready
to discuss issues concerning human rights within the EU, for example
the situation of immigrants in the EU, at the request of the MEDA
partners;
- Commission Delegations coordinating with Member
States' embassies in analysing the situation in each Mediterranean
partner country and producing regular updates; and
- "mainstreaming" the promotion of human
rights and democracy in MEDA programmes. The finalisation in
2001 of Country Strategy Papers (2002-2006) for most MEDA partner
countries is described as a major step forward in integrating
a human rights and democracy dimension in the overall approach
of the Commission to its assistance to these partners.
6.6 The Communication concludes that the EU and the
Mediterranean partners have an impressive array of instruments
at their disposal to allow them to pursue their shared, core objectives
of promotion of the rule of law, democratisation and the respect
of human rights and fundamental freedoms.
6.7 The main instruments for cooperation are the
MEDA programme and the European Initiative for Democracy and Human
Rights (EIDHR).[15]
The EIDHR receives €100 million from the EU budget for the
promotion of human rights and democratisation in third countries
world-wide, in particular through NGOs and international organisations.
Funds can be channelled directly and are not subject to prior
negotiation with third country governments. In 2002 to 2004,
EIDHR concentrated on a limited number of priorities which included
support for the abolition of the death penalty and combatting
torture, racism and xenophobia. The Communication recommends
that its strategy towards the Mediterranean partners should be
revised.
6.8 The Communication identifies ten areas where
the existing instruments could be used more effectively: These
include recommendations outlined above, but also include:
"— Regular contacts between Commission
Delegations and civil society, in close coordination with
EU Member States' embassies;
— the development of MEDA National Action
Plans on Human Rights and democracy with those partners willing
to engage in such an exercise;
— the establishment of Regional Action
Plans on Human Rights and democracy issues with MEDA partners
willing to develop further cooperation on concrete issues;
— Increased attention to Human Rights and
democratisation issues in the Commission's Country Strategy
Papers and greater account taken of progress made in these
areas in the National Indicative Programmes, including
through a special additional facility;
— improved focus on Human Rights and democratisation
issues in the Commission's Regional Strategy and Regional Indicative
Programme;
— enhanced complementarity between the
MEDA programme and the European Initiative for Democracy and
Human Rights;
— enhanced efforts at all levels in the
area of improvement of electoral frameworks."
The Government's view
6.9 The Minister for Europe (Mr Denis MacShane)
says that the Government fully supports the Barcelona Process
and the core objective of the EU's external policies of promoting
democracy, the rule of law, respect of human rights and fundamental
freedoms. He comments that it is particularly important that
action in the region addresses some of the issues raised by the
UNDP Arab Human Development Report 2002, given its detailed analysis
from inside the Arab world. The strategic guidelines provided
by the Commission Communication will provide a strong basis for
taking this agenda forward.
Conclusion
6.10 We ask the Minister to comment on the reaction
of the MEDA partners to the implementation by the EU of those
guidelines which have already been put into practice. Which partners
have not wished to cooperate in the way suggested by the Commission
and for what reasons? We also ask him to tell us, after the General
Affairs and External Relations Council at which this Communication
is discussed, whether any reservations about the recommendations
were expressed by the Member States.
6.11 Meanwhile, we shall not clear the document.
8 OJ No. C 364, 18.12.2000, pp. 1-22. Back
9
(22446) 9336/01;see HC 152-i (2001-02), paragraph 49 (18 July
2001). Back
10
MEDA is the main EU programme of assistance to Algeria, Cyprus,
Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia,
Turkey and West Bank/Gaza Strip. Back
11
United Nations Development Programme. Back
12
The UNDP report covered many more Arab countries than the MEDA
partner countries dealt with in this Communication. Back
13
UNDP recommendations on education are of crucial importance for
the region.The Commission will address these recommendations within
the framework of the MEDA Regional and National Indicative Programmes. Back
14
In this context, the European Union has repeatedly drawn attention
to the human rights obligations of all parties to the conflict,
inter alia through its resolutions and statements at the UN Commission
of Human Rights in Geneva and at the Third Committee of the UN
General Assembly. Back
15
This Initiative is based on Council Regulation EC No. 975/1999
and EC No. 976/1999 of 29 April 1999 - OJ L 120/8 of 8 May 1999. Back
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