14 Development cooperation and human rights
| (25074)
15128/03
COM(03) 639
| Draft Regulation amending Regulation (EC) No 975/1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms and Regulation (EC) No 976/1999 laying down the requirements for the implementation of Community operations, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries
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| Legal base | Articles 179(1) and 181a(2) EC; co-decision; QMV
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| Document originated | 28 October 2003
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| Deposited in Parliament | 24 November 2003
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| Department | International Development
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| Basis of consideration | EM of 11 December 2003 and Minister's letter of 17 February 2004
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
14.1 Regulation (EC) No. 975/1999 and Regulation (EC) No. 976/1999
provide the legal basis for a budget line and programme entitled
the "European Initiative for Democracy and Human Rights (EIDHR)".
This was created in 1994 to bring together all the budget lines
which previously dealt with programmes for promoting human rights
in third countries. Regulation (EC) No. 975/1999 is concerned
with such programmes in developing countries, whilst Regulation
(EC) No. 976/1999 is concerned with such programmes in other third
countries.
14.2 The EIDHR has four main priorities: support
to strengthen democracy, good governance and the rule of law;
activities in support of the abolition of the death penalty; support
for international tribunals, including the International Criminal
Court; and combating racism and xenophobia. EIDHR support is concentrated
on a number of "focus countries", whilst also supporting
global and regional projects and election observance and assistance
in selected countries.
The draft amending Regulation
14.3 The draft Regulation would extend the duration
of the existing Regulations for a further two years until 31 December
2006. It also makes a number of amendments to improve programming,
financial control and monitoring. Commitment appropriations of
€198
million have been provided for within the EC Budget until the
end of 2006, together with a provision for operational expenditure
of €14
million for studies and experts over the same period.
14.4 The proposal to extend the Regulations in this
way was subjected by the Commission to an extended impact assessment.
This assessment drew on consultations with NGOs and others in
the partner countries. The assessment concluded that the overall
impact of the EIDHR has been positive and that areas of weakness
in co-ordination and implementation could be achieved by improved
programming and implementation procedures. The assessment also
drew attention to the difficulty of measuring the impact of activities
to promote human rights and democracy. The assessment considered
alternatives, such as the abandonment of the EIDHR budget line,
but concluded against this, on the grounds that this would leave
the EC with no means of pursuing an overall Community objective
of promoting human rights and democracy in third countries and,
specifically, that it would mean an end to European Union election
observation missions.
The Government's view
14.5 In his Explanatory Memorandum of 11 December
2003 the Parliamentary Under-Secretary of State at the Department
for International Development (Gareth Thomas) indicates that the
Government fully supports the underlying policy objectives of
the proposed amending Regulation and supports the EC approach
of integrating human rights into all development work.
14.6 The Minister also comments that the work of
the EC has in the past often been focused on the promotion of
civil and political rights, and that implementation has been ineffective.
The Government will therefore press for the new Regulation to
put more emphasis on promoting the human rights of poor people
and vulnerable groups. The Minister welcomes the proposed improvements
in programming, project selection and monitoring and agrees with
the conclusions of the Commission's extended impact assessment,
pointing out that there are possible advantages in supporting
human rights and democracy from the Community level rather than
at the level of the Member States.
14.7 The Minister expands on this explanation in
his letter to us of 17 February, in which he explains that the
European countries included among the 31 "focus countries"
of the EIDHR include the Federal Republic of Yugoslavia, Bosnia
and Herzegovina, Georgia, Russia, Ukraine and Turkey. The Minister
adds that the work of the EIDHR complements that of the Directorate
General of Human Rights of the Council of Europe in those countries
and that it funded a joint programme worth € 1.3 million
in those countries.
14.8 The Minister amplifies the comment he made in
his Explanatory Memorandum about the implementation of EIDHR activities
being ineffective. He explains that his concern was to point to
the narrow focus of the EIDHR on civil and political rights:
"Though we recognise the importance of these
rights and the activities undertaken to meet the general objectives
of the EIDHR, we believe that a rights based approach to development
also needs to incorporate social, cultural and economic rights.
The narrower focus of the EIDHR means it is less likely to deliver
developmental outcomes for the poorest and most vulnerable groups.
"Whilst accepting the arguments for retaining
a separate budget line for EIDHR, we strongly support the EC's
policy to integrate human rights issues in all its development
policies and programme. In doing so we will continue to encourage
a broad based right approach, which includes, for example, the
right to the best attainable standards of health care or education."
Conclusion
14.9 We thank the Minister for his Explanatory
Memorandum and for his helpful letter. We note his remarks that
the European Initiative for Democracy and Human Rights ought
to be more broadly focused so as to include economic, social and
cultural rights. In our view, EC activities should avoid the risk
of overlap with the work of the institutions of the Council of
Europe in relation to civil and political rights, and a broader
focus will help in this regard.
14.10 On the basis of the explanations provided
by the Minister we are content to clear the document.
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