Select Committee on Foreign Affairs Written Evidence


Letter from Sir Peter Marshall, KCMG CVO

THE EUROPEAN UNION AND HUMAN RIGHTS

  In the context of the Committee's forthcoming examination of the latest FCO Human Rights Annual Report, will you permit me to offer two reflections:

    (1)  There is indeed a great deal to celebrate as we mark the 60th anniversary this year of the Universal Declaration of Human Rights. There is probably no more important change in the character of international relations since the end of the Second World War than the move of human rights, as the Foreign Secretary recently put it, from the margins to the mainstream. In the days of classical diplomacy, people were called subjects, but were all too often treated as objects. Today they really are the subject. The United Nations deserve great credit for this change, and we as a country can feel proud of the part we have played.

    (2)  There is a curious irony in the role of human rights in the evolution of the European Union. On the one hand the historic enlargement of the EU to embrace the peoples of the former Warsaw Pact countries is both a great boon to them and a triumph for European values, from which we can all draw great encouragement. On the other hand the Lisbon Treaty is a spectacular failure when it comes to meeting one of the two fundamental challenges identified by the Declaration of Laeken issued on the threshold of enlargement: namely to bring the institutions closer to the citizens. Cynics might dismiss that challenge as reluctant condescension by the elite to keep the voters quiet. A more accurate and constructive explanation is that it testifies to recognition of the vital importance of human rights if the EU is to flourish. Any examination of human rights within the EU cannot but take account both of the failure of the Lisbon Treaty in this regard, and of the ongoing problem which remains to be addressed.

  No aspect of the EU human rights picture is more important than the expansion in prospect of the powers of the European Court of Justice. I venture to enclose a copy of a letter on this question which I have sent to the Chairman of the Constitution Committee of the House of Lords.[58] It has naturally caused me to look again at your masterly Report on the Foreign Policy Aspects of the Lisbon Treaty, and especially at what you had to say about the 2007 IGC process. Had there been greater and earlier consultation of Parliament, a lot of this would surely have been picked up.

19 April 2008






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