18 EU Special Representative for Human
Rights
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny; further information requested
|
| Document details | Draft Council Decision extending the mandate of the EU Special Representative for Human Rights
|
| Legal base | Article 31(2) and 33 TEU;QMV;—
|
| Department
Document number
| Foreign and Commonwealth Office
(36628), —
|
Summary and Committee's conclusions
18.1 The office of the European Union Special Representative for
Human Rights (the EUSR) was established by Council Decision 2012/440/CFSP
of 25 July 2012. Mr Stavros Lambrinidis, a former Foreign Minister
of Greece, assumed the role on 1 September 2012. He acts under
the authority of the High Representative of the Union for Foreign
Affairs and Security Policy, Mrs Federica Mogherini. He is mandated
to contribute to the implementation of the Union's external human
rights policy, enhance dialogue with governments in third countries
and contribute to better coherence and consistency of the Union's
policies and actions on human rights.
18.2 The EUSR's original mandate was due to expire
on 30 June 2014 but was subsequently extended to 28 February 2015.
Although the EUSR budget was reduced for those eight months of
the extended mandate, this compared with an overall budget increase
for the previous year. During our scrutiny of all of the corresponding
Council Decisions (see paragraph 18.7), we noted the Government's
overall support for Mr Lambrinidis' fulfilment of his mandate.
The Government now writes to inform the Committee that the current
document proposes to grant him a further 24 month mandate running
from 1 March 2015 to 28 February 2017. The Government also commits
to providing us with further information on the financing of the
proposed extension to the mandate. It has yet to receive the draft
budget in relation to the first 12 months of the new mandate,
but commits to arguing for it to be kept, pro-rata, at the same
reduced levels as the last eight month extension.
18.3 In line with the views we expressed in our
first Report of this session[69],
we recognise that Mr Lambrinidis appears to have been an effective
promoter of UK human rights priorities in his role as EUSR. We
therefore consider it important for the Government to be able
to support his retention in that role before his current mandate
expires on 28 February. We also recognise the benefits of his
continuity of service during the ongoing transition to the new
EU High Representative for Foreign Affairs.
18.4 However, given the potential for duplication
with the work of the Council of Europe and the continued need
for budgetary restraint, we strongly agree with the Government
that the budget for this proposed extension to the mandate should
not, on a pro-rata basis, exceed the reduced levels applied in
the budget for the last (and current) eight month extension. We
note that the Minister has committed to keeping us informed of
developments on this issue.
18.5 On that basis, we now clear this document
from scrutiny.
Full details of
the documents: Draft
Council Decision extending the mandate of the EU Special Representative
for Human Rights: (36628), —.
Background and previous scrutiny
18.6 When the office of the EUSR for human rights
was first proposed in 2012, there were ten existing EUSRs in different
countries and regions of the world, promoting the EU's policies
and interests in those areas. The EUSR for human rights represented
the first thematic appointment.
18.7 We reported on Council Decision 2012/440/CFSP
which originally established the EUSR mandate in June 2013 and
a detailed account of the scope, content and background of the
mandate is set out in that Report.[70]
That Council Decision was also debated on the floor of the House
in July 2012 together with the proposed Action Plan on Human Rights
and Democracy.[71] In
June 2013 we reported on the subsequent Council Decision to amend
(and increase) the budget of the EUSR's office for the remaining
year of his original mandate[72]
and in June 2014 on the Council Decision to extend the EUSR's
mandate until 28 February 2015[73]
(with a reduced budget for those eight additional months).
The Government's view
18.8 The Minister for Europe (Mr David Lidington)
in his Explanatory Memorandum of 30 January 2015 provides his
assessment of Mr Lambrinidis' continued performance as EUSR for
human rights:
"Lambrinidis has continued to perform well
as EUSR since the extension of his mandate in 2014 and we would
like to see him continue in this role for another 24 months."
18.9 The Minister says that the Government's continued
support of Mr Lambrinidis lies in his extensive engagement with
"countries that face serious human rights challenges and
countries that have an important role in international and multilateral
human rights fora". The Minister then sets out the following
examples of the EUSR's engagement, including his:
· discussion
of human rights developments in Burma with the Presidential Office
Minister U Soe Thane in January;
· taking
part in EU bilateral dialogue on human rights with China in December
and with South Africa in November; and
· visiting
Egypt and Pakistan in October.
18.10 The Minister expands on the example of Egypt
and Pakistan as follows:
"In Egypt, Lambrinidis was received by several
key Ministers and institutions with responsibility for human rights
issues. This enabled the EUSR to put across useful messages at
high level on issues including the importance of safeguarding
civil society space, freedom of assembly and association, prison
conditions, procedures to investigate torture allegations and
pre-trial detentions.
"In Pakistan, the EUSR was received at high
level by Ministers, parliamentarians and civil society organisations
with responsibility for human rights issues. This enabled him
to have in-depth discussions on a range of important issues, including
the implementation of domestic laws to address major human rights
challenges such as freedom of religion or belief, application
and misuse of the blasphemy laws, access to justice, women's and
children's rights, freedom of expression, labour standards and
the death penalty."
18.11 Mr Lambrinidis' active representation of EU
policies in multilateral and international fora, on key themes
for the UK such as "the death penalty, freedom of religion
or belief, freedom of expression online and offline, business
and human rights and women's rights" is highlighted by the
Minister. In 2014, Mr Lambrinidis supported:
"the UK-hosted Global Summit to End Sexual
Violence in Conflict and the Girl Summit, as well as representing
the EU at United Nations (UN) events including the 3rd UN Forum
on Business and Human Rights, the first World Conference on Indigenous
Peoples and the 58th session of the Commission on the Status of
Women. He also lent his support to initiatives to stop torture
on the occasion of the 30th anniversary of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment."
18.12 The Minister notes that the EUSR has also continued
to coordinate his work with Member States through exchanges with
"the EU Human Rights Working Group and implementation reports
to the Political and Security Committee". The Government
welcomes "his emphasis on meeting and engaging with civil
society, human rights defenders and representatives of national
human rights institutions". Mr Lambrinidis has also contributed
to EU policy, including the EU human rights guidelines.
18.13 Summing up, the Minister says:
"At a time when human rights, fundamental
freedoms and democracy are under such pressure in many countries,
I believe that renewal of the EUSR's mandate is a desirable signal
of the EU's commitment to the promotion of human rights through
its external policy and represents good value for the UK. Having
a senior representative dedicated to human rights strengthens
the EU's capacity to bring the collective influence of the Member
States to bear on multiple third countries, through in-depth exchanges
at senior level."
BUDGET FOR THE NEW MANDATE
18.14 The Minister explains that although the draft
mandate proposes financing from 1 March 2015 to 28 February 2016,
it does not specify the amount. Although the Government has yet
to receive the draft Budget, the Minister commits to:
· examining
it in detail on receipt and forwarding it to us;
· arguing
for budgetary provision to be restricted to the level of the last
eight month extension (extrapolated to cover the period until
28 February 2016); and
· updating
us should the proposed mandate or financing arrangements change
during negotiations.
18.15 He notes that funding from 28 February 2016
to 28 February 2017 will be subject to a further Council Decision.
TIMING
18.16 The Minister tells us that the EEAS will seek
to adopt the proposed Council Decision before the expiry of the
current EUSR mandate (28 February) in order to ensure Mr Lambrinidis'
continuity of service.
Previous Committee Reports
None, but see (36035),—: First Report HC 219-i
(2014-15), chapter 29 (4 June 2014); (35044), —: Seventh
Report HC 83-vii (2013-14), chapter 13 (26 June 2013); and (33955),
—: Fifth Report HC 86-v (2012-13), chapter 2 (20 June 2012).
69 (36035),-: First Report HC 219-i (2014-15), chapter 29
(4 June 2014). Back
70
(33955),-: Fifth Report HC 86-v (2012-13), chapter 2 (20 June
2012). Draft Council Decision appointing the EU Special Representative
for Human Rights. Back
71
HC Deb, 12 July 2012. Back
72
(35044), -: Seventh Report HC 83-vii (2013-14), chapter 13 (26
June 2013). Back
73
(36035), -: First Report HC 219-i (2014-15), chapter 29 (4 June
2014). Back
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