# EUR-Lex - 52011DC0886 - EN

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# 52011DC0886

**JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL HUMAN RIGHTS AND DEMOCRACY AT THE HEARTOF EU EXTERNAL ACTION –TOWARDS A MORE EFFECTIVE APPROACH /* COM/2011/0886 final */**

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TABLE OF CONTENTS

The context: the EU as a global force for
human rights.................................................................... 5

The challenges.............................................................................................................................. 6

The EU response.......................................................................................................................... 6

A........... Overhauling delivery:
effective action, made to measure......................................... 7

Maximising impact on the ground through
tailor-made approaches.................................................. 7

Delivering results on cross-cutting themes
through a campaign-based approach.............................. 8

A new approach with neighbours and beyond................................................................................ 9

Working in partnership with civil society........................................................................................ 9

B........... A joined up approach to
policy.................................................................................. 10

Democracy and elections............................................................................................................ 10

Development cooperation........................................................................................................... 11

Human rights clauses................................................................................................................... 11

Trade policy............................................................................................................................... 11

Information and communications technology................................................................................ 12

Business and human rights........................................................................................................... 12

Conflict prevention...................................................................................................................... 13

Crisis management...................................................................................................................... 13

Counter-terrorism....................................................................................................................... 13

Freedom, security and justice...................................................................................................... 14

360 degree policy coherence....................................................................................................... 14

C........... Building strong partnerships..................................................................................... 15

Multilateral cooperation............................................................................................................... 15

International justice..................................................................................................................... 15

Regional organisations................................................................................................................. 16

Impact through dialogue.............................................................................................................. 16

Responding to serious violations.................................................................................................. 16

D.......... Harnessing Europe’s collective
weight..................................................................... 17

European Parliament................................................................................................................... 17

Member States........................................................................................................................... 17

A standing capability on human rights and
democracy in the Council of the EU............................. 17

Building a culture of human rights and
democracy......................................................................... 17

A rethink of EU communications................................................................................................. 18

Next steps.................................................................................................................................. 19

JOINT COMMUNICATION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL

HUMAN RIGHTS AND DEMOCRACY AT THE HEART
OF EU EXTERNAL ACTION –
TOWARDS A MORE EFFECTIVE APPROACH

All human rights – civil, political,
economic, social and cultural – are universal in nature, valid for everyone,
everywhere. Respect for human rights and fundamental freedoms is at the core of
the European Union. The protection and promotion of human rights is a silver
thread running through all EU action both at home and abroad. On human rights
and democracy, the EU must be principled when it comes to the norms and values
it seeks to uphold, creative in the ways it does so, and absolutely determined
to achieve concrete results.

The objective of this Communication is to open
a discussion with the other European institutions on how to make the EU’s external
policy on human rights and democracy more active, more coherent and more
effective. With a view to producing a step change in the EU’s effectiveness, it
sets out a vision of how the EU will broaden, deepen and streamline its action on
the international scene to make a real difference to people’s lives.

It proposes action in four areas – delivery
mechanisms, integrating policies, building partnerships, and speaking with one
voice. It seeks the views of the Council and the European Parliament on how opportunities
can be exploited and challenges can be addressed. It provides an orientation
around which to gather views and evidence, including from other interested
parties, so as to strengthen the EU’s external human rights strategy.

"The Union’s action on the
international scene shall be guided by the principles

which have inspired its own creation,
development and enlargement,

and which it seeks to advance in the
wider world:

democracy, the rule of law, the
universality and indivisibility of human rights

and fundamental freedoms, respect for
human dignity,

the principles of equality and
solidarity, and

respect for the principles of the United Nations Charter and
international law."

Treaty
on European Union, Article 21

The context:
the EU as a global force for human rights

Ten years have passed since the Commission
Communication of 8 May 2001 on "The European Union’s role in
promoting human rights and democratisation in third countries". Since
then there have been seismic changes in the world, from 9/11 to the Arab
Spring. The events of 2011 in the Middle East and North Africa show the central
importance of human rights and democracy. It is important now to renew the EU’s
efforts to frame an effective response to the challenges that human rights and
democracy face worldwide.

The EU has developed in its external action
a broad range of policy instruments and guidelines to put its commitment to
human rights and democracy into practice, working together with EU Member
States and the European Parliament, as well as civil society. Several
Guidelines adopted by Council (as well as toolkits and similar instruments)
guide EU action on key human rights concerns such as the death penalty, the
fight against torture, the protection of Human Rights Defenders, freedom of
religion or belief, child rights, the rights of women, or sexual orientation.
An Agenda for Action has created a new basis for the EU’s response on
democracy support.

On this basis, the EU has been raising
human rights questions and the situation of individuals under threat with other
countries: in a growing number of human rights dialogues and consultations, at
political meetings, in diplomatic démarches and publicly. The EU has been
offering its advice and support in strengthening democratic institutions and
human rights, and has taken action to impose restrictive measures because of
serious human rights violations. Close engagement with and support to civil
society is a key feature of EU action.

The EU has also been at the forefront in
building strong standards and mechanisms for the promotion and protection of
human rights at the United Nations, the Council of Europe and the OSCE. The EU
has been working with other organisations and stakeholders to ensure that the
UN addresses serious human rights violations in specific countries, and to take
up key human rights concerns.

The EU has itself put human rights at the
core of its enlargement policy, which is governed by the Copenhagen criteria.

The Universal Declaration of Human Rights sets
international standards for all UN Member States. Every UN Member State is a
party to at least one of the six major human rights treaties that the Universal
Declaration has inspired, with 80% of states having ratified four or more. And
ratification continues at a steady pace. In the area of human labour rights,
the eight Core Labour Conventions of the ILO have achieved a high ratification
rate worldwide including full ratification by all EU Member States. A global
legal framework therefore exists: the real challenge lies in ensuring its
implementation.

The EU promotes human rights inside and
outside its borders on the basis that human rights are indispensable both for
individual dignity and social justice and for the promotion of international
peace, prosperity and stability.

The challenges

In recent years, several challenges have
emerged. First, the legitimacy of international human rights and democracy norms
and standards has been called into question, sometimes by emerging powers with which
the EU seeks cooperation. At the UN, some States have contested
well-established human rights norms, suggesting – wrongly – that human rights
violations can be justified by cultural differences. Laws on blasphemy have
been used to limit freedom of expression. The current economic crisis, has resulted
in a further shift in global economics which in turn has led some to question
the universal nature and utility of human rights. When the EU promotes human
rights, in areas such as death penalty abolition or sexual orientation, it
often runs into objections.

Even where international standards are
generally accepted, implementation at the national level often remains slow.
Women and girls still face discrimination and violence. Discrimination on
grounds of sexual orientation and gender identity is widespread. The last
decade has not seen enough progress in the eradication of torture and inhuman
treatment, or on protecting and promoting child rights. The EU was instrumental
in bringing about the United Nations Convention on the rights of persons with
disabilities, and has acceded to it as a full party – but considerable
challenges remain to ensure its full implementation.

There is also the perception that the EU’s
statements on human rights and democracy are not always fully matched by its
external or internal policies. In the context of the Arab Spring there has been
a debate whether previously the EU had done enough to support civil society and
to promote change rather than stability. At the same time, the EU’s internal
human rights record has come under increasing scrutiny.

Finally, globalisation is presenting new
challenges for the promotion of human rights. New actors have emerged under the
ever increasing internationalisation and interdependency of economies, with complex
implications for human rights. While human rights obligations have traditionally
concerned States, human rights abuses today come from a wider range of sources
ranging from indigenous people having their land taken from them, to the export
of new technologies used for censorship and surveillance. While in many
countries globalisation has contributed to improving the situation of a large
number of people, by lifting them out of poverty and opening societies, in others
globalisation is blamed for widening inequalities and aggravating
discrimination and exploitation.

The EU response

The EU has not always been as effective or
as joined-up as it might have been. The task in hand is to ensure the clarity,
coherence, and effectiveness of policy, by being smarter and more strategic.
The promise of the Lisbon Treaty to put human rights, democracy and the rule of
law at the centre of all external action and to ensure consistency between the
different areas of its external action and the implementation of the principles
of the EU’s foreign policy make this even more pressing.

The following sets out key elements of a
strategic framework – a suggested vision and actions to which the European
institutions can contribute their experience and views.

The EU’s objective should remain to prevent
violations of human rights and, where they occur, to ensure that victims have
access to justice and redress and those responsible are held to account.

In doing so, the EU should reaffirm its
commitment to the universality, indivisibility and interdependence of all human
rights – civil, political, economic, social and cultural. Respect for human
rights is laid down in the Universal Declaration of Human Rights, the UN
Charter and international human rights treaties.

Democracy is a universal value based on the
freely expressed will of people to determine their own political systems. Human
rights and democracy go hand in hand with the empowering freedoms – freedom of
expression, association and assembly – which underpin democracy. Developments
such as the Arab Spring demonstrate once more that liberty cannot be suppressed.

The EU considers that respect for the rule
of law, including access to justice and the right to a fair trial, is essential
for the protection of human rights and democratic principles.

The EU should commit itself to promoting
and protecting freedom, dignity, equality and justice for all as a key foreign
policy priority. Human rights and democracy must run as a “silver thread”
throughout EU external policies. The promotion of these goals is important for
other objectives, such as security, development, economic participation and
social inclusion. Human rights and democracy should be taken into account in
foreign policy decision making at every stage.

EU external action has to comply with the
rights contained in the EU Charter of Fundamental Rights which became binding
EU law under the Lisbon Treaty, as well as with the rights guaranteed by the European
Convention on Human Rights.

To promote these principles, the EU needs
to revisit its delivery mechanisms, processes and structures. Action is needed
in a number of areas, including:

–
On external delivery mechanisms – would not
a bottom-up, tailored, country-based approach, coupled with cross-cutting
worldwide campaigns on specific themes achieve better the human rights and
democracy objectives?

–
On process – how can the EU become more
joined up across the whole range of its policies and Institutions, and externally
when working with international partners, NGOs, regional groupings and
international organisations?

–
On internal structures – should we place
priority on the completion of a network of human rights and democracy focal
points across EU Delegations worldwide, and a standing capability in the
Council on external human rights and democracy issues?

A.           Overhauling
delivery: effective action, made to measure

Maximising
impact on the ground through tailor-made approaches

Traditionally the EU has adopted a top-down
approach to its human rights strategy, agreeing worldwide priorities in
Brussels and then seeking to apply these through political dialogues and
meetings with third countries. But even if the principles and objectives are
universal, the immediate priorities, and therefore the route and timetables,
can and must vary from country to country.

Thus, while the overall objectives of the
EU’s human rights and democracy policy remain valid and unaltered, an approach
that seeks to match objectives in a country with the realities on the ground is
more likely to deliver concrete results than a one size fits all approach.
Tailor made country strategies covering human rights and democracy should
therefore be an integral part of the EU’s overall strategy towards that
country. This will help to prioritise and rationalise work, especially of EU
Delegations and Member State Embassies, whilst better drawing on the relevant
mix of EU tools and instruments and working in the areas most likely to deliver
lasting improvements and change. That is not to say that the EU should, not for
example, condemn the use of the death penalty in a country that continues to
apply it, rather that this should not be the sole focus of EU human rights work
when other areas might deliver change.

The EU is currently developing human rights
strategies for over 150 countries (and ultimately all countries should be
covered). These should help the EU to tailor its approach and to have a stronger
positive impact on the ground. The country strategies aim to bring together the
resources of EU Delegations and the diplomatic missions of EU Member States in
the field. They establish country-specific priorities and objectives, which can
be integrated in all relevant EU external policies such as development, trade
or security, and so fit into the EU’s overall political and economic relations
with any given country. They are drafted taking into account the views of civil
society.

The EU should ensure that the human rights
country strategies are taken into account in human rights dialogues, in
policy-making and when programming and implementing financial assistance with
third countries, including in the post-2013 Country Strategy Papers.

Delivering
results on cross-cutting themes through a campaign-based approach

In addition to country based tailored
strategies the EU should identify cross cutting themes to put its collective
weight behind as time limited, targeted campaigns. Longstanding work on support
to the ICC (International Criminal Court) and abolition of the death penalty
are good examples. Such campaigns should be the subject of collective action by
all EU institutions and individual EU Member States.

The High Representative has proposed to
focus on three themes for the next three years:

–
judicial reform focusing on the right to a fair
trial;

–
rights of women – building on the EU’s
comprehensive approach to Women, Peace and Security, as well as the EU strategy
for equality between women and men;

–
rights of the child – building on the "EU
agenda for the rights of the child" and both sets of EU guidelines on
children.

EU Institutions and Member States should be
involved in drawing up specific, measurable, achievable, realistic, time-limited
objectives along with implementation plans for each campaign.

A new
approach with neighbours and beyond

The recent review of the European
Neighbourhood Policy further developed the EU’s policies in support of
democracy. The new approach is based on mutual accountability and an enhanced
commitment to the universal values of human rights, democracy and the rule of
law, including an intensified policy dialogue in this respect. It introduced
two concepts: “deep democracy”, aiming at setting a baseline of necessary
accomplishments against which progress can be assessed; and “more for more”,
rewarding countries that are willing to make real progress on the road towards
democracy by making additional funds available for cooperation. The reverse of
"more for more" should also apply. Partnerships with civil society
will be enhanced and additional financial assistance will be made available,
including through a new dedicated funding facility.

Working in
partnership with civil society

The EU needs to work closely with civil
society and to draw on its expertise and alternative channels of communication.
The longstanding dialogue among officials, NGOs, business, trades unions and
the media needs to be developed. The EU should continue to support the vibrant
civil societies which are vital to democratic states, and social partners who
are key to sustaining reforms. Even where there is little or no reasonable
prospect of engaging effectively with a government, this should not mean
lessening contacts with the people of that country. The need is then all the
greater for the EU to engage with civil society and peaceful political
opposition, supporting human rights defenders in the face of risks and threats.
The EU should continue to speak out on specific human rights situations and
violations and on democratic regress, with particular emphasis on preserving or
creating the necessary opportunities for civil society to prosper.

The EU takes a systematic approach to
consultations with international and local human rights NGOs in all aspects of
its human rights policy. Specific attention will be given to supporting
conditions in third countries that will enable civil society to operate freely.
The annual EU-NGO forum on human rights should continue to review and
contribute to EU action.

Human rights defenders are indispensable
allies for the EU in the worldwide promotion and protection of human rights and
are key interlocutors for EU Delegations and the diplomatic missions of EU
Member States in third countries. The EU should continue to support the
effective implementation of the EU Guidelines on human rights defenders,
including through awareness raising among all relevant stakeholders. The EU should
continue to address urgent protection needs of human rights defenders at
immediate risk, notably through an emergency shelter scheme at an EU level.
Political support to human rights defenders is complemented by dedicated
financial assistance from the EIDHR, taking account of the specific obstacles
faced by such people in their daily work.

The European Instrument for Democracy and
Human Rights (EIDHR), € 1.1 billion for the period 2007-2013, reflects the
EU’s commitment to promote and support democracy and human rights, by providing
support to civil society and human rights institutions worldwide. For the
forthcoming Multi-Annual Financial Framework 2014-2020, the Commission has
proposed to scale up funding to € 1.4 billion (in 2011 prices).

In the context of the Multi-Annual
Financial Framework, suggestions will be made to make the EIDHR more flexible
so that it delivers better, faster and more, and so that more organisations are
able to access funds, and a quick response is ensured to address the needs of
civil society in countries facing the most pressing and difficult situations.

B.           A
joined up approach to policy

The EU is committed to putting human rights
and democracy at the centre of its external action, as a "silver thread"
running through all that it does. The Treaty on European Union makes clear that
human rights and democracy are guiding principles for all the EU’s actions.
There is scope to be more joined up across the wide range of EU policies, so
that together they achieve their full impact.

Various EU policies with an external
dimension have clear relevance for human rights and democracy, including those
on development cooperation; trade; the area of freedom, security and justice; counter-terrorism;
crisis management; conflict prevention; and governance of the internet.

All actions developed in the framework of
these policies (including measures taken by Member States implementing them within
their respective areas of competence) must continue to be fully compatible with
the respect, protection and promotion of human rights.

Democracy
and elections

Concerning democracy support, the EU and
its Member States have a strong commitment to democracy, which is enshrined in
treaties and constitutions, and draws on strong parliamentary traditions. In
2009 the EU adopted a strategy and an Agenda for Action on democracy
support in its external action. This called for greater policy coherence and
more coordinated use of instruments, in the spirit of the Lisbon Treaty.

Elections play a vital role for a wide
range of human rights, such as freedom of expression, assembly and association.
The EU is a major actor in electoral support and helps partner countries to
implement credible, transparent and inclusive electoral processes. Moreover, its
Election Observation Mission (EOMs) are an important instrument available to
the EU. Their recommendations represent a very useful contribution to further
support human rights and democracy in a country. The EU will give greater focus
in its election observation to the participation of women and national
minorities, as well as persons with disabilities both as candidates and voters.
Ensuring synergy between election support and election observation is a very
important element of the EU’s strategy. The EU will make active use of the EOM
reports.

Elections alone cannot sustain democracy. The
EU's approach to democracy, should create synergies between direct support to
electoral process, political society (parliaments and political parties, civil
society and media) and support to other critical components of state building,
such as the rule of law, the judiciary, public administration reform and
decentralisation.

The EU is strengthening its implementation
of the Agenda for Action on democracy support, having initiated a first
round of pilot countries, by using the democracy component of the EIDHR and
seeking better coherence in the use of political and financial instruments in
its overall approach to democracy support globally. The EU’s response to recent
developments in North Africa was based on initiatives taken in the review of
the European Neighbourhood Policy, further to develop methodology on supporting
reforms that build sustainable democracy. This means applying positive and
negative incentives as appropriate, and developing benchmarks to assess
progress in human rights, democracy and the rule of law.

Development
cooperation

The human rights and development
cooperation agendas are closely interlinked. Respect for human rights is key to
the full achievement of the Millennium Development Goals (MDGs). The EU has a
longstanding commitment to ensure that respect for human rights and democratic
development is "mainstreamed" across development cooperation. This
may take the form of ensuring transparency in decision making, to allow the
full participation of women and marginalised groups, thereby avoiding
contributing to their further exclusion. Efforts should be made to ensure that
EU financed development programmes and projects contribute to the fulfilment of
partner countries’ international human rights obligations, including the
recommendations put forward by UN treaty bodies during the Universal Periodic
Review, as well as other monitoring bodies such as the ILO. Linking human
rights, democracy and development, is essential to achieve success in fields from
access to water and sanitation to food security.

The recent Communication “Increasing the
impact of EU Development Policy: an Agenda for Change” highlights the challenge
of better supporting the efforts of partner countries in implementing their
domestic and international obligations on human rights. The EU is committed to
ensuring that a country’s record concerning human rights, democracy and rule of
law has a more direct impact on the programming, modalities and channels of
aid, and on the reviewing of direct budget support.

In the evaluation of direct budget support
contracts, specific conditions may be attached to supporting deep and
sustainable democracy and human rights, in line with the Commission
Communication on “The Future approach to EU Budget Support to third countries”.

Country human rights strategies and a Human
Rights Based Approach should ensure that human rights and democracy are reflected
across the entire development cooperation process, and ensure continuity
between political and policy dialogue on human rights issues and development
cooperation.

Human
rights clauses

Since 1995 the EU has included a human rights
clause in political framework agreements with third countries. It reaffirmed
this policy in 2010. The clause is now contained in agreements with more than
120 countries and more are under negotiation. The clause provides the basis for
cooperation on human rights and for promotion of human rights in relation to
all areas covered by these agreements. The clause also forms the legal basis
for measures taken in response to violations of human rights. These measures
can include suspension of meetings and technical co-operation programmes with
the country concerned.

Trade
policy

The Common Commercial Policy is one of the
most visible manifestations of the EU’s external action. The EU’s trade and
human rights agenda needs to be coherent, transparent, predictable, feasible
and effective. The challenge is to make trade work in a way that helps rather
than hinders human rights concerns.

The EU approach to trade policy focuses on
using positive incentives, making use of trade preferences to promote human
rights, coupled with a process of dialogue about the conditions to maintain
those preferences. The EU’s trade partners are very different and the way in
which coherence with human rights objectives is ensured needs to reflect this
diversity. One embodiment of this approach is the Generalised System of
Preferences’ GSP+ scheme, which grants additional preferences to countries that
commit to embracing core universal values on human rights, labour rights,
environment and governance. The EU’s Free Trade Agreements are linked to the EU’s
political framework agreements (see previous section on "Human rights clauses");
the human rights situation in the partner country should be considered when the
EU decides whether or not to launch or conclude FTA negotiations.

The Lisbon Treaty conferred new competences
in the field of investment policy; the EU’s common investment policy should be
guided by the principles and objectives of the Union’s external action,
including on human rights.

Specific trade measures are also used to
support human rights objectives. Examples include Regulation 428/2009 on the
control of exports of dual use items, Regulation 1236/2005 concerning
trade in goods which can be used for capital punishment or torture and
Council Common Position 2008/944/CFSP on Arms Exports.

Information
and communications technology

Developments in information and communication
technologies (ICT), such as the internet, mobile telephony, and social media,
have enormous potential to promote human rights such as freedom of expression
and assembly. A global flow of information can truly empower civil society and
human rights activists. These technological developments can also, however, reinforce
authoritarian states by increasing opportunities for surveillance and censorship.
There is currently a lack of clear standards for European companies concerning
the sale of such technologies to authoritarian States, as well as for the
provision of ex post services, such as training and consulting. In
this light, the EEAS and the relevant Commission services will develop
appropriate measures to ensure that people are not subject to indiscriminate
censorship or mass surveillance when using the internet and other ICTs, and can
truly put them to their best use to promote human rights, also taking into
account privacy and personal data protection.

Business
and human rights

Corporate Social Responsibility (CSR) allows
companies to integrate social and environmental concerns in their business and
in their interaction with their stakeholders on a voluntary basis. European
businesses should be encouraged to undertake adequate due diligence to ensure
that their operations respect human rights, wherever they are performed.

Globalisation has created more
opportunities for enterprises to contribute to the fulfilment of human rights
and also created heightened risks of business involvement in human rights harm.
The EU welcomed the United Nations Guiding Principles on Business and Human
Rights, endorsed unanimously by the UN Human Rights Council in June 2011. The
European Commission published a Communication on Corporate Social Responsibility
in October 2011. It expressed the Commission’s expectation that all enterprises
should meet the corporate responsibility to respect human rights as defined in
the UN Guiding Principles. In the light of this Communication, the Commission
will, inter alia, develop human rights guidance for small and
medium-sized enterprises, invite Member States to develop their own national
plans for the implementation of the UN Guiding Principles and continue to encourage
partner countries to adhere to internationally-recognised CSR standards, such
as the OECD Guidelines for Multinational Enterprises and the ILO Tri-Partite
Declaration of principles concerning multinational enterprises and social
policy.

Conflict
prevention

Human rights violations, the lack of
fundamental freedoms, and a prevailing culture of impunity – particularly in
fragile situations – cause or exacerbate political instability and violent
conflicts.

The EU will further strengthen the focus on
the human rights situation and on the respect of fundamental freedoms in its
conflict risk analysis and in its early warning systems. The EU should also
continue and reinforce its efforts to mainstream human rights and fundamental
freedoms in its conflict prevention and peace building activities, and – where
appropriate – translate analysis and early warning into options for early
action.

Crisis
management

The EU’s crisis management missions and
operations operate in close interaction with local forces, often in a context
of conflict, and many of them come across human rights violations. Since the
first EU crisis management operation in 2003, best practices have been
identified on incorporating human rights and gender considerations in planning
and implementation. The EU will align itself with international best practice
on planning, training and deploying, following the UN’s inter-agency approach
to human rights in its Peacekeeping Operations.

The EU will strengthen the human rights,
child protection and gender elements of its conflict prevention, crisis
management and peace-building efforts, taking into account international best
practice and aiming at a democratic outcome, replacing violence with political
conflict resolution mechanisms.

The implementation of the Comprehensive
Approach to the EU Implementation of the UNSCR 1325 and 1820 on Women, Peace
and Security, and the Guidelines on violence against women and girls and
combating all forms of discrimination will be integrated in EU human rights
policy, including in the annual report.

Implementation of the Guidelines on
International Humanitarian Law will also be stepped up.

Counter-terrorism

Counter-terrorism activities must be
conducted in full compliance with fundamental rightsand international law. This
includes human rights law, international humanitarian and refugee
law, free and fair judicial proceedings as well as the
protection of personal and private data. In its human rights dialogues
with third countries, the EU already raises violations of human rights committed
under the guise of counter-terrorism activities. However, there is scope to
intensify discussion of this issue with third countries in dialogues devoted to
counter-terrorism co-operation. In these dialogues, the EU calls for non EU
countries to ratify counter-terrorism related UN conventions and protocols. Human
rights should be more firmly embedded in the planning and implementation of
counter-terrorism assistance projects with third countries.

Freedom,
security and justice

In the external dimension of the area of Freedom,
Security and Justice – including police and judicial cooperation, the fight
against drugs and organised crime, the functioning and independence of the
judiciary, border management, trafficking in human beings, mobility, asylum and
migration – the protection of fundamental rights is paramount. When developing
cooperation with third countries in these fields, it is essential to ensure
that practices fully respect human rights, including non-discrimination. For
example, if information is exchanged with the police forces of third countries,
that information cannot have been obtained by torture or inhumane treatment,
and adequate protection must be in place.

Strengthening respect for human rights and
the human rights of migrants in source, transit and destination countries is
also a central concern of the EU’s Global Approach to Migration and Mobility,
which defines the EU’s external migration policy. Special attention should be
paid to protecting and empowering vulnerable migrants, such as unaccompanied
minors, asylum-seekers, stateless persons and victims of trafficking.

The phenomenon of human trafficking is
especially relevant in this area. It is important to ensure that crime control /
security and human rights are understood as complimentary dimensions of the
same issue, and that the root causes of trafficking are also addressed. In
particular, it is crucial to protect women against gender-based forms of
violence, and to fight the feminisation of poverty. The EU will continue to
prioritise trafficking in human beings in its external action from a human
rights approach. This prioritisation will reflect on funding, training and
information exchange activities and it will go beyond the external dimension of
Freedom, Security and Justice. The EU Anti-trafficking Coordinator and the EEAS
have already established contacts to start developing a list of priority
countries and regions for future partnerships in the area of human trafficking.

In the field of border management, the EU
actively promotes the integration of the Human Rights dimension in the
development of efficient border control in third countries. In particular, it
is essential that border guards are appropriately equipped and trained to
ensure that persons in need of protection who present themselves at the border
are given access to the appropriate assistance and procedures.

360 degree policy coherence

That the EU is exemplary in respecting
fundamental rights is vital, not only for the people living within the EU but
also for the development of the Union itself. A strong track record will
strengthen the EU’s action to promote human rights around the world.

The Lisbon Treaty has made the Charter of
Fundamental Rights of the European Union a legally binding document. It has to
be respected equally by all EU institutions, bodies, offices and agencies, as
well as by Member States, when they are implementing EU law. The EU’s
obligation to respect human rights implies not only a general duty to abstain
from acts violating these rights, but also to take them into account in the
conduct of its own policies, both internal and external.

In October 2010 the Commission adopted a
Strategy for the effective implementation of the Charter of Fundamental Rights.
It explains how the Charter is to be put into practice by EU Institutions and
Member States. It has been welcomed by the European Parliament and the Council
of the EU. Each year, the Commission will publish a report on progress made. In
March 2011 the first report on the application of the Charter by EU
institutions was published.

The EU’s commitment to accede to the
European Convention on Human Rights complements the strong protection of human
rights that already exists in the Union’s legal order through the EU Charter of
Fundamental Rights and the jurisprudence of the Court of Justice of the EU.

These EU policies are relevant to Europe’s
credibility in raising human rights with other countries. When the EU raises
human rights issues with third countries, it bases itself on international
standards: these are mainly the core UN human rights treaties and core labour
standards as well as (for partners in Europe), Council of Europe and OSCE
standards. It is important that the EU and its Member States, within their
respective areas of competence, should implement these standards visibly and
effectively.

C.           Building
strong partnerships

Multilateral
cooperation

To get strong UN action, the EU needs to
build common ground with partner countries. It has invested much over recent
years in the ability of the UN Human Rights Council (HRC) in Geneva, and the
Third Committee of the UN General Assembly, to set and protect universal human
rights norms and standards, and to address serious human rights violations.
This has led to some notable successes such as rallying worldwide support for a
moratorium on the death penalty, or achieving consensus on initiatives related
to freedom of religion or belief.

Success largely depends on the capacity of
the EU to outreach and be receptive to third country partners, to engage in
cross-regional coalition, using also its bilateral relations. The EU needs to
increase its capacity to agree common positions and speak as one, using the
cumulative weight and resources of the Member States through burden sharing and
taking a more strategic approach to the setting of its priorities. Better
synergy and coordination have to be developed between Geneva, New York and
Brussels, as well as with EU action in other multilateral forums, such as the
Council of Europe and the OSCE.

The EU should work to increase its
effectiveness at the UN, building cross-regional coalitions, supporting the UN system’s
human rights mechanisms and promoting better synchronisation with its actions
at bilateral level and in other multilateral forums. The EU will develop an
annual approach to the identification of priorities at the UN across all human
rights related meetings in Geneva and New York, in consistency with the
mid-term priorities defined for its action at the UN.

International
justice

The EU is fully committed to promoting
International Justice – combating impunity and promoting a law-based
international order, preventing genocide, crimes against humanity and war
crimes, and holding the perpetrators of such crimes accountable. The EU will
continue to advocate accountability for violations of international
humanitarian law and human rights law. The EU will continue to provide
substantial support to the International Criminal Court, as well as to other
international criminal tribunals, and to campaign for universal ratification of
the Rome Statute. The EU is fully committed to supporting the universality and
integrity of the Rome Statute of the ICC and the independence of the ICC. The
EU is also committed to giving full effect to the Rome Statue by implementing
the principle of complementarity and reinforcing effective links between
national justice systems and the ICC.

The EU should develop a specific policy on transitional
justice through its external action to support societies in dealing with abuses
of the past, through mechanisms for justice, truth, reparations and
institutional reform.

Regional
organisations

The EU will strengthen its cooperation on
human rights and democracy with regional and intergovernmental organisations,
both at the political level and at the local level, between EU Delegations and
headquarters, field offices or missions of these organisations. It will use its
cooperation with the Council of Europe and the OSCE more systematically. The EU
should explore the possibilities of deepening cooperation with the AU, ASEAN,
OAS and others, building on their consolidated or emerging regional human
rights and democracy mechanisms. The EU should use its dialogues with different
regions, such as ASEM, EULAC, AU/EU and ACP, to strengthen cooperation on human
rights.

The EU should further promote human rights,
democracy and the rule of law in the Arab world and beyond, by closer
cooperation with other organisations, such as the Arab League and the OIC.

Impact
through dialogue

Human rights and democracy are an integral
part of the EU’s dialogue with other countries, up to and including Summit
level. While the EU has launched some 40 dedicated human rights dialogues and
consultations, these achieve best results when firmly embedded in the wider
fabric of the EU’s relations with a given country.

Learning from experience, the EU should take
a number of steps to make these dialogues more effective.

–
Ensure a closer link of the human rights
dialogues with other policy instruments;

–
Establish priorities, objectives and benchmarks
for the dialogues to allow their review in conjunction with the human rights
country strategies;

–
Generalise best practices across the various
formats of human rights dialogues, including local dialogues with ACP countries
under the Cotonou Convention (Art. 8).

–
Explore possibilities for reinforcing dialogue
and cooperation with the EU’s Strategic Partners.

Responding
to serious violations

In some cases, the EU takes measures (for
example asset freezes, arms embargoes or visa bans) in reaction to serious
human rights abuses in third countries. These are invariably the subject of
careful consideration in accordance with the EU’s 2004 "basic principles
on the use of restrictive measures" and the EU Charter of Fundamental
Rights.

Restrictive measures are regularly reviewed
by the Council of the EU. It is important that they contribute to the stated
objective, that they are targeted, that they do not have an adverse impact on
the civilian populations and that they comply with requirements on clear and
fair procedures, including the right to an effective remedy.

D.          harnessing
Europe’s collective weight

To deliver on the approach set out in
previous sections, the EU needs to strengthen the way that it deals with human rights
and democracy in its external action.

European
Parliament

The European Parliament has made human
rights and democracy one of its highest priorities. By making its voice heard
systematically as well as urgently on the key questions of the day, the Parliament
has taken up a leading role in promoting human rights in all the EU does. Its
work with other parliaments (through its parliamentary cooperation committees
and delegations to regional parliamentary assemblies) is especially valuable in
reinforcing the EU’s signals. The European Parliament could usefully step up
efforts to spread its vital human rights message beyond the Human Rights
Sub-Committee to its delegations to third countries.

Member
States

For the EU to be more effective and
credible in promoting and protecting human rights and democracy, the collective
weight of EU institutions and EU Member States must be mobilised. Member States
must continue to have strong ownership and responsibility for the EU human
rights and democracy policy both at the multilateral level and in bilateral
relations with third countries. This requires the formulation of strong common
positions on human rights which guide both EU institutions and EU Member States
in order to speak as one. This can be facilitated by regular discussions on
human rights questions also at the political level. In addition, Member States
have an important role to play in contributing to the implementation of the EU
human rights and democracy policy through burden sharing and division of
labour.

A standing
capability on human rights and democracy in the Council of the EU

The Council Working Group on Human Rights
(COHOM) has a key role in steering the EU human rights policy and in advising
the PSC and the Council. Currently, COHOM is staffed from capitals and meets
only once a month and can no longer fully respond to the increased workload and
demands. Effective implementation of EU external human rights policy would requires
more frequent meetings of COHOM and also a standing capability and expertise on
human rights and democracy among the Permanent Representations in Brussels of
EU Member States. A Brussels formation of COHOM would ensure closer integration
with the work of the Council, COREPER and PSC other thematic or geographic
Working Groups. It would also allow monthly meetings of Human Rights Directors
to concentrate on the strategic aspects of the EU policy on human rights and
democracy, while the Brussels formation would address ongoing issues.

Building a
culture of human rights and democracy

A Directorate on Human Rights and Democracy
has been created within the EEAS. As a general principle, it is understood that
human rights are not only the responsibility of experts, but that they are key
to the work of everyone. To this end there is now a human rights focal point in
all EU Delegations worldwide – this system should be formed into a network for
the delivery of cross-cutting campaigns. A similar network of focal points is
in the process of being created in the EEAS and in the Commission services.

Training on human rights and democracy is
provided to all Heads of Delegation and to EEAS and Commission staff.

A network of focal points on human rights
and democracy will be completed, using latest available technologies for the
sharing of information and best practice.

A rethink
of EU communications

Throughout the world, social media networks
provide a platform for human rights defenders to provide support and
information to one another, and to reach their supporters around the world.
They also allow them to document and relay their personal experiences, often
circumventing State-controlled media. Video- and message-sharing services can
make it more difficult for brutal regimes to hide human rights repression and
the subversion of democracy. At the same time, these services can be used for
more accurate monitoring and profiling of citizens. This connectivity – and the
community of people newly created through social media networks – can also be
used to bring together policy makers and people for political discussions. For
example, by using a live webcast, people from around the world can discuss
human rights issues with leading political figures from the EU and its
international partners. This breaks down traditional barriers of hierarchy and
access to political influence. If people want to have a say in the discussion,
all they now need is internet access.

Engagement with different groups in society
through digital diplomacy is a key way to promote EU values, and the EU’s work
around the world. There have been significant developments in the EU’s digital
diplomacy through its use of social media, although more needs to be done to
develop these new techniques, and tap into the potential of its Delegations
around the world.

The EU could mobilise key Delegations to
use social media for digital diplomacy using existing communication resources.
The EU will give practical support to those using social media to enhance civic
engagement on the ground.

Next steps

The European Union has both the will and
the means to be a leader when it comes to protecting human rights and
supporting democracy worldwide.

This Communication is designed as a
contribution to the ongoing discussion within the EU institutions on a more
effective and comprehensive approach to human rights and democracy. It seeks
views on a number of possible actions and options. The next step should be to
refine these ideas through inter-institutional discussions into an agreed EU
approach.

In order to track progress in achieving the
objectives set out in this Communication, the EU will present its performance
in its annual report on human rights and democracy in the world. This should
give an opportunity to all stakeholders in EU policy, including civil society,
to assess the impact of EU action and contribute to defining future priorities.

The Council and the Parliament are invited
to review this performance regularly, and to review the EU’s strategic
objectives after five years.