COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.07.1995 
COM(95)191 final 
REPORT ON THE IMPLEMENTATION 
OF MEASURES INTENDED TO PROMOTE OBSERVANCE OF 
HUMAN RIGHTS AND DEMOCRATIC PRINCIPLES 
(TOR 1994) 

REPŒn-ONTHEIMPIJWIENTATTON 
OF MEASURES INTENDED TO PROMOTE OBSERVANCE OF 
HUMAN RIGHTS AND DEMOCRATIC PRINCIPLES 
(TOR1994) 
INTRŒ)UCTIC8\ 
This report on the use of the European Community's financial resources in the defence 
of human rights and the promotion of democracy was drawn up by the permanent inter­
departmental Human Rights Coordinators Group. It is in response to an interest expressed 
by the European Parliament concerning the coordination and effectiveness of actions in 
favour of human rights and democratic principles. 
The general layout has remained unchanged since the last report so as to make it easier 
to read and bring out the changes. Areas where there have been no changes since the 
92/93 report1 are given only brief coverage whilst new areas are discussed in detail. 
Descriptions of the principles and commitments underlying the European Community's 
and Union's activities in the human rights arena have been gathered together in Annex 1 
whereas the budget headings of the Chapter entitled European Initiative for Democracy 
and the Protection of Human Rights, the thematic and geographical priorities governing 
implementation of these headings and the various factors governing financing decisions 
are discussed in the section immediately below. Apart from the relevant financial 
instruments, all the instruments relating to the defence of human rights are described 
briefly in Annex 2. 
Section A PRINCIPLES AND COMMITMENTS UNDERLYING COMMUNITY 
ACTION 
Community action to defend and promote respect for human rights is taken in accordance 
with the United Nations Charier and the universal principles and priorities adopted by the 
international community at various world conferences. In identifying its thematic and 
geographical priorities, the Union also takes into account the achievements of other 
international and regional bodies, the objectives of the European Council, the European 
Parliament and other European Community institutions and of specific needs more 
directly arising out. of the situation in its partner countries. The international and regional 
aspects of these activities, and the themes accepted as having priority in the use of the 
Report on the use of financial resources for the protection of human rights and 
support for the democratic process (for the years 1992-1993), 26/11/93, Doc. 
FR/CM/242/242847.GH, PE 207.805. 
Rue de la Loi 200, B-1049 Brussels 
Tel: (switchboard) 299 11 11, Telex: COMEU B 21877 
2 
1994 financial instruments, are enlarged upon in a section attached to this report (Annex 
1). 
Section B INSTRUMENTS FOR USE IN PROMOTING HUMAN RIGHTS 
To fulfil its obligations and commitments with regard to human rights and supporting the 
democratic process, the European Community has a wide range of instruments at its 
disposal, including clauses in agreements with various countries and funds with which to 
support measures intended to promote observance of human rights and democratic 
principles in those countries. The Community approach is that international cooperation 
should be mainly in the form of incentives to promote democracy and observance of 
human rights and that sanctions, applied through appropriate international authorities, 
should not be considered until all other avenues have been tried. 
The use of the various instruments illustrates the role the European Community plays in 
its relations with partner countries. The instruments are described briefly in Annex 2. 
Section C BUDGET HEADINGS AND OTHER FINANCIAL RESOURCES 
AVAILABLE TO THE COMMUNITY IN THE DEFENCE OF 
HUMAN RIGHTS 
Budget appropriations are one of the sources from which the Community incentives 
referred to above can be financed and they represent a valuable instrument whose use is 
governed by the principles of transparency, complementarity and cohesion. 
Because there was an increase in 1994 in the budget resources for promoting observance 
of human rights and democratic principles, it will not be possible, in this second report, 
to go through all the budget headings available for funding the Community's objectives. 
Only a few major examples of what are known as additional resources will be discussed 
below. 
Some of the flmds earmarked specifically for promoting the observance and defence of 
human rights went to initiatives of an innovative and incentive nature, the thinking being 
that, if the results were positive, the initiatives could be expanded subsequently under the 
technical assistance arrangements and given a bigger budget. Examples are some of the 
activities funded out of Articles B7-522 and B7-523. 
The European Community's budget resources subdivide into the following categories: 
Resources earmarked under budget headings. In 1994 for the first time these were 
gathered together in a single Chapter headed European Initiative for Democracy and the 
Protection of Human Rights. This change was made at Parliament's request and meets 
a general wish to ensure that the funding of Community support for measures to promote 
observance of human rights and democratic processes is consistent and transparent. It 
also reflects the new responsibilities arising out of the Treaty on European Union and 
certain structural changes in the various Community institutions. The total of 
ECU 59.1 million allocated to this Chapter in 1994 (compared with ECU 45.1 million in 
1993) confirms the trend towards a constant increase in budget funding for the defence 
of human rights and democratic principles. The budget headings in question are 
earmarked specifically for this purpose, particular emphasis being placed on consolidating 
civil and political rights, and are accordingly given prominence in this report. 
Additional resources. These are taken from the appropriations for financial and 
technical assistance and cooperation, and from other instruments which may be used to 
implement measures considered important but not given a specific budget heading to 
themselves, and are used mainly to promote observance of economic, social and cultural 
rights. 
With the additional resources it is possible to promote respect for of all the rights -civil, 
political, economic, social and cultural - and thereby uphold the principle of the 
indivisibility of human rights. 
For instance, these resources provide funds for measures intended to benefit particularly 
vulnerable social groups, such as: 
. children, e.g. the funding of projects for street children in Brazil, Guatemala, Peru and 
Romania; 
. women, e.g. certain projects funded under the Community's third medium-term action 
programme to achieve equality between men and women (Item B3-4012), the setting-
up of cooperatives and other job creation schemes launched by women (B3-4010, ILE 
programme), and the New Opportunities for Women (NOW) project (A-2380, A-l 178, 
B3-4012); 
. indigenous peoples, e.g. through Council Regulation (EEC) No 443/92 of 
25 February 1992 on financial and technical assistance to, and economic cooperation 
with, the developing countries in Asia and Latin America under which the Commission 
finances numerous measures to benefit indigenous people by training their 
representatives, promoting observance of their rights and supporting their efforts to 
organize themselves. Such measures also imply improving the living conditions of 
indigenous people, this being one of the aims of the measures to conserve tropical 
forests and protect environmental resources. 
The additional resources also allow the financing of measures that are particularly 
ambitious both in their aims and in the funding involved. For instance, they were used 
to finance the first three joint actions authorized after the entry into force of the Treaty 
on European Union. These provided assistance in connection with the elections in 
Russia, South Africa and the former Occupied Territories and were largely financed from 
development cooperation funds. 
Another important example of using funds set aside for aid and cooperation to defend 
human rights was the sending of human rights observers to Rwanda, an operation directed 
by the Commission on the basis of a common position adopted in the Council on 
4 October 1994. 
The above measures are not just examples of the use of the additional resources; they 
also illustrate the European Union's commitment to human rights since it is actively 
involved, mounting real action which has a real effect. 
L Budget headings specifically for promoting observance of human rights and democratic 
principles: Chapter B7-52, European Initiative for Democracy and the Protection of 
Human Rights 
The following section sets out the priorities governing the allocation by Commission 
departments of funds from eight of the nine Articles in Chapter B7-52 of the budget for 
the financial year 1994.2 Article B7-525, European Forum for Migrants (administered 
by DG V), is not included in this report. The figures concerned have been marshalled 
in the form of tables reproduced in Annex 3. 
1. B7-5200 Phare programme for democracy (former Item B7-5060) allocated 
ECU 10 000 000 for 1994 
B7-5210 Taàs programme for democracy, allocated ECU 10 000 000 for 1994 
.B7-5200: The Phare programme for democracy supports the development of democracy 
and of the rule of law and the development of civil society in the countries of central and 
eastern Europe (Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Li thuania, 
Poland, Romania, Slovak Republic, Slovenia). 
.B 7-5210: This appropriation is intended to cover the implementation of a programme 
to support democracy and the rule of law and to develop civil society in the Independent 
States of the former Soviet Union (Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan). 
It comes from the Tacis programme. ECU 100 000 is intended for the Sakharov Human 
Rights Foundation. 
use: 
General 
.The budget Items mainly used to fund the Phare and Tacis Democracy Programme are 
B7-5200 and B7-5210. Their purpose is to help strengthen democracy and the rule of 
law and enable civil society to establish itself in the countries of central and 
eastern Europe, the Newly Independent States and Mongolia. The Democracy Programme 
is implemented mainly by partnerships between non-governmental organizations (NGOs). 
The Programme is a European Parliament initiative intended to supplement the Phare 
technical assistance programmes (in central and eastern European countries) and Tacis 
(in the Newly Independent States and Mongolia), which the Commission is implementing. 
Part of the technical assistance appropriations for Phare and Tacis was set aside for 
strengthening civil society (five national programmes for the development of civil 
society). 
Instruments and eligibility 
The Programme provides cofinancing for projects whose aim is to ensure that 
government, parliamentary and administrative authorities, and all the different groupings 
within civil society (professional associations, other groupings, the media) adhere to 
democratic procedures. 
Projects have to be executed by partnerships each of which comprises at least one 
European Union non-governmental organization and one from the benefiting Phare or 
Tacis countries. However, where the aim of the project is to improve parliamentary 
techniques and practices, the Phare or Tacis partners of European Union NGOs may be 
informal groupings of politicians from different parties. 
2 In what follows, sections in italics are quotations from the budget. 
5 
To qualify for cofmancing, projects must have one of the following aims: 
1. to enable politicians drawn from different parties (members of parliament, elected 
representatives in local and regional government), and parliamentary civil servants 
to acquire and put into practice knowledge of parliamentary procedures and 
techniques; 
2. to strengthen NGOs and other associations whose aims and activities make a lasting 
contribution towards promoting and consolidating a pluralist democratic society; 
3. to transfer specialist skills and knowhow relating to democratic practices and the 
rule of law to professional associations and other groupings in the countries 
concerned. 
Projects also have to fit in with one of the following areas of activity: 
(a) parliamentary practice and organization: i.e. activities which guarantee the equitable 
treatment of opposition parties, transparency of parliamentary operations, fair 
electoral laws and the independence of elected representatives; 
(b) transparency of the administration and of public sector management: i.e. of local 
government practice, the development of territorial associations, local democracy, 
citizen involvement and anti-corruption activities; 
(c) the development of NGOs and other representative structures: e.g. democratic 
practice in grass-roots organizations such as groups monitoring the infringement of 
human rights, citizens' groups, political parties, trade unions, employers' 
organizations, consumer associations and chambers of commerce; 
(d) ensuring the independence, pluralism and responsibility of the media: (by providing 
ethical and vocational training for journalists, drawing up laws to govern the press 
and monitoring the freedom of the press - but not by providing funds for setting up 
new media; 
(e) raising public awareness, and education: by creating a climate of confidence, 
preventing, mediating in and resolving conflicts, providing courses in civics, 
promoting mutual tolerance and respect in multicultural societies through the 
teaching of history and social sciences and by giving courses on other cultures; 
(f) promoting observance of, and defending, human rights: which involves civil 
liberties, the judicial system, the police, the prison system and the protection of 
privacy; 
(g) public surveillance of the security forces, i.e. of the armed forces, internal security, 
police and special forces; 
(h) minority rights, equal opportunities and non-discriminatory practices regarding 
access to education and the media, equality of opportunity for women and men and 
the full and equitable participation of all citizens in the running of society. 
Appropriations and commitments since the Programme began 
Phare Democracy 
* 1992 
The Democracy Programme was launched as a pilot programme under Phare only. 
Following calls for proposals, 345 applications were received and 52 projects were 
selected. 
1992 allocation: ECU 5 000 000 
*1993 
Most of the 1993 appropriations went to projects accounting for between ECU 10 000 
and 200 000, the so-called macro-projects. The appropriations were awarded following 
calls for proposals published in January 1994 inviting non-governmental organizations to 
apply. The actual contracts were then signed, beginning in April 1994. There were 394 
applications and 125 projects were selected (Phare and Tacis). 
Part of the appropriations were used to finance projects accounting for between ECU 3 
000 and 10 000 each, the so-called micro-projects. These were carried out by 
organizations based in countries benefiting from Phare, were not subject to the 
requirement of partnership and were selected by a simpler procedure. They were 
managed locally by European Union Delegations or by local foundations. All the 
appropriations were committed. 
Since 1993 the Programme has been managed under specialist technical assistance 
arrangements by the European Foundation for Human Rights, which the Commission 
recruited for the purpose. 
Appropriations for 1993 (Budget Article B7-600) 
Allocation: 
Total: ECU 10 000 000 
(ECU 9 000 000 thereof from funds set aside for cofmancing) of which: 
ECU 8 000 000 for macro-projects 
ECU 1 000 000 for micro-projects 
ECU 1 000 000 for administration 
Commitments 
ECU 8 569 795 for project cofmancing 
ECU 1 000 000 for administration 
* 1994 
In the 1994 budget, the appropriations were divided between macro-projects, micro-
projects and ad hoc projects. 
The macro-project appropriations were allocated on the basis of responses to calls for 
proposals published in July 1994. There were 573 applications and, by the date of this 
report, the Commission had adopted 74 projects and was negotiating the coresponding 
contracts. Further projects were still being examined. 
There were no results yet for the tendering procedure for micro-projects. 
Under the new "ad hoc" procedure (used for financing projects involving an average 
ECU 250 000, and selected by the Commission in accordance with priorities defined by 
the European Union) six projects had been adopted and work was due to start as soon as 
the contracts were signed in January 1995. 
It was expected that this year, too, all the appropriations would be committed. 
Appropriations for 1994 (Budget Item B7-5200) 
Allocation: 
Total: ECU 10 000 000, in two instalments of ECU 5 000 000 each 
[ECU 9 000 000 thereof from funds set aside for cofmancing (1st instalment: ECU 3 000 
000)], 
of which: 
. ECU 6 000 000 for macro-projects (1st instalment: ECU 3 000 000) 
. ECU 1 500 000 for micro-projects (ls,t instalment ECU 750 000) 
. ECU 1 500 000 for ad hoc projects (1st instalment: ECU 500 000) 
. ECU 1 000 000 for administration 
Commitments: Final figures not yet available 
Tacis Democracy Programme 
*1993 
The Democracy Programme was extended on a pilot basis to the countries covered by 
Tacis. The first call for proposals under the 1993 appropriations was published in parallel 
with that for the Phare programme; 42 projects were approved and contracts involving 
a total of ECU 3.15 million were signed. Most of the projects were aimed at 
strengthening NGOs. Projects undertaken at the initiative of the Commission or its 
partners also received support to the tune of ECU 1 326 248. 
*1994 
The second call for proposals was published in July 1994 and covered the countries 
eligible for Tacis funds. The Advisory Committee on Democracy adopted 37 projects, 
accounting for ECU 4.1 million, and submitted them to the Commission for approval. 
Most of these projects should start in the second half of 1995. Some of those initiated 
by the Commission or its partners and approved in 1993 were financed from the 1994 
budget. 
Hie programme is in two parts: 
(1) projects undertaken at the initiative of the European Commission, and 
(2) projects proposed and cofmanced by NGOs. 
(1) These projects always relate directly to specific aspects of the political 
situation in the country concerned, e.g. the electoral process, freedom of the 
press and other media and support for democratic institutions. Particular 
mention should be made of the Commission's support for the electoral process 
in Russia (December 1993) and Ukraine (March 1994) and of the specific 
support for the media with a view to obtaining an analysis of media coverage 
of the parliamentary and presidential elections in Russia, (December 1993) and 
Ukraine, Moldova and Belarus (1994). These activities culminated in the 
publication of a booklet giving practical information on the subject of the 
media and elections. Financial support was also given to a project to provide 
training in parliamentary practice for newly elected Ukrainian members of 
parliament, one of the national parliaments of the European Union being used 
as a reference base. 
A Task Force (Democracy Programme Management Unit) was set up in 
Moscow to coordinate the Commission's various initiatives. Projects may also 
be carried out at the request of Tacis countries. 
(2) This part of the Tacis Programme is managed jointly with the Phare 
Democracy Programme and, therefore, by the European Human Rights 
Foundation. 
Tacis Democracy 
Appropriation for 1993: ECU 4 000 000 
Committed in 1993: ECU 4 000 000 
Appropriation for 1994: ECU 10 000 000 
Committed in 1994: ECU 1 923 898 (so far) 
2. B7-5201 Community measures to help democracy and support the peace process for 
the Republics formerly part of Yugoslavia (new Item) allocated ECU 4 000 000 (+ 
1 000 000 by transfer) for 1994 
This item is intended to cover the financing of measures to support the peace process, 
calm tensions and develop democracy in the Republics formerly part of Yugoslavia 
(Slovenia, Croatia, Serbia Montenegro, the former Yugoslav Republic of Macedonia, 
Bosnia-Herzegovina). 
Commitment appropriation authorized for 1994: p.m. 
ECU 4 000 000 + 1 000 000 (transfer) 
In compliance with declarations made at the European Council meetings of Lisbon (July 
1992) and Edinburgh (December 1992), specific measures in respect of the former 
Yugoslavia had already been introduced under Item A-3030 in 1993. The fact that this 
Item was included in the budget illustrates Parliament's lively interest in the matter of 
human rights in the fonner Yugoslavia, and particularly in providing support for the 
victims of rape and torture (Warburton Report). 
Use: 
As the 1994 appropriation was entered in Reserves, it had to be released by an ad hoc 
procedure in which the priorities were laid down. It was then split as follows: 
support for peace-making efforts agreed by the international community (to step up 
control of sanctions against Serbia and Montenegro and for measures relating to the 
International War Crimes Tribunal for the former Yugoslavia); 
defence of human rights, promotion of democratic principles and consolidation of 
civil society, in particular by supporting local NGOs; 
support for the independent media (press, television and radio) particularly by 
enabling them to purchase equipment. 
Appropriation for 1994: ECU 4 000 000 + ECU 1 000 000 (by transfer) 
Committed in 1994: ECU 4 811 500 
3(a) B7-522 Human rights and democracy in the developing countries (former Item B7-
5053) allocated ECU 14 000 000 for 1994 
3(b) B7-523 Democratization process in Latin America (former Item B7-5078) allocated 
ECU 13 000 000 for 1994 
(a) This appropriation is intended to cover support for operations promoting human rights 
and democracy in strict association with the development policies of the Community, 
including certain countries on the southern shore of the Mediterranean. 
(b) This appropriation is intended to cover the financing of special activities to contribute 
to the process of democratization in Latin America, including Haiti and Cuba, particularly 
in assisting the reintegration into civilian life of those who have fought in civil wars in 
Central America 
Appropriations may also be used to support democratically elected authorities who have 
been the victims of coup attempts, and who retain the confidence of the European 
Community. 
This article also covers expenditure on studies, meetings of experts, conferences, 
congresses, information and publications directly linked with the achievement of the 
objective of the measure of which they form an integral part; this excludes expenditure 
involved in the management of these measures or in general administration (Commission 
Communication of 22 April 1992). 
Use: 
The Commission reports annually on the use of these Articles, as required under the 
Council resolution of 28 November 1991 on human rights and democracy in developing 
countries. The appropriations in question are used to implement the priorities defined in 
the resolution. So far two reports have been published, one for the financial year 1992 
(SEC(92)1915 final of 21 October 1992) and one for the 1993 financial year (COM(94)42 
final of 23 February 1994). 
(a) Many of the measures financed out of Article B7-522 in 1994 concerned electoral 
processes, consolidating the rule of law, promoting the independence of the judiciary, 
setting up free and independent media, providing support for vulnerable groups and 
educating the public on human rights issues. Most of the these projects were 
implemented in Africa. A particularly important group of projects was mounted in the 
Occupied Territories and involved drawing up basic texts to ensure observance of the 
fundamental rights of Palestinian citizens and guarantee a balance of power. 
A great deal of attention (and more than one third of the appropriations for 1994) went 
on electoral processes and public consultation - the aim being to allow, or foster, public 
participation in decision-making processes - and on measures to promote observance, and 
greater public awareness, of human rights. To consolidate civil society, Community 
action focused on literacy and strengthening the social fabric by supporting local 
associations and improving the means of communication. 
A large part of the appropriation was used for measures to promote freedom of the press. 
10 
Priority was given to consolidating the rule of law particularly in countries in the process 
of democratization. Here the aim was to promote the independence of the judiciary, 
provide help in drawing up constitutions, support parliamentary activities and foster 
democratic institutions in general. 
The principles of good governance and transparency in the management of public affairs 
was also given priority. 
Where fostering and defending human rights was concerned, particular emphasis was laid 
on the rights of society's most vulnerable groups such as women, children and indigenous 
peoples. 
Victims of violence and armed conflict were given particular help. 
The prevention and settling of conflicts was added to the Community's activities under 
this heading in 1994. 
The financing of conferences and seminars was reduced to a strict minimum, a rule which 
also applied to all the other headings in the Chapter. 
All appropriations were committed in 1994 
(b) Article B7-523 was introduced in 1990 to provide support for the democratization 
process in Central America and Chile but, the following year, it was extended to cover 
all Latin American countries. The main purpose of these funds is to support 
democratization throughout Latin America and promote peace-making, particularly in 
Central America. 
Priority themes were therefore decided in accordance with the guidelines of the Council 
resolution of 28 November 1991, the specific requirements of Regulation No 443/92 and 
those of the Cooperation Agreements with the countries concerned. The priorities are: 
* support for the electoral process (and post-electoral measures); 
* consolidation of the rule of law 
by supporting the activities of parliaments and other democratically elected 
institutions, 
providing support to ensure greater independence of the judiciary and. more 
generally, for the various forms of legal defence, 
providing support for legal and constitutional reform and 
providing support for reform of the prison system; 
* strengthening of civil society 
by raising awareness of, and giving training relating to, the rights and 
obligations of a citizen, 
fostering freedom of expression and trade union rights and 
strengthening non-governmental organizations and informal networks; 
* specific support for lawyers (like Spanish procuradores) specializing in human rights 
issues; 
11 
* support for vulnerable groups such as children, women, indigenous peoples and 
victims of violence; 
* support for projects to raise the awareness of and provide education and training in, 
human rights issues for personnel in police forces, armed forces and security forces. 
In connection with these priorities, the multiannual programme for promoting observance 
of human rights in Central America, initiated in 1992, deserves special mention because 
it exemplifies the need for close cooperation in analysing the human rights situation and 
mounting specific projects to provide assistance to the judiciary, support its authority and 
provide training for target groups such as police and armed forces personnel who are 
particularly involved in the effort to consolidate democracy. 
A working party on human rights in Latin America (comprising, in particular, 
representatives of DG I, DG VIII, DG X and DGI A) was set up in January 1994 and has 
met nine times. The working party has analysed the projects individually and discussed 
the priorities that should be applied to ensure optimum use of the resources available 
under this Article. 
B7-522 
Appropriation for 1994: ECU 14 0Ô0 000 
Committed in 1994: ECU 14 000 000 
B7-523 
Appropriation for 1994: ECU 13 000 000 
Committed in 1994: ECU 12 999 978 
4. B7-5240 Subsidies for certain activities of organizations pursuing human rights 
objectives (former Items A-3030 and B7-5067) allocated ECU 5 000 000 for 1994 
This appropriation is intended to cover the grant of aid to organizations pursuing 
humanitarian aims and promoting human rights, such as the European Human Rights 
Foundation and the European Foundation for Freedom of Expression. 
It also covers the administrative costs resulting from the administration of the item and 
for the inspection of projects which have received grants. 
This aid is allocated for projects to be undertaken in non-Community states (developing 
countries, central and eastern European countries and others), as well as in the 
Community in the form of grants to: 
support rehabilitation centres for torture victims and other organizations offering 
concrete help to victims of human rights abuses which should continue to receive 
the same proportion of funding from the item as has been the case in the past, 
train people who are called upon to teach others about human rights (judges, 
lawyers, civil servants, those responsible for the training of police and security 
forces, professors of education, etc.), 
reinforce respect for the rights of the child and bring assistance to children who are 
victims of human rights violations, 
promote training with organizations specializing in the defense of human rights, 
support the observation of prisons at international level and the publication of the 
reports produced. 
-dA 
Priority is accorded to projects offering concrete and direct aid Projects concerning 
research and academic seminars of particular merit are taken into consideration in so far 
as is possible. 
ECU 200 000 is introduced to support the activities of the International Prison 
Observatory. 
Use: 
There is no geographical restriction on the use of this appropriation so that any priority 
not covered by other budget headings may be financed under this one. The new 
measures covered by Item B7-5240 put into practice some new,"pioneering" ideas. For 
instance, one of the first measures to provide help for torture victims was financed from 
this Item but now, at Parliament's initiative, has a specific heading to itself. In view of 
the heavy calls on the above Item, very strict selection criteria had to be applied, and 
many projects rejected, since the entire appropriation had been allocated,and 88% 
committed, by the end of the first half of the financial year. Nevertheless, the Item still 
provided funds to make up for the shortfall in the one specifically for torture victims. 
It also provided ECU 530 000 for projects specifically relating to the setting-up and 
activities of the International Tribunal (to provide support for victims coming forward to 
give evidence, make young lawyers available and make the public aware of the role of 
the Tribunal). To ensure that the Warburton Report recommendations were followed up, 
ECU 734 000 was allocated to eight projects providing psychological and social support 
for victims of serious human rights abuses, in particular women and children. Finally, 
this Item also provided the means for dealing in greater depth with the human rights 
aspects of support for elections. 
The entire appropriation was committed in 1994 f88% by the end of the first half of the 
financial year). 
Appropriation for 1994: ECU 5 000 000 
Committed in 1994: ECU 5 000 000 
5. B7-5241 Aid by the European Union for non-governmental organizations working 
to defend and promote human rights in Turkey 
(former Item B7-5079) allocated ECU 500 000 for 1994 
This appropriation is intended to cover Community cad to non-governmental otganizations 
working for the defence and promotion of human rights in Turkey. 
The commitment appropriation authorized for 1994 is ECU 500 000 
Use: 
The use of this appropriation is decided in close collaboration with the Commission 
Delegation in Ankara. The funds are used to expand activities in Turkey aimed at 
providing education, training and information on human rights issues. Projects receiving 
support are mainly intended to benefit torture victims, women, civil society and legal, 
school and university circles. One of the aims of the programme is to make local 
13 
organizations involved in defending human rights and promoting democratic values more 
professional and thereby to increase their influence. In particular, this Item has provided 
support for the work done by the Turkish Foundation for Human Rights through its three 
centres for the rehabilitation of torture victims (in Ankara, Istanbul and Izmir) and its 
Ankara documentation centre. 
The entire appropriation was committed in 1994. 
Appropriation for 1994: ECU 500 000 
Committed in 1994: ECU 500 000 
6. B7-527 Support for rehabilitation centres for torture victims and for organizations 
offering concrete help to victims of human rights abuses (new Article), allocated 
ECU 2 000 000 for 1994 
Use: 
Community activities to provide help for torture victims have constantly expanded in the 
last few years. As a result, at the initiative of the European Parliament, a special Article 
with an allocation of ECU 2 million was included in 1994 to finance one of the priorities 
of the Programme of Action of the World Conference on Human Rights. The initiative 
was a response to an urgent need but the funding proved insufficient. Requests for 
funding totalled more than ECU 5 million in September but the available funds had been 
exhausted by July. As in earlier years, some projects to provide assistance to torture 
victims had to be funded out of Item B7-5240. For instance, in 1994 the Community 
committed a total of ECU 2 551 000 to 39 projects, compared with ECU 1 015 000 for 
13 projects in 1993. 
The entire appropriation was committed in 1994 (by July). 
Appropriation for 1994: ECU 2 000 000 
Committed in 1994: ECU 2 000 000 
Section D ASPECTS OF THE PROCEDURE FOR FINANCING ACTIVITIES 
RELATING TO THE DEFENCE OF HUMAN RIGHTS AND THE 
PROMOTION OF DEMOCRATIC PRINCIPLES 
The growing importance of the human rights dimension and the substantial budget 
funding available to the various Commission departments involved are making it 
increasingly difficult to ensure consistency. From its very first meetings, the inter­
departmental Human Rights Coordinators Group has been consulting on the issues and 
has now identified common points of reference and criteria for granting funds from the 
financial instruments earmarked for human rights. These are now being applied by the 
ad hoc working parties for each budget heading. 
The Coordinators Group was set up in 1991 and has held 22 meetings so far. 
Thanks to the hard work of all its members, procedures at all levels have been 
appreciably harmonized and the result brought some improvement in 1994, particularly 
as regards deciding guidelines and criteria. Thus the budget implementing Regulation for 
14 
1994 actually specifies that "proposals shall be drawn up on the basis of guidelines and 
criteria defined by the permanent inter-departmental Human Rights Coordination Group 
(No 52)" (COM(94) Mn 722). 
(i) Identification of beneficiaries 
(a) Procedure 
In the previous report two approaches were identified, namely: 
calls for proposals (Phare and Tacis Democracy) and 
requests from potential beneficiaries. 
Both continued to be used this year, but with changes to remedy the lack of flexibility 
which was a major disadvantage of the calls for proposals procedure. Part of the 
appropriations are now reserved for ad hoc projects, whose aims are defined by the 
Commission's departments on the basis of European Union policy priorities, and part for 
projects involving less than ECU 10 000 each. These are known as micro-projects and 
are carried out under the supervision of Commission Delegations by Phare country NGOs, 
which are not, in this instance, subject to the requirement of being partnered by a 
European Union NGO. 
In the case of individual requests, detailed discussions were held to identify projects 
which took account of both the applicant's aims and the Community's priorities. 
(b) Forms 
The application fonns represent a major aspect of the effort to introduce consistency. 
Applicants were originally faced with procedures that varied with the department 
involved, a situation which meant a lot of extra work and time fbr the applicants. A first 
effort to standardize the forms has now reduced the problem. 
And the working party on human rights and democracy is moving towards standardization 
of all application forms for all budget headings relating to human rights and democracy. 
(c) Type of beneficiary 
Public sector bodies, international organizations, NGOs or other bodies with a civil status 
are all eligible. 
NGOs and similar bodies have expertise and local knowledge which they can use to help 
define projects that are in line with the published regional and international priorities 
whilst also providing a direct response to the concerns and aspirations of the target 
groups. 
The manner of the NGOs' involvement in implementing the Community's priorities is 
therefore original and one that has grown gradually. The formula is one of a flexible 
partnership which, unlike partnerships with the United Nations and the Council of Europe, 
does not include the NGOs' own statutes. 
Few budget headings exclude other categories of beneficiary but those covering Tacis and 
Phare Democracy give priority to cooperation between Member State NGOs and local 
15 
NGOs, and the one for democratization in Latin America is reserved entirely for local 
institutions. 
(ii) Project size 
This varies a great deal. Projects may involve anything between ECU 5 000 and ECU 
1 million. However, for Phare and Tacis Democracy, calls for proposals fix a ceiling of 
ECU 200 000 per project. In the case of ad hoc projects, there is a trend towards 
supporting those which will have an appreciable effect and, there, the amount tends to be 
around ECU 250 000. Many managers agree that the problem with small projects with 
a modest impact is that management costs are no lower than those for more ambitious 
projects. 
(in) Examination 
In 1994 for the first time, the inter-departmental Human Rights Coordinators Group laid 
down common criteria and priorities to be applied when examining projects. These are 
based, in turn, on agreed principles and priorities which are set out in Annex I. 
(iv) Consultation and decision 
Each project is discussed with the various departments whose thematic and geographical 
responsibilities are involved. Financial Control, the financial departments and the Legal 
Service are also systematically consulted, and the use of the appropriations is always 
checked by the Court of Auditors. 
Following a suggestion in the conclusions of the 92/93 report, the decision-making 
procedure has been harmonized and, consequently, in 1994 all Commission decisions 
were taken by written procedure. 
The European Parliament is informed at various stages, either specifically or more 
generally. MEPs obtain information on particular points through parliamentary questions. 
Also, each year, a report is published on the implementation of the resolution of 28 
November 1991 on human rights, democracy and development, which is covered, 
inter alia, by budget headings B7-522 (formerly B7-5053) and B7-523 (formerly B7-
5078). More generally, this report - requested by Parliament - covers all human rights 
measures (except the Article for the European Forum for Migrants) included in the budget 
Chapter entitled European Initiative for Democracy and the Protection of Human Rights. 
(v) Evaluation 
Various methods were used. 
Before the file on a project can be closed, the beneficiary has to submit a report on 
the activities relating to, and expenditure incurred on, the project. 
Independent experts and bodies were hired to evaluate some groups of projects 
covered by the budget headings relating to "Human rights and Democracy in the 
developing countries" and "Democratization process in Latin America" whilst, for 
completed projects, Delegations were asked to carry out on-site verifications and check 
the documentation. 
16 
(vi) Management 
The trend which began in 1993, namely to recruit specialist external bodies to manage 
some of the "human rights" appropriations, is hardening to the extent of becoming 
irreversible due to the increase in appropriations and the concurrent shortage of personnel 
at the Commission. 
O)NCLUSI0NS 
Since last year there have been marked improvements in the consistency and transparency 
of the use of the budget resources earmarked for human rights and fundamental freedoms. 
Changes have been made in both structure and content. Instruments based on new, 
improved guidelines have been made available and will permit new initiatives and more 
intensive dialogue with beneficiaries, whilst beneficiaries have agreed that they will take 
into account certain regionally and internationally approved principles and priorities, 
thereby ensuring that there will be synergy between the efforts of the European 
Community and those of its international partners. 
17 
ANNEX 1 
PRINCIPLES AND COMMITMENTS UNDERLYING COMMUNITY ACTION 
Community action to defend and promote respect for human rights is taken in accordance 
with the United Nations Charter and the universal principles and priorities adopted by the 
international community at various world conferences. In deciding its thematic and 
geographical priorities, the Community also takes into account the achievements of other 
international and regional bodies, the objectives of the European Council, the European 
Parliament and other European Community institutions and of specific needs more 
directly arising out of the situation in its partner countries. 
(a) Universal principles 
The fundamental principles governing human rights and democratic values are set out in 
the 1948 Universal Declaration of Human Rights and the two additional International 
Covenants, the one on Civil and Political Rights and the other on Economic, Social and 
Cultural Rights. 
In defining its short- and medium-term priorities, the European Community must take 
account of the conclusions of high-level international conferences adopted by the United 
Nations General Assembly. For instance, the Community's priorities for 1994 particularly 
take into account the Programme of Action adopted with the final Declaration of the 
World Conference on Human Rights held in Vienna in June 1993. There the 
international community solemnly reaffirmed the principle that human rights are 
universal, indivisible, interdependent and interrelated and went on to draw up the 
Programme of Action listing those human rights problems which would have to be 
tackled as a priority in order to remove the main obstacles to the full realization of all 
human rights and put a stop to the continuing violation of human rights. 
This Conference also reiterated the principle underlying all efforts to promote observance 
of human rights, namely that the human person is at one and the same time the central 
subject of human rights, the principal beneficiary and an active participant in the 
realization of these rights. 
Among the main priorities arising out of these principles is the obligation to promote 
equality of opportunity, the dignity of the human being and tolerance. This includes 
combating racism, xenophobia and other forms of intolerance, protecting national, ethnic, 
religioas and linguistic minorities, promoting observance of the rights and freedoms of 
indigenous peoples, guaranteeing the rights of migrant workers and members of their 
families, ensuring equal dignity and equal rights for men and women, promoting respect 
for the rights of children and combating the practices of torture and enforced 
disappearance. 
Under its arrangements for cooperation, development and the strengthening of luiimn 
rights, the international community gives priority to supporting national and regional 
institutions active in promoting the observance of human rights, the consolidation of a 
I? B it t> 
civil, pluralist society and the protection of society's vulnerable groups. It agrees on the 
importance of supporting the democratization process, that it is therefore essential to 
provide support for holding free elections at regular intervals, providing the public with 
information during election campaigns, promoting freedom of expression and encouraging 
people to participate without fear of discrimination in the decision-making process and 
that, in all these areas, education, training and providing information on human rights 
issues are essential to promoting observance of human rights and democratic principles. 
Similarly, for the first time, there is consensus in the international community on the 
principle of the right to development Since the 1986 Declaration on the Right to 
Development, much work has been done to give substance to this concept and, more 
specifically, to identify what can be done to make this right a universal reality. The 
Working Group on the Right to Development regularly sends recommendations to the 
Commission on Human Rights. And a draft resolution of 2 December 1994, shortly to 
be submitted to the United Nations General Assembly, takes note of the work of the 
various United Nations bodies and provides a new impetus by emphasizing the need for 
an integrated, coordinated approach. 
Further indications on how to implement these priorities are provided in more specific 
international instruments such as the Convention on the Rights of the Child, which 
entered into force in 1990, and the International Convention on the Elimination of All 
Forms of Racial Discrimination. 
To strengthen the international mechanisms for monitoring and promoting the observance 
of human rights, the World Conference also submitted a proposal to the General 
Assembly for the creation of a new post, that of High Commissioner for Human Rights. 
The proposal was adopted in December 1993 and Mr Ayala Lasso was appointed to the 
post in February 1994. The European Union actively supported the creation of the post 
and the nomination of Mr Lasso and therefore owes it to the international community to 
help realize the priorities defined in the Vienna Conference's Programme of Action. 
Another major instrument is the International War Crimes Tribunal for the former 
Yugoslavia It was established in May 1993 and is an important precedent in the canon 
of international law on human rights. The European Union supported the move from the 
outset. In particular, the European Commission committed itself to providing support for 
specific aspects of the Tribunal's activities such as protecting victims who come forward 
to give evidence, making available young lawyers, educating the public about the 
Tribunal's role and a measure aimed at gathering further evidence. This move to extend 
the jurisdiction of the international community has since acted as a precedent, as can be 
seen from the Resolution of 8 November 1994 establishing an International War Crimes 
Tribunal for Rwanda. The two Tribunals have similar terms of reference and they are 
stn icturally linked, particularly in that the same person has been appointed as Prosecutor 
for both. Finally, the Vienna Declaration also served as a reference base for the 
International Conference on Population and Development (Cairo, September 1994) and 
as a pointer in preparations for the World Summit for Social Development (Copenhagen, 
March 1995) and the IVth World Conference on Women (Beijing, September 1995). The 
European Union has given priority to these preparations. 
18 
(b) Regional commitments 
The Community's measures to promote the observance and defence of human rights also 
have to fit in with the regional framework. At European level, the commitments entered 
into reflect priorities calling for closer cooperation between, and alignment of, the efforts 
of the various European organizations active in the human rights arena. 
In relations with other countries, the European Community also takes into consideration 
the regional commitments of its various partners, in particular those entered into under 
the Human Rights American Convention (1969) and the African Charter of Human Rights 
(1981). 
In partnership with the Council of Europe 
The Council of Europe's normative instruments are the European Community's preferred 
reference base. The Convention for the Protection of Human Rights and Fundamental 
Freedoms, signed in Rome on 4 November 1950, is the foundation on which Europe's 
laws on the protection of the individual's human rights are based. Other particularly 
important instruments are the European Social Charter, the European Convention for the 
Prevention of Torture, Inhuman or Degrading Treatment or Punishment (which entered 
into force in February 1989) and, more recently, the Convention on the Protection of 
National Minorities (opened for signing on 31 January 19953). 
The new lease of life the Council of Europe was given in 1989 is well illustrated by the 
summit it held in October 1993 in Vienna which, for the first time ever, was attended by 
all the Heads of State and Government of its member countries. The summit provided a 
forum in which some of the Member States' common concerns were highlighted, such as 
the need to combat racism and xenophobia and protect national minorities by tackling 
problems jointly and ensuring complementarity between the objectives and resources of 
the various European bodies active in these areas. 
fhe Plan of Action for combating racism and xenophobia drawn up at this summit 
highlights particularly well the kind of complementarity that is required. It is echoed by 
the work plan adopted by the European Union's Heads of State and Government at the 
Corfu summit in June 1994. This covers the same ideas and reflects the priorities defined 
at the Vienna Conference. Thus, from the basis of a common concern, it has been 
possible to establish a framework of priorities and, as a consequence, the European 
Commission is cunently participating in the work of the Committee of Experts set up by 
the Council of Europe to implement the Vienna Plan of Action. The Council of Europe 
has also been instrumental in bringing about synergy by launching a youth campaign 
against racism, xenophobia, anti-Semitism and intolerance, on 10 December 1994. 
In this area, the European Commission's role is that to form a link between the Council 
of Europe and the European Union, a role fulfilled by passing on information (essential 
for smooth cooperation) and, as far as possible, preventing duplication of work already 
done or being done in Brussels or Strasbourg. 
3 So far, 22 member countries of the Council of Europe have signed this Convention. 
19 
In partnership with the OSCE (formerly the CSŒ) 
The concept of the human dimension, introduced in 1989 and developed since within the 
CSCE, now encompasses an ambitious strategy linking conflict prevention with the 
defence of human rights. At the implementation meeting held in Budapest from 
10 October to 4 December 1994, the European Union laid particular emphasis on the 
need to integrate the human dimension more closely with the various CSCE activities, 
particularly those aimed at conflict prevention. Decisions were therefore adopted to 
strengthen and rationalize the various structures of the CSCE which, on 1 January 1995, 
became the Organization for Security and Cooperation in Europe (OSCE). 
This strategy, which is a response to the new dangers threatening to imdermine security, 
fundamental freedoms, the rule of law and democracy, has the support of the European 
Union. The problems referred to are among the Union's major concerns and the need to 
resolve them is at the heart of the common foreign and security policy as established in 
the Treaty on European Union. The signature of the Commission's President at the foot 
of the Charter of Paris (November 1990), where it has equal status with those of the 
Heads of State and Government, is visible evidence of the Union's involvement. 
Similarly, the European Union has made a substantial contribution to the process of 
considering how the human dimension principles can be put into practice and how to 
monitor actual implementation of any commitments made. Promotion of the rule of law, 
support for the role of NGOs, protection of national minorities and combating racism and 
xenophobia are areas in which the Union has become especially involved. For instance, 
it contributed actively to various seminars on specific topics, such as democratic 
institutions (4-15 November 1991), tolerance (16-20 November 1992), case studies on 
national minorities (24-28 May 1993), freedom of the media (2-5 November 1993), local 
democracy (16-20 May 1994) and gypsies (20-23 September 1994). In future, such 
seminars will be more widely spaced (at the rate of two a year) and the topics covered 
will be less general and will relate more specifically to regional concerns. This decision 
emerged from the conclusions of the meeting in Budapest at which a list of topics was 
adopted, including the rule of law, aggressive nationalism, freedom of the media, 
handicapped persons, religious freedom, citizenship, capital punishment, racism and 
tolerance. The last of these is the subject of a seminar to be held in March 1995 in 
Bucharest under the joint auspices of the Office for Democratic Institutions and Human 
Rights and UNESCO. In holding these seminars, the intention is to provide an 
opportunity to go into greater detail on commitments made earlier and work out specific 
lines of action for the future. 
The Office for Democratic Institutions and Human Rights, the main OSCE body 
concerned with the human dimension, was established with the support of the Union. In 
the last few years the Office's activities have expanded considerably. In line with the 
general philosophy underlying the human dimension concept, its role has already 
expanded to include closer involvement in conflict prevention, and the conclusions of the 
Budapest meeting provide for its responsibilities to be further extended to include 
operations in support of elections. 
The Union also supported the creation of the post of High Commissioner on National 
Minorities, and the Commissioner's mandate, which makes a close link between the 
problems of national minorities and conflict prevention. Within the OSCE, the Union 
20 
plays an active part by monitoring commitments which have been authorized and, where 
appropriate, taking part in fact-finding missions. 
Under the Pact on Stability in Europe 
To propagate synergies between the various European bodies actively promoting the 
observance of human rights and democratic principles is also one of the aims of an 
initiative approved at the Brussels European Council meeting (December 1993) and 
launched officially at the inaugural conference of the Stability Pact in Paris on 26 and 
27 May 1994. Touching as it does on a common source of concern, namely the key 
problems of national minorities and the consolidation of frontiers, particularly in Central 
and Eastern Europe, this move - made under the heading of preventive diplomacy - is an 
example of how important it is for all parties in the European arena to mobilize their 
resources and capabilities and concentrate them on the corresponding objectives. 
The Stability Pact is conceived of as a continuing process erishrining all agreements 
reached in round table negotiations. As confirmed by the States attending the CSCE 
meeting in Budapest from 10 October to 4 December 1994, the agreements concluded by 
the time the process is completed are to be deposited with the CSCE, now the OSCE. 
The first two sets of round table negotiations, one for the Baltic and the other for Central 
and Eastern Europe, began in September 1994. 
The interim Ministerial Conference on the Stability Pact, held on 6 December in parallel 
with the CSCE meeting, highlighted the need for flanking measures and for tightening 
up cooperation between the countries involved in the process. Hence, the measures the 
Community is implementing under the Phare and Phare-Democracy Programmes are 
closely linked with the objectives of the Stability Pact. Similarly, the Essen European 
Council meeting adopted a strategy for preparing European countries associated with the 
Union for accession, the aim being to back up and stiffen the political aspects of the Pact 
by introducing measures to encourage intra-regional economic cooperation and promote 
good neighbourly relations. Also, at the Budapest CSCE meeting, the participating States 
stressed the importance of the joint action plan for the achievement of the Stability Pact. 
The final conference took place in Paris on 20 and 21 March 1995 and the Pact of 
Stability was adopted by all OSCE participant states together with a political declaration 
and a list of about a hundred bilateral agreements. The OSCE is now supervising the 
correct implementation of the Pact. 
(c) Tlie Euiopean Union's own commitments 
The Maastricht Treaty 
It is the first time that the European Union action in terms of human rights is based on 
the Treaty. 
The Treaty on European Union, which entered into force on 1 November 1993, represents 
a new departure in that it takes human rights into account. Article F of the Common 
provisions formally legitimizes the Union's action in promoting human rights and 
democratic principles. Human rights are also being taken into account under the heading 
of development cooperation ("Community policy in this area shall contribute to the 
21 
general objective of developing and consolidating democracy and the rule of law, and to 
that of respecting human rights and fundamental freedoms" - Article 130u(2)), as well as 
by the common foreign and security policy, as expressed in one of its objectives ("to 
develop and consolidate democracy and the rule of law, and respect for human rights and 
fundamental freedoms" - Article J. 1(2)). 
This is one of the most innovative aspects of the Maastricht Treaty. 
Positions adopted by the Union and the Community institutions 
This legal form, created by the Maastricht Treaty, is intended to underpin and strengthen 
the political will of the European Union to pursue an active policy in the defence of 
human rights and the promotion of democratic principles vis-à-vis its partners throughout 
the world. 
(a) The European Union 
The transformation of the economic Community into a political entity implies that the 
European Union will become increasingly involved in the work of the international and 
regional bodies concerned with promoting the observance of human rights. In the United 
Nations, the Presidency regularly puts the Union's position on the human rights situation 
throughout the world, particularly under Item 12 of the agenda for sessions of the 
Commission on Human Rights and in the General Assembly. The Union also regularly 
calls for the tightening-up of international cooperation on matters relating to human rights 
and democratic principles. 
The Union's international activities in the defence of human rights are based on its ability 
to mobilize resources and on having the capability to react to situations where human 
rights are being abused. It regularly publishes statements setting out the policy framework 
within which support or aid is given. And now, at a time when the international 
community is engaged in a wide-ranging debate on how to combat the persistence of 
human rights violations, the Union owes it to that community to make a substantial 
contribution towards defining the priorities. 
There have been many declarations and statements of position on the way to the present 
where the Union's policy specifically takes account of human rights. One of the most 
significant is the Declaration adopted at the Luxembourg European Council meeting of 
June 1991 which established the main planks of a real policy to defend human rights and 
promote democratic principles. 
This Declaration is the basis for the guidelines, procedures and lines of action set out in 
the resolution of 28 November 1991 adopted by the Council and Member States meeting 
within the Council, which also identifies those areas on which European Union action 
should focus. And, for those geographical areas which have preferential arrangements 
with the Union, there are additional commitments and priorities appropriate to the 
situation on the ground as, for example, those in Council Regulation (EEC) No 443/92 
which sets out the basis for cooperation with Latin American countries. 
22 
For instance, the resolution presents as priorities the strengthening of the rule of law (by 
providing support for reforming political institutions, strengthening and supporting the 
independence of the judiciary, reforming the prison system and encouraging good 
governance), measures in support of representative democracy (for example, arrangements 
relating to elections such as sending observers, purchasing equipment needed for elections 
and drawing up electoral rules and voters' rolls - whilst remaining politically neutral) and 
measures to promote the role of NGOs and other institutions which are necessary for a 
pluralist society (for instance, support for local associations engaged in promoting the 
observance of human rights, to enable these associations to participate in the various 
aspects of development, measures to ensure the freedom of the press and to back up 
education programmes in citizenship run by schools or the media). 
Taken as a whole, these lines of action are the practical expression of the wish to gain 
acceptance for a positive approach based on exchange, sharing and encouragement. They 
place great value on a comprehensive transformation of society and, as a result, active 
participation by all who make up that society. 
(b) The European Parliament 
The consequence of the resolutions that Parliament has regularly adopted since 1983 on 
the human rights situation worldwide has been a constructive dialogue within and 
between the institutions and a commitment by the Community to human rights. This 
commitment involves vigilance and asking questions about human rights violations, 
wherever they occur - activities which reflect the concerns and expectations of Europe's 
citizens regarding the respect of fundamental freedoms - and also playing the part of 
catalyst in matters where Parliament considers action should be taken. On this front, 
Parliament made a substantial contribution to the discussions which prepared the way for 
the Vienna World Conference whose aim was to identify areas requiring priority action 
and the instruments that should be used. In the course of 1994, in the wake of the 
commitments made at Vienna, Parliament issued statements on important subjects such 
as the right to humanitarian aid, the creation of an International War Crimes Tribunal for 
the fonner Yugoslavia, ethnic cleansing and the economic exploitation of prisoners and 
children worldwide. 
The Commission departments duly took account of the concerns expressed by Parliament 
and of its initiatives on human rights, particularly for 1994 through Mrs Lenz's Written 
Question on the general approach towards promoting the observance of human rights, and 
Parliament's urgent and own initiative resolutions. During the year, the Commission 
replied to 29 Written Questions and 30 Oral Questions on human rights. The European 
Union's statements and Parliament's concerns were taken into account in establishing the 
priorities for 1994. 
23 
ANNEX 2 
INSTRUMENTS AVAILABLE FOR PROMOTING THE OBSERVANCE OF 
HUMAN RIGHTS 
To enable it to fulfil its obligations and meet its commitments to defend human rights and 
promote democratic principles, the European Community has a wide range of instruments 
at its disposal. These range from clauses in agreements with partner countries, to action 
through the appropriate institutions to combat the violation of human rights or remove 
obstacles to democratization, and financial resources. 
The way these instruments are used illustrates the European Community's new role in its 
external relations, and is seen most clearly in its agreements with the individual countries. 
The "human rights" clause as an essential component of agreements 
One of the most tangible methods used to promote observance of human rights and 
democratic principles is the insertion of a "human rights" clause among the provisions of 
agreements. 
Initially, references to human rights were included in the preamble to some agreements 
and then, in 1989, the fourth Lomé Convention was the first to have a specific reference 
to human rights inserted in the body of the text. Since 1992 a specifically worded section 
on human rights has automatically appeared in all development cooperation agreements. 
It states that respect for human rights and democratic principles is an essential element 
of the agreement and authorizes the Community, in accordance with the principles of the 
Vienna Convention on the Law of Treaties, to suspend the agreement in the event of 
serious violation of human rights or disruption of the democratic process. And, since 
October 1992, this clause has also been inserted in the association and partnership 
agreements. 
Where the last category of agreement is concerned, further specific suspension or non-
execution clauses have been added to give the Union more authority to act in the event 
of serious human rights violations. The effect is to permit a considerably shorter reaction 
time. Tlie possibility of inserting this kind of clause in the Lomé Convention at the mid­
term review is being considered. *to 
The clauses illustrate the importance the Community attaches to human rights. By 
linking Community law with common law as codified in the Vienna Convention, the 
clauses provide a legal basis for swift reaction where there is serious or persistent 
violation of human rights or serious disruption of the democratic process. The corollary 
24 
to this approach is an active promotion policy which enables the Community to mount 
public education campaigns and other measures in support of civil, political, social, 
economic and cultural rights. 
Parliament has been very active in promoting the insertion of the specific clauses in all 
agreements. It has played a large part in making this approach a key element of the 
Union's policy of promoting observance of human rights and democratic principles. 
Currently, as indicated in its resolutions of 9 February4 and 21 April 1994,5 it "considers 
it essential that a social clause designed to combat child and forced labour and to 
encourage trade union freedoms and the freedom to engage in collective bargaining on 
the basis of the ILO conventions mentioned above6 be introduced in the multilateral and 
unilateral framework (GSP) of international trade" (resolution of 9 February 1994). 
The outward expression of this contractual policy is the use of constantly growing 
financial resources to promote the observance and defence of human rights in accordance 
with the general lines of action agreed at international and regional level. 
Action in the event of human rights abuses 
The Community approach is guided by the principle that international cooperation must 
above all give priority to positive measures intended to promote democratic principles and 
the observance of human rights. Sanctions should not be applied until all other avenues 
have been explored. 
Negative measures, ranging from behind-the-scenes approaches or public statements to 
the suspension of cooperation, must be based on objective and equitable criteria and be 
suited to the situation on the ground. 
At the same time, care must be taken to keep open the avenue of dialogue and not to 
penalize a country's people for the actions of its government. For instance, humanitarian 
and emergency aid to the most vulnerable sections of society must remain unaffected. 
The range of negative measures available for application also includes statements by the 
Presidency on behalf of the European Union in the various United Nations forums such 
as the General Assembly or the Commission on Fluman Rights A particular example is 
4 Resolution 3-0007/94 on the introduction of a social clause in the unilateral and 
multilateral trading system. 
5 
6 Resolutions B3-401, 0402, 0403 and 0404/94 on human rights and the European 
Union's external policy. 
These are Conventions limiting child labour (Nos 5 and 138), prohibiting forced 
labour (Nos 29 and 105) and guaranteeing the right to form trade unions and engage 
in collective bargaining (Nos 87 and 98). 
25 
the speech given by the Presidency under Item 12 of the agenda for the annual session 
of the Commission on Human Rights. The speech draws attention to countries where, as 
measured against the universally agreed norms for the defence of human rights, the 
situation with regard to these rights gives the whole international community cause for 
concern. 
26 
Annex 3: Table showing the use of financial resources in the defence of human rights 
and the promotion of democratic principles in 1994. 
27 
RAPPORT SUR L'UTILISATION PES RESSOURCES FINANCIERES POUR LA DEFENSE PES DHOTIS PE I/HOMME 
ET LA HMMCmON DE LA DEMOCRATISATION POUR L'ANNEE 1994 
Lignes budgétaires spedfiquement affectées à la promotion des droits de l'homme - dépenses par thème 
LES CHIFFRES REPRESENTENT DES 
ENGAGEMENTS 
(en écus) 
Budget autorisé 
a) ELECTORAL PROCESS 
b) PROMOTION OF CIVIL LIBERTIES 
Freedom of expression 
Measures against Racism and Xenophobia 
SUBTOTAL 
c) DEVELOPMENT OF INSTITUTIONS 
AND REPRESENTATIVE 
ORGANIZATIONS (including mass 
membership bodies such as human rights 
groups, civic associations, trade unions) 
d) TRANSPARENCY OF PUBLIC 
ADMINISTRATION (with an emphasis on 
local democracy and citizen participation) 
e) LEGAL ASSISTANCE (in drafting of 
constitutions and basic législation and to 
civil society) 
f) RFJ>ffORCEMENT OF THE 
JUDICIAL SYSTEM (including 
administration of justice, police, prison 
reform ) 
g) SUPPORT FOR AN INDEPENDENT 
PLURALISTIC AND RESPONSIBLE 
MEDIA 
h) AWARENESS BUILDING AND 
EDUCATION (Civic education mutual 
tolerance, and respect in multicultural 
societies) 
i) PROTECTION OF VULNERABLE 
GROUPS 
Minorities 
indigenous people 
children 
women 
Victims of torture 
refugees/returnees 
SUBTOTAL 
j) CONFIDENCE BUILDING MEASURES 
(including Civil-military relations, 
mediation, conflict resolution) 
k) UNCLASSIFIED 
TOTAL LIGNES BUDGETAIRES DU CHAPITRE B7-52 "Initiative européenne pour la démocratie et les droits de l'homme" 
B7-5200 
Programme Phare pour la démocratie 
10.000.000 pour 1993 
(10.000.000 p.m. pour 1994) 
4.557.670 (development of NGOs and 
representative structures) 
497.. 177 (parliamentary practice and 
organisation) 
335.195 
1.016.486 
1.551.103 
1.747.424 (promoting and monitoring Human 
Rights) 
97.550 
10.000.000 (pour 1993) B7-5210 
Programme Tacis pour la démocratie 
4.000.000 pour 1993 
(10.000.000 p.m. pour 1994) 
1.231.150 (ad hoc) 
1.444.498 
56.407 
112.024 
521.587 
1.028.651 (dont 295.098 ad hoc) 
228.700 
4.000000 (pour 1993) 
1.923 898 (pour 1994 à ce jour) B7-5201 
Actions communautaires d'aide à la démocratie et 
d'appui au processus de pacification pour les 
républiques issues de l'ancienne Yougoslavie 
4.000.000 pour 1994 + 1.000.000 (virement) 
67.000 
67.000 
78.000 
999.000 
348.000 (education and training) 
31000 (information) 
13.000 (conferences) 
34.000 (research) 
82.000 
82.000 
3 160.000 
4.813.000 B7-522 
Droits de l'homme et démocratie dans les pays 
en voie de développement 
14.000.000 pour 1994 
5.840.127 
1.217.000 
U17.000 
183.440 
1.134.000 
50.000 
918.056 
1.586.900 
1.660.480 
63.000 
42.000 
195.200 
300.200 
438.600 
13.328.803 64 
(+ réengagements: 671.197) B7-523 
Processus de démocratisation en Amérique 
latine 
13.000.000 pour 1994 
1.686.868 
225.000 
225.000 
1.049.000 
1.520.000 
843.615 
2969.358 
520.300 
1457.320 
TÔT*» " ' -~~~"""~~~-*~" 
400.000 
. .... „ _ 
J 
SÔT.400"""*"~""~"~~"'"" "—~ 
819.700 
407.417 
11999.978 
LES CHIFFRES REPRESENTENT DES 
ENGAGEMENTS 
(en ecus) 
Budget autorisé 
a) ELECTORAL PROCESS 
b) PROMOTION OF CIVIL LIBERTIES 
Freedom of expression 
Measures against Racism and Xenophobia 
SUBTOTAL 
c) DEVELOPMENT OF INSTITUTIONS 
AND REPRESENTATIVE 
ORGANIZATIONS (including mass 
membership bodies such as human rights 
groups, civic associations, trade unions) 
d) TRANSPARENCY OF PUBLIC 
ADMINISTRATION (with an emphasis on 
local democracy and citizen participation) 
e) LEGAL ASSISTANCE (in drafting of 
constitutions and basic legislation and to 
civil aociety) 
f) REINFORCEMENT OF THE 
JUDICIAL SYSTEM (including 
administration of justice, police , prison 
reform) 
g) SUPPORT FOR AN INDEPENDENT 
PLURALISTIC AND RESPONSIBLE 
MEDIA 
h) AWARENESS BUILDING AND 
EDUCATION (Civic education, mutual 
tolerance, and respect in multicultural 
societies) 
i) PROTECTION OF VULNERABLE 
GROUPS 
Minorities 
indigenous people 
children 
women 
Victims of torture 
refugees/returnees 
SUBTOTAL 
j) CONFIDENCE BUILDING MEASURES 
(including Civil-military relations, 
mediation, conflict resolution 
k) UNCLASSIFIED 
TOTAL 
1 LIGNES BUDGETAIRES DU CHAPITRE B7-52 "Initiative européenne pour la démocratie et les droits de l'homme" 
B7-5240 
Subventions en faveur de certaines activités 
d'organisations poursuivant les objectifs des 
droits de l'homme 
5.000.000 pour 1994 
300.000 3 
162.000 2 
162.000 
235 000 6 
408.500 (éducation and trainings 
500.000 (micro-project) 
1 422 100 (research/conferences/informatioli) 
20.000 (slavery) I 
190000 3 
74.000 4 
471.500 11 
30.000 1 
551000 8 
20.000 2 
1.356.500 30 
529.400 (Ex Yugoslavia) 3 
66.000 2 
5.000.000 93 B7-5241 
Aide de l'Union européenne aux organisations non 
gouvernementales travaillant pour la défense et la 
promotion des droits de l'homme en turquie 
500.000 pour 1994 
64.000 2 
64.000 2 
50.000 1 
246.000 (education and training) 5 
25.000 (information) 1 
22.000 (conferences) 1 
18.000 1 
75.000 1 
93.000 2 
500.000 12 B7-527 
Soutien aux centres de réhabilitation pour les 
victimes de tortures et aux organisations offrant 
une aide concrète aux victimes de violations 
des droits de l'homme 
2.000.000 pour 1994 
40.000 1 
52.000 1 
1.908.000 29 
1.960.000 30 
2.000.000 31 TOTAL PAR THEME TOUTES LIGNES 
CONFONDUES 
59.100.000 
T: •: • ' "-' 
""-'••'" ^ 
".^--.- -"'•'* 
..-••'•• 
ISSN 0254-1475 
COM(95) 191 final 
DOCUMENTS 
EN 06 
Catalogue number : CB-C0-95-217-EN-C 
ISBN 92-77-89011-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg