COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 22.11.1995 
COM(95)567 final 
COMMUNICATION FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 
THE EUROPEAN UNION 
AND 1HE EXTERNAL DIMENSION 
OF HUMAN RIGHTS POIICY : 
FROM ROME TO MAASTRICHT AND BEYOND 

CONTENTS 
Introduction: background 
Chapter I DEVELOPMENTS TO DATE 
Section A: The European Union on the international stage 
1. United Nations 
2. OSCE 
3. Council of Europe 
Section B: Principles, activities and instruments 
1. Principles 
2. Activities 
3. Instruments 
Chapter H: OUTLOOK 
Section A: Development of new themes 
1. The "human rights" component of conflict prevention 
2. Electoral assistance 
Section B: Consistency and impact 
1. Building a strategy for action 
2. Upgrading and extending EU instruments 
3. Cooperation with our partners 
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E>™oDucnoN 
1. The Treaty on European Union entered into force on 1 November 1993. It marks a 
new phase in EU policy on human rights and democratic principles. 
2. For the first time, Community action in this area is based not on the preamble but on 
the body of the text. This is one of Maastricht's greatest innovations. 
3. Respect for human rights is one of the main prerequisites for membership of the 
European Union, a basic principle informing all its activities. Article F(2) states that : 
The Union shall respect fundamental rights, as guaranteed by the European Convention 
for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 
4 November 1950 and as they result from the constitutional traditions common to the 
Member States, as general principles of Community law. 
4. With regard to external action, the Treaty states that it is one of the main objectives 
of the common foreign and security policy to develop and consolidate democracy and the 
rule of law, and respect for human rights andfundamental freedoms} In the same way, 
European Community development cooperation policy shall contribute to the general 
objective of developing and consolidating democracy and the rule of law, and to that of 
respecting human rights andfundamental freedoms? 
5. These provisions constitute a decisive advance in the development of an essentially 
economic Community into a political body. The founding Treaties make no explicit 
reference to human rights or the relevant international instruments; such reference was 
not to make an appearance until thirty years later, in the preamble to the Single European 
Act, in which political cooperation is formally enshrined. 
6. Prior to the Single European Act, in the absence of formal references to these issues, 
the criteria of human rights and democratic principles were gradually introduced in the 
Community's external relations through the position adopted by the Community 
institutions and the heads of state or government. This process emphasized the legal, 
political and moral values that make up the European identity, particularly the principles 
of representative democracy, the rule of law and respect for human rights.3 
Within the Community itself, the Court of Justice played an innovative role in compensating for 
the lack of Community legislation protecting basic rights, by developing a body of original case 
law in which basic human rights are considered an integral part of the general principles common 
to the legal systems of all the Member States, which in turn provide the basis for Community law, 
of which the Court is the guardian. The Court adopted a series of rulings in which these general 
Article J. 1(2), fifth indent 
Article 130u(2) of the Treaty on European Union. 
Eg. the Declaration on Democracy of the Copenhagen European Council of 8 April 1978. 
principles are defined as being based on the traditions common to all the national constitutions 
concerned and on the relevant international and regional instruments, particularly the European 
Convention for the Protection of Human Rights and Fundamental Freedoms signed on 4 
November 1950, which entered into force in 1953. 
7. Starting with the Single European Act, the positions adopted by the Community in this 
sphere became increasingly operational in application, identifying priorities for action and 
paving the way for the incorporation of respect for human rights in the Treaty on 
European Union. By way of example, the Luxembourg European Council of 
28-29 June 1991 illustrated this commitment by adopting a declaration on human rights 
that established the principles and the main features of a political platform actively 
promoting human rights and democratic principles. A few months later, on 28 November, 
the Council and the representatives of the Member States meeting within the Council 
adopted a resolution on human rights, democracy and development laying down the 
guidelines, procedures and priorities for improving the consistency and cohesion of the 
whole range of development initiatives. 
8. The European Parliament has played an important role in this process, having 
contributed, through a number of initiatives, including an annual resolution on the world 
human rights situation, to the incorporation of a "human dimension" in the Community's 
external relations. 
9. At the same time the Commission has developed considerable expertise in this area 
by increasingly including respect for human rights as a criterion in the preparation and 
implementation of Community action. The references to human rights and democratic 
principles in the Treaty on European Union have prompted the Commission to conduct 
a thorough assessment of the instruments and objectives of its activities in this sphere, 
in the light of recent developments in international relations, the emergence of new issues 
and the importance of target groups in democratic development. 
10. In the first exercise of its kind, this paper sets out a strategy for achieving those 
objectives, in line with Mr Santer's undertaking before Parliament and the Commission's 
work programme for 1995. 
11. The document is divided into two parts. The first part assesses the current situation, 
giving an overview of the activities undertaken on the international stage by the 
Community and its Member States in the context of the European Union, its principles 
and priorities, and the instruments to which it has access. The second part identifies the 
challenges of the short-to-medium term, expounding new themes and setting out the main 
points of a strategy designed to improve the consistency and impact of the European 
Union's activities in this field. The paper also lays down guidelines for action to be taken 
by the Commission during the course of its mandate. 
CHAFIERI: DEVELOPMENTS TO DATE 
12. In an international environment in which the universal nature of human rights is 
increasingly emphasized, the European Union has gradually come to define itself in terms 
of the promotion of those rights and democratic freedoms. This has involved helping to 
formulate and develop intemational commitments (Section A), and also identifying the 
priorities and objectives that underpin its activities in this field, while developing 
instruments to carry them out (Section B). 
Section A: The European Union on the international stage 
13. The European Union makes a significant contribution to the activities of the United 
Nations, the Organization for Security and Cooperation in Europe (OSCE) and the 
Council of Europe. This contribution includes working on the regulatory output of these 
international bodies and extending the relevant instruments, tightening up prevention and 
safeguard mechanisms, defining priorities and implementing specific projects. 
1. United Nations 
14. Human rights and fundamental freedoms are a vital part of mankind's shared 
heritage, and there can be no peace where they are not respected. These rights and 
freedoms, as set out in the Universal Declaration of 1948 and developed in the 
International Covenants of 1966, touch on key aspects of a country's political, economic, 
social and cultural life. 
15. After the initial period focused on setting out the basic principles involved, there 
followed a period in which the countries concerned built on their initial commitments, 
identifying priorities and improving implementation procedures. These developments have 
been punctuated by high-level international conferences, particularly in the last few years, 
which have seen gatherings in Vienna (June 1993, on human rights), Cairo (September 
1994, population), Copenhagen (March 1995, social development) and Beijing (September 
1995, women). 
16. These conferences have revealed that principles as basic as the universality and 
indivisibility of human rights continue to meet resistance. However, the consensus that 
has emerged from such conferences provides the basis of increased dialogue and 
cooperation between the countries concerned. 
17. The Union's contribution to the work of the permanent UN bodies concerned with 
human rights has progressively gained in substance and impact. The presentation made 
by the EU Presidency to the Commission on Human Rights giving a country-by-country 
assessment of the human rights situation (item 12 on the agenda) has acquired seminal 
status among the international community. 
18. The Union also makes an active contribution to the work of international conferences, 
including the drafting of their concluding documents. The Vienna conference on human 
rights is a good example of this commitment ; reaffirming the fundamental principles of 
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universality, indivisibility and interdependence, the final declaration and plan of action 
adopted by the conference create a framework for international cooperation in this field. 
The position paper presented by the European Union,4 which set out the principles 
imderpinning EU policy, provided much of the basis for the final document of the 
conference, particularly with regard to the appointment of a High Commissioner for 
Human Rights to act as interlocutor and be responsible for coordinating initiatives in this 
field. 
19. The Union has also been closely involved in setting up control mechanisms such as 
the International Tribunals for the former Yugoslavia and Rwanda and the future 
intemational criminal court. 
2. Organization for Security and Cooperation in Europe 
20. This regional organization, which covers economic issues, security and individual 
rights, has done much to help the democratic development of the countries of Central and 
Eastern Europe and the former Soviet Union. 
21. The concept of a "human dimension" was fully recognized in 1990 through the 
adoption of the Charter of Paris for a New Europe, which sets out the main principles 
involved. The Charter was countersigned by the heads of state and government and by 
the President of the Commission, heralding increasing EU commitment to an OSCE 
process that has now achieved a high profile with the implementation of the Pact on 
Stability. 
22. At regional level there has been a similar trend towards the creation of bodies for 
monitoring or promoting human rights. Examples are the "human dimension" mechanism, 
including expert missions, the High Commissioner for National Minorities and the 
Bureau of Human Rights and Democratic Institutions. The European Union is an 
energetic participant in the OSCE institutions, and has been much to the fore in 
supporting the development of the "human dimension" and the creation of the above 
mechanisms and bodies. 
3. Council of Europe 
23. The European Communities and the Council of Europe share the same basic values. 
Membership of the Council of Europe and of the European Convention for the Protection 
of Human Rights and Fundamental Freedoms has become an implicit condition for 
accession to the European Union. 
24. This is one of the reasons that led the Commission, in 1990, to reopen the debate on 
the need to improve the legal protection of fundamental rights at Community level and 
to present a formal request to the Council for authorization to negotiate the Community's 
accession to the European Convention for the Protection of Human Rights and 
Fundamental Freedoms. With Parliament endorsing the request, the Council asked the 
Court of Justice for its opinion on this matter. 
Position paper (réf. A/157/PC/87) of the European Community and its Member States, April 1993. 
8 
25. The two organizations have special operational links, carrying out joint projects on 
a number of programmes, notably for cooperation with the Central and Eastern European 
countries aimed at entrenching the rule of law and the European model of democratic 
values. 
Synergies 
26. The European Union has developed increasingly close synergetic links with these 
organizations. 
27. One of the more recent examples of this type of synergy is the Pact on Stability 
launched by the Brussels European Council in December 1993 and adopted by all OSCE 
member states in Paris on 20 March 1995; the implementation of the Pact will be the 
responsibility of the OSCE. This initiative illustrates the importance of mobilizing the 
resources and energy of all Europe's players, harnessing them to shared objectives such 
as the consolidation of frontiers and the defusing of ethnic tensions. 
28. The first Council of Europe summit of heads of state or government held in Vienna 
in October 1993 is another example of synergy at European level. This conference 
highlighted the participants' shared preoccupations and enabled them to develop synergies 
between the objectives and activities of the various European organizations involved in 
the protection of national minorities and the campaign against racism and xenophobia. 
29. The EU also cooperates closely with the UN High Commissioner for Human Rights, 
for example through Community support for tackling critical situations, as in the 
deployment of human rights monitors in Rwanda, a ground-breaking initiative launched 
by the EU at the request of the High Commissioner, on the basis of a common position 
adopted on 24 October 1994; the monitors' mission is to use their presence to secure and 
accelerate the return of refugees. Another such mission is currently being prepared for 
Burundi, on the basis of a common position adopted on 24 March 1995. 
30. The Commission also has close operational ties with the UN Human Rights Centre, 
the OSCE Bureau of Democratic Institutions and Human Rights (particularly with regard 
to electoral assistance), the OSCE High Commissioner for National Minorities, the 
Council of Europe and the Commission for Democracy by Law. 
Section B: Principles, activities and instruments 
1. Principles 
31. The European Union's activities fall within the general framework constituted by the 
United Nations Charter and the Universal Declaration of Human Rights, complemented 
by the International Pacts on civil and political rights and on economic, social and 
cultural rights. These activities are also based on the commitments engendered by the 
main international and regional instruments for the protection of human rights. The 
priorities espoused by the international community in the final declaration and programme 
of action adopted by the world human rights conference (Vienna, June 1993) created an 
action framework that is a particular source of inspiration for the European Union. Other 
world conferences on specific issues or population groups, of which there has been a 
considerable increase in recent years, have provided a forum for in-depth analysis, 
enabling the Union to define its operational objectives. 
32. Three principles, arising from the Universal Declaration of Human Rights and 
solemnly reaffirmed by the international community at the Vienna conference of 1993, 
form the keystone of the international system for the protection of human rights: 
(a) universality, which implies that no provision of a national, cultural or religious nature 
can override the principles enshrined in the Universal Declaration of Human Rights, 
(b) indivisibility, which precludes discrimination between civil and political rights, and 
economic, social and cultural rights, 
(c) interdependence between human rights, democracy and development which is linked 
to a new definition of development focused on man as a holder of human rights and the 
beneficiary of the development process. 
33. These principles, which indirectly feature in the Luxembourg European Council's 
declaration on human rights of June 1991 and the resolution on human rights, democracy 
and development adopted by the Council in November 1991, have the following 
corollaries: 
- the strict, complementary link between human rights and democracy: if human 
rights are a necessary condition for the full development of the individual, 
democratic society is a necessary condition for the exercise of those rights, 
providing the framework for individual development; again, human rights are a 
prerequisite for a democratic society, in that such a society is based on 
individuals' voluntary support for the life of the community; 
- the relativity of the rrmebie of non-interference, in that "the different ways of 
expressing concern about ^ iolations of rights, as well as requests designed to 
secure those rights, cannot be considered as interference in the internal affairs of 
a State, and constitute an important and legitimate part of their dialogue with third 
countries".5 
2. Activities 
(a) General context 
34. On the basis of these principles, the Commission has gradually identified the areas 
of activity that correspond to a positive, practical and constructive approach based on the 
concepts of exchange, sharing and encouragement. These priorities are: 
- supporting the transition to democracy, including the holding of free and fair elections; 
- promoting and consolidating the rule of law by supporting and strengthening the 
independence of the judiciary (exercise of justice, treatment of offenders, crime 
prevention), supporting the activities of parliaments and other democratically elected 
bodies, and supporting institutional and legislative reforms; 
- supporting local, national and regional institutions involved in the protection or 
promotion of human rights, including ombudsmen and others in similar positions; 
- promoting a pluralist civil society by strengthening the appropriate bodies, including 
NGOs; 
5 Declaration on human rights, Luxembourg European Council, June 1991. 
10 
- promoting independent, pluralist and responsible media through support for freedom of 
expression and press freedom; 
- supporting education, training and awareness campaigns in the field of human rights; 
- promoting equal opportunities and non-discrimination; 
- promoting transparency and good governance, supporting campaigns against corruption; 
- supporting confidence-building measures aimed at restoring peace; 
- supporting national efforts to make the armed forces accountable to civil authority and 
to establish a clear division of the roles of the army and the police; human rights training 
and information for members of the army and the police; 
- protecting vulnerable groups, in particular children, women, victims of torture, violence 
or fighting, migrants, refugees and displaced people; 
- protecting ethnic, religious and linguistic minorities, their rights and cultures; 
- protecting indigenous peoples, their rights and cultures. 
35. The way these priorities translate into action depends on the situations and needs that 
arise. This implies maintaining a constant and thorough dialogue with the recipients, and 
maximum flexibility in the choice and use of the available instruments. 
(b) Specific initiatives 
36. A number of the themes of the action programme adopted by the Vienna conference 
warrant special attention: 
* education on human rights issues 
37. As set forth in Article 26 of the Universal Declaration, education is a prerequisite 
for individual development and a catalyst for the democratization process. The ripple 
effects of education make it an ideal tool for the promotion of human rights, especially 
with regard to the most vulnerable population groups, enabling them to fight against the 
ignorance which surrounds them and which lies at the root of dscrimination. The Vienna 
conference identified education as a major priority in its action programme, and the UN 
has designated the ten-year period starting on 1 January 1995 as a decade of education. 
Many projects financed by the Community budget have an education component. 
* freedom of opinion and of expression 
38. Freedom of opinion and of expression, including the right to information, covered 
by Article 19 of the Universal Declaration and taken up in several regional conventions, 
is also considered a priority under the Vienna action programme. Because of its symbolic 
value and its "democratic potential", magnified by the use of new communications 
technology, this right is the first target for oppressive regimes. In the last few years 
journalists and writers have more than ever before been paying for their commi nent with 
their freedom or even their lives. 
39. The European Community has increased its support for the media with projects 
aimed at promoting their independence and raising awareness of their role in a democratic 
society. 
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* racism and xenophobia 
40. Stamping out racism and xenophobia is a major objective of the international 
community and the regional organizations. It is primarily the responsibility of 
governments to take effective measures to prevent and root out racist and intolerant 
behaviour. At regional level, in October 1993 the Council of Europe adopted an action 
plan that included setting up a commission on racism and intolerance, work in which the 
European Commission is an active participant. The OSCE is currently assessing the 
situation with a view to adopting a concerted action programme in this field. 
41. The European Parliament has played a major part in campaigning against racism and 
xenophobia, helping to raise awareness of the need for concerted action at European level. 
The Corfu European Council decided to establish a Consultative Commission of eminent 
figures to make recommendations on cooperation between governments and social bodies 
to promote tolerance and understanding of foreigners. The Commission's report and the 
report of the Council meeting on Justice and Home Affairs together provide the raw 
material for an overall strategy to combat acts of racist and xenophobic violence. A 
number of measures have also been taken at Community level to complement those of 
the individual Member States, particularly in the area of education, training and media 
information. 
* human rights, democracy and development 
42. Community development cooperation policy is centred on human beings and their 
needs; it is closely linked to the enjoyment of fundamental rights and freedoms and the 
recognition and application of democratic principles, the consolidation of the rule of law 
and good governance. This approach, defined in the resolution on human rights, 
democracy and development adopted by the Council and the Member States meeting 
within the Council on 28 November 1991, is based on an open and constructive dialogue 
with the governments of the countries concerned, and on the implementation of positive 
measures to raise awareness of and promote human rights and democracy. The aim is to 
strengthen the links between development cooperation, human rights and democratic 
principles, the rule of law and good governance with a view to irnproving the impact and 
sustainability of development projects. 
43. The Community projects implemented on the basis of this resolution are the subject 
of an annual Commission report to the Council and Parliament. The objectives of such 
projects include: 
- consolidating the rule of law, 
- supporting the transition to democracy; 
- promoting the role of bodies ensuring a pluralist society, including NGOs. 
* target groups 
44. Equality is one of the key principles of any system for the protection of fundamental 
rights. Initially, this created a tendency to view the individual in isolation, focusing on 
the bonds between that individual and the national community. Subsequently this 
approach was developed to focus more on the more vulnerable groups and their necessary 
social protection, and also on different ways of fostering the development of the 
individual and respect for that individual's rights. This went hand in hand with initiatives 
targeting professional groups liable to have an influence on the democratic development 
process, such as journalists, judicial and police officers and military personnel. 
45. In view of these developments, the international community has given particular 
attention to the more vulnerable groups, those who are discriminated against or deprived 
of all or part of their fundamental rights. These include women, children, national 
minorities, indigenous peoples and victims of torture. Discussions on these issues at high-
level conferences have focused on stepping up the mternational community's 
œmmitments in this field and/or giving them formal expression in international and 
regional conventions. 
46. Commumty-financed projects focus on the following target groups: 
1. Groups requiring special protection 
-women 
47. The European Union contributes to all the international forums for the promotion of 
women's rights. Its concerns in this area stem from its general responsibility to protect 
and promote universal rights, of which women's fondamental rights form an integral, 
inalienable and indivisible part 
48. Community action in this field includes: 
- systematic inclusion of the role of women in its development cooperation 
policy; 
- promoting the foil participation of women in civic, political, social and 
economic life; 
- assisting tortured and ill-treated women 
Taking into account the conclusions of the World Conference on Women, it \s necessary 
to consider women as active participant in the society and to promote their full 
participation to the political, economical and social life. 
49. The European Union played an extremely active role in the preparations for the 
fourth World (inference on Women, held m Beijing in September 1995. The IMon was 
a major actor in the négociation process, speaking with one strong and effective voice 
throughout the Conference. The Commission adopted a œrnmunication on the 
preparations for the conference on 29 May 1995 and at Community level, three initiatives 
will contribute to the irnplementation of the platform: 
- the TV Action Programme on equal opportunities adopted on 19th of July 1995; 
- the Commission Communication on mainstreaining of equal opportunties, in 
preparation ; 
- œnœrning relations with third œuntries, the Communication on gender in 
development adopted on 19th of September. 
- cMojsn 
50. The Convention on children's rights adopted by the UN Genoa! Assembly in 
November 1989 covers all the civil, economic, social and cultural rights of children, 
together with their right to special protection against all forms of violence. The European 
Community has a wide range of mcentive measures at its disposal, conplementing those 
13 
13) 
of the Member States. The Commission has organized a number of seminars on children, 
focusing on issues such as mobility, children's rights and handicapped children. 
51. The Community gives its support to countries in which there is a particular problem 
with regard to the economic exploitation, abandonment and prostitution of children, 
through special projects aimed at fostering social assistance, protection, wellbeing, 
reintegration and education. 
- national minorities 
52. This controversial issue is one of the international community's main concerns, 
highlighting the œntradictions of our times and posing the major initial difficulty of 
defining the problem. While there is a consensus that minority-related tensions are a 
direct threat to peace, security and stability, the solutions put forward vary according to 
whether their proponents favour the traditional view of individual rights, irrespective of 
the origin or particularities of the individual concerned, or ascribe the enjoyment of 
specific rights to minority groups as such. There is also a division between the 
champions of integration and those who favour assimilation The framework convention 
on the protection of national minorities adopted by the Council of Europe and open to 
signing since 31 January 1995 suggests œrnpromise solutions to these basic questions, 
creating a minimum platform of œmmitments shared by all the organization's members. 
53. For its part, the European Union was the originator of the declaration included in the 
Pact on Stability which affirms that respect for human rights, including those of national 
minorities, is the guarantee of a stable and democratic Europe. The Union also contributes 
to a number of programmes for the protection of national minority rights. These include: 
- measures accompanying the implementation of the Pact on Stability, addressing 
the key problems of national minorities; 
- projects carried out in coopération with regional and non-governmental 
organizations on racism and xenophobia, ' freedom of expression and the 
consolidation of civil society. 
- indigenous peoples 
54. The European Community plays its part in international action to promote respect 
for the human rights and fundamental freedoms of indigenous peoples, lending its support 
to innovative practical projects carried out in partnership with the local authorities with 
the aim of improving the organizational abilities of indigenous communities and, if 
necessary, consolidating the demarcation of their territories. These kinds of project 
emphasize the link between the promotion of human rights and respect for the 
environment, in line with the conclusions of the Rio conference of 1992, in which the 
concept of environmental rights was developed 
-victims of torture 
55. This issue is one of the priorities highlighted in the Vienna action programme. It was 
taken up by the European Parliament, which created a special budget heading to provide 
assistance to victims of torture and support for their physical, psychological and social 
rehabilitation The Community approach is to work with specialized organizations which 
help local bodies during the preparatory and initial stages of implementation, and which 
generate awareness, research and documentation initiatives. 
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2. Priority target groups for awareness campaigns 
- journalists, judicial officers, military and police personnel 
56. Freedom of the press and of information, the independence of the judiciary and the 
subordination of the armed forces to civil authority are essential components of the rule 
of law and democracy. 
57. Fully aware of the role played by journalists in disseminating the virtues of tolerance 
and peaceful coexistence among the different groups that make up society, the 
Community supports numerous projects, particularly in Africa, former Yugoslavia and 
Latin America, aimed at training media professionals in their role as catalysts of the 
democratic process. 
58. In the same spirit, Community-backed projects targeting magistrates, judges and the 
judiciary in general focus on education, training and awareness. Keen to respect the 
identities of different regional systems, the Community supports original legal defence 
institutions such as the ombudsmen of Latin America, Also of significance in this 
connection is the Essen European Council's decision to make it possible to fund Phare 
projects in areas relating to justice and home affairs. These would include judicial 
cooperation. 
59. The armed and police forces also play a vital role in society, particularly with regard 
to respect for individual freedoms. It is therefore essential to develop projects aimed at 
increasing their awareness of basic rights that take due account of the specific nature of 
their tasks. For example, in Central America the Community is carrying out a multiannual 
programme for the promotion of human rights, with the emphasis on education and 
awareness projects targeting members of the police, the armed forces, the judiciary and 
the prison service. Such activities have been extended to the countries of South America. 
3. Instruments 
60. To carry out these activities, the European Community has a wide range of 
instruments at its disposal, including œntractual relations with non-member countries and 
involving its own financial resources. 
(a) relations with non-member countries 
61. The European Community's contractual external relations have gradually been 
deepened in line with the dictates of experience, with the result that each agreement acts 
as the instrument of a general approach to political, social and economic development. 
They are recognized among the intemational community for their originality, j nicularly 
in respect of their approach to human rights. 
62. In response to the European Parliament's request and in the light of discussion in the 
Council, on 23 May 1995 the Commission adopted a communication "on the inclusion 
of respect for democratic principles and human rights in agreements between the 
Community and third countries".6 This text refers to the basic references to human rights 
OOM(95)216 final. 
15 
underpinning the Community approach, and highlights the development that lias taken 
place since 1992, with a clause defining human rights as an "essential element" of the 
Community's contractual relations being included as a matter of course in agreements; it 
then assesses the practices of the last two years. 
63. The conclusions of this communication provide for an extension of the legal scope 
of the wording intended to be included in all future draft negotiating directives for 
Community agreements with non-member countries. This would see the "essential 
element" clause supplemented by an article regarding non-execution, accompanied by two 
interpretative declarations. The conclusions furthermore concur with the document 
approved by the Council on 29 May 1995.7 They are designed to improve the consistency, 
transparency and impact of Community policy, while at the same time allowing for the 
sensitivity of the countries concerned and respecting the principle of non-discrimination. 
The proposed system will promote positive action, with human rights and democratic 
principles included as an "essential element" of the agreements, a subject of shared 
interest and an integral part of the dialogue between the parties. This approach should be 
seen not as imposing conditions, but in the spirit of a joint undertaking to respect and 
promote universal values. 
64. The corollary to this positive approach is the option of taking appropriate measures 
in response to serious and persistent violations of human rights or interruptions of the 
democratic process. The range of measures available is sufficiently broad to allow for a 
graduated response in line with the gravity of the situation, from confidential or public 
approaches to interventions in intemational forums and participation in intemational and 
regional enquiries. Where contractual relations are concerned, the Community can also 
postpone the conclusion of an agreement, change the content of cooperation programmes 
and even, where intemational law allows, suspend trie agreement. When adopting such 
measures, the Community is careful not to penalize the population for the behaviour of 
its government, channelling its contributions through civil organizations. 
65. The same innovative approach is reflected in the more recent Regulations defining 
the framework for technical assistance and financial cooperation. Although they are 
unilateral measures, they contain explicit references to respect for human rights and 
democratic principles as an essential element of cooperation. They provide for the 
possibility of taking appropriate action, including suspension of cooperation, particularly 
where human rights and democratic principles are seriously violated. This formula is used 
in Regulation 443/92 of 25 February 1992 (Asia and Latin America), the Tacis 
Regulation (former Soviet Union and Mongolia) and the proposed MEDA Regulation 
(non-member Mediterranean countries). 
65 (a). The system agreed between the ACP countries and the European Union in the 
recently completed negotiations for the mid-term review of Lomé IV is particularly 
elaborate. It provides not only for the inclusion of respect for human rights and 
democratic principles as an "essential element" of relations between the parties, but also 
for a "suspension" clause and a very detailed consultation mechanism based on parity 
between the parties. In line with the conclusions of the communication of 23 May 1995, 
this mechanism puts the emphasis on dialogue as the means of finding a solution before 
Doc 7255/95, Council (General Affairs). 
16 
any negative steps are taken, except in cases of special urgency; the suspension of 
cooperation is seen oniy as a last resort. 
66. Nor does the reassessment process stop there: the Community institutions and the 
international forums are also debating the inclusion of respect for, and promotion of, 
fundamental social rights in contractual relations with third countries. The aim here is to 
help stamp out the exploitation of children and various kinds of forced labour, and to 
promote the freedom to form unions and the right to collective bargaining, in line with 
the relevant ILO conventions. The debate is still open, as the developing countries have 
expressed reservations, fearing a form of disguised protectionism designed to deprive 
them of the competitive advantage they gain from low wages. 
67. This debate is also reflected in multilateral dealings. Over and above existing 
provisions, it is also the case that under the reformed Community GSP scheme countries 
lindertaking to respect ÎLO conventions on freedom to form unions, the right to collective 
bargaining and child labour will benefit from certain additional trade concessions. The 
application of these provisions has been deferred to January 1998 to enable the countries 
concerned to adapt their policies accordingly, Both, the Declaration issued by the World 
Conference on Social Development held in Copenhagen in March 1995 and the Platform 
of Action of the Beijing Conference include an undertaking to promote compliance with 
the ILO conventions on forced and child labour, union freedom, the right to collective 
bargaining and the principle of non-discrimination, which contains aspects relative to the 
impiementation of Convention n°100. 
68. The Commission intends to pursue this debate. To mat end, it will report on the 
results of the surveys carried out by international bodies like the ILO, the WTO and the 
OECD. 
(b) financial resources 
69. The resources of the Community' budget also constitute an instrument of "positive 
action". On the initiative of the European Parliament, a constantly increasing part of those 
resources will be allocated to the Chapter entitled "European initiative for human rights 
and democratization", earmarked for the promotion of human rights and democracy and 
covering a number of themes and geographical areas. The various Commission 
departments involved will consult each other to set joint guidelines, identify common 
project selection criteria and references, and harmonize procedures for the use of these 
resources. 
70. Other resources taken from financial and technical assistance and cooperation 
appropriations are used to serve the same objectives 'fliese resources - notably 
appropriations linked to financial regulations in which human rights are specifically 
mentioned - were initially used to promote economic, social and cultural rights, but are 
now increasingly frequently allocated to projects promoting the rule of law and the 
protection of vulnerable groups. 
17 
71. A number of reports are published annually on the use of these financial resources. 
The broad themes are covered horizontally by reports on the implementation of projects 
promoting human rights and democratization (1992-93, 1994) and by reports on the 
follow-up to the resolution on human rights, democracy and development adopted by the 
Council and the Member States meeting within the Council on 28 November 1991 (1992, 
1993, 1994). With non-governmental organizations (NGOs) in mind, the Commission is 
making efforts to improve the information on the various sources of Community financing 
available. One move in this direction is the Digest of Community Resources Available 
for Financing NGO Activities.8 
April 1995 edition: VHI/222/95 EN 
18 
CHAFIERH: THE OUTLOOK9 
Section A: The development of new themes 
72. The international community is increasingly aware of the impact of human rights on 
international and regional peace and security and on the political stability, social and 
economic development and general situation of individual countries. 
73. This awareness goes hand in hand with a greater interest in the preventive aspects 
of measures taken to promote respect for human rights and democratic principles. At the 
same time, as a result of the commitment to intervening at the earliest possible stage, 
measures supporting and accompanying the transition to democracy have been stepped 
up. 
74. The idea of prevention is of course not new, and any policy for the promotion of 
human rights necessarily has something of a preventive character. However, as a result 
of closer analysis of this issue, a multi-dimensional overall strategy has been developed, 
embracing human rights, security, development and the environment, and new 
possibilities opened up for the original initiatives described below. 
1. The "human rights" component of conflict prevention and reacting to crises 
75. Many conflicts are rooted in a background of widespread violations of fundamental 
human rights. These violations lead to conflict, which leads to further violations, thus 
creating an often irreversible spiral of violence. Most of the conflicts that have erupted 
over the last few decades have done so because of predictable tensions that could have 
been controlled. Prevention is not a luxury. On the contrary, it is much less expensive - in 
terms of human lives and material damage - than dealing with conflict and its aftermath. 
76. The key to handling crises and imminent crises is rapid reaction and "active 
prevention" through the rapid implementation of targeted measures. By way of example, 
the Community took part in sending a team of monitors to Rwanda in order to create an 
element of impartiality and trust against a backdrop of serious and persistent violations, 
the aim being to be calm tensions and speed up the return of the refugees. Counter-
measures are also a component of prevention, particularly in instances in which leaving 
the perpetrators of violence unpunished creates a climate of danger which acts as a 
breeding-ground for more violence. The seriousness of these phenomena led to the 
establishment, through UN Security Council resolutions, of ad hoc international tribunals 
for former Yugoslavia and Rwanda to try cases of serious human rights violations and 
breaches of humanitarian law. The European Union actively supported these significant 
new departures in international law, and the Commission took specific steps to help the 
tribunals begin operating. The recent advances in the United Nations' efforts to establish 
international criminal court machinery have been welcomed by the European Community. 
The European Parliament in particular has expressed its opinion on this issue on several 
From this point on, text in italics denotes a proposai that will be taken by the Commission 
as a guide throughout me rest of its term. 
19 
occasioas10 and a budget heading specifically intended to support international NGOs 
working towards the establishment of such court machinery has ben added to the 1995 
budget. 
77. These new departures are often difficult to translate into action and can have an 
effect which is more symbolic than tangible, but they are parallelled by long- and 
medium-term measures with a different focus: that of seeking to create a climate of trust 
and "democratic security", with the emphasis on action rather than reaction, continuity 
rather than scattered, one-off initiatives that are never followed up These concerns lie 
at the root of initiatives such as the multiannual programme for the promotion of human 
rights in Central America and the rehabilitation programme for South Africa. 
78. Defending and promoting human rights is also a means of tackling the huge 
movements of population which are caused by crisis and conflict. Action in this area 
looks at the underlying causes of such forced migration, as is evident from the recent 
Commission communication on immigration and asylum policies,11 which stresses the 
particular importance of close coordination of asylum and immigration policy with policy 
regarding the promotion and protection of human rights, 
79. As part of its general strategy of supporting the rule of law and democratic 
freedoms, the Commission proposes to conduct an in-depth analysis of crisis prevention, 
particularly with regard to the nature, quality, financing methods and implementation 
procedures of its activities in this field Generally speaking there is a need for more 
consultation among the European Union bodies concerned, including Parliament and the 
Council, on analysis and active prevention skills at Union level. 
2. Electoral assistance 
80. Electoral assistance is remarkably effective, with a strong political impact that boosts 
the electorate's confidence and has a much higher profile than traditional initiatives. 
81. This type of operation, the political character of which has become more pronounced 
over the years, illustrates the "hands-on" approach adopted by an intemational community 
committing itself to actively supporting the transition to democracy. 
82. Electoral assistance is part of a general strategy aimed at promoting the rule of law 
and democratic freedoms. The concept has gradually been broadened to cover the 
evolution from the coming of age of a civil society, the implementation of institutional 
reforms to the consolidation of the transition. Between 1992 and 1994 the European 
Community provided what was basically technical assistance to 41 countries through 
specialized bodies, thus instigating a whole series of projects linked to the pre-eiectoral 
and post-electoral phases and helping to create a climate favourable to the transition to 
democracy and its consolidation after the elections. Such projects include support for the 
independence of the judiciary, the development of a civil society, the electoral 
participation of women (as candidates and as informed electors), media awareness, civic 
education and the establishment of parliamentary institutions. 
10 M-i recently in a resolution of 13 July 1995, PE 192.560. 
11 CmK94>23 final. 
20 
83. The political dimension of this type of project was enshrined in the first joint actions 
approved by the European Union under its common foreign and security policy, three of 
which concerned electoral assistance: to Russia (December 1993), South Africa 
(May 1994) and the Middle East peace process (currently under preparation). These 
activities give the Union's electoral assistance its own distinctive identity. 
84. The Commission will identify intervention "modules" that can be inserted into 
programmes that are tailored to the specific requirements of the pre-electoral and post-
electoral phases in different regions. The objective of these programmes will be to create 
a climate favourable to the transition to democracy and its consolidation after the 
elections. Particular attention will be given to ensure the active participation of all actors 
in a civil society and notably women, whose access to influencid positions is an 
important indicator of the degree of democracy. 
85. As regards human rights and electoral monitoring missions, Community action 
should aim to: 
- speed up deployment on the spot by setting up reserve lists of qualified monitors 
selected on the basis of objective criteria; 
- carry out structured training programmes following a common pattern for all 
kinds of missions, followed by specialized training in the fields concemed; 
- professionalize the legal and logistical input by creating "modules" for the 
different situations that may arise; 
- standardize procedures to ensure overall consistency; 
- complement the activities of intemational and regional institutions. 
Section B: Consistency and impact 
86. The role played by the European Union in protecting and promoting fundamental 
rights reflects not only the political will expressed in the Union Treaty, but also the 
positions taken by the institutions and the expectations of public opinioa This role has 
taken shape in the first joint actions launched under the common foreign and security 
policy, and in the general strategy that has been built up for the Community's 
development cooperation policy. 
87. The challenge facing the Union is of considerable magnitude. Girded with a political 
commitment built on universal and regional texts, and with a wide range of instruments 
and substantial resources at its disposal, the Union is under the obligation to focus its 
efforts on defining and implementing a strategy guaranteeing the consistency, impact and 
efficiency of its activities in this field, and the openness and transparency of its dealings. 
88. The short-term future will reveal the extent to which the Union is capable of 
honouring its commitments, achieving its objectives and using its instruments in a 
transparent, non-discriminatory manner. We will soon know if the resources available to 
the Union will enable it to intervene effectively in the medium-to-long term and to react 
to emergencies with the desired results. 
1. Building a strategy for action 
89. Defining a strategy involves improving consistency, quality, impact and visibility. 
while strengthening the instruments concerned to equip the Union with the wherewithal 
to launch medium-to-long-term programmes and to react to short-term situations. 
21 
90. This will require: 
- in-depth analysis of human rights issues in order to develop a range of 
instruments tailored to the specific needs and features of the countries and regions 
concemed; 
- an efficient interface between thematic and geographical aspects to help develop 
the Unions ability to intervene in situations requiring a rapid response; 
- transparency on the information front and allowing for institutional objectives 
when determining the priorities for action, notably by means of constructive 
dialogue with the European Parliament, perhaps based on the systematic inclusion 
of human rights issues in the Parliament's action programme; 
- greater consistency between the positions taken by the Union in intemational and 
regional forums and the measures taken at Community level. 
91. In particular, to improve the quality and impact of the Unions actions in this field, 
it is essential to: 
- take advantage of the experience built up in developing evaluation skills specific 
to human rights projects; 
-provide the analytical capacity and expertise in preventing crises and identifying 
needs and priorities in the light of the specific features of the countries and regions 
concemed; 
- set up effective specialist human rights and democratization teams; 
- promote exchanges of information with the Member States to ensure that the 
action taken by the Union as a whole is consistent. 
92. Consistency and visibility go hand in hand. Community action will be seen all the 
more clearly from the outside if it is consistent, properly targeted and coordinated. 
2. Upgrading and extending EU instruments 
93. The definition of a strategy involves making the best possible use of the available 
instruments and, if necessary, looking for new methods. 
(a) contractual relations with non-member countries 
94. The inclusion of human rights in the Community's contractual external relations is 
one of the most visible ways in which it demonstrates its commitment to the issue. This 
requires special analysis with a view to: 
- defining the criteria that must be met before establishing contractual relations 
thereby enabling a non-discriminatory approach; 
- evaluating the measures taken by our partners. 
95. On the first point, the question is should we determine in advance the appraisal 
criteria, or is the very act of initiating negotiations with a country liable to have a 
beneficial impact on the way the situation develops? One condition does seem to be 
essential: the country concemed must make a clear commitment to the democratization 
process and undertake to respect the intemational principles and œmmitments to which 
it has subscribed. For example, accession to certain intemational conventions on the 
protection of human rights might be taken as evidence of such a commitment. 
22 
96. In the light of the relevant intemational and regional guidelines, continuous dialogue 
with the country concemed should, if necessary, help identify jointly the priorities for a 
partnership programme and/or for specific projects on human rights and democracy. 
97. The implementation of these projects, and the extent to which the country concerned 
achieves its own objectives in this area, provides the basis for an assessment of the 
progress that has been made: positive results should lead to increased support, but where 
the country concerned has failed to respect its commitments the application of appropriate 
measures should be considered. 
98. Consultation is therefore essential when conceiving and implementing a programme. 
This is the only way of promoting a flexible approach that makes due allowance for the 
cultural sensitivities and specific needs of the countries concerned, while ensuring that 
the Union's priorities are also respected. 
(b) financial resources 
99. The increasing financial resources available for human rights projects have 
considerably broadened the scope of such projects in both geographical and thematic 
terms. We now need to assess whether those resources, used in accordance with the 
provisions of financial regulations and the principle of budgetary transparency, allow us 
to act effectively in the medium-to-long term, respond to emergencies, ensure our 
instruments complement each other and at the same time encourage the recipient 
countries. 
100. Initiatives promoting the rule of law, democracy and human rights often require a 
degree of flexibility that is hard to reconcile with the constraints accompanying the use 
of financial instruments. Flexibility is essential for short-term and longer-term measures 
alike; the former require immediate access to funds and the latter entail a degree of 
continuity for periods of more than one financial year. It is vital to consider any options 
that will produce the kind of financial instruments that are best suited to the task in hand. 
101. The needs of medium-to-long-term measures are met by the existing technical 
assistance regulations and the availability of development cooperation funds, which 
provide continuity in the Union's geographically determined activities through the 
implementation of multiannual programming. On the other hand, there is no "rapid 
reaction" system, and we need to find a quick-release mechanism for mobilizing the funds 
needed, for example, when sending out monitoring teams in response to situations such 
as "political" trials, serious human rights violations and conflict prevention. 
102. Another aspect of flexibility is the capacity to adapt to the specific requirements 
that can arise - in terms of both recipients and allocation and evaluation procedures - in 
the human rights context, while continuing to respect the principle of budgetary 
transparency. Due allowance must be made for the individual cliaracteristics of recipients 
who, with Community support, are carrying out projects for the protection and promotion 
of human rights, in particular their non-profit-malring nature. In the same way, human 
rights projects are quite different from infrastmcture construction programmes, and the 
evaluation and selection criteria should therefore be based on a different approach. 
103. It is also important to ensure that the different types of instrument deployed 
complement each other. Problems arise when the budget remarks concerned contain 
23 
general references to human rights, the only differentiating factor being the geographical 
area involved. A solution might be to introduce a hierarchical system for the use of these 
instruments. Thus, innovative projects might, as a matter of course, be initially financed 
on a limited scale from special budget headings, before being developed on a larger scale 
if they prove successful, using technical assistance or development cooperation funds. 
104. Another aspect of funding that needs careful consideration is the idea of making 
certain amounts available as an incentive. This idea was suggested in the Council 
resolution on human rights, democracy and development of 28 November 1991, which 
stressed the importance of encouraging or "rewarding" progress. This formula has now 
been incorporated for the first time into the draft for the revised Lomé IV, which provides 
for funding to be made available an as incentive to institutional and administrative 
reforms carried out as part of a democratization process or measures to consolidate or 
establish the rule of law. This funding will be released only if the ACP country concerned 
has earmarked some of its Lomé development funds to such reforms, and is therefore 
designed to supplement that country's national indicative programme resources. This 
system is entirely in line with the Community's positive approach and further strengthens 
the links between democracy, human rights and development. It might fruitfully be 
extended to countries or groups of countries other than those covered by the Lomé 
Convention. 
105. In short, for the various financial instruments promoting respect for human rights 
to be used to best advantage,: 
- they must be flexible to ensure their compatibility with the specific objectives 
pursued and guarantee in particular the availability of financial resources at a 
minimum of notice in case of urgent operations, and be adjustable to the specific 
requirements of human rights issues; 
- they must complement each other (technical assistance, development cooperation 
funds, specific "human rights" headings, etc.) so as to avoid duplication and ensure 
continuity of the desired impact; 
- amounts must be made available as an incentive and granted in respect of 
progress achieved by way of reward, particularly in such areas as institutional 
reform, establishing the rule of law and democratization; 
- there must be transparency of information relating to the various sources of 
funding and their use. 
3. Cooperation with various partners 
106. If the Union's actions are to be effective, our partners - regional and international 
bodies, national authorities and grassroots organizations - must also be involved in an 
open and constructive dialogue that generates synergies and ensures that the different 
measures taken by these bodies complement each other. 
107. Human rights are the province of a number of international organizations, and it is 
important that we benefit from the expertise and experience of each of them in order to 
avoid duplication or even conflicting positions. We must develop our contacts with the 
United Nations, OSCE, Council of Europe and other regional bodies such as the OAS and 
the OAU, coordinating our activities to improve their impact and supporting regional 
initiatives, which are the best placed to respond to local needs. 
24 
108. The Community's most important partners are therefore the recipient countries 
themselves, which are responsible for their own democratic development and their own 
human rights situation. It is they that work the levers that allow them to react to problems 
on the ground. The dialogue between the European Union and partner countries is a key 
factor in the promotion of human rights and democratic values, which is why it is of 
capital importance that we maintain and step up this dialogue with national authorities 
and institutions; in this way, in line with our international commitments and with due 
respect for our partners' cultural identities, we can identify common priorities and thus 
draw up programmes for practical action. 
109. The European Community also maintains close links with the grassroots in all its 
forms, particularly non-governmental organizations, which have become steadily more 
involved in the promotion and protection of fundamental rights, both on the ground and 
in the context of the regional and international institutions concerned. Their contribution 
to the establishment, consolidation and defence of the rule of law is of the utmost 
importance, as is their role as spokesmen for the underprivileged. Their ability to identify 
real needs, adapt to different situations and assess the progress made by their projects on 
a day-to-day basis makes them key players in the promotion and defence of fundamental 
rights. 
110. Initially confined to development cooperation and humanitarian aid, the 
Community's partnership with grassroots organizations has gradually been extended to 
new areas such as the protection of the rights of vulnerable groups, the promotion of 
democratic freedoms and support for the electoral process. As part of its activities 
promoting the rule of law, the European Community also helps establish and consolidate 
non-governmental organizations as a key component of a democratic civil society. 
111. In the light of the above, the Commission will seek to improve its synergetic links 
with intemational and regional organizations by developing its dialogue with them in 
order to identify the relevant needs and priorities. These include: 
- supporting bodies that monitor and promote human rights; 
- promoting medium- and long-term programming of priority activities to be 
implemented jointly with regional and intemational organizations; 
- developing the ability to respond with one-off operations; 
- stepping up exchanges of information on activities under way and on relevant 
research projects. 
112. The dialogue with non-governmental organizations should be stepped up with a 
view to identifying their priorities and needs. 
25 
113. This communication has been drafted at a time of conflicting trends; in Europe, 
fifty years of peace is the backdrop to violent conflicts at the heart of the continent; 
elsewhere in the world, democracy and individual freedoms are blossoming, yet 
fundamental freedoms continue to be violated on a large scale and fanaticism and 
intolerance are resurgent. 
114. This paper is put forward to the Community institutions as a pledge for the future, 
designed to promote a human dimension that reflects the traditions and aspirations of the 
people of Europe. 
115. Irrespective of the European Union's ambitions, it will achieve results only with the 
active participation of all its institutions and the support of a committed and responsible 
public. 
116. This communication is addressed to the Council and to the European Parliament. 
26 

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