Communication from the Commission to the Council and the European Parliament - Reinvigorating EU actions on Human Rights and democratisation with Mediterranean partners - Strategic guidelines
Date: 2003-05-21
Institutions: European Commission
Subjects: EU programme, Mediterranean third countries, Union for the Mediterranean, association agreement (EU), democratisation, human rights, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.05.2003
COM(2003) 294 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Reinvigorating EU actions on Human Rights and democratisation
with Mediterranean partners

Strategic guidelines

1. 

INTRODUCTION

The  Nice  Charter  on  Fundamental  Rights  of  December  2000  establishes  that  the  Union  is
founded on the principles of freedom, democracy, rule of law and respect  of Human Rights
and fundamental freedoms. Thus the promotion of democracy, the rule of law and the respect
of Human Rights and fundamental freedoms constitutes one of the core objectives of the EU's
external  policies.  The  Commission’s  Communication  of  8  May  2001  on  the  European
Union’s Role in Promoting Human Rights and Democratisation in Third  Countries1 set  this
objective in the context of the Commission’s overall strategic approach in external relations
for  the  coming  years.  The  Communication  invites  the  Union  to  place  a  higher  priority  on
Human Rights and democratisation in its relations with third countries and to take a more pro-
active approach. The Council Conclusions on the European Union's role in promoting Human
Rights and Democratisation in third countries of 25 June 2001 welcomed the Commission's
Communication  and  reaffirmed  the  EU's  determination  to  promote  stable,  democratic
environments, founded on the full enjoyment of Human Rights.

The present Communication sets out working guidelines to achieve this goal in co-operation
with the EU’s partner countries in the Mediterranean region. The Communication also aims to
address some of the challenges raised by the recent UNDP Arab Human Development Report
2002, which pointed to important shortcomings on issues such as governance, Human Rights,
democratisation, gender and education in the Arab World.

Human  Rights  and  fundamental  freedoms  form  an  integral  and  essential  part  of  the
framework governing relations between the European Union  and its Mediterranean partners,
both  within  the  regional  context  of  the  Barcelona  process/Euro-Mediterranean  partnership,
and through the bilateral Association Agreements concluded or under negotiation with all the
Mediterranean partner countries. The Commission’s Communications to prepare the meetings
of  Euro-Mediterranean  Foreign  Ministers  in  Marseilles  of  15-16  November  20002  and
Valencia  of  22-23  April  20023,  as  well  as  the  resulting  Conclusions  and  the  Action  Plan4
agreed at Valencia by all participants, reaffirm these joint commitments and point to a need
and  a  will  to  reinforce  efforts  in  the  area  of  promotion  of  Human  Rights.  The  present
Communication  also  takes  into  account  the  results  of  two  seminars  organised  by  the
Commission  with  Euro-Mediterranean  civil  society  held  in  Amman  and  Casablanca  during
2002. Finally, the Communication follows the new vision on Wider Europe adopted recently
by the Commission5.

1

2

3

4

5

COM(2001) 252 final.
COM(2000) 497 final "Reinvigorating the Barcelona Process".
SEC(2002) 159 final.
Council Secretariat document EURO-MED 2/02 of 24 April 2002.
COM(2003) 104 final of 11-3-2003.

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Building on  joint  commitments,  the  present  Communication  outlines  guidelines  for  the  best
use  of  the  instruments  that  are  at  the  disposal  of  the  EU  and  its  Mediterranean  partners  to
effectively  implement  their  common  goal  of  the  promotion  of  democratisation  and  the
promotion and protection of universal Human Rights and fundamental freedoms. It proposes
10  concrete  recommendations  to  improve  the  dialogue  between  the  EU  and  its
Mediterranean partners, as well as EU financial co-operation on Human Rights issues.
Its  implementation  will  be  enhanced  by  three  levels  of  complementarity:  between  the
political  dialogue  and  financial  assistance,  between  the  MEDA  programme  and
assistance  under  the  European  Initiative  for  Democracy  and  Human  Rights  (EIDHR),
and finally between the national and regional dimensions.

The Mediterranean countries covered by this document are those Barcelona partners that are
not acceding countries or candidates for EU accession,6 that is: Algeria, Egypt, Israel, Jordan,
Lebanon, Morocco, Syria, Tunisia and the Palestinian Authority.

2. 

MAIN  HUMAN  RIGHTS  AND  DEMOCRATISATION  ISSUES  FOR  THE
REGION

The  situation  with  respect  to  Human  Rights  and  democratisation  in  the  MEDA  countries  is
varied  and  complex,  but  it  is  possible  to  identify  certain  broad  trends.  The  UNDP  Arab
Human  Development  report  of  2002  concluded  that,  although  substantial  progress  has  been
made in some areas, further economic and social development is hampered by deeply rooted
shortcomings  in  the  structures  of  governance  in  the  Arab  world.  The  report  identifies  three
"deficits"  relating  to  freedom,  empowerment  of  women  and  knowledge.  It  concludes  that
thorough  reform  and  consolidation  of  governance,  strengthening  political  and  economic
freedoms and improving public participation are all essential for achieving lasting economic,
social and human development.

The  Arab  countries  fall  considerably  below  world  average  on  all  of  six  variables  of
governance used in the UNDP report, except for “rule of law” where they slightly exceed the
average. In many MEDA countries, a powerful executive branch exerts significant control and
is  subject  to  inadequate  checks  and  balances  from  the  legislative  and  judicial  branches.
Obsolete norms of legitimacy can prevail. Representative democratic structures are weak and
not always genuine. Women remain marginalised in economic and political structures and are
broadly discriminated against in law and custom.

The long standing international consensus that Human Rights and fundamental freedoms are
universal, indivisible and interrelated is reflected in the fact that most MEDA countries have
ratified  most  major  international  Human  Rights  instruments,  and  universal  Human  Rights
principles are enshrined in constitutions, legal codes and government pronouncements. Some
positive  steps  are  being  taken  in  the  area  of  Human  Rights,  with  MEDA  partners  such  as
Morocco,  Jordan  and  the  Palestinian  Authority  engaged  in  a  broadly  positive  process  of
relevant reforms.

6

For  Turkey,  candidate  country  for  EU  accession,  Human  Rights  and  democratisation  issues  are  dealt
with on the basis of the  Copenhagen  political  criteria  in  the  framework  of  the  pre-accession  strategy.
Malta and Cyprus are countries in the process of acceding to the EU.

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However,  generally  speaking,  the  implementation  of  Human  Rights  standards  in  the  region
falls  short  of  compliance  with  international  norms.  Promotion  of  democracy  and  Human
Rights is complicated by the fact that religious extremism has emerged as a powerful political
alternative. A tension between internal security concerns and the promotion and protection of
Human  Rights  can  result  in  negative  consequences  in  human  rights  terms,  particularly
apparent  under  the  umbrella  of  the  "war  on  terror"  in  the  wake  of  September  11th  2001.
Freedoms  of  expression  and  association  are  frequently  curtailed,  mainly  by  resorting  to
emergency legislation. Human Rights defenders and NGO's practising advocacy in the human
rights  field  face  legal  and  administrative  constraints,  are  frequently  marginalised  and
sometimes repressed.

A quick analysis country by country would confirm insufficient progress as regards regulatory
frameworks (and  their  application),  institutional  capacity,  educational  activity,  and  levels  of
participation of civil society in the promotion and protection of Human Rights.

The situation could be summarised as follows:

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– 

– 

– 

– 

– 

– 

– 

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Deficits  in  governance  hamper  the  development  of  democratic  values,  and  the
promotion and protection of Human Rights;

Marginalisation of women undermine political representation and hamper economic
and social development;

Implementation of international Human Rights conventions is poor;

Legal and judicial systems lack sufficient independence;

NGOs working in the civil and political spheres are weak, severely circumscribed in
their action and cut off from international networking;

Education, though relatively better funded than in many other developing countries,
is unevenly dispensed, does not serve to overcome traditional discriminatory patterns
and is ill adapted to the requirements of the modern economy7;

Authoritarianism  and  poor  economic  and  social  performance  favour  political
marginalisation and provide fuel for radical movements and violence;

Some  political  interpretations  of  Islam  exploit  cultural  differences  to  question  the
universality of Human Rights.

UNDP recommendations on education are of crucial importance for the region. The Commission  will
address these recommendations within the framework of the MEDA Regional and National Indicative
Programmes.

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Compared to the other MEDA partners, Israel presents distinct characteristics. It functions as
a  well  established  parliamentary  democracy,  with  an  effective  separation  of  powers,  a
functioning system  of  governance,  and  active participation of  NGOs  and  civil  society  in  all
internal aspects of political and social life. However, Israel’s compliance with internationally
accepted standards of Human Rights is not satisfactory. Two important specific areas need to
be tackled.  Firstly, the issue  of  reconciling  the  declared  Jewish  nature  of  the  State  of  Israel
with the rights of Israel’s non-Jewish minorities. Secondly, the violation of Human Rights in
the  context  of  the  occupation  of  Palestinian  territories.8  There  is  an  urgent  need  to  place
compliance  with  universal  human  rights  standards  and  humanitarian  law  by  all  parties
involved in the Israeli/Palestinian conflict as a central factor in the efforts to put the Middle
East peace process back on track. This will require a special effort by the EU and the setting
up of an appropriate strategy.

Fig. 1:

Summary of UNDP report

The  UNDP  Arab  Human  Development  report  2002  concludes  that  Arab  countries9  suffer  from  a  freedom  deficit.  This  is
characterised by a poor record in terms of governance and fundamental freedoms.

Political participation is less advanced in the Arab world than in any other region. Representative democracy is not always
genuine and sometimes absent. Obsolete norms of legitimacy prevail. Political systems have begun to open up but the process
remains heavily regulated and partial. Mass mobilisation type of regimes still exist, freedom of association is restricted and
the ballot box is not a common means of transfer of power.

The  Arab  countries  fall  considerably  below  world  average  on  all  of  six  variables  of  governance  used  in  report  (quality  of
institutions, graft, rule of law, regulatory burden, government effectiveness, political instability), except for the “rule of law”
where they manage to slightly exceed the average.

Freedoms of expression and association are frequently curtailed. NGO’s and civil society actors face numerous constraints.
Public  authorities’  attitudes  range  from  opposition  to  manipulation  to  freedom  under  surveillance.  The  laws  governing
NGO’s have become an important issue. While social assistance oriented organisations tend to be better accepted, advocacy
oriented organisations are mistrusted by the authorities and shunned by private donors, forcing them to turn to international
financing which deepens the hostility of the authorities and widens the communication gap with society. (Summary prepared
by Commission's services)

3. 

FRAMEWORK FOR E.U. ACTION

3.1. 

General Context

The EU is committed to the promotion of democracy, good governance and the rule
of law as well as the promotion and protection of all Human Rights: civil, political,
economic,  social  and  cultural.  The  Council  has  approved  a  number  of  important
documents  which  guide  EU  action  in  specific  thematic  areas  in  the  Human  Rights
field10.  In  particular,  the  EU  places  great  importance  on:  the  abolition  of  the  death
penalty,  the  fight  against  torture  and  inhuman  treatment,  combating  racism,
xenophobia  and  discrimination  against  minorities,  the  promotion  and  protection  of

8

9

10

In this context, the European Union has repeatedly drawn attention to the human rights obligations of
all  parties  to  the  conflict,  inter  alia  through  its  resolutions  and  statements  at  the  UN  Commission  of
Human Rights in Geneva and at the IIIrd Committee of the UN General Assembly.
Algeria,  Bahrain,  Comoros,  Djibouti,  Egypt,  Iraq,  Jordan,  Kuwait,  Lebanon,  Libya,  Mauritania,
Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, UAE, Yemen.
Guidelines  EU  policy  towards  third  countries  on  the  death  penalty,  General  Affairs  Council,
Luxembourg, 29 June 1998; Guidelines to EU policy towards third countries on torture and other cruel,
inhuman or degrading treatment or punishment, General  Affairs Council,  Luxembourg, 9 April  2001;
EU Guidelines on Human Rights Dialogues, Council of the EU, 13 December 2001.

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the rights of women and of the child and the protection of Human Rights defenders.
The EU fully recognises the crucial role played by civil society in the promotion of
Human Rights and democratisation.

The Commission Communication on “the EU's role in promoting Human Rights and
third  countries”11  set  policy  on  Human  Rights  and
Democratisation 
democratisation  in  the  context  of  the  Commission's  overall  strategic  approach  in
external relations for the coming years and recommended:

in 

– 

– 

– 

promoting  coherent  and  consistent  policies  in  support  of  Human  Rights  and
democratisation, notably between European Community policies and other EU
actions, especially the CFSP;

taking  a  more  pro-active  approach,  in  particular  by  using  the  opportunities
offered by political dialogue, trade and external assistance;

Adopting a more strategic approach to the European  Initiative for Democracy
and  Human  Rights  (EIDHR),  matching  programmes  and  projects  in  the  field
with EU commitments on Human Rights and democracy.

The  Council's  Conclusions  of  25  June  2001  welcomed  the  Communication  and
further reaffirmed its commitment to ensuring, inter alia, coherence and consistency
between Community action and CFSP as well as development policy through close
co-operation  and  co-ordination  between  its  competent  bodies  and  with  the
Commission; and to "mainstreaming" of Human Rights and democratisation into EU
policies and actions. The Council also emphasised the need for open dialogue, with
the  European  Parliament  and  with  civil  society,  as  an  element  in  the  establishment
and regular review of priorities on Human Rights and democratisation policy. In its
Conclusions  of  10  December  2002,  the  Council  further  welcomed  the  practical
measures  for  achieving these  objectives proposed by the Working  Party  on  Human
Rights (COHOM) in its report of 25 November 2002. These practical measures and
the EC Communication of 7.11.2002 on Non-State Actors12 (NSAs) have been fully
taken into account in the elaboration of the present Communication.

3.2. 

Regional context: The Barcelona process (Euro-Mediterranean Partnership)

High  among  the  objectives  of  the  Euro-Mediterranean  partnership  (Barcelona
process) are the creation of an area of peace and stability based on the principles of
Human  Rights  and  democracy,  and  the  development  of  a  free  and  flourishing  civil
society. The Barcelona Declaration of 28th November 1995, which initiated the Euro-
Mediterranean  partnership  is  underpinned  by  the  principles  of  representative
democracy,  human  rights  and  fundamental  freedoms  (fig.1).  The  Common  strategy
of the EU on the  Mediterranean Region adopted by  the  European  Council  at  Santa
Maria da Feira in June 200013 reaffirms these principles.

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12

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COM(2001) 252 final.
COM(2002) 598.
OJ L 183 of 22.7.2000

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Fig 2: Human Rights and Democracy in the Barcelona Declaration (1995).

The major objective of the creation within the Euro-Mediterranean region of “an area of dialogue, exchange and
co-operation  guaranteeing  peace,  stability  and  prosperity  requires  a  strengthening  of  democracy  and  respect
for Human Rights, sustainable and balanced economic and social development, measures to combat poverty
and promotion of greater understanding between cultures, which are all essential aspects of partnership”.

The participants undertake to:

– 

– 

– 

– 

– 

– 

act in accordance with the UN Charter and the Universal Declaration of Human Rights;

develop the rule of law and democracy within their political systems;

respect Human Rights and fundamental freedoms, including freedom of expression, association, thought,
conscience and religion;

give  favourable  consideration,  through  dialogue  between  the  parties,  to  exchanges  of  information  on
matters relating to Human Rights, fundamental freedoms, racism and xenophobia;

respect  and  ensure  respect  for  diversity  and  pluralism  in  their  societies  and  combat  manifestations  of
intolerance, racism and xenophobia;

The  participants  stress  the  importance  of  proper  education  in  the  matter  of  Human  Rights  and
fundamental freedoms.

Under the social, cultural and human “chapter”, participants:

– 

– 

– 

– 

– 

attach particular importance to fundamental social rights, including the right to development;

recognise  the  essential  contribution  civil  society  can  make  in  the  process  of  development  of  the  Euro-
Mediterranean Partnership;

will encourage actions of support for democratic institutions and for the strengthening of the rule of law
and civil society [….];

undertake to guarantee protection of all the rights recognised under existing legislation of migrants legally
resident in their respective territories;

underline the importance of waging a determined campaign against racism, xenophobia and intolerance
and agree to co-operate to that end.

to  prepare  for 

the  4th  and  5th  Euro-
The  Commission’s  Communications 
Mediterranean Conferences of Ministers in Marseilles (15-16 November 2000)14 and
Valencia  (22-23  April  2002)15,  as  well  as  the  recent  communication  on  “Wider
Europe”, call for greater prominence to be given to Human Rights, democracy, good
governance and the rule of law in the EU’s relations with its Mediterranean partners,
and  made  a  number  of  concrete  proposals  to  this  end.  These  covered  in  particular
systematic  discussion  of  Human  Rights  and  democracy  in  all  contacts  between  the
EU  and  the  partners  with  a  view  to  promoting  a  structural  approach  to  progress;
closer  linkage  of  MEDA  allocations  to  progress  in  these  fields;  setting  up  joint
working  groups  of  officials  between  the  EU  and  the  partners;  encouraging  the
signature, ratification and implementation of relevant international instruments; and
recognition of the role of civil society.

14

15

"Reinvigorating the Barcelona process" 6/09/00, COM(2000) 497 final; 13.2.2002.
SEC(2002) 159 final.

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In the Action Plan resulting from the Valencia conference Ministers reiterated their
firm political commitment to democracy, Human Rights and rule of law in the region
and  agreed,  under  the  political  and  security  chapter,  to  reinforce  political  dialogue.
They asked Senior Officials to study setting up a more structured dialogue in order to
increase effectiveness.

Fig. 3: Extract from the Valencia Communication (SEC (2002) 159 final, 13/2/02)

The situation in the region with regard to respect for Human Rights and democracy continues to give cause for
concern. With the exception of Cyprus and Malta, none of the Mediterranean partners has an entirely satisfactory
record  in  this  respect.  While  the  situation  varies  from  one  partner  to  another,  in  some  of  them  matters  have
actually deteriorated since the Ministerial meeting in Marseilles. The EU has expressed its concern to individual
partners on matters such as arrests and imprisonment without due process, unsatisfactory treatment of prisoners,
failure to control violence by extremist groups, extra-judicial killings by the authorities, application of the death
penalty,  restrictions  on  freedom  of  expression  and  association  as  well  as  issues  relating  to  the  rule  of  law  and
gender.

3.3. 

Bilateral legal framework – Association Agreements

The  multilateral  approach  in  the  Barcelona  Declaration  has  its  counterpart  in  the
bilateral  approach  to  Human  Rights  and  democratic  principles  expressed  in  the
Association  Agreements  already  concluded  or  in  the  process  of  being  negotiated
between  the  EU  and  its  Member  States  on  the  one  hand,  and  each  of  the
Mediterranean partners on the other16.

The  main  objectives  of  the  Association  Agreements  are  to  strengthen  the  links
between  the  EU  and  Mediterranean  partners  in  order  to  establish  long-lasting
relationships, based on reciprocity, solidarity, partnership and co-development. The
agreements  also  provide  a  structured  framework  for  regular  political  dialogue  on
bilateral  and  international  issues  of  mutual  interest.  This  political  dialogue  should
cover in particular the conditions to ensure peace, security, democracy and regional
development and should be used as a lever for reforms.

Since 1992, the EC  has  included in  all  its  agreements  with  third  countries  a  clause
defining  respect  for  Human  Rights  and  democracy  as  ‘essential  elements’  in  the
relationship.  The  “essential  element”  clause  stipulates  that  relations  between  the
parties, as well as all the provisions of the Agreement itself, shall be based on respect
for Human Rights and democratic principles, which guide the parties’ domestic and
international  policies  and  constitute  an  essential  element  of  the  Agreement.  This
clause confirms and develops the objectives of the Barcelona Declaration. It provides
a basis for developing dialogue and co-operation with the Mediterranean partners in
the areas of good governance, Human Rights and fundamental freedoms and the rule
of law.

16

Association  Agreements  have  entered  into  force  with  Tunisia,  Israel,  Morocco,  Jordan  and  the
Palestinian  Authority  (interim  agreement).  Agreements  have  been  signed  with  Egypt  (June  2001),
Algeria (April 2002) and Lebanon (June 2002).

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3.4. 

Instruments for co-operation

3.4.1.  MEDA

The MEDA programme17 is the principal financial instrument of the European Union
to support the implementation of the Euro-Mediterranean Partnership. MEDA offers
technical and financial support measures to accompany the reform of economic and
social  structures  in  the  Mediterranean  partners.  Most  MEDA  resources  are
channelled bilaterally to partners18, the balance being devoted to regional  activities,
in which all the partners are eligible to participate.

MEDA’s main objectives are directly derived from the 1995 Barcelona Declaration,
i.e.  to  accompany  political,  economic  and  social  reforms  in  the  partners  and  to
support the implementation of the Association Agreements. Like these Agreements,
MEDA co-operation is based “on respect for democratic principles and the rule of
law  and  also  for  Human  Rights  and  fundamental  freedoms,  the  violation  of  which
element will justify the adoption of appropriate measures”19.

Fig. 4: Human Rights and Democracy in the MEDA regulation

Objectives and rules for the implementation of Article 2 of the MEDA regulation (Measures of support) include:

– 

– 

– 

Strengthening  democracy,  respect  for,  and  defence  of,  Human  Rights,  in  particular  through  non-
governmental organisations in the European Community and the Mediterranean partners;

The development of co-operation in areas relating to the rule of law, such as co-operation in judicial and
criminal matters, the strengthening of institutions which guarantee the independence and effectiveness of
the judicial system, the training of national security services and civil protection.;

Good governance (…) by supporting key institutions and key protagonists in civil society such as local
authorities, rural and village groups,  mutual-aid  associations,  trade  unions,  the  media  and  organisations
supporting business, and by assisting in the improvement of the capacity of the public administration to
develop policies and manage their implementation.

In addition the Regulation specifies that gender aspects shall be included in the programming and implementation
of development co-operation, and that support for sustainable economic and social development shall include in
particular the participation of civil society and populations in the planning and implementation of development
measures. See annex II, EC 2698/2000

MEDA has not only financed economic and social programmes.  MEDA  is  also the
basis  for  important  ongoing  or  planned  programmes  on  Human  Rights  and
democracy  included  in  the  National  Indicative  Programmes  2002-2004  (NIPs)
notably with Algeria, Tunisia, Jordan and Egypt.

17

18

19

Council Regulation No 1488/96 as amended by Reg. (CE) N° 2698 (2000) of 27 November 2000.
This relates to  Algeria,  Egypt,  Jordan,  Lebanon,  Morocco,  Syria,  Tunisia,  Turkey  and  the  Palestinian
Authority.
Article  16  MEDA  regulation  amended  by  Council  Regulation  No  780/1998  stipulates  that  “when  an
essential  element  for  the  continuation  of  support  measures  to  a  Mediterranean  partner  is  missing,  the
Council  may,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,  decide  upon
appropriate measures.”

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Regarding  MEDA  regional  programmes,  the  Regional  Indicative  Programme  (RIP)
2002-2004  contains  a  number  of  actions  in  support  of  the  strengthening  of  Human
Rights and democracy. These are in particular the programmes on justice, combating
drugs,  organised  crime  and  terrorism,  as  well  as  co-operation  in  the  treatment  of
issues  relating  to  the  social  integration  of  migrants,  migration  and  movement  of
people  (launched  in  2002),  training  of  public  administrations  (2003),  and  Equal
Opportunities  for  Women  (2004).  Regional  activities  tend  in  general  to  associate
civil  society  in  the  implementation  of  the  programmes,  for  example  activities  on
cultural heritage, audio-visual co-operation and youth exchanges.

3.4.2.  The European Initiative for Democracy and Human Rights (EIDHR)

Established at the initiative of the European Parliament in 1994, the main aim of the
European  Initiative  for  Democracy  and  Human  Rights  (EIDHR)20  is  to  promote
Human  Rights  and  democratisation  in  third  countries,  in  particular  through  the
funding of the activities of non-governmental and international organisations. The
Initiative benefits from an annual sum of around € 100 million for activities world-
wide.

With  NGOs  as  its  principal  beneficiaries,  the  EIDHR  is  intended  to  work  in
complementarity with the bilateral assistance programmes of the Commission, such
as  MEDA.  Activities  under  the  MEDA  programme  are  negotiated  with  the  partner
government,  and  institutional  aspects  of  this  co-operation  are  mainly  channelled
through  governmental  and  state  institutions.  The  EIDHR  allows  funds  to  be
channelled directly to civil society actors and activities funded under EIDHR are not
subject  to  prior  negotiation  with  third  country  governments.  Thus,  for  example,
where bilateral funds are targeted towards judicial reform, the EIDHR can strengthen
the capacity of civil society to lobby and engage in this process.

4. 

GUIDELINES  FOR  THE  PROMOTION  OF  DEMOCRACY  AND  HUMAN
RIGHTS IN EU RELATIONS WITH MEDITERRANEAN PARTNERS

4.1. 

Dialogue between the EU and its Mediterranean partners

4.1.1.  Bilateral Dialogues

The  EU  engages  in  a  political  dialogue  of  varying  degrees  of  formality  with  all
countries  with  which  it  has  relations.  A  dialogue  on  Human  Rights  and
democratisation  should  be  pursued  in  a  coherent  and  consistent  way,  based  on
internationally agreed standards and instruments, and in particular those of the UN. It
should  aim  inter  alia  at  examining  the  respect  of  international  conventions  and
treaties to which partners have agreed and  the  pertinence  of  current  reservations  to
these treaties and conventions. The EU reserves the right to raise individual cases of
concern.  At  the  request  of  the  partners  the  EU  should  equally  be  ready  to  discuss
Human  Rights  issues  within  the  European  Union,  for  example  the  situation  of
immigrants in the EU.

20

EIDHR is based on Council Regulations EC No. 975/1999 and EC No. 976/1999 of 29 April 1999 – OJ
L 120/8 of 8th May 1999. The funds available for the Initiative are contained in Chapter B7-7 of the EU
budget.

10

                                                
The  “essential  element”  clause  in  the  Association  Agreements  gives  an  additional
basis  for  structured  bilateral  dialogue  on  Human  Rights  and  democracy  for  those
countries  where  Association  Agreements  are  in  force.  This  “essential  element”
clause,  along  with  an  additional  Article  on  action  to  be  taken  in  the  event  of  non-
compliance  with  the  obligation  of  the  Agreement21  and  a  joint  Declaration  on  this
subject, allows for either Party to take measures in response to a failure on the part of
the  other  to  respect  democratic  principles  and  Human  Rights.  However,  “essential
element”  clauses  do not  necessarily  suggest  a negative or punitive  approach –  they
can  be  used  to  promote  dialogue  and  co-operation  between  partners  through
encouraging  joint  actions  for  democratisation  and  Human  Rights,  including  the
effective  implementation  of  international  Human  Rights  instruments  and  the
prevention  of  crises  through  the  establishment  of  a  consistent  and  long-term  co-
operative relationship.

In addition, Article 3 of the Association Agreements provide the legal basis for the
establishment of regular institutionalised political dialogue between the EU  and the
partner  countries.  The  EU  should  continue  efforts  to  deepen  the  substance  of  this
dialogue on Human Rights and democratisation issues , not only in general terms or
related to individual cases, but by focusing on specific operational issues. One way to
achieve this improved focus could be to establish a technical level of dialogue below
the  political  level.  This  could  seek  to  develop  a  common  agenda  with  clear  targets
and  mutual  commitments  to  co-operation.  Appropriate  subjects  for  systematic
discussion  could  be  freedom  of  expression  and  association,  including  the  legal
framework  governing the status of civil society ,NGOs, other  Non-State  actors  and
the situation and rights of women.

The  Commission  should  aim  to  ensure  coherence  and  consistency  between
Community  action  and  the  CFSP  as  well  as  development  policy,  both  at
Headquarters  through  programming  of  relevant  assistance  programmes,  in  Council
working  parties,  and  in  third  countries.  It  should  work  to  further  integrate  Human
Rights  into  dialogue  and  co-operation,  and  promote  the  best  use  of  all  available
instruments22. Against this background, the Commission proposes the following:

Recommendation N° 1

The  Union  should  ensure  systematic  inclusion  of  Human  Rights  and  democracy
issues in all dialogues taking place on an institutionalised basis: within the format of
the  Association  Councils  (Ministerial  level)  and  Association  Committees  (Senior
Official  level)  that  monitor  the  implementation  of  the  Agreements,  and  in  other
political  dialogue  formats  such  as  the  Troika.  It  should  explore  with  partners  the
possibility of establishing technical sub-groups to address  issues related  to  Human

21

22

The  non-compliance  clause  is  generally  worded  as  follows:  “If  either  Party  considers  that  the  other
Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before
so doing, except in cases of special urgency, it shall supply the Association Council with all the relevant
information  required  for  a  thorough  examination  of  the  situation  with  a  view  to  seeking  a  solution
acceptable  to  the  Parties.  In  the  selection  of  measures,  priority  must  be  given  to  those  which  least
disturb  the  functioning  of  this  Agreement,  These  measures  shall  be  notified  immediately  to  the
Association Council and shall be the subject of consultations within the Association Council if the other
party so requests”.
Commission  Communication  on  “the  EU's  role  in  promoting  Human  Rights  and  Democratisation  in
third  countries",  May  2001,  Council  Conclusions  on  the  EU’s  role  in  promoting  Human  Rights  and
democratisation in third countries, 25 June 2001.

11

                                                
Rights  and  democratisation.  A  better  operational  focus  should  be  sought  including
co-operation on issues such as legal reforms and the legal frameworks governing the
operation of NGOs and other Non-State actors.

Recommendation N° 2

In order to  be  able  to develop  and  deepen  a  regular,  in  depth  dialogue  on  Human
Rights  and  democratisation,  increased  institutional  knowledge  and  documentation
on  the  situation  and  key  issues  in  each  partner  country  is  needed.  Commission
Delegations in close co-ordination  with  Member States’ embassies  should  draw  up
an “état des lieux” in each country, on the basis of a standard grid of analysis, and
provide regular updates through periodical reports.

The  analysis  of  the  situation  thus  obtained  should  be  systematically  discussed
between  Heads  of  Missions,  used  to  make  an  input  into  "EU  Human  Rights  fact
sheets"  to  be  elaborated  by  HoMs  and  regularly  revised  in  the  relevant  Council
Working Groups. The conclusions reached therein should be translated into concrete
proposals in the various formats of the dialogue, as outlined above.

The Commission will also systematically include Human Rights and democratisation
in the dialogue conducted locally by its Delegations with Mediterranean partners.

Recommendation N°3

The Commission should aim to ensure coherence and consistency inter alia through
strengthening  co-ordination  between  Commission  Delegations  and  Member  States'
embassies. This should take the form in particular of:

– 

– 

– 

the convening of EU expert meetings at country level on the implementation of
EIDHR and Human Rights related aspects of the MEDA programme;

enhanced input into HoMs meetings on Human Rights and democracy issues;

working to ensure a more active role in the implementation of UN Resolutions
and  recommendations  in  the  area  of  Human  Rights,  including  through
appropriate follow-up by its Delegations of the recommendations made by UN
treaty  bodies  and  in  connection  with  visits  by  UN  Special  Rapporteurs  and
Working Groups to the countries concerned.

The  Commission  should  also  take  a  more  proactive  role  in  the  initiation  of
discussion  within  geographic  Council  working  groups  on  Human  Rights  issues,
including  when  issues  of  a  political  nature  arise  which  are  linked  to  the
implementation of co-operation in the area of Human Rights and democratisation.

12

4.1.2.  Regional Political Dialogue

The regional political dialogue (Senior Officials Meetings of the Barcelona Process)
already  includes  Human  Rights  and  democratisation  as  a  regular  agenda  item.
However, this tends to consist mainly of general presentations by Member States or
Mediterranean partners of their national Human Rights policies and does not lead to
a discussion of substance. On the contrary, it can serve as a pretext to avoid serious
discussion.  Thus,  while  it  is  not  proposed  to  discontinue  this  part  of  the  regional
dialogue, it has to be recognised that, in its current form, the potential for  effective
content  is  limited.  The  EU  should  seek  to  make  this  dialogue  more  relevant  and
policy oriented, eg. by taking a thematic approach (situation of women, civil society,
etc.), highlighting the status of different issues across the region.

4.1.3.  Dialogue with civil society

Civil  society  plays  an  essential  role  in  the  implementation  and  monitoring  of  any
Human Rights and democratisation policy. Within the Barcelona process and through
the  European  Initiative  for  Democracy  and  Human  Rights  the  Commission  has
supported the efforts of NGOs and other Non-State Actors, both those of the region
and  those  working  from  Europe,  to  improve  their  effectiveness  in  identifying
problems  and  lobbying  for  improvements.  Actions  have  focussed  on  training  and
sharing  of  best  practice  in  this  field.  The  issues  have  been  addressed  in  all  the
meetings  of  the  Civil  Forum  (bringing  together  NGOs  and  other  representatives  of
civil society from the EU and the Mediterranean partners) which have preceded the
Euro-Mediterranean Foreign Ministers' Meetings.

Recommendation N°4

At national level, the Commission Delegations should organise with Member States
regular  workshops  with  civil  society,  seeking  as  conditions  allow  a  constructive
involvement of national authorities. As much as possible, efforts should be made for
this dialogue not to be limited to  the national civil society but to reach out to civil
society organisations working at the regional level. The agenda would be discussed
between Commission Delegations and Member States.

These workshops would serve to:

– 

– 

– 

– 

– 

contribute  to  overall  EU  knowledge  of  local  conditions,  thus  providing
valuable input to the formulation of EU policy, including in the establishment
of National and Regional Indicative Programmes;

generate recommendations to assist with the programming of EIDHR and the
identification of projects;

contribute to structuring the debate at the regional level through the civil fora
held in the framework of the Barcelona process;

promote EU policies in the area of Human Rights, democratisation and rule of
law including gender, as cross-cutting issues;

in  addition,  these  meetings  will  help  associations,  foundations  and  NGOs
working in the region to better structure and co-ordinate their work.

13

4.2. 

National and Regional Action Plans

Under MEDA a number of programmes and projects in support of Human Rights and
democracy have been financed. However, in order to improve the efficiency of these
activities,  it  is  desirable  to  integrate  them  into  more  detailed  national  or  regional
strategies agreed with the national authorities.

Such national or regional strategies on Human Rights and democracy should identify
relevant  issues  and  priorities,  also  taking  into  account  not  only  the  conclusions  of
national  or 
(cf.
Recommendation  n°4),  but  also  those  contained  in  the  UNDP  report,  notably  good
governance and gender issues.

regional  workshops  with  non-governmental 

institutions 

4.2.1.  National Action Plans

The  Commission  should  aim  to  develop  National  Action  Plans  on  the  basis  of  a
harmonised  approach  for  the  respect  of  Human  Rights  and  democracy  with  those
partners which are willing to engage in this exercise.

Recommendation N°5

National Action Plans would serve three purposes:

– 

– 

– 

analysis of the context and situation particularly as regards legislation related
to Human Rights and the identification of common overall objectives;

drawing  up  a  list  of  specific  action  points  accompanied  by  measurable
benchmarks of performance with clear timelines;

identification  of  the  technical  and  financial  assistance  needed  to  achieve  the
objectives and specific targets.

National Action Plans should be complementary and related to other economic and
social  development  plans  (eg  under  MEDA  co-operation)  and  could  be  financed
through  MEDA,  supplemented  as  appropriate  by  other  budget  lines.  These  plans
could serve to:

– 

– 

– 

– 

– 

analyse constitutional and other legal rights and propose reforms to legal and
regulatory frameworks;

support the implementation of Human Rights treaties to which each State is a
party  and  promote  the  adherence  to  those  international  instruments  to  which
the  given  State  is  not  yet  a  party;  support  the  development  of  national
legislative frameworks, where necessary;

Analyse  the  position  and  rights  of  women  in  their  respective  societies  and
propose how best to involve them in the development of their countries;

support  the  development  of  appropriate  legislative  and  administrative
structures;

support the integration  of  a  national  dialogue  with  civil  society  into  national
actions;

14

– 

– 

promote  the  exchange  of  information  on  best  practices  and  encourage  their
integration into national action;

promote  adoption  and 
adherence to international instruments;

implementation  of 

international  standards  and

As  regards the status  and activities of  NGOs and other  Non-State Actors,  National
Action Plans should:

– 

– 

– 

– 

– 

identify  modifications  to  the  legal  or  administrative  frameworks  necessary  to
implement  international  commitments  concerning  the  status  and  activities  of
NGOs and other NSAs ;

strengthen the capacity of NGOs and other NSAs through practical training;

promote networking between local and European NGOs and other NSAs;

link local NGOs and other NSAs to international networks;

develop co-ordination amongst NGOs and international organisations.

The Community would participate in the financing of those national or regional (see
below)  Action  Plans  that  fulfil  agreed  minimum  requirements.  Since  not  every
partner  will  be  ready  immediately  to  participate  in  such  an  exercise,  in  the  short
term  the  objectives  will  be  to  establish  National  Action  Plans  with,  at  first,  two  or
three  partner  countries.  As  these  plans  are  implemented,  others  can  be  drawn  into
the process.

4.2.2.  Regional Plans

Recommendation N° 6

Regional or sub-Regional Action Plans should be established whenever two or more
partners  want  to  develop  further  co-operation  on  concrete  activities  linked  to
bilateral  activities  on  Human  Rights  as  indicated  in  the  road  map  of  the  Valencia
Action  Plan.  Such  Action  Plans  could  focus  on  issues  addressed  in  future  regional
programmes  under  MEDA  such  as  those  on  women's  rights  or  co-operation  in  the
field of justice. They should also provide a bridge to other multilateral activities, i.a.,
in  the  follow-up  to  be  given  to  the  UNDP  Arab  Human  Development  Report.
Regional Action Plans could also reinforce the scope for co-operation with regional
bodies like the Arab League.

4.3.  Mainstreaming  the  promotion  of  Human  Rights  and  democracy  in  MEDA

programmes

4.3.1.  National Indicative Programmes

The  finalisation  in  2001  of  Country  Strategy  Papers  (2002-2006)  for  most  MEDA
partner countries has been a major step forward in integrating a Human Rights  and
democracy dimension  in  the overall  Commission's  approach  to  its  assistance  to  the
Mediterranean partners.

15

The analysis of the political and security  situation included in the Country Strategy
papers provides a starting point to focus on sectors or crosscutting interventions that
would  improve  the  overall  governance  situation  through  MEDA  assistance  and
EIDHR.  As  a  result,  most  MEDA  country  allocations  include  support  to  good
governance  programmes,  and  in  some  cases  to  civil  society  (regarding  bilateral
programmes, see point 3.4.1).

Recommendation N° 7

The  elaboration  of  future  National  Indicative  Programmes,  beginning  with  the
2005-2006  exercise,  will  be  used  to  further  mainstream  the  promotion  of  good
governance,  Human  Rights  and  democracy  in  the  MEDA  programme.  In  line  with
the Marseilles Communication referred to earlier, co-operation under MEDA should
better  reflect  the  progress  of  partner  countries  in  the  Human  Rights  and
democratisation areas. Going beyond the specific support that may be mobilised for
measures  under  the  national  or  regional  action  plans,  an  additional  substantial
allocation will be set aside within MEDA to be made available to those partners who
are  working  to  develop  and  implement  National  Action  Plans.  It  will  be  allocated
within their NIPs to finance actions not necessarily directly related to Human Rights
and democratisation.

The Human Rights dimension of Country Strategy Papers will be further enhanced.
In this  work,  due  account  will  also  be  taken  of  the  conclusions  of  the  UNDP  Arab
Human Development Report 2002, especially those regarding good governance and
gender issues.

4.3.2.  MEDA Regional Programme

Regional programmes have proved to be  useful for addressing issues that often  are
too  sensitive  to  be  dealt  with  at  the  national  level,  at  least  at  an  early  stage.
Furthermore,  regional  programmes  can  allow  for  fruitful  exchanges  of  experience
and best practices between countries sharing similar cultural values, background and
experiences (regarding Regional programmes, see last paragraph of point 3.4.1).

Recommendation N°8

In  the  elaboration  of  the  Regional  Indicative  Programme  (RIP)  for  2005-6  the
Commission will give full consideration to the ways in which to include support for
the strengthening of Human Rights and democracy as well as the involvement of civil
society. In addition, the Commission will prepare an evaluation of the impact of the
various  meetings  of  the  Civil  Forum  which  have  taken  place  prior  to  Euro-
Mediterranean meetings of Foreign Ministers; in that context it will consider ways in
which  the  Civil  Forum  could  develop  a  structure  such  that  the  outcomes  of  its
meetings have a more operational impact on the activities of the partnership and the
involvement of civil society in them. The RIP (2005-2006) will also take into account
the conclusions of the 2002 UNDP Arab Human Development Report.

16

4.3.3.  The European Initiative for Democracy and Human Rights (EIDHR)

As recommended in the May 2001 Communication on The EU’s Role in Promoting
Human  Rights  and  Democratisation  in  Third  Countries  a  more  strategic  use  of
resources has been designed for EIDHR. During 2002/2004 EIDHR concentrates on
a limited number of thematic priorities. These are:

– 

– 

– 

– 

Strengthening democratisation, good governance and the rule of law;

Activities in support of the abolition of the death penalty;

Combating  torture  and  impunity  and  support  for  international  tribunals  and
criminal courts;

Combating  racism  and  xenophobia  and  discrimination  against  minorities  and
indigenous people.

In addition, in order to maximise the impact of assistance and improve sustainability
with limited funds, EIDHR support under priority 1 (strengthening democratisation,
good  governance  and  the  rule  of  law)  is  currently  concentrated  on  31  “focus
countries”  worldwide.  The  inclusion  of  a  gender  perspective  is  an  overarching
characteristic for all projects and programmes.

In the South Mediterranean and Middle East the focus countries are Algeria, Tunisia
and Israel and the West Bank/Gaza. Detailed sub-priorities have been elaborated for
funding projects in these countries in 2002/4. An innovation is the "micro-projects"
facility  envisaged  in  these  countries  which  will  furnish  small  grants  managed  by
Commission Delegations to projects presented by local civil society.

Projects  under  the  other  EIDHR  global  priorities  of  abolition  of  the  death  penalty,
combating torture and impunity and fighting racism are open to applications from all
third  countries,  and  projects  also  target  Human  Rights  issues  at  the  regional  level.
Further,  as  part  of  the  EU's  regional  Master's  programmes  in  this  field,  The
Mediterranean Master's Degree in Human Rights and Democratisation is engaged in
operational training to form a cadre of professionals from all over the region with the
skills  to  contribute  effectively,  in  the  national  and  regional  contexts,  to  further
democratisation and the promotion and protection of Human Rights.

The  EIDHR's  strategy  as  regards  the  Mediterranean  partners  should  be  revised  in
2003 in line with the conclusions of EIDHR regional conferences held in mid-2002
in  Amman  and  Casablanca  with  representatives  of  civil  society  from  the  Mashrek
and  Maghreb.  These  seminars  highlighted  democratisation  and  rule  of  law  as
priorities for the region, and recommended that increased support should be allocated
to local civil societies.

17

The  EIDHR  has  also  been  used  to  provide  election  support  either  through  the
deployment  of  EU  Election  Observation  Missions  or  through  funding  to  NGOs  for
election  related  projects.  Activities  in  the  election  field  should  be  considered  in  a
more  systematic  and  global  manner  in  Mediterranean  countries.  In  particular,  it  is
fundamental  that  election  support  is  not  perceived  as  a  “one  off”  action,  mainly
linked  to  election  observation  (an  activity  with  high  political  consequences),  but
rather  as  a  continuous  and  global  effort  to  improve  election  frameworks  in  partner
countries. Actions should focus not only on the administrative and legal aspects of an
election  process,  but  also  on  the  effective  enjoyment  of  Human  Rights  and
fundamental  freedoms  closely  linked  to  elections.  In  this  context,  election
observation should also represent an important tool to assess progress achieved and
recommend further improvements.

Recommendation N° 9

The EIDHR’s strategy as regards the Mediterranean partners should be revised with
a view to strengthening the capacity of civil society on a regional basis. This will be
done  through  the  creation  or  consolidation  of  regional  networks  of  non-
governmental  operators  that  might  include  European  NGOs.  These  strengthened,
long-term networking and linkages will allow for exchanges of information and best
practices as well as capacity building and will be based on concrete, result oriented
activities in one or more of the following fields:

– 

– 

– 

freedom of association and expression (including monitoring/advocacy around
legislative  frameworks  governing  NGOs  and  other  NSAs,  Human  Rights
defenders);

protection/advocacy on the rights of specific groups;

good governance and the fight against corruption.

In  addition  EIDHR  post-2004  should  pay  particular  attention  to  further  enhancing
the  complementarity  between  EIDHR  and  MEDA  programmes,  particularly  as
regards the funding of activities that will be identified in the National Action Plans.

Recommendation N° 10

All  the  available  instruments  for  election  support  (political  dialogue,  MEDA  and
EIDHR)  should  be  used  in  a  coherent  and  complementary  manner  to  seek  the
improvement  of  the  overall  election  framework  through  co-operation  with  both
public  authorities  and  civil  society.  The  observation  of  elections  should  be
considered when, given the specific situation, it has a real added value to offer.

5. 

CONCLUSION

The  EU  and  its  Mediterranean  partners  have  an  impressive  array  of  instruments  at  their
disposal to allow them to pursue their shared, core objectives of promotion of the rule of law,
democratisation  and  the  respect  of  Human  Rights  and  fundamental  freedoms.  This
Communication  has  identified  ten  areas  where  these  existing  instruments  can  be  more
effectively put to use:

18

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

a  deeper  and  more  operational  focus  for  political  dialogue  on  Human  Rights  and
democratisation at all levels with MEDA partners;

upgrading  of  shared  knowledge  and  expertise  on  Human  Rights  and
democratisation issues in the region;

better  coordination  between  Commission  Delegations  and  Member  States'
Embassies on Human Rights and democratisation issues and related cooperation;

regular  contacts  between  Commission  Delegations  and  civil  society,  in  close
coordination with EU Member States'sEmbassies;

the development of MEDA National Action Plans on Human Rights and democracy
with those partners willing to engage in such an exercise;

the establishment of Regional Action Plans on Human Rights and democracy issues
with MEDA partners willing to develop further cooperation on concrete issues;

Increased attention to Human Rights and democratisation issues in the Commission's
Country Strategy Papers and greater account taken of progress made in these areas
in  the  National  Indicative  Programmes,  including  through  a  special  additional
facility;

improved  focus  on  Human  Rights  and  democratisation  issues  in  the  Commission's
Regional Strategy and Regional Indicative Programme;

enhanced  complementarity  between  the  MEDA  programme  and  the  European
Initiative for Democracy and Human Rights;

enhanced efforts at all levels in the area of improvement of electoral frameworks.

The practical measures proposed in this  Communication  will achieve  greater  coherence  and
consistency between Community actions and CFSP, and allow synergies to be realised on all
levels  of  action:  at  the  level  of  political  dialogue,  by  bringing  a  greater  Human  Rights  and
democratisation  dimension to co-operation programmes,  and  by  enhancing  complementarity
between the different co-operation instruments at the disposal of the European Union.

The  Council,  the  European  Parliament,  our  partners  in  the  Mediterranean  and  the  other
partners with whom  the  Commission  co-operates  to  promote  respect  for  Human  Rights  and
democratisation are invited to support the measures  outlined  in  this  Communication,  and  to
work with the Commission to implement it.

19