Opinion of the Committee of the Regions on the European Instrument for Democracy and Human Rights (EIDHR) Strategy Paper 2007-2010
Date: 2008-06-18
Institutions: Committee on Foreign Affairs, European Committee of the Regions
Subjects: EU aid, cooperation policy, democratisation, foreign policy, human rights, local election, regional election

C 257/26

EN

Official Journal of the European Union

9.10.2008

Opinion of the Committee of the Regions on the European Instrument for Democracy and Human
Rights (EIDHR) Strategy Paper 2007-2010

(2008/C 257/05)

THE COMMITTEE OF THE REGIONS

— is convinced that the values of democracy and human rights as they are proclaimed in the Charter of
Fundamental Rights attached to the Treaty of Lisbon has constituted the cornerstone of the European
integration process, and that the improvement in the protection of human rights in the EU area will
enhance the credibility of the promotion of democracy and human rights in the EU's external rela-
tions.

— points out that democracy and human rights are, above all, issues of global concern and constitute
public goods and that in many societies the local authorities are the closest duty bearers to the indivi-
dual person in implementing these rights. As the instrument is primarily focused on public institu-
tion-building, it could place more emphasis on local and regional institutions.

— also draws attention to the possibility of the Committee of the Regions' election monitoring strategy
finding its place in the framework of Objective 5 in order to enhance the construction of a grassroots
democracy and of a feeling of ownership of the democratic process among the populations.

— finds support for election observation to be an important part of the development of democracy and
feels that particular emphasis should also be placed on monitoring local and regional elections in
third countries in future EU election observation strategies.

— considers that EU observation of national elections should pay more attention to the impact assess-

ment of the promotion of democracy at the local and regional levels.

9.10.2008

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Official Journal of the European Union

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Rapporteur: Ms Heini UTUNEN (FI, ALDE), Member of the City Council of Jyväskylä

Reference document

European Commission Strategy Paper 2007-2010 for programmes financed through the European Instru-
ment for Democracy and Human Rights (EIDHR) and annexes (EIDHR financial allocations 2007-2010)

C(2007) 3765

POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

A. General recommendations

1.
Notes that the CoR is convinced that the values of democ-
racy and human rights as they are proclaimed in the Charter of
Fundamental Rights attached to the Treaty of Lisbon has consti-
tuted the cornerstone of the European integration process, and
that the improvement in the protection of human rights in the
EU area will enhance the credibility of the promotion of democ-
racy and human rights in the EU's external relations.

Finds it of crucial

2.
importance that the European Union
believes that democracy and human rights are universal values
that should be vigorously promoted around the world and
supports the work in achieving them in third countries.

individual

that the intention of the EU to promote democracy does not
imply that the EU should or could export a model or impose it
on third countries. The EIDHR serves as a possibility to spread
common principles of
freedom more effectively.
Points out that the European Charter of local self-government
adopted by the Council of Europe has served as a key source of
inspiration and guide for many new democracies in Europe in
their efforts to establish effective local self-government. The
draft European Charter for regional democracy of the Congress
of Local and Regional Authorities could serve the same
purpose;

Stresses that taking into account the strategy's objective to
7.
provide assistance regardless of the consent of third-country
governments,
the CoR considers that democratically elected
local and regional authorities in the countries concerned should
be defined as partners for the achievement of the EIDHR's goals,
by being explicitly included in the list of actors on the same
level as civil society organisations.

Recalls that the Committee of the Region's consistent posi-
3.
tion has been that
there could not be genuine democratic
governance without substantial transfer of power and compe-
tences to the local and regional level; by cooperating to produce
tangible solutions to concrete everyday problems,
local and
regional authorities can build trust between peoples, confidence
in local democracy and faith in intercultural dialogue. They can
offer more local ownership and more sustainable capacity
building for democracy and human rights promotion.

8.
Recalls that the CoR has already set up several instruments
for the implementation of its policy in the countries it has
in particular, the creation of three
established contacts with;
Working Groups, on the Western Balkans, Turkey and Croatia,
as well as the organisation of a cycle of conferences on the
European Neighbourhood Policy, have allowed a regular political
dialogue and sharing of best practices with local and regional
level representatives from third countries.

Points out that democracy and human rights are, above
4.
issues of global concern and constitute public goods and
all,
that in many societies the local authorities are the closest duty
bearers to the individual person in implementing these rights.
As the instrument is primarily focused on public institution-
building,
it could place more emphasis on local and regional
institutions.

5.
Recognises the unique role of the EIDHR in contributing
to the development and consolidation of democracy and the
rule of law in third countries worldwide and also its role in the
creation of a consistent and coherent approach to EU action in
this particular field.

6.
Considers the EIDHR as a visible asset for Europe which
reinforces the European profile in the field of promoting democ-
racy and human rights in third countries. The CoR emphasises

9.
Prefers a more long-term strategic approach on the instru-
ment and its objectives. The priority areas have been changing
during every programming period and thus the long-term devel-
opment and assessment of the programme and its initiatives is
difficult. The detailed evaluation and precise reporting of the
finalised programmes helps further develop future programmes.

10.
Pays attention to the need to streamline the application
procedures for funding through the EIDHR and urges a simplifi-
cation of the concrete running of the programme so that it
would enable the less organised structures to take advantage
and to work fully and flexibly with the instrument. As the
EIDHR remains an instrument of relatively modest size, working
in a selective and strategic fashion is crucial to its success.

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Official Journal of the European Union

9.10.2008

11.
Recommends that the evaluation and reassessment of the
Strategy should be from the perspective of local and regional
authorities and subsidiarity in third countries. The administra-
tion of the EIDHR must not increase the bureaucracy in such a
manner that it becomes an obstacle especially for the projects
which are distinctive for the local actors. Maximum flexibility
should be allowed to avoid the discrimination that the heavy
structures would cause.

which it appears crucial to share best practices and supporting
local authorities in strengthening public involvement.

16.
Notes that the key element of good governance, based
on broad political representation and participation, is a recogni-
tion that the best decisions are taken as near to the citizens as
possible.

B Thematic recommendations

The Committee of

12.
the Region's commitment towards
democracy, good governance, European values and human
in the Strategy as a whole.
rights justifies its involvement
However, among the proposed five objectives, a specific
emphasis could be given in the multi-annual planning for 2010-
2013 to the involvement of local and regional authorities in
Objective 2. The CoR also draws attention to the possibility of
the Regions' election monitoring strategy
the Committee of
finding its place in the framework of Objective 5 in order to
enhance the construction of a grassroots democracy and of a
feeling of ownership of
the democratic process among the
populations.

Objective 1

Enhancing respect for human r ights in countr ies and
regions where they are most at r isk

Points out that while the support of this Objective is
13.
directed mainly towards non-governmental organisations,
it
should be recognised that in some countries and regions human
rights defenders and even municipal civil servants can be under
a certain risk due to their position and daily work. The effort
should be made to mobilise support on their behalf.

Objective 2

Strengthening the role of civil society in promoting
in suppor ting
human r ights and democratic refor m,
the peaceful conciliation of group interests and in
consolidating political par ticipation and representa-
tion

14.
Holds that participatory and inclusive democracy at a
local and regional level is the best way in the long term to build
a citizens' need-oriented and well-functioning democracy, based
on good governance and benefiting from the citizens' confi-
dence and support.

15.
Calls for inclusive democracy models by ensuring for
instance the political representation of both men and women,
the indigenous population (where relevant), and local minorities;
in addition, participation by local minority populations, persons
with disabilities and children and young people are fields in

Points out that the democratic processes of accountability
17.
in
— starting from the local and regional
ensuring transparency of governing, and play a key role in
combating corruption and alleviation of poverty.

level — are vital

Believes that by developing people-to-people contacts on
18.
a less formal level, and by giving priority to finding solutions
for the daily problems of citizens on a practical basis, local and
regional authorities play a significant role in strengthening local
cooperation among conflicting interest groups.

(CSOs)

fundamental

Considers that civil society, local NGOs and community-
19.
based organisations
freedoms and
for
human rights as well as local human rights defenders can
achieve the best results in implementing political, economic and
social rights at the local level when their work is recognised and
free from threats, harassment and insecurity and that the local
is especially relevant for the promotion of democratic
level
values and political awareness of the citizens if they are able to
work together with empowered local and regional authorities.

Highlights the added value of the local approach when it
20.
comes to transborder cooperation on various subjects, including
conflict settlement. The positive role which local initiatives —
such as ‘diplomacy of the cities’ through promotion of intercul-
tural dialogue and confidence building measures at local level —
can play in conflicting contexts deserves special mention. There-
fore global campaigns for democracy and human rights should
be even more strongly envisaged, for example by applying a
transnational approach which contains a clear local and regional
perspective.

Objective 3

Suppor ting actions on human r ights and democracy
including
issues in areas covered by EU Guidelines,
on human r ights dialogues, on human r ights defen-
ders, on the death penalty, on tor ture, and on chil-
dren and ar med conf lict

21.
Recalls that although human rights dialogues are gener-
ally carried out with state authorities, issues of democracy have
clearly also to be dealt with by local and regional level actors. A
functioning democratic system cannot be created and main-
tained without local and regional involvement and ownership of
it — both contribute in every way to the development of this
system.

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22.
As the UN definition of human rights defenders is
‘persons and organisations engaged in promoting and defending
human rights and fundamental freedoms’, the role of local level
decision-makers and activists can clearly be seen.

23.
Urgently points out that a significant number of cases of
torture take place in local prisons and police stations. Therefore
a strong effort has to be made to implement national law and
level. Support should
international commitments at the local
therefore also be directed towards local NGOs monitoring the
authority's actions and to training the authorities.

Supports the guideline on children's rights and sees the
24.
local authorities in the areas of education and
relevance of
access to adequate education and health care, including work on
reproductive health rights especially for girls.

25.
Endorses the European Commission communication A
special place for children in EU external action COM(2008) 55 final,
in which children are given a special place in EU external action,
and points out the need to promote the mainstreaming of the
interests of children and children's rights in all EU external
action.

Objective 4

Suppor ting and strengthening the intern ational and
regional
the protection of human
justice, the r ule of law and the promotion of
r ights,
democracy

framework for

26. Welcomes the cooperation agreements already existing
with such actors as the Council of Europe, the Organisation for
Security and Cooperation in Europe and the International Crim-
inal Court and would highly appreciate it if importance should
be attached to facilitating local democracy and increasing the
capacity of
local and regional authorities to implement civil,
political, economic and social rights.

27.
Stresses the right of children to participate, influence and
have their voices heard in matters affecting them in accordance

Brussels, 18 June 2008.

with their age and maturity (as provided in Article 12 of the
UN Convention on the Rights of the Child), especially when
decisions about local matters are taken.

Objective 5

Building
electoral
in
processes, in par ticular through election obser vation

democratic

conf idence

28.
Is convinced by having experienced and by actively
advancing local and regional democracy, devolution and self-
governance in Europe that guaranteeing the respect of estab-
lished local and regional competences by national and European
authorities is crucial for the promotion of genuine democracy
and human rights worldwide.

29.
Stresses that election monitoring has become one of the
CoR's effective tools in its external policy over the past two
years; acknowledges the experience and long standing commit-
ment which the Congress of Local and Regional Authorities has
shown in this area. It welcomes the fact that it has been given
the opportunity to contribute to the CLRAE's efforts to promote
and advance local and regional democracy.

30.
Finds support for election observation to be an impor-
tant part of the development of democracy and feels that par-
ticular emphasis should also be placed on monitoring local and
regional elections in third countries in future EU election obser-
vation strategies.

31.
Considers that EU observation of national elections
should pay more attention to the impact assessment of the
promotion of democracy at the local and regional levels.

32.
Underlines that the forthcoming Strategy for the period
2010-2013 should take into account the role that local and
regional authorities could play in that initiative especially from
the point of view of
local election processes and European
expertise in monitoring them in third countries.

The President

of the Committee of the Regions

Luc VAN DEN BRANDE