JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL HUMAN RIGHTS AND DEMOCRACY AT THE HEARTOF EU EXTERNAL ACTION –TOWARDS A MORE EFFECTIVE APPROACH
Date: 2011-12-12
Institutions: European Commission, High Representative of the Union
Subjects: democracy, development policy, equal treatment, foreign policy, freedom of expression, fundamental rights, human rights, social impact

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 12.12.2011 
COM(2011) 886 final 

JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE 
COUNCIL 

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

EN 

   EN 

 
 
 
  
 
TABLE OF CONTENTS 

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

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

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

A. 

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

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

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

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

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

B. 

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

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

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

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

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

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

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

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

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

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

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

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

C. 

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

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

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

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

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

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

D. 

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

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

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

EN 

2 

   EN 

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

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

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

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

EN 

3 

   EN 

JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT AND THE 
COUNCIL 

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

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

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

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

EN 

4 

   EN 

"The Union’s action on the international scene shall be guided by the principles 
which have inspired its own creation, development and enlargement, 
and which it seeks to advance in the wider world: 
democracy, the rule of law, the universality and indivisibility of human rights 
and fundamental freedoms, respect for human dignity, 
the principles of equality and solidarity, and  
respect for the principles of the United Nations Charter and international law." 

Treaty on European Union, Article 21 

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

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

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

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

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

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

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

EN 

5 

   EN 

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

The challenges 

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

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

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

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

The EU response 

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

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

EN 

6 

   EN 

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

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

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

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

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

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

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

– 

– 

– 

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

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

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

A. 

OVERHAULING DELIVERY: EFFECTIVE ACTION, MADE TO MEASURE 

Maximising impact on the ground through tailor-made approaches 

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

EN 

7 

   EN 

immediate priorities, and therefore the route and timetables, can and must vary from country 
to country. 

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

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

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

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

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

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

– 

– 

– 

judicial reform focusing on the right to a fair trial; 

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

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

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

EN 

8 

   EN 

A new approach with neighbours and beyond 

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

Working in partnership with civil society 

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

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

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

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

In the context of the Multi-Annual Financial Framework, suggestions will be made to make 
the  EIDHR  more  flexible  so  that  it  delivers  better,  faster  and  more,  and  so  that  more 

EN 

9 

   EN 

organisations are able to access funds, and a quick response is ensured to address the needs of 
civil society in countries facing the most pressing and difficult situations. 

B. 

A JOINED UP APPROACH TO POLICY 

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

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

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

Democracy and elections 

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

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

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

The EU is strengthening its implementation of the Agenda for Action on democracy support, 
having  initiated  a  first  round  of  pilot  countries,  by  using  the  democracy  component  of  the 
EIDHR  and  seeking  better  coherence  in  the  use  of  political  and  financial  instruments  in  its 
overall approach to democracy support globally. The EU’s response to recent developments in 
North  Africa  was  based  on  initiatives  taken  in  the  review  of  the  European  Neighbourhood 
Policy,  further  to  develop  methodology  on  supporting  reforms  that  build  sustainable 

EN 

10 

   EN 

democracy.  This  means  applying  positive  and  negative  incentives  as  appropriate,  and 
developing benchmarks to assess progress in human rights, democracy and the rule of law. 

Development cooperation 

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

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

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

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

Human rights clauses 

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

Trade policy 

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

EN 

11 

   EN 

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

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

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

Information and communications technology 

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

Business and human rights 

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

to 

Globalisation has created more opportunities for enterprises to contribute to the fulfilment of 
human rights and also created heightened risks of business involvement in human rights harm. 
The  EU  welcomed  the  United  Nations  Guiding  Principles  on  Business  and  Human  Rights, 
endorsed  unanimously  by  the  UN  Human  Rights  Council  in  June  2011.  The  European 
Commission  published  a  Communication  on  Corporate  Social  Responsibility  in  October 
2011.  It  expressed  the  Commission’s  expectation  that  all  enterprises  should  meet  the 
corporate responsibility to respect human rights as defined in the UN Guiding Principles. In 
the  light  of  this  Communication,  the  Commission  will,  inter  alia,  develop  human  rights 
guidance for small and medium-sized enterprises, invite Member States to develop their own 

EN 

12 

   EN 

national plans for the implementation of the UN Guiding Principles and continue to encourage 
partner  countries  to  adhere  to  internationally-recognised  CSR  standards,  such  as  the  OECD 
Guidelines  for  Multinational  Enterprises  and  the  ILO  Tri-Partite  Declaration  of  principles 
concerning multinational enterprises and social policy. 

Conflict prevention 

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

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

Crisis management 

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

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

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

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

Counter-terrorism 

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

EN 

13 

   EN 

Freedom, security and justice 

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

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

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

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

360 degree policy coherence 

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

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

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

EN 

14 

   EN 

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

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

C. 

BUILDING STRONG PARTNERSHIPS 

Multilateral cooperation 

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

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

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

International justice 

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

EN 

15 

   EN 

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

Regional organisations 

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

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

Impact through dialogue 

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

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

– 

– 

– 

– 

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

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

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

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

Responding to serious violations 

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

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

EN 

16 

   EN 

D. 

HARNESSING EUROPE’S COLLECTIVE WEIGHT 

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

European Parliament 

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

Member States 

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

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

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

Building a culture of human rights and democracy 

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

EN 

17 

   EN 

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

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

A rethink of EU communications 

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

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

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

EN 

18 

   EN 

Next steps 

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

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

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

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

EN 

19 

   EN