natgillin/translations-raw huggingface dataset:
The human rights clause has also prevented the conclusion of bilateral agreements with Australia and New Zealand, where, instead, less binding Joint Declarations were agreed upon in 1997 and 1999, respectively.
The human rights clause has also prevented the conclusion of bilateral agreements with Australia and New Zealand, where, instead, less binding Joint Declarations were agreed upon in 1997 and 1999, respectively.
The PCA with Belarus negotiated in 1995 never came into force, as it was not ratified due to Lukashenko's moves towards authoritarian rule.
The PCA with Belarus negotiated in 1995 never came into force, as it was not ratified due to Lukashenko's moves towards authoritarian rule.
The views of the European Parliament on the human rights clause
The views of the European Parliament on the human rights clause
The European Parliament has been very active over the years concerning the human rights clause, with a special focus on the monitoring and implementation of the clause, as well as on the role of Parliament and civil society.
The European Parliament has been very active over the years concerning the human rights clause, with a special focus on the monitoring and implementation of the clause, as well as on the role of Parliament and civil society.
On 20 September 1996, the Parliament adopted the report by Mr Carlos Carnero Gonzalez
On 20 September 1996, the Parliament adopted the report by Mr Carlos Carnero Gonzalez
A4-0212/1996 - T4-0499/1996 - Report on the communication from the Commission on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (COM(95)0216 - C4-0197/95 ) on the 1995 Commission communication, in which it asked the commission to draw up an objective method of application in cases of flagrant violations of human and social rights, and to formulate "criteria, procedures, forms of sanctions and their method of application".
A4-0212/1996 - T4-0499/1996 - Report on the communication from the Commission on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (COM(95)0216 - C4-0197/95 ) on the 1995 Commission communication, in which it asked the commission to draw up an objective method of application in cases of flagrant violations of human and social rights, and to formulate "criteria, procedures, forms of sanctions and their method of application".
One of the main points in the report by Mrs Rosa Díez Gonzalez on the European Unions role in promoting human rights and democratisation in third countries
One of the main points in the report by Mrs Rosa Díez Gonzalez on the European Unions role in promoting human rights and democratisation in third countries
A5-0084/2002 - Report on the European Union's role in promoting human rights and democratisation in third countries (COM(2001)252 - C5-0653/2001 - 2001/2276(COS) ) is the demand for a clear code of conduct for the application of the human rights clause.
A5-0084/2002 - Report on the European Union's role in promoting human rights and democratisation in third countries (COM(2001)252 - C5-0653/2001 - 2001/2276(COS) ) is the demand for a clear code of conduct for the application of the human rights clause.
The EU needs, the report says, to establish new and parallel monitoring mechanisms designed to back up those already available, so that it can check on compliance with human rights and democratisation by any of its political and economic partners.
The EU needs, the report says, to establish new and parallel monitoring mechanisms designed to back up those already available, so that it can check on compliance with human rights and democratisation by any of its political and economic partners.
The requests from the Parliament for an objective method and a clear code of conduct for the application of the human rights clause remain without a satisfactory answer, and need therefore to be reiterated.
The requests from the Parliament for an objective method and a clear code of conduct for the application of the human rights clause remain without a satisfactory answer, and need therefore to be reiterated.
The annual reports on human rights in the world have also on numerous occasions put forward Parliament's view on the human rights clauses, as in the report 2002 annual report of Mr Bob van den Bos , where the lack of an implementation mechanism was a major concern:
The annual reports on human rights in the world have also on numerous occasions put forward Parliament's view on the human rights clauses, as in the report 2002 annual report of Mr Bob van den Bos , where the lack of an implementation mechanism was a major concern:
Calls on the Commission to make the necessary proposal for an implementation mechanism for the human rights clause in order to maintain explicit pressures for significant improvements of the human rights situation in the countries concerned and to encourage sections of the society that are in favour of promoting democracy and respect for human rights;"
Calls on the Commission to make the necessary proposal for an implementation mechanism for the human rights clause in order to maintain explicit pressures for significant improvements of the human rights situation in the countries concerned and to encourage sections of the society that are in favour of promoting democracy and respect for human rights;"
A5-0274/2003 - T5-375/2003 - Annual report on human rights in the world in 2002 and European Union's human rights policy
A5-0274/2003 - T5-375/2003 - Annual report on human rights in the world in 2002 and European Union's human rights policy
In the report, the Parliament also asks for clear benchmarks for incentive and restrictive measures, structured dialogue procedures, specific sub-committees on human rights in the Association and Cooperation Councils, and deplores the fact that Parliament is not involved in the decision-making process for initiating consultations or suspending an agreement.
In the report, the Parliament also asks for clear benchmarks for incentive and restrictive measures, structured dialogue procedures, specific sub-committees on human rights in the Association and Cooperation Councils, and deplores the fact that Parliament is not involved in the decision-making process for initiating consultations or suspending an agreement.
In the 2003 annual report by Mrs Véronique de Keyser , the Parliament welcomes the entry into force of the Cotonou agreement and sees its implementation mechanism with the establishment of dialogue between government and civil society as a model for further negotiations.
In the 2003 annual report by Mrs Véronique de Keyser , the Parliament welcomes the entry into force of the Cotonou agreement and sees its implementation mechanism with the establishment of dialogue between government and civil society as a model for further negotiations.
The 2004 report by Simon Coveney calls for the setting up of sub-committees on human rights within the framework of the Association Agreements and for the Commission to draw up a progress report on the human rights situation in the ENP countries.
The 2004 report by Simon Coveney calls for the setting up of sub-committees on human rights within the framework of the Association Agreements and for the Commission to draw up a progress report on the human rights situation in the ENP countries.
Apart from this, the human rights clause and the human rights situation in general, has been an important element in the procedure of the European Parliament giving its assent to different agreements with third countries, as was the case with the association agreement with Egypt, Pakistan or the ongoing procedure concerning a proposed agreement with Syria.
Apart from this, the human rights clause and the human rights situation in general, has been an important element in the procedure of the European Parliament giving its assent to different agreements with third countries, as was the case with the association agreement with Egypt, Pakistan or the ongoing procedure concerning a proposed agreement with Syria.
The future of the human rights clause
The future of the human rights clause
Ten years after the communication which formally mandated and structured the human rights clause, it is time to evaluate how it is implemented and how it can be improved, from the negotiation phase of an agreement and the specific wording of the clause, to the monitoring and implementation, taking into consideration positive as well as negative measures.
Ten years after the communication which formally mandated and structured the human rights clause, it is time to evaluate how it is implemented and how it can be improved, from the negotiation phase of an agreement and the specific wording of the clause, to the monitoring and implementation, taking into consideration positive as well as negative measures.
4.1 How can the negotiation phase be improved?
4.1 How can the negotiation phase be improved?
A more open procedure with a role given to the EP and civil society .
A more open procedure with a role given to the EP and civil society .
The mandate of negotiation for a new agreement with a third country is exclusively, so far, a responsibility of the Council.
The mandate of negotiation for a new agreement with a third country is exclusively, so far, a responsibility of the Council.
However, it is not really clear or transparent what this mandate is based on, and much could be achieved by a more open procedure.
However, it is not really clear or transparent what this mandate is based on, and much could be achieved by a more open procedure.
By making the negotiating procedure more transparent and associating the European Parliament as well as the national Parliaments, and civil society with the procedure for defining the human rights clause, would also facilitate dialogue and implementation once the agreement is in force.
By making the negotiating procedure more transparent and associating the European Parliament as well as the national Parliaments, and civil society with the procedure for defining the human rights clause, would also facilitate dialogue and implementation once the agreement is in force.
In fact, the European Parliament has a role in giving its assent before an agreement comes into force, but not in the procedure initiating consultation or partly suspending an agreement.
In fact, the European Parliament has a role in giving its assent before an agreement comes into force, but not in the procedure initiating consultation or partly suspending an agreement.
The role of civil society is very weak in the whole procedure of the human rights clause.
The role of civil society is very weak in the whole procedure of the human rights clause.
In comparison, it is worth mentioning the Cotonou Agreement, where the non-State actors are explicitly defined as actors of the partnership and where in Article 8(7), on the regular political dialogue, the role of civil society is clearly stated, as it says that regional and sub-regional organisations as well as representatives of civil society organisations shall be associated with the dialogue.
In comparison, it is worth mentioning the Cotonou Agreement, where the non-State actors are explicitly defined as actors of the partnership and where in Article 8(7), on the regular political dialogue, the role of civil society is clearly stated, as it says that regional and sub-regional organisations as well as representatives of civil society organisations shall be associated with the dialogue.
This political dialogue is also undergoing further development, as guidelines have been adopted and an annex to the agreement specifying the modalities and mechanisms for the dialogue is under compilation.
This political dialogue is also undergoing further development, as guidelines have been adopted and an annex to the agreement specifying the modalities and mechanisms for the dialogue is under compilation.
Extend the clause to all sectors and countries
Extend the clause to all sectors and countries
Even if the policy of including human rights clauses in agreements has been pursued with great consistency, there are still various areas where it is missing, most importantly in sectoral agreements and agreements with developed countries.
Even if the policy of including human rights clauses in agreements has been pursued with great consistency, there are still various areas where it is missing, most importantly in sectoral agreements and agreements with developed countries.
Sometimes the latter is because cooperation treaties with these countries predate the Union's policy, but this is not the case for the EEA Agreement.
Sometimes the latter is because cooperation treaties with these countries predate the Union's policy, but this is not the case for the EEA Agreement.
As a matter of consequence, the clause should be extended to all agreements, developed as well as developing countries.
As a matter of consequence, the clause should be extended to all agreements, developed as well as developing countries.
The same applies for sectoral agreements on trade, textile and fisheries agreements.
The same applies for sectoral agreements on trade, textile and fisheries agreements.
These agreements most often cover substantial financial envelopes and policy coherence requires that also they include a clause on respect of human rights and democratic principles.
These agreements most often cover substantial financial envelopes and policy coherence requires that also they include a clause on respect of human rights and democratic principles.
4.2 How can monitoring and implementation be improved?
4.2 How can monitoring and implementation be improved?
Better monitoring is needed with an emphasized human rights dimension
Better monitoring is needed with an emphasized human rights dimension
The need for an effective and transparent monitoring and implementation process has been of a great concern for the Parliament since the beginning.
The need for an effective and transparent monitoring and implementation process has been of a great concern for the Parliament since the beginning.
Even if it is certain that some has been achieved, there is still room for improvement.
Even if it is certain that some has been achieved, there is still room for improvement.
The recent obligation (since 2004) of an elaboration of human rights fact sheets, a task that lies with each Head of Mission in the delegations of the EU Commission, and the follow-up of adopted guide-lines, such as the guidelines on torture (adopted 2001), certainly contributes to a better knowledge of the human rights situation in each country.
The recent obligation (since 2004) of an elaboration of human rights fact sheets, a task that lies with each Head of Mission in the delegations of the EU Commission, and the follow-up of adopted guide-lines, such as the guidelines on torture (adopted 2001), certainly contributes to a better knowledge of the human rights situation in each country.
However, these human rights fact sheets are not public.
However, these human rights fact sheets are not public.
Some kind of annual report should therefore be considered, as has been asked for within the framework of the European Neighbourhood Policy, although it should not necessarily be restricted just to these countries, but include all countries with which an agreement containing a clause has been concluded.
Some kind of annual report should therefore be considered, as has been asked for within the framework of the European Neighbourhood Policy, although it should not necessarily be restricted just to these countries, but include all countries with which an agreement containing a clause has been concluded.
There is still a need for more clear bench-marks for incentive and restrictive measures to be applied.
There is still a need for more clear bench-marks for incentive and restrictive measures to be applied.
The accession procedure, with the clearly defined Copenhagen criteria, could serve as an example for such bench-marking.
The accession procedure, with the clearly defined Copenhagen criteria, could serve as an example for such bench-marking.
In this sense, the new Action Plans within the European Neighbourhood Policy might give a new opportunity for more operational targets to be set up, There is also a need for the Country Strategy Papers to be more focused and strategic when it comes to the human rights situation.
In this sense, the new Action Plans within the European Neighbourhood Policy might give a new opportunity for more operational targets to be set up, There is also a need for the Country Strategy Papers to be more focused and strategic when it comes to the human rights situation.
Systematic inclusion of human rights issues on the Association Council's agendas, need to be complemented by subcommittees on human rights, another important tool for monitoring the situation in the countries concerned.
Systematic inclusion of human rights issues on the Association Council's agendas, need to be complemented by subcommittees on human rights, another important tool for monitoring the situation in the countries concerned.
Such working groups have been set up with Bangladesh, Vietnam, as well as with Morocco and Jordan.
Such working groups have been set up with Bangladesh, Vietnam, as well as with Morocco and Jordan.
In this context, it is also important to stress civil society's monitoring role, and to find ways for non-state actors and experts to monitor and report on the implementation of human rights and democratic principles under the agreement, i.e. through working groups linked to the Association Council, or through their participation in named subcommittees.
In this context, it is also important to stress civil society's monitoring role, and to find ways for non-state actors and experts to monitor and report on the implementation of human rights and democratic principles under the agreement, i.e. through working groups linked to the Association Council, or through their participation in named subcommittees.
The proposal for a Council regulation establishing a European Union Agency for Fundamental Rights, suggests in Article 3(4), that :
The proposal for a Council regulation establishing a European Union Agency for Fundamental Rights, suggests in Article 3(4), that :
Without prejudice to Article 27, the Agency shall, at the request of the Commission, provide information and analysis on fundamental rights issues identified in the request as regards third countries with which the Community has concluded association agreements or agreements containing provisions on respect of human rights, or has opened or is planning to open negotiations for such agreements, in particular countries covered by the European Neighbourhood Policy."
Without prejudice to Article 27, the Agency shall, at the request of the Commission, provide information and analysis on fundamental rights issues identified in the request as regards third countries with which the Community has concluded association agreements or agreements containing provisions on respect of human rights, or has opened or is planning to open negotiations for such agreements, in particular countries covered by the European Neighbourhood Policy."
Even if the discussion in the Parliament on the scope for the Agency's action is not finished, there might be a role in the monitoring process of third country agreements for the Agency.
Even if the discussion in the Parliament on the scope for the Agency's action is not finished, there might be a role in the monitoring process of third country agreements for the Agency.
The need for a clear implementation mechanism for all agreements with a clause is still one of the most urgent matters to solve.
The need for a clear implementation mechanism for all agreements with a clause is still one of the most urgent matters to solve.
The Commission is keen to stress that the “essential element” clauses, or the human rights clauses, do not necessarily suggest a negative or punitive approach, but that they are rather a positive instrument that 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.
The Commission is keen to stress that the “essential element” clauses, or the human rights clauses, do not necessarily suggest a negative or punitive approach, but that they are rather a positive instrument that 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.
This is a view shared by the Parliament which has been the source of many of the ideas now being put into practice.
This is a view shared by the Parliament which has been the source of many of the ideas now being put into practice.
Even in the wording of the clause it is said that suspension is a last resort.
Even in the wording of the clause it is said that suspension is a last resort.
The fact that the clause has very rarely been invoked does not automatically mean that it is not efficient.
The fact that the clause has very rarely been invoked does not automatically mean that it is not efficient.
However, it is also clear that the lack of a clear implementation mechanism hinders the effectiveness of the clause.
However, it is also clear that the lack of a clear implementation mechanism hinders the effectiveness of the clause.
Even if different reasons can explain why the clause has been most widely used under the Cotonou Agreement, and not in all the other agreements that also contains the clause, a more elaborate procedure for consultation, suspension and participation has most probably contributed to this situation.
Even if different reasons can explain why the clause has been most widely used under the Cotonou Agreement, and not in all the other agreements that also contains the clause, a more elaborate procedure for consultation, suspension and participation has most probably contributed to this situation.
The Commission has said it does not want to have a "mechanistic application".
The Commission has said it does not want to have a "mechanistic application".
However, the Council has adopted guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy, but they do not include suspension or termination of bilateral agreements and suspension or termination of cooperation with third countries.
However, the Council has adopted guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy, but they do not include suspension or termination of bilateral agreements and suspension or termination of cooperation with third countries.
This should in some way be rectified.
This should in some way be rectified.
The way the clause has been used, or not used, over the years, also leaves room to ask if criteria for initiating a consultation procedure, or applying restrictive measures, are objective, or rather dependant on political or commercial interests.
The way the clause has been used, or not used, over the years, also leaves room to ask if criteria for initiating a consultation procedure, or applying restrictive measures, are objective, or rather dependant on political or commercial interests.
A better defined procedure would hopefully facilitate an objective application.
A better defined procedure would hopefully facilitate an objective application.
This procedure should of course also involve the European Parliament in the decision-making process for initiating consultation or suspending an agreement, and give a role to civil society.
This procedure should of course also involve the European Parliament in the decision-making process for initiating consultation or suspending an agreement, and give a role to civil society.