Human rights, Democratisation and Election observation

1. Human rights, Democratisation and Election observation EEAS MD VI.A Human Rights and Democracy Directorate

2. EU Human Rights Policy Architecture, key messages Human Rights Toolkit Key challenges Democratisation, Election observation Q and A

3. Legal Basis • Article 21(1) TEU: “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 UN Charter and international law”. • Article 205, Treaty on the functioning of the European Union governs Title II on the Common Commercial Policy - the Union’s actions on the international scene pursuant to that part shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter I of Title V of the treaty of the Union (ie Article 21 TEU).

4. Lisbon Treaty: legal matters • Article 6(1) – recognises the legal effect of the EU Charter of Fundamental Rights – impact on external relations? • Article 6(2) – legal competence to accede to the European Convention – negotiations ongoing • Article 21(1) TEU: “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 UN Charter and international law”.

5. Lisbon Treaty: institutions • HR/VP - policy review • European External Action Service (EEAS) • including EU Delegations • Directorate Human Rights and Democracy • CMPD, CPCC, EUMS • VP, Commissioner for Fundamental Freedoms

6. HR / VP Human Rights Line • Silver thread / golden standard • Make a real difference for the people (ie HRDs) • Efficiency (eg country strategies) • HR strategy review

7. EEAS

8. Council bodies • COHOM – human rights working group • CIVCOM/PMG/EUMC • Geographic working groups • PSC/Coreper • Council (European Council)

9. European Parliament • Annual report on Human Rights • Human Rights Sub-Committee • Urgency debates • Questions • Consent to agreements • Visits • Sakharov Prize

10. EU Human Rights Policy Architecture, key messages Human Rights Toolkit Key challenges Democratisation, Election observation Q and A

11. Strategic framework and Action plan EU Policy Guidelines Human Rights country strategies Country activities Annual report on HR and democracy EU Special Representatives (EUSR) Dialogues, consultations, sub-committees EU declarations and demarches Common Security and Defence Policy (CSDP) Restrictive measures  i.e. sanctions Human Rights clause ACP countries Generalised System of Preferences (GSP) Multilateral action – UN, CoE, OSCE Election observation Democracy support Development Cooperation Training Network of focal points Toolkit

12. Strategic Framework and Action Plan • EU strategic framework adopted in June 2012 • Action plan contains 97 actions under 36 headings • Comprehensive, but not exhaustive • Result of extensive consultation with MEP’s & NGO’s • Agreed by 27 Member States and Commission

13. EU Policy Guidelines Guidelines and Toolkits set out policy on various priorities: • Death Penalty • Human Rights Dialogues • Torture • Children and Armed Conflict • Human Rights Defenders • Rights of Children • Violence vs Women • …IHL • More to come: FoRB, LGBT, FoE

14. Human Rights country strategies • Key objective • rationalise and integrate the application of EU human rights guidelines, toolboxes or action plans into one coherent policy document • Aims • Better and more comprehensive understanding of the key human rights challenges in partner countries • Focus EU action on well-targeted key priorities with concrete goals to be achieved within 3 years • Facilitate and streamline relevant activities of Member States and EU diplomatic missions in the field • Systematise reporting by the missions and contribute in a more comprehensive manner to the various country and regional strategies • Principles of local ownership • FAQ http://intradel/eeas/node/2117

15. Russia Belarus Moldova Canada Kazakhstan Armenia Azerbaijan Georgia Kyrgyzstan Tadjikistan Turkmenistan Uzbekistan Candidate Countries United States Japan Israel China Iran Mexico India African Union Columbia Indonesia Brazil Chile Argentina New Zealand Dialogues and Consultations

16. Palestinian Auth. Morocco Ukraine Bangladesh Lebanon Algeria Tunisia Egypt Jordan Laos Vietnam Pakistan Sri Lanka Cambodia Sub-Committees

17. Dialogues and Guidelines over time

18. Declarations and demarches • EU has developed a policy of raising key HR issue with third countries through rounds of systematic demarches • can be general (ICC, UN related issue) or country-specific including individual cases, e.g. death penalty, torture, Human Rights Defenders,

19. CSDP operations/missions • Human rights • References in planning docs, Joint Actions • advisors • Gender • 1325/1820 implementation • Comprehensive approach • advisors

20. Human Rights Clause • Standard in most agreements since 1995 • “Respect for human rights and democratic principles as laid down in the Universal Declaration of Human Rights underpins the domestic and international policies of the Parties, and constitutes an essential element of this Agreement” • Weblink:http://ec.europa.eu/world/agreements/viewCollection.do?fileID=50370 • Basis for positive and negative measures

21. ACP Countries • Regular political dialogue – Article 8 • Art 8 dialogue includes human rights • ICC clause • Intensified political dialogue • Article 96 consultations • Sanctions

22. Trade • GSP may be withdrawn from beneficiaries for violations of human rights or export of goods made by prison labour • GSP+ incentive arrangements • Regulation 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment • Code of Conduct on Arms Exports • Dual Use Regulation • Bilateral Investment Treaties

23. Multilateral Action • UN General Assembly 3rd Committee • UN Human Rights Council • OSCE • Council of Europe • Other regional HR systems

24. Development Cooperation • Development Cooperation Instrument (DCI) • Bulk of the money available • Democracy can be focus area • European Instrument for Democracy and Human Rights • Call for proposals • Through civil society actors • Thematic priorities defined every year • Multiannual Financial Framework (MFF) • European Development Fund (EDF) • For ACP countries • Governed by Cotonou agreement

25. EU Special Representatives (EUSR) • Human rights (Lambrinidis) • Central Asia (Flor) • Middle East Peace Process (Reinicke) • Horn of Africa (Rondos) • Kosovo (Žbogar) • South Caucasus and Georgia (Lefort) • South Mediterranean (León) • Sudan and South Sudan (Marsden) • Bosnia and Herzegovina (Sørensen) • Afghanistan (Ušackas) • African Union (Quince) • Resident in region or Brussels • Coherence in CFSP • Eyes and ears, face and voice

26. Annual report on Human Rights and Democracy • Produced since 1999 • Format has evolved over time • Action Plan foresees an overhaul (increase performance) • Longstanding and increasing pressure from Parliament for benchmarks

27. EU Human Rights Policy Architecture, key messages Human Rights Toolkit Key challenges Democratisation, Election observation Q and A

28. Challenges • Human rights as « spoiler » of relations • Shaming versus engagement • Universality versus relativism • Coherence through our various external policy instruments • EU « double standards » • Internal/external coherence • Economic and social rights (in addition to civil & political rights) • Actual implementation of obligations • Relations with NGOs

29. EU Human Rights Policy Architecture, key messages Human Rights Toolkit Key challenges Democratisation, Election observation Q and A

30. Democracy Support • Council conclusions on “Democracy Support in the EU’s External Relations – Towards Increased Coherence and Effectiveness”, 18 Nov 2009, incl: • Annex: “EU Agenda for Action on Democracy Support in EU External relations”: aim to increase coherence, consistency and efficiency of EU action on democracy support using available instruments. • Action areas: • A country-specific approach. • Dialogue and partnership • EU coherence and coordination • Mainstreaming • International cooperation • Visibility

31. Democracy Support • Council conclusions on “Democracy Support in the EU’s External Relations – 2010 Progress Report and list of proposed pilot countries, 13 Dec 2010: • Republic of Moldova – for Eastern Neighbourhood • Kyrgyzstan – Central Asia • Lebanon – for Southern Neighbourhood • Ghana, Benin, Solomon Islands and Central African Republic – for ACP • Bolivia – for Latin America • Mongolia, Philippines, Indonesia and Maldives – in Asia

32. Democracy Support • Joint report to the Council “Implementation of the Agenda for Action on Democracy Support in the EU External relations”, tent Oct 2012 • Tentative first conclusions: • Increased coherence • Increased legitimacy • Value-added, additional information • Synergies with human rights strategies • Value-added for programming and dialogues; • Some areas need to be revised: • A refined approach to the partner countries, • A revised guidance note • Some funding • For the medium to long term: • A training package • What democracy are we talking about? • Standard democracy profile of the partner country

33. Democracy Supportrecent policy developments • “A new response to a changing Neighbourhood” Joint Communication, 25 May 2011 • “Increasing the impact of the EU Development Policy: An Agenda for Change”, Commission Communication, 13 Oct 2011 • “The Future Approach to EU Budget Support to Third Countries”, Commission Communication, 13 Oct 2011 • “Human Rights and Democracy at the Heart of EU External Action – Towards a More Effective Approach” Joint Communication, 12 Dec 2011 • De Keyser report calling for a paradigm shift in EU democracy support from “security and stability” to “democracy and human rights” • “European Endowment for Democracy” to respond to the Arab spring and perceived shortcomings in delivering EU democracy support

34. Since 2000, more than 90 EU Election Observation Missions to Africa, Latin America, Asia 2012 priorities: Senegal, Algeria, Tunisia, East Timor, Venezuela, Palestinian Authority, Libya, Sierra Leone, Kenya, Nepal, Pakistan + approx. 10 Expert Missions Comprehensive & long term approach with focus on election process EU EOMs complementary to election assistance as well as broader EU democracy and HR support actions Emphasis on impact of EU EOMs: follow up to recommendations, post-EOM political dialogues Inter-institutional co-operation: Commission & EEAS + regular consultation of MS & close cooperation with EP International co-operation: EU Institutions signatory of Declaration of Principles on International Election Observation, co-operation other election organizations (e.g. Carter Center, AU, Commonwealth, OAS…) Challenges: Election observation is a successful tool (Alternatives; links with other political objectives; operational & security issues) Election Observation

35. Aim of Election observation • Not validate results ! eg. not pronounce “free & fair” • Deter fraud and violence • Create confidence for contestants and voters to participate in election process • Evaluate process against international standards for democratic elections • Provide a « snapshot » analysis of a wide range of issues related to democracy and the rule of law • Produce constructive recommendations to follow up

36. Communication: EU strategy for election observation and assistance (COM(2000)191 final) • Annual programming of election observation which takes into account all aspects of the relations with a country. • A standardised and comprehensive methodology • Impartiality • Independence • Observation of all stages of the electoral process and full geographical coverage • Invitation

37. Election Observation: timeline

38. EU Human Rights Policy Architecture, key messages Human Rights Toolkit Key challenges Democratisation, Election observation Q and A