The Committee on Foreign Affairs adopted the own-initiative report drawn up by Raimon OBIOLS I GERMÁ (PES, ES) on the Annual Report on Human Rights in the World 2008, noting that the EU needs to move towards a coherent and consistent policy of upholding and promoting human rights around the world. However, MEPs stress the need to conduct such a policy more effectively.
MEPs reiterate that, in order to effect an improvement in the promotion of human rights, the EU’s common foreign and security policy (CFSP) needs to be strengthened. It is therefore necessary to ensure that the promotion of human rights, as a main objective of the CFSP, is strictly implemented at all levels. The EU must also make greater efforts to improve its ability to respond rapidly to breaches of human rights by third countries. MEPs also stress the increased expectations in relation to the EU’s role in the world. They therefore call for a common EU human rights line both in its external policy and within its own borders. Moreover, MEPs call for continued maximum vigilance as regards respect for the human rights clauses in the agreements signed by the EU and its third-country partners.
The EU Annual Report on Human Rights 2008: MEPs reiterate their request that more and better information should be provided for the assessment of policies and call for a better targeting of information on certain countries, for example by focusing on “countries of particular concern” (and where it is particularly difficult to promote human rights). Moreover, MEPs call for greater efforts to disseminate the annual report and for public information campaigns aimed at raising the EU’s profile in this field. The information called for my MEPs includes an evaluation of Member States’ practices in relation to the anti-terrorism policies followed by the US Administration under the Bush presidency.
Council and Commission activities in international forums: MEPs reiterate their request to the Commission to encourage Member States, and third countries with which there are ongoing negotiations for future accession or for strengthening relations, to sign up to and ratify all core United Nations and Council of Europe human rights conventions. They call specifically for a framework agreement to be concluded between the EU and the United Nations Human Rights Council (UNHRC) with a view to promoting the ratification and implementation of United Nations conventions by all Member States. They also call for vigorous efforts to promote universal ratification of the Rome Statute on the International Criminal Court (ICC). The Czech Republic, as the only remaining EU Member State not to have ratified the Rome Statute, is called upon to finally do so. MEPs make a number of other requests, including: (i) all EU Member States should step up cooperation with the Court and conclude bilateral agreements on the enforcement of sentences; (ii) ratification of the United Nations Convention on the Rights of Persons with Disabilities; (iii) further promoting cooperation between the EU and the Council of Europe in the field of human rights, the rule of law and pluralist democracy.
Furthermore, whilst MEPs welcome the arrest and transfer of Radovan Karadžić to the International Criminal Tribunal for the former Yugoslavia (ICTY), they note with concern that Ratko Mladić and Goran Hadžić remain at large. Further noting the persistent failure of Sudan to arrest and transfer to the ICC Ahmad Harun and Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’), MEPs call for additional measures to counter the measures taken by President al-Bashir following his conviction. They also call on the EU and Member States to make efforts to enforce the Council’s conclusions on Sudan. Other black spots in terms of non respect of human rights are highlighted, for example in the DRC and Uganda.
Noting with satisfaction the first promising statements on the ICC by the new US administration, acknowledging that the ICC “looks to become an important and credible instrument for trying to hold accountable the senior leadership responsible for atrocities committed”, MEPs call on the USA to further engage with the ICC.
The United Nations Human Rights Council: whilst welcoming the work of the UNHRC and its crucial role within the overall UN architecture, MEPs consider that the EU should closely follow and monitor the undertakings of the Universal Periodic Review (a new mechanism for reviewing the human rights situation in every country in the world, based on reliable and objective data). MEPs also note that EU Member States are in a minority in the UNHRC and call for concerted action to remedy this. In this context, they propose that Member States should strengthen their engagement with democratic governments from other regional groups (particularly to counteract the policy of voting in regional blocs within the UNHRC).
In general, MEPs call for enhanced cooperation between the Council of Europe and the European Union in the field of promoting minority rights and protecting regional and minority languages.
Performance as regards the European Union human rights guidelines: MEPs consider that, despite the delay in final ratification of the Lisbon Treaty, the preparations for the creation of the new European External Action Service should continue. They take note of the Slovenian and French Presidencies’ drive to finalise European Union human rights guidelines on the rights of the child. Now they consider that necessary measures should be taken to ensure that human rights issues are followed in a more systematic way by the EU missions, for instance by appointing human rights focal points and including guidelines on human rights.
Situation of women and violence against women: MEPs welcome the new priority status given by the French Presidency to women’s issues. In this context, they call for a more serious examination of the case of Zimbabwe and for greater attention to be paid to the situation of women in conflict-affected countries.
The death penalty: whilst MEPs welcome the Joint Declaration against the death penalty, signed on 10 October 2008 by the Presidents of the European Parliament, of the Council and of the Commission, they call on the Presidency to encourage Italy, Latvia, Poland and Spain, which have signed but not yet ratified Protocol No 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) concerning the abolition of the death penalty in all circumstances, to do so. They reiterate that the EU is opposed to the death penalty in all circumstances, and emphasise once again that the abolition of the death penalty contributes to the enhancement of human dignity.
Noting the fact that the death penalty is in retreat, MEPs condemn the fact that the Iranian regime still sentences to death and executes defendants under the age of 18 (particularly homosexuals). They recall that Iran is the only country to have executed juvenile offenders in 2008. MEPs are also concerned about the possibility that the death penalty might once again start to be enforced in Guatemala. They also remain concerned that China still carries out the greatest number of executions worldwide. Moreover, MEPs condemn the practice of the death penalty in Belarus, which is the only country in Europe that continues to use the death penalty.
Torture and other cruel, inhumane or degrading treatment: MEPs urge all EU Member States that have not hitherto signed and/or ratified the Optional Protocol to the Convention Against Torture (OPCAT) to do so as swiftly as possible. They expect the Council and the Commission to enhance the cooperation with the Council of Europe for the purposes of creating a Europe-wide zone free from torture and other forms of ill-treatment, thereby setting an example for other countries of the world. They welcome the assessment of the EU Guidelines on Torture, which are designed to provide guidance for EU missions in third countries. They urge the Council and the Commission to continue the practice of demarches in respect of all of the European Union’s international partners as regards the ratification and implementation of international conventions banning the use of torture and ill-treatment. In particular, they call for the fight against torture and ill-treatment to be regarded as a top priority of the EU’s human rights policy.
Children’s rights: MEPs stress once again the crucial need to implement the EU Guidelines on Children and Armed Conflict. They note with satisfaction that the EU has instructed ambassadors to devise individual strategies regarding the 13 priority countries and welcome the adoption by the EU in June 2008 of the revised checklist, which aims to integrate the protection of children affected by armed conflict into the European Security and Defence Policy. MEPs also strongly condemn the recruitment and use of children in armed conflicts in Chad and Iraq as well as the continued use of children in the armed conflicts in Sri Lanka, Burma, the Philippines, Somalia, Congo and Burundi.
Human rights defenders: MEPs reiterate the EU’s commitment to improving protection for human rights defenders in their struggle to realise the vision set forth in the Universal Declaration of Human Rights. They draw attention to the abuse and sexual exploitation of millions of children worldwide and ask the Council and Member States to do everything possible to prevent and combat the sexual exploitation and sexual abuse of children.
Moreover, MEPs encourage the EU institutions to strengthen their support for human rights defenders by creating a focal point in the European Parliament, the Council and the Commission with a view to improving the follow-up of individual cases and coordination with other international and European organisations.
MEPs welcome the revised version of the EU Guidelines on human rights defenders and once again call on the Council and the Member States to consider in concrete terms the matter of emergency visas for human rights defenders by creating a specific and accelerated visa procedure. Furthermore, MEPs note the discussion concerning the issuing of visas for the temporary relocation of human rights defenders who are at immediate risk or in need of respite.
In terms of concrete cases highlighted by MEPs in relation to non respect of human rights, MEPs cite Belarus and, in particular, the pressure exerted on Alyaksandr Kazulin - an opponent - before the elections. They also condemn the strengthening of restrictions imposed by the Chinese government on human rights defenders before the Olympic Games, and the restrictions imposed on cyber-dissidents (whether Chinese or not). MEPs express concern about other issues in Iran (arbitrary arrest, torture and imprisonment), Nicaragua and Venezuela. In general, MEPs strongly reject the systematic violence and the recurrent acts of harassment suffered by the Sakharov Prize laureates.
Guidelines on human rights dialogues and recognised consultations with third countries: MEPs note the revised version of the guidelines, adopted under the French Presidency, on human rights dialogues with third countries and call on the Council and the Commission to initiate a comprehensive evaluation of those guidelines, based on an in-depth evaluation of each dialogue.
MEPs make a number of points concerning areas of the world where the Council and the EU have been forced to act or express their view:
General scrutiny of Council and Commission activities (including the performances of the two Presidencies): MEPs call for greater efforts and more determined action by the EU with a view to achieving a political settlement to the Darfur conflict. They stress the need to find a solution to the conflict arising in the Central African Republic and Chad, and express their intention to authorise the deployment of a UN military component to follow up EUFOR Chad/CAR.
MEPs welcome the fact that the Council establishes and regularly updates lists of focus countries in respect of which additional concerted efforts are made with a view to implementation of the European Union Guidelines on children and armed conflicts, on the death penalty (so-called ‘countries on the cusp’) and on human rights defenders. They reiterate their request that all human rights and democracy discussions with third countries, instruments, documents and reports, including the Annual Reports on human rights, explicitly address discrimination issues including the issues of ethnic, national and linguistic minorities, religious freedoms and caste-based discrimination. They note the initiative of the Union for the Mediterranean launched by the French Presidency as a new challenge aimed at promoting democracy and respect for human rights in the Mediterranean zone. However, this new initiative must not lead to less attention and priority being given to the promotion of the necessary reforms in respect of democracy and human rights in the region.
The Commission’s external assistance programmes and the EIDHR: MEPs welcome the fact that Parliament’s priorities have been taken into consideration in the 2007 and 2008 programming documents of the EIDHR. They call for the updating of the electronic compendiums, which are intended to cover all EDIHR projects organised geographically and thematically and once again call on the Commission to adjust the level of staffing allocated for the implementation of the EIDHR, both at headquarters and in the delegations, so as to take account of the peculiarities and problems of this new instrument.
Electoral assistance and election observation: MEPs note with satisfaction that the EU makes increasing use of electoral assistance and election observation to promote democracy in third countries. They stress that the comprehensive EU methodology has been very successful for the EU and welcome the publication of the first Handbook for EU election observation. However, they call for increased vigilance with regard to the criteria for selection of the countries in which electoral assistance/election observation is to take place. According to MEPs, the electoral process, including both the pre- and post-electoral stages, should be incorporated into the different levels of political dialogue with the third countries concerned.
Mainstreaming of human rights: MEPs call on the Commission to continue to monitor closely the granting of ‘Generalised System of Preferences plus’ (GSP+) benefits to countries which have shown serious flaws in the implementation of the eight ILO conventions relating to core labour standards and ask the Commission to develop criteria determining when the GSP should be withdrawn on human rights grounds.
Economic, social and cultural (ESC) rights: MEPs stress that economic, social and cultural rights are just as important as civil and political rights. They therefore call on the EU to mainstream protection of ESC rights into its external relations with third countries. Those rights include rights to food, to adequate housing, to education, to water, to land, to decent work, to social security and to form a trade union. MEPs also stress the need to promote corporate social responsibility. Once again, they call on the Council and the Commission to take EU initiatives at international level with a view to fighting persecution and discrimination based on sexual orientation and gender identity.
Effectiveness of the European Parliament’s interventions in human rights cases: MEPs call on the Council to respond in a substantive manner to the wishes and concerns expressed in formal communications from Parliament, particularly with respect to urgency resolutions. They remind Parliament’s delegations visiting third countries that they should systematically include in the agenda an interparliamentary debate on the human rights situation, as well as meetings with human rights defenders. Lastly, they welcome the setting-up of the Sakharov Network, as announced on the 20th anniversary of the Sakharov Prize.