Financing instrument for democracy and human rights worldwide (2014-2020)

PURPOSE: to establish a financing instrument for democracy and human rights worldwide (IDHRW) for the period 2014-2020 following the Development cooperation: European Instrument for Democracy and Human Rights for the period 2007-2013.

LEGISLATIVE ACT: Regulation (EU) No 235/2014 of the European Parliament and of the Council establishing a financing instrument for democracy and human rights worldwide.

BACKGROUND: this Regulation is placed within the framework of the new multiannual financial framework (MFF) 2014-2020 applicable to the Union’s external policy and cooperation with third countries. The measures provided are the following:

·        Financing instrument for development cooperation (IDC);

·        Partnership instrument for cooperation with third countries (PI);

·        Instrument for Pre-accession Assistance (IPA II);

·        European Neighbourhood Instrument  (ENI);

·        Instrument for Nuclear Safety Co-operation;

·        Instrument contributing to stability (IS);

·        this instrument for the promotion of democracy and human rights worldwide (EIDHR).

All of the procedures for the implementation of these instruments would be governed by specific Regulation adopted at the same time.

CONTENT: the Regulation establishes a financing instrument for democracy and human rights worldwide (EIDHR) for the period 2014-2020 in respect of which the Union provides assistance to the development and consolidation of democracy and the rule of law, as well as respect for human rights and fundamental freedoms in:

• enhancing participatory and representative democracy, strengthening the overall democratic cycle, in particular by reinforcing an active role for civil society within this cycle, and the rule of law, and improving the reliability of electoral processes;
• enhancing respect for and observance of human rights and fundamental freedoms, as proclaimed in the UN Universal Declaration of Human Rights and other international and regional human rights instruments, and strengthening their protection, promotion, implementation and monitoring, mainly through support to relevant civil society organisations, human rights defenders and victims of repression and abuse.

Specific objectives: the specific objectives define the general objectives of the programme including:

• the enhancement of parliamentary democracy, the processes of democratisation and local democracy;
• promotion of human rights and fundamental freedoms, as proclaimed in the UN Universal Declaration of Human Rights, in particular the promotion of a moratoria on the death penalty and the prevention of torture;
• support for, protection of, and assistance to human rights defenders, within the framework of a mechanism, including longer-term assistance and access to shelter;
• defence of the rights of lesbian, gay, bisexual, trans and intersex (LGBTI) persons;
• the fight against all forms of discrimination, including religion, ethnic or language;
• the cooperation of civil society with intergovernmental, international and regional organisations, by strengthening the capacity of these non-governmental organisations and in providing adequate training;
• the sending of Union electoral observation missions.

Progress in all these areas would be evaluated by performance indicators defined in the Regulation.

Recipient countries: the measures would be implemented on the territory of third countries, or would be directly related to situations arising in third countries or actions carried out at the global or regional level.

Note that the Regulation would be implemented independently of the consent of the governments of the third countries and other public authorities.

The measures referred to in this Regulation should take into account the specific features of crisis or urgency situations and countries or situations where there is a serious lack of fundamental freedoms, where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions.

Overall framework of assistance: the assistance provided should be granted in line with the overall framework of the Union's external action, and relevant European parliament texts in this field. To this end, a series of specific objectives and priorities have been defined in the Regulation Annex.

Implementation: Union assistance should be implemented on the basis of:

• strategy papers, and revisions thereof;
• annual action programmes, individual measures and relevant support measures;
• special measures.

All of these measures and implementing rules for this Regulation are contained in the Instruments for financing external action to implement EU external policy.

There are specific measures to define the scope of the strategy papers based on the Union's priorities, the international situation and the activities of the main partners, which would be adopted in line with the examination procedure.

Financial envelope: in line with the overall agreement on the financial framework, the financial envelope for the implementation of the EIDHR shall be EUR 1 332 752 000.

Coordination, coherence and complementarity of Union assistance: Union assistance under this Regulation should be consistent with the overall framework of the Union's external action, and complementary to that provided by other instruments or agreements for external assistance.

In order to enhance the effectiveness, coherence and consistency of the Union's external action, the Union and the Member States should seek regular exchanges of information and consult each other at an early stage of the programming process in order to promote complementarity and coherence among their respective activities both at decision-making level and on the ground. Such consultations may lead to joint programming and joint activities between the Union and Member States. The Union should also consult other donors and actors as well as civil society.

Access to documents: the European Parliament and the Council should be given access to all relevant documents in the framework of implementing the Regulation, in line with their respective role.

Annexes: the Regulation contains an Annex which defines precisely the objectives and thematic priorities of assistance by major objectives. The Commission would amend these priorities by delegated acts on the basis of recommendations contained in an implementation report.

It is noted that the joint declaration of the European Parliament, the Council of the European Union and the European Commission on election observation missions agrees that up to 25% of the budget over the period 2014-2020 should be devoted to the funding of these missions.

ENTRY INTO FORCE: 16.03.2014. The Regulation shall apply from 01.01.2014 to 31.12.2020.

DELEGATED ACTS: the Commission may adopt delegated acts to amend the thematic priorities laid down in the Annex following the publication of the mid-term review report (by 31 March 2018). The power to adopt delegated acts is conferred on the Commission for the duration of the Programme. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period can be extended for two months). If the European Parliament or the Council make objections, the delegated act will not enter into force.