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Dialogue on human rights with third countries

ACT

European Union guidelines on human rights dialogues. Economic and Financial Affairs Council of 13 December 2001 [Not published in the Official Journal].

SUMMARY

The EU undertakes to mainstream human rights into all aspects of its external policies. To do so, it will raise the issue of human rights in all its dialogues and discussions with third countries. It may also decide (on its own initiative or at a third country's request) to initiate a human rights-specific dialogue with a particular third country.

Different types of dialogue employed by the EU with third countries already deal with human rights issues. These include:

• dialogues of a general nature based on treaties, agreements or conventions (e.g. the Barcelona process , relations with the Western Balkans , the Cotonou Agreement , the Association Agreements, etc.);
• dialogues focusing exclusively on human rights (e.g. the dialogue with China);
• ad hoc dialogues extending to CFSP-related topics;
• dialogues in the context of special relations based on broadly converging views (e.g. with Canada, the associated countries or the United States).

Objectives of human rights dialogues

Dialogues on human rights seek the following objectives:

• to discuss issues of common interest and cooperate better within international bodies, e.g. the United Nations;
• to analyse problems in relation to human rights in the country concerned, gather information and endeavour to improve the situation.

Main issues covered in human rights dialogues

The issues to be discussed during human rights dialogues will be determined on a case-by-case basis. However, certain priority issues should always be included on the agenda, i.e.:

• the signing, ratification and implementation of international human rights instruments;
• cooperation with international human rights procedures and mechanisms;
• doing away with the death penalty;
• doing away with torture;
• combating all forms of discrimination;
• children's rights;
• women's rights;
• freedom of expression;
• the role of civil society;
• cooperation in the field of international justice;
• conflict prevention;
• promotion of the processes of democratisation and good governance.

Initiating dialogue

The decision to initiate a human rights dialogue with a third country will be made by the EU Council. This decision will first require an assessment of the human rights situation. The assessment will take account of the government's attitude on human rights, the commitment shown by the country in respect of the international instruments concerned, the readiness to cooperate with United Nations procedures, the government's attitude towards civil society and developments in the human rights situation in general. The assessment will be based on reports on the subject by non-governmental organisations, by the UN and other international organisations, by the European Parliament and by the Commission. The objectives to be pursued by setting up the dialogue, possible avenues for progress and the added value to be gained from this approach must be assessed before any decision is taken on initiating dialogue.

Practical arrangements for dialogue

Where and how often the dialogue is to be held and the level of representation required will be determined on a case-by-case basis. However, the third country representatives should as far as possible be the members of the government responsible for human rights. The European Union will be represented by the Troika. Civil society may also be involved in all the different phases of the dialogue. The meetings should normally take place in the country concerned. Dialogues whose primary purpose is to discuss issues of mutual interest and/or to strengthen human rights cooperation will preferably be held in Brussels.

Consistency

The Union must ensure consistency between Member States' bilateral dialogues with third countries and the dialogues conducted with them by the EU itself. Information exchange is essential to this end. The guidelines identify informal ad hoc meetings as the most appropriate way of exchanging information.

The Union must also ensure consistency between the resolutions it submits in international fora (e.g. the UN General Assembly and Commission on Human Rights) and its dialogues on human rights.

Assessing human rights dialogues

All human rights dialogues with third countries must be assessed every year, where possible. The assessment will be made by the EU Presidency, assisted by the Council Secretariat. Civil society may also be involved in this exercise. The assessment will take account of the objectives which the Union set itself before initiating the dialogue, and the expected added value. The progress made on the priority areas of the dialogue and how far the European Union's activities have contributed to that progress must also be examined. Depending on the result of the assessment, the Union may make adjustments, decide to continue the dialogue as is or terminate it (if the requirements given in these guidelines are no longer met, or if the results are unsatisfactory). A dialogue which has proved successful and has therefore become redundant may also be suspended.

Managing dialogues

The guidelines stress that continuity is essential for the management of human rights dialogues, as is the strengthening of the structures supporting the Council Presidency in the preparations for the dialogues and their follow-up. The Union could consider the possibility of associating a private foundation or organisation specialised in the field of human rights with one or more dialogues. The European Union undertakes to include human rights experts in each of its delegations taking part in dialogues.