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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.