MEPs threaten to reject international accords containing no human rights clause - Main contents

The Foreign Affairs Committee, citing the need to amend the EU's approach to human rights, gave near-unanimous backing on Wednesday to a report on the human rights and democracy clause in European Union agreements.

The clause -- which identifies "respect for democratic principles and human rights as an essential element of the EU's agreements with third countries" and provides for the possibility of taking punitive measures (ranging from postponement of projects to trade embargoes) if these principles are flouted -- has now been introduced into more than fifty of the EU's international agreements. As of the early 1990s inclusion of the clause has become more or less systematic.

This, says the Foreign Affairs Committee, is well and fine but far from enough. Many sectoral agreements, such as those on textiles, agriculture and fisheries, as well as agreements with developed countries, still lack the clause. As rapporteur Vittorio Agnoletto (GUE/NGL, IT) explained during a pre-vote debate, " we have to ensure that this clause is applied to all countries, not just ACP countries ". Echoing these words, the committee warned that Parliament is " no longer prepared to give its assent to new international agreements that do not contain a human rights and democracy clause "

On many occasions, members argued, the European Union has not been able to respond adequately to serious and persistent violations of human rights and democratic principles. The EU, the committee concluded, " must draw up new procedures and new criteria for applying the human rights and democracy clause, which must apply without discrimination between States or between their levels of development ". MEPs also called for the establishment of human rights subcommittees under EU-third country agreements. Such subcommittees, they proposed, should be responsible for reviewing compliance with the clause, monitoring its application and implementation, and proposing actions to address democracy and human rights problems.

One of the factors which have compromised the application of the clause is its vague language, MEPs argued. In order to ensure a more coherent, effective and transparent approach to European human rights policy, a revision of the current wording is indispensable. The revised clause, the committee emphasised, should be based on reciprocity, with regard both to the territory of the EU and that of the other countries involved. It should also include provisions on consultations between all parties, as well as a clear outline of the political and legal steps to be taken in response to a breach of the clause. Moreover, the EU's international agreements should assume not only adherence to already assumed international obligations but " constant and steady progress " in the area of democracy and human rights.

Although the European Parliament has the power of assent before an agreement comes into force, it lacks any such role when it comes to drawing up negotiating mandates, initiating consultations or suspending agreements (on grounds of human rights violations, for example). MEPs strongly insist, therefore, on the need for Parliament to be a joint decision-maker with the Commission and the Council in this respect.

The report was backed by an overwhelming majority of 56 members to one, with two MEPs abstaining.

23/11/2005

Committee on Foreign Affairs

chair : Elmar Brok (EPP-ED, DE)

Procedure: Own-initiative

Plenary vote: February, Strasbourg