AMNESTY INTERNATIONAL EU OFFICE PRESS RELEASE
Date: 24 November 2005
Barcelona 10 years on: Amnesty international challenges EU to live up to
human rights obligations
(Brussels, 24 November 2005) Ten years after the Barcelona Process was
initiated, the violation of human rights continues unabated among partner
countries, while the European Union is increasingly failing to live up to its
own international obligations, namely in its response to terrorism and
irregular migration, says Amnesty International.
In a briefing paper issued today "Ten years of EUROMED: Time to end the
human rights deficit" (available at www.amnesty-eu.org), the organisation
warns that by not making Member States respect basic international
obligations, such as non-refoulement and the absolute prohibition of
torture, the EU is losing its credibility to press human rights compliance by
partner countries.
"The Mediterranean countries, rather than the EU, were generally blamed for
the human rights deficit of the Barcelona process, but today it affects both
sides of the partnership", said Dick Oosting, Director of Amnesty
International’s EU Office. "The EU must address its shortcomings not only
because its own values are being undermined, but also because its credibility
in addressing abuse by the other side is at stake", he added.
Amnesty International is also concerned that EU pressure on partner countries
to combat terrorism and control irregular migration has led to further human
rights abuses in the region. The recent tragic events at the southern European
border are only one flagrant example of the shortcomings of the partnership.
Therefore, Amnesty International calls on the EU to:
· firmly include human rights on the political agenda with adequate
implementation mechanisms and a clear time frame;
· unequivocally base counter-terrorism measures on principles of human rights
and democracy;
· respect international standards of refugee and migrant protection in efforts
to combat irregular migration;
· recognise that the shortcomings in fulfilling human rights are a shared
responsibility of all partners of EUROMED.
Full text of Amnesty International's briefing to the EU is at
http://www.amnesty-eu.org
Amnesty International (EU Office)
Tenth Anniversary of the Euro-Mediterranean Partnership
Ten years of EUROMED:
Time to end the human rights deficit
1. Summary of Recommendations
Amnesty International’s recommendations to the EUROMED Summit stress that human
rights must finally be given real priority within the Barcelona Process.
The 35 partner countries gathered in Barcelona should reaffirm human rights as a
cornerstone of their vision for the future of the EURO-Mediterranean
partnership. Countries should ensure that their efforts to enhance the security
of their citizens and co-operation on all aspects of ‘illegal immigration’ will
be based on full respect of all human rights and fundamental freedoms.
Amnesty International calls upon all the leaders of the 35 states that comprise
the EUROMED partnership to renew their commitment to promote human rights in
their own countries and across the wider region by ensuring that the work plan
for the next five years includes:
· a special focus on safeguarding human rights when countering terrorism and
managing migration;
· new mechanisms for human rights that enable partners to monitor regularly and
effectively the ratification and application of international human rights
instruments and to collaborate in securing their implementation;
· unimpeded participation of civil society in the EUROMED process, by ensuring
freedom of expression and association and by fostering independent civil society
organisations;
· an imperative that human rights within the EUROMED partnership are applied
unequivocally to all 35 partner countries without distinction or favour.
2. Political context
When the Euro-Mediterranean Foreign Ministers met in Barcelona on 27-28 November
1995 and launched the EUROMED Partnership, the new regional framework for
co-operation was set against a political context of hope for peace and stability
in the region. After the end of the Cold War and with the recent signature of
the Oslo Peace Accords, the region seemed set towards a path of renewed
political endeavour and rapprochement.
In Barcelona, the Ministers set forth three main objectives of co-operation:
Ø to achieve peace and stability by strengthening human rights and democracy;
Ø to promote prosperity through the construction of an economic and financial
partnership;
Ø to facilitate mutual understanding between peoples through a social, cultural
and human partnership.
These three cornerstones of the partnership were to give the necessary
impetus to reinforce the positive political trend.
Ten years later, the political environment has altered dramatically. Not only
has the partnership been changed by EU enlargement and the introduction of the
broader European Neighbourhood Policy, but the political agenda in 2005 is
dominated by conflict and by the increasing pressures of counter-terrorism and
fighting ‘illegal immigration’. The achievement of the original objectives, in
particular those of peace, stability and mutual understanding between peoples,
seem more remote than ten years ago.
It is widely recognised at both political and institutional levels that human
rights are essential to the partnership. As the Commission stated in its
communication(1), advancing political reform towards human rights and democracy
is key to achieving sustainable security and stability. However, there is common
agreement that the Barcelona Process has failed to improve the human rights
situation in the region.
In 2005, human rights continue to be violated on a serious and systematic scale
in most of the Mediterranean partner countries. At the same time they are under
growing pressure within the EU as responses to the challenges of countering
terrorism and irregular migration increasingly infringe on basic rights, against
a troubling backdrop of racism, xenophobia and intolerance.
Instead of addressing the fundamental problem of the Barcelona Process’ human
rights deficit in its plan for the future, the Commission’s proposals appear to
relegate human rights to conferences and educational efforts. Though important,
these can only be effective if they are deployed alongside, not instead of,
concrete efforts to ensure respect for human rights and good administration of
justice throughout the EUROMED countries.
In order to revive the original promises of the Barcelona Process, Amnesty
International considers that the following conditions should be met:
· human rights must be placed firmly and squarely on the political agenda,
underpinned by adequate implementation mechanisms and a clear time frame;
· counter-terrorism measures must be based on principles of human rights and
democracy;
· efforts to control migration must be in accordance with international
standards of refugee and migrants’ rights protection;
· the EUROMED human rights agenda being essentially reciprocal, both sides must
confront their shortcomings on a basis of shared responsibility.
3. The EUROMED partners: human rights deficit
Over the past ten years Amnesty International has produced numerous reports
detailing the gross human rights deficit of the Barcelona Process.
In the Southern Mediterranean countries, this deficit includes the continuing
use of arbitrary detention, unfair trials, torture and the death penalty in most
countries; sharp curbs on freedom of expression and association, targeting of
human rights defenders, unresolved "disappearances", and extrajudicial killings
in a number of countries and violations of the rights of women and widespread
impunity for perpetrators of human rights violations throughout the region.
In EU Member States, the human rights deficit has been exemplified by patterns
of excessive use of force, ill-treatment and even torture by state agents, often
marked by discriminatory elements and with impunity for perpetrators; unlawful
detention and refoulement of asylum seekers and compromising important
human rights principles when devising counter-terrorism measures.
In spite of the EU’s stated commitment to further the "respect for human rights
and democratic principles" in its international co-operation with third
countries, it has failed to intervene and to effectively apply the human rights
clause of Article 2 common in the agreements to either the partner countries or
to its own Member States. Furthermore, the failure to address human rights
violations by individual EU Member States makes the EU as a whole complicit and
can only undermine its political and moral authority to raise human rights
concerns with third countries.
Within the Barcelona Process, Amnesty International notes with concern the
paradox that while the EU develops frameworks and allocates significant
resources to promote human rights, it tolerates or turns a blind eye to
practices which have undermined human rights protection in partner countries.
Similarly EU Member States export their restrictive agendas on countering
terrorism and ‘illegal immigration’, effectively undermining human rights
protection in the partner countries, as well as their own ambition to provide
durable solutions to the challenges posed by terrorism and irregular migration.
4. Combating terrorism: human rights eclipsed
The parties to the Barcelona Declaration expressly declared that "the peace,
stability and security of the Mediterranean region are a common asset which they
pledge to promote and strengthen by all means at their disposal". They
further committed to "strengthening their co-operation in preventing and
combating terrorism, in particular by ratifying and applying the international
instruments they have signed, by acceding to such instruments and by taking any
other appropriate measure."
The Euro-Mediterranean Conference of Ministers of Foreign Affairs held in
Brussels in October 2001 was the first after the 11 September tragedy in the
United States. In their conclusions, the Ministers "express their total
condemnation of terrorism everywhere in the world (…) and welcome the adoption
of Res.1373(2001) of the United Nations Security Council aimed at eliminating
all forms of support for terrorism and pledge rapidly to take the measures
needed to implement it."
Amnesty International unconditionally and unreservedly condemns attacks on
civilians and calls for those responsible to be brought to justice. States have
an obligation to take measures to prevent and protect against attacks on
civilians; to investigate such crimes; to bring to justice those responsible in
fair proceedings and to ensure prompt and adequate reparation to victims.
Amnesty International recognises that in the aftermath of the 11 September
attacks and other attacks in several EUROMED countries, it was incumbent upon
the EU and its Mediterranean partners to review legislative and other measures
with a view to ensuring non-repetition of such attacks and protection of those
under their jurisdiction.
However, within the EUROMED context, counter-terrorism measures have eclipsed
other agendas and human rights in particular. With the political and security
partnership in disarray by the flaring crisis in the Middle East, the fight
against terrorism appears to provide the only common ground for advancing the
political dialogue between the EU and its Mediterranean partners. This is
reflected in the agendas of the annual meetings of Ministers of Foreign Affairs,
and by the fact that all recent Association Agreements (as of 2000) contain a
specific clause on terrorism. This increased focus has culminated in the
European Commission five-year work programme put forward to mark the 10th
anniversary of the EUROMED Partnership, which turns the fight against terrorism
and irregular migration into primary elements of the partnership.
The absolute necessity for states to ensure that all counter-terrorism measures
be implemented in accordance with international standards of human rights,
humanitarian and refugee law has repeatedly been made clear by the UN Security
Council, the European Court of Human Rights, and the Committee of Ministers of
the Council of Europe, among others. In official pronouncements, the EU too has
consistently subscribed to the principle that there can be no security without
human rights, and distanced itself from portraying human rights as a barrier to
effective protection from terrorist acts rather than as a pre-requisite for
genuine security.
However, amid the flurry of recent counter-terrorism initiatives both in the EU
and beyond, the concept of human rights and the rule of law as the basis for
genuine security is almost invisible. As the political focus on
counter-terrorism measures has increased, the human rights agenda has fallen
victim to a wrongly perceived ‘Realpolitik’, side-stepping not only countries’
international obligations but also ignoring the vital role human rights play in
conflict resolution and establishing long term stability.
Amnesty International is deeply concerned that in its policies and legislation
on counter-terrorism the EU has failed so far to properly address the serious
issue of protecting fundamental rights. In practice the EU and its Member States
have a habit of ignoring breaches of rights protection within the EU, while too
little attention is given to human rights abuses that may result when suspects
are returned to their countries of origin or third countries. These include
EUROMED partner countries.
In surveying the multitude of counter-terrorism initiatives at EU level since 11
September 2001, Amnesty International established that there are serious human
rights deficiencies in the EU’s criminal law response to terrorism, while a
blind eye is turned to the questionable laws and practices on counter-terrorism
in EU Member States as well as in EUROMED partner countries.
Many of the EUROMED partners have used the pretext of the ‘war on terror’ to
reinforce or introduce repressive measures against political opponents,
minorities and citizens in general. Anti-terrorist legislation contains broad
definitions that are used to criminalise legitimate exercise of the rights to
freedom of expression and association, and to clamp down on political opposition
and human rights activists. Mechanisms applied to combat terrorism not only
threaten human rights standards, but also thwart important democratic processes
and initiatives. Within the EU, there is a real risk that counter-terrorism
policies, in the way they are applied in practice, may lead to a sense of
alienation within certain sectors of society that may feel as though they are
being unfairly targeted.
The common values of human rights, democracy and the rule of law are a
cornerstone of the EU’s Common Foreign and Security Policy. Failure to address
significant human rights deficiencies internally undermines the EU’s credibility
when trying to promote human rights externally. Unless the EU takes active steps
to address its own shortcomings and Member States’ failure to comply with their
international human rights obligations, it not only loses credibility and
authority on human rights issues with its EUROMED partners, but it also
seriously undermines the key objectives of its Common Foreign and Security
Policy as a whole.
5. Managing migration: the human cost of Fortress Europe
In light of the tragic incidents in recent months in the Mediterranean area,
Amnesty International has documented evidence of a consistent pattern of human
rights violations in this region linked to interception, detention and expulsion
of foreign nationals, including persons seeking international protection.
The string of incidents at the Southern European borders is tangible evidence
that the integrity of the international refugee system is put at risk by EU
Member States’ practices. Despite a sharp decline in asylum applications in most
EU Member States, these same countries are increasingly tempted to withdraw from
their international commitments regarding refugee protection and to shift
responsibility to neighbouring third countries where responsibility,
enforceability and accountability for effective protection are likely to be
minimal at best, and where states’ practices towards refugees and migrants have
also often been abusive of their human rights. These include EUROMED partner
countries.
Beyond this ‘protection crisis’, these events have shed light on a major
‘migration crisis’ within the context of the continuing gross imbalance between
Northern and Southern countries. In assessing the impact of EU policies on
neighbouring countries, there can be little doubt that the manner in which the
‘fight against illegal immigration’ is conducted risks exacerbating rather than
alleviating the problems associated with irregular migration. The lack of real
solidarity, combined with abusive practices puts a strain on the EU’s stated
goal of seeking durable solutions and tackling its root causes. It undermines
the EU’s credibility and legitimacy in asking others to carry burdens that it is
not prepared to accept itself.
Amnesty International acknowledges recent initiatives such as regional
protection programs undertaken by the EU to enhance refugee protection in
regions of origin and countries of transit. However, while keeping refugees
close to their regions of origin is seen as a panacea from the perspective of
European governments, the presence of large numbers of refugees may have a
detrimental impact on the political stability of the host societies. The
Barcelona Process should be used as a framework to develop a sustained and open
dialogue on ‘regional protection’. Central to the debate is the definition of
what constitutes effective protection and who will be in charge of assessing
refugee needs.
However, the EU’s contribution to enhancing the refugee system should not be
limited to legal, financial and technical assistance to third countries. It
should also be translated into practice by concrete solidarity measures with
countries that are facing severe difficulties to develop proper reception
facilities and integration schemes and are often hosting large numbers of
refugees. In this context, expanded resettlement opportunities within EU
countries would constitute a welcome development for the EU and a significant
contribution to international protection.
Another significant step would be to develop emergency tools that would allow
the EU to intervene promptly and efficiently when a neighbouring country is
faced with a massive humanitarian or migration crisis. Such tools could range
from adequate financial instruments to a joint team of experts who could assist
in processing asylum claims and identifying vulnerable groups. Such tools should
be geared towards the protection of people rather than focussing on border
controls.
Central to the debate is also a renewed commitment towards the United Nations
and the need to increase its capacity to prevent and solve humanitarian and
political crises. Greater financial and political support to the UN High
Commissioner for Refugees is a key element in enhancing refugee protection and
developing durable solutions.
The recent crisis has highlighted the need for EU Member States to enhance the
protection of migrants’ rights. Migrants working illegally in the EU are
suffering economic exploitation and are the victims of discrimination and
xenophobia. The EU policy to fight irregular immigration has so far primarily
targeted individuals through a control-driven approach, and there is as yet no
coherent approach to labour exploitation. Amnesty International believes that
the starting point for a discussion on economic migration management must be the
rights of migrant workers which should be firmly grounded in principles of
non-discrimination and of equality before the law. Furthermore, the EU’s policy
on economic migration should seek to prevent and eliminate the exploitation of
all migrant workers and members of their families, and provide mechanisms to
ensure that those responsible for abuse are held to account.
Whereas most of the non-EU states party to the Barcelona Process have already
ratified the 1990 UN Convention on the rights of migrants and their family
members, this convention has not been acted upon by most EU Member States. In
order for migrant workers to receive comprehensive protection, Amnesty
International calls on the EU to encourage the Member States to ratify the
Migrant Workers Convention, including the optional provision of article 77
regarding individual complaints.
6. The way forward: renewed focus on human rights and democracy
The governments of the EUROMED Partnership committed themselves to act in
accordance with the UN Charter and the Universal Declaration of Human Rights.
Their signature expressed a political will to develop the rule of law and
democracy, and to respect human rights and fundamental freedoms, such as freedom
of expression and freedom of association. In the current political climate it is
more important then ever that the EU acts as a strong proponent of human rights
standards in its relations with the EUROMED partners, and that it applies those
standards scrupulously and systematically in its own conduct.
Respect for human rights in all EUROMED countries
To revitalise the human rights dimension of the EUROMED partnership as a matter
of priority, human rights must be placed firmly on the political agenda of all
relevant fora, with concrete mechanisms to be developed and applied consistently
without favour to implement the human rights clause of the Association
Agreements and the human rights commitments of the Action Plans under the
European Neighbourhood Policy.
· The November EUROMED Summit should task the proposed Euro-Mediterranean
conference on human rights and democratisation in 2006 to ascertain progress and
problems to date and to design a framework of action for the next five years to
include:
² an annual review of the situation of human rights in all countries of the
partnership;
² priorities for corrective action on the basis of agreed benchmarks;
² full participation of civil society based on unimpeded enjoyment of freedom
of expression and association;
² mainstreaming of human rights in all areas of co-operation including trade,
education and security.
· The EU should end the bias in the Barcelona Process to date by which the
focus is on human rights violations in the Mediterranean partner countries only.
Respect for human rights in combating terrorism
· All partner countries should ensure that all measures to enhance security and
combat terrorism are in full compliance with international standards of human
rights, international humanitarian and refugee law.
Respect for human rights in managing migration
· The EU should develop a comprehensive approach to migration and ensure respect
of the integrity of the international refugee protection system as well as of
basic human rights of all migrants, regardless of their legal situation.
Copyright ©
2005 Hispano-Turco.Com
All Rights Reserved. Her Hakkı Saklıdır.
Propiedad Intelectual.