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HUMAN RIGHTS
IN THE EUROPEAN PARLIAMENT
AND THE EPP
INTRODUCTION
Since at least the late 1970's, the European Parliament has played a very important role in promoting human rights as an integral component of EU policies in both the internal and external domains. It has done so in a variety of ways, including through annual reports on different issues, debates and resolutions; withholding of its assent to external agreements in cases where serious human rights problems persist; insistence upon increased funding for human rights and democratisation programmes; sending of election monitors and parliamentary delegations; and regular calls upon the Commission and the Council to adopt more human rights-friendly policies.
This institution, as the only democratically, directly elected parliament in the world, exercises the duties and powers that its advisory, supervisory and control functions demand in defining and implementing C FSP. The Parliament does not limit itself to condemning or sanctioning the policies followed by third countries. On the contrary, it encourages a true dialogue and exerts an international pressure for the release of political prisoners or for the salvation of human lives. The intention is to build bridges rather than barriers.
The EPP Group has throughout the years been truly committed to the cause of human rights, both in the House and in the Committee on Foreign Affairs and Security and its Subcommittee on Human Rights. It has therefore been responsible for a number of important actions in this field, such as:
- insisting on the inclusion of human rights clauses in trade agreements with third countries;
- opposing to all kinds of torture and the use of the death penalty;
- offering its support to the fight against anti-semitism, racism, xenophobia and other forms of intolerance and calling on the Member States to establish a European day for the commemoration of the holocaust;
- supporting attempts by the international community to bring humanitarian aid to the people;
- expressing its concern about the living conditions of thousands of refugees and displaced persons hidden in the jungle of the Congo, and calling for an independent international inquiry under the auspices of the UN to carry out a full investigation into the existence of mass graves in Congolese territory;
- condemning the PKK and other Kurdish organisations who resort to violence, as well as the attitude of the Turkish Government towards the Kurds and the insufficient recognition of human rights;
- calling for the rationalisation of aid for democracy programmes;
- demanding that fundamental rights should be included in any new Treaty.
"A Christian Democratic concept of the human person requires us to work actively for democracy and human rights. Democracy and human rights are strongly rooted in Western Europe. The EPP Group sees therefore the Community as having a major responsibility in the defence and propagation of fundamental human rights. It also has a sense of solidarity with people oppressed by dictatorial regimes and therefore has a duty to help"- Action Programme 1989-1994.
1957
Treaty of Rome (signed 25 March): although in 1953 the article 3§3 of the draft statute referred to the European Convention on Human Rights, and also to the additional protocol as part of the statute, no reference or catalogue of human rights was included in the Treaties establishing the European Communities. The exceptions can only be seen in the Preamble when it refers to "preserve and strengthen peace and liberty" and the principle of non-discrimination in articles 7 of the EEC Treaty (non-discrimination on grounds of nationality), 4b of the ECSC Treaty (non-discrimination on grounds of economical situation), and 119 of the EEC Treaty, which states the "principle that men and women should receive equal pay for equal work", as well as the four big freedoms of movement. However, it is clear that these articles have an economical character, without true social connotation.
1972
Declaration of the Paris Summit (19 and 20 October) (EC Bull. 10-1972)
1973
Document on European Identity (Copenhagen Summit, 14 December) (EC Bull. 12-1973)
1977
Joint Declaration on Fundamental Rights (European Parliament, Council and Commission, 5 April) (OJ N.º C 103, 27.4.1977)
1978
Declaration on Democracy (Copenhagen European Council, 8 April) (EC Bull. 4-1978)
1979
First Directly Elected European Parliament: these elections transformed the European scene. For the first time the citizens of Europe were given a direct say in the composition of a joint Parliament. In addition to the other powers accorded to it, the European Parliament gained a higher degree of legitimacy, which opened up new scope for action and decision-making. This represented a further important step towards the political unification of a Europe of free citizens.
End of the first Parliamentary term (1979-1984): a commitment to human rights and the recognition of their importance is well expressed in the EPP Manifesto: "We have a duty to defend human rights, basic freedoms of the individual and the rights of peoples. Unless these rights and freedoms are respected, true peace is impossible. Human rights and basic freedoms are regarded throughout the world as more important than the right of sovereignty. The protection of such rights and freedoms cannot therefore be interpreted as interference in the sovereign rights of another country, particularly when governments have formally committed themselves to respecting them. In this spirit we shall fight against tyranny."("Europe: The Challenge- The principles, achievements and objectives of the EPP Group from 1979 to 1984", EPP Group of the European Parliament, December 1983, p.2.)
The EPP takes an impartial defence of human rights.
Subcommittee on Human Rights: established by the Political Affairs Committee, which notably draws up an annual report (Since 1983 the Parliament has regularly held a major debate on human rights in the world and has adopted a series of reports on the subject. In December 1998 the tenth of such reports is going to be debated in plenary) on Human Rights in the World and Community Human Rights Policy to inform and alert European public opinion to human rights violations committed throughout the world.
1985
ACP-ECC Joint Assembly (28 September) (Pursuant to art. 277(1) of the ACP-EEC Convention signed in Lomé on 8 December 1984 and art. 351(1) of the ACP-EEC Convention signed at Lomé on 15 December 1989 and revised on 4 November 1995, the Joint Assembly adopted these Rules of Procedure at its sitting on 28 September 1985 in Inverness (UK) and amended them on 30 September 1987, 29 September 1989, 26 September 1991 and 26 September 1996. For further information see http://www.europarl.ep.ec/dg2/acp/en/role.htm.): The ACP-ECC Joint Assembly was created out of a common desire to bring together the elected representatives of the European Community- the Members of the European Parliament- and the representatives- both elected and non-elected- of the Africa, Caribbean and Pacific States that have signed the Lomé Convention: it is the only institution of its kind in the world. Since the entry into force of the Treaty on European Union and EU enlargement it has acquired a more prominent role. A substantial part of its work is directed towards promoting human rights and democracy and the common values of humanity, and this has produced joint commitments undertaken within the framework of the UN conferences.
1986
Single European Act (February)(OJ N.º L 169, 29.6.87): the preamble affirms the willingness of the Member States to "promote democracy on the basis of the fundamental rights recognised in the constitutions and laws of the Member States, in the Convention for the Protection of Human Rights and Fundamental Freedoms and the European Social Charter, notably freedom, equality and social justice". From 1987 onwards, the Single European Act increased considerably the powers of the Parliament, which can oppose accession treaties, association agreements, and even financial protocols if there is no compliance with its views. This is a way to push for the respect of human rights in third countries interested in establishing links with the Community.
Declaration Against Racism and Xenophobia (European Parliament, Council, representatives of the Member States meeting within the Council, and Commission, 11 June) (OJ N.º C 176, 14.7.1986): this Declaration is based on Evrigenis report (EPP-GR) for the Committee of Inquiry into the Rise of Fascism and Racism in Europe (December 1985).
Declaration on Human Rights (Foreign Ministers meeting in European Political Co-operation, and Council, 21 July) (EC Bull. 7/8 1986)
1988
The 1988 Sakharov Prize: awarded to Nelson Mandela and Anatoli Marchenko (posthumously). This prize was instituted by an EP resolution in 1985- at a time when the late Dr. Sakharov was in exile in Gorky- and it is awarded annually by the EP to honour an individual or organisation for outstanding work in the fields of humanitarian co- operation, defence of human rights and respect for international law.
1989
Declaration on Fundamental Rights and Freedoms (European Parliament, 12 April) (OJ N.º C 120, 16.5.1989)
End of the second Parliamentary term (1984-1989): the European Parliament is fighting hard to defend democracy, even though- and what could be more natural, since we live in a democracy- Members of the EP differ in their views. They are, however, agreed on one basic goal: to work towards a Community human rights policy as part of the Community's external relations. Debates on violations of human rights in South Africa, Argentina, Chile and elsewhere are frequent. Violations of human rights are therefore denounced, pressure is exerted on the Foreign Ministers, and action is taken against regimes whose disregard for human rights have been exposed ("Europe: A Time to Choose- Elections June 1984", Office for Official Publications of the European Communities; Catalogue number: AX-40-84-020-EN-C, p.34.).
The EPP in the course of the second legislature: the commitment of the EPP Group is essentially characterised by the true Christian values of human dignity, freedom and the sense of responsibility. Therefore, the EPP Group condemns all human rights violations. For the European Christian Democrats, peace cannot and must not sacrifice human rights. Considering the situation in Afghanistan, the EPP Group did everything in its power to accomplish the withdrawn of the soviets from the country. The EPP Group also did not miss any opportunity to express its opposition to racial segregation in South Africa, since this represents a serious violation of human rights. The EPP Group considered it possible to have a peaceful solution to the problem and made every effort to establish a dialogue with the government of Pretoria. Finally, the Christian Democrats expressed their solidarity with the countries of Latin America, which suffered so much, and still do, from human rights violations ("Europe - Our arguments", EPP Group of the European Parliament, January 1989, p.27-29).
Fourth ACP-EEC Convention (signed at Lomé on 15 December): re-negotiation of the Lomé Convention which lays down the principles of economic and development co- operation between the EC and some 60 African, Asian, Caribbean and Pacific countries. The linkage between democracy, development, and human rights was firmly emphasised and the promotion of human rights became the cornerstone of the Fourth Lomé Convention, specifically anchored in article 5. Therefore, from then on the Union gained the possibility of suspending any agreement concluded with these countries on the basis of human rights violations (For further information see "The EC Approach to the Protection of Human Rights", Nordic Journal of International Law 61/62: 229-232, 1994).
The 1989 Sakharov Prize: awarded to Alexander Dubcek.
1990
Resolution on Combating Racism and Xenophobia (Council and representatives of the Member Sates meeting within the Council, 29 May) (OJ N.º C 157, 27.6.1990)
Declaration on Anti-Semitism, Racism and Xenophobia (Dublin European Council, 25 and 26 June) (EC Bull. 6-1990)
The 1990 Sakharov Prize: awarded to Aung San Suu Kyi.
1991
Declaration on Human Rights (Luxembourg European Council, 28 and 29 June) (EC Bull. 6-1991)
Resolution on Human Rights, Democracy and Development (Council and Member States meeting within the Council, 28 November) (EC Bull. 11-1991): this resolution gives high priority to incentives as a means for the European Union to encourage the democratic transition process in developing countries or consolidate democracy in those countries and promote observance of basic human rights.
Declaration on Racism and Xenophobia (Maastricht European Council, 9 and 10 December) (EC Bull. 12-1991)
The 1991 Sakharov Prize: awarded to Adem Demaçi.
1992
Treaty on European Union (signed in Maastricht on 7 February) (ISBN 92-824-0960-0): human rights are again mentioned in the preamble, but more important is article F.2 which constitutes a codification of all the solutions given by the jurisprudence of the Court, where the ECHR is always seen as a source of general principles. The Treaty puts the "respect for human rights and fundamental freedoms" under the objectives of the CFSP and indicates that co-operation in the fields of justice and home affairs must be dealt with "in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the Convention relating to the Status of Refugees of 28 July 1951" (art. K.2§1). Finally, article 130U relative to Community policy in the sphere of development co-operation, in paragraph 2 states that "Community policy in this area shall contribute to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms".
Committee on Civil Liberties and Internal Affairs (January): this committee was established following the agreement at the Maastricht European Council of December 1991 on the draft Treaty on European Union. The Committee is charged with covering the justice and home affairs "pillar" of this new Treaty, together with matters such as human rights problems in the Community, the fight against racism and xenophobia, and against drugs.
Committee on Foreign Affairs and Security: The Political Affairs Committee was renamed and its responsibilities redefined.
The 1992 Sakharov Prize: awarded to Mothers of the Plaza de Mayo.
1993
The 1993 Sakharov Prize: awarded to the Sarajevo daily newspaper "Oslobodjenje".
1994
End of the third Parliamentary term (1989-1994): in the course of the third legislature, the Parliament approved 427 resolutions, posed 900 parliamentary questions, and organised five public hearings concerning human rights in the world. In respect of human rights in the EU the registers attest 56 resolutions, 131 oral questions, 5 public hearings and 2 committees of inquiry concerning human rights in the EU ("Le Parlement Européen et les Droits de l'Homme", Revue du Marché Commun et de l'Union Européene, n.º 394, Janvier 1996).
The EPP in the course of the third legislature: the EPP Group in the European Parliament has continued to work ceaselessly to improve respect for human rights in the world. In all its policy statements the EPP Group has always confirmed its own concept of human rights:
- Indivisible (they are an integral part of the individual)
- Indispensable (essential condition for peace and freedom)
- Universal (must be valid everywhere, including across borders)
The EPP Group has thus helped to improve and complete the resolutions on human rights adopted by the European Parliament. Thanks to the stand taken and the pressure exerted by the European Parliament, and by the EPP Group within it, the principle of EU aid being conditional upon respect for human rights and democracy is gradually but increasingly being accepted by developing countries. Finally, the European Parliament, and the EPP Group in particular, called for standard clauses on human rights to be included in all future trade, co-operation and aid agreements negotiated by the EU with third countries. It has resolved to withhold its assent, and so delay or block such agreements, where human rights are violated, a step it has already taken recently in the case of finance programmes for Turkey, Israel, Algeria, Morocco and Syria ("EPP Group Leaflets- European Elections In June 1994").
The 1994 Sakharov Prize: awarded to Taslima Nashreen, poet, novelist and journalist, sentenced to death by a group of Muslim extremists calling for her execution and putting a price on her head. In addition to the fact that she is an outstanding defender of freedom of thought, it is extremely important that the European Parliament state its opposition to religious fanaticism, whose influence is gaining ground in many religious organisations.
Election of Mrs Marlene Lenz as President of the Subcommittee on Human Rights (July 1994 / January 1997)
1995
"Memorandum to the European Parliament on the Activities of the European Union in the Field of Human Rights, 1994" (Council of the European Union): the respect for and protection of human rights is, as the Treaty on European Union reaffirms, one of the fundamental objectives of the Union. This concern is reflected both in the policies pursued by the Union in multilateral fora, in the political dialogue conducted with third countries and in the negotiation of agreements with them. It is the Council's reasoning that the European Parliament should be kept informed in as complete and coherent a manner as possible of the activities of the Union in the field of human rights. So, the Council considered it desirable that from 1994 the annual Memorandum to the Parliament should cover the full calendar year. Consequently, the Memorandum covers the same period as the report submitted by the Commission and Member States on the follow-up of the November 1991 Resolution on human rights, democracy and development ("Memorandum to the European Parliament on the Activities of the European Union in the Field of Human Rights, 1994", C4-0086/95, p.2).
Subcommittee on Human Rights (1994-1995): adoption of a report on "Human rights in the world in 1993-1994 and the Union's human rights policy", which among other purposes, re-emphasised that the link between respect for human rights and the promotion of democracy must form the basis of the European Union's external policy. A public hearing was held to mark the fiftieth anniversary of the United Nations, and at the same time, to enrich the debate among MEPs on humanitarian aid: "The United Nations at Fifty: The Humanitarian Challenge".
Urgencies and Human Rights (1994-1995): during the parliamentary year of 1994-1995, fifty-four resolutions concerning specifically human rights were adopted following the procedure under article 47.
The 1995 Sakharov Prize: awarded to Mrs Leyla Zana, the first Kurdish woman member parliament, who was imprisoned in Ankara.
1996
Subcommittee on Human Rights (1995-1996): two resolutions and two reports accompanied by a resolution on human rights were adopted in plenary. The first of these resolutions emphasised in particular the importance it attached to the human rights situation in China and, notably, the imprisonment of Wei Jinsheng, the Pan Am project, the question of the Panchen Lama appointed by the Chinese authorities and the situation in orphanages. The second reiterated its condemnation of the death sentence issued on 14 February 1989 against Salman Rushdie by the Iranian Government. It calls on the Council and Member States to undertake a new initiative in this matter and to adopt more concrete measures so as to increase pressure on the Government to make a written declaration that it will not carry out the fatwa and will restrain Iranian citizens from trying to do so. As to the reports, there is the Habsburg report on the proposal for a Council and Commission Decision on the conclusion of a Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of one part, and the Kingdom of Marocco, of the other part, which proposes that Parliament give its assent to the conclusion of the Agreement, expressing concern at the human rights situation in Marocco. The other report is the Carnero Report on EU-Turkey relations-Resolution on human rights in Turkey, where the European Parliament approves the Commission proposal for a Council regulation regarding the implementation of a special financial co-operation measure for Turkey, as an encouragement to the Turkish Government's commitment to continue the process of democratisation and improvement of the human rights situation. Two public hearings were held, one concerning "The human rights clause in external agreements" and the other concerning "Free speech - free media".
Urgencies and Human Rights (1995-1996): fifty-nine resolutions concerning human rights were adopted under article 47 procedure.
The 1996 Sakharov Prize: awarded to Wei Jingsheng, one of China's leading dissidents. He was sentenced to 15 years imprisonment for "counter-revolutionary" activities in 1979, released on parole after 14 ½ years in prison, and rearrested in April 1994 for speaking openly on the subject of human rights and political measures and for establishing contacts with foreigners. Following his arrest, he was kept in solitary confinement for 19 months without evidence and in December 1995 was sentenced to 14 years imprisonment.
1997
Treaty of Amsterdam (signed 17 June): it is an important instrument when it comes to the consecration of human rights in the heart of the EU. (I) It affirms the human rights statute in EC law on one hand, and (II) enriches their protection on the other.
Subcommittee on Human Rights (1996-1997): adoption of the Lalumière report "Human Rights throughout the world", which among other things, calls, in particular, for closer co-ordination between human rights initiatives of the Council, Commission and European Parliament and for the greatest possible account to be taken of the views expressed by the Parliament, which necessitates an appropriate follow-up mechanism. Two public hearings were held, one on "Impunity", and the other on the "Social Clause". The chairperson, André Soulier, summarised the reason for the latter thus: "Our world is experiencing a major revolution. It needs to produce and sell, but not no matter how".
Public hearing on the situation in Algeria (25 November): this public hearing was held by the Subcommittee on human rights and paved the way for the despatch of a interparliamentary delegation to examine it on the spot (February 1998). This was led by Mr Soulier, the other member of the Group accompanying him being Mr Hernandez Mollar. The Government of Algeria found itself in a vicious circle of having to impose restrictions on democratic freedoms against a political movement, the Islamic Salvation Front, which in the name of religion sought an end to democracy. Armed groups of the Front were massacring large numbers of people. Amnesty International felt that a solution lay in an international inquiry into the sources of violence with the aim of defining a programme for the protection and promotion of human rights. Mr Soulier stressed the need for interparliamentary dialogue and to encourage the development of democratic institutions in Algeria. He suggested to the Foreign Minister of Algeria that a delegation of the UN High Commissioner for Human Rights should be invited. An enquiry delegation arrived in Algeria on 23 July 1998. The Subcommittee decided to invite Algerian parliamentarians to pursue at an early date the dialogue started with the European Parliament.
Urgencies and Human Rights (1996-1997): on the subject of human rights, thirty-nine resolutions tabled by the EPP were adopted during this parliamentary year.
The 1997 Sakharov Prize: awarded on 17 December to Ms Salima Ghezali, an Algerian journalist, for her efforts in defence of women and human rights in the Maghreb.
1998
European Monitoring Centre on Racism and Xenophobia: In 1997 the Member States and the European Parliament agreed to the setting up of a monitoring centre in Vienna, which started its functions on January this year. This centre has a dual role: to take stock of and evaluate racism and xenophobic phenomena and analyse their causes and to formulate concrete and practical proposals to combat them (OJ C 171, 1998).
Fiftieth Anniversary of the Universal Declaration of Human Rights Commemoration (23 June): in the subcommittee on human rights, the highlight of the year's work was the commemoration of the Fiftieth Anniversary of the Universal Declaration on Human Rights, with a special address by Commissioner Emma Bonino, Mrs Mary Robinson in her capacity as UN Commissioner for Human Rights, Mr André Soulier as Committee Chairperson and Mr Anthony Lloyd, who spoke for the British Presidency. Mr Soulier highlighted the principal areas of activity of the European Parliament and the importance of balancing the pursuit of economic relations with attention to human rights and democracy.
The 1998 Sakharov Prize: will be awarded to Mr. Ibrahim Rugova following a proposal of the EPP Group and others.
Publisher: Pascal Fontaine
Author: Teresa Anjinho (stagiaire)
Or.: EN
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