study human rights mainstreaming in eu's external relations - EIUC

DG EXPO Policy Department
2 HUMAN RIGHTS IN EU EXTERNAL RELATIONS: LEGAL BASIS,
POLICIES AND INSTRUMENTS 35
After introducing and elaborating on the concept of mainstreaming and presenting the UN
experience of human rights mainstreaming, this chapter explores the development of
human rights mainstreaming within the EU. More specifically, Section A reviews the legal
basis for human rights as provided for in the Treaties. Section B examines the overall EU
commitments to mainstreaming human rights in external relations, starting with the 2001
Commission communication that officially launched the agenda. Section C looks at the
potential tools for mainstreaming, such as human rights dialogues and thematic guidelines,
the human rights clauses and the European Initiative for Democracy and Human Rights.
Section D describes the institutional organisation put in place by the EU to support
mainstreaming. Finally, in Section E a first evaluation is provided of accomplishments and
limitations of the EU mainstreaming effort, which sets the general context and framework
within which the following analyses of specific policy areas and case studies are to be
considered.
2.1 Legal basis
When introducing the legal basis for including human rights in EU external relations one has
to consider, first of all, that external relations are predominantly a matter falling within the
second pillar, which deals with common foreign and security policy. The European Union
promotes respect for human rights – often in conjunction with democracy and the rule of
law – at many levels and in many spheres of its external relations. Its instruments of foreign
policy (agreements, dialogues, etc.) and financial assistance (including the European
Initiative for Democracy and Human Rights) provide a framework for strengthening
democracy and human rights in the world.
By now, the pursuit of human rights – often in conjunction with democracy and the rule of
law - has become a transversal objective of all of the EU’s external activities. From the very
beginning, the European integration was based on the wish for peace and freedom. In the
preamble of the 1957 Treaty establishing the European Economic Community (EEC) the
signatories declared to “preserve and strengthen peace and liberty, and to call upon the other
peoples of Europe who share their ideals to join in their efforts.” However, the codification of
these ideals and its extension to EU’s external policies began only in 1993 with the entry into
force of the Treaty on European Union (TEU). Article 11 TEU set the development and
consolidation of “democracy and the rule of law, and respect for human rights and
fundamental freedoms” as an objective of the EU’s Common Foreign and Security Policy
(CFSP). The Treaty of the European Communities (TEC) stipulates that the Community policy
in the sphere of development cooperation must contribute to developing and consolidating
democracy and the rule of law, and the respect of human rights and fundamental
freedoms 36 . With the Treaty of Nice – concluded in December 2000 – these ideals gained
35 This chapter is based primarily on contributions by Michele Grigolo and Carmen Marquez Carrasco.
36 Articles 171 and 181 TEC.
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