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

DG EXPO Policy Department
2001 Commission communication argues that “To be effective, respect for human rights and
democracy should be an integral, or ‘mainstream’, consideration in all EU external policies.
This means including these issues in the planning, design, implementation, and monitoring
of policies and programmes, as well as the dialogue pursued with partners both by the
Commission and the Council” 54 . With an eye on the legal mandate of the EU, the 2002
COHOM report interprets mainstreaming as “integrating human rights (understood to
incorporate the principles of liberty, respect for universal and indivisible human rights,
fundamental freedoms and the rule of law) into every aspect of policy decision-making and
practice, within the framework of the Treaty competency of the Union’s Institutions” 55 .
As for the specific fields of external relations in which human rights are to be mainstreamed,
it is evident that a major emphasis has been put on second pillar actions, and in particular
the CFSP, which broadly includes bilateral agreements with third countries and EU
diplomatic action in multilateral venues, especially the UN and its human rights-related
bodies (including the former Commission on Human Rights and the new Human Rights
Council). The Commission communication focuses explicitly on assistance programmes
targeting both candidate Member States (at the time) and developing countries, with en
emphasis on the African, Caribbean and Pacific (ACP) countries. The 2001 Council
conclusions go a step further and embrace ‘a rights-based approach to development’,
arguing that democracy is the ‘structural framework’ 56 where the promotion of human rights
and the eradication of poverty can be realised. Besides, since 2003 and the launch of the first
mission, also the European Security and Defence Policy (ESDP) has been targeted for human
rights mainstreaming. Thus the Council established in 2006 that “[t]he protection of human
rights should be systematically addressed in all phases of ESDP missions, both during the
planning and implementation phase” 57 .
To some extent, there have been also efforts made to pursue human rights mainstreaming
in the external dimension of traditional first and third pillar actions. The 2001 Commission
communication, for example, also deals (sporadically) with Justice and Home Affairs issues,
“including immigration and asylum and the fight against organised crime, social policy, the
environment, research, culture and the information society” 58 . Separate paragraphs are
devoted to human rights issues related to trade and investment, where the Commission
sees “a proliferation of initiatives intended to promote human rights, particularly in
54 European Commission (2001) “Communication from the Commission to the Council and the
European Parliament - The European Union’s role in promoting human rights and democratisation in
third countries”, p.8.
55 Council of the European Union (2002) “Draft Council conclusions on the implementation of the
follow-up to the 25 June 2001 Council conclusions on human rights and democratisation in third
countries”, p.9.
56 Council of the European Union (2001) “Council conclusions on the European Union’s role in
promoting human rights and democratisation in third countries”, para. 17.
57 Council of the European Union (2006) “Mainstreaming of human rights into ESDP”, p.2.
58 European Commission (2001) “Communication from the Commission to the Council and the
European Parliament - The European Union’s role in promoting human rights and democratisation in
third countries”, p.7.
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