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

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DG EXPO Policy Department<br />

It should be noted that the legal basis for the EIDHR has been adopted by co-decision with<br />

the European Parliament. The Parliament’s role <strong>in</strong> the follow-up of the implementation of<br />

the EIDHR by the Commission rema<strong>in</strong>s, however, limited. There might thus be scope for a<br />

greater <strong>in</strong>volvement of the Parliament <strong>in</strong> the evaluation of the implementation of this<br />

<strong>in</strong>strument. From a <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong> po<strong>in</strong>t of view, such <strong>in</strong>volvement should ideally be done<br />

by associat<strong>in</strong>g the different EP committees.<br />

The European Instrument for Democracy and Human Rights (EIDHR)<br />

The EIDHR should not be seen as a <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong> <strong>in</strong>strument as such, but<br />

rather as a <strong>human</strong> <strong>rights</strong> and democracy promotion <strong>in</strong>strument which is<br />

addressed to <strong>human</strong> <strong>rights</strong> actors and managed by <strong>human</strong> <strong>rights</strong> focal po<strong>in</strong>ts<br />

with<strong>in</strong> the Commission. Even so, if used efficiently, this <strong>in</strong>strument has the<br />

potential to re<strong>in</strong>force and enhance <strong>human</strong> <strong>rights</strong> <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong>. Indeed,<br />

complementarity between the EIDHR and geographical <strong>in</strong>struments is clearly<br />

foreseen with<strong>in</strong> the legal basis of the EIDHR. One may thus advocate that the<br />

EIDHR should be deliberately used to further the <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong> of <strong>human</strong><br />

<strong>rights</strong> with<strong>in</strong> the different sectors of activities covered by the geographical<br />

<strong>in</strong>struments. Initiatives undertaken <strong>in</strong> the framework of cooperation between<br />

the EU and third country authorities could often benefit from parallel actions<br />

undertaken by civil society organisations <strong>in</strong> relation to the same field, and viceversa.<br />

EIDHR may similarly contribute to the development of <strong>in</strong>tegrated approaches to<br />

<strong>human</strong> <strong>rights</strong> with<strong>in</strong> the <strong>in</strong>ternal structure of the EU, and more particularly of<br />

the Commission. For example, the <strong>in</strong>volvement of different services, both <strong>in</strong><br />

Brussels and at delegation levels, <strong>in</strong> the design and management of calls for<br />

proposals can be a factor contribut<strong>in</strong>g to more effective <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong>.<br />

The fact that local NGOs are f<strong>in</strong>ancially supported by the EU also provides an<br />

<strong>in</strong>centive for Commission staff and EU Member States to get <strong>in</strong>volved, should<br />

representatives from these organisations suffer from <strong>human</strong> <strong>rights</strong> violations.<br />

This was, e.g., the case when funds allocated to the Tunisian League for Human<br />

Rights were blocked by the authorities <strong>in</strong> 2003. Even if the EU did not manage<br />

to resolve the problem, it was raised at the time at all possible levels. Several<br />

Member States as well as Commissioner Chris Patten raised the matter several<br />

times with the Tunisian authorities. Generally speak<strong>in</strong>g, however, it must be<br />

recognised that such action very much depends on the degree of commitment<br />

by staff and by the EC Head of Delegation to the promotion of <strong>human</strong> <strong>rights</strong>.<br />

F<strong>in</strong>ally, the Council has been keen to specify that the <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong> of <strong>human</strong> <strong>rights</strong> <strong>in</strong>to<br />

<strong>external</strong> <strong>relations</strong> go hand <strong>in</strong> hand with the <strong>ma<strong>in</strong>stream<strong>in</strong>g</strong> of other <strong>human</strong> <strong>rights</strong>-related<br />

issues. In particular, the 2001 Council conclusions argue that “[t]he EU must apply a gender<br />

perspective throughout its <strong>human</strong> <strong>rights</strong> and democratisation policy, as well as child <strong>rights</strong><br />

38

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