Annex A - Official Documents

2005 Strategic Export Controls
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For these purposes, equipment which might be used for internal repression will include, inter alia,
equipment where there is evidence of the use of this or similar equipment for internal repression by the
proposed end-user, or where there is reason to believe that the equipment will be diverted from its stated
end-use or end-user and used for internal repression. In line with paragraph 1 of the Operative Provisions
of this Code, the nature of the equipment will be considered carefully, particularly if it is intended for
internal security purposes. Internal repression includes, inter alia, torture and other cruel, inhuman and
degrading treatment or punishment, summary or arbitrary executions, disappearances, arbitrary
detentions and other major violations of human rights and fundamental freedoms as set out in relevant
international human rights instruments, including the Universal Declaration on Human Rights and the
International Covenant on Civil and Political Rights.”
In assessing whether there is a clear risk that a proposed export might be used for internal repression
Member States should consider the current and past record of the proposed end- user with regard to
respect for human rights and that of the recipient country in general. The latter includes the policy line of
recipient country’s government; recent significant developments, including inter alia impact of "fight
against terrorism”; effective protection of human rights in constitution; human rights training among key
actors (e.g. law enforcement agencies); impunity for human rights violations; independent monitoring
bodies and national institutions for promotion or protection of human rights.
3.1.4. International human rights instruments: A non-exhaustive list of the main international and
regional instruments is contained in Annex II.
These instruments and their respective additional protocols represent the main international norms and
standards in the areas of human rights and fundamental freedoms. They guarantee civil and political
rights (such as inter alia right to life; prohibition of slavery and forced labour; liberty and security of
person; equality before the law; fair trial and effective remedy; freedom of expression and information;
freedom of assembly; freedom of movement; freedom of thought, conscience and religion; right to seek
and enjoy asylum); women’s rights; children’s rights; non-discrimination; rights of minorities and
indigenous peoples; economic, social and cultural rights.
3.1.5 The recipient country's attitude: The following indicators should, as appropriate, be taken into
account when assessing a country´s respect for, and observance of all human rights and fundamental
freedoms:
� the commitment of the recipient country´s Government to respect and improve human rights
and
to bring human rights violators to justice;
� the implementation record of relevant international and regional human rights instruments
through national policy and practice;
� the ratification record of the country in question with regard to relevant international and regional
human rights instruments;
� the degree of cooperation with international and regional human rights mechanisms (eg UN
treaty bodies and special procedures);
� the political will to discuss domestic human rights issues in a transparent manner, for instance
in the form of bilateral or multilateral dialogues, with the EU or with other partners including
civil society.
3.1.6 Serious violations of human rights: In the Vienna Declaration and Programme of Action
adopted at the World Conference on Human Rights in Vienna in June 1993, the solemn commitment of all
States to fulfil their obligations to promote universal respect for, and observance and protection of, all
human rights and fundamental freedoms for all in accordance with the Charter of the United Nations,
other instruments relating to human rights, and international law was reaffirmed. Equally reaffirmed were