«Fostering Human Rights among European Policies Large-Scale FP7 Collaborative Project GA No. 320000 1 May 2013-30 April 2017 Report on the EU’s ...»
Fostering Human Rights among European Policies
Large-Scale FP7 Collaborative Project
GA No. 320000
1 May 2013-30 April 2017
Report on the EU’s engagement with regional
Case study: Inter-American perspective
Work Package No. 5 – Deliverable No. 6
Due date 30 June 2015
Submission date 30 June 2015
Dissemination level PU Lead Beneficiary Adam Mickiewicz University Authors Filip Balcerzak, Anna-Luise Chané, Chiara Marinelli, Amilcar Romero, Elizabeth Salmón http://www.fp7-frame.eu FRAME Deliverable No. 5.6 Acknowledgements The research leading to these results has received funding from the European Commission’s Seventh Framework Programme (FP7/2007-2013) under the Grant Agreement FRAME (project n° 320000).
The research carried out at Adam Mickiewicz University was co-financed domestically from the AMU budget and funds for international co-financed projects for the years 2014-2017 issued by the Polish Ministry of Science and Higher Education, agreement no. 3156/7.PR/2014/2.
The authors are grateful to Laura Iñigo Alvarez, Carmen Márquez-Carrasco and Stuart Wallace for their insightful comments on earlier versions of this report. All errors of course remain the authors’ own. The authors are equally thankful to the EU officials in Lima and Brussels who provided relevant information for this report.
The authors finally acknowledge the invaluable editorial assistance of Mr. Arjun Sharma.
ii FRAME Deliverable No. 5.6 Executive Summary The sixth deliverable of Work Package No 5 (WP 5) presents the outcome of the analysis and critical assessment of EU human rights engagement with the Organization of American States (OAS). The EU has committed itself in the Treaty on European Union to promote and protect human rights and to ‘develop relations and build partnerships with […] international, regional or global organisations’. The EU’s 2012 Strategic Framework on Human Rights and Democracy explicitly identifies the OAS as one of the regional organisations with which the Unionworks in partnership in order to strengthen
regional human rights mechanisms. In light of this commitment, the present report aims at four goals:
mapping the human rights cooperation of the EU with the OAS, critically assessing this cooperation from a policy and institutional perspective, identifying specific and structural flaws in the EU’s approach, and looking for creative ways to facilitate a critical but constructive and effective relationship between the EU and the OAS.
The deliverable consists of seven chapters. The first chapter is introductory. It explains the aims, scope and methodology of the analysis. The second chapter focuses on the legal and policy framework of EU-OAS relations. In a first section it traces the Union’s human rights commitment throughout the relevant legal instruments and policy documents; it then examines the legal framework for EU-OAS human rights cooperation. The third chapter maps the institutional framework of the EU-OAS relations with respect to human rights. It identifies the main EU and OAS bodies relevant for human rights protection, with special attention paid to the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). The fourth chapter describes the goals and objectives of the EU with regard to the OAS in the field of human rights. Special attention is paid to the Memorandum of Understanding signed between the European Commission and the OAS in 2009.
The fifth chapter presents tools and methods employed by the EU in its engagement with the OAS in the field of human rights. The analysis distinguishes between a political approach and a thematic approach and puts emphasis on the aspect of financing. The sixth chapter contains two case studies, used to contextualise the analysis of the previous chapters. The first case study analyses the influence of EU-OAS cooperation on the development of the IACHR and the IACtHR. The second case study focuses on the impact of this cooperation on human rights protection at OAS member state level, using the example of the Republic of Peru. The seventh chapter assesses the EU’s engagement described in previous chapters from the perspective of coordination, coherence, consistency, effectiveness, realisation, influence and leadership. The final conclusions are presented in the eighth chapter.
The research shows that the EU has a significant impact on the internal and public work of the IACHR and the IACtHR – the OAS bodies most relevant from the perspective of human rights. Along with this international impact, at the national level, the Union’s biggest contribution in Peru is based on civil society human rights projects implemented nationwide. Although EU-OAS human rights cooperation yields essentially positive results at the regional and national level, further coordination is required in order to achieve EU internal mandates.
Table of Contents Acknowledgements
List of abbreviations
Tables and figures
II. Legal and policy framework of EU-OAS relations
A. The place of human rights in EU external policy
B. Legal background for cooperation with the OAS within the EU
III. Institutional framework of the EU-OAS relations
A. Mapping the OAS: Bodies entrusted with human rights protection
1. The Inter-American Human Rights System
2. The subsidiary human rights bodies of the Organization of American States
B. Mapping the EU: Major EU Human Rights Stakeholders involved directly or indirectly in cooperation with the OAS
IV. Substantive goals and objectives of the EU with regard to the OAS in the field of human rights V. Tools/methods employed by the EU for cooperation with the OAS
A. Tools and politics
1. The EU’s political approach
2. The EU’s thematic approach
VI. Case studies
A. Influence of the mutual cooperation on the development of the OAS human rights institutions: the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights
B. Impact of the EU activities at the level of protection of human rights in Peru
1. The influence of the EU political human rights cooperation strategy in Peru
2. The influence of the EU thematic approach to Peru
v FRAME Deliverable No. 5.6 VII. Assessment of the EU-OAS human rights cooperation: consistency, leadership and influence of the EU
A. Consistency of the multilateral EU-OAS human rights cooperation
1. EU leadership in human rights and democracy
2. Assessments tools
B. Influence of the EU’s bilateral human rights cooperation with Peru
A. Legal and policy instruments
1. International treaties and agreements
1. OAS documents
2. EU documents
3. Other documents
B. Case law
2. Journal articles
3. Policy reports and papers
D. Other sources
1. Internet websites
2. Statements, newspaper articles and press releases
vi FRAME Deliverable No. 5.6 Tables and figures Tables Table 1: IACHR country and thematic rapporteurships
Table 2: Financial contributions of the EU to the IASHR
Table 3: EU financial contributions to the OAS by thematic area
Table 4: Recipients of EIDHR funds for multiple projects
Table 5: Recipients of EIDHR funds for a single project
Figures Figure 1: EU financial contributions to the OAS by thematic area
A. Aim This report constitutes Deliverable D5.6 of the FP7 project FRAME – ‘Fostering Human Rights among European (External and Internal) Policies’. It presents the outcome of the analysis and critical assessment of European Union’s (EU) human rights cooperation with the Organization of American States (OAS).
The Treaty of Lisbon has enshrined the promotion and protection of human rights and the commitment to effective multilateralism as two of the guiding principles of EU external action. This observation is based on Art. 2 TEU, which recognizes human rights as one of the founding values of the EU, and on Art. 3(5) and 21 TEU which clearly state that human rights protection is among the objectives of EU external action. In its relations with the wider world, the EU is obliged to pursue multilateral solutions, in particular to ‘develop relations and build partnerships with […] international, regional or global organisations’, as long as they share certain principles, including human rights, democracy and the rule of law (Art. 21(1) TEU). The EU’s 2012 Strategic Framework on Human Rights and Democracy consequently states that the Union ‘will work in partnership with regional and other organisations such as the African Union, ASEAN, SAARC, the Organisation of American States, the Arab League, the Organisation of Islamic Cooperation and the Pacific Islands Forum with a view to encouraging the consolidation of regional human rights mechanisms’.1 In the same vein, the Action Plan commits the European External Action Service (EEAS) and the EU member states to ‘intensify dialogue with other regional organisations and support and engage with emerging regional organisations and mechanisms for the promotion of universal human rights standards’.2 The OAS is explicitly mentioned in the Strategic Framework as one of the regional organisations with which the EU seeks to engage. With its roots reaching back to the First International Conference of American States (1889-1890), the OAS is considered to be the oldest regional organisation in the world. It counts all 35 sovereign states of the Americas among its members and has accepted 70 permanent observers, including the EU.3 Most importantly, for the purposes of this study, the OAS places considerable emphasis on the promotion and protection of human rights. It has developed a system of Inter-American human rights instruments and institutions, which have considerably contributed to the promotion and protection of human rights in the region. Already in 1948, the American states adopted the American Declaration of the Rights and Duties of Man – the first general international human rights instrument – at the same time as the OAS Charter. In 1959, the OAS created the Inter-American Commission on Human Rights (IACHR), whose mandate includes the promotion of the observance and protection of human rights and the consultation of the OAS on these matters (Art.
106 OAS Charter). In 1969, the American Convention on Human Rights (ACHR) was adopted. It entered into force in 1978. A year later, the OAS established the Inter-American Court of Human Rights (IACtHR) as an autonomous judicial body to monitor compliance with the American Convention on
Human Rights (ACHR) and to provide interpretations of the ACHR and other human rights treaties which are binding on the OAS member states (Art. 1 IACtHR Statute).
Given the common focus on human rights promotion and protection, cooperation between the EU and the OAS has been intensified in recent years. Both organisations concluded a Memorandum of Understanding (MoU) in 2009, which lists human rights prominently as the first area for dialogue and cooperation.4 Based on the MoU, annual EU-OAS policy dialogues have been held since 2012, with human rights high on the agenda.5 EU-OAS cooperation also has a significant financial dimension. The European Instrument for Democracy and Human Rights (EIDHR), for example, has been contributing funds to support the activity of the OAS in the field of human rights aspects, inter alia by backing the work of the Inter-American Human Rights System on vulnerable and excluded groups.6 In light of the Union’s strong commitment to multilateralism in general and to the cooperation with
other regional organisations in the area of human rights in particular, the present report aims at:
Mapping the human rights cooperation of the EU with the OAS Critically assessing this cooperation from a policy and institutional perspective Identifying specific and structural flaws in the EU’s approach Looking for creative ways to facilitate a critical but constructive and effective relationship between the EU and the OAS Through this comprehensive analysis of the various dimensions of EU-OAS interaction, the report aims to advance existing scholarship on the topic, and to create a broad knowledge base for future research.
B. Methodology The research for this report is based on a set of different methodologies, in particular the analysis of primary and secondary sources and data-gathering via semi-structured (confidential) interviews.
Primary sources analysed for this report include official documents from the EU and the OAS. EU documents were collected using the Official Journal of the EU,7 the EUR-Lex database,8 the public register of the Council of the European Union,9 the register of the Court of Justice of the European Memorandum of Understanding Between the European Commission and the General Secretariat of the Organization of American States, 17 December 2009, available at http://der.oas.org/Permanent_Observers/MoU%20EU.pdf.
EEAS, ‘Democracy and human rights on agenda at first EU-Organization of American States Policy Dialogue’, 6 March 2012, http://eeas.europa.eu/top_stories/2012/060312_oas_en.htm.
EIDHR, ‘Annual Action Programme 2013 for the European Instrument for Democracy and Human Rights (EIDHR) to be financed under budget line 19 04 01 of the general budget of the European Union’, www.eidhr.eu/files/dmfile/AAP2013.pdf, action fiche 9; see also OAS, ‘OAS and European Union Sign Financing Agreement to Strengthen the Inter-American Human Rights System’, press release, 22 March 2014, www.oas.org/en/media_center/press_release.asp?sCodigo=E-102/14.