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«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 ...»

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The tools and methods employed by the EU in its cooperation with the OAS can be divided into a political and a thematic approach. The first consists of a diplomatic and political dialogue between EU and OAS representatives, the second of support for thematic lines using cooperation agreements and financing tools. Financial support is essential in implementing the thematic lines. It flows primarily through EIDHR and DCI. The EU has provided funds to the OAS since 1994. Human rights and democracy are at the core of the EU’s financial contribution, with a considerable share of the funds FRAME Deliverable No. 5.6 going to the IACHR. In 2014, the EU ranked seventh on the list of major donors to specific funds, its contribution being considerably smaller than the ones of the top donors.

With regard to the IACHR and the IACtHR, the EU’s influence appears to be mainly economic. Financial contributions of the EU to the IACHR have influenced the choice of the thematic areas selected by the latter. The financial contributions to the IACtHR allow the latter to perform its duties more effectively, for example by providing funds for the publication of judgments, advisory opinions and provisional measures.

Similar tools are implemented by the EU at the bilateral level. As it was illustrated by the example of the Republic of Peru, political dialogue and financing are used by the EU in its bilateral relations with the OAS member states. In terms of financing, the important feature is that a significant part of the funding is granted to civil society organisations for specific projects.

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.

In that sense, it appears advisable to establish priority areas for cooperation to connect the support given to the IASHR with the funds assigned to the various states in the region. This would allow the EU to work on the same thematic issues at the regional and at the national level with possibly greater results. Also, coordination with other donors to the OAS would allow the EU to identify common interests and to avoid the repetition of efforts. Secondly, it appears necessary to ensure greater transparency for EU funded projects, including the publication of the results and the analysis of their long-term achievements. This would allow for enhanced dialogue with the academic institutions and civil society and the possibility of a feedback from them. The first step in this sense would be to organize the data available on EU-OAS cooperation and to create a unique database. The research shows that important information exists but that it is neither accessible nor well organized, making it difficult to analyse how EU-OAS cooperation evolved over the years. Subsequently, it appears important to compare this information with EU cooperation at the national level. This will allow future EU contributions to the American region to have even more positive results and greater impact.

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American Convention on Human Rights (‘Pact of San Jose’, adopted 22 November 1969, entered into force 18 July 1978) OAS Treaty Series No 36.

Consolidated Version of the Treaty on European Union [2008] OJ C115/13.

Consolidated version of the Treaty on the Functioning of the European Union [2012] OJ C326/1.

Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities (adopted 8 June 1999, entered into force 14 September 2001).

Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (‘Convention of Belém do Pará’, adopted 9 June 1994, entered into force 5 March 1995).

Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part – Joint Declaration on political dialogue between the European Union and Mercosur [1996] OJ L69/4, [1999] OJ L112/66.

Memorandum of Understanding between the European Commission and the General Secretariat of the Organization of American States, 17 December 2009.

Memorandum of Understanding Between the European Commission and the Republic of Peru on the Establishment of a Mechanism for Bilateral Consultations, 29 October 2009.

Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part [2012] OJ L354/3.

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IACHR, ‘2011 Annual Report’, OEA/Ser.L/V/II, 30 December 2011.

IACHR, ‘2012 Annual Report’, OEA/Ser.L/V/II.147, 13 March 2013.

IACHR, ‘2013 Annual Report’, OEA/Ser.L/V/II, 31 December 2013.

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IACHR, ‘Missing and Murdered Indigenous Women in British Columbia: Canada’, OEA/Ser.L/V/II.Doc.

30/14, 21 December 2014.

IACHR, ‘Report on Immigration in the United States: Detention and Due Process’, OEA/Ser.L/V/II. Doc.

78/10, 30 December 2010.

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IACHR, ‘Source of Financing and Execution of Resources 2012’, www.oas.org/en/iachr/mandate/finances/Informe%20CIDH%202012_web_Eng_final.pdf.

IACHR, ‘Source of Financing and Execution of Resources 2013’, www.oas.org/en/iachr/mandate/finances/2013-recursos-financieros-en.pdf.

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IACtHR, ‘Annual Report of the Inter-American Court of Human Rights 1998’, OAS/Ser.L/V/III.43DOC.

11, 18 January 1999.

OAS – Board of External Auditors, ‘2010 Report to the Permanent Council: Annual Audit of Accounts and Financial Statements for the years ended December 31, 2010 and 2009’, OEA/Ser.S/JAE/doc.41/11, 27 April 2011.

OAS – Board of External Auditors, ‘2011 Report to the Permanent Council: Annual Audit of Accounts and Financial Statements for the years ended December 31, 2011 and 2010’, OEA/Ser.S/JAE/doc.42/12, 25 April 2012.

OAS – Board of External Auditors, ‘2012 Report to the Permanent Council: Annual Audit of Accounts and Financial Statements for the years ended December 31, 2012 and 2011’, OEA/Ser.S/JAE/doc.43/13, 26 April 2013.

OAS – Board of External Auditors, ‘2013 Report to the Permanent Council: Annual Audit of Accounts and Financial Statements for the years ended December 31, 2013 and 2012’, OEA/Ser.S/JAE/doc.44/14, 30 April 2014.

OAS – Board of External Auditors, ‘2014 Report to the Permanent Council: Annual Audit of Accounts and Financial Statements for the years ended December 31, 2014 and 2013’, OEA/Ser.S/JAE/doc.45/15, 30 April 2015.

OAS, Charter of the Organization of American States (adopted 30 April 1948, entered into force 13 December 1951, amended by the Protocol of Buenos Aires in 1967, by the Protocol of Cartagena de Indias in 1985, by the Protocol of Washington in 1992, and by the Protocol of Managua in 1993).

OAS, ‘Inter-American Democratic Charter’ General Assembly OEA/Ser. P/AG/RES. 1 (XXVIII-E/0) (Lima, 11 September 2001).

OAS, ‘Permanent-observer status for the European Communities in the Organization of American States’, General Assembly Res AG/Res. 996 (XIX-O/89) (Washington DC 18 November 1989).

OAS, ‘Report of the Inter-American Indian Institute to the Special Committee on Inter-American Summits Management’, OEA/Ser.G CE/GCI-9/95, 29 September 1995.

OAS, ‘Report of the Inter-American Court of Human Rights to the Special Committee on InterAmerican Summits Management’, OEA/Ser.G CE/GCI-134/98, 7 May 1998.

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OAS, ‘Statute of the Inter-American Commission on Human Rights’ General Assembly Res AG/Res 447 (La Paz, October 1979).

OAS, ‘Statute of the Inter-American Court of Human Rights’ General Assembly Res AG/Res 448 (La Paz, October 1979).

Rules of Procedure of the Inter-American Commission on Human Rights (adopted 28 October-13 November 2009, current version in force since 1 August 2013).

Rules of Procedure of the Inter-American Court of Human Rights (adopted 16-25 November 2000, partially amended 19-31 January 2009).

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Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure [2009] OJ L325/35.

Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service [2010] OJ L201/30.

Council Decision 2012/440/CFSP of 25 July 2012 appointing the European Union Special Representative for Human Rights [2012] OJ L200/21.

Council Decision (CFSP) 2015/260 of 17 February 2015 extending the mandate of the European Union Special Representative for Human Rights [2015] OJ L43/29.

Council of the European Union, ‘EU-CELAC Action Plan 2013-2015’, Doc No 5748/13, 27 January 2013.

Council of the European Union, ‘EU Strategic Framework and Action Plan on Human Rights and Democracy’, Doc No 11855/12, 25 June 2012.

EEAS/European Commission Directorate General for Development and Cooperation – Europeaid, ‘Development Cooperation Instrument 2014-2020, Multiannual indicative regional programme for Latin America’.

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’.

Ensuring protection - EU Guidelines on Human Rights Defenders (2008).

EU Annual Report on Human Rights and Democracy in the World in 2012 (Thematic Reports), Doc No 9431/13, 13 May 2013.

EU Annual Report on Human Rights and Democracy in the World in 2013, Doc No 11107/14, 23 June 2014.

EU Development Cooperation Instrument 2014-2020, Multiannual indicative programme for Latin America.

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EU Guidelines on violence against women and girls and combating all forms of discrimination against them (2008).

EU Guidelines on Children and armed conflict (updated 2008).

EU Guidelines on Death Penalty (2013).

EU Human Rights Guidelines on Freedom of Expression Online and Offline (2014).

EU Guidelines on Human Rights dialogues with third countries (updated 2009).

EU Guidelines on promoting compliance with international humanitarian law (updated 2009).

EU Guidelines on the promotion and protection of freedom of religion or belief (2013).

EuropeAid, ‘Derechos humanos y democracia: Organización ciudadana contra la trata de personas en Perú – La sociedad supervisa el cumplimiento de las políticas públicas’, http://ec.europa.eu/europeaid/documents/case-studies/peru_human-rights_chs_es.pdf.

EuropeAid, ‘Human rights and democracy: Torture prevention in Peru, Ecuador and Guatemala – Education, awareness raising and dissemination of practices of torture prevention for military and police authorities’, http://ec.europa.eu/europeaid/documents/case-studies/latin-america_tortureprevention_en.pdf.

European Commission, ‘Aid Delivery Methods: Volume 1 – Project Cycle Management Guidelines’, March 2004, http://ec.europa.eu/europeaid/sites/devco/files/methodology-aid-delivery-methodsproject-cycle-management-200403_en_2.pdf.

European Commission, ‘Communication from the Commission to the Council and the European Parliament: A stronger partnership between the European Union and Latin America’, COM(2005)636 final, 8 December 2005.

European Commission, ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Increasing the impact of EU Development Policy: an Agenda for Change’, COM(2011) 637 final, 13 October 2011.

European Commission, ‘Commission staff working document: Tool-box, A rights-based approach, encompassing all human rights for EU development cooperation’, SWD(2014) 152 final, 30 April 2014.

European Commission, ‘Memorandum to the Relevant Committee Concerning Annual Action Programme 2011 in favor of Peru covered by the Programming Document Country Strategy Paper 2007-2013 for the Development Cooperation Instrument’, C-DEVCO.B (2011) 341366.

European Commission and High Representative of the European Union for Foreign Affairs and Security Policy, ‘Joint Communication to the European Parliament and the Council: Human Rights and Democracy at the Heart of EU External Action – Towards a More Effective Approach’, COM(2011) 886 final, 12 December 2011.

European Council, ‘Conclusions’, Doc No EUCO 21/1/10 REV 1, 16 September 2010.

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European Parliament resolution of 24 May 2012 on the possible withdrawal of Venezuela from the Inter-American Commission on Human Rights (2012/2653(RSP)) [2013] OJ C 264E/88.

European Parliament resolution of 27 February 2014 on the situation in Venezuela (2014/2600(RSP)).

European Union, ‘Cooperación Temática de la Unión Europea en el Perú’, 2010.

General Secretariat of the Council of the European Union, 6 September 2012, Doc No CM 4292/12.

General Secretariat of the Council of the European Union, 26 April 2013, Doc No CM 2583/1/13REV 1.

Guidelines to promote and protect the enjoyment of all Human Rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons (2013).

Guidelines to the EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment (updated 2012).

Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide [2006] OJ L 386/1.

Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action [2014] OJ L77/95.

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