Abstract
The primary focus of this paper is not mainly the involvement of the European Union in the achievements of the Millennium Development Goals (MDG) of the United Nations, but the interrelationship between the EU’s assistance for sustainable development to third countries by means of granting financial and technical support on the one hand and on the other hand for the said support the inclusion of general principles of EU law regarding the respect for Human rights, good governance, democracy, the rule of law and other similar key elements. In EU agreements with third countries (be it bilateral or regional) both financial and technical support goes hand in hand together with these international standards and principles in order to achieve sustainable development. For violation of these agreed international standards, the EU applies agreed sanctions or adopts measures to ensure the upholding of these principles. The suspension of financial and/or technical support can form part of these agreed measures. The application of these international standards are not only being applied to financial or technical support for sustainable development, but also to international trade agreements, which is currently becoming customary law in international trade agreements, the so-called “Human rights clauses”.
Retired director of the St Maarten House in The Hague. Retired Director at the Cabinet for the Minister Plenipotentiary of St Maarten, The Hague.
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Notes
- 1.
Council decision of the European Union, Luxembourg, 25 June 2012, 11855/12 regarding EU Strategic Framework and Action Plan on Human Rights and Democracy.
- 2.
See UN Millennium Campaign on poverty, education, women’s empowerment, maternal health and the environment. www.un.org/millenniumgoals/bkgd.shtml. Accessed 4 March 2015.
- 3.
See the study on the Millennium Development Goals and beyond 2015, for a strong EU engagement done by Directorate-General for External policies of the EU 2013 (Directorate B of the policy department).
- 4.
Report “EU development cooperation, where have we got to and what’s next” re a conference for EU Change-makers held at ODI, London, on 24 & 25 June 2013. See nrs 4 and 5 of the report.
- 5.
See COM(2011)637final “increasing the impact of EU Development Policy: an Agenda for Change”, para 1.
- 6.
Press Release Strasbourg, 11 September 2013, A 454/13.
- 7.
See Brandtner and Rosas 1998, p. 1.
- 8.
The Amsterdam Treaty also introduced Article F1 (now Article 6 TEU), according to which the Union is founded on the principles of liberty, democracy, respect for human rights and the fundamental freedoms, and the rule of law, principles which are common to the Member States.
- 9.
This UN publication contains the “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises.
- 10.
See Press Release of the Council of the EU re “EU Strategic Framework and Action Plan on Human Rights and Democracy” dated 25 June 2012/11855/12 in which the plans on Human Rights and Democracy were outlined.
- 11.
COM(2011)638, re “The Future Approach to EU Budget Support to Third Countries”.
- 12.
Above n. 11.
- 13.
Corruption is: “every transaction between actors from the private and public sectors through which collective utilities are illegally transformed into private gains”.
- 14.
See Der-Chin Horng 2003.
- 15.
See EU External Action. http://eeas.europa.eu/enp/.
- 16.
More resolute commitment is also needed to promoting and protecting the human rights of women, minorities and migrants. New challenges, such as those arising from a rapidly evolving information society, require a balanced approach which protects human dignity, fundamental freedoms, and promotes mutual understanding.
- 17.
The fact that Bosnia and Herzegovina was the first country in the region to decriminalise defamation back in 1999 was a hallmark in its media reform. Mijatović said: What I see today goes against these standards and the country’s OSCE commitments to develop and protect media freedom and freedom of expression. Such issues should be resolved in an open dialogue, conducive to reconciliation. See OSCE. http://www.osce.org/fom/104930. Accessed 4 March 2015.
- 18.
Howard Loewen, ‘Democracy and Human Rights in the European-Asian Dialogue: A Clash of Cooperation Cultures?, GIGA Working Paper No. 92, December 2008.
- 19.
See GIGA Research Programme: Transformation in the Process of Globalisation from the institute of GIGA.
- 20.
The Human Rights Strategy for Africa is a guiding framework for collective action by the African Union, No. 8.
- 21.
If a Party considers that the other Party has failed to fulfil an obligation stemming from respect for human rights, democratic principles and the rule of law referred to in Article 9, a process of consultation then ensues; if the consultations do not lead to a solution acceptable to both Parties, if consultation is refused, or in cases of special urgency, “appropriate measures” may be taken. These procedures, under Article 96, are intended as a measure of last resort and can only be invoked when Cotonou’s “essential elements” are deemed to have been breached and all possible options provided through regular political dialogue have been exhausted. The aim of the process is to focus on the specific measures to be taken by the Party concerned to remedy the situation and thus arrive at a solution acceptable to the Parties.
- 22.
See para 3 of the Commission’s communication COM(2011)637final on the “Agenda for Change”.
- 23.
See Der-Chin Horng 2003.
- 24.
At the VIII World Congress Constitutional Law on Constitutional Principles at Mexico 6-10 December 2010, Prof. Andrea Lucas Garin’s paper ‘Human Rights and Regional Integration in Mercosur: a bipolar relationship’.
- 25.
See Alston 2002, pp. 815–844.
- 26.
See COM(2002)513final, 18 September 2002.
References
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Brandtner B, Rosas A (1998) Human rights and the external relations of the European Community: an analysis of doctrine and practice. Eur J Int Law 9(3):468–490
Horng D-C (2003) The human rights clause in the European Union’s external trade and development agreements. Eur Law J 9(5):677–701
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James, C. (2016). The European Union Development Policies Are Based on European Values, Democracy, Respect for the Rule of Law and Human Rights. In: Goudappel, F., Hirsch Ballin, E. (eds) Democracy and Rule of Law in the European Union. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-066-4_9
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