Memorandum to the Swedish Presidency of the European Union Underlag till styrelsemöte 1-2 december 2000

Till: Styrelsen
Från: Sekretariatet
Datum: 29 november 2000

It is essential that the Swedish attitude is, and is seen to be, consistent. Resting on objective and fundamentally firm foundations, a consistent standpoint is decisive for the credibility and success of the policy of promoting human rights. It is also essential that criticism is not directed at only some countries. (section 3.3)
The Swedish section of Amnesty International hopes that this statement will be reflected in all the foreign policy activities of the EU during the Swedish Presidency.

Consistency is critical for the EU to be a credible force for human rights internationally. So too is a willingness to tackle human rights abuses even within the borders of the Union. That there are serious problems is gradually being recognized, but the need for action is urgent. In this Memorandum, we propose a number of concrete steps to be taken.

Amnesty International hopes that actions also follow words in the realm of the EU's asylum policy. Airline sanctions and visa requirements have done much to keep asylum seekers away from the borders of Europe. Many EU Member States maintain a very restrictive interpretation of the 1951 Convention relating to the status of refugees. We note that Maj-Inger Klingvall, the Swedish minister responsible for migration and asylum-related matters, stated at the recent ministerial meeting in Lisbon,
We must not unite around a lowest common denominator. Our aim must be to reinforce the rights of asylum seekers. When Sweden assumes the Presidency of the EU next year, one of our initiatives will be to seek united support for a broader interpretation of the 1951 Convention, so as to include protection for people fleeing persecution by organizations other than states... Sweden will also emphasize the position of specially vulnerable groups in the asylum process, including women who have been subjected to violence and abuse, and children.

We welcome the view of the Swedish government, fully in line with the position of Amnesty International, that protection should also be accorded by the EU Member States to those who flee persecution by non-state actors, e.g. guerrilla groups. At the same time, the most important challenge will be to safeguard the protection system as vested in international refugee and human rights law.

The national section of Amnesty International regularly presents a Memorandum to the Member State which assumes the Presidency of the European Union. The Swedish section of Amnesty International hereby wishes to present its own text, drawing on the experience, discussions and developments of recent years. This Memorandum covers a wide range of human rights issues, such as asylum, the death penalty, torture, impunity, human rights defenders and the transfer of military equipment. At the same time, the underlying theme of the Memorandum is credibility - the desire of Amnesty International to see the EU become a credible force for human rights worldwide.


II. Making the EU a credible human rights actor

a. Human rights within the EU

In order for the EU to be credible in its activities on the behalf of human rights worldwide, it must address the many grave human rights violations occurring within its own borders. Police brutality, torture and ill-treatment, deaths in custody and deaths at the time of deportation are regular occurrences in most of the Member States. Ethnic minorities and other marginalized groups are usually those most exposed to these violations. Twice a year, Amnesty International publishes its Concerns in Europe, in which we catalogue the abuses occurring in Europe. In our most recent report, we catalogue serious human rights abuses in 13 Member States of the EU.

During the Finnish Presidency, the EU produced its first annual report on human rights. While the initiative was welcome, it served to highlight a number of serious shortcomings of the EU's human rights policies and structures. Most particularly, Amnesty International and other human rights organisations critized the lack of attention paid to the serious human rights issues within the EU. The French Presidency recently issued the second report in which there was some attempt to address the criticism. However, much remains to be done before the report can reflect a credible attempt to address the human rights situation prevailing within the EU. Amnesty International believes that the EU should establish a mechanism to monitor human rights abuses in Member States and to assess the impact of the EU's policies for the observance of human rights. In particular, the EU and its Member States should jointly commit to and implement measures aimed at preventing torture and ill-treatment, combating discrimination and ending impunity for such abuses.

More specifically, Amnesty International urges the EU to establish programmes for the training of police and prison officials in all Member States and the associated countries. Joint training initiatives organised by Member States or the European Police Office (EUROPOL) should as a matter of principle incorporate human rights education. Police and prison officials should be trained in methods of crowd control, arrest, deportation in light of inter alia the UN Convention against Torture, the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. In addition, the EU and Member States should ensure that joint training initiatives in the framework of police and judicial cooperation integrate training on the prevention of discrimination on such grounds as race, gender and sexual orientation, on the prevention of violence against women, and on the rights of the child.

A true human rights commitment on the part of the EU requires that it too be internationally accountable. Amnesty International maintains that the EU should accede to international human rights treaties, such as the European Convention on Human Rights. The EU Charter of Human Rights can be a step forward, although its legal status remains to be determined during the Swedish Presidency. Amnesty International would support a legally binding Charter, if:
• it guarantees the fundamental rights of all individuals without discrimination,
• it strengthens rather than weakens the protection of human rights within the EU,
• it covers fundamental rights which are not necessarily or sufficiently protected by other international instruments, and
• it is fully justiciable by the European Court of Justice and by national courts when applying EC/EU law.
As Amnesty International believes that there is still room for improvement on these requirements, we do not consider it appropriate for the EU Charter to become legally binding, as it now stands.

b. Human rights in the enlargement process

The enlargement process provides a unique opportunity for safeguarding the enforcement of human rights in the candidate countries. The EU must apply strategies promoting human rights evenly and with conviction. It is not enough for candidate countries to ratify the appropriate international human rights treaties; the EU must insist on an actual implementation of their treaty obligations.

Amnesty International continues to receive reports that cause grave concern. In many of the candidate countries, law enforcement and prison personnel use force excessively. Amnesty International is particularly concerned about the plight of minorities (especially the roma) and the ill-treatment of asylum seekers.

Turkey's case is especially serious. Torture is routinely used in police stations and prisons, and human rights defenders are threatened and silenced. While Turkey is a member of the Council of Europe, the death penalty has not been abolished in law.

Amnesty International calls on the EU and its Member States to uphold their international responsibilities and work together with the national authorities in candidate countries, to ensure that human rights violations (in particular torture and other cruel, inhuman or degrading treatment) are prohibited and indeed do not occur.

To assist in that process, the EU should urge for the establishment by the governments concerned of a mechanism to monitor their human rights performance in terms of actual practices and abuses, with a view to determining appropriate policies and measures as well as assessing progress. Such a mechanism would not only serve to focus the governments' efforts on the relevant areas of improvement and on the steps to be taken, but it would also constitute an important instrument for accountability, at the national level as well as in the context of EU accession. The EU on its part can support such efforts by proposing, on the basis of the information available to it, clear objectives to be fulfilled in a given time frame.

c. Human rights in third countries

In order to prevent the massive violations the world has witnessed during the past decade, human rights must be an integral part of the daily relations the EU and its Member States maintain with all other countries. Amnesty International welcomed the inclusion of the human rights clause in the agreements concluded by the EU with third countries. However, the EU must do much more to give substance to the human rights clauses used in its various agreements, especially with view to prevention. At the same time, it must be more forthright to enforce them when human rights are systematically violated. This should be done in a consistent and coherent manner. Amnesty International is concerned that the threshold is too high before human rights issues are raised by the EU with third country parties. The human rights clause should not be used as a last resort to remedy inaction in the face of emerging human right crises, but rather as a starting point for mutually agreed and implemented programmes that address outstanding concerns at an early stage and to enhance human rights protection . It is only through immediate and consistent action on the part of the EU that prevention can become more than simply rhetoric.

A human rights impact assessment should be carried out before the conclusion of any agreement with a third country or before elaborating a development programme. This impact assessment should deal with the effectiveness of EU policies in achieving better protection of human rights and with the effects of EU policies on human rights, including the consequences of military, security and police transfers from the EU. It should provide detailed recommendations on the human rights consequences of the various EU policy options under consideration.

A credible partnership on human rights is reciprocal and must build on a common understanding that human rights violations are a challenge shared by all sides and of mutual concern. In particular, the EU must acknowledge and address human rights in Member States, especially torture and ill-treatment, impunity and racism.

There is a clear link between credibility and prevention on the one hand and the EU's asylum policy on the other. Third countries look to the EU Member States for models on refugee protection and treatment. Any readmission agreements signed with third countries must conform to the principles of international refugee and human rights law.


III. Asylum

During the Swedish Presidency, two years will have past from the adoption of the Amsterdam Treaty in May 1999, in which it was decided that the area of border control, immigration and asylum will be moved from the third pillar to the first pillar, in other words from the realm of inter-state cooperation to that of binding legislation. A number of proposals have been put forward by the European Commission but negotiations have so far been slow and difficult.

The Swedish government has repeatedly, together with other EU Member States or separately, reaffirmed its commitment to the 1951 Convention and to other relevant international obligations. In the introduction to this Memorandum a quote of minister Maj-Inger Klingvall illustrates this commitment. Another example are the conclusions reached at the Tampere European Council meeting in October 1999, where the EU Member States agreed that a common EU asylum system will be based on "the full and inclusive application of the 1951 Convention". During its Presidency, the Swedish government must strive towards the realisation of this commitment in a common EU asylum policy.

The Swedish section of Amnesty International would like to comment on some of the particular topics that are, or will be, Commission proposals and the subject of EU negotiations during the Swedish Presidency.

a. Allocating responsibility

Regarding future EC legislation on determining which Member State is responsible for considering an application for asylum, the Swedish Presidency must acknowledge the fact that there is no harmonised asylum policy in the EU. Amnesty International is concerned that, in view of the current variations in asylum practices in different EU Member States, and the fact that in some of them the refugee protection system falls short of the standards which Amnesty International regards as essential for the protection of asylum seekers, the arrangements set out in the Dublin Convention (and in any future directive) could in practice mean that a person seeking asylum in a Member State may be compelled to have his or her application examined in a country where procedures lack certain essential safeguards or where an overly restrictive interpretation of the refugee definition will result in the rejection of his or her claim.

b. Temporary protection

Concerning future EC legislation on minimum standards for giving temporary protection in the event of a mass influx, Amnesty International calls for any protection regime to conform to international refugee and human rights law and provide effective and durable protection from refoulement to the beneficiaries. Amnesty International believes that a temporary protection regime should not deprive anyone of access to a refugee determination procedure and thereby the possibility to exercise their legitimate right to an individual examination of their asylum claim. A temporary protection regime should only be invoked during exceptional circumstances and always be defined by the number of people entering the EU and never by the number of people actually or potentially leaving a particular country of origin.

c. Asylum procedure

Regarding future EC legislation on common standards on asylum procedures, Amnesty International calls on the Swedish Presidency to strive towards a common asylum procedure that fulfills a number of essential requirements in order for it to be fair and satisfactory. Amnesty International believes that these minimum requirements for a fair and satisfactory asylum procedure include the following: an independent and specialised decision-making body, a qualified decision-maker, a qualified interpreter, an individual and thorough examination of the claim, adequate legal assistance, reasonable time to prepare the case and seek legal and other advice, a thorough explanation of the reasons for rejection, a proper right to appeal, an independent appeal body, and the right to remain during the appeal procedure. Amnesty International also believes that the requirements of proof should take into account the fact that many people who have fled their country arrive with the barest necessities and frequently without personal documents.

Furthermore, Amnesty International stresses the need for an asylum procedure which provides for the particular needs of vulnerable groups, such as women, children, and those persons who have been victims of torture or cruel, inhuman or degrading treatment or punishment. Such persons may face considerable difficulty in presenting their asylum claims in a formal interview setting and meeting the high burden of proof usually applied by Member States. Those government officials interviewing asylum seekers must receive appropriate training relating to vulnerable groups.

A common asylum procedure must provide effective and durable protection against refoulement . This includes the right to seek asylum. Amnesty International views with alarm the effect of visa requirements, carrier sanctions and other control mechanisms, which prevent people with a real need of protection to even reach the borders of the EU in order to seek asylum. Moreover, carrier sanctions have the very negative effect of placing the border control function on airline employees.

As with the other activities of the EU relating to human rights, there is far too little awareness of the 'export value' of the EU asylum policy. The EU Member States operate under the assumption that governments in other regions will not act as they do, namely will not impose visa requirements or carrier sanctions. Regrettably, the undermining of the refugee protection regime in the EU has the direct consequence of weakening it elsewhere.

d. Detention of asylum seekers

Future EC legislation on asylum procedures and reception conditions is expected to encompass the detention of asylum seekers as well as the conditions during detention. Amnesty International considers that asylum seekers should not be detained. If an asylum seeker is detained, this must comply with one of the grounds considered legitimate according to international standards. In all cases, detention should be of a limited time period. All asylum seekers should be given adequate opportunity to have the terms of their detention reviewed by a prompt, fair and individual hearing before an independent and competent judicial authority. Proper consideration must be taken to the needs of vulnerable groups. Amnesty International opposes the practice of detaining asylum seekers without these adequate and effective safeguards.


IV. Death Penalty

Amnesty International supports the actions taken by the EU for the eradication of the death penalty worldwide. In particular, the Guidelines to EU Policy towards Third Countries on the Death Penalty have led to very positive steps being taken by the EU and the Member States. In all regular contacts between the EU Member States and countries which retain the death penalty, total abolition at the earliest possible moment should be advocated. Strong advocacy is particularly important in the ongoing dialogue between the EU and the government of China, as well as in the relations with the United States. We hope that the presentation of a petition for a moratorium with over two million signatures, due to take place at UN Headquarters on 11 December 2000, will provide added impetus.

In light of the 1999 session of the UN Human Rights Commission, Amnesty International hopes that the EU will present a strong resolution against the death penalty at the coming session. In particular, we recommend that the resolution makes use of the text recently submitted by the Sub-Commission on the Promotion and Protection of Human Rights. The Human Rights Commission should follow the request of the Sub-Commission to adopt language confirming that the imposition of the death penalty on persons aged under 18 years at the time of the offence is in contravention of customary international law.


V. Torture and Cruel, Inhuman or Degrading Treatment or Punishment

On 18 October 2000, Amnesty International launched its third global campaign against torture. We call on the EU Member States to declare the eradication and prevention of torture and other cruel, inhuman or degrading treatment or punishment as a key objective of EU human rights policy. This objective should be pursued by coherent action in national human rights policies and within the framework of the EU's common foreign and security policy as well as in the intergovernmental cooperation on justice and home affairs.

We have already emphasized the need for concerted action regarding human rights violations within the EU, and this certainly includes action to eradicate torture and cruel, inhuman or degrading treatment or punishment. In its dialogue with third countries, the EU should:
• call for ratification of international instruments containing safeguards and remedies against torture, including the UN Convention against Torture (demanding at the same time that states allow for individual and inter-states complaints procedures), and incorporation of these instruments into national legislation;
• call on state parties to withdraw reservations to the UN Convention against Torture;
• call for and actively support the abolition of all judicial and administrative corporal punishments;
• call for the improvement of detention and prison conditions, including conditions for women and children, in conformity with international and regional standards, including the UN Standard Minimum Rules for the Treatment of Prisoners and the European Committee for the Prevention of Torture's Guidelines on Women and Juveniles;
• call for unconditional cooperation with the thematic UN Special Rapporteurs as well as with the UN High Commissioner for Human Rights;
• promote the Principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment (Istanbul Protocol);
• promote the ratification of the Rome Statute of the International Criminal Court; and
• call for the prosecution of perpetrators of torture and ill-treatment and the payment of reparations to victims and their families.

With consideration to the specific record of a country on torture and ill-treatment and the safeguards in place, the EU should develop tailored prevention dialogues, which should also become an integral element of the cooperation with third countries on justice and home affairs. These dialogues should contribute to the setting-up of cooperation projects that encourage and facilitate the implementation of preventive measures, such as outlined in Amnesty International's 12-Point Programme for the Prevention of Torture by Agents of the State . Rapid démarches by the EU in response to reports of arrests or 'disappearances' where detainees are at risk of torture or ill-treatment would constitute a clear signal of international scrutiny that can secure the safety of a person in custody. In addition, EU missions and Commission delegations should take steps to ensure proper investigation and combat impunity.

While commending the EU's financial support for the rehabilitation of torture victims in the framework of the European Initiative for Democracy and Human Rights, Amnesty International believes that the EU should also give priority to funding for projects aimed at the prevention of torture, as every victim dependent on rehabilitation bears witness to the shortcomings of prevention as it stands today. Proper training of police, security forces and prison officials is a concrete example of such urgently needed activity.


VI. Impunity

In order to be a credible force for human rights, the EU must not be a safe haven for perpetrators of torture and ill-treatment. Indeed, being a national of an EU Member State cannot be a means to evade accountability for human rights violations. Member States should enact national legislation that permit courts to exercise universal jurisdiction so that suspected torturers can be brought to justice in Member State courts or extradited to a state able and willing to do so. Alleged torturers should be brought to justice wherever they may be, whatever their nationality or position, regardless of where the crime has occured and the nationality of the victim, and no matter how much time has elapsed since the crime was committed. Those found guilty must be punished by sanctions commensurate with the seriousness of the crime, excluding the death penalty.

Amnesty International hopes that the Swedish government will quickly overcome any remaining technical difficulties and ratify the Statute of the International Criminal Court during its Presidency. This should be an occasion when other EU Member States (only five of them have ratified to date), and indeed all other state-signatories, are urged to do so. While awaiting the day when the International Criminal Court's jurisdiction extends to all countries, we ask the Swedish Presidency to suggest that EU Member States institute, within their own justice systems, appropriate machinery to make it possible to try anyone accused of a crime for which that Court will have jurisdiction.

Bringing perpetrators to justice is a particularly severe problem in many countries. We also recommend that Sweden, during its Presidency, take the lead in establishing a European programme of legal assistance to third countries, with the aim of speeding up ratification throughout the world. In addition, we urge that the EU take particularly strong action with regard to impunity in Sierra Leone and Colombia.


VII. Military, Security & Police (MSP) Transfers

The adoption of a Code of Conduct on Arms Exports in June 1998 marked a first step towards a responsible EU-wide control system for arms and security exports from the EU. There is nevertheless still a need in the EU Code for:
• a ban on exports where there is a clear risk the arms will be used for breaches of international humanitarian law;
• greater transparency in reporting EU actual arms exports, using meaningful categories;
• better parliamentary scrutiny of export licensing in sensitive areas;
• strict regulation of EU-based brokers, transporters and financers engaging in extraterritorial arms deals;
• special restrictions on the transfer of licensed arms and security equipment production;
• regular monitoring of the end uses of EU arms to help ensure respect for human rights and humanitarian law;
• a multilateral system of "denial notification" involving all EU Member States when one Member State refuses to issue a license; and
• a prohibition on certain arms and security equipment with inherently inhumane effects.

The credibility of the EU's human rights advocacy is clearly undermined, as long as it is legal for EU-based companies and EU nationals to manufacture and export products used for torture or cruel, inhuman or degrading treatment or punishment. The EU and its Member States must therefore ban the manufacture, licensed production, promotion, marketing, transfer and use of security equipment whose effects are inherently cruel, inhuman or degrading. Such equipment includes electro-shock stun belts, leg irons, shackles and inherently painful devices such as serrated cuffs. Security equipment whose medical effects are not known or which reveal substantial risk of abuse or unwarranted injury, should be immediately suspended from use and transfer pending the outcome of independent enquiries into the uses, and physical and psychological effects of each type and sub-type of such equipment. Strict guidelines should be drawn up regarding the use and transfer of other security equipment, technology and expertise, in order to ensure its legitimate use in law enforcement in conformity with international human rights standards -- these guidelines should apply within the EU and also be conditional in export agreements with third countries.

The EU should fully implement its Joint Action on Small Arms and develop the EU Programme of Action on Small Arms to help those in war-torn countries and countries which lack professional law enforcement capacity, so as to build respect for human rights. It should advocate a wide-ranging action program at the July 2001 UN Global Conference on small arms. As part of this, the EU should pay greater attention to the linkages between abusive policing, arms flows and displacement of civilian populations.

It should be noted that the EU High Level Working Group has attempted to address the root causes of refugee movements, without paying attention to the direct responsibility the EU Member States and dealers based in the EU have in transferring large quantities of arms to unstable regions around the world. Thus, the EU should promote international agreements on the strict control of small arms exports and arms dealing by making sure that the EU itself sets proper standards in this regard which help respect for human rights.


VIII. Human Rights Defenders

Human rights defenders all over the world find themselves in the front lines of the struggle to ensure that human rights are respected. Given their vital importance, Amnesty International welcomed the creation of the post of UN Special Representative for the protection of human rights defenders. We note that the request for the creation of this post was made on behalf of the EU by the Finnish Presidency.

The time has now come for the EU to take practical steps to protect human rights defenders. We hope that Sweden, during its Presidency, will urge its partners to take an active role in such protection. Action by the EU countries, working closely together, should make it possible for all defenders - both individuals and associations - to benefit from the measures set out in the Declaration on Human Rights Defenders adopted on 9 December 1998 by the UN General Assembly. The ambassadors of the EU countries can play an important role in third countries by: finding out about the activities of local human rights organisations, supporting the projects and activities of such organisations, intervening with their host government counterparts on behalf of such organisations and their staff (always following consultation with them), and publicizing the terms of the 9 December 1998 Declaration. Furthermore, vital protection can be provided by EU Member State embassies by opening their doors to human rights defenders who find themselves in danger.


IX. Specific Regional and Country Situations

There are a number of bilateral and multilateral contacts through which the EU already acts for human rights. The new Cotonou partnership agreement which follows on the Lomé Agreements and has recently been signed by the EU and the ACP countries (75 , soon 76 African, Caribbean and Pacific countries) confirms the principles that respect for human rights, democratisation and the rule of law are 'essential elements' of the partnership. Amnesty International asks the Swedish Presidency to work for more detailed specification of the following: how these essential elements should be taken into account; criteria for considering violations; and what mechanisms should be instituted for monitoring and control. Priority should be given to the abolition of torture and the death penalty in the ACP countries.

a. Regional action

With regard to the European-Mediterranean partnership (EUROMED), Amnesty International can only note that, while human rights are a stated priority of the process, the situation in the region gives considerable cause for concern. Durable peace and stability can only be achieved when the human rights of every man, woman and child living in the Euro-Mediterranean region are protected. Economic and security arrangements should be built on human rights guarantees and not formulated at their expence. We ask that Sweden suggest to its European and Mediterranean partners that a detailed programme be established with a view to the implementation of the Barcelona human rights commitments. Clearly defined measures could include:
• the establishment of a mechanism to monitor compliance with the human rights clause laid down in Article 2 of the Euro-Mediterranean Association Agreements. Such a monitoring should include, for example: the incidence of human rights violations such as torture and the death penalty, the extent to which human rights defenders are free to act and speak out in in defence of the rights of others, and compliance by the contracting parties with the recommendations issued by UN human rights bodies and mechanisms;
• protection of human rights defenders by the EUROMED partnership and recognition of their work as a direct and clear manifestation of the Barcelona Declaration;
• ratification and application by all 27 partners, immediately and without reservations, of human rights treaties providing for the prevention and the punishment of torture;
• the eradication and effective prevention of torture and ill-treatment should be made a priority in the political and security dialogue of the Euro-Mediterranean Partnership;
• protection of women from discrimination and violence and implementation of international obligations under the United Nations Convention on the Elimination of All Forms of Discrimination Against Woman (CEDAW) and Optional Protocol by all 27 partners; and
• ratification without reservation of international treaties which seek to eliminate racial discrimination.

b. Proposals for action at the UN Commission on Human Rights

We wish to raise certain countries as giving rise to particular concern. We urge the Swedish Presidency to lead concerted EU action on the following countries at the forthcoming UN Commission on Human Rights (CHR).

Indonesia

Despite the commitment of President Wahid's government to continue the process of reform, the human rights situation continues to be of serious concern and is contributing to growing instability in the country. The current deterioration of the human rights situation in Aceh, which is marked by extradjudicial executions, torture and “disappearances” committed by Indonesian security forces and the armed opposition group Free Aceh Movement, needs the urgent attention of the international community. The EU should ensure that the CHR expresses its concern about the serious and widespread human rights violations in Indonesia and insists that the Indonesian government takes immediate and effective measures to prevent further violations. The EU should raise the continued lack of accountability of security force members responsible for human rights violations and insist that rapid progress is made in investigating cases inter alia the crimes committed in East Timor during 1999 and the serious and widespread violations which continue to take place in e.g. Aceh and Papua.

Russian Federation

Russian forces continue to perpetrate grave human rights violations and breaches of humanitarian law in what has become a war of attrition in Chechnya. The Russian authorities are failing or refusing to abide by key provisions of the EU-sponsored CHR Resolution on the Situation in Chechnya.There is no independent investigation of alleged human rights abuses in Chechnya being conducted to recognized international standards. Neither the Kalamanov office nor the national public commission measure up to such standards. The Russian authorities have also not complied with the CHR’s request to cooperate with relevant special rapporteurs and working groups of the Commission in expediting fact-finding missions to Chechnya and neighboring republics. Amnesty International calls on the Swedish Presidency to ensure that the EU takes urgent action towards effective independent investigation into human rights abuses and breaches of humanitarian law committed in Chechnya and prosecution of the perpetrators. Specifically, such action should include moves to establish a sustained international investigation. The EU must also recognize and and seek a rapid end to the human rights violations to which individuals of Chechen origin are subject to throughout Russia.

Colombia

In the light of the worsening human rights crisis and the escalating internal conflict in Colombia, Amnesty International urges the EU to lead the international community’s efforts to exert pressure on the Colombian authorities to fully implement the recommendations of the UN High Commissioner for Human Rights. The EU should call on Colombia to take action to end the impunity of human rights abuses, in particular through exclusion of human rights violation cases from military courts; to combat and disband paramilitary groups which continue to operate in unison and with the support of the security forces; and to guarantee the security of human rights defenders , other leaders of civil society and indigenous communities. We call on Sweden and its European Union partners to commit themselves to strengthen the UN Office, and seek the support of other members of the international community to back its important efforts to tackle the human rights crisis in Colombia. Amnesty International believes that respect for human rights and international humanitarian law is an essential prerequisite in order to achieve peace. The EU should urge all parties to the conflict to discuss urgently, agree and implement a verifiable agreement to fully respect fundamental human rights and international humanitarian law.

China

Amnesty International calls on the Swedish Presidency to ensure that the EU will use all available means to ensure that the serious human rights violations in China are effectively addressed. The human rights situation in China has deteriorated over the past two years, while the human rights dialogue held by the EU and other governments with China has failed to bring any concrete improvements on the ground or progress in the area of China’s cooperation with the UN human rights mechanisms. Amnesty International believes that engagement in a dialogue should not preclude other unilateral or multilateral action to improve human rights. It is not acceptable that bilateral co-operation programs, opportunities to discuss human rights and bilateral relations in general, are openly held hostage to inaction in relevant international human rights mechanisms. We therefore call on Sweden to propose EU action to bring China under the scrutiny of the UN Commission of Human Rights.

Sierra Leone

Implementation of the Lomé peace agreement of 1999 halted in May 2000 with the capture by rebel forces of UN peace keeper troops. The level of human rights abuses against civilians significantly increased. Killings, rapes and abductions have continued; children continue to be recruited, either forcibly or voluntarily, as combatants; and thousands more have become internally displaced or refugees, facing an acute humanitarian situation. The security situation remains precarious and unpredictable. The EU should continue its efforts to ensure the protection and well-being of civilians. Human rights must be central to the UN peace-keeping operation: UNAMSIL forces must fulfil their mandate to protect civilians, and the UNAMSIL human rights section must be adequately staffed and fully integrated into policy-making. The EU should continue to give full support to the establishment of the Special Court for Sierra Leone, including by ensuring adequate and consistent funding, as well as necessary specialist expertise. The EU should also contribute towards the strengthening of the judicial system, and other national institutions, to ensure long-term respect and protection of human rights and an end to impunity. Full support should be given to action by the UN, governments, including EU Member States, and the diamond industry to end the trade in diamonds which finances the supply of arms to rebel forces. The EU should also continue to work towards establishing stringent controls for arms brokering.

Saudi Arabia

Amnesty International has welcomed Saudi Arabia's recent accession to the Convention on the Elimination of all forms of Discrimination Against Women, but remains concerned about the sweeping reservations made to the Convention. We also welcome other positive steps taken by the Saudi Arabian authorities, which include the invitation issued by the government to the United Nations Special Rapporteur on the Independence of Judges and Lawyers to visit Saudi Arabia, and undertakings to create a committee to investigate allegations of torture and other abuses. However, Amnesty International remains seriously concerned about the human rights situation in Saudi Arabia. Women remain victims of severe forms of discrimination. At least 123 people have been executed so far this year and judicial amputations have reached an unknown high in 2000. Arbitrary arrests, torture and ill-treatment continue to occur. The EU should call on Saudi Arabia to address these grave abuses and to translate into concrete action the commitments it made to the CHR in April 2000 and when it ratified the Convention on the Elimination of all forms of Discrimination against Women. We also call on the Swedish Presidency to ensure that the EU will urge Saudi Arabia to immediately suspend executions pending complete abolition of the death penalty and to comply with its obligations under the Convention against Torture by abolishing floggings and amputations immediately.

c. Other country-related action: the Federal Republic of Yugoslavia

Amnesty International welcomes the steps that have been taken so far by the new Yugoslav and Serbian governments to address some major human rights concerns. However, there continues to be a need for full, public and independent investigations into previous violations, and an end to impunity for those responsible for violations of human rights and humanitarian law, including persons indicted by the Hague war crimes tribunal. We call on the Swedish Presidency to ensure that the EU will sustain pressure for the release of those who have been imprisoned for political reasons following unfair trials and for the suspension of police and military personnel against whom there is evidence of involvement in abuses of human rights or international humanitarian law. The EU should address as a priority the still unresolved question of the fate of those of all nationalities who have "disappeared" or been abducted in Kosovo, and advocate the establishment of a programme of co-operation between the Federal Republic of Yugoslavia (FRY), UN and local Kosovar authorities on this issue. Particular attention should be given to the need to ensure the protection of and respect for the rights of national minorities within FRY, as well as refugees and internally displaced persons. We call on Sweden to ensure that EU’s cooperation programmes for FRY give urgent attention to rebuilding institutions that are essential for the observance of the rule of law and adherence to international standards . The creation of an independent and impartial judiciary trained in international human rights standards should be a high priority throughout the FRY, including in Kosovo. The EU should contribute to the reconstruction of respect for human rights by encouraging and supporting the training of police and military personnel in international human rights standards.


X. Summary & Recommendations

1. There is an urgent need for a credible overall EU policy on human rights, especially in light of the massive human rights crises of recent years. Such a policy should integrate activities concerning human rights, democracy and rule of law; development assistance, social justice, the eradication of poverty, and peace, security and stability. All of these activities should be characterized by consistent and timely preventive action against violations wherever they occur. We urge the Swedish Presidency to take a decisive step towards developing an overall EU policy on human rights and so bring coherence to the EU's strategies and programmes.
2. The notion of credibility is also relevant when considering how to deal with human rights problems within the EU Member States and in accession countries. Proper mechanisms of accountability at national and EU levels should enable and encourage Member States to take appropriate action. The proclamation of the European Charter of Fundamental Rights should pave the way for the EU to accede to the European Convention on Human Rights. Human rights abuses within the EU should become an integral part of the annual human rights report. Based on adequate monitoring and evaluation, EU support in the context of accession partnerships should contribute to achieving structural improvements in candidate countries.
3. While human rights constitute an essential element of the EU's relations with third countries, the human rights clause must be given more substance by combining timely and appropriate action against abuses with constructive support to strengthen the rule of law and the active participation of civil society.
4. Every effort must be made to ensure that the international system of refugee protection is not undermined by the harmonization of asylum policies and practices and the Member States' desire to counter illegal immigration. The EU's increasingly restrictive policies on asylum are not matched by a determination to confront the serious human rights violations that constitute the main root cause of refugee flows. The notion of prevention through addressing human rights violations should be placed more centrally in the asylum debate.
5. While maintaining its active opposition to the death penalty worldwide, the EU and its Member States should now take a next step to implement its human rights mandate by jointly defining the eradication of torture as a key objective of EU human rights policy.
6. The EU must act forcefully to ensure that perpetrators of human rights violations are brought to justice.
7. The EU must recognize that its credibility in the sphere of human rights remains weak, as long as certain of its Member States continue to produce and export products used for torture or other cruel, inhuman or degrading treatment or punishment. Likewise, further development and enforcement of adequate controls of military, security and police transfers are crucially important to curb and prevent human rights abuse and violent conflict.
8. Effective support for and protection of human rights defenders is one of the most powerful ways of preventing human rights abuses and strengthening civil society. The EU Member States embassies and the EU offices around the world can play a critical roll by supporting local human rights communities.
9. Amnesty International urges that the EU takes particular action at the forthcoming session of the UN Commission on Human Rights on the following countries: China, Colombia, Indonesia, Russian Federation, Saudi Arabia, and Sierra Leone.








The Swedish section of Amnesty International
29 November 2000