Rezumat : In recent weeks, the debate on the US use of drones in its counter-terrorism operations has intensified. The confirmation of John O. Brennan as the director of CIA — and the much-reported filibuster that interrupted his hearing and focused attention on the issue of drones — has led to a push for political and legal accountability. A recent ruling by the US Court of Appeals has supported the endeavour, and the US administration has invited the Congress to develop a legal framework for drone strikes. In parallel, the UN Special Rapporteur on Counter Terrorism and Human Rights, Ben Emmerson, has investigated the issue, consulting stakeholders and undertaking study trips, most recently to Pakistan. These combined efforts may lead to a deeper global debate about new, rapidly developing arms, tactics and technologies. The EU should engage more actively in the discussion, which bears direct implications for the Union's security as well as its stance on issues of human rights. The EU can help forge a global consensus about this form of modern warfare, responding to — but also anticipating — its risks and challenges.u

Autori : Wanda TROSZCZYNSKA-VAN GENDEREN and Jacopo BELLELLI (European Parliament, Directorate-General for External Policies of the Union, Policy Department), with input from Andrej AUERSBERGER MATIC (Legal Service) and Molly TUTT (EPLO)

Comisii : Drepturile omului

Rezumat : As the newest country in the world and one emerging from decades of conflict and hardship, South Sudan faces many challenges, including its capacity to promote and protect human rights. The participants in the workshop 'South Sudan: Enhancing capacities for human rights', which took place on 19 March 2013, confirmed that the country's principal problems associated with human rights included lack of laws, protection mechanisms and expertise. Participants offered suggestions for tackling the obstacles, such as technical assistance for institutions and training for civil society.

Autori : Expedit KKAAYA (Access to Justice Programme of RCN Justice & Démocratie, Kampala, UGANDA) and Kathrin Maria SCHERR (Max-Planck Institute for Comparative Public Law and International Law - MPIL, Heidelberg, DEUTSCHLAND)

Comisii : Drepturile omului

Rezumat : Defined as abuse of public trust for personal gain, corruption is present in all countries. The participants of this workshop discussed various ways that corruption is linked to human rights violations and examined specific challenges in individual countries such as South Africa, Angola and Russia. The recommendations for the EU included supporting civil society activists more effectively, developing international standards for the independence of anti-corruption bodies, establishing a UN Special Rapporteur, setting anti-corruption benchmarks for bilateral cooperation and monitoring the links of corrupt countries with EU Member States.

Autori : Gareth SWEENEY (Transparency International), Rafael MARQUES DE MORAIS (Journalist and Angolan anti-corruption campaigner) and Julia PETTENGILL (Henry Jackson Society, London, the UK, Russia Studies Centre)

Comisii : Drepturile omului

Rezumat : The African Union (AU) has three principal mechanisms for protecting human rights on the continent: a Charter, a Commission and a Court all devoted to Human and Peoples' Rights. These are complemented by other specific instruments, by the work of the AU institutions and by various international and national laws. Despite this complex web, human rights are still violated in numerous African countries. The reasons stem from the fact that many legal instruments have not been ratified, that the human rights system suffers from weak capacity and — crucially — that many AU member states lack the political will to improve the situation. Human rights are an important element of AU–EU relations in the framework of the bi-regional Joint Strategy (JAES), although the results of this partnership have so far been disappointing. The new AU Commission, elected in 2012, may be more ready to engage on a substantive dialogue on the matter. The change presents an important opportunity to deepen the dialogue on dedicated human rights forums and to emphasise human rights as an essential element of common AU–EU approaches to other areas, such as development or peace and security in Africa.

Autori : Manuel MANRIQUE GIL and Anete BANDONE, with contributions from Anastasia CALVIERI (European Parliament, Directorate-General for External Policies of the Union, Policy Department)

Comisii : Drepturile omului

Rezumat : With the entry into force of the Lisbon Treaty the protection of minorities became an explicit founding value of the European Union. In its external relations the EU has with the membership perspective and increased integration in the common market strong instruments at her disposal to promote and foster the protection of human and minority rights in the Western Balkan states. The question, however, arises to which extent the EU made and makes use of this leverage in its enlargement policy. The study investigates whether the EU`s own commitments with regard to the protection of minorities became an integral part of the enlargement process with the Western Balkan states. It gives an overview of the situation of minorities in the states of the Western Balkan, explores the minority rights frameworks in place and how they have been implemented so far. It reviews the EU's record of monitoring and mainstreaming rights of persons belonging to minorities in the enlargement process and examines current policy and financial instruments available in enlargement and neighbourhood policies in this regard. Since there are various actors involved in the protection of minorities at the regional level cooperation with the OSCE and the CoE will be explored and analysed how regional cooperation in the field of minority protection is already developed. In concluding, recommendations will be made on how to improve EU and European Parliament’s action in the field of minority protection.

Autori : Wolfgang BENEDEK, Florian BIEBER, Lisa HESCHL, Emma LANTSCHNER, Josef MARKO and Reinmar NINDLER (University of Graz, Austria)

Comisii : Drepturile omului

Rezumat : The European Parliament is seen as the most principled and outspoken EU institution within the field of human rights. However, empirical research focused on Belarus, China, Cuba, Egypt, Sri Lanka and Zimbabwe suggests that translating this visibility into tangible results — protecting individuals and organisations and influencing third countries' policies violating human rights — remains an elusive goal. Many factors that determine the impact of the Parliament in the field of human rights are external to the Parliament and beyond its control. Others, however, stem from a lack of coordination between the Parliament and the European External Action Service. Within the Parliament, factors that can influence the organisation's impact include the level of coherence, consistency and coordination of activities. To strengthen its effectiveness, the European Parliament should make the following adaptations: strengthen contacts with civil society in third countries to reinforce the institution's position as a supporter of human rights; increase its internal coherence and coordination across different instruments; and exploit the powers granted by the Lisbon Treaty to promote an effective and common EU human rights strategy.

Autori : Richard YOUNGS and Manuel MANRIQUE GIL (Fundación para las Relaciones Internacionales y el Diálogo Exterior - FRIDE, Spain) ; Case studies: Manuel MANRIQUE GIL, Kristina KAUSCH, Clare CASTILLEJO, Susanne GRATIUS and Natalia SHAPOVALOVA

Comisii : Drepturile omului

Rezumat : This study concludes that recommendations issued by European Union Election Observation Missions (EU EOM) merit substantiation in applicable international and regional obligations, so as to legitimise their follow-up by EU Delegations in country, as well as by relevant European Parliament Standing Delegations. The study suggests that the status of EU EOM recommendations warrants centralized tracking, in order to allow coordinated follow-up and statistical EEAS reporting to European Parliament. The paper further recommends that the pending revision of the Cotonou Agreement should refer to Africa-Caribbean-Pacific-EU Joint Parliamentary Assembly resolutions that enshrine electoral commitments. Further, the study suggests that European Parliament task its Election Observation Delegations with scrutinising direct Budget Support vis-à-vis host country adoption of EU EOM recommendations, as benchmarked in political dialogue, and to report findings to relevant EP Committees. The study finds that in turn, European Parliament could maintain a “watch list” of repeat electoral Deep Democracy offenders. As a last resort, European Parliament could resolve to link approval of Development Cooperation Instrument and European Neighbourhood Partnership Instrument funds to adoption of those EU EOM recommendations that aim to protect fundamental rights and freedoms.

Autori : Manuel WALLY

Comisii : Drepturile omului

Rezumat : The abolition of capital punishment is a key objective for the European Union’s human rights policy. While a handful of countries in the region no longer apply capital punishment, all retain the death penalty on their books. None of the MENA Countries has signed the Second Optional Protocol to the ICCPR, which aims to abolish the death penalty. In most countries in the MENA region, the legal system is mainly based primarily on Shari'a. Unsurprisingly, Israel's legal system has different sources. In criminal law determined by Shari'a, most crimes classified as Hudud are punishable by death, because they represent a threat for Islam. In 2012, Iran confirmed its lead position in the region with two executions per day. Despite its international obligations, Iran continues to execute juvenile prisoners. Iraq executed more than 62 people In 2011, and more than 102 in the first nine months of 2012. The number of executions per capita in Gaza is the highest in the region. Apostasy and sorcery are among the crimes punishable by death in Saudi Arabia. In Yemen, more than 29 people have been executed in 2012. The UN launched three moratoria on the use of the death penalty between 2007 and 2011. The European Union's campaign against capital punishment aims at persuading its partner countries to abolish death penalty, through political dialogue. In the 2007-2010 period, the EU allocated EUR 8 million to 21 projects worldwide, 4 of which were in the MENA region. The indicative budget for 2011-2013 is EUR 7 million.

Autori : Anastasia CALVIERI, Pekka HAKALA and Anete BANDONE (Policy Department, DG EXPO, European Parliament)

Comisii : Afaceri externe, Drepturile omului

Rezumat : This report evaluates the EU’s action to strengthen respect for human rights and democracy in North Africa and the Middle East. Assessing the EU’s changing institutional context since the Lisbon Treaty, it examines the major policy initiatives of 2011 in response to the events of the Arab Spring. The Arab Spring illustrated the limitations of the ‘stability versus human rights’ paradigm, and prompted the EU to promise that support for human rights and democracy would be central to its relations with the MENA-region. Such rhetoric must be matched by detailed action plans which incorporate the promotion of such values. As shown in the four case studies conducted for this report, laudable policy declarations must be implemented not only by tangible increases in budget lines, but also by concrete policy-structures capable of acting forcefully against human rights violations. The appointment of a Special Representative for Human Rights and the creation of the EED and CSF have the potential to achieve such goals, although the exact nature of these initiatives still need to be determined. This report recommends the EU to resolve its internal differences with regards to the region, to intensify its relations with other MENA partners, and suggests ways of enhancing the effectiveness of its policy.

Autori : Richard YOUNGS and Hélène MICHOU (Fundación para las Relaciones Internacionales y el Diálogo Exterior - FRIDE, Spain) ; Case studies : Kristina KAUSCH (Egypt) ; Barah MIKAIL (Tunisia) ; Hélène MICHOU (Syria) and Ana ECHAGUE (Yemen)

Comisii : Drepturile omului