5.2. Human Rights and the CSDP (Taina Järvinen

5.2. HUMAN RIGHTS AND THE CSDP

by Taina Järvinen

Training on international humanitarian law in the EU Training Mission in Mali.

European Union/EUTM Mali

In the context of the Common Security and Defence Policy (CSDP), the promotion and protection of human rights and the rule of law are considered essential for lasting peace and security.

Over the years the EU has mainly deployed missions focusing on capacity-building, training, advising and supporting security sector or other institutional reforms in post-conflict situations, where human rights are part of broader reconstruction efforts.

However, CSDP missions increasingly operate in complex and hostile conflict settings where national institutions are fragile or non-existent and civilians are often deliberately targeted by armed groups – a clear violation of international humanitarian law. NORMATIVE FRAMEWORK

The European Union is committed to promoting and protecting human rights worldwide and the development of EU human rights policies in its external action, including the CSDP, has a strong normative basis. Human rights, democracy, the rule of law and the principles of equality and solidarity are founding principles of the EU embedded in the Treaty on European Union (TEU). In accordance with Article 21 TEU, the EU is guided by and seeks to advance these principles in its external action. Furthermore, Article 21 TEU places the EU’s external activities within a broader international normative framework by including respect for the principles of the United Nations Charter and international law among the guiding

European Union/EUCAP Sahel Niger

Training on human rights in the EU Capacity Building Mission in Niger.

principles. In other words, even when a CSDP mission mandate does not explicitly refer to human rights, the mission operates in the framework of international and EU human rights standards and indirectly aims to promote human rights.

HUMAN RIGHTS MAINSTREAMING

To ensure the effective implementation of human rights commitments in CSDP, the EU early on adopted a policy of mainstreaming.

In June 2006 the Political and Security Committee endorsed a paper entitled ‘Mainstreaming of Human Rights into ESDP’ (11936/4/06). The document outlines the basic principles of human rights mainstreaming in CSDP and lists a number of implementation measures for the missions, Member States and the Commission, which include: • ensuring the necessary human rights expertise at headquarters and in missions; • providing human rights training to mission personnel; • integrating human rights aspects as part of flanking measures or technical assistance provided in the context of missions and operations; • ensuring appropriate mission-specific reporting procedures and integrating lessons learned on human rights aspects in missions and operations; • cooperating with other international stakeholders. In the context of CSDP operations and missions, human rights mainstreaming means that human rights aspects are systematically integrated into all phases of CSDP missions and operations, from the early planning phase to implementation and review. The mainstreaming policy should pay special attention to the needs and situation of children affected by armed conflict and other vulnerable groups.

ENHANCING EFFECTIVENESS AND COHERENCE

The European Union reaffirmed its commitment to human rights in 2012 when the Council adopted the package entitled ‘Human Rights and Democracy: EU Strategic Framework and EU Action Plan’. The second action plan on human rights and democracy for the 2015 – 2020 period was adopted in 2015. The strategic framework and the consecutive action plans aim to further enhance the effectiveness and coherence of EU policies by setting out objectives, principles and priorities, and to ensure a comprehensive approach to preventing and addressing conflicts and crises.

INTEGRATING HUMAN RIGHTS INTO THE CSDP – TAKING STOCK

Considerable progress has been made and many of the measures identified in the 2006 document have been implemented over the past ten years. The EU and Member States have adopted new policies and developed a body of guidelines, checklists, handbooks and other toolkits for mainstreaming human rights and other human rights–related fields such as transitional justice and international humanitarian law into the CSDP.

Human rights aspects have been integrated into the 2013 crisis management procedures, and there has been an increase in human rights expertise and resources. Human rights advisers or focal points are present in most CSDP missions and operations, and human rights components are included in CSDP training courses organised by various Member States under the framework of the European Security and Defence College (ESDC). Specialised training on human rights, gender, children and armed conflict, protection of civilians and conflict prevention is also available through ESDC and other Member State initiatives.

However, after ten years it was necessary to take stock of the progress made and identify areas where more should be done. In April 2015, 20 Member States drafted a non-paper encouraging the EU to enhance its efforts to mainstream human rights, gender, women, peace and security into the CSDP. In May 2015, the Council welcomed the initiative for a baseline study that would allow progress and delivery on human rights, gender and related fields to be measured over time. In response, the EEAS conducted a baseline study on the integration of human rights and gender into the CSDP during 2016. The 21 baselines were developed based on existing policy commitments for integrating human rights, gender, United Nations Security Council Resolution (UNSCR) 1325 and the protection of children affected by armed conflict into CSDP missions.

The study focused on both human rights and gender, as CSDP policies have consistently promoted human rights and gender together. However, efforts were made to separate human rights from gender so as to differentiate the complementary importance to the CSDP of, on the one hand, human rights and, on the other, gender and UNSCR 1325 on women, peace and security.

The final report of the baseline study was approved by the High Representative and submitted to the Council in December 2016. The findings and recommendations of the study will provide an informed basis for further integration of human rights in the CSDP.