(EO) Ombudsman´s speech to European Parliament subcommittee on human rights (DROI)
Speech - Speaker Emily O'Reilly - City Brussels - Country Belgium - Date Wednesday | 04 December 2024
Good morning Honourable Members.
Thank you for your invitation to discuss human rights conditionality in EU agreements with third countries, a topic that has increasing relevance in the current political context.
Good administration must and does include observance of and respect for fundamental rights. Where fundamental rights are not respected, there cannot be good administration. As Ombudsman, part of my work involves ensuring that the EU institutions live up to their fundamental rights obligations in agreements with non-EU countries.
I have dealt with this issue through several inquiries over the years. I will first focus on those related to trade agreements the EU has signed.
In 2015, I found that the European Commission should have carried out a human rights impact assessment before concluding negotiations on a trade deal with Vietnam. At the time, I reminded the Commission that respect for human rights cannot be made subject to considerations of convenience or to an overly literal interpretation of its obligations.
In 2018, I found that the Commission should have concluded an updated sustainability impact assessment before the EU-Mercosur trade deal was agreed. My inquiry followed a complaint by five civil society organisations, which were concerned that the Commission conducted the trade negotiations without an up-to-date assessment of its potential economic, social, human rights, and environmental impact. I found it was the Commission’s responsibility to ensure the assessment was finalised in good time and that its failure to do so was maladministration.
In 2021, I decided to take a broader look at respect for human rights in the EU’s international trade agreements. I asked the Commission to set up a new and separate complaint-handling portal for alleged human rights abuses. I also urged it to examine how it can ensure that this portal is accessible to civil society organisations and other stakeholders in the countries with which the EU has agreements.
The Commission concluded that it was not necessary to set up a separate portal as it believes its existing mechanisms are sufficient. In relation to my second suggestion, it said that stakeholders in partner countries can raise any concerns through a variety of channels. While I note the Commission’s arguments about its existing mechanisms for monitoring human rights and other comments it had about resources , the Trade and Sustainable Development approach it relies on for these agreements is not primarily aimed at addressing human rights abuses. It focuses on trade issues, the environment, and labour rights, while in my view, human rights are best protected when they are the subject of specific focus.
While trade deals are intended to be good for the economy, they may sometimes adversely affect various groups of people. Planning for this possibility would be in line with Article 21 of the Lisbon Treaty, which stipulates that the EU's action on the international scene "shall be guided by the principles which have inspired its own creation, development and enlargement and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the United Nations Charter and international law".
Lately, my focus in this area has turned to EU agreements that cover migration - a topic that has always been sensitive but which has become more so in recent years. In 2017, following the EU-Turkey agreement regarding Syrian refugees, I asked the Commission to have a specific focus on human rights in its progress reports on the agreement. It has now become increasingly normalised to outsource migration management to non-EU countries, while the idea of ‘return hubs’ - offshore centres for those being deported from the EU - is actively discussed by EU heads of state and government.
In this context, it is increasingly important for the EU to demonstrate that fundamental rights are not been sacrificed as political goals are changing.
When the EU-Tunisia Memorandum of Understanding was agreed in July 2023, there was strong public concern about the potential impact on the human rights of migrants trying to get to the EU. The agreement covers, amongst other things, migration management. In April of this year, I opened an inquiry into how the Commission was intending to guarantee human rights in the context of this agreement. Our view is that prior human rights impact assessments are needed even when agreements do not create legally binding obligations.
Although the Commission had carried out an - unpublished - risk assessment that was broadly similar to a formal human rights impact assessment, we found that a formal assessment would have been preferable because it allows for more effective public scrutiny.
We also asked the Commission to adopt and make public detailed criteria for when EU funds would be suspended and to encourage organisations monitoring human rights in Tunisia to set up complaint mechanisms where individuals can report alleged violations of their rights in the implementation of EU-funded projects.
Since the signing of the EU-Tunisia agreement, there have been similar agreements with other countries and this may continue to be the blueprint in future. I would like the proposals my office has made to become the standard practice for these types of agreements. While I have not formally looked into the procedures related to other recent agreements, it is clear that all such deals raise the question as to whether the EU is sufficiently meeting its obligations vis a vis the safeguarding of human rights.
On this note, I recently received a complaint related to human rights and the granting of macro financial assistance to Egypt. I could not open an inquiry, as the Ombudsman does not examine matters currently before the co-legislators, but I have informed the Parliament of my decision so it may take into account whether the necessary human rights checks are carried out when granting further financial assistance to Egypt.
Honourable members, the world is throwing up new challenges for the EU that may require quick action, novel policies, and fast-track decision-making. But while the geopolitical landscape continues to change, the rules upon which the EU administration is built and carries out its actions have not. The fundamental rights obligations laid out in the EU treaties and in the fundamental rights charter remain in force. It is the task of the Ombudsman and other oversight bodies to continue to draw attention to policies and actions that fall short of these commitments.
As you know, my successor as European Ombudsman, will be elected by you the Members of the European Parliament in just under two weeks’ time. I would like to thank you for the excellent cooperation and for your support for my office over the past eleven years and wish you well in your vital work.
I am looking forward to your questions.
- Export to PDF
- Get the short link of this page
- Share this page on