PART A Towards a coherent and effective EU human rights policy

1. Introduction
2. Mainstreaming of human rights in the Euro-Mediterranean Partnership
3. Overview of relevant programming and monitoring instruments
4. National Action Plan

PART B Human Rights Impact Assessment - A Framework

1. Introduction
2. Key elements of HRIA

PART C Step 1 - Assessment of the human rights situation: Case-study of Morocco

1. Introduction
2. Formal Commitment
3. Violations of civil and political rights
4. Respect, protection and fulfilment of economic, social and cultural rights
5. Rights of the Child
6. Gender discrimination
7. General conclusion

Bibliography

In this paper we identify opportunities to enhance mainstreaming of human rights in the context of the European-Mediterranean Partnership. We particularly focus on the need for fair and consistent periodic reporting on human rights performance as the basis for policies that take due account of human rights and the evaluation of these policies.

In Part A we elaborate on basic requirements for a coherent and effective EU human rights policy. At the same time there is the principle of mainstreaming of human rights in the various policy areas. Mainstreaming requires a more systematic, in‑depth and transparent reporting on the formulation and implementation of policies.

The European-Mediterranean Partnership has three dimensions. Two of these dimensions, the Security and Stability dimension and the Social and Cultural dimension, directly deal with human rights issues. The third dimension, Economic and Financial dimension indirectly deals with human rights issues. The improvement of human rights, such is suggested by the EU, will be a consequence of economic growth and prosperity. Consequently, human rights have only had a marginal influence on the overall policy in the Euro-Mediterranean Partnership. In Part A we examine the main programming and monitoring instruments currently being used and/or developed by the Commission in the context of the Euro-Mediterranean Partnership: the existing Country Strategy Papers (CSP) and the future National Action Plans (NAP). The quality and extent of the human rights analysis in CSPs varies, and the overall level of attention for human rights issues is poor.

In Part B we introduce the framework of Human Rights Impact Assessment (HRIA) as developed by the Humanist Committee on Human Rights (HOM). In the field of external relations, the purpose of HRIA is to enhance the effectiveness of external policy measures on the human rights situation in third countries and to prevent any negative effects. HRIA is defined as a systematic process to ensure the integration of human rights aspects in decision‑making throughout the policy formulation, implementation, checking and adapting process. The HRIA framework includes eight procedural levels. [1] Applying the key-elements of HRIA in all three dimensions of the Euro-Mediterranean Partnership would contribute to the level of attention for human rights as well as the consistency and transparency as regards the inclusion of human rights in the various policy areas.

Since Morocco will be the first State with which a National Action Plan is drawn up, we selected this country for the study in Part C, the assessment of the human rights situation which is step 1 of the HRIA framework. We look at the human rights situation in Morocco from the following perspectives: formal commitment; violations of civil and political rights; respect, protection and fulfilment of economic, social and cultural rights; children?s rights and finally gender discrimination. In the analysis we present and use various methodologies to identify violations or possible violations of human rights. One conclusion is that the assumption of the EU, which is that policy should be focused on the economic and financial pillar as economic growth will positively contribute to solving human rights problems, is incorrect since many of the violations can be traced back to problems which are not of an economic nature.

One of the suggestions in the paper is that the framework for HRIA combined with the country analysis in Part C provide elements for the development of a conceptual framework for the human rights analysis in the NAP as well as for the integration of human rights throughout the policy cycle. Using this s ystematic approach will contribute to making mainstreaming of human rights in the Euro-Mediterranean Partnership a reality.

[1] Assessment of the actual human rights situation; Political analysis; Development of a view on the desired situation; Selection of essential questions; Formulation of policy options and activities; Decision on policy and activities; Monitoring and Evaluation.