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CIVIL FORUM
"HUMAN RIGHTS AND CITIZENSHIP IN THE MEDITERRANEAN"
Euro-Mediterranean Human Rights Network and the Forum des Citoyens de la Méditerranée,
Stuttgart, 15th-16th April 1999
Conference organised by the Friedrich Ebert Stiftung
RECOMMENDATIONS
PROPOSALS BY THE FORUM DES CITOYENS DE LA MEDITERRANEE AND THE EURO-MEDITERRANEAN HUMAN RIGHTS NETWORK
These proposals were worked out by the two organising networks following two days of work and then augmented by the participants.
The process of Barcelona, started more than three years ago, has opened new possibilities and created opportunities that civil society can grasp. All of the provisions mentioned in the association agreements are based on the observance of the democratic principles of human rights. The signing parties committed themselves to orientating both their domestic and foreign policies towards these principles in order to make the Mediterranean a "zone of shared peace and prosperity". In this context, the Declaration of Barcelona insisted strongly on the promotion of the role of civil society, particularly of NGOs, in the implementation and evaluation of this process.
Before formulating the recommendations which resulted from the discussions undertaken by the civil society during this conference and beyond, the participants would like to indicate that they see civil society as the collection of those authorities, associations, persons and the media who have the authority to guarantee or protect, outside of all state institutions, the proper execution, by peaceful means, of public liberties and to favour the emergence and independent affirmation of a collective pluralist identity based on the universal values of human rights and the promotion of a citizens culture.
The peace process and conflict resolution
It must be realised today that neither the peace process nor the respect of human rights have progressed in the region. In fact, quite the opposite is true. The peace process in the Middle East, the region at the centre of this discussion, has been ruined by the policies of the current Israeli government which has placed the region under dangerous pressure and violates the agreements signed since Oslo for the interim period, which will end in a few days.
We see that the dead end in the Israeli-Arab and Israeli-Palestinian peace process is slowing down the entire process of the Barcelona partnership.
In this respect, the conference participants call upon the European Union:
- to apply pressure on Israel to implement the agreements made since Oslo with the Palestinians.
- to intervene through all means to ensure that Israel retreats from the occupied Palestinian territories, Golan and South Lebanon, the immediate cessation of colonisation, particularly in Jerusalem. The status of this city must be the subject of negotiation.
- to commit itself to the recognition of the Palestinian state once it has been proclaimed and to help this state establish its independence as soon as possible and to help it exercise its full sovereignty.
Other countries (especially Algeria and the Balkan countries) are currently experiencing dramatic situations which constitute major obstacles in achieving the objectives of the partnership. In this respect, the participants express their concern regarding the major human rights crisis in Algeria. They call upon all parties in the partnership to encourage every action that could lead to peace and to a political solution of the crisis in this country.
The situation in Kosovo has caused the demons of the past to reappear and demands urgent and dramatic action to help the people of Kosovo, who are victims of ethnic cleansing. This situation once again poses the problem of the observance of international law and demonstrates the urgent need for a new international rule of law capable of preventing and resolving conflicts.
This situation also echoes the status and the oppression forced upon minorities in several countries in the partnership, notably the Kurdish minority (Turkey, Iraq, etc.) and the treatment of the question of cultural diversity and pluralism in the region (Lebanon, European Union countries, etc.).
In other respects, the participants have noted the evolution of the relations between the European Union and Libya with interest and express the wish that this country take its due place in the partnership so that its citizens can contribute to the communal work.
Human rights situation
As was mentioned in the recommendation of the European Parliament on 11th March 1999, the human rights situation (to be understood in the sense of the rights of the human person) has deteriorated to a serious extent in the region since the conference in Barcelona. The partnership countries have not established a regional work programme for the promotion and protection of human rights, nor have they set up clear and efficient mechanisms to follow up, together with NGOs and defenders of human rights in the region, the observance of human rights in the Mediterranean area.
In this field, the participants call upon the parties in the partnership to establish a programme of work for the next two years, including the following recommendations in particular:
- The guarantee that legislation and active policy will conform with the declaration on human rights ("Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognised human rights and fundamental freedoms"), as adopted by the General Assembly of the United Nations on 9th December 1998. The participants express their deep concern regarding the "explanatory declaration" signed by 26 countries, five of which are in the Euro-Mediterranean partnership, and which contradicts the provisions detailed in the declaration on human rights.
- Explicit mention of the question of respect for human rights should be made in the agendas of the Association Councils and the inter-parliamentary forum.
- The Commission should set up an annual assessment of the observance of human rights in the 27 countries of the partnership, which would then be submitted to the European parliament and to the national parliaments of these countries.
- Before each Association Council meeting, meetings should be organised between the European parliament, the Commission and the missions of the European Union in the 27 countries of the partnership and the NGOs defending human rights so that the latter can express their views on the progress of the partnership.
- The Treaty of Rome establishing the International Criminal Court should be signed and ratified without delay – and, if necessary, national legislations should be amended as a consequence – particularly with the aim of putting an end to impunity.
- The commitment to respecting the provisions of the 1951 Geneva convention concerning the status of refugees should be solemnly reaffirmed, in particular article 33 forbidding refusal of entry.
- Programmes of education should be encouraged and reinforced and a culture of human rights should be promoted.
Promotion of inter-human exchange and the struggle against discrimination
The participants emphasise that inter-human exchange, particularly questions linked to migration, are treated incorrectly by the signing states, as the complexity and diversity of the movement of persons are not taken into account. This can be seen in the fact that the restrictions motivated by security considerations ignore the dramatic consequences of the persecutions and conflicts which weaken the region and hold up the process that has been started. The participants express their very real fear when faced with the increase of xenophobia and racial discrimination in the countries in the Mediterranean area and the seemingly banal status these topics have taken on in these countries. In this context, the participants call upon the parties in the partnership to:
- revise the legislation and regulations of the conditions for entry and residence for foreigners in the European Union, as in other countries, so that the free movement of persons can, within a short period of time, have the same status as the free movement of capital and merchandise on a long-term basis. In this respect, the participants call for the discontinuation of short-term visas and the revision of the special agreements in this area in order to withdraw any clauses which are more restrictive than common law. The participants hope that the extension of the law concerning the temporary residence of foreigners will help to build up international solidarity.
- provide both institutional and financial assistance for the development of programmes of inter-human exchange between the two sides, for supportive activities for actions increasing the standing of immigrants in local economic development and initiatives in the country of origin.
- do everything possible, in the North as in the South of the Mediterranean area, to promote the social and civil rights (by encouraging their integration in public life) as well as the economic and cultural rights of immigrants.
- hold periodic conferences concerning migration which would include governments, parliaments, local collectives and non-governmental institutions (unions, associations protecting immigrants, etc.)
- take specific measures in the member states of the European Union in favour of access to citizenship and nationality, to cancel double sentences, and treat immigrants in a both just and humane manner in irregular administrative situations.
Women's rights
In our region, women are the subject of many discriminations which are written in the national laws and reinforced by the mentality and public policies at all levels of economic, social, cultural and political life. Many countries in the partnership ratified the convention calling for the elimination of all forms of discrimination against women, but also formulated reservations which were in direct contradiction to this convention and the subject it dealt with. As victims of sexual harassment and of domestic and social violence, women are the first targets of political violence in the event of a conflict. The participants are convinced that there cannot be a democratic society without real equality between men and women and call upon the states in the partnership to:
- withdraw the reservations they made in the convention for the elimination of all forms of discrimination against women.
- adjust their national legislation (particularly criminal law) to conform with international instruments in order to guarantee real legal equality.
- draft and implement real public policies in order to correct the negative images of women at all levels (education, the media etc.).
- encourage the setting up of a Euro-Mediterranean women's network at various levels: political, economic, cultural or in the media.
Participation of civil society in the partnership's process
With the concern of contributing towards a better understanding of the action and of the place of the civil society in the Mediterranean area, the participants recommend:
- the setting up of a permanent framework for discussion with all of the forums in civil society (unions, organisations for the protection of the environment, the regional committees of the Council of Europe in the Mediterranean)
- the setting up of national authorities to follow and assess the process of the partnership in an annual report by the commissioner charged with this task. This report would be augmented by dialogues with representatives of civil society.
- the immediate establishment of dialogue with NGOs and the representative authorities of civil society in order to start preparations for the next Euro-Mediterranean summit.
- the mobilisation of adequate means with the political aim of reinforcing the civil society by:
· taking measures to encourage the European Commission to immediately release funds that it has already committed itself to granting to NGOs within the MEDA programme for democracy;
· improving access to information on the financing modalities of the NGOs through the publication, for example, of an annual report on strategic orientation and the use made of the funds allocated within the scope of the MEDA programmes;
· improved clarity of the criteria for eligibility of the NGOs and the criteria for the selection of projects;
· the simplification of financial procedures and of the procedures for case scrutinization;
· the setting up of a consulting institution in the definition, evaluation and following up of these actions.