STATEMENT
of The Russian NGO Initiative for the Dialogue with the European Union on Human Rights
HUMAN RIGHTS AND THE RULE OF LAW MUST BECOME A TOP PRIORITY
FOR COOPERATION BETWEEN RUSSIA AND THE EUROPEAN UNION
Moscow, 27 June 2008 – Today’s Russia-EU summit in Khanty-Mansiisk marks the official start of talks over a new agreement on cooperation between Russia and the European Union. The start of negotiations gives both sides the opportunity to ascend to a new level of partnership and cooperation for the benefit of their nations and of Europe as a whole. We assert that this goal will be successfully reached only if human rights become a top priority for cooperation between Russia and the European Union, and if this approach is reflected in the new agreement.
The current agreement was adopted during a different era, in the middle of the 1990s. This agreement clearly does not reflect current realities or address the needs of either side, and is in need of serious changes. At the time of its adoption, there were great expectations for our country’s progress in the areas of democracy development and human rights. It was assumed that it would be enough to designate these areas in the agreement’s preamble as an ideological basis for our relations and as “shared values” of Russia and the EU. In contrast with this introductory declaration, the main contents of the agreement, which define practical areas of cooperation (such as economic cooperation, trade, issues of military security, borders, and combating terrorism and crime) are described in detail in individual chapters and in the so-called “spaces” of the agreement. It is not surprising that these issues, including problems of energy security, are currently the main areas of cooperation between the two sides and head the agenda at summits and other meetings.
Much has changed in the last ten-odd years, both in Russia and in the European Union. The sociopolitical processes taking place on the European continent and across the whole world have dramatically demonstrated that states and their citizens can successfully develop, live in peace and security, and respond to global challenges only when they rely on the principle of rule of law, observance of fundamental human rights, and functioning of stable democratic institutions. When adherence to these principles fails, serious threats to stability, welfare and human security emerge. Today, the system of international law and international organizations is being seriously tested in the course of the struggle against terror and the resolution of regional conflicts. We note with concern the erosion of human rights taking place at the national level, including in a number of countries on the European continent.
Naturally, we are mostly concerned about the situation in our own country. In recent years, we have observed in Russia a significant departure from the principles of rule of law, a disturbing growth in violations of fundamental civil, political, social, and economic human rights, politically motivated judicial convictions, the systemic weakening and even destruction of democratic institutions, a dramatic decrease in transparency and accountability of organs of power to the public, and vulnerability of citizens to arbitrary rule and corruption. This has an extremely negative impact on the quality of governance, the government’s ability to carry out its functions, and on the very lives of Russians: their freedom, their dignity, and their welfare. Changing this situation is foremost in the interest of Russia itself and of its citizens. Awareness of the necessity of working to restore the rule of law and democratic institutions in our country is becoming more and more apparent, both within society and among those in power.
From global experience, we know of many examples of how the commitment to human rights has a positive influence on the creation of an atmosphere of international security, genuine trust, and cooperation between governments. History—European history in particular—teaches that attempts to ignore the situation of human rights while concentrating exclusively on issues of economics and security, often leads to the rise of aggressive, despotic regimes that reject the principles of democracy, use the language of threats, and bring their own and other peoples to crisis and catastrophe.
Considering the lessons of the past and the experience of the present, we believe that the problems of human rights, rule of law, and democratic institutions should occupy a key position in the dialogue and cooperation between Russia and the EU. Both sides should be interested in frank dialogue and effective, practical cooperation on these issues. Lofty rhetoric and mutual incriminations on the principle of “an eye for an eye” neither is what our nations deserve nor is what they expect from their representatives.
We believe that issues of human rights, rule of law, and democratic institutions do not currently occupy an adequate place in the EU-Russia dialogue. The limited, declarative approach to these areas displayed in the currently active agreement directly determines the substance and quality of dialogue on human rights. On the intergovernmental level, this dialogue is implemented mainly in the framework of regular Russia-EU human rights consultations. These consultations have been already been taking place for around three years and have proved to have little effect on the human rights situation. At the same time, when these issues have been raised at Russia-EU summits and at meetings of Foreign Ministers (either behind closed doors or publicly), this has most often had only a symbolic nature and has led to nothing other than the trading of blame. The resulting outcomes, as a rule, are either moot or even negative. In the absence of an effective mechanism stipulated by treaty obligations on the topics of human rights and rule of law, it seems it could not be otherwise.
In accordance with the democratic values and principles, which lay at the basis of international agreements ratified both by the countries of the European Union and by the Russian Federation, the observance of human rights and fundamental freedoms is not considered the internal affairs of any state. It is rather a subject of legitimate concern for all countries and a topic for their dialogue with one other directly and within the framework of international institutions. References to national sovereignty on issues of the observance of international legal obligations in the area of human rights cannot be considered valid for anyone. This means that both the EU and Russia have absolutely legitimate grounds for including problems of human rights and rule of law in the set of issues of mutual interest, alongside issues of economics and security. Moreover, there is an obvious set of issues for which there are already excellent prospects for practical cooperation for mutual benefit – for example, combating xenophobia and racism, protection of persons belonging to discriminated minorities, judicial reform, training and retraining of law enforcement personnel, humanization of the penitentiary system, ensuring the freedom of assembly and association, etc. This also applies to joint actions on the international level, for example, the reform of the European Court of Human Rights and the strengthening of the UN human rights bodies.
The preparation of a new basic agreement creates opportunities for correcting the situation. On behalf of our organizations, which constitute a part of Russian and international civil society, we appeal to the leadership of Russia and the European Union with an urgent request that they strive to include in the new agreement on cooperation between Russia and the EU a separate chapter on human rights and rule of law, which would not only state principles and areas for dialogue and cooperation in the realm of human rights, but would also specify mechanisms of mutual control of their fulfillment. It is necessary that this position be clearly and publicly articulated from the very beginning of preparations for the treaty. The specific language in the agreement is a matter for the work of specialists, but it is important now to give a general framework and to support it with political will.
On our own part, we are prepared to make our contribution to the specific wording of such a section of the new agreement and to present our proposals. We consider it extremely important that the process of discussing a draft of the new agreement not be limited to work by diplomats and experts, but that it be made open and include citizens and civic organizations.
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For additional information please contact:
- Yuri Dzhibladze, Center for the Development of Democracy and Human Rights, dzhib@yandex.ru
- Oleg Orlov, Human Rights Center “Memorial,” orlov2@memo.ru
- Lev Ponomarev, All-Russian Movement “For Human Rights,” zpch@zaprava.ru
- Alexander Verkhovsky, “Sova” Center Information and Analysis, averh@sova-center.ru
Members of The Russian NGO Initiative for the Dialogue with the European Union on Human Rights:
Human Rights Center “Memorial”
The Center for the Development of Democracy and Human Rights
The “Demos” Center
“Sova” Center Information and Analysis
All-Russian Movement “For Human Rights”
Moscow Helsinki Group
“Public Verdict” Foundation
“Civic Assistance” Committee
Glasnost Defense Foundation
International Society “Memorial”
Union of Soldiers’ Mothers Committees of Russia
Interregional Committee Against Torture
Foundation for the Support of Tolerance
Chechen Committee of National Salvation
Association for the Defense of Voters’ Rights “Voice”
International Youth Human Rights Movement
“The Right of the Child” NGO