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Section 4. Political science
https://doi.org/10.29013/ESR-20-11.12-24-30
Sultanova Nigar Tahir, PhD, candidate at the Academy of Public Administration under the President of the Republic of Azerbaijan E-mail: nigar.t.sultanova@gmail.com
THE ROLE OF EU SPECIAL REPRESENTATIVES IN EUROPEAN FOREIGN POLICY: REVIEW OF EUSR FOR HUMAN RIGHTS
Abstract. The post of EU Special Representatives (EUSR) was established in the 1996 and since then it has become an important instrument of EU foreign policy. EUSR for human rights evolved from the post of a Personal Representative for Human Rights in the area of the Common Foreign and Security Policy (CFSP). In order for EU's human rights policy to boost its coherence and effectiveness the office of the EUSR for Human Rights was established in 2012. The appointment of this first thematic EUSR followed the adoption of the EU Strategic Framework and Action Plan on Human Rights and Democracy. Rather broad mandate of EUSR for Human Rights is aimed at enhancing the effectiveness and visibility of EU human rights policy. The article reflects over busy agenda of special representative for human rights, their contribution to the promotion ofEU human rights policy and coordination with other international organizations and third countries.
Keywords: EU foreign policy, Special Representatives, Human Rights.
Introduction based in Brussels and visit periodically the coun-
The post of EU Special Representatives (EUSR) tries of their mandate. was established in the 1990 s (the first EUSRs were The Lisbon Treaty introduced a lot of significant deployed in 1996) which reflected the EU>s long- changes into the conduct of European foreign policy. term involvement in conflict resolution in differ- The position of EUSR have been retained as an im-ent regions (particularly in Central Africa and the portant foreign policy tool. The article will analyze Middle East). The main task of EUSRs was initially the role of this diplomatic instrument in the imple-limited to collecting information on the situation mentation of the Union's foreign policy with a parin the conflict zone. Establishing its approach to ticular focus on the first thematic one - EUSR for the certain country or region EU relied on the infor- Human Rights, which is tasked to enhance the EU>s mation received from EUSR. Today EUSRs work human rights profile worldwide. Human rights issue in different regions and countries such as, Central is becoming even more important today and Member Asia, Middle East, Afghanistan, Bosnia and Herze- States seek to put more efforts to combat violations of govina, Kosovo, the South Caucasus and Georgia, international law and impunity for crimes. The article the Horn of Africa and the Sahel. Most of them are firstly introduces the history of the establishment of
the EUSR. Next, mandates and the appointment procedures of the EUSRs are being presented. The following part analyses the EUSR for human rights in light of activities of the two envoys for human rights, their contribution to the promotion of EU human rights policy and coordination with other international organizations and third countries.
Historical overview
EUSRs have operated under the responsibility of the Council since 1996. In the initial years when EUSRs were first introduced, their main task was to obtain information and assist EU develop a common policy towards a country/region. [4, p.141] Eventually, this tool has proved to be efficient for coordinating the missions on the ground. The Lisbon Treaty (also known as a Reform Treaty) signed in 2007 became part of EU law and introduced an institutional reform with prominent changes. In the field of foreign relations, the Treaty merged some departments ofthe Commission and former parts of the Council Secretariat in order to establish the new mechanism European External Action Service (EEAS). The Treaty also created the "double-hatted" post of High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission (HR/VP). Since 1999 EUSRs report to the HR/ VP. The institutional mechanism evolved over years to guarantee flexibility in the exercise of EUSRs' functions: EUSRs also closely cooperate with EEAS and its Delegations on the ground, the Council and its Political and Security Committee (PSC).
EUSRs are sometimes considered as an obsolete instrument in the EU's foreign policy system. Institutional confusion over the unclear position of EUSRs in EU foreign policy system led to many conflicts. For instance, HR/VP baroness Catherine Ashton considered anomalous the status of the EUSR and decided to abolish several posts. This decision was received negatively by many as destructive for the effectiveness of the conflict management policy of the Union [12, p. 94-95]. Interestingly enough, in light of vague responsibilities of EUSRs and budgetary
considerations, the Parliament went as far as calling to integrate them fully into the EEAS [11, p. 173-4]. To the contrast of scholars that doubt the effectiveness ofwork of EUSRs (especially considering scarce resources they have at their disposal), EUSRs are being valued by others mainly for their field-level interaction and flexibility in times of crisis management diplomacy. The supporters of EUSRs argue that EU delegations will not have resources and expertise to focus on a given issue. Nor will local and regional actors agree dealing with EU Delegation representatives in the same way in which they dealt with EU-SRs (usually acknowledged for their proficiency in the given area).
As for the EUSR for human rights specifically, the history of this post goes back to the establishment of a Personal Representative for Human Rights in the area of the CFSP. The personal Representative served as an advisor to the EU HR/VP (Mr. Javier Solana) and by interactions with the various EU actors sought to promote mainstreaming of human rights into all aspects of EU policies with a particular focus on integrating the human rights into crisis management operations and missions of the EU. EUSR for human rights was created to replace the post of Personal Representative.
Appointment, mandate, financing and tasks of EUSRs
EUSR are EU emissaries with specific tasks in troubled regions and countries. While the EU delegations oversee affairs with a single country, EUSRs operate in conflict areas or on specific issues. EUSRs are be appointed to countries, regions or for thematic issues. Usually, these special envoys are diplomats with previous experience in EU institutions, international organizations, or in national politics of member states. The appointment of the EUSRs (especially with regards to the mandate areas) is very sensitive and quite often controversial issue between the Member States and the Council seeks to balance between these interests. As per Article 33 of the TEU 'the Council may, on a proposal from the HR/VP,
appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the HR/VP [3].
All the expenses of the special envoys are controlled by the Service for Foreign Policy Instruments (FPI) which is a Directorate-General of the European Commission. EUSRs have a large degree of autonomy in the allocation of their budgets, which makes them more flexible tool for mediation and resolution of conflicts. So, based on the Council's decision EUSRs finance their expenses with regards to the office, staff, equipment, and the operational costs. Their mandates vary significantly which influences the size of the allocated budgets. If the mandate is extended, the EUSR receives new funds for the corresponding period. Interested EU Member States may also offer to send their own staff as members of the EUSR team. Even though the Lisbon Treaty has given the HR/VP a certain level of involvement in the appointment of special envoys, the overall picture in recent years shows that if a group of Member States insists on a certain candidate to a given region, the HR/VP is not in a position to resist decisively.
EUSRs build relationships with different parties on the ground, local political leaders and are considered to be part of the public perception of the EU in the areas of their mandates. Today EU with the instrument of EUSRs covers Bosnia and Herzegovina, Central Asia, Horn ofAfrica, Human Rights, Kosovo, Middle East Peace Process, Sahel and South Caucasus and the crisis in Georgia, Belgrade-Pristina Dialogue and other Western Balkan regional issues. In response to changing situation on international arena EU may consider increasing or decreasing the number of mandates. For instance, in 2019 European Parliament called for appointing EUSR for Ukraine [10].
While representative tasks are entrusted to the heads of EU delegations, EUSRs functions are mainly gathering information and being a mediator in the conflict zone/thematic area. Depending on the objectives of the EU each mandate of EUSR has its specific
focus: regional cooperation, conflict prevention, crisis management etc. However, there are also common responsibilities for all EUSRs regardless of the mandate. First, the special representatives are seen as the "eyes and ears" of a united Europe in the area of their mandate. The information transmitted by EUSRs is especially important for those Member States that do not have a wide network of diplomatic agencies abroad. This significantly contributes to the drafting the strategies of EU in the given area. For being a flexible instrument to be deployed on the given ground, EUSRs have broad travel resources. Also, EUSRs seek to raise and strengthen the visibility and better understanding ofEU foreign policy in the world and contribute to an efficient coordination ofrelevant EU activities. This is vital not only with regards to active engagement with other EU institutions but also other international organizations, regional and local actors. Another key function of the EUSRs is mediation in the peaceful settlement of conflicts. If there is an EU mission operating in the region, EUSR becomes member of the team. They prepare reports for the PSC.
EU human rights policy actors: EUSR for the Human Rights
Human rights engagement at different levels (both positive engagement and critical positioning vis-à-vis problematic situations) is being main-streamed into all EU policies by protecting the fundamental human rights for its own citizens and promoting human rights worldwide. EU seeks to develop bilateral partnerships with third countries (China, India, the United States etc.), as well as through regional partnerships (Enlargement Policy, the European Neighbourhood Policy etc.), and also with international (UN) and regional organisations (European-based such as Council of Europe, the OSCE and non-European ones such as African Union, the Arab League, the Organisation of Islamic Cooperation, etc.). EU also seeks to establish cooperation with non-state actors such as businesses, civil society, NGOs and individual human rights defenders. Being a strong conditionally mechanism
human rights issue is regularly included in political dialogues with third countries or regional organisations (EU conducts human rights dialogues (with different objectives and formats) with more than 40 non-EU countries).
Human rights policies are financed by different financial instruments such as the European Instrument for Democracy and Human Rights (EIDHR), the Development Cooperation Instrument (DCI), the Instrument contributing to Stability and Peace (IcSP), the European Neighbourhood Instrument (ENI) and the European Development Fund (EDF) etc. Human rights is a cross-cutting issue that EU mainstreams across all policy fields and due to that different actors on multiple levels are relevant for ensuring and implementing successful EU human rights policy. Along with EUSR for Human Rights there are various relevant Union institutions and bodies that implement the human rights policy of the EU on horizontal (the European Council, the Council, the European Parliament, the Commission, the Court of Justice of the EU, HR/VP, the EU Agency for Fundamental Rights (FRA.), the EEAS and EU delegations) and vertical level (between the EU and the Member States).
Respect for human rights is incorporated in every aspect of the functioning of the EU. Relevant clauses and provisions are written down in the treaties, strategic frameworks, action plans, and other documents. It has been on many occasions underlined that human rights are not European but rather universal rights and should never be compromised. By supporting the idea of establishing a mandate of EUSR for human rights Member States underlined their interest in strengthening support for international humanitarian law and international justice. In response to alarming human rights violations in the world, various NGOs, such as Human Rights Watch, Women's Initiatives for Gender Justice, the International Federation for Human Rights and others called the EU to create a special instrument in charge of international justice and international humanitarian law that would enhance vis-
ibility as well as consistent and coordinated action in mentioned areas [1].
His appointment followed the adoption of the EU Strategic Framework which outlined main principles, priorities and objectives to improve the effectiveness and consistency of EU policy both with EU Member States as well as Union's institutions. Also, Action Plans on Human Rights and Democracy (2012-2014, 2015-2019 and 2020-2024)set out certain principles to keep EU accountable of its performance in the area of human rights and democracy and hence assess its impact. EUSR for Human Rights guides the dynamic implementation of the these Plans in order to deliver sustainable progress. Rather general mandate of EUSR for Human Rights is aimed at enhancing the effectiveness and visibility of EU human rights policy. But his human and financial resources are limited. He also requires support from the HR/VP and Member States on certain issues. Criticism for the efficacy of the post sometimes overlaps with the disapproval of EU's human rights policy in general for being too reserved ('quiet diplomacy') in its human rights rhetoric [9]. The EUSR adapts to given geopolitical situation based on the intentional flexibility of his mandate. The candidate must have an international reputation and extensive experience in the field of human rights.
EU Parliament prepared a recommendation and outlined the main areas of EU human right policy to be covered by the mandate of EUSR, which include strengthening democracy, international justice, humanitarian law, abolition of the death penalty, freedom of expression, gender issues and children and armed conflict [5]. The recommendation also suggests that EUSR engages with the UN, chairs high-level bilateral, regional and international dialogues on human rights issues. One of the recent examples of the cooperation with UN is an initiative 'Building Quality Lives through Economic, Social and Cultural Rights' hosted in the margins of the UN General Assembly with the participation of UN High Commissioner Michelle Bachelet, EU High Representative Federica Mogh-
erini and other high level officials from International Human Rights fora. Participants commit to improve their human rights record and seek to share with others their own best experiences [8].
First and second EUSRs for Human Rights
The office of the EUSR for Human Rights was established by Council Decision 2012/440/CFSP of 25 July 2012 and Mr. Stavros Lambrinidis, former Minister for Foreign Affairs of Greece became first Special Representative appointed to this post. S. Lambrinidis was widely welcomed for his political experience, enthusiasm and particularly for expert knowledge of human rights. He set to ensure close work and coordination of all players within and outside the EU. However different human right policies of Member States and different position of EU institutions on a given human rights issue sometimes challenged this envisaged cooperation.
S. Lambrinidis focused first on the countries -biggest violators of human rights. Other areas of his particular interest were improving women rights around the world, dealing with the freedom of religion, freedom of speech etc. During his mandate he frequently met with governments, civil society, head of the military, religious leaders in different countries around the world (China, Cuba, Indonesia, South Africa, Russia, Belarus etc.). EUSR was actively involved in tackling human rights crisis in Myanmar with regards to ethnic and religious minorities (Ro-hingya crisis) where on human rights grounds different sanctions were introduced (www.sanctionsmap. eu). Later, in response to positive changes they were partly lifted (with the exception of the arms embargo and the embargo on equipment which might be used for internal repression).
At the opening of the General Assembly of the EU-Russia Civil Society Forum in 2012, Lambrini-dis outlined nine principles essential for the protection and promotion of human and fundamental rights highlighting the bottom line in the conclusion: some countries are clearly better (or worse) in the protection of human and fundamental rights [6].
Speaking about the limitations of the international human rights system, S. Lambrinidis underlined tendency to regionalize, relativize and politicize human rights and inability of governments to avail the expertise and support from civil society. Later, he focused more on positive narratives, on countries and organizations that can create a coalition of good human rights stories. His central focus was placed on identifying, sharing and publicizing positive examples to inspire and create "cross-regional alliances on human rights". In 2018 he launched in New York the "Good Human Right Stories" with the EU and 13 non EU countries.
S. Lambrinidis launched the first formal sectoral dialogue on human rights and governance between the EU and Ethiopia with a special focus on rule of law, economic and social rights and human rights in the context of migration. The new EU action plan on human rights and democracy, "Keeping human rights at the heart of the EU agenda" adopted by the Council praised the important contribution of S. Lambrinidis to the effectiveness, coherence and visibility of EU human rights policy and reiterated its full political support for his work [7]. He linked the EU promotion of human rights worldwide with the six 'E's: empower the state institutions, courts, civil society organisations, media and activists who fight for rights in their own countries (EU doesn't impose but rather keeps an eye on local human rights defenders and those who wish to silence them); encourage foreign governments to see the human value and interest of defending human rights (EU seeks to achieve it mostly by means of persuasion; engage even with governments that are guilty of human rights violations; enlarge the defence of human rights by reaching out to local governments and regional organisations (African Union, the Arab League, the Organization of Islamic Cooperation, etc.); enforce human right; embody human rights at home and to ensure consistency across is actions and actors [2].
Eamon Gilmore, former Deputy Prime Minister and Minister of Foreign Affairs of Ireland, took up his
duties on 1 March 2019. E. Gilmore has involved in multiple human rights dialogues with countries like Myanmar, Bangladesh, Ethiopia, and Eritrea. Also, he seeks to establish a dialogue on social media and labor rights with countries of the Persian Gulf and Middle East. Special Representative also reaffirmed the EU's support for the "rules-based international order and effective multilateralism" and with respect to upholding human rights in certain areas such as human trafficking, and migration he outlined regional mechanisms as very important and effective ones. E. Gilmore reiterated on various occasions the importance of developing new synergies with the Bureau of the European Commission against Racism and Intolerance (ECRI) in a spirit of complementarity. E. Gilmore also had different dialogues on human rights priorities and opportunities for transatlantic cooperation. The EU is aimed at promoting complementarity with the UN, to contribute into an establishment of an effective international system. In February 2020 Special Representative presented two regional and two thematic initiatives in UN Human Rights Council: on the dire human rights situation in the Democratic People's Republic of Korea, on the situation of human rights of Rohingya Muslims and other minorities in Myanmar as well as on freedom of religion or belief, and on the rights of the child. Along with those initiatives Gilmore voiced the EU's strong concern over the human rights situation in Syria, Libya, China, Crimea and the city ofSevastopol, the occupied Palestinian territory, and Yemen. [13] Along with all mentioned regions, EU also remains committed to constructive cooperation with all countries in order to promote and protect human rights.
Conclusion
Overall EUSR instrument is considered a valuable foreign policy instrument. Key added values of this instrument are flexibility and diversity of their mandate areas. Despite pessimistic opinions that EUSRs will be gradually removed, they continue to play vital role in EU foreign and security policy. The added value of the EUSRs is the reason why they have been retained as a foreign policy tool. It goes without saying that EUSRs contribute to shaping the EU's international image. This tool complements existing institutions and tools, and develops strong network between the different actors. The broad mandate of EUSRs is aimed at increasing the visibility of the EU in the region and contributing to the unity, consistency and effectiveness of the EU policies.
In order for EU's human rights policy to boost its coherence and effectiveness in line with spirit of Lisbon Treaty a post of Special Representative for human rights was established. EU seeks to keep in mind human rights issue when dealing with all types of foreign policy issues. The broad mandate of EUSR for human rights enables him to put all possible efforts not only to enhance the visibility of the EU's human rights policy but also to integrate it more with other policies. It has been mentioned that the EUSR for human rights has a broad mandate and limited resources. Whilst its mandate should be retained flexible there is a need for the EU as well as for Member States to provide adequate human and financial resources for him to implement such a vital mandate. Also to benefit as much as possible from the expanded mandate political backing at different levels is required.
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