Contribution Details
The Respect of Human Rights and the Protection of Minorities
in the context of the enlargement of the European Union
Speech by Ramiro Cibrián
Head of Delegation of the European Commission to the Czech Republic
Prague, 9th May 2000
Ladies and gentlemen,
It is a great pleasure to open this panel discussion on "the protection of minorities in Europe" organised by the international initiative for human rights and tolerance, Globea, in co-operation with the EU Information Centre, the Jean Monnet Centre of European Studies at the Charles University, the Multicultural Centre in Prague and other organisations. This event also takes place in the framework of the celebrations of the Europe Day in Prague.
I would like to use this opportunity to reflect on the attention which the European Union pays to the respect of human rights and the protection of minorities in the applicant countries. Let me first start with a very brief overview of the legal basis for the EU human rights policy.
- The EU is committed to the respect and the promotion of the universal principles set out in the Universal Declaration on Human Rights, complemented by the International Covenant on civil and political rights and economic, social and cultural rights. Its activities are also based on the commitments engendered by the main international and regional instruments for the protection of Human Rights. These instruments enshrine common values regarding fundamental freedoms and democratic principles which are universal, indivisible and interdependent.
- More specifically, Article F of the Treaty of the European Union
states that:
The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (...) as general principles of Community law. - Moreover, the Treaty of Amsterdam, which entered into force
in May 1999, reaffirms that the European Union :
"is founded on the principles of liberty and democracy, respect for human rights and fundamental freedoms and the rule of law"
Having summarised the fundamental legal basis of the EU human rights policy, it is time to turn to the question of the Czech Republic's EU accession.
- As you know, the Czech Republic has fixed itself a target date for
accession to the European Union. By this date the Czech Republic will
have to accept and implement the entirety of the so-called acquis
communautaire, the legal basis of the European Union. The criteria for
membership in the European Union were set up at the Copenhagen Council
in 1993. One of the criteria is :
"the existence of stable institutions, guaranteeing democracy, the rule of law, human rights and respect for and equal rights of all the members of society, in particular of minorities". - This criteria for accession simply reflects the above mentioned Article F of the Treaty of the European Union. The European Commission, thus, needs to take into account the protection of human rights in its relations with the Czech Republic, and the other applicant countries, who will one day, as Member States, have to implement the provisions of the Treaties.
- While agreeing that the Czech Republic "presents the characteristics of a democracy, with stable institutions" the Opinion on the Czech application for accession, and the Regular Report, which was released in October 1999, highlighted the need to work further on this question, particularly as regards the improvement of the situation of the Roma minority.
- I would like to make it clear that the Commission does not simply criticise from the sidelines, but we have been working actively with the Government and, importantly, with NGOs for some time to enhance the development of democratic institutions in the Czech Republic.
- "Civil society" is a hollow phrase without the support and the participation of ordinary people as expressed through their non-governmental associations and organisations. The EU, thus, recognises the importance of the contributions made by non-governmental organisations, as well as regional and international organisations, to implement human rights.
- Since 1992 a special Phare programme for democracy has provided significant funding to NGOs in the Czech Republic working in all areas of society. In the future, the support provided by the Phare programme will be more oriented towards NGOs and the Government institutions working in the area of minority rights, particularly with the Roma community.
- I would now not like to pause on the phrase, "the rule of law", which is the criterion under which the protection of minorities is ensured as this is probably the single most important criterion for any country hoping to join the European Union.
- The European Union functions on the basis of respect by its members of the rule of law. It has its own judicial system, based on the Court of Justice, designed to uphold the law. In this respect, I would refer to a ruling of the Constitutional Court of the Czech Republic, which, as far as I understand, implied that, in order to be effective, justice must not only be available through the existence of a judicial system, but it must also be delivered to the citizens by a system that can guarantee timely settlement.
- This requires a judiciary that is not overloaded with a huge backlog of cases ; that is not inexperienced, or understaffed ; and that has sufficient training. This is not yet the case in the Czech Republic, and the Commission has pointed this out in its Regular Report. Most importantly, the Commission supports the ongoing reform of the judiciary and hope that it bring about the necessary changes.
If I can leave you with one point, which sums up my brief remarks, and which may be useful in further discussion, it is that respect of human rights and the protection of minorities is an integral part of the larger question of the rule of law. They cannot be treated separately, and discussion of one, implies discussion of the other.
Thank you very much for your attention.
