Tangled Webs of Security and Freedom. Case Study on EU and Human Rights inCounterterrorism at the UN

mgr Jakub Jaraczewski, AMU

AHRI Conference, Copenhagen 28.09.2014

• Deliverable “Report on the analysis and critical assessment of EU

engagement in UN bodies”

• Partners involved: AMU, KU Leuven, PHRC, CUPL, ISIL

• Delivery: due November 2014

• Assessment of EU activity at the UN human rights fora

• Areas of concern: UNGA, UNSC, HRC, UPR, ILO

• Case studies on particular aspects of EU performance

• 26-27 Sept. Poznan Workshop

Context – FP7-FRAME Project

• Common conculsion: EU strong on civil and political

rights, weak on ESC rights at the UN?

• EctHR rulings: Al Nashiri v. Poland, Husayn (Abu

Zubaydah) v. Poland

• The rise of ISIS – Global War on Terror, part deux?

EU, UN, Human Rights, Counterterrorism – why now?

The Problem With Researching EU at the UN ….

• EU – counter-terrorism and human rights in CFSP,

CSDP, AFSJ, „countless committees” (Keohane 2005)

• The internal/external divide

• Within the UN – pre-Lisbon environment with rotating

Presidency and dualist Commission/Council delegations

• COHOM as the silver thread of EU human rights activity

at the UN

EU and UN – a maze meets a labyrinth

• Terrorism within the UNSC realm – 1267 Committee

• Human Rights areas – UNGA (resolutions on human

rights and terrorism since 1993, CHR, treaty bodies,

OHCHR)

• Other misc. Areas (UNDOC)

EU and UN – a maze meets a labyrinth II

• UNSC Resolution 1373/2001, Counter-Terrorism Committee

• Narrative taken over by the U.S.-led „Global War on Terror”

• UNSC Resolution 1456/2003 (first reference to human rights)

• Proliferation of counter-terrorism bodies (CTED 2004; CTITF

2005)

• UN Human Rights system in a deepening crisis, OHCHR role

Developments UN I

• Special Rapporteur on Terrorism – 13 country visits, 1 to an

EU Member State (Spain)

• UN Human Rights system reform, introduction of HRC and

UPR

• UNGA (and HRC) resolutions on human rights and terrorism –

gradually stronger, yet still relatively weak

• 2006 UN Counter-Terrorism Strategy – human rights restored

as a cornerstone of UN counter-terrorism activities

Developments UN II

• EU cooperation with UN counter-terrorism venues

• Political cooperation, coordination of technical assistance,

definition of terrorism, sanctions

• Human rights largely absent from the dialogue

• Detailed analysis – see Wouters, Duquet (2013)

• EU Counter-Terrorism Coordinator (CTC)

Developments EU

• The long-awaited clash: EU and UN legal systems collide

in Kadi cases

• Concern for fundamental rights or question of legal

system hierarchy?

• Impact – decisions of EU courts provoke changes in the

UNSC sanction system

Mutual Influence of Mulitlateralisms I

• 2008 – Human Rights in prevention of terrorism for the

first time an EU priority for the UNGA

• Lisbon reform – EEAS, streamlining of EU coordination

mechanism in Geneva and NY

• 2012 Strategic Framework and Action Plan

Mutual Influence of Mulitlateralisms II

Human rights in all EU external policies

The EU will promote human rights in all areas of its external action without

exception. In particular, it will integrate the promotion of human rights into trade,

investment, technology and telecommunications, Internet, energy,

environmental, corporate social responsibility and development policy as well as

into Common Security and Defence Policy and the external dimensions of

employment and social policy and the area of freedom, security and justice,

including counter-terrorism policy. In the area of development cooperation, a

human rights based approach will be used to ensure that the EU strengthens its

efforts to assist partner countries in implementing their international human

rights obligations.

Human Rights and Counter-Terrorism in Strategic Framework/Action Plan

Human Rights and Counter-Terrorism in Strategic Framework/Action Plan

• Internal-External incoherency invites the double standards argument

• EU actions to promote human rights in counterterrorism jeopardized by lack

of action on:

o Extraordinary rendition

o Privacy concerns

o Use of immigration law for counter-terrorism

o Fair trail concerns

• De Burca (2011): One of the three biggest double standards of the EU

The Critical Issues

• External/External Incoherency

• Multitude of points where EU and UN interact – need for

mainstreaming and streamlining human rights in c.t.

• EU's apparent reluctance to challenge powerful human rights

violators

• Consequent support for human rights in c.t. resolutions yet little

attempts to boost their strength

The Critical Issues, cont.

• Light coordination approach to non-EU states, no coordination of EU-

EU interaction

❑ Death Penalty: 809 EU recommendations (57% total)

❑ Freedom of Expression: 469 recommendations (50%)

❑ Counter-terrorism: 36 EU recommendations (26%)

• EU-EU recommendations on c.t.: 5 (10%)

• EU recommendations on c.t.: United States (0), Saudi Arabia

(0)

Example - UPR

Consequences?

• Established in 2011 thanks to a $10m donation from Saudi Arabia –

additional donations of ca. $100m in 2013 and 2014

• In theory, subordinated under UNCTITF, in practice largely

independent

• Advisory Board: Saudi Arabia (Chair), USA and Russia (members),

EU (Guest Member)

UN Counter-Terrorism Centre (UNCTCC)

• Streamlining the EU counter-terrorism policies and ensuring human-

rights based approach

• Proactivity in bolstering the UN counter-terrorism system and

ensuring its credibility

• Taking the opportunity to utilize the peer review mechanism

Moving Forward