Comments to the EDF (høring): Human Rights Agency

EDF, European Disability Forum

Rue du Commerce 39-41, 3. fl.

B-1000 Brussels, Belgium

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Den 15. december 2004

J.nr. 4244.151 [30.2.6] /LFN

EDF Draft Position on EU Fundamental/ Human Rights Agency

Hereby comments on your draft position from DSI.

The EDF position paper is a good and balanced answer to the communication from the Commission on the Fundamental Rights Agency.

The biggest problem with this public consultation document is, that the Commission does not seem to know, what the Commission itself wants or what the memberstates are presumed to agree on. There is therefore no answer to anything in the document. Many proposals seem to be possible, and at the same time much is excluded as being out of the question.

No decision-making powers are given to the agency, full respect of the Commission, no overlapping, no budget indication and no priorities and clear goals are described. It is a document of good intention, a catalogue of good ideas and nice proposals to which all of us can only say Thank You, but how shall we, the NGO's, be able to do, what the Commission apparently does not seem to be able to do at the moment.

We need more clear signals about goals, priorities, a budget and a chart of the agency and its role within the EU structure to give a valuable answer to the Commission.

The answer from DSI shall be read on this background.

According to DSI the agency shall have the overreaching goal to monitor-primarily within the EU - the human and fundamental rights of all persons, such as they are reflected not only in the EU charter of fundamental rights, but also in the Universal Human Rights Declaration and the international human rights law, especially in the 6 human rights core conventions.

The agency should in all its activities consider the living conditions of persons with disabilities. There is a need - not only in the policy making - but also and especially in the monitoring of the human rights to look at disabled people. Mainstreaming is the keyword.

Ad 1. The Agency should be able to create added-value only if the priorities of the agency are defined in such a way, that new ground in the field of fundamental and human rights is encompassed. The efficiency of the agency is going to depend on the balance between the goals chosen and the resources invested in achieving these goals.

It is a good principle not to duplicate the work of the national human rights institutes, but cooperation with the institutes in the field of analysis, data gathering and monitoring is imperative for the Agency. A lack of resources may be foreseen in the Agency, why some decentralizing will be necessary and in fact valuable.

Ad 2. A prioritization in favour of the Charter is understandable, but it should be emphazised, that all human rights instruments constitute the foundation of the Agency. In the list of prioritized topics, also the role of organizations of disabled people ought to be mentioned. It is important, that the voices of the affected always are listened to.

Ad 3. The EU should define two geographic operational areas, the EU as such and the EU viz a viz the global sphere.

Appropriate resources should be allocated for both areas but the EU should first of all take care of its own problems. If resources are too limited to cover both areas at the same time, EU problems shall be given the highest priority.

Ad 4. As the agency is not given any decision-making powers one has to give the agency so high a ranking position, that its reports become self-implementing. To achieve this goal the agency shall be:

- Be given clearly defined objectives.

- Have a staff and a leadership of the highest quality.

- The agency shall be independent, resourceful and talented.

In gathering reliable and objective data it is imperative to develop instruments that diminish the differences in the ways data is gathered, and interpreted in the member states and accession countries. It is necessary to have comparable material.

A resistance from a member state to cooperate with the Agency must be considered as an infringement of the Treaty, why the Agency must be allowed to bring such an act to the European Commission for further action.

It would be most correct to specifically mention braille as an example of an accessible format, in which the information from the Agency could be given.

Ad 5. The agency shall establish a European network in which National Institutes of Human Rights, the national Ombudsmen, Universities teaching human rights law, the national bar associations and organizations of minority groups like organizations of persons with disabilities is incorporated. Each member state shall establish such a platform serving as a national counterpart and partner of the agency.

The establishment of formalized networks between NGO's and the Agency could be one of the ways to ensure cooperation between the Agency and the civil society. Open hearings addressed to the public, by Internet discussions and chatrooms etc., could be another way.

Ad 6. It is of great importance, that all institutions working with human rights seek to inform each other and cooperate about all common matters. Therefore a formal exchange of not only information, but also personnel would strengthen and maintain the knowledge built up in each human rights body.

The Network of Independent Experts needs to be expanded with a disability expert, because of the coming convention on human rights of persons with disabilities and because disabled people is a vulnerable group. But without support and resources the Network has no future.

Ad 7. A scientific advisory group might not be the most operational structure to choose, but without Human Rights scientists of high reputation, the agency shall not gain the respect and reputation, which is absolutely needed.

The management board of the agency should consist of a small group of for instance five well-known highly respected European personalities from the legal profession with great expertise in Human and fundamental rights, minority protection, non-discrimination and equalization of opportunities.

The agency shall have a younger director, who is not only an expert in the same field as mentioned above, but who is also a dynamic leader.

The agency shall have a staff of not less than 12-15 full time employed legal experts, 3-4 journalists and communication people and a office staff needed to run such an agency. The agency shall have resources enough to employ supplementary personnel with special expertise in the area, which is the theme of each of the reports taken up that year.

The capacity of the agency shall be defined clearly in the remit of the agency and the allocated resources shall be granted accordingly. Does the EU want 3, 5 or 10 individual reports each year and how many conferences, one per report, and a yearbook as well? Or what is the level of ambitions?

The EUMC should be one separate sector within the agency.

One should perhaps start with defining, which groups should be the core issues of the agency:

- EUMC (racism and xenophobia)

- Persons with disabilities

- Children

- Women

- Migrant workers and their families

- Religious minorities

- Linguistic minorities

and so on.

If such a description is made, one can always afterwards generalize the description and leave out, what should not be included.

If there are any questions, please do not hesitate to contact Charlotte Gunnarsen e-mail: cg@handicap.dk.

Best regards

Stig Langvad

Chairperson

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