Human Rights in the ACP-EU Development Cooperation - Their Integration and How to Defend Them

Abstract: The development cooperation between the ACP (African, Caribbean, Pacific) Countries and the European Union (The European Community and its Member States) has evolved during a period of about 45 years. The first stumbling steps were directed towards advanced trade but later on other important factors came into play. The trend today is towards deepened discussions in a number of areas, such as human rights. The Cotonou agreement was signed on 23 June 2000. It is a far-reaching arrangement with consequences for individuals in at least three parts of the world. Article 9 in the Cotonou agreement sets out essential and fundamental elements for the ACP-EU development cooperation. The three essential elements are respect for human rights, democratic principles and the rule of law. All the essential elements are of importance to the individual. Violation of an essential element can bring appropriate measures to the fore. Good governance was proposed by the EU as a fourth essential element during the negotiation talks that resulted in the Cotonou agreement. The term was at first rejected by the ACP Countries but finally got its place as a fundamental element. The meaning of good governance is unclear, as well as its place in the political dialogue. Human rights can be integrated into the ACP-EU development cooperation through positive and/or negative conditionality. Positive actions are flexible and fit together with a decentralised approach to cooperation. In the past, negative measures have proved ineffective and of questionable value. A new arsenal of so-called ''smart sanctions'' might hold something good for the individual. The institutions and agents of the European Union have to answer to the European Court of Justice and the European Ombudsman in their conduct of development programmes. The European Union has to see to it that human rights are respected, not only in ACP Countries but also in its development policy. Human rights are best defended by interaction between individuals and the authorities. It should be made possible for individuals to exert even more influence on the ACP-EU development cooperation.