From cshaw at qcea.org Thu Feb 28 08:12:25 2008 From: cshaw at qcea.org (Calum Shaw) Date: Thu, 28 Feb 2008 09:12:25 +0100 Subject: [QCEA] January-February QCEA email update Message-ID: <000901c879e1$a6e299d0$0afea8c0@Qdesktop2> January-February QCEA Update Welcome to the Latest bimonthly E-Mail update from the Quaker Council for European Affairs (QCEA) Contents: 1. ?One tiny step - in the right direction? by Lucas Guttenberg 2. New Arrivals 2.1 ?Sara Joins QCEA? by Sara Erlandsson 2.2 ?Calum Joins QCEA? by Calum Shaw 3. ?Money, Money, Money? by Martina Weitsch 4. ?Building a value based EU budget for the future? by Sara Erlandsson 5. ?Opening up the miracle of the European Parliament? by Lucas Guttenberg 6. Feedback on QCEA Briefing Papers 7. New editions of Around Europe now online 8. European Peace Directory online 9. Contact QCEA 10. Subscribe/Unsubscribe Information 1. One tiny step ? in the right direction How is the EU Charter of Fundamental Rights different from the European Convention on Human Rights? On 19 October 2007 the Informal Summit in Lisbon agreed on the new EU Reform Treaty. One important part, the Charter of Fundamental Rights, drawn up by the first European Convention 1999/2000 and signed and published by the European institutions on 7 December 2000, becomes part of Community law and legally binding immediately in all Member States except the UK and Poland, where the previous government insisted on an opt-out . The new Polish government has announced that this opt-out will remain. It therefore seems worth looking at how this decision will ? after successful ratification of the Reform Treaty ? influence the human rights protection of European citizens. The current basis for the present human rights protection in Europe is the Council of Europe?s European Convention on Human Rights (ECHR) which has been ratified by ? amongst others - all EU Member States and whose correct application is under the jurisdiction of the European Court of Human Rights in Strasbourg (the Court). The ECHR is thus the basis for the Charter which, in Article 52 says expressly that ?the meaning and scope of those rights shall be the same as those laid down by the said Convention?[1], so that the protection provided by the Charter should not be weaker than that provided by the Convention. In other words, the Charter cannot be weaker than the Convention by definition. More difficult to answer is the question whether the Charter is strengthens human rights in the EU, either by expanding the provisions of the Charter compared to those of the Convention regarding the same right or by implementing new rights. The Charter differs from the Convention in three ways: It implements very few totally new rights. It sometimes widens the scope and/or the meaning of a right. And, most frequently, it makes explicit elements which the Convention and its protocols only imply and it incorporates case law of the Court. It thus ?updates? and collates the catalogue of common European human rights into one document. What are the substantially new rights? * Firstly the right to conscientious objection (CO), a right that QCEA has fought for ever since it came into being in 1979. It was neither established by the Convention nor by its protocols. Although the formulation is very weak (CO shall be provided ?in accordance with the national laws governing the exercise of the right?[2]), the Charter is the first document in international law that recognises CO as a fundamental right. * The right to asylum is provided for by the Charter. But it does not go further than recognising this right in a general way by making reference to the existing documents in international law which establish the international asylum regime. A clear definition of the right to asylum which could have finally established the basis for a common asylum policy has not been made. * The Charter provides the right of freedom of the arts and sciences, a provision without a counterpart in the Convention that only protects the freedom of expression but not specifically freedom of the arts and sciences which shall be free of constraint by the state. * It foresees the right to a high level of consumer protection, environmental protection and the right to good administration. * The Charter is the first document that uncouples the right to marry from the right to found a family. In Article 9, it provides the right to marry and the right to found a family, thus making allowances for changed concepts of what constitutes a family in European societies. * The Charter provides, as its biggest difference to the Convention, a relatively high number of social rights, such as the right to fair and just working conditions or the right to protection in the event of unjustified dismissal. These rights all appear in the European Social Charter but not in the European Convention. That is why they could possibly be seen as ?new? rights. But the reason for this is mostly historical: The mothers and fathers of the Convention were in favour of taking only the traditional liberal human and fundamental rights into the document and not economic and social rights, because they did not feel the latter to be sufficiently enforceable in law. This gap was then filled by the European Social Charter which is only legally binding if a member state has chosen to accept the collective complaints procedure. The Charter now merges the traditional human rights and the rights from the European Social Charter. That is why these rights should not be seen as substantially new rights in the European human rights context. Furthermore there are areas where the scope of a right is widened, but where no substantial new right is introduced. Here are some examples: * The right to physical and mental integrity, already guaranteed by case law of the Court in the context of Article 8 of the Convention, is widened and applied to ethical questions of biology (e.g. prohibition of eugenic practices). This gives a new shape to the right to personal integrity, while the right as a whole is not new in the European human rights context. * The right to protection of personal data, often mentioned as a ?new? right provided by the Charter, is no other than the protection of private life guaranteed by Article 8 of the Convention. However, the intended protection is wider than in the Convention, e.g. regarding the access to personal data. In most cases, the Charter either takes the formulation from the Convention or the protocols, or formulates explicitly, what has previously been implicitly part of the human rights catalogue because of decisions made by the Court. To give some examples: * The Charter provides the right to non-discrimination for several groups (women, children, disabled persons, the elderly, etc) in relatively detailed form. This was not formulated in the Convention, where non-discrimination is only expressed in a relatively general way. However, the Convention, the protocols and the decisions of the Court taken together provide the same protection that the Charter. It is thus not an improvement of the level of legal protection. But if mentioning these groups separately the political effect is greater, then this is all to the good. * The freedom of the media, provided for explicitly by the Charter, is part of the freedom of expression provided by the Convention and has always been interpreted in this way. The word is new, the content is not. In conclusion: The Charter does not necessarily provide a higher level of legal protection than the Convention with regard to traditional human rights. The newly introduced rights only cover a few specific areas (e.g. conscientious objection, asylum), and these are not very strongly formulated. The added rights which do not figure in the ?traditional? human rights catalogue, such as social rights, the right to a good administration and to a high level of consumer protection are so generally formulated, that their practical enforcement in law is at least arguable, a point often criticised by experts on international law. However, Article 53 of the Charter provides at least the same level of protection as the Convention. In the next issue, we will discuss the political impact of the Charter. 2. New Arrivals Sara Erlandsson and Calum Shaw join QCEA The beginning of each year see?s the beginning of another chapter in QCEA HQ with the arrival of two new PAs. This year?s new recruits are no less keen and equally as eager as their predecessors. They come from Sweden and the UK respectively; introducing Sara Erlandsson and Calum Shaw: 2.1 Sara Erlandsson joins QCEA I knew that I would work in the development field ever since I was a young child. I lived in Zimbabwe and learnt how lucky I was having been born in Sweden. To this end I studied media and communications as well as Africa and international development cooperation. It might seem like a strange combination, but the communication part is more like a tool, a way to work with the issues. And if people don?t know what?s happening in the world they won?t get the chance to try and do something about it. Before coming to QCEA I worked for ECDPM (European Centre for Development Policy Management) in the Netherlands, which made me further realise what a big player the European Union is in development work (in Sweden the EU is still not such a big deal, being on the periphery) and sparked an interest in working in Brussels. My biggest interest is travelling and meeting people from different cultures and with different experiences. Apart from Africa I have also spent time in Pakistan and Japan, both with similarities to Africa and Europe respectively, but still poles apart. I am really looking forward to discovering Brussels, with its mix of goodies from all over the world. I am new to the world of Quakers, but have received a very warm welcome and am very happy I have been given the opportunity to play a part in Quaker House and the important work QCEA is doing in Brussels. My biggest project at QCEA will involve studying how the European Commission delivers aid in conflict affected countries. I look forward to this and to other challenges that the year will bring. 2.2 Calum Shaw joins QCEA In my opinion QCEA is a matter of belief and action. One can believe and believe and believe until the handsomely subsidised cows come home, but sometimes it is not enough. Sometimes action must follow if beliefs are to become reality. I believe in Quakerism and its approach and I believe in Europe; both as a continent with a peaceful future and as a socio-political project. But how can I hold any hope of either of them even slightly resembling the beliefs I hold if I am not prepared to offer my drop to the ocean. So, I could say I felt duty bound to apply for the post. I could say it was a simple question of acting on my beliefs; of putting my faith into action. However, if I did I could be accused of bending the truth, because the post is attractive for much more besides. Indeed, as the year unfolds I will be presented with a variety of opportunities. I will have the opportunity to contribute to and publish a piece of research on enlargement in the Western Balkans; to learn some French; and of course to eat lots of Belgian chocolate to name just three. Moreover, I should confess that my sense of duty was also influenced by the city?s contributions to Art Nouveau and the prospect of being introduced to all the world wise diplomatic types Liz and Martina know. I only hope that over the year I will be able to contribute to QCEA?s on going progress and development as much as it will surely contribute to mine. 3. Money, money, money The EU budget under scrutiny When the EU Member States and the European Parliament agreed the medium-term financial framework for 2007 to 2013 back in 2005 this proved to be a difficult task which nearly overran the time available and which was acrimonious for most of the 2 years during which the discussions took place. One of the reasons why agreement could finally be reached was the fact that a review of the EU budget was foreseen for 2008/9; this was not envisaged as just another round of talking numbers but a thorough ?root and branch? review. All lines were to be open for discussion both on the income and on the expenditure side. The review has now begun with an initial public consultation which was launched in the second half of 2007 and which runs until 15 April 2008. QCEA is committed to commenting on this consultation and contributing to the developing discussion. This is part of our regular engagement with the institutional development work at EU level. We have produced a set of 5 Briefing Papers which look at the following aspects of this process: 1. The consultation ? background, purpose, remit and timetable 2. The EU budget ? how is it structured (income and expenditure) 3. Key issues for the consultation 4. Questions raised in the consultation 5. The ?health check? of the Common Agricultural Policy These are now on our website ( http://www.quaker.org/qcea/briefings/Budget/index.htm ) and for those who don?t have access to the internet we can supply them in print form by post or by fax. We would like anyone who feels that they would like to contribute to the response QCEA will make to the consultation, to write to us (by e-mail, fax or post) with comments on any of the aspects of the review. Don?t feel that you have to comment on the specific questions raised by the consultation; we will submit at least one set of comments which raise questions about the way the consultation questions are structured and which will identify issues which we think should have been included but are not. Deadline for making your submissions to QCEA is: 15 March 2008; all submissions should be addressed to Sara Erlandsson (e-mail: serlandsson at qcea.org) or at our normal address or fax number. 5. Building a value based EU budget for the future What role for NGOs? The European Union is undertaking a review of its budget ? this is a broad based review covering: where the money comes from, where the money is spent and how the budget is managed. The review has started with a public consultation. On 24 January the EU Civil Society Contact Group (of which QCEA is a member) organised a conference on the role of NGOs in the EU budget review. The purpose of the event was to encourage NGOs to participate in the consultation as well as to follow the budget review process after the consultation is closed. It focused both on the content, on which priorities the EU has and how this could be reflected in the budget, as well as how NGOs can influence the process now and in the future. In the discussions that took place it was underlined that the budget should relate to the priorities set up in the new Lisbon Treaty. It should focus on EU added value and be sustainable, both from an environmental and social perspective. Helga Trupel (MEP, budget committee) argued that the budget needs to be more future oriented through for example changing the agricultural policies and focusing on how to fight climate change. European Commission representative Vasco Cal (member of the cabinet of Commissioner Dalia Grybauskait?, responsible for the EU budget review) urged the participants to use the opportunity to submit to the Commission their own ideas on the future priorities of the EU. He underlined that this stage was not about amounts but about the headings in the budget. QCEA is preparing to submit a contribution to the EC consultation, which you can read more about above. You can also find information about it on our website. You can read the Civil Society Contact Group?s report of the event here: http://www.act4europe.org/code/en/actions.asp?id_events=125 6. Feedback If, after having read any of QCEA's Briefing Papers or indeed any of the other papers on our website, you still have questions, feel something has been left out, or take issue with something we say then we invite you to tell us so! http://www.quaker.org/qcea/briefings/feedback.htm, follow the instructions and get in touch to let QCEA know your thoughts. We welcome your comments. 7. New editions of Around Europe now online The English language September and October and German language May and June editions of the Around Europe newsletter are now available online. Contents include: In English Around Europe No. 296? October 2007 QCEA Contributes to a Call for Respect for Human Rights at Council of Europe; Give Peace a Budget; Is Diplomacy Dead? Notes from a Controversial Conference on Peace in the Middle East Around Europe No. 295? September 2007 Knowing more to act better; The Reform Treaty; The Security Threat of Ethnic Profiling; Book Review: Wealth - Power - Violence; Lucas Guttenberg Joins QCEA Auf Deutsch 293 - Juni 2007 Terrorismus und der Ausl?nder - eine Buchbesprechung; Militarisierung bei der EU-Milit?rpr?senz in Afghanistan; Elisabeth Baker (1940-2007) 292 - Mai 2007 Soziale Verantwortung, kontroverse Waffen und das Milit?r; Umweltschutz, Entwicklung und Konfliktpr?vention integrieren; Das Ende der Frauengef?ngnisse in Gro?britannien?; Martina Weitsch in Serbien und Bosnien To get a first look at new editions of Around Europe, why not subscribe and receive a monthly copy to your home address? More information about subscriptions is available from http://www.quaker.org/qcea/subscription.htm Alternatively, to access Around Europe online please visit http://www.quaker.org/qcea/aroundeurope/index.html 8. European peace directory The European Peace Directory is available online. http://www.quaker.org/qcea/peacedirectory/index.html Find out which organisations are working on peace - locally, nationally, and internationally - in Europe. Countries currently featuring in the directory include: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia & Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia & Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, and the United Kingdom. For certain countries, the Directory has very few organisations listed and QCEA would like to encourage Friends to contact relevant organisations, which they feel should be listed, to suggest they register. Alternatively, simply contacting QCEA with a recommendation to contact a certain organisation would also be welcomed. The following countries in particular are underrepresented: Albania, Andorra, Armenia, Azerbaijan, Belarus, Bulgaria, Czech Republic, Estonia, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Poland, San Marino, Slovakia, Slovenia, and the Ukraine. 9. Contact QCEA If you have any comments, queries or suggestions QCEA can be contacted at: Quaker Council for European Affairs Square Ambiorix 50 B-1000 Brussels Tel: +32 2 230 49 35 Fax: +32 2 230 63 70 info at qcea.org 10. Subscribe / unsubscribe information Information on subscribing and unsubscribing to this e-mail list is available at: http://lists.quaker.eu.org/mailman/listinfo/qcea-supporters In Friendship Liz Scurfield Joint Representative/Head of Office Quaker Council for European Affairs Square Ambiorix 50 B-1000 Brussels Belgium Phone 0032 2 234 30 63 Fax 0032 2 230 63 70 E-mail lscurfield at qcea.org web: www.quaker.org/qcea (Please forward this e-mail to anyone who may be interested in our work) P Please consider the environment before deciding to print this e-mail. _____ [1] Art. 52(3) Charter of Fundamental Rights of the European Union [2] Art. 10 (2) -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.quaker.eu.org/pipermail/qcea-supporters/attachments/20080228/af7da654/attachment.html