The human side of third country agreements

Date: 07/12/1995

The EU uses three types of human rights clauses in its agreements with third countries.

Agreements with African, Caribbean and Pacific countries (ACP): The Commission can suspend direct aid. If it wants to suspend agreement on other forms of cooperation, for example, the Generalised System of Preferences, the new Lomé Convention stipulates that there should first be a dialogue meeting between the EU-troika and the ACP country involved, which must choose two ACP partners to attend alongside it. If this joint council fails to settle the dispute, one party can decide to suspend the agreement.

Association agreement countries:

These include the countries of Central and Eastern Europe with aspirations to become Union members. There is now a standard clause both on human rights and the suspension of cooperation with countries linked to the EU by association agreements. This clause was drawn up during negotiations with Bulgaria and is thus known as the Bulgaria Clause. The suspension clause contains a reference to holding an association council before the whole or part of the agreement is suspended for breaches of human rights.

Cooperation agreement countries:

Not all of these agreements include direct suspension clauses, but all have a general reference to human rights. Since these specify that human rights are an essential part of the agreement, they can still be suspended by reference to this clause.

Countries with agreements with human rights, but no suspension clause:

India and Sri Lanka.

Countries with different suspension clauses: South Africa, Slovenia, Ukraine, Moldova, Belarus, Kyrgyzstan, Kazakstan.

Countries with Bulgaria Clause in their agreements: Bulgaria, Poland, Rumania, Czech Republic, Slovak Republic, Hungary, Estonia, Latvia, Lithuania and Russia.