The human rights “essential element” clause

Since 1995 the EU has incorporated a human rights clause as an essential

element in all framework agreements with third countries, stipulating that

respect for human rights and democratic principles should form the basis of

the agreement. In 2003, all EU member states agreed a position on the

inclusion of such human rights clauses in all EU–third country agreements,

except sector-specific agreements such as steel and fisheries. This position

was subsequently reinforced in 2009 in the “Common Approach on the Use of

Political Clauses”. To date, 45 framework agreements containing such a

clause have been agreed with more than 120 countries. The clauses provide

a peg for dialogue, allowing the EU to engage positively with the third country

on human rights. In extreme circumstances, the agreement can also be

suspended in the event of a serious breach of the clause.

Since 1995, negative measures have been implemented under the human

rights clause framework agreement on 22 occasions, most frequently in

response to a coup d’état, for example in the Central African Republic, Fiji and

Niger, but also for flawed electoral processes such as in Haiti and Togo, and

for violations of human rights, as in Liberia and Zimbabwe.