Human Rights Watch supports the European Union's condemnation of the horrific attacks in the United States on September 11. The cherished principle of respect for civilian life has been grievously violated. We hope that E.U. member states and all governments will cooperate to investigate this crime, to hold those responsible for the attacks accountable, and to prevent a reoccurrence. We also urge E.U. member states to remain vigilant to ensure that all military action against Afghanistan is in full conformity with international humanitarian law, particularly with regard to the protection of the civilian population.
In the E.U., a heightened sense of vulnerability and the promise to assist in bringing all those responsible for the attacks to justice have given rise to numerous proposals to enhance security throughout the union. While improved regional security is an important concern, Human Rights Watch fears that rash moves to adopt the proposals could undermine the fundamental freedoms and rights that form the cornerstone of European values.
The new security measures proposed by the European Commission to combat terrorism, combat the funding of terrorism, and provide for a European arrest warrant have been introduced and are being deliberated at an unprecedented pace. Moreover, the 20 September conclusions adopted by the Justice Home Affairs Council and the conclusions and plan of action adopted at the extraordinary session of the European Council on September 21 contain proposals for action that implicate member states' obligations under international and European human rights law. Human Rights Watch is concerned that in the rush to agree these proposals, critical public debate and input from civil society will be sacrificed. This would undermine on-going efforts to create transparent and participatory processes meant to give nationals of member states a stake in the E.U. Moreover, the lack of critical consideration of the impact of these proposals on citizens, refugees, and migrants in the E.U. could result in laws and policies that erode essential liberties and freedoms.
With so much at stake, Human Rights Watch urges you to ensure that any new measures intended to address E.U. security concerns in the aftermath of September 11 are fully and transparently deliberated. To that end, Human Rights Watch recommends the establishment of an expert panel to evaluate all of the proposals addressing E.U. security concerns in the aftermath of the September 11 attacks. Each member state should nominate to the panel an international legal expert who could evaluate each commission proposal and all proposed measures for their conformity with international human rights law, policy and practice. The panel should be invested with the power to implement a process whereby third parties (nongovernmental organizations, academics, and other concerned groups and individuals in civil society) could make submissions to the panel in order to ensure that a wide range of concerns are taken into account. The panel would observe a time limit within which to complete its work and would present to E.U. member states and the commission an analysis of the proposals and measures that details areas of concern with respect to guaranteeing civil liberties at a time when there is a heightened awareness of security concerns.
U.N. Security Council Resolution 1373 (2001), adopted on 28 September, details a set of measures to combat terrorism and establishes a Committee of the Security Council to monitor implementation of the measures by member states. The resolution calls upon all states to report to the committee within ninety days of the resolution's adoption on the steps they are taking to implement the measures therein. The U.N. requirements could serve as a natural timeframe for the E.U. to follow with respect to establishing the panel of experts recommended by Human Rights Watch. The E.U., vis-à-vis the expert evaluation process of its own proposed security measures, could also provide the Security Council and other member states with valuable information regarding the human rights implications of various proposed actions at the regional level in light of the Security Council resolution's requirements.
The October 1999 Tampere European Council conclusions initiated the creation of an area of freedom, security and justice in the E.U. "firmly rooted in a shared commitment to freedom based on human rights, democratic institutions and the rule of law." Conclusion 7 states that
The area of freedom, justice, and security should be based on the principles of transparency and democratic control. We must develop an open dialogue with civil society on the aims and principles of this area to strengthen citizens' acceptance and support.
The fundamental principles enshrined in the Tampere conclusions are more relevant than ever and should serve as the blueprint for assessing security concerns in the union. On October 2, E.U. Commissioner for Justice and Home Affairs Antonio Vitorino said the U.S. attacks had given the normally deliberative Brussels law-making machinery a "rediscovered dynamism and energy" implying that this energy would facilitate a quick adoption of the proposed internal security measures. Human Rights Watch urges the E.U. to channel such energy into a process that honors the Tampere conclusions by providing a full, transparent debate around proposals for enhanced security in the union.
Actions by E.U. member states should uphold democratic principles, make governments accountable to European and international law, and ensure that personal liberty and other fundamental rights are protected. These are some of the key principles upon which the E.U. was founded and upon which citizens of the E.U. expect their governments to proceed in these difficult times.
Sincerely,
Lotte Leicht
Brussels Office Director
Elizabeth Andersen
Executive Director
Europe and Central Asia Division
