Human Rights and Terrorism

evelopment of dialogue at European level and disseminate information to stakeholders and the public at large.

Gender Mainstreaming in Development Cooperation

As part of the EC strategy for the implementation of the EC Programme of Action on Gender Mainstreaming in Development Co-operation, a comprehensive capacity-building project for EC staff and their development co-operation counterparts in EU partner countries was started in January 2004, to last until 30 June 2006.

The project foresees three main areas of activity: development of tools and resources, training of EC staff and national partners and strengthening of a network of gender correspondents. The project is implemented by the International Training Centre of the ILO, Turin, which has established a Gender Help Desk in Brussels. Principal outputs to date include: the publishing and dissemination of the EC Toolkit on Gender Mainstreaming in Development Co-operation (in English, with French, Spanish and Portuguese versions to be published by end of Summer 2005); 20 gender training courses, including two thematic workshops on Gender and Indigenous Peoples, and on Gender and Private Sector Development; an on-line course on Gender and EC development co-operation; a conference on the human rights of women and 14 workshops for some 25 EC Delegations in Africa, Asia, Eastern Europe and Latin America.

human rights, to work in close coordination with other Special Procedures of the CHR, the Sub-Commission, and other relevant UN bodies, to undertake country visits and to report regularly both to the CHR and to the UNGA.

The EU participated actively in the summit of the Council of Europe that took place on 16-17 May 2005 in Warsaw. The Warsaw Declaration adopted at the event paves the way for reinforced pan-European cooperation and solidarity, including in the fight against terrorism, while respecting human rights. The Warsaw Declaration is complemented by an Action Plan which addresses the issues of “Strengthening the security of European citizens” and “Promoting common fundamental values: human rights, rule of law and democracy”. The EU fully endorses the objectives introduced in the Action Plan which strongly condemns terrorism and notes the need for a firm and united response from Europe. At the same time, it calls on states to respect human rights and to protect victims while combating this threat. Two relevant new Council of Europe conventions were opened for signature at the Summit: on the prevention of terrorism; and on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism.

The issue of human rights and terrorism featured in EU Troika consultations on human rights (see chapter 3.4 for more details).

To date, the European Commission has focused on the priorities defined by the European Council in June 2004 which concern strategic objectives such as the financing of terrorism or the protection of critical infrastructure. Currently, also at the request of the European Council, it has started to address other issues, such as violent radicalisation and the recruitment of terrorists. In its Communication on prevention, preparedness and response to terrorist attacks of 20 October 2004 (COM (2004)698)³⁹, the Commission developed three key concepts concerning the balance between fundamental rights and the fight against terrorism:

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- the fight against terrorism must not only be “integrated” in all policies, but also “inclusive”: the preservation of life, security and freedom is a fundamental task requiring the participation of all social actors;

- linked to the previous point is the call for the Union to contribute towards a “civic and democratic debate on securing freedom”. The term “securing freedom” draws on Art 6 of the Charter of Fundamental Rights and underlines the inextricable link between security and freedom;

- the notion that if new effective tools are required to fight global terrorism then “new effective controls are required to maintain the balance between collective security and individual freedom”.

One year after the terrorist attack in Madrid, the EU marked the First European Day for the victims of terrorism on 11 March 2005⁴⁰. The day provides an opportunity not only for remembrance but also for reflection on how effectively to provide security for all citizens of Europe⁴¹. A memorial report prepared by the Commission noted: “Fighting terrorism is about preserving our most fundamental and cherished human rights but we must uphold those very same principles we are so adamant to defend at every little step of the fight. The fight, therefore, has to be resolute, pervasive and systematic but solidly anchored in a legal framework that assures absolute respect for human rights and fundamental freedoms, including European and international human rights principles.”⁴².

The Commission is working on the prevention of terrorist financing via the non-profit sector. Care is taken to fully respect the principle of freedom of association and to ensure that nothing is done that could undermine the work or reputation of the vast majority of legitimate non-profit organisations operating at national, EU and international levels. The Commission is also finalising a Communication on Violent Radicalisation, which constitutes a contribution to the elaboration of the EU strategy on violent radicalisation as a factor contributing towards the recruitment of terrorists. Policy in this area is being developed within a framework of respect for fundamental rights.

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41 Sadly, another major terrorist attack took place within the EU’s borders on 7 July 2005, this time on the London public transport system. This atrocity, that killed and maimed dozens of passengers, only served to reinforce the EU's determination to work together to combat such acts, to ensure that the perpetrators are brought to justice, and to preserve the fundamental values upon which the EU is based.

42 http://europa.eu.int/comm/justice_home/doc_centre/criminal/terrorism/doc/sec_2005_272_en.pdf