Dr.V.G.Hegde Indian Society of International Law New Delhi, India

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Egbert Marsh
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1 Dr.V.G.Hegde Indian Society of International Law New Delhi, India

2 EU Relations with India: The Human Rights Context EU and India long bilateral cooperation since 1960s Economic and Political changes in both EU and India Both play important role in geo-politics With Lisbon Treaty for EU Human Rights at the centre of its external relations For India its Constitutional mandate governs its understanding and interpretation of human rights Global human rights standards many commonalities Evolution of human rights has a historical and cultural context

3 Understanding the Context of Human Rights Dichotomy in defining the legality of the core human rights standards For EU human rights are right-based For India human rights are not only right-based, but at certain levels it is aspirational Cost of maintaining and enforcing right-based approach to human rights is too high Implementation and application of human rights through a law is the key in a right-based approach

4 Role of Indian Courts Domestic understanding and interpretation of global human rights norms differ extensively Human rights norms difficult to harmonize in a given domestic context Indian courts refer extensively to global human rights standards and norms (e.g., to interpret right to life) Indian Courts refer to various domestic contexts and cases other than the EU Reference to EU decisions are negligible in the judgments of the Indian courts (except in trade and commerce)

5 Role of National Human Rights Institutions 1993 Paris Principles to establish National Human Rights Institutions an EU initiative, among others India promptly passes a NHRC legislation in 1993 NHRCs without teeth despite creation of a statute? How to make NHRCs effective in a domestic context EU fully supports this initiative and has been successful in persuading India and other countries

6 Role of Civil Society Organisations Grass roots Civil Society Organisaitons key to EU- India relations to an extent Role of EU is more persuasive and at a broader policy level changes Does these policy changes really happen? Depends on the subject matter of regulation Some of the key areas where EU presence is felt within India relate to Information Technology, IPRs, Right to Information, corruption-related issues, environmental issues, natural resources conservation, climate change initiatives, social movements

7 Building a Balanced Approach What is a balanced approach? EU-India, mutually understanding each other s sensitivities No semblance of intrusion into internal affairs of the other Not to ruffle socio-economic and political feathers Respect to territorial integrity and sovereignty in dealing with contentious issues

8 Dialogic Approach EU-India Human Rights Dialogue since 2004 a balanced approach No dramatic changes or achievements, but a persuasive tool and understand each other s compulsion in implementing human rights agenda Held annually and locally, though not held, or postponed some times. Gradually upgrading the level How to make it more meaningful (less preachy) and mutually inclusive? A challenge for EU to assert its policy goals?

9 Role of EU Delegation EU Delegation to understand India in its regional context India a complex, diverse and intricate country Multiple dimensions to understand India. A noted British Scholar, almost hundred years ago, stated, Wonder that was India. EU s formally expressed major concerns are: minority rights (including Dalits), communal violence, torture, security-related legislation, death penalty, human rights defenders, decent working conditions, womens rights

10 EU-India Summit Held at the highest level Is this less effective? More formalism and less substance? Areas of discussion and cooperation relate to such areas as cyber security, energy, environment, investment, research and innovation and others Joint Statement a trust and accommodation to arrive at certain agreed policy goals Indirect reference to human rights issues

11 Chronology of Summits Joint Political Statement of 1993 Joint Cooperation Agreement on Partnership and Development, 1994 (human rights and democratic principles to form the core of this agreement Several delegation level visits Visits of EU and India Parliamentary Groups

12 Bilateral Approach EU-India FTA 12 Rounds of negotiations since 2006 EU s insistence on placing non-trade issues in trade (a Lisbon mandate?) Issues of contention in FTA market access, geographical indications, government procurement and sustainable environment and others Other key issues (a) demands from EU to drastically cut tariffs on automobiles, wines and spirits and dairy products; (b) demands from EU for greater access in the service sector, particularly in banking sector; and also asking for national treatment commitments in some of these areas; (c) TRIPs plus protection to IPRs in the domestic arena of India; (d) issues relating to labour and environment standards; and (e) investment treaty issues

13 Indian Arguments Human Rights a protectionist ploy for EU No convergence of policy at the EU level Member States of EU deal with India separately EU so called `double standards EU makes use of global institutions, like e.g., World Trade Organization (WTO) Covered Agreements as a strategy tool to maintain their trade and technology trade Role EU in global FTAs e.g., Transatlantic Trade and Investment Partnership (TTIP), besides others like Trans- Pacific Trade Partnership (TTP)

14 Conclusions EU- India 1.7 billion people Increasing trade and crossing 75 billion Euros Continuing on Human Rights Dialogue despite its shortcomings High Political Level meetings Bilateral Approach Developing synergy in global scientific, technological and economic relations between EU and India

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