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11. The EU Charter of Fundamental Rights: What Can It Do?

Author:
Israel Butler
Publication Date:
02-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Charter of Fundamental Rights of the European Union is a legally binding document that contains a list of human rights recognised by the European Union (EU). It could become a powerful tool available to influence policy makers or serve as a basis for litigation. Individuals can use judicial and political mechanisms to hold EU institutions, and in certain circumstances member countries, to account when they fail to comply with the Charter. The Charter can also be used to pressure decision makers to bring policies and legislation under development in line with human rights standards. This background paper explains when and how the Charter can be used by advocates at national and EU level.
Topic:
European Union and Political Rights
Political Geography:
Europe

12. Position Paper: Bringing migrant detention into line with human rights standards

Author:
Costanza Hermanin
Publication Date:
06-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
On the occasion of the 2013 review of the implementation of the Return Directive, this position paper encourages the European Commission to consider whether to adopt updated guidelines. It urges member states to consider adopting legislation to bring procedural safeguards and minimum conditions in line with human rights standards whenever detention is used during the return process.
Topic:
Human Rights, Migration, Law, European Union, Legislation, Migrant Workers, and Political Rights
Political Geography:
Europe

13. From Funder to Partner? Prospects for the European Neighbourhood Policy's Civil Society Facility

Publication Date:
10-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Arab Spring was a timely reminder to the EU of its own transitions, in particular events post-1989, and how civil society was at the heart of all of them. The EU now intends to foster a “partnership with societies” in its eastern and southern neighborhood, in part by creating a facility to provide dedicated support to ensure civil society organizations can monitor reform and participate effectively in their own national debates. The Open Society Institute-Brussels has assessed current proposals, identified challenges, drawn lessons from experience, and identified six areas that will be integral to an effective Civil Society Facility within the Neighbourhood Policy: Funding for civil society needs to be accompanied by political support for CSOs (e.g. statements and tripartite meetings on pressing issues). In order to build capacity the principle EU actor (the EU delegation in-country) needs capacity of its own. Consultations with CSOs are useful if they are planned, regular and genuine—particularly in-country. Supporting local ownership through channeling funds to existing resources (e.g. providing existing networks with logistics and strategic funding) is more effective than putting in place new, parallel structures. Investing in structures that continue beyond the Facility implementation period (e.g. providing 3-4 year core support to develop CSO institutional capacities or putting in place offices to facilitate civil society-government links) will enable national CSO champions or standard-setters to emerge. Paying close attention to the local CSO sector, political and donor context to better meet needs and avoid supporting either less-relevant issues or government-organized organizations. An engaged and robust civil society which holds governments to account is increasingly both a mechanism and a goal of EU foreign policy. Upgrading the EU's relationship with civil society from benevolent paymaster to a strategic investor in partnerships for change will pay dividends to the societies which are transforming in its neighborhood as well as to the EU itself. For a genuine shift towards a “partnership with societies,” maximum local participation and ownership has to be matched by maximum political and practical commitment from the EU. This could be the essence of a real and mutually beneficial partnership.
Topic:
Civil Society, Regional Cooperation, Governance, European Union, Accountability, and Funding
Political Geography:
Europe

14. EU Policy Towards the Eastern Neighbours: A New Wave of Improvement

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Open Society Foundations have local offices in all of the Eastern Partnership countries except for Belarus, and many thematic programs working on human rights and governance. We believe that the EU's engagement, with a toolbox largely drawn from the enlargement policy, is the best framework for promoting political reform in these countries, particularly when it is coupled with clearly articulated conditionality. This short assessment by the Open Society Foundations sets out the main lessons learned from our experience in the region and give ideas on how to enhance the EU’s efforts to strengthen prosperity, stability and security in its neighbourhood.
Topic:
Human Rights, Regional Cooperation, International Security, Governance, Reform, European Union, and Regional Economy
Political Geography:
Europe

15. How Could a European Endowment for Democracy Add Value?

Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The European Union has asked for proposals from the Commission and High Representative to establish a European Endowment for Democracy (EED). Various options are being discussed in Brussels; from potential recipients, to geographic scope, to thematic focus. The debate surrounding the EED provides an opportunity for EU support to civil society to become more extensive and flexible than allowed under current funding rules. The possible creation of a Convention or new agency, and/or the reform of the financial regulation affecting current funding instruments (in particular the European Instrument for Democracy and Human Rights), deserve support if they offer less burdensome mechanisms for non-governmental actors to access and manage EU funds. This discussion paper explores the potential added value of the EED in relation to the actors and scope of activities currently supported by the EU, and how it would add value to existing modalities of support to civil society. The most valuable outcome of this debate, regardless of whether an EED is established, would be if EU support became more responsive to the needs of the actors working in support of human rights and democracy.
Topic:
Civil Society, Human Rights, European Union, and Democracy
Political Geography:
Europe

16. The Education of Migrant Children: An NGO Guide to EU Policies and Actions

Publication Date:
11-2010
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Rising migration into Europe is now the largest factor of population growth among most EU member states. This trend is manifested in the area of education, where pupils of migrant origin comprise up to half or more of the total number of students in some schools. In these very diverse student bodies, there are higher-than-average rates of academic underachievement and early dropout, which are directly linked to problems of social marginalization, failure to integrate, and future unemployment. The education of migrant children and youth is, therefore, now viewed not only as an economic issue, but also most importantly as a political and human rights issue. As a result, education has become a key instrument in long-term integration and social inclusion strategies, and consequently a key policy area for the EU. This guide is intended as a tool for better understanding EU policies, responsibilities, and funding mechanisms related to the education of migrant children and youth within existing EU agendas on human rights, equal treatment, antidiscrimination, integration, social inclusion, and education and training.
Topic:
Education, Children, European Union, Youth, Unemployment, and Marginalization
Political Geography:
Europe

17. European Neighbourhood Policy: Implementation of the Objectives of the EU-Georgia Action Plan

Publication Date:
01-2010
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Third in a series prepared by the Open Society Georgia Foundation, this report assesses implementation of the EU-Georgia Action Plan by experts from Georgian nongovernmental organizations. The report identifies and analyzes the problems that hampered the implementation of Georgia's international obligations in 2008-2009 in the following areas: development of a free institutional environment for the efficient functioning of media organizations; measures to improve the business and investment climate, stimulate economic growth, reduce poverty, ensure social equality, facilitate sustainable development, and harmonize economic legislation and administrative regulations; reinforcement of parliamentary oversight as a way to establish good management practices in the field of national security and defence and implement democratic control of armed forces, and expansion of EU-Georgia cooperation in battling common challenges.
Topic:
International Political Economy, Regional Cooperation, European Union, Regional Integration, and Regional Economy
Political Geography:
Europe and Georgia

18. Monitoring Report: Albania in the Stabilisation and Association Process

Publication Date:
10-2008
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
For the second consecutive year, the Open Society Foundation for Albania and a group of independent experts took the initiative of monitoring Albania's progress in the Stabilization and Association Agreement during the period October 1, 2007, to October 15, 2008. This report focuses on priority issues of EU-Albania relations, such as democracy and the rule of law, fundamental human rights and freedoms, and home affairs, as well as the institutional framework of administrative capacities on management of the European integration process. The report provides recommendations to the government of Albania and central institutions in fulfilling European integration priorities. Monitoring and assessment was concentrated in tangible outcomes. This report succeeded an interim report (October 2007-March 2008) that was submitted to the European Commission in preparation of its Albania Progress Report 2008. The full report from the European Commission is also available in PDF format.
Topic:
Human Rights, European Union, Rule of Law, Regional Integration, Management, and Freedom
Political Geography:
Albania

19. On the Road to the EU: Monitoring Equal Opportunities for Women and Men in Serbia

Publication Date:
12-2006
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Currently Serbia is a diverse community with no social consensus on the majority of war crimes-related issues, as well as racism, homophobia, and gender equality. The conflict in values, ideologies, and goals is intense and persistent. At the same time, poverty, social exclusion, and violence are predominant characteristics, a way of life for marginalized groups, including women. One of the rare issues where consensus has emerged is a strong sense of affiliation and orientation towards the European Union (EU). To date, the EU has played an important if not crucial role in political and public rhetoric, although there remains an ostensible rift between the values it espouses and those that currently obtain in Serbia. Serbia’s parliament has enacted some important legislation vis-à-vis the state’s responsibility to protect political, social, and other human rights. Some gender-equality mechanisms have been introduced, but randomly funded. New institutions generally lack the requisite authority to stop and prevent discriminatory practices by those who violate other's rights or abuse their own power. This report is one of a seven-part series, "On the Road to the EU," prepared as part of the OSI Network Women’s Program's “Bringing the EU Home” Project. This three-year project aims to promote awareness, advocacy, and enforcement of equal opportunity legislation at the national level and to build the capacity of national actors in civil society to use EU-level gender equality mechanisms effectively. The project further aims to help increase the importance of equal opportunities on the European agenda. An assessment of the status of equal opportunities between women and men, de jure and de facto, was carried out in seven South Eastern European entities: Albania, Bosnia, Croatia, Kosovo, Macedonia, Montenegro, and Serbia. The reports were prepared in cooperation with the International Gender Policy Network.
Topic:
Gender Issues, European Union, Women, Sexuality, Men, and Equality
Political Geography:
Serbia

20. Aspirations and Reality: British Muslims and the Labour Market

Publication Date:
07-2004
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
British Muslims face severe obstacles in the United Kingdom's labor market and have a disproportionately high rate of unemployment, according to this report from OSI's EU Monitoring and Advocacy Program (EUMAP). Aspirations and Reality: British Muslims and the Labour Market calls for more effort to meet the employment aspirations and needs of Muslims in the UK, especially Muslim women and young Muslims. "Government, the private sector, and Muslims themselves must ensure that British Muslims are not left out of the workforce," said the report's author, Zamila Bunglawala, who co-authored the Prime Minister’s Strategy Unit report on Ethnic Minorities and the Labour Market. British Muslims seeking employment face multiple obstacles, ranging from gaps in mainstream labor market policy and employer practices, poor service delivery and a lack of faith-friendly work environments. The extent to which Muslims face religious discrimination in the labor market is unknown; the report stressed that further analysis is needed to improve the understanding of the British Muslim group as a whole. Muslim youths are at particular risk of social exclusion. With Muslims set to comprise almost a quarter of the growth in the working age population in Britain between 1999 and 2009, integrating British Muslims into the mainstream labor market must now be a priority for the government, the report concludes.
Topic:
Islam, Religion, Labor Issues, Minorities, and European Union
Political Geography:
United Kingdom