Since the 1990’s, human rights have been an important aspect of European Union (EU)-India relations. In the early 90’s, the human rights violations committed by both Indian security forces and militant groups during the insurgencies in Kashmir[1], Punjab[2], and Assam[3], attracted great international attention and condemnation, including from the EU. In this context, human rights issues were brought up by EU officials during Troika meetings with Indian representatives. As a response to the international pressure, India underwent some human rights reforms, and it is also in this context, in which India finally agreed to the inclusion of an ‘essential human rights clause’ in the Cooperation Agreement signed with the EU in 1994.[4]
Article 1.1 states that “Respect for human rights and democratic principles is the basis for the cooperation between the Contracting Parties and for the provisions of this Agreement, and it constitutes an essential element of the Agreement.” (Cooperation Agreement, 1994).[5] The inclusion of this clause is particularly relevant, as it legitimized subsequent EU human rights promotion efforts. Despite this, it was intended by the commission as a tool to engage India in a constructive manner, and the EU never intended it to be used to legitimize more punitive measures, such as the suspension of the agreement.[6]
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POLICY PAPER 💡 | Strengthening EU-India Relations: Advancing a Collaborative Approach on Human Rights @EU_in_India @IndEmbassyBru@Loekkegaard_MEP
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[1] Human Rights Watch. (1999). Behind the Kashmir Conflict. Abuses by Indian Security Forces and Militant Groups Continue. https://www.hrw.org/report/1999/07/01/behind-kashmir-conflict/abuses-indian-security-forces-and-militant-groups-continue
[2] Amnesty International. (2021). Human Rights Violations in Punjab: Use and Abuses of the Law. https://wwwamesty.org/ar/wp-content/uploads/sites/9/2021/06/asa200111991ar.pdf
[3] Human Rights Watch. No End in Sight: Human Rights Violations in Assam. https://www.hrw.org/reports/pdfs/i/indonesa/indones2934.pdf
[4] Jain, R., K. (2017). India, the European Union and Human Rights. India Quarterly
73(4) 411–429. DOI: 10.1177/0974928417731640
[5] Cooperation Agreement between the European Community and the Republic of India on partnership and development. (1994). EUR-Lex. https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A21994A0827%2801%29
[6] Jain, India, the European Union and Human Rights.
