La Centralità dei diritti umani nell'evoluzione del partenariato: confronto tra l'Accordo di Cotonou e il nuovo Accordo di partenariato

Abstract

In the new ACP-EU Partnership Agreement, known as the Samoa Agreement, human rights remain central, in continuity with the Cotonou Agreement. At first reading, strengthening the rules seems to be a positive step; However, a critical analysis reveals that such reinforcement risks being purely formal if it is not accompanied by concrete implementation mechanisms. The real effectiveness of the protection of human rights depends on adaptation to the cultural, political and legal specificities of individual local contexts. In addition, the strengthening of individual rights can come into tension with the needs of public order or national security, generating conflicts between personal freedom and collective interests. Therefore, it is necessary to carefully assess the effective application of the measures adopted, to verify whether the declared reinforcement is substantial or simply symbolic.From a legal point of view, the Cotonou Agreement dealt with human rights mainly in article 9 of Title II, laying the foundations for possible sanctions in the event of violations, through a consultation procedure. The new Agreement seems to give greater centrality to human rights, but it remains to be seen whether this emphasis will translate into concrete results