with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Pasqualina Napoletano, Jan Marinus Wiersma, Reino Paasilinna
on behalf of the PSE Group
on NGO legislation in Russia
NB: This motion for a resolution is available in the original language only.
European Parliament resolution on NGO legislation in Russia
B6‑0645/2005
The European Parliament,
–
having regard to its previous resolutions on Russia, particularly the one on EU-Russia relations adopted on 26 May 2005,
– having regard to the single package of road maps for the creation of the four Common Spaces adopted at the EU-Russia Summit on 10 May 2005 in Moscow, providing an updated framework for EU-Russia relations,
–
having regard to the objectives of consolidation of political freedoms and democracy in the Russian Federation as set out in the EU-Russia Partnership and Co-operation Agreement, which entered into force on 1 December 1997,
– having regard to EU-Russia consultations on human rights, minorities and fundamental freedoms, which took place in March and September 2005,
–
having regard to the Council of Europe Provisional Opinion on amendments to federal laws of the Russian Federation regarding non-profit organisations (NPOs) and public associations,
– having regard to the comments and proposals by the Russian President Vladimir Putin, which were sent to the Chairman of the State Duma Boris Gryzlov on 9 December 2005,
–
having regard to Rule 115(5) of its Rules of Procedure,
A.
whereas full respect for human rights and fundamental freedoms is a necessary pre-condition for the successful development of EU-Russia co-operation, particularly in the framework of the "four common spaces",
B.
whereas independent, non-governmental (NGOs) and non-profit organisations (NPOs) are key to developing a strong and well-functioning civil society, whereas non-governmental organisations now number around 70,000 in Russia, ranging from children's charities to neighbourhood associations and from homeless shelters to consumer groups,
C.
whereas freedom of association is of fundamental importance for a democratic society,
D.
whereas, similarly to all EU Member States, the Russian Federation has undertaken commitments with respect to the freedom of assembly under the European Convention for the Protection of Human Rights and Fundamental Freedoms, which is explicitly referred to in the Treaty on European Union,
E.
whereas on 23 November 2005, the State Duma passed amendments in first reading to a number of Federal laws of the Russian Federation dealing with non-profit organisations and public associations,
F.
whereas deep public concerns have been expressed both in Russia and internationally over those amendments potentially restricting the freedom of association in the Russian Federation,
G.
whereas subsequently the Russian Federation sought advice and expertise from the Council of Europe,
H.
whereas, according to the Provisional Opinion of the Council of Europe, some aspects of the legislation concerning administrative and fiscal requirements for the registration of non-governmental and non-profit organisations, participation of foreign nationals and minors, the authorities' powers of supervision over NGO activities as well as the grounds for their dissolution, are too restrictive,
1.
Acknowledges the right of the Russian legislators to pursue the legitimate objectives of combating terrorism, money laundering and corruption; at the same time considers that in order to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms, any restrictions on the freedom of assembly must not go beyond what is necessary and proportionate to achieve these goals;
2.
Expresses serious concern over the legislative amendments in their current form potentially curtailing the activities of numerous Russian non-profit and non-governmental organisations, which make a vital contribution to the democratic, social and economic development of Russia;
3.
Interprets the Russian Government's request for the advice of the Council of Europe on the proposed amendments as a sign of willingness to comply with international human rights standards; fully endorses the recommendations expressed by the Council of Europe in its Provisional Opinion and calls on the Russian Federation to take them fully into account;
4.
Welcomes as a step in the right direction the latest proposals made by the Russian President Vladimir Putin, suggesting that the draft legislative amendments should be substantially rewritten; notes with satisfaction that some of the Council of Europe recommendations have been taken into account in the presidential review;
5.
Hopes that the Russian legislators will provide a clear definition of unacceptable political activities forbidden for financing from foreign sources, establish that a decision of a judicial and not of a supervising authority is the only ground for dissolution of NGOs and NPOs, choose not to introduce the requirement of permanent residence for non-nationals as well as the age requirement, ensure the right of non-nationals to establish NGOs in Russia and participate in their work, ease the proposed powers of supervision by the authorities over NGOs, particularly in what concerns the requirements of financial accountability for the means proceeding from foreign sponsors;
6.
Appeals to the Russian Duma to take the necessary time in order to review and improve the amendments in the light of the recommendations expressed in the Presidential review, the Council of Europe Provisional Opinion and this Resolution;
7.
Urges the Russian Federation to become party to the European Convention on the Recognition of the Legal Personality of International NGOs (ETS 124);
8.
Strongly supports the activities of human rights and other NGOs in Russia; Considers the discussions on the draft amendments unfolding in the Russian society of vital importance for the further democratic development of the country, and calls upon the authorities to continue the dialogue with the Russian civil society and the international community taking into account their legitimate concerns and proposals on this matter.
9.
Calls on the Government of the Russian Federation, in line with its international commitments, to investigate fully all cases of abuse or intimidation against NGOs and individual activists, in particular the ones covering the human rights situation in Chechnya; expresses concern over the spread of military and civil violence also to other regions;
10.
Emphasises that good-neighbourly relations and cooperation between the EU and Russia are crucial for the stability, security and prosperity across the whole of the European continent and that these relations must be based on common values, thus encompassing human rights, the rule of law and democracy;
11.
Calls on the Commission and the Council to continue discussions with the Russian Federation on the issue of its NGOs legislation and to increase financial assistance to NGOs working in Russia and to provide them all other kinds of support;
12.
Instructs its President to forward this resolution to the Council, the Commission, and the Governments and Parliaments of the Member States and of Russia.