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pursuant to Rule 121(1) of the Rules of Procedure

on the ongoing negotiations on EU-Libya Framework Agreement

Ana Gomes on behalf of the S&D Group

European Parliament recommendation to the Council on the ongoing negotiations on EU-Libya Framework Agreement  

The European Parliament,

–   having regard to the General Affairs and External Relations Council conclusions of 15 October 2007 on opening discussions for a Framework Agreement between the EU and Libya, and to the European Council conclusions of 18-19 June and 29-30 October 2009 on migration-related policies,

–   having regard to the ongoing negotiations between the EU and Libya on a Framework Agreement, to the recently signed Migration Cooperation Agenda and to the current EU-Libya cooperation on migration and HIV-AIDS,


–   having regard to the Universal Declaration of Human Rights of 10 December 1948,


–   having regard to the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the Status of Refugees,


–   having regard to the African Union Convention governing the specific aspects of refugee problems in Africa of September 1969,


–   having regard to the Charter of Fundamental Rights of the European Union,

–   having regard to its resolution of 17 June 2010 on executions in Libya,

–   having regard to Rule 121(1) of its Rules of Procedure,

A. whereas, despite persisting dictatorial rule, Libya has expanding trade and political relations with EU Member States and plays a role as a partner for the EU in the Mediterranean region and in Africa across a wide range of issues, notably migration, development, climate change, security and stability, including countering the spread of extremism, and energy security,

B.  whereas the Framework Agreement currently under negotiation covers a wide range of areas, from strengthening political dialogue to developing trade relations and improving cooperation in various sectors,

C. whereas respect for human rights, democracy and the rule of law, as well as opposition to the death penalty, are fundamental EU principles; whereas the European Parliament is strongly committed to the universal abolition of the death penalty,

D. whereas Libya has not ratified the 1951 UN Convention on Refugees, but has ratified the African Union Convention governing the specific aspects of refugee problems in Africa, which emphasises, in its Article 8, that 'the present Convention shall be the effective regional complement in Africa of the 1951 United Nations Convention on the Status of Refugees' and that 'the Member States shall cooperate with the United Nations High Commissioner for Refugees',

E.  whereas Article 19(2) of the Charter of Fundamental Rights of the European Union bans any removal, expulsion or extradition to a state where there is a serious risk of being subjected to the death penalty, torture or other inhuman or degrading treatment or punishment,

F.  whereas Libya has ratified the International Covenant on Economic, Social and Cultural Rights (1970), the International Covenant on Civil and Political Rights (1970), the International Convention on the Elimination of All Forms of Racial Discrimination (1968), the Convention on the Elimination of All Forms of Discrimination against Women (1989), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1989); the Convention on the Rights of the Child (1993), and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (2004), among other international human rights instruments,

G. whereas, despite persistent serious human rights violations, Libya was recently elected to the United Nations Human Rights Council,

H. whereas, as a consequence of the two points previously mentioned, Libya has specific international legal obligations to respect human rights,

1.  Addresses, in the context of the ongoing Framework Agreement negotiations, the following recommendations to the Council:

      a. Urges the Council to give Parliament access to the mandate issued to the Commission to start the negotiations on a Framework Agreement between the EU and Libya, in accordance with Article 218(10) TFEU, which states that Parliament must be immediately and fully informed at all stages of the procedure;

      b. Urges the Council and the Commission to insist that Libya ratifies the Geneva Convention on Refugees of 1951 and recommends offering assistance to Libya in order to implement its accompanying measures;

      c. Urges the Council and the Commission to request that the Libyan authorities grant UNHCR a legal presence in the country, with a mandate to exercise its full range of protection activities;

      d. Urges the Council to cease pursuing a readmission agreement with Libya, as sending individuals back to a country with a record of continuous human rights violations and the use of the death penalty would be in breach of EU legal obligations to protect human rights; furthermore, calls on the Council to offer refugees identified in Libya a programme of resettlement in EU Member States and to propose measures to address the problem of trafficking of human beings in the region, with special attention to the protection of women and children;

      e. Urges the Council to pursue an agreement on a moratorium on the death penalty in Libya, leading to its abolition, and to call on the Libyan authorities to release information and statistics on the persons executed in Libya since 2008;

      f.  Calls on the Council to strengthen regional synergies on sustainable development and environmental matters, such as climate change, water scarcity and desertification;

      g. Considers that a Framework Agreement should include assistance on institutional capacity-building as a means to strengthen civil society, to support Libyan modernisation efforts, to encourage democratic reforms and to open up political space;

      h. Recommends the establishment of an EU delegation in Tripoli;

2.   Instructs its President to forward this recommendation to the Council and, for information, to the Commission and the governments of the Member States of the European Union.

Last updated: 10 November 2010Legal notice