MOTION FOR A RESOLUTION

12.6.2006

to wind up the debate on statements by the European Council and Commission
pursuant to Rule 103(2) of the Rules of Procedure
by Pasqualina Napoletano, Catherine Trautmann, Carlos Carnero González and Alain Hutchinson
on behalf of the PSE Group
on human rights in Tunisia

B6‑0351/2006

European Parliament resolution on human rights in Tunisia

The European Parliament,

–  having regard to its earlier resolutions on the human rights situation in Tunisia and in particular those adopted on 27 September 2005 and 15 December 2005,

–  having regard to the Euro-Mediterranean association agreement between the European Union and Tunisia which came into force on 1 March 1998,

–  having regard to the Commission Communication Reinvigorating EU actions on Human Rights and democratisation with Mediterranean partners of May 2003,

–  having regard to the Commission Communication of April 2005 on the Tenth Anniversary of the Euro-Mediterranean Partnership: A Work Programme to meet the challenges of the next five years,

–  having regard to the Commission Communication on the European Neighbourhood Policy of 12 May 2004 and its EU-Tunisia action plan which came into force on 4 July 2005,

–  having regard to the Council's guidelines on the protection of human rights defenders adopted in June 2004,

–  having regard to its report on the human rights and democracy clause in European Union agreements adopted on 16 February 2006,

–  having regard to the measures taken by the Presidencies of the European Union on human rights in Tunisia from September 2005 to May 2006,

–  having regard to the appointment of Tunisia to the Presidency of the EMPA on 1 April 2006,

–  having regard to the meeting of the Political Committee of the EMPA of 7 June 2006,

–  having regard to the election of Tunisia to the United Nations Human Rights Council and its commitments on human rights,

–  having regard to Rule 103(2) of its Rules of Procedure,

A.  whereas human rights are an essential element of the European Union's relations with Tunisia pursuant to Article 2 of the EU-Tunisia association agreement and its action plan under the European Neighbourhood Policy,

B.  whereas in this action plan Tunisia has undertaken to promote democracy and respect for fundamental freedoms in accordance with international conventions and whereas the implementation of these commitments is a fundamental element of the development of relations between the European Union and Tunisia,

C.  whereas the statements by the President-in-Office of the Council and the European Commission during the debate on 13 December 2005 on human rights in Tunisia reported serious restrictions on fundamental freedoms and, in particular, freedom of expression, freedom of association and the independence of the judiciary in Tunisia,

D.  recalling the three demands made by the European Commission on the Tunisian authorities on that date including the immediate release of European funds allocated to civil society projects, the implementation of the programme of reform of the judicial system and the setting-up of a human rights subcommittee; noting, in this context, that the only result obtained by the European Commission has been the conclusion of an agreement on the funding of judicial reform,

E.  whereas, in this context, the law creating a higher Institute for the training of lawyers, provided for by that agreement, was adopted at the beginning of May by the Tunisian Parliament without the outcome of consultations with the council of lawyers having been taken into account and whereas, consequently, the executive exercises control over the training and selection of future Tunisian lawyers; drawing attention to the virtually systematic harassment of Tunisian lawyers working for an independent judicial system and the detention for more than a year of the lawyer Mohammed Abbou; noting with interest that despite several requests to visit, the UN Special rapporteur on the independence of judges and lawyers has still not received any invitation from the Tunisian government,

F.  concerned by the ban on the Congress of the Tunisian Human Rights League (LTDH) scheduled for 27 and 28 May 2006 and by the use of force and violence against human rights defenders and international observers; recalling in this context that the LTDH, the first Arab and African human rights league, is one of the pillars of independent civil society in Tunisia,

G.  whereas the human rights and freedoms situation in Tunisia has become a matter of particular concern and the measures so far taken by the Council and Commission have clearly demonstrated their limits; recalling, in this connection, the European Union's commitment to applying the guidelines on the protection of human rights defenders and the European Commission's commitment to re-examine at the start of 2006 with the Member States the human rights situation in Tunisia and to decide, in the absence of progress, whether additional measures should be taken,

H.  whereas Tunisia has held the Presidency of the Euro-Mediterranean Parliamentary Assembly (EMPA) since 1 April 2006 and this entails a major responsibility for Tunisia in promoting democracy and human rights within the framework of the Euro-Mediterranean partnership,

1.  Points out that Tunisia and the European Union have been linked since 1998 by a Euro-Mediterranean association agreement, Article 2 of which contains a human rights clause which is an essential element of that agreement;

2.  Deplores the deterioration in freedoms and human rights in Tunisia and calls on the Tunisian authorities to comply, in the strict sense, with their international commitments on respecting human rights and democracy;

3.  Hopes that the work of the EMPA will be facilitated by better cooperation between the Tunisian Presidency in terms of respecting human rights and expects to see significant improvements that will enable it to cooperate fully within this forum, in particular with regard to the activities of the EMPA in Tunisia in itself;

4.  Calls on the Presidency of the Union to make a public statement on the ban on the holding of the LTDH Congress and the violent attacks on human rights defenders and Tunisian judges;

5.  Reiterates its call on the Council and Commission to convene an association council to discuss the human rights situation in Tunisia; calls for the adoption, on that occasion, of a binding timetable for reforms as part of implementation of the action plan adopted by Tunisia and the EU;

6.  Calls, in this context, on the Council of Commission to make the necessary representations to the Tunisian authorities without delay to ensure that the European funds allocated to civil society projects are released, that the harassment and intimidation of human rights defenders and the LTDH, judges and the bar are brought to an end, that the lawyer, Mohammed Abbou is released and that the law setting up the lawyers training Institute is suspended and revised;

7.  Calls on the European Commission to make every effort to ensure that the plan to support reform of the judicial system guarantees the independence of the judiciary and the freedom of action of judges; at the same time, calls on the Tunisian authorities to agree to a visit by the United Nations Special Rapporteur on the independence of judges and lawyers;

8.  Calls for the establishment and convening of a Human Rights subcommittee, as provided for in the action plan, to monitor and assess the implementation of reforms in Tunisia relating principally to the promotion of freedom of association and freedom expression, the establishment of an independent judiciary and full and unrestricted cooperation with the United Nations special mechanisms;

9.  Considers that the implementation of all these reforms must be regarded as a priority for the partnership between the EU and Tunisia and a crucial element in the development of relations between the European Union and Tunisia; considers, in this context, that if this agenda is not complied with, the Council and Commission should take the necessary action under the association agreement;

10.  Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, the Tunisian Government and the Tunisian Parliament.