MOTION FOR A RESOLUTION

12.6.2006

to wind up the debate on the statement by the Council
pursuant to Rule 103(2) of the Rules of Procedure
by Ģirts Valdis Kristovskis
on behalf of the UEN Group
on the human rights situation in Tunisia

B6‑0358/2006

European Parliament resolution on the human rights situation in Tunisia

The European Parliament,

–  having regard to its previous resolutions on the human rights situation in Tunisia, in particular those of 29 September 2005 and 15 December 2005,

–  having regard to the Euro-Mediterranean Association Agreement between the European Union and Tunisia, and in particular Article 2 thereof,

–  having regard to the Commission Communication of 21 May 2003, entitled 'Reinvigorating EU actions on human rights and democratisation with Mediterranean partners' (COM(2003)0294),

–  having regard to the Commission Communication of 12 April 2005, entitled the 'Tenth Anniversary of the Euro-Mediterranean Partnership: A work programme to meet the challenges of the next five years' (COM(2005)0139),

–  having regard to the Commission Communication on the European Neighbourhood Policy of 12 May 2004,

–  having regard to the EU Guidelines on human rights defenders, adopted by the Council in June 2004,

–  having regard to its resolution of 14 February 2006 on the human rights and democracy clause in European Union agreements,

–  having regard to the initiative carried out by the Presidencies of the European Union between September 2005 and May 2006 regarding human rights in Tunisia,

–  having regard to the fact that Tunisia has held the Presidency of the Euro-Mediterranean Parliamentary Assembly since 1 April 2006,

–  having regard to the election of Tunisia to the UN Human Rights Council,

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

A.  whereas Tunisia has always played a significant role in the development of political and economic relations between the two shores of the Mediterranean,

B.  whereas the promotion of human rights, democracy and the rule of law constitutes an essential element of the EU-Tunisia Association Agreement, in particular Article 2 thereof, and the Tunisia Action Plan in the framework of the EU Neighbourhood Policy,

C.  whereas, under the Action Plan, Tunisia has committed itself to promote democracy and respect for fundamental freedoms in accordance with international standards and whereas meeting these commitments is a fundamental element in the development of relations between the European Union and Tunisia,

D.  whereas, during the debate of 13 December 2005 on human rights in Tunisia, the President of the Council and the representative of the Commission drew attention to serious restrictions in fundamental freedoms, in particular the freedom of expression and association, and in the independence of the judiciary in Tunisia,

E.  whereas the Commission has requested the Tunisian authorities immediately to release the European funds allocated to civil society projects, to implement the reform of the legal system and to create a human rights subcommittee; whereas, however, the only progress achieved is the conclusion of a financing agreement for the reform of the legal system,

F.  whereas the Law on the Supreme Institute for Lawyers, adopted by the Tunisian Parliament at the beginning of May without consultations with lawyers, will consequently give the Government full control over the Supreme Institute for Lawyers, and the training and selection of Tunisian lawyers in the future,

G.  whereas Tunisian lawyers working for the independence of the judiciary have been systematically harassed, one instance of this being the detention of the lawyer Mohammed Abbou and others; noting that, in spite of several requests for a visit, the UN Special Rapporteur on the Independence of Judges and Lawyers has still not received an invitation from the Tunisian Government,

H.  whereas the renewed prohibition of the Congress of the Tunisian League of Human Rights (LTDH) on 27 and 28 May 2006 and the continued use of force and violence against human rights activists and international observers raise concerns,

I.  whereas the limitations and ineffectiveness of the measures taken up to now by the Council and the Commission have become apparent as the situation of the rights and freedoms of people in Tunisia has worsened; pointing out, in this respect, that the Commission should review the human rights situation in Tunisia and decide, in the absence of progress, if additional measures should be taken,

J.  whereas Tunisia has held the Presidency of the Euro-Mediterranean Parliamentary Assembly since 1 April 2006,

1.  Notes that Tunisia and the EU have been linked since 1998 by a Euro-Mediterranean association agreement, Article 2 of which contains a human rights clause that constitutes an essential element of that agreement;

2.  Expects Tunisia, in terms of human rights policy, to behave in a manner which is in keeping with the role this country has played and is playing in the reinforcement of Euro-Mediterranean relations, which includes respect for freedom of expression and association, as guaranteed in the international instruments ratified by Tunisia;

3.  Calls on the Council and the Commission to convene together a meeting of the EU-Tunisia Association Council in order to discuss the human rights situation in Tunisia; calls also for the adoption of a strict reform timetable within the framework of the implementation of the Action Plan adopted by Tunisia and the EU;

4.  Calls on the Council and the Commission to take appropriate steps to ensure that the Tunisian authorities:

• (a)immediately unblock all funds which the European Union has transferred for the financing of various civil society projects,
• (b)end all acts of violence and intimidation against human rights defenders, members of the LTDH and magistrates,
• (c)release the lawyer and HRD prisoner of conscience Mohammed Abbou,
• (d)suspend and revise the Law on the Supreme Institute for Lawyers;

5.  Urges the Commission to take all the necessary mesaures to ensure that the project for the reform of the judicial system in Tunisia guarantees the independence of the judiciary and freedom of action for magistrates; calls also on the Tunisian authorities to accept the visit of the United Nations Special Rapporteur on the Independence of Judges and Lawyers;

6.  Calls for the Human Rights Subcommittee set up under the Action Plan to be allowed to operate fully, in order to follow and evaluate the implementation of reforms in Tunisia aimed at promoting freedom of association and expression and establishing an independent judiciary, and to ensure that the state cooperates with the special mechanisms of the United Nations;

7.  Considers that the implementation of all the above-mentioned reforms should be regarded as a priority of the partnership between the EU and Tunisia and as a fundamental element in furthering the development of relations between the EU and Tunisia;

8.  Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the UN, the governments and parliaments of the Member States and the Government and Parliament of Tunisia.