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Предложение за резолюция - B8-1002/2015Предложение за резолюция
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    MOTION FOR A RESOLUTION on the situation in Thailand

    6.10.2015 - (2015/2875(RSP))

    with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
    pursuant to Rule 135 of the Rules of Procedure

    Mark Demesmaeker, Angel Dzhambazki, Ruža Tomašić, Tomasz Piotr Poręba, Ryszard Antoni Legutko, Ryszard Czarnecki, Branislav Škripek, Beatrix von Storch on behalf of the ECR Group

    See also joint motion for a resolution RC-B8-1002/2015

    NB: This motion for a resolution is available in the original language only.
    Процедура : 2015/2875(RSP)
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    European Parliament resolution on the situation in Thailand


    The European Parliament,

    - having regard to its previous resolutions on Thailand of 5 February 2009, 20 May 2010, 17 February 2011 and 6 February 2014,

    - having regard to its resolution of 21 May 2015 on the plight of Rohingya refugees, including the mass graves in Thailand,

    - having regard to the Council conclusions on Thailand of the Foreign Affairs Council of 23 June 2014,

    - having regard to the statement by the UN Refugee Agency (UNHCR) of 6 May 2015 concerning Rohingya mass graves in Thailand,

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

    - having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966,

    - having regard to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT),

    - having regard to the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED),

    - having regard to the Association of Southeast Asian Nations Human Rights Declaration,

    - having regard to the Human rights analysis of the 2014 Interim Constitution of the Kingdom of Thailand by the United Nations Office of High Commissioner for Human Rights (OHCHR),

    - having regard to Rule 135 of its Rules of Procedure,

    A.  whereas on 22 May 2014 the Royal Thai Armed Forces staged a coup d'état after months of political crisis, establishing the National Council for Peace and Order (NCPO), a military junta, which took control of the country, suspended the 2007 constitution and issued the 2014 interim constitution;

    B.   whereas the NCPO established the National Assembly of Thailand, consisting of 250 members selected by the ruling junta, which on 21 August 2014 elected the army chief, General Prayuth Chan-ocha, as prime minister;

    C.   whereas the replacement of martial law by Order Number 3/2015 does not bring                                Thailand closer to democratic and accountable government;

    D.   whereas on 29 August 2015 the Constituent Committee completed the drafting of a      new constitution, before being rejected by the National Reform Council on 6   September 2015; whereas a new Constituent Committee needs to re-draft the   constitution within 180 days;

    E.   whereas the rejection of the draft constitution is a blow to freedom and democracy       with new elections unlikely for the foreseeable future and a constitution which may   further entrench military rule;

    F.   whereas the interim constitution recognises human rights and liberties arising from                     democratic traditions and international obligations of Thailand, but the NCPO has     broad authority to limit, suspend or suppress fundamental human rights protections     and is granted immunity for its actions;

    G.  whereas the NCPO has severely repressed the rights to freedom of opinion, expression and freedom of the media by blocking websites and media censorship;

    H.   whereas he NCPO has banned public gatherings of more than five people, prohibits                 alleged anti-coup activities and perceives political discussions and debates to be a       threat to stability and national security;

    I.    whereas since the coup, the military junta has detained hundreds of politicians, activists, journalists, and people that it accused of supporting the deposed government,   disrespecting the monarchy, or being involved in anti-coup protests and activities; whereas the NCPO has refused to provide details about the release of detainees, many whom were held without charge, and continues to arrest and detain others;

    J.    whereas the absence of measures to allow public participation in the selection of key                institutions appears to violate ICCPR Article 25(a);

    K.  whereas Yingluck Shinawatra, Thailand's democratically-elected leader from 2011-                 2014, is facing politically motivated criminal charges and a ban from political office     on the basis of unproven allegations of corruption;

    L.   whereas Thailand signed the International Convention for the Protection of All                         Persons from Enforced Disappearance in January 2012, but has taken no steps to ratify     the treaty; whereas the penal code does not recognize enforced disappearance as a     criminal offense; whereas Thai authorities have failed to make a priority of solving     any of the 64 known cases of enforced disappearance;

    M.  whereas since January 2004, more than 6,000 people have been killed in a brutal                    internal armed conflict within Thailand’s southern border provinces of Pattani, Yala, and Narathiwat; whereas despite a reduction in violent incidents following the resumption of peace dialogues in August 2015 between the Thai government and Barisan Revolusi Nasional (BRN) and other separatist groups in the loose network of Majlis Syura Patani (Mara Patani), both sides have frequently committed human rights abuses and violations of the laws of war;

    N. whereas Thailand will be subject to the United Nations Universal Periodic Review in 2016;

    O. whereas the EU has suspended fledgling negotiations with Thailand on the bi-lateral Free Trade Agreement, commenced in 2013, and refuses to sign the Partnership and   Cooperation Agreement (PCA) finalised in November 2013, until a democratic   government is in place; whereas Europe is Thailand’s third largest trade partner;


    1.  is deeply concerned about the deteriorating human rights situation in Thailand after the illegal coup of May 2014;


    2.  calls on the government to immediately revoke section 44 of the interim constitution and related provisions that serve as a basis for Thai authorities to repress fundamental freedoms and commit human rights violations with impunity;


    3.  stresses the need for a clear timeline for a return to the legitimate democratic process and the Constitution through credible and inclusive elections;


    4.  calls on the government to ensure a broad-based and inclusive process in the drafting of a new constitution, which should be approved by popular referendum;


    5.  suggests inviting an independent international body to assist and oversee the constitution drafting process, to ensure its fairness, legitimacy and respect of democratic fundamental principles and to ensure a clear separation of powers;


    6.  urges the government to stop all media censorship and to immediately end all infringement on the rights to freedom of expression, association and peaceful assembly under section 44 of the 2014 interim constitution, the Computer Crimes Act, and articles 112 and 116 of the Penal Code; calls for an immediate and unconditional release of all political prisoners; applauds the acquittal of both journalists Chutima Sidasathian and Alan Morison on 1 September 2015;


    7.  calls on the government to cease the use of military detention and trials of civilians in military courts; reiterates that the rule of law and the protection and promotion of human rights should underpin progress towards the full restoration of democratic governance;


    8.  urges the politically motivated charges against Yingluck Shinawatra and Shinawatra family members to be dropped;


    9.  notes the criminal charges of defamation being brought against British citizen, Andrew Hall, by the National Fruit Company of Thailand, following his authoring of a report into migrant workers' rights at the company; calls on the Thai authorities to ensure that he is guaranteed a fair trial and to ensure that this case does not become politicised, acting as a deterrent to other human rights activists and groups operating in the country;


    10.  calls for an international enquiry into human rights violations by the ruling military junta;


    11.  calls for an impartial and transparent inquiry into enforced disappearance cases and prosecute all those responsible and to ratify the ICCPED;


    12.  calls on the government to ensure that any comprehensive strategy dealing with the southern insurgency is fully in accordance with international human rights and humanitarian law; urges the government to carry out an impartial investigation into allegations of abuses by security personnel and government officials, and to prosecute those responsible;


    13.  notes that Thailand is not a signatory to the 1951 Refugee Convention and its 1967 Protocol;


    14.  supports the European Commission and EEAS in maintaining economic and political pressure in order to ensure Thailand's return to democratic governance; reminds the government again in this respect that no progress should be expected on the FTA and PCA between EU and Thailand as long as the military junta remains in power;


    15.  instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Government and Parliament of Thailand, the Secretary-General of the Association of Southeast Asian Nations (ASEAN) and the ASEAN Intergovernmental Commission on Human Rights.