MOTION FOR A RESOLUTION on Guinea Conakry, notably violence towards protesters

11.2.2020 - (2020/2551(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 144 of the Rules of Procedure

Anna Fotyga, Karol Karski, Angel Dzhambazki, Assita Kanko, Carlo Fidanza, Raffaele Fitto, Emmanouil Fragkos, Ruža Tomašić, Jadwiga Wiśniewska, Adam Bielan, Joanna Kopcińska, Veronika Vrecionová, Jan Zahradil
on behalf of the ECR Group

See also joint motion for a resolution RC-B9-0104/2020

B9‑0108/2020

European Parliament resolution on Guinea Conakry, notably violence towards protesters

(2020/2551(RSP))

The European Parliament,

— having regard to Rule 144 of its Rules of Procedure,

— having regard to the Constitution of the Republic of Guinea, 2010,

— having regard to the ACP-EU Joint Parliamentary Assembly, 31 October 2019,

— having regard to its resolution, 22 October 2009,

— having regard to the Cotonou Agreement,

— having regard to the Universal Declaration of Human Rights,

— having regard to the 1966 International Covenant on Civil and Political Rights,

— having regard to the African Charter on Human and Peoples’ Rights,

— having regard to the African Charter on Democracy, Elections and Governance,

— having regard to the United Nations Convention against Torture of 1985,

— having regard to the Joint Statement of the United Nations, the European Union and the Embassies of the United States and France in Guinea, 5 November 2019,

— having regard to the EEAS « Troisième session du dialogue politique Union européenne – Rép. de Guinée », 30 January 2019

— regarding the Report of the Office of the United Nations High Commissioner for Human Rights, 20–31 January 2020,

— having regard to the findings of European Union Delegation to Guinea, 23 April 2018,

— having regard to the UNOWAS statement on the “Unprecedented terrorist violence’ in West Africa, Sahel region, 8 January 2020,

— having regard to the OHCHR Press briefing note on Guinea, 25 October 2019,

— having regards to the reports of the International Crisis Group,

— having regard to the Union’s guidelines on development priorities,

— having regard to the motion for a resolution of the Committee on [Development],

A. whereas the security situation in Guinea has deteriorated greatly over the past years; whereas the security situation has also deteriorated in central Mali, western Niger and northern Burkina Faso; whereas protests have taken place against the government’s plans for a constitutional referendum to the 2010 Guinean Constitution, scheduled for February 2020, which would allow for president Condé to seek a third term; whereas this resulted in regional partners, including the Economic Community of West African States (ECOWAS) and the African Commission on Human and Peoples' Rights (ACHPR) getting involved and seeking to put an end to the human rights abuses;

B. whereas that the government has failed to adequately regulate the industry and ensure companies respect the environment and the rights of local communities, resulting in mining companies having expropriated ancestral farmlands without adequate compensation, threatening tens of thousands of people’s livelihoods; whereas it was reported that between February and May 2019, the Guinean government forcibly evicted more than 20,000 people from neighbourhoods in Conakry in order to provide land for government ministries, foreign embassies, businesses, and other public works, contributing to the systemic degradation of human rights in the country;

C. whereas in an already unstable political environment and civilian unrest, there have been reports of violence, abuse of power and extrajudicial killings by armed forces and other security forces during the most recent encounters between protestors and government armed forces over the imminent constitutional reform and presidential elections; whereas early January 2020, security forces were reported to disproportionately harden their crackdown on protests against President Condé’s alleged plan to run for a third term leaving at least six dead; whereas protesters gathered on 3, 6, 13, 21, 22, and 23 January in the capital Conakry among other cities; whereas tens of thousands took to the streets on Monday 3 January 2020, in an anti-government protest, which resulted in 12 participants seriously injured; whereas it was reported, that pro-government supporters vandalised, ransacked and pillaged property; whereas clashes with security forces left two civilians dead in Conakry on 13 January, one in the regional capital Labé and three others in Labé on 23 January; whereas it was reported that protesters had vanadalised government buildings in the strongholds of the main opposition party Union of Democratic Forces of Guinea on January 14; whereas on 21 January a police station and prison in Dalaba were reported to have been ransacked, freeing seventeen prisoners and looting guns; whereas there were reports of a burnt down police station in Télimélé on January 21;

D. whereas the Human Rights Committee recommended that Guinea begin the process of accession to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; whereas the United Nations country team in Guinea recommended that Guinea ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; whereas the United Nations country team noted that Guinea had yet to respond to the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, regarding their requests to visit the country;

E. whereas that the government has failed to adequately regulate the industry and ensure companies respect the environment and the rights of local communities. Mining companies have expropriated ancestral farmlands without adequate compensation, threatening tens of thousands of people’s livelihoods; whereas it was reported that between February and May 2019, the Guinean government forcibly evicted more than 20,000 people from neighbourhoods in Conakry in order to provide land for government ministries, foreign embassies, businesses, and other public works, contributing to the systemic degradation of human rights in the country;

F. whereas, although the 2015 law requires that any use of force by the security forces be necessary and proportionate, members of the police and gendarmerie continue to be implicated in numerous incidents of excessive use of lethal force as they responded to the often-violent street protests; whereas violent encounters have resulted in numerous deaths during the presidential elections in 2015, protests in 2018 and 2019, to name a few; whereas the government had failed to adequately investigate the alleged killings resulting from misconduct by security forces and use of violence by demonstrators in 2018; whereas, in June 2019, the National Assembly adopted a law on the use of force by the gendarmerie which could be used to shield gendarmes who use excessive force from prosecution;

G. whereas Guinea, as part of a larger cluster, has experienced a devastating surge in terrorist attacks against civilian and military targets; whereas the UNOWAS identified unresolved grievance, incomplete national reconciliation processes and sentiments of manipulation of institutions and processes as the root causes of tensions and manifestations of political violence;

H. whereas the United Nations, the European Union and the Embassies of the United States and France in Guinea have condemned the use of violence to repress provocation; whereas they have urged authorities to prioritize effective management of public demonstrations by security forces, use restraint and refrain from any acts of violence; whereas it was called upon the Guinean people to claim their rights without resort to violence;

I. whereas the European Union has worked together with the government and local actors with the goal to reinforce democratic governance, to enhance security, access to independent justice and support the development of a modern administration and the rule of law, among other areas;

1. Urges all parties to immediately engage in nonviolent civil dialogue and focus on ensuring a safe and secure environment for the upcoming presidential elections; Questions, whether the process will be free, fair, and transparent and accurately reflect the will of all eligible voters; Calls on the government to respect the Guinean constitution and reiterates the importance of upholding the rights to freedom of assembly and peaceful protests as violence, repression, and political intimidation have no place in a democracy.; The Government of Guinea should implement the United Nations’ recommendations for voter rolls and uphold its commitment to an inclusive national consultation on the new constitution.

2. Calls upon all protestors, regardless of political affiliation, to refrain from violence. Strongly condemns the reported extrajudicial slaughters by the Guinean security forces and the use of live rounds for forceful repression, extrajudicial killings and intimidation. Urges the security forces to respect the rights of all citizens to participate in peaceful protests. Extends its sincere condolences to the families of the victims, which have been a result of the recent violent encounters;

3. Calls for those, who are found to have committed such atrocious acts of violence against peaceful protestors to be held accountable for their actions. Calls upon the Government of Guinea to investigate fully all deaths associated with demonstrations and to make the results of these investigations public. Reminds, that the right to a fair trial is a fundamental right and the due process of judicial doctrine, in line with the constitution and basic rights is to be respected at all times.

4. Reminds all political actors of their constitutional duty, in addition to their moral duty, to uphold the law, ensure safety for their citizens and always and at all times work towards improving their everyday lives.

5. 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 Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, and the President, Government and Parliament of the Republic of Guinea.