Index 
Texts adopted
Thursday, 15 January 2009 - Strasbourg
Budgetary control of EU funds in Afghanistan
 Equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
 Situation in the Gaza Strip
 Situation in the Horn of Africa
 EU strategy towards Belarus
 Srebrenica
 Iran: the case of Shirin Ebadi
 Guinea
 Press freedom in Kenya

Budgetary control of EU funds in Afghanistan
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European Parliament resolution of 15 January 2009 on budgetary control of EU funds in Afghanistan (2008/2152(INI))
P6_TA(2009)0023A6-0488/2008

The European Parliament,

-   having regard to its previous resolutions on Afghanistan and, in particular, that of 8 July 2008(1),

-   having regard to the conferences of Bonn (2001), Tokyo (2002) and Berlin (2004), at which the UN, the EU and the international community committed themselves to granting a total in excess of EUR 8 000 000 000 in international aid to Afghanistan; having regard to the London conference of 2006, which saw the signing of the 'Pact for Afghanistan',

-   having regard to the national development strategy agreed in early 2008 by the Afghan Government, which is also the country's poverty reduction strategy,

-   having regard to the Paris conference of 12 June 2008 at which the donor countries promised Afghanistan more than USD 21 000 000 000 in aid,

-   having regard to the commitments made by the EU at the above-mentioned Paris conference concerning the effectiveness of aid to Afghanistan, as well as to the EU code of conduct on complementarity and the division of labour in development policy, adopted in 2007,

-   having regard to its resolution of 22 April 2008 with observations forming an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section III - Commission(2), and, notably, paragraphs 181 to 200 thereof (external action, humanitarian aid and development),

-   having regard to the Country Strategy Paper for 2003-2006 adopted by the Commission in agreement with Parliament, with its stress on stability and poverty reduction,

-   having regard to the Country Strategy Paper for 2007-2013 and the Multi-Annual Indicative Programme (MIP) 2007 - 2010 adopted by the Commission in agreement with Parliament, the latter of which makes provision for the sum of EUR 610 000 000 to be given to the Islamic Republic of Afghanistan over the financial years 2007 to 2010,

-   having regard to the visit of an EP delegation to Afghanistan from 26 April to 1 May 2008 with the purpose of examining the conditions of implementation of Community and international aid, and to the relevant mission report,

-   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(3), and in particular Article 53 thereof,

-   having regard to Articles 285 to 287 of the Treaty on the Functioning of the European Union on the Court of Auditors and to Articles 310 to 325 of that Treaty on financial provisions, which will enter into force following the completion of the process of ratification of the Treaty of Lisbon modifying the Treaty on European Union and the Treaty establishing the European Community,

-   having regard to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(4),

−   having regard to the Millennium Development Goals (MDGs) and targets set out in the Millennium Declaration adopted by the UN on 8 September 2000 and signed by 189 countries,

−   having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (Development Cooperation Instrument - DCI)(5),

-   having regard to Rule 45 of its Rules of Procedure,

-   having regard to the report of the Committee on Budgetary Control and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on Budgets (A6-0488/2008),

A.   whereas Afghanistan has been in a state of near-permanent conflict or war for several decades, and its central government, apart from having to deal with drug trafficking and endemic corruption at all administrative levels, has been constantly and chronically affected by weak structures, a lack of capacity and expertise, and a paucity of resources, with a level of budget revenue that covers scarcely 30% of total expenditure,

B.   whereas Afghanistan's grave circumstances necessitate a rapid improvement in governance by means of the emergence of a stronger state that can offer its people security and the rule of law and can create the conditions necessary for sustainable national development,

C.   whereas, in the current climate of global economic slowdown, it is especially important to ensure effective control of EU development cooperation funding,

D.   whereas Article 25(1)(b) of the DCI determines the conditions for providing budget support to partner countries,

E.   whereas accountability, transparency and managing for results are among the main principles guiding development cooperation according to several international conventions, including the Paris Declaration on Aid Effectiveness ("the Paris Declaration"),

F.   whereas in Afghanistan 90 % of public money comes from international aid, which illustrates the high levels of both need and aid dependency in the country,

Distribution of EU aid

1.  Stresses that the EU is one of Afghanistan's main donors of development aid and humanitarian assistance; recalls that the Commission, which has had a delegation in Kabul since 2002, between 2002 and 2007 granted aid totalling EUR 1 400 000 000 (including EUR 174 000 000 in humanitarian aid), and that payments made so far are in the region of EUR 1 150 000 000, constituting a very high disbursement rate of 81,5%;

2.  Notes that EU aid consists of both direct and indirect aid, and that between 2002 and 2007 direct Community aid, which accounts for 70% of the total (EUR 970 000 000), was activated by the Commission's services in the form of funding conventions with the Afghan state, contracts with providers of services, supplies or works and subsidy agreements with international organisations or European or local NGOs, while indirect aid is managed essentially by the UN and the World Bank (13% and 17% respectively of total funds);

Priority areas for aid

3.  Recalls that the Commission's Country Strategy Paper (CSP) for 2003-2006 for Afghanistan aimed at establishing the necessary conditions for sustainable development and poverty reduction and was targeted on the following priorities: reform of the public administration (EUR 212 000 000); the fight against drug trafficking (EUR 95 000 000); food security (EUR 203 000 000); infrastructure (EUR 90 000 000); health (EUR 50 000 000); refugees (EUR 38 000 000); demining (EUR 47 200 000); for 2007-2013, the CSP for Afghanistan proposes two long-term priority objectives, namely sustainable development and the fight against poverty;

4.  Notes that, with a view to realising those two long-term priority objectives for 2007-2013, the focal areas for the allocation of aid are governance, rural development and health, with additional non focal areas of intervention being defined as social protection, regional cooperation and demining;

5.  Recalls that gender equality and women's rights are recognised as vital issues, both in the Afghan Government's national development strategy and in the CSP 2007-2013, which establishes that the gender dimension will be an integral part of planning in the above-mentioned three focal areas;

6.  In order to increase allocations for the two long-term priority objectives of the EU in Afghanistan, sustainable development and the fight against poverty, calls on the Commission to reshuffle, in the course of the drafting of the MIP 2010-2013, the distribution of Community funds between the three focal and three non-focal areas, as well as in favour of infrastructure development and alternative livelihoods contributing to the reduction of poverty and facilitating the change from an opium-based economy to an alternative economic and social system; therefore urges the Commission to increase allocations for health, education and infrastructure; also recalls the EU's commitment regarding the achievement of the MDGs;

Utilisation of EU funds - state of play

7.  Recalls that the meetings held by its above-mentioned delegation to Afghanistan highlighted two major problems for the distribution of international aid: Afghanistan's low absorption capacity in economic and administrative terms, and deficient coordination between donors and the Afghan authorities;

8.  Considers that the lack of coordination is a reflection of weak governmental structures and the absence of a proper strategy at government level; believes that one cannot deny the responsibility of the Afghan authorities and political leaders in terms of the country's general affairs, whether one considers either the absence of strategic orientation or the management of the large sums allocated; adds that the multiplicity of donors and their desire to affirm their visibility can often lead to isolated national strategies or to overlapping between different national ministries; takes the view that this lack of coordination tends to encourage corruption and has proved detrimental to national reconstruction;

9.  Recalls that the Afghanistan Compact concluded between the Islamic Republic of Afghanistan and the international community on the occasion of the London Conference in 2006 is the mutually binding framework for reconstruction and state-building in Afghanistan;

10.  Expresses its concern about the poor quality of the administration of assistance funds by the Afghan central administration and the lack of transparency in the management of this assistance; considers it to be of prime importance that the MIP 2010-2013 take into due consideration the concrete results of the fight against corruption and adapt EU assistance accordingly;

11.  Believes that the Afghan Government's priorities must include the rule of law and the fight against corruption and drug trafficking; considers that without proper governance there can be no lasting progress in Afghanistan;

12.  Notes, nonetheless, that despite these structural weaknesses, the determination of the international community and the Afghan Government have made it possible to increase the people's standard of living;

13.  Recalls that the visit of its delegation resulted in a positive assessment of the EU's aid options as channelled through the Commission's actions;

14.  Considers in particular that since the fall of the Taliban regime, there have been promising developments in the areas of health, education and infrastructure (especially roads), infant mortality has fallen substantially (from 22% in 2001 to 12,9% in 2006), more Afghans have direct access to basic health care (65% in 2006 as against 9% in 2001), and there are the first signs of positive development in terms of education and initiatives for gender equality;

15.  Recalls the particularly severe discrimination suffered by women in Afghanistan under the Taliban regime and subsequently condemns any legal, cultural or religious practice that discriminates against women, excluding them from public and political life and segregating them in their daily lives; urges the Commission to combat these practices in all its development actions in the country;

16.  Stresses the importance of combating all forms of child labour and trafficking of and violence against children, and of improving social protection for minors in Afghanistan; calls for programmes to encourage children to attend school, including provision for payment of school fees and school feeding programmes;

17.  Notes the Commission's efforts to raise the profile of its activities with its Afghan partners; regrets, nonetheless, the near-total absence of support from the Member States for its project identification efforts;

18.  Considers, in the light of the legal provisions concerning the monitoring of direct and indirect Community aid contained in the agreements signed by the EU on the management of Community aid channelled through multi-donor trust funds (MDTFs), that the Commission is able to draw on a sufficient range of legal resources to be able to protect the EU's financial interests in Afghanistan; expects it to draw up a list categorising the irregularities identified on the ground;

19.  Notes that the European Court of Auditors (ECA), in application of the same provisions, can also carry out checks with the international organisations concerned;

20.  Recalls that the UN agencies and the World Bank have at their disposal elaborate governance provisions comparable to those of the Commission, with specialised financial management entities, internal audits, inspections, external audits, market monitoring and means of combating fraud and irregularities;

21.  Applauds the recent improvements in cooperation between the UN, among other international organisations, and the institutions of the EU as regards the monitoring of development cooperation funding; calls for the process of improvement to be further deepened in the near future;

22.  Stresses the need for stronger monitoring of the implementation of EU development cooperation; calls for the UN and other international organisations which manage EU funds to cooperate fully with the ECA and the European Anti-Fraud Office (OLAF), as well as with the UN Joint Inspection Unit;

23.  Supports the Commission's efforts to help Afghanistan, and welcomes its long-term commitment to the country; maintains that the Commission should work more closely with the UN and the World Bank, including through cooperation between it, the ECA, OLAF and the relevant UN agencies, to ensure that its contribution to the MDTFs is managed transparently; urges the Commission to keep Parliament adequately informed;

24.  Stresses the need to improve donor coordination in Afghanistan under the leadership of the United Nations Assistance Mission in Afghanistan, and believes that the Commission should strengthen assistance coordination among Member States in order to improve effectiveness and to increase the visibility of EU support;

Recommendations
Coordination and visibility of international aid

25.  Believes that further efforts are required as regards international assistance with a view to supporting implementation of the Afghan national development strategy and phasing-in improved coordination and more efficient methods in the activation of the development priorities as defined by the Afghans themselves; insist that a greater role should be played by Kabul in the implementation of development projects and the fight against corruption, notably via the improved management of public finances and training for auditors, especially at ministerial and local level;

26.  Insists that the Commission tackle the worrying coordination shortcomings regarding EU financial assistance to Afghanistan not only between Member States and it but also amongst Member States; calls on the Commission to develop a strategy involving donors and the Afghan authorities designed to improve coordination and communication between them;

27.  Underlines the great importance of donor coordination in Afghanistan and particularly the harmonisation of procedures on the basis of country systems; insists that these and other aid effectiveness measures set out in the Paris Declaration be fully implemented in Afghanistan;

28.  Recalls that aid effectiveness is a key principle of EU development policy; in this regard, stresses the importance of the Commission's aid effectiveness agenda and takes note of the General Affairs and External Relations Council conclusions adopted on 26 May 2008 with regard to EU aid effectiveness in Afghanistan;

29.  Noting the intention to transfer Commission funding for basic health care to the Afghan Ministry of Health, stresses that any increased funding directed through the Afghan Government must be accompanied by capacity-building and clear expectation criteria, including specific support to democratic governance at sub-national level;

30.  Questions the channelling of funds through the Afghan Government's core budget ("budget support") by means of MDTFs with contributions from the Community budget when Afghanistan is not yet considered to fulfil the EU's requirements for direct participation in a budget support programme; considers that when such requirements are met, budget support should be delivered on a sectoral basis;

31.  Draws attention to Article 25(1)(b) of the DCI, which requires that budget support programmes be accompanied by support for partner countries' efforts to develop parliamentary control and audit capacity and increase transparency and public access to information; points out that work in this area should also be carried out when budget support is delivered by other donors or MDTFs, and stresses the important role that civil society organisations can play in the monitoring of such budget support;

32.  Stresses the importance of evaluating community cooperation in Afghanistan, as required by Article 33 of the DCI, and the need for evaluations to start from solid baselines, to cover donor coordination and to include aspects of input activities and chains of results (output, outcome, impact); calls for the findings of the evaluations to be used in the formulation of subsequent cooperation actions;

33.  Considers it essential, given the importance of Community aid in the context of international aid as a whole, to boost the visibility of the EU's actions both locally and in the eyes of the European public; believes that the EU must also play a key role in the areas of dialogue, guidance and support in respect of decision-making vis-à-vis the Afghan Government, national and regional administrations and the international donor community; hopes that the Commission will launch a general reflection process with regard to the future management of direct aid by the Afghan authorities;

34.  Calls on the Afghan Government to ensure that the National Action Plan for the Women of Afghanistan (NAPWA), which was recently adopted, will receive satisfactory funding and be implemented in cooperation with civil society and women's organisations; calls also on the Commission to ensure that its gender equality actions are transparent and harmonised with other actions of this type undertaken by the other donors in Afghanistan; calls, in this connection, for the Commission to submit a report analysing the extent to which gender equality has been taken into account to date in the programming of the overall financial assistance allocated by the EU;

Priority areas for aid

35.  Encourages the Commission, in cooperation with the Member States, to intervene more forcefully in order to tackle the key problems affecting daily life, health, security and access to public services and basic education;

36.  Believes that the priorities outlined in the CSP 2007-2013 are in line with the needs of Afghan society; underlines the need to focus on reform of the criminal justice system, including the police, detention practices and the judiciary, ensuring respect for human rights, particularly those of women and children, and the fight against poverty, including rural development and tackling the overriding problem of opium production; welcomes the Commission's intention to target governance, and calls for fresh impetus to be given to transitional justice in accordance with the Afghan Government's action plan for peace, justice and reconciliation;

37.  Stresses the need to increase development assistance to Afghanistan while making it more effective; reaffirms that assistance should increase indigenous capacity and must be equitably distributed throughout the country in line with assessed socio-economic needs; takes note of the recommendations to this effect made by the Paris Conference and the report of the Agency Coordinating Body for Afghan Relief; calls on its Committee on Budgetary Control to include an assessment of the extent to which funding for the EU Police Mission in Afghanistan has been correctly and effectively used;

38.  Calls attention to two particular challenges that need to be urgently addressed, namely the development of agriculture in order to avert a potential humanitarian crisis that could worsen the already precarious security situation, and the development of policies and programmes addressing the major social and health problems induced by drug addiction and targeting in particular women and their families;

Control of EU funds

39.  Expects the Commission to step up its controls on the effectiveness of the management of EU financial aid, and, in particular, on its own contribution to the MDTFs;

40.  Calls on the Commission to submit to Parliament an annual report containing an evaluation of the effectiveness and impact of aid, a reasoned statement of assurance broken down by type of aid assessing the legality and regularity of financed or co-financed operations, and information on the proportion of expenditure monitored broken down by type of aid, on the types of irregularities identified and on the measures taken;

41.  Draws attention to Regulation (EC) No 1073/1999, and insists that all information on cases of fraud or severe irregularities having an impact on EU funds must be forwarded as a matter of urgency to OLAF;

42.  Insists that the Commission and OLAF take initiatives with a view to reinforcing operational links with the World Bank's Integrity Department, especially in the area of financing through MDTFs, and calls for particular attention to be paid to carrying out more joint investigations, possibly in coordination with the UN agencies;

43.  Expresses extreme concern about the risks to which personnel working on development cooperation in Afghanistan are exposed, as highlighted by the deaths in August 2008 of four such staff members; considers that the security of civilian aid workers is jeopardised by the blurring of the distinction between military and civilian operators due to the use of military Provincial Reconstruction Teams to carry out development actions in the provinces; calls therefore for the re-establishment of a clear distinction between military and civilian personnel;

44.  Believes that deteriorating security is causing severe problems for staff at the Commission delegation in Kabul while also increasing the administrative costs of implementing Commission-supported projects; calls on the Commission to increase the delegation's staffing level by recruiting more and better-qualified employees capable of carrying out all necessary monitoring, audits and controls in the light of the circumstances in Afghanistan;

45.  Calls for adequate funding for security costs in Commission projects in order to ensure both that aid workers are protected and that legitimate security management does not divert monies from project objectives and delivery;

46.  Salutes the remarkable achievements of the staff of the Commission delegation in Kabul, and calls for a major reinforcement of the security measures in place, as well as improvement of their working conditions;

Aid to the Afghan administration for capacity-building

47.  Welcomes the efforts of the Afghan authorities to improve their management and financial mechanisms, which would lead to Afghan ownership, but believes that a more concerted effort is needed in order for this process to become sustainable; stresses the need for Afghanistan's institutions to continue to fight corruption and to put in place effective policies to improve the social situation and to improve living conditions, education and health for the population, and for particular attention to be given to ways of including marginalised groups and women in decision-making;

48.  Believes that it is essential to reinforce actions and programmes for good governance and effective administration in Afghanistan, as well as to fight corruption in all its forms; notes the EU's efforts to combat corruption in the Afghan administration by dedicating part of the relevant budget heading to civil service training and pay, and calls on the Commission to promote training programmes for officials and the police;

49.  Calls for the organisation in Afghanistan of training programmes similar to those carried out by OLAF and EuropeAid for officials in African countries on the subject of "protection and optimisation of public funds - cooperation between national and international institutions";

50.  Calls on the international community to insist on higher standards of transparency from the Afghan Government in the allocation of fiscal resources to the provinces, districts and local authorities, with greater involvement of those bodies in implementing national development policies; calls on the Afghan Government to provide proper information to the Afghan Parliament on the utilisation of international aid;

51.  Urges the Commission, the Member States and the Afghan Government to ensure that their programmes and activities, particularly at provincial level, are fully coordinated with the Afghanistan national development strategy and in keeping with the commitments made by all parties on the occasion of the Paris Conference;

52.  Recognising the importance of the Provincial Reconstruction Teams and the work of the Afghan security forces, nevertheless recognises the challenge for aid effectiveness when it comes to promoting development in Afghanistan through civil-military institutions, and calls for maximum participation by Afghan non-governmental and civil society organisations, the Afghan Government and international agencies;

53.  Regrets that relations between non-state actors (NSAs) and the Government of Afghanistan do not always run smoothly and calls for every effort to be made to improve relations; points also to the need to establish a strict definition of not-for-profit NSAs at national level, after consulting the NSAs themselves;

54.  Encourages all initiatives aimed at building closer links between its interparliamentary delegations and the two chambers of the Afghan parliament (the Wolesi Jirga and the Meshrano Jirga) in the interests of promoting good governance at parliamentary level;

55.  Recalls its initiative, under its 2008 budget, to support democracy-building with parliaments in third countries, and resolves to utilise the relevant resources in such a way as to improve the ability of the Afghan Parliament to legislate, to monitor the executive branch and to be fully representative of the Afghan people;

56.  Stresses the need to prioritise support for political party development, issue-based caucuses within the National Assembly, civil society and the media; considers that the international community is under an obligation to fund an electoral budget, totally or in part, and to provide assistance for the implementation of all provisions of the Afghan elections law, including those relating to the vetting of candidates;

57.  Calls on the Commission and the Afghan Government, in view of the forthcoming presidential and parliamentary elections due to take place in Afghanistan in 2009 and 2010 respectively, to continue to encourage and provide adequate funding for actions to promote the political emancipation of women, especially in the regions, given that in the last provincial council elections there were not enough women candidates to occupy the 124 seats designated for women in the provincial councils;

58.  Believes that the Commission needs to increase resources for combating drug trafficking, and recommends that the donor community make all efforts to ensure that the introduction of substitute crops offers producers sufficient income for them to give up poppy cultivation on a permanent basis;

59.  Recalls its recommendation to the Council of 25 October 2007 on production of opium for medical purposes in Afghanistan(6), opposing, within the framework of integrated development programmes, recourse to fumigation as a means of eradicating the poppy in Afghanistan and offering its assistance in discussing the possibilities and the feasibility of a scientific "Poppy for Medicine" pilot project;

o
o   o

60.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Government and Parliament of the Islamic Republic of Afghanistan.

(1) Texts adopted, P6_TA(2008)0337.
(2) Texts adopted, P6_TA(2008)0133.
(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ L 136, 31.5.1999, p. 1.
(5) OJ L 378, 27.12.2006, p. 41.
(6) OJ C 263 E, 16.10.2008, p. 651.


Equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
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European Parliament resolution of 15 January 2009 on transposition and application of Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (2008/2039(INI))
P6_TA(2009)0024A6-0491/2008

The European Parliament,

–   having regard to the Interinstitutional Agreement of 16 December 2003 on Better Law-making(1) concluded between the Parliament, the Council and the Commission,

–   having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(2),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Employment and Social Affairs (A6-0491/2008),

A.   whereas the principles of democracy and the rule of law, which are enshrined in the EC Treaty, make it appropriate for the legislator to monitor the implementation of the legislation which it has adopted,

B.   whereas the task of Parliament as co-legislator concerning monitoring of the implementation of Directive 2002/73/EC is complicated due to the little information made available by the Commission; whereas for that reason, letters were sent to the competent committees of national parliaments and equality bodies asking for information, to which 27 national parliamentary assemblies and 16 equality bodies replied,

C.   whereas Directive 2002/73/EC is an important milestone in the process towards achieving equality between women and men and tackling discrimination on grounds of gender in society as a whole,

D.   whereas Directive 2002/73/EC defined direct discrimination, indirect discrimination, harassment and sexual harassment, prohibited discrimination against women on the grounds of pregnancy or maternity leave, and which provided for the right of return to the same job or an equivalent post after maternity, paternity or adoption leave, where such rights are recognised by Member States,

E.   whereas Member States undertook a number of obligations in transposing Directive 2002/73/EC by 5 October 2005, including:

   the designation of a body or bodies whose competence includes the promotion, analysis, monitoring and support of equal treatment for men and women,
   the promotion of dialogue between the social partners with a view to fostering equal treatment, including through the monitoring of workplace practices, collective agreements, etc.,
   encouragement of dialogue with appropriate NGOs with a view to promoting the principle of equal treatment,
   promotion of equal treatment at the workplace in a planned and systematic way, for example through company equality reports with regular information on equal treatment of men and women,
   effective measures to ensure real sanctions for breaches of the Directive, where compensation to victims may not be restricted by fixing a prior upper limit, except in very limited cases,
   ensuring that persons supporting the victims of gender discrimination and harassment should enjoy the same protection against adverse treatment,
   reporting every four years to the Commission on measures taken to provide specific advantages to the under-represented sex in professional activities, as well as the implementation of such measures,
   ensuring that provisions of contracts or agreements in breach of the Directive are amended or declared null and void,

F.   whereas slow or low-quality implementation of Directive 2002/73/EC risks endangering the achievement of the Lisbon strategy and the development of the full potential of the Union's social and economic capacity,

G.   whereas many Member States faced difficulties in transposing Directive 2002/73/EC, especially in introducing into their legislation specific and appropriate measures for improving gender equality and reducing discrimination as regards obtaining employment, vocational training and promotion, and working conditions,

H.   whereas gender mainstreaming should be taken into consideration in these areas,

I.   whereas gender discrimination in other social and political aspects is worsened by the persisting gender pay gap, especially between the so-called feminine and masculine economic sectors,

J.   whereas the economic independence of women is fundamental to their emancipation, and employment with rights is therefore a guarantee for their personal development and for social inclusion, and legislation on equal treatment should therefore be improved,

1.  Calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States; stresses the need to make available adequate resources to achieve these objectives;

2.  Recalls Point 34 of the Interinstitutional Agreement on better law-making, and in particular the commitment of the Council to encourage Member States to draw up and make public tables illustrating the correlation between directives and the national transposition measures; considers that the availability of correlation tables would ease the Commission's task in monitoring transposition of Directive 2002/73/EC;

3.  Notes that close cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of gender equality legislation would bring gender equality closer to policy-makers and citizens;

4.  Appreciates the great number of detailed replies received in a short time from national parliaments and equality bodies concerning the state of play in implementation and problems related thereto;

5.  Regrets that the Commission's report to the European Parliament and the Council, to be based on information communicated by the Member States by the end of 2005, is not yet available;

6.  Deplores the fact that some national legislation does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment;

7.  Is concerned that in several Member States the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC; recalls that the prohibited types of discrimination affect both the private and public sectors;

8.  Regrets the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting upper limits for the payment of compensation or reparation to the victims of discrimination;

9.  Draws attention to the fact that less favourable treatment of a woman related to pregnancy or maternity leave constitutes discrimination; deplores the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave;

10.  Calls on Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented;

11.  Welcomes the efforts made by those Member States who have extended or reinforced the requirements of Directive 2002/73/EC, especially those initiatives that have introduced protection against discrimination into new sectors of society;

12.  Asks Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour;

13.  Urges Member States to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC, and recalls the Directive's requirement of ensuring the independence of those bodies;

14.  Notes the different approaches to the implementation of Article 8a of Directive 2002/73/EC, which underlines the need for cooperation and exchange of good practices between Member States; believes that both the Commission Network of National Gender Equality Bodies and Equinet are important tools in enhancing such cooperation and promoting the uniform implementation of Community law in the field of equal treatment of women and men;

15.  Welcomes the Commission's intention to conduct a study on the organisation of equality bodies in 2009; invites the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by equality bodies, and to launch information campaigns to make these bodies better known;

16.  Draws attention to the poor level of awareness of rights under Directive 2002/73/EC among women, as deduced from the low number of gender equality proceedings and complaints filed; calls on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005;

17.  Notes the limited faith in judicial protection among victims of discrimination; calls on Member States to ensure that assistance granted is independent and readily available, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC;

18.  Calls on the Commission to examine whether Member States are ensuring that victims and associations and organisations which have a legitimate interest in compliance with Directive 2002/73/EC are not prevented by legal or other barriers, for example excessively short deadlines, from initiating legal proceedings in respect of infringements of discrimination protection rules and equal rights or, in the case of victims, from claiming their full rights under Directive 2002/73/EC in other administrative procedures;

19.  Acknowledges the positive effects on preventing and assessing the existence of discriminatory practices that can be derived from the close cooperation between equality bodies and labour inspectors; calls on Member States to insist on the training of labour inspectors in light of the new responsibilities acquired as a result of the transposition of Directive 2002/73/EC, as well as on the new tools created, such as the shift of the burden of the proof;

20.  Stresses the critical role of NGOs in providing assistance to victims of discrimination; asks public authorities to earmark resources for mediation and assistance projects, which are more complex to carry out than dissemination campaigns;

21.  Emphasises the relevance of reliable, comparable and available quantity and quality indicators, as well as gender-based statistics, for ensuring implementation and follow-up to the Directive; urges equality bodies to intensify their efforts in conducting independent surveys, publishing independent reports and making recommendations concerning any issue related to discrimination; recalls the role of the European Institute for Gender Equality, entrusted with the task of gathering and analysing information regarding gender equality, raising the awareness of EU citizens as regards gender equality and developing methodological tools in support of gender mainstreaming;

22.  Points to the need to foster dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices, collective agreements, codes of conduct, research and exchange of experience and good practice;

23.  Invites Member States to encourage employers to provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men;

24.  Invites Member States to encourage employers to provide employees and their representatives with regular information on gender issues;

25.  Insists on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members;

26.  Notes that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006, and that the percentage of women in management posts is still far lower than the percentage of men; insists on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and calls on the Commission to renew the planning of support measures for this purpose, with due respect for the principle of subsidiarity;

27.  Stresses the need to encourage initiatives that contribute to setting up and implementing in companies human resources policies and positive measures promoting gender equality; invites Member States to recommend to undertakings that they develop and implement corporate equality plans and promote gender-balanced representation in management and decision-making bodies;

28.  Reminds the Member States of the importance of actively implementing gender mainstreaming and seeking to reconcile family and working life when developing and implementing laws;

29.  Emphasises the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market and the need to adapt measures to incorporate the gender dimension in all policies and also to the particular needs of such groups;

30.  Points to the need to ensure greater flexibility regarding parental leave, particularly for parents of children with disabilities;

31.  Calls on Member States to remove discrimination against girls and young women in the transition from school to training and from training to professional life by targeted measures, and also when rejoining the labour market after leave to care for children or relatives; points to the need for public childcare and nursing services, and for care of the elderly; draws the Member States" attention to the commitment that they made regarding these matters at the 2002 Barcelona Summit;

32.  Instructs its President to forward this resolution to the Council, the Commission, national parliaments and national equality bodies.

(1) OJ C 321, 31.12.2003, p. 1.
(2) OJ L 269, 5.10.2002, p. 15.


Situation in the Gaza Strip
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European Parliament resolution of 15 January 2009 on the situation in the Gaza Strip
P6_TA(2009)0025RC-B6-0051/2009

The European Parliament,

–   having regard to its previous resolutions on the Middle East, in particular those of 16 November 2006 on the situation in the Gaza Strip(1), of 12 July 2007 on the Middle East(2), of 11 October 2007 on the humanitarian situation in Gaza(3) and of 21 February 2008 on the situation in the Gaza Strip(4),

–   having regard to UN Security Council Resolutions 242 of 22 November 1967(S/RES/242(1967)), 338 of 22 October 1973 (S/RES/338(1973)), and 1860 of 8 January 2009 (S/RES/1860(2009)),

–   having regard the Fourth Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War,

–   having regard to the postponement of the vote on the assent to further participation of Israel in EC programmes,

–   having regard to the European Union statement of 30 December 2008 on the situation in the Middle East,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   whereas on 27 December 2008 Israel launched a military offensive in Gaza in response to Hamas rocket attacks in the south of Israel since Hamas took control of the Strip and following the breakdown of the ceasefire and the refusal to renew the ceasefire agreement,

B.   whereas according to the latest reports the Israeli operation has so far killed about one thousand people in Gaza, many of them children and women, and has caused thousands of casualties and the destruction of houses, schools and other key parts of civilian infrastructure, owing to the use of force by the Israeli army,

C.   whereas the border crossings in and out of Gaza have been closed for 18 months and the embargo on the movement of people and goods has affected the daily lives of the inhabitants and further paralysed the economy in the Strip and has limited any substantial improvements in the situation in the West Bank; whereas the embargo on the Gaza Strip represents collective punishment in contravention of international humanitarian law,

D.   whereas improving the living conditions of Palestinians living in the Gaza Strip and the West Bank, together with a revival of the peace process and the establishment of functioning Palestinian institutions in Gaza, is a key aspect of the efforts to achieve a just and lasting peace between Israelis and Palestinians,

E.   whereas the considerable European Union financial support to the Palestinians has played an important role in the attempt to prevent a humanitarian disaster in the Gaza Strip and the West Bank; whereas the European Union continues to provide, including through the United Nations Reliefs and Works Agency for Palestine Refugees in the Near East (UNRWA), humanitarian assistance in the Gaza Strip,

1.  Welcomes the adoption of UN Security Council Resolution 1860 of 8 January 2009 and regrets that so far both Israel and Hamas have failed to meet the UN request for a halt to the hostilities; calls for an immediate and permanent ceasefire, which should include a halt to rocket attacks by Hamas on Israel and the end of Israel's military action in Gaza;

2.  Agrees that it is necessary to urgently provide arrangements and guarantees in Gaza, as demanded by the UNSC Resolution 1860, in order to sustain a durable ceasefire which includes at the same time the withdrawal of the Israeli troops, the sustained re-opening of the crossing points, the lifting of the blockade and the prevention of smuggling and of illicit trafficking in arms and ammunition;

3.  Calls for a negotiated truce, which should be guaranteed by a mechanism, to be set up by the international community coordinated by the Quartet and the League of Arab States, which could include the dispatching of a multinational presence, under a clear mandate, in order to restore security and secure respect for the ceasefire for the people in Israel and Gaza, with special reference to the monitoring of the Egypt-Gaza border, which implies an important role for Egypt; calls on the Council to increase its pressure in order to halt the ongoing violence; encourages the diplomatic efforts so far undertaken by the international community, especially Egypt and the European Union;

4.  Expresses its shock at the suffering of the civilian population in Gaza; strongly deplores, in particular, the fact that civilian and UN targets have been hit during the attacks; expresses its sympathy for the civilian population affected by the violence in Gaza and southern Israel;

5.  Calls in the strongest terms on the Israeli authorities to allow unimpeded access to humanitarian assistance and aid to the Gaza Strip and to guarantee a continuous and adequate flow of aid through the humanitarian corridors; urges the Israeli authorities to allow the international press to follow events on the ground;

6.  Calls on Israel to fulfil its obligations under international law and international humanitarian law; calls on Hamas to end rocket attacks and to assume its own responsibilities by committing itself to a political process aimed at restoring inter-Palestinian dialogue and contributing to the ongoing process of negotiation;

7.  Calls for a stronger and more united political stance on the part of the European Union and invites the Council to take the opportunity to cooperate with the new US Administration in order to put an end to the conflict with an agreement based on the two-state solution, with the aim of building a peaceful new regional security structure in the Middle East;

8.  Stresses the high importance of renewing the efforts for inter-Palestinian reconciliation between all the components of Palestinian society, based on the Mecca Agreement of 8 February 2007, which implied acceptance of the previous agreements, including the right of Israel to exist; and underlines, in this connection, the need for a permanent geographical connection between, and the peaceful and lasting political reunification of, the Gaza Strip and the West Bank;

9.  Stresses that only real progress towards peace and a substantial improvement on the ground in the West Bank and Gaza can strengthen the legitimacy of the Palestinian Authority;

10.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the Common Foreign and Security Policy, the governments and parliaments of the Member States, the UN Secretary-General, the Quartet Envoy to the Middle East, the President of the Palestinian Authority, the Palestinian Legislative Council, the Israeli Government, the Knesset, the Egyptian Government and Parliament and the Secretary-General of the League of Arab States.

(1) OJ C 314 E, 21.12.2006, p.324.
(2) OJ C 175 E, 10.7.2008, p. 579.
(3) OJ C 227 E, 4.9.2008, p. 138.
(4) Texts adopted, P6_TA(2008)0064.


Situation in the Horn of Africa
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European Parliament resolution of 15 January 2009 on the situation in the Horn of Africa
P6_TA(2009)0026B6-0033/2009

The European Parliament,

–   having regard to its previous resolutions on the Horn of Africa countries,

–   having regard to the report of the mission to the Horn of Africa approved by its Committee on Development on 8 December 2008,

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

A.   whereas the unsolved border conflicts between Ethiopia and Eritrea and between Eritrea and Djibouti are negatively affecting peace and security in the Horn of Africa; whereas the situation in Somalia has deteriorated into one of the world's worst humanitarian and security crises; whereas the situation in Sudan is a major risk factor for security in the region,

B.   whereas Ethiopia and Eritrea ended their war by signing the internationally brokered 'Algiers Agreements' providing for a UN peace-keeping operation mission (UNMEE) and the setting-up of the Ethiopia-Eritrea Boundary Commission (EEBC), but there are still differences between the two sides regarding the implementation of the agreements and of the decision of the EEBC; whereas the mandate of the UNMEE had to be ended on 31 July 2008 as Eritrea was obstructing the mission and Ethiopia had refused to enforce the EEBC ruling in relation to the contested Badme area,

C.   whereas in June 2008 violence escalated on the border between Eritrea and Djibouti at Ras Doumeira, leaving 35 people dead and dozens wounded; whereas on 12 June 2008 the UN Security Council called on both sides to commit themselves to a ceasefire and to withdraw troops and restore the status quo ante; whereas the current situation is calm, but given the closeness of the troops there is a risk of escalation,

D.   whereas on 29 October 2008 suicide bomb attacks targeted the Ethiopian trade mission, a UN compound and the president's palace in Somaliland's capital Hargeysa, simultaneously with attacks in Bossaso in the Somali Region of Puntland, for which several individuals have been arrested,

E.   whereas a new round of negotiations in Djibouti took place in November 2008 leading to the signing of a power-sharing deal between representatives of the Transitional Federal Government (TFG) of Somalia and the Alliance for the Re-liberation of Somalia-Djibouti (ARS-D) opposition, with both parties publicly announcing their support for a Commission of Inquiry to investigate human rights violations in Somalia,

F.   whereas the Intergovernmental Authority on Development (IGAD), at a conference held on 29 October 2008 in Nairobi with representatives of the Transitional Federal Institutions and members of the Transitional Federal Parliament, adopted a seven-point plan for supporting the peace process in Somalia and established a mechanism for monitoring implementation,

G.   whereas since November 2008 Ethiopia has been progressively withdrawing its troops from Mogadishu and all other locations where they are still present in Somalia; whereas the African Union Mission to Somalia (AMISOM), which has since March 2007 been essentially confined to Mogadishu, will now find itself alone on the ground,

H.   whereas the TFG of Somalia has failed over four years to create a broad-based government; whereas as a result of President Abdullahi's recent resignation there is a real danger that rival factions may start fighting again,

I.   whereas piracy is another major security challenge for the Horn of Africa region; whereas the fight against piracy cannot be won only by military means, but depends mainly on success in promoting peace, development and state-building in Somalia; whereas as a result of piracy the World Food Programme (WFP) has had to suspend delivery of food aid to Somalia, worsening an already precarious humanitarian situation,

J.   whereas on 8 December 2008 the EU launched its maritime operation EU NAVFOR Somalia (or Operation Atalanta), aimed at protecting maritime convoys of the WFP and other merchant ships navigating in the waters off Somalia,

K.   whereas the failure of the implementation of the Comprehensive Peace Agreement (CPA) between the north and south of Sudan could lead to secession, likely to be accompanied by military conflict over oil shares in the border region; whereas such a secession would most likely lead to a total break-up of the country, with Darfur and the eastern part seeking independence and interethnic fighting, further fuelled by involvement of neighbouring countries, including Eritrea,

L.   whereas Djibouti continues to face enormous challenges and its situation is becoming alarming in the wake of the world food crisis; whereas the Ogaden, the Somali region of Ethiopia, is suffering from severe drought and the government-controlled food aid intended for its inhabitants is failing to reach them, despite the recent progress in the delivery of food aid by the WFP in this region, given that delays are still being reported due to the need for military authorisation to travel in the Somali region,

M.   whereas the situation regarding human rights, the rule of law, democracy and governance in all countries of the Horn of Africa has been of great concern to the EU for many years; whereas there are credible reports of arbitrary arrests, forced labour, torture and maltreatment of prisoners, as well as persecution of journalists and political repression in the region,

N.  whereas the violations of human rights in Somalia include the kidnapping of two Italian Catholic nuns, Maria Teresa Olivero and Caterina Giraudo,

O.   whereas the majority voting system, highly unfavourable to the opposition parties, which was applied during the 2008 legislative elections, is a matter of concern in Djibouti, where the opposition Movement for Democratic Renewal (MRD) party was banned in July 2008 on the totally unsubstantiated grounds of supporting an Eritrean attack on Djibouti, while the leaders of the Union of Djibouti Workers/General Union of Djibouti Workers (UDT/UGTD) trade union have still not been reinstated in their jobs after being dismissed for reasons linked to their trade union activities,

P.   whereas there is a climate of fear among non-governmental organisations (NGOs) and opposition circles that government control has been increasing and political freedom has been reduced by the recently adopted press law and party registration law in Ethiopia; whereas the law on NGOs (the Proclamation for the Registration and Regulation of Charities and Societies) adopted by the Ethiopian government and ratified by the parliament could seriously restrict the activities of the international and Ethiopian associations which are working for equality, justice, human rights and conflict resolution,

Regional security

1.  Calls on the government of Ethiopia to formally endorse the EEBC's demarcation by map coordinates between Eritrea and Ethiopia as final and binding; calls on the Eritrean government to agree to a dialogue with Ethiopia, which would address the process of disengagement of troops from the border and physical demarcation in accordance with the EEBC's decision, as well as the normalisation of relations between the two countries, including reopening the border for trade; calls on the international community and the EU to put pressure on both sides to overcome the current impasse;

2.  Calls on the Council to nominate an EU Special Representative/Envoy to the Horn of Africa region;

3.  Calls on the Council and Commission to continue their efforts in the framework of the regional political partnership for peace, security and development in the Horn of Africa in order to identify projects of common interest which could trigger functional cooperation between Eritrea and Ethiopia, for instance in the areas of energy supply, cross-border trade and ports;

4.  Calls on the Eritrean government to reconsider its current suspension of its membership of IGAD; calls on the African Union (AU) and IGAD leadership to continue to involve Eritrea and encourage the government to rejoin the regional and subregional cooperation efforts;

5.  Calls on the Eritrean government to agree to invite, jointly with the Djibouti government, an independent fact-finding mission to look into the situation in Ras Doumeira; calls on both sides to rely on dialogue and diplomatic means in order to restore relations between the two countries;

6.  Calls on the Council and Commission to continue their support for institution-building in Somalia, the implementation of the Djibouti peace agreement and the IGAD's efforts in the peace process; urges the reinforcement of AMISOM and the deployment of the UN stabilisation force in a timely manner as soon as political and security conditions allow;

7.  Condemns the ever more frequent attacks on humanitarian workers over the last few months, which have gravely constrained aid operations and have helped worsen the humanitarian situation in Somalia; calls on the UN Humanitarian Coordinator for Somalia to negotiate humanitarian access separately from the Djibouti peace process, geographic area by geographic area, speed up food supplies and alleviate the dire humanitarian situation;

8.  Stresses that in the wake of participation by the European Union and international community in achieving the north-south agreement in Sudan it is now essential to continue all efforts with a view to its implementation and to keep up the necessary pressure; calls on the Council and the international community, therefore, to step up their support for implementation of the north-south Comprehensive Peace Agreement in Sudan and to secure the full deployment of the UN-AU Mission in Darfur (UNAMID);

9.  Calls on the Council and Commission to continue their support for IGAD and its efforts to develop an integration plan for the region, and to strengthen its institutions;

Food security and development

10.  Calls on the Eritrean government to cooperate more closely with international organisations in the assessment of the food security situation, in order to allow for timely and targeted intervention;

11.  Calls on the Eritrean government to allow the Commission unhindered access to the Commission-funded projects and to enhance its openness to technical assistance for jointly agreed projects and programmes; calls on it also to adapt the NGO Proclamation with a view to easing the financial requirements for NGOs willing to engage in development activities in Eritrea;

12.  Calls on the Ethiopian government to grant full access for humanitarian organisations to the Ogaden region of Somalia, and to provide all necessary conditions to enable aid to reach its beneficiaries throughout the region;

13.  Calls on the Commission to continue to support regional responses to cross-border challenges through the EU regional partnership for peace, security and development, and in particular the regional management of water resources as an essential element for food security;

14.  Calls on the Commission to verify that none of its assistance programmes, including 'cash for work', are being implemented by forced labour;

Human rights, democracy and governance

15.  Calls on the Eritrean government to make a public declaration as to the whereabouts of prisoners and their state of health and to either charge and immediately bring before a court of law all political detainees and imprisoned journalists or to unconditionally release them forthwith;

16.  Calls on the Eritrean government to fully respect human rights and fundamental freedoms, including freedom of association, freedom of expression, freedom of media and freedom of conscience;

17.  Expresses its deep concern at the continuing imprisonment in Eritrea of the Swedish-Eritrean journalist Dawit Isaak, held in jail since his arrest in September 2001, without having been tried by a court of law, and demands the immediate release of Dawit Isaak and other imprisoned journalists;

18.  Calls on the EU to reconsider its approach to Eritrea if no progress is made towards compliance with the essential elements of the Cotonou Agreement (Article 9), in particular on core human rights issues (access for the International Committee of the Red Cross (ICRC) to prisons, release of the "G11" prisoners);

19.  Calls on the Somali Transitional Federal Government to condemn the kidnapping of the two Italian Catholic nuns and to take action to speed up their release and prevent further kidnappings;

20.  Calls on the Djibouti authorities to protect the political rights of opposition parties and independent human rights organisations, including full guarantees of press freedom, freedom of assembly and freedom of expression; emphasises the need for a meaningful dialogue between government and opposition, leading to an adaptation of the electoral law so as to allow for a fairer representation of existing political parties in the parliament; calls on the Djibouti authorities to allow the MRD opposition party to resume activity and to reinstate all leaders of the UDT/UGTD trade union dismissed for reasons linked to their work for the trade union;

21.  Calls on the government of Djibouti to take steps to ensure better protection in law and practice of the rights of trade unions in accordance with the respective International Labour Organisation (ILO) core conventions;

22.  Regrets that the Ethiopian parliament has ratified the Proclamation for the Registration and Regulation of Charities and Societies; calls for significant adaptations to be made to guarantee basic human rights principles; calls for a non-restrictive implementation of this law, and insists on close monitoring of its implementation by the Commission;

23.  Urges the Ethiopian authorities to review the press law and party registration law, as well as the composition of the Election Board, so as to ensure that the political rights of opposition parties are guaranteed; urges the Ethiopian authorities to investigate the allegations of harassment and arbitrary arrests affecting the opposition and civil society organisations and to bring those responsible to trial;

24.  Is outraged at the imprisonment of Birtukan Midekssa, leader of the opposition party Unity for Democracy and Justice (UDJ), and demands her immediate and unconditional release;

25.  Calls on the Ethiopian authorities to swiftly handle the request for registration by the Ethiopian National Teachers' Association (NTA), in accordance with the respective laws and rules, and to stop persecuting members of this association;

26.  Calls on the governments of Ethiopia, Eritrea and Djibouti and the Council, in accordance with Article 8 and Annex VII of the Revised Cotonou Agreement, to jointly agree to deepen the political dialogue on human rights, democratic principles and the rule of law, including the issues mentioned above, with a view to defining benchmarks and attaining tangible results and progress on the ground;

27.  Recognises that elections are due to take place in Sudan in 2009, but notes that the amendment of the laws which restrict freedom of expression and organisation for individuals, political parties and the media, and which contravene the Comprehensive Peace Agreement (CPA) and the Interim National Constitution (INC), has not yet taken place, nor has a National Human Rights Commission been formed; stresses that repealing these laws and replacing them with legislation that is in line with the CPA and INC and the creation of the National Human Rights Commission are necessary preconditions for an environment in which free and fair elections can take place;

o
o   o

28.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Chair of the African Union Commission, the Chair-in-Office of the African Union Assembly, the General Secretary of the African Union, the Pan-African Parliament, the Governments and Parliaments of the IGAD countries, and the Co-Presidents of the ACP-EU Joint Parliamentary Assembly.


EU strategy towards Belarus
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European Parliament resolution of 15 January 2009 on the EU strategy towards Belarus
P6_TA(2009)0027RC-B6-0028/2009

The European Parliament,

–   having regard to its previous resolutions on the situation in Belarus, in particular that of 9 October 2008 on the situation in Belarus after the parliamentary elections of 28 September 2008(1),

–   having regard to the Declaration by the Presidency on behalf of the European Union on Council Common Position 2008/844/CFSP of 10 November 2008 amending Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus(2),

–   having regard to the GAERC conclusions on Belarus of 13 October 2008 lifting the ban on political contacts with the Belarusian authorities and suspending the visa ban for six months for Belarusian officials, including President Alexander Lukashenko,

–   having regard to the Council's Annual Report on Human Rights 2008, of 27 November 2008 (14146/2/2008),

–   having regard to the Commission Communication to the European Parliament and the Council of 3 December 2008 concerning the Eastern Partnership Initiative (COM(2008)0823),

–   having regard to the Organisation for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) Election Observation Mission Final Report of 27 November 2008 on the parliamentary elections in Belarus of 28 September 2008,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   whereas the Council, in its above-mentioned conclusions of 13 October 2008, confirmed hopes of a gradual re-engagement with Belarus and its readiness to develop a dialogue with the Belarusian authorities, and with other political forces in the country, with the aim of fostering genuine progress towards democracy and respect for human rights,

B.   whereas, in order to foster dialogue with the Belarusian authorities and the adoption of positive measures to strengthen democracy and respect for human rights, the Council has decided that the travel restrictions imposed on certain Belarusian Government officials, with the exception of those involved in the disappearances that occurred in 1999 and 2000 and of the Chair of the Central Election Commission, will not apply for a period of six months, which may be renewed,

C.   whereas, in response to the positive steps taken by Belarus, the Commission has already entered into an intensified dialogue with that country in fields such as energy, the environment, customs, transport and food safety and confirmed its readiness to further expand the scope of those technical talks, which are beneficial for both sides,

D.   whereas the OSCE/ODIHR Election Observation Mission stated in its final report that, although there had been some minor improvements, the elections of 28 September 2008, which took place in a strictly controlled environment with a barely visible campaign and were marked by a lack of transparency in vote counting and in aggregating results from various polling stations, ultimately fell short of internationally recognised democratic standards; whereas Lidziya Yarmoshyna, Chair of the Central Election Commission, admitted that the September 2008 elections did not receive "full and unconditional recognition as complying with international standards from European partners" and therefore the "utmost goal" of the elections had not been met,

E.   whereas the Commission has launched the "Eastern Partnership Initiative" to step up cooperation with a number of Eastern European countries, including Belarus subject to fulfilment by that country of specific criteria relating to democracy, respect for human rights and the rule of law,

F.   whereas the Belarusian Minister for Foreign Affairs, Syarhei Martynau, has declared that "Belarus has a positive view on participation in the Eastern Partnership Initiative" and added that Belarus intends to participate in this initiative,

G.   whereas the Belarusian authorities have imposed a one-year "restricted freedom" sentence on opposition activist Alyaksandr Barazenka in response to his role in a demonstration held in January 2008,

H.   whereas the Belarusian authorities deny a growing number of Protestant and Roman Catholic priests and nuns the right to practise a preaching and teaching ministry,

1.  Welcomes the decision by the Belarusian authorities to register the "For Freedom" movement headed by former Belarusian presidential candidate Aliaksandr Milinkevich; hopes that the Belarusian Government will improve conditions governing the registration and work of other non-governmental groups, including political parties and the "Nasha Viasna" human rights organisation;

2.  Welcomes the decision by the Belarusian authorities to allow the printing and distribution of the two independent newspapers, Narodnaia Volia and Nasha Niva; points out, at the same time, that there are still 13 independent newspapers awaiting registration; welcomes the decision by the Belarusian Government to discuss the international Internet media standards and to consult the Belarusian Association of Journalists on these issues; hopes that suitable conditions will also be created for the work of other independent media in Belarus, including possibilities for advertising;

3.  Notes Belarus' readiness to discuss in detail the OSCE/ODIHR recommendations regarding improvements to the electoral law; considers this an important and encouraging step on the part of Belarus and looks forward to its swift implementation and to further steps in line with the EU's expectations;

4.  Welcomes the release of political prisoners in Belarus, but deplores the fact that Alyaksandr Kazulin, Sergei Parsyukevich and Andrei Kim do not enjoy all the rights guaranteed to Belarusian citizens by the Constitution of the Republic of Belarus and, as in the case of Alyaksandr Barazenka, who was held in custody for weeks awaiting trial for his participation in a January 2008 demonstration, also criticises the fact that some other activists remain subject to various forms of restrictions on their freedom;

5.  Welcomes the Belarusian authorities' decision to temporarily lift the travel ban on a number of victims of the Chernobyl disaster, in order to allow them to participate in rest and recuperation programmes, and hopes that in the longer term a structural solution can be found; urges the Czech Presidency to make it a priority to negotiate an EU-wide agreement with the Belarusian authorities allowing children to travel from Belarus to any EU Member State organising such recuperation programmes;

6.  Points out that in order to significantly improve relations with the EU, Belarus should (1) remain a country without political prisoners, (2) guarantee freedom of expression for the media, (3) continue to cooperate with the OSCE on reform of the electoral law, (4) improve conditions for the work of non-governmental organisations (NGOs), and (5) guarantee freedom of assembly and political association;

7.  Urges the Belarusian Government to respect human rights by:

   a) making vitally needed changes to the Belarus Criminal Code by abolishing Articles 367, 368, 369-1 and, in particular, Article 193, which are often misused as a means of repression;
   b) refraining from threatening criminal prosecution, including for avoiding military service in Belarus, against students expelled from universities for their civic stance and thereby obliged to continue their studies abroad;
   c) eliminating all obstacles to the proper registration of NGOs in Belarus; abolishing the ban on the use of private apartments as the address for registration of non-profit associations; and reconsidering Presidential Decree No 533 of 23 October 2007 regulating the use of office facilities by NGOs and political parties;
   d) improving the treatment of and respect for national minorities, including recognition of the legitimately elected body of the Union of Poles in Belarus, led by Angelika Borys, culture, churches, the education system and the historical and material heritage,
  

in order to end the country's self-imposed isolation from the rest of Europe and in order for relations between the EU and Belarus to improve significantly;

8.  Stresses that the democratic opposition must be part of the process of gradual re-engagement with Belarus;

9.  Calls on the Council and Commission to take further steps to liberalise visa procedures for Belarusian citizens, as such action is crucial to fulfilling the main goal of EU policy towards Belarus, namely intensifying people-to-people contacts that in turn facilitate the democratisation of the country; urges them, in this context, to consider the scope for reducing the cost of visas for Belarusian citizens entering the Schengen Area and simplifying the procedure for obtaining them;

10.  Calls on the Council and Commission to consider applying the European Neighbourhood and Partnership Instrument(3) and the European Instrument for Human Rights and Democracy(4) to Belarus selectively by extending more support to Belarusian civil society, to urge the Belarusian Government, as a sign of goodwill and positive change, to enable the Belarusian "European Humanities University" in exile in Vilnius (Lithuania) to return legally to Belarus and re-establish itself under suitable conditions for its future development in Minsk, to grant financial support to the independent Belarusian television channel Belsat, and to urge the Belarusian Government to officially register Belsat in Belarus;

11.  Calls on the Council and Commission, in this context, to consider measures to improve the business climate, trade, investment, energy and transport infrastructure and cross-border cooperation between the EU and Belarus, so as to contribute to the well-being and prosperity of the citizens of Belarus and enhance their ability to communicate with and freely travel to the EU;

12.  Calls on the Council and Commission to consider the participation of the European Investment Bank in investing in Belarusian energy transit infrastructure; stresses the importance of participation by European companies in the privatisation process in Belarus;

13.  Calls on the Belarusian authorities to strictly observe international safety standards and requirements during the process of building a new nuclear power plant; calls on Belarus to ratify the International Atomic Energy Agency (IAEA) Additional Protocol to the Comprehensive Safeguards Agreement; calls on the Commission to monitor and to report to it and the Member States on compliance by Belarus with the IAEA recommendations and the requirements of the Convention on Nuclear Safety and the Nuclear Non-Proliferation Treaty and on the effects the operation of the nuclear power plant could have on neighbouring EU Member States;

14.  Deplores the repeated decisions by the Belarusian authorities over the last couple of years to refuse entrance visas to Members of the European Parliament and national parliamentarians; calls on the Belarusian authorities not to create any further obstacles which serve to prevent its Delegation for relations with Belarus from visiting the country;

15.  Welcomes the approach taken so far by the Belarusian authorities, despite enormous pressure, not to recognise the unilateral declarations of independence issued by South Ossetia and Abkhazia;

16.  Condemns the fact that, contrary to UN values, Belarus is the only country in Europe which still has the death penalty;

17.  Calls on the Belarusian authorities to respect freedom of religion; condemns the fact that European citizens, including priests, are being repeatedly expelled from Belarus, which is contrary to the confidence-building process with the EU;

18.  Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, the Secretariat of the Commonwealth of Independent States and the Parliament and Government of Belarus.

(1) Texts adopted, P6_TA(2008)0470.
(2) OJ L 300, 11.11.2008, p. 56.
(3) Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (OJ L 310, 9.11.2006, p. 1).
(4) Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (OJ L 386, 29.12.2006, p. 1).


Srebrenica
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European Parliament resolution of 15 January 2009 on Srebrenica
P6_TA(2009)0028RC-B6-0022/2009

The European Parliament,

–   having regard to its resolution of 7 July 2005 on Srebrenica(1),

–   having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, signed in Luxembourg on 16 June 2008, and the prospect of EU membership held out to all the countries of the western Balkans at the EU summit in Thessaloniki in 2003,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   whereas in July 1995 the Bosnian town of Srebrenica, which was at that time an isolated enclave proclaimed a Protected Zone by a United Nations Security Council Resolution of 16 April 1993, fell into the hands of the Serbian militias led by General Ratko Mladić and under the direction of the then President of the Republika Srpska, Radovan Karadžić,

B.   whereas, during several days of carnage after the fall of Srebrenica, more than 8 000 Muslim men and boys, who had sought safety in this area under the protection of the United Nations Protection Force (UNPROFOR), were summarily executed by Bosnian Serb forces commanded by General Mladić and by paramilitary units, including Serbian irregular police units which had entered Bosnian territory from Serbia; whereas nearly 25 000 women, children and elderly people were forcibly deported, making this event the biggest war crime to take place in Europe since the end of the Second World War,

C.   whereas this tragedy, declared an act of genocide by the International Criminal Tribunal for the Former Yugoslavia (ICTY), took place in a UN-proclaimed safe haven, and therefore stands as a symbol of the impotence of the international community to intervene in the conflict and protect the civilian population,

D.   whereas multiple violations of the Geneva Conventions were perpetrated by Bosnian Serb troops against Srebrenica's civilian population, including deportations of thousands of women, children and elderly people and the rape of a large number of women,

E.   whereas, in spite of the enormous efforts made to date to discover and exhume mass and individual graves and identify the bodies of the victims, the searches conducted until now do not permit a complete reconstruction of the events in and around Srebrenica,

F.   whereas there cannot be real peace without justice and whereas full and unrestricted cooperation with the ICTY remains a basic requirement for further continuation of the process of integration into the EU for the countries of the western Balkans,

G.   whereas General Radislav Krstić of the Bosnian Serb army is the first person found guilty by the ICTY of aiding and abetting the Srebrenica genocide, but whereas the most prominent indicted person, Ratko Mladić, is still at large almost fourteen years after the tragic events, and whereas it is to be welcomed that Radovan Karadžić now has been transferred to the ICTY,

H.   whereas the institutionalisation of a day of remembrance is the best means of paying tribute to the victims of the massacres and sending a clear message to future generations,

1.  Commemorates and honours all the victims of the atrocities during the wars in the former Yugoslavia; expresses its condolences to and solidarity with the families of the victims, many of whom are living without final confirmation of the fate of their relatives; recognises that this continuing pain is aggravated by the failure to bring those responsible for these acts to justice;

2.  Calls on the Council and the Commission to commemorate appropriately the anniversary of the Srebrenica-Potočari act of genocide by supporting Parliament's recognition of 11 July as the day of commemoration of the Srebrenica genocide all over the EU, and to call on all the countries of the western Balkans to do the same;

3.  Calls for further efforts to bring the remaining fugitives to justice, expresses its full support for the valuable and difficult work of the ICTY and stresses that bringing to justice those responsible for the massacres in and around Srebrenica is an important step towards peace and stability in the region; reiterates in that regard that increased attention needs to be paid to war crimes trials at domestic level;

4.  Stresses the importance of reconciliation as part of the European integration process; emphasises the important role of religious communities, the media and the education system in this process, so that civilians of all ethnicities may overcome the tensions of the past and begin a peaceful and sincere coexistence in the interests of enduring peace, stability and economic growth; urges all countries to make further efforts to come to terms with a difficult and troubled past;

5.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Government and Parliament of Bosnia and Herzegovina and its entities, and the governments and parliaments of the countries of the western Balkans.

(1) OJ C 157 E, 6.7.2006, p. 468.


Iran: the case of Shirin Ebadi
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European Parliament resolution of 15 January 2009 on Iran: the case of Shirin Ebadi
P6_TA(2009)0029RC-B6-0036/2009

The European Parliament,

–   having regard to its previous resolutions on Iran, in particular those concerning human rights,

–   having regard to the third interparliamentary meeting between the European Parliament and the Majlis (Parliament) of the Islamic Republic of Iran, held in Brussels on 4 and 5 November 2008, and the report thereon,

–   having regard to the declaration issued by the Council Presidency on behalf of the European Union on 22 December 2008 on the closure by the Iranian police of the Centre for the Defence of Human Rights (CDHR) led by the lawyer and 2003 Nobel Peace Prize laureate Shirin Ebadi,

–   having regard to the statements issued by the Council Presidency on 31 December 2008 on the threats against Shirin Ebadi,

–   having regard to the statement issued by the United Nations' Secretary-General on 3 January 2009 on the harassment and persecution of Shirin Ebadi and on her safety and security,

–   having regard to the previous resolutions of the UN General Assembly, in particular Resolution 63/191 of 18 December 2008 on the situation of human rights in the Islamic Republic of Iran,

–   having regard to the report by the UN Secretary-General of 1 October 2008 on the situation of human rights in the Islamic Republic of Iran,

–   having regard to the UN Declaration on Human Rights Defenders adopted on 9 December 1998,

–   having regard to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to all of which Iran is a party,

–   having regard to the Rule 115(5) of its Rules of Procedure,

A.   whereas the general human rights situation in Iran has continued to deteriorate since 2005 in all areas and respects, in particular as regards the exercise of civil rights and political freedoms, despite the fact that Iran has undertaken to promote and protect human rights and fundamental freedoms under the various international instruments in this field,

B.   whereas on 21 December 2008 Iranian police and security officials closed the CDHR, led by Shirin Ebadi, as it was preparing to hold a celebration marking the 60th anniversary of the UDHR,

C.   whereas on 29 December 2008 Shiran Ebadi's office in Tehran was searched and documents and computers were removed; whereas on 1 January 2009 hostile crowds demonstrated outside her home and office, chanting slogans against her, tearing down the sign on her law office and marking the building with graffiti,

D.   whereas there is increasing evidence that the Iranian authorities' persecution of Shirin Ebadi has intensified because of her contact with UN human rights officials and their use of information provided by her centre in a UN report of 2 October 2008 on the situation of human rights in Iran,

E.   whereas Shirin Ebadi received death threats after she had decided to take on the defence of the seven-member leadership of the Baha'i faith, who had been collectively arrested in May 2008; whereas the CDHR had also protested against the authorities barring students from universities,

F.   whereas in August 2008 Iran's official news agency (IRNA) spread false information that Shirin Ebadi's daughter Narges Tavasolian had converted to the Baha'i faith, an allegation which can have serious consequences, since Baha'i believers are harshly persecuted in Iran,

G.   whereas the members of another renowned human rights centre in Iran, the Human Rights Organisation of Kurdistan (HROK), are being just as severely harassed by the authorities and are under constant threat of arrest; whereas in particular its founder Mohammad Sadiq Kaboudvand has been sentenced to 10 years' imprisonment on the charge of 'acting against national security by establishing the HROK',

H.   whereas the Government and authorities of Iran have an affirmative obligation to protect human rights advocates; and whereas the above-mentioned UN Declaration on Human Rights Defenders, which the UN General Assembly adopted by consensus in 1998, stipulates that States 'shall take all necessary measures to ensure the protection by the competent authorities [of human rights defenders] against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action' as a consequence of their legitimate efforts to promote human rights,

1.  Strongly condemns the repression, persecution and threats against Shirin Ebadi and the closure of the CDHR in Tehran and expresses its grave concern at the intensified persecution of human rights defenders in Iran; points out that the raid by Iranian security forces on the Tehran CDHR is part of a broader attempt to silence Iran's human rights community;

2.  Expresses its serious concern that the continuing persecution, threats and attacks against Shirin Ebadi are not only endangering her safety and security, but also putting all Iranian civil society activists and human rights defenders in danger;

3.  Underlines that the closure of the CDHR is not only an attack on Shirin Ebadi and human rights defenders in Iran, but an attack on the entire international human rights community of which she is an influential and leading member;

4.  Urges the Iranian authorities to put an end to the repression, persecution and threats against Shirin Ebadi, to ensure her safety and security and to authorise the re-opening of the CDHR; calls on the Iranian authorities to allow the CDHR, the HROK and other human rights associations to function unhampered;

5.  Calls on the Iranian authorities to meet their international human rights commitments, and more specifically to respect the right of peaceful assembly enshrined in the International Covenant on Civil and Political Rights signed and ratified by Iran;

6.  Reiterates its concern regarding the persecution and imprisonment of citizens in Iran who engage in the defence of human rights and who campaign against the death penalty, which frequently results in their being charged with so-called activities against national security; calls also on Iran to end the harassment, intimidation and persecution of political opponents and human rights defenders, by inter alia releasing persons imprisoned arbitrarily or on the basis of their political views, and to end impunity for human rights violations;

7.  Condemns in the strongest possible terms the three stonings which took place in the city of Mashhad in late December 2008, as confirmed by the spokesman for the judiciary, and calls on the Iranian authorities to honour the proclaimed moratorium and to urgently introduce legislation to abolish this cruel punishment;

8.  Expresses serious concern at the deteriorating health of Mohammad Sadiq Kaboudvand since his imprisonment; considers him a prisoner of conscience and calls for his immediate and unconditional release and for him to be given medical care;

9.  Deeply deplores the method of suspension which is still being used against students in order to penalise them for organising open public debates, and calls on the authorities to release those who were arrested on the occasion of the last annual National Student Day, 6 December 2008, at the University of Shiraz;

10.  Appeals to the Iranian authorities to live up to the government's requirement to respect religious minorities and promptly release the Bahia' leaders Fariba Kamalabadi, Jamaloddin Khanjani, Afif Naeimi, Saeid Rasaie, Mahvash Sabet, Behrouz Tavakkoli and Vahid Tizfahm, as they have been imprisoned solely on the basis of their belief;

11.  Urges the Council and Commission to continue their examination of the human rights situation in Iran and to submit to it in the first half of 2009 a comprehensive report on the matter and to continue to raise specific cases of human rights abuses;

12.  Emphasises that the possible future conclusion of a Cooperation and Trade Agreement between Iran and the EU depends also on a substantial improvement in the human rights situation in Iran;

13.  Calls on the Council Presidency and the Members States' diplomatic representatives in Iran urgently to undertake concerted action with regard to the above-mentioned concerns;

14.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the UN Human Rights Council, the Head of the Judiciary of Iran and the Government and Parliament of the Islamic Republic of Iran.


Guinea
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European Parliament resolution of 15 January 2009 on the coup in Guinea
P6_TA(2009)0030RC-B6-0037/2009

The European Parliament,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   having regard to the seizure of power by a group of officers on 23 December 2008, the day after the death of President Lansana Conté,

B.   whereas Lansana Conté, then an officer, had himself taken power by force in 1984 at the moment of the death of his predecessor, President Sékou Touré, remaining in power for 24 years,

C.   whereas there is no justification for the military assuming the role of government in any nation,

D.   whereas the term of office of the National Assembly expired two years ago and no parliamentary elections have been held since,

E.   whereas it is for the people of Guinea and their representatives to decide on the political, economic and social future of the country, and the two-year timetable proposed by the junta for elections is far too long,

F.   whereas the coup has been condemned by the Economic Community of West African States (ECOWAS) and by the African Union (AU), both of which organisations have decided to suspend Guinea,

G.   whereas the main opposition parties and the trade union confederation which organised the strikes of June 2006 and January 2007 have taken note of the transfer of power, while the President of the National Assembly has called for the restoration of constitutional legality,

H.   whereas according to the World Bank one Guinean in two lives on the equivalent of one US dollar a day, and income per inhabitant has been constantly falling ever since independence, despite Guinea's significant hydraulic and mining resources,

I.   whereas Guinea is classified by Transparency International as one of the most corrupt countries in Africa,

J.   whereas the coup has occurred in a context of economic and social deterioration; whereas development offers the best chances of successfully achieving democracy,

K.   whereas demonstrations have been held repeatedly in several towns in Guinea in protest at the rising cost of living and shortages of basic foodstuffs,

L.   whereas the human rights record of the late President Lansana Conté is extremely alarming, including as it does the use of excessive force by the military and police against civilians, arbitrary arrest and detention without trial, and attacks on freedom of expression,

M.   whereas it is important to fully consider the proposals from political parties, trade unions and civil society organisations on how to move forward with a national dialogue in order to agree on a peaceful and democratic transition and a calendar for presidential and legislative elections,

N.   whereas the decisions and appointments, especially governmental, made by the junta are not in compliance with the rule of law,

O.   having regard to the nomination for the post of prime minister of Kabiné Komara, a former director of the African Import-Export Bank; whereas Mr Komara was on the list of potential prime ministerial candidates put forward by the trade unions at the time of the February events,

P.   having regard to the arbitrary arrests of military and civilian leaders;

1.  Condemns the seizure of power by a group of officers, and calls for the holding of free and transparent parliamentary and presidential elections complying with international norms, within the next few months and with AU and ECOWAS cooperation and EU support under the authority of a civilian transitional government;

2.  Calls for an inter-Guinean national dialogue with the participation of all political parties, trade unions and civil society organisations, to pave the way for a democratic transition;

3.  Calls on the junta to respect the right to freedom of opinion, expression and association, including the right to peaceful assembly, as expressed in the Universal Declaration of Human Rights;

4.  Condemns the arrests and detention without charge of military personnel and civilians, and calls for those arrested to be freed forthwith if no significant charges can be substantiated against them;

5.  Notes the political undertakings of the new Guinean leaders concerning, in particular, a concerted effort to tackle corruption and the introduction of a transparent and democratic system in Guinea; calls for these undertakings to be acted on;

6.  Welcomes the decisions by the AU and ECOWAS to suspend Guinea as long as it has no democratically elected parliament or government;

7.  Calls for the opening of a political dialogue between the EU and the transitional authorities now in power in Guinea, in the framework of Articles 8 and 96 of the Cotonou Agreement;

8.  Calls on the Commission to be prepared to freeze all aid other than humanitarian and food aid, and to consider targeted sanctions against the members of the authorities which have seized power should there not be a democratic transition;

9.  Instructs its President to forward this resolution to the Council and Commission, the UN Security Council, the Council and Commission, the institutions of the African Union, ECOWAS, the ACP-EU Joint Parliamentary Assembly and the Guinean authorities.


Press freedom in Kenya
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European Parliament resolution of 15 January 2009 on press freedom in Kenya
P6_TA(2009)0031RC-B6-0038/2009

The European Parliament,

–   having regard to the African Charter on Human and Peoples' Rights,

–   having regard to its previous resolutions on Kenya,

–   having regard to the Universal Declaration of Human Rights,

–   having regard to Rule 115(5) of its Rules of Procedure,

A.   whereas on 2 January 2009 President Kibaki assented to the Kenya Communications (Amendment) Bill 2008, which amended the Kenya Communications Act of 1998,

B.   whereas the 2008 Act, as it stands, disregards the rights to freedom of expression and press freedom as enshrined in the Universal Declaration of Human Rights and echoed in other international conventions which Kenya has signed and ratified, including the African Charter on Human and Peoples' Rights,

C.   whereas the two main problematic sections are Sections 88 and 46; whereas Section 88 gives the Information Minister considerable powers to raid media organisations that are deemed to be a threat to national security and to dismantle their broadcasting equipment; whereas Section 46 gives the State the power to regulate contents to be aired and published by electronic and print media respectively,

D.   whereas according to a press release issued by the East African Journalists' Association (EAJA), the 2008 media Act would introduce direct media censorship by the government,

E.   whereas Prime Minister Odinga has joined widespread opposition to the legislation; whereas Orange Democratic Movement (ODM) officials recently held crisis talks, claiming that the President had failed to consult the Prime Minister over the Act,

F.   whereas, according to the Kenyan National Commission for Human Rights, the presidential assent to the Bill indicates that the Grand Coalition is not working in unison,

G.   whereas freedom of expression is a fundamental human right, as stated in Article 19 of the Universal Declaration of Human Rights,

H.   whereas, a year ago, following flawed presidential elections in Kenya, street demonstrations led to riots and ethnic clashes that spread across the country, killing more than 1 000 people and leaving another 350 000 homeless,

1.  Regrets the signing of the Kenya Communications (Amendment) Bill by President Kibaki, who neglected to take widely reported reservations about it into consideration at the time of its signature;

2.  Welcomes, however, President Kibaki's recent move to revise the Act and his gesture to consider amendments to the legislation proposed by members of the media;

3.  Reiterates its commitment to press freedom and the fundamental rights of freedom of expression, information and association; stresses that access to information representing a plurality of opinion is essential for the empowerment of citizens;

4.  Calls on the Kenyan Government to initiate stakeholder consultations in order to build a consensus on how to better regulate the communications industry without interfering with press freedom; asks President Kibaki and Prime Minister Odinga to do their utmost to guarantee that any updated version of the new media Act will be compatible with the principles of freedom of expression and information;

5.  Underlines the need to address the culture of impunity in Kenya in order to bring those responsible for the post-election violence a year ago to justice; calls for the setting-up of an independent commission, consisting of local and international legal experts, to carry out investigations and prosecutions; notes that President Kibaki and Prime Minister Odinga have agreed in theory to create such a commission, but that it has yet to be formed;

6.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Government of Kenya, the Co-Presidents of the ACP EU Joint Parliamentary Assembly, the East African Community, and the Chairmen of the Commission and the Executive Council of the African Union.

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