European Parliament legislative resolution of 11 February 2010 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (COM(2009)0588 – C7-0279/2009 – 2009/0163(COD))

P7_TA(2010)0026 A7-0003/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0588),

–   having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0279/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(3) and Article 212(2) of the Treaty on the Functioning of the EU,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs (A7-0003/2010),

1.  Adopts the position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

Position of the European Parliament adopted at first reading on 11 February 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council amending Council Regulation (EC) No 1085/2006 establishing an Instrument for Pre-Accession Assistance (IPA)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 540/2010.)

European Parliament legislative resolution of 11 February 2010 on the proposal for a Council decision on the conclusion by the European Community of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (COM(2009)0373 – C7-0156/2009 – 2009/0100(NLE))

P7_TA(2010)0027 A7-0005/2010

(Consultation)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2009)0373),

–   having regard to Articles 61(c) and 300(2), first subparagraph, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0156/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Articles 81(3) and 218(6)(b) of the Treaty on the Functioning of the EU,

–   having regard to Rules 55 and 90(8) of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A7-0005/2010),

1.  Approves conclusion of the Convention;

2.  Instructs its President to forward its position to the Council and the Commission.

European Parliament legislative resolution of 11 February 2010 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1672/2006/EC of the European Parliament and of the Council establishing a Community Programme for Employment and Social Solidarity - Progress (COM(2009)0340 – C7-0052/2009 – 2009/0091(COD))

P7_TA(2010)0028 A7-0049/2009

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0340),

–   having regard to Article 251(2) and Article 13(2), Article 129 and Article 137(2)(a) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0052/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(3) and Article 19(2), Article 149 and Article 153(2)(a) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Budgets (A7-0049/2009),

1.  Adopts the position at first reading hereinafter set out;

2.  Takes note of the Commission statement annexed hereto;

3.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

4.  Instructs its President to forward its position to the Council, the Commission and to the national parliaments.

Position of the European Parliament adopted at first reading on 11 February 2010 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council amending Decision No 1672/2006/EC establishing a Community Programme for Employment and Social Solidarity - Progress

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 284/2010/EU.)

Annex

Statement by the Commission

Re: Financing of the European Microfinance Facility

The financial contribution from the Union budget for the Facility for the period 1 January 2010 to 31 December 2013 has been set at EUR 100 million, to be partly financed by a reduction of EUR 60 million in the Progress programme.

When presenting its draft budget(s), the Commission will leave a sufficient unallocated margin under the expenditure ceiling of Heading 1a whereby the Budgetary Authority i.e. Council and Parliament, may decide to increase the amount of the Progress programme by a maximum of EUR 20 million over the period 2011-2013 in conformity with point 37 of the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management.

European Parliament legislative resolution of 11 February 2010 on the proposal for a Council decision on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for purposes of the Terrorist Finance Tracking Program (05305/1/2010 REV 1 – C7-0004/2010 – 2009/0190(NLE))

P7_TA(2010)0029 A7-0013/2010

(Consent)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2009)0703 and 05305/1/2010 REV 1),

–   having regard to the text of the agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for purposes of the Terrorist Finance Tracking Program (16110/2009),

–   having regard to its resolution of 17 September 2009 on the envisaged international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing(1),

–   having regard to the request for consent submitted by the Council pursuant to Article 218 (6)(a) in conjunction with Articles 82(1)(d) and 87(2)(a) of the Treaty on the Functioning of the EU (C7-0004/2010),

–   having regard to Rules 81 and 90(8) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0013/2010),

1.  Withholds its consent to the conclusion of the Agreement;

2.  Requests the European Commission to immediately submit recommendations to the Council with a view to a long-term agreement with the United States dealing with the prevention of terrorism financing; reiterates that any new agreement in this area should comply with the new legal framework established by the Treaty of Lisbon and the now binding Charter of Fundamental Rights of the European Union, and renews the requests made in its resolution of 17 September 2009, particularly in paragraphs 7 to 13;

3.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the government of the United States of America.

(1) Texts adopted, P7_TA(2009)0016.

European Parliament resolution of 11 February 2010 on the proposal for a Council directive implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU (COM(2009)0577)

P7_TA(2010)0030 B7-0063/2010

The European Parliament,

–   having regard to the Commission proposal for a Council directive implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by the European Hospital and Healthcare Employers‘ Association (HOSPEEM) and the European Federation of Public Service Unions (EPSU) (COM(2009)0577),

–   having regard to Articles 153(1)(a) and 155 of the Treaty on the Functioning of the EU,

–   having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 31(1) thereof,

–   having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(1),

–   having regard to Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)(2),

–   having regard to Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)(3),

–   having regard to Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)(4),

–   having regard to the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU,

–   having regard to the fact that the Framework Agreement included a joint request for the Commission to implement the Agreement by a Council decision on a proposal from the Commission, in accordance with Article 155(2) of the Treaty on the Functioning of the EU,

–   having regard to its resolution of 24 February 2005 on promoting health and safety at the workplace(5),

–   having regard to its resolution of 6 July 2006 with recommendations to the Commission on protecting European healthcare workers from blood-borne infections due to needle-stick injuries(6),

–   having regard to its resolution of 15 January 2008 on the Community strategy 2007–2012 on health and safety at work(7),

–   having regard to Rule 84(3) of its Rules of Procedure,

A.   whereas needle-stick injuries may lead to the transmission of more than 20 life-threatening viruses, including Hepatitis B, Hepatitis C, and HIV/Aids, and thus present a serious health problem,

B.   whereas needle-stick injuries and other injuries caused by sharp medical instruments represent one of the most common and serious risks for health workers throughout Europe; considering that hospital staff and health professionals often risk infections caused by injuries as a result of the use of needles or other sharp instruments,

C.   whereas independent studies have shown that the majority of needle-stick injuries can be prevented by better training, better working conditions and the general use of safer medical instruments incorporating sharps protection mechanisms,

D.   whereas experts estimate that there are more than one million needle-stick injuries in the European Union every year,

E.   whereas the psychological and emotional impact following a needle-stick or other sharps injury can be enormous, even when an infection is not subsequently contracted, as the worker and his or her family face many months of uncertainty regarding the health outcome of the injury,

F.   whereas the initiative to provide a legislative solution to adequately protect Europe's healthcare workers from potentially fatal blood-borne infections due to injuries with needles and other sharp medical instruments originates in its abovementioned resolution of 6 July 2006,

G.   whereas there is a serious shortage of healthcare staff and studies suggest that the serious health risks faced on a daily basis form one of the main reasons why a career in healthcare is considered unattractive; whereas the European Competitiveness Report 2004 recognised the increasing shortage of workers in the health sector as a matter of particular concern for the European Union,

H.   whereas the entry into force of the Framework Agreement will represent an important contribution to protecting the health and safety of workers active in the hospital and healthcare sector,

I.   whereas it is necessary to ensure the highest possible level of safety in the working environment in hospitals and wherever healthcare activities are undertaken,

J.   whereas legislation concerning social issues should avoid imposing unnecessary administrative, financial and legal constraints which could hinder the development of small and medium-sized enterprises,

1.  Welcomes the fact that the Commission has requested Parliament's opinion, particularly since this is an issue that has received considerable attention from Parliament over a period of many years;

2.  Recognises that the proposed Council directive incorporates the most significant findings of its abovementioned resolution of 6 July 2006;

3.  Welcomes the fact that the Framework Agreement has been developed on an equal basis in cooperation between HOSPEEM (European Hospital and Healthcare Employers‘ Association) and the FSESP (Fédération Syndicale Européenne des Services Publics), who are recognised by the Commission as European social partners in the hospital and healthcare system;

4.  Welcomes the fact that the Framework Agreement entails a clause on ‘minimum standards’ without prejudice to existing and future national and Community provisions that are more favourable to workers. Recalls that the Member States and/or the social partners should be free and encouraged to adopt additional measures which are more favourable to workers in the area concerned;

5.  Recommends that the measures defined in the proposed directive be urgently adopted and implemented, as the workers in question have already waited more than five years since this very serious matter was first brought to the Commission's attention;

6.  Calls upon the Commission to draw up and issue guidance to accompany the agreement and thereby assist with its smooth implementation in all Member States;

7.  Calls on the Commission to monitor the application process for the Agreement and to inform, on a regular basis, the European Parliament on its implementation;

8.  Instructs its President to forward this resolution to the Council, the Commission and the social partners which are party to the Framework Agreement.

(1) OJ L 183, 29.6.1989, p. 1. (2) OJ L 393, 30.12.1989, p. 13. (3) OJ L 393, 30.12.1989, p. 18. (4) OJ L 262, 17.10.2000, p. 21. (5) OJ C 304 E, 1.12.2005, p. 400. (6) OJ C 303 E, 13.12.2006, p. 754. (7) OJ C 41 E, 19.2.2009, p. 14.

European Parliament resolution of 11 February 2010 on Venezuela

P7_TA(2010)0031 RC-B7-0093/2010

The European Parliament,

–   having regard to its previous resolutions on the situation in Venezuela and, in particular, those of 7 May 2009, 23 October 2008 and 24 May 2007,

–   having regard to Rule 122(5) of its Rules of Procedure,

A.   whereas the concept of freedom and independence of the media constitutes an essential component of the fundamental right to freedom of expression enshrined in the Universal Declaration of Human Rights,

B.   whereas media freedom is of primary importance for democracy and respect for fundamental freedoms, given its essential role in guaranteeing the free expression of opinions and ideas, with due respect for the rights of minorities, including political oppositions, and in contributing to people's effective participation in democratic processes, enabling the holding of free and fair elections,

C.   whereas the right of the public to receive information from pluralistic sources is fundamental to any democratic society and to citizens‘ participation in the political and social life of a country,

D.   whereas the obligation imposed by the Law on Social Responsibility in Radio and Television on all media to broadcast in full all speeches made by the Head of State does not comply with such principles of pluralism,

E.   whereas Articles 57 and 58 of Venezuela's Constitution guarantee freedom of expression, communication and information,

F.   whereas the media must abide by the provisions of the law; whereas closing a media outlet should be the last resort and a measure that should only be implemented after all the guarantees of due process have been given, including the right to present a defence and appeal in independent courts of justice,

G.   whereas in May 2007 Radio Caracas Televisión's open signal was suspended by President Hugo Chávez and the channel was obliged to become international in order to be able to transmit a signal through cable television,

H.   whereas the first protests by the student movement began as a result of the channel being taken off the air,

I.   whereas on 1 August 2009 the government of Hugo Chávez ordered the closure of 34 radio stations through a refusal to renew their licences,

J.   whereas in January 2010 President Chávez ordered RCTV International (RCTVI) and five other cable and satellite TV channels (TV Chile, Ritmo Son, Momentum, America TV and American Network) off the air after they failed to broadcast the official presidential speech on the occasion of the 52nd anniversary of the overthrow of Perez Jimenez; whereas two of them – America TV and RCTVI – are still banned,

K.   whereas this new shut-down triggered a further wave of student protests, which were harshly suppressed by the police in many of the country's states and cities, and these events resulted in the deaths of two young students in the city of Mérida and dozens of injuries,

L.   whereas these measures are designed to obtain control over and gag the media, if not to curtail the democratic rights to freedom of expression and information,

M.   whereas the OAS, through the Inter-American Commission on Human Rights, has warned that this new move to take channels off the air has enormous repercussions in terms of the right to freedom of expression,

N.   whereas President Chávez recently stated that the use of social networking sites such as Twitter, of the Internet and of text messaging via mobile phones to criticise or oppose his regime ‘is terrorism’,

O.   whereas the reform of the law on science and technology currently being debated by the National Assembly of Venezuela aims to regulate ‘information networks’ in a manner that could lead to internet censorship,

P.   whereas Venezuela has signed the International Covenant on Economic, Social and Cultural Rights and the American Convention on Human Rights,

Q.   whereas Venezuela is the country with the largest energy reserves in Latin America and whereas measures such as arbitrary confiscation and expropriation, some of which affect EU interests, undermine the basic social and economic rights of citizens,

R.   whereas some leaders close to President Chávez, such as Ramón Carrizález, Vice-President and Minister of Defence, Mrs Yubiri Ortega, Minister of the Environment, and Mr Eugenio Vázquez Orellana, Chairman of the Central Bank, have recently submitted their resignations,

S.   whereas, according to Transparency International's 2009 report, Venezuela is one of the most corrupt countries in the world,

T.   whereas the latent climate of insecurity and the levels of crime and violence, which have turned Venezuela and its capital Caracas, into one of the most dangerous places in the world, are causing concern among the people of Venezuela,

U.   whereas the many insults, threats and attacks directed against national and international leaders by President Chávez have given rise to unease and a huge number of unnecessary tensions, which in some cases have even led to an order for the mobilisation of troops with a view to a possible war with Colombia,

1.  Is appalled at the death of the two young students, Yonisio Carrillo and Marcos Rosales, during the protests in Mérida, and calls on the authorities to carry out an investigation into the reasons why these young men were killed and calls for those guilty to be dealt with by the justice system;

2.  Regrets the government's decision no longer to allow these channels to broadcast in Venezuela and calls for their reinstatement;

3.  Calls on the Venezuelan authorities to review this decision and the obligation to broadcast fully all speeches made by the Head of State;

4.  Reminds the Government of the Bolivarian Republic of Venezuela of its obligation to respect freedom of expression and opinion and freedom of the press, as it is bound to do under its own Constitution and under the different international and regional conventions and charters to which Venezuela is a signatory;

5.  Calls on the Government of Venezuela, in the name of the principle of the impartiality of the State, to ensure equal treatment under the law for all media, including the Internet, whether privately or publicly owned and irrespective of all political or ideological considerations;

6.  Believes that the Venezuelan media should guarantee pluralistic coverage of Venezuelan political and social life;

7.  Believes that the ‘National Telecommunications Commission’ should show itself to be independent of the political and economic authorities and ensure equitable pluralism;

8.  Calls on the Venezuelan Government to be committed to the values of the rule of law and to promote, protect and respect the right to freedom of expression, including on the Internet, and freedom of assembly;

9.  Points out that, under the Organisation of American States‘ Inter-American Democratic Charter, in a democracy, in addition to clear and necessary legitimacy of origin, grounded in and obtained at the polls, legitimacy of exercise must also be complied with, and this must be founded on respect for pluralism, the established rules, the constitution in force, the laws and the rule of law as a guarantee of a fully functioning democracy, and this must of necessity include respect for peaceful and democratic political opposition, especially where that opposition has been elected in the polls and enjoys a popular mandate;

10.  Is deeply worried by the drift towards authoritarianism shown by the government of President Hugo Chávez, whose actions are directed towards weakening the democratic opposition and restricting the rights and freedoms of citizens;

11.  Calls upon the Venezuelan Government, with a view to the parliamentary elections on 26 September 2010, to respect the rules of democracy and the principles of freedom of expression, assembly, association and election;

12.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative for Foreign Affairs and Security Policy, the Government and National Assembly of Bolivarian Republic of Venezuela, the Euro-Latin American Parliamentary Assembly and the Secretary-General of the Organisation of American States.

European Parliament resolution of 11 February 2010 on the situation in Madagascar

P7_TA(2010)0032 RC-B7-0099/2010

The European Parliament,

–   having regard to Articles 8 and 9 of the Cotonou Agreement, concerning political dialogue and respect for human rights respectively,

–   having regard to the resolution adopted by the ACP-EU Joint Parliamentary Assembly in Luanda on 3 December 2009,

–   having regard to its previous resolutions on Madagascar, particularly that of 7 May 2009 on the situation in Madagascar,

–   having regard to the suspension of Madagascar from the Southern African Development Community (SADC) and the African Union (AU),

–   having regard to the position of the AU, which, on 2 February 2010, called on ‘the illegal regime in Madagascar to cease its attempts to impose unilateral solutions to the crisis’, and which reaffirmed ‘the need to establish the transitional institutions agreed upon in the Maputo Charter and the Addis Ababa Additional Act’,

–   having regard to the position of the SADC Organ on Defence and Security of 15 January 2010, which called on the international community ‘to reject the plans of Andry Rajoelina, who wishes to disregard the power-sharing agreements and call parliamentary elections in March’,

–   having regard to the decision of the United States of America to cease to allow Madagascar to enjoy the benefits of the AGOA (African Growth and Opportunity Act) because of its political situation,

–   having regard to the Maputo Accords of 8 and 9 August 2009 and the Addis Ababa Additional Act of 6 November 2009, signed by the four leaders of the political groupings in Madagascar,

–   having regard to Rule 122(5) of its Rules of Procedure,

A.   whereas the persistent political instability which has prevailed since the coup d'état has placed Madagascar in a precarious position from both the socioeconomic and the humanitarian point of view,

B.   whereas on 18 December 2009 the military-backed leader of Madagascar, Mr Andry Rajoelina, withdrew from power-sharing negotiations with the political groupings in Madgascar,

C.   whereas on 18 December 2009 Mr Rajoelina named former military officer Colonel Albert Camille Vital as Prime Minister,

D.   whereas opposition groups including groups led by former President Marc Ravalomanana have condemned the appointment of Colonel Albert Camille Vital as Prime Minister as an illegal act by an illegal power,

E.   having regard to the widespread human rights violations, the harassment and arbitrary arrest of parliamentarians, clerics and members of civil society, the pillage of churches and intimidation of the press,

F.   whereas the international community has sought to bring about a negotiated end to the crisis, which is currently being deliberately blocked, while the illegal regime which is in power continues to defy the international community,

G.   whereas on Monday, 6 July 2009, the European Union initiated a consultation process with Madagascar pursuant to Article 96 of the Cotonou Agreement, thus launching a dialogue intended to find appropriate solutions to the country's political problems,

H.   having regard to the need and capacity of the Madagascan people to choose their future and exercise self-determination,

I.   whereas the present illegal regime is monopolising executive, legislative and judicial powers and the media,

J.   whereas Mr Rajoelina has announced his wish unilaterally to organise parliamentary elections contrary to the electoral timetable and without consulting the Madagascan people as required by the Maputo Charter and the Addis Ababa Additional Act,

K.   whereas according to the IMF, donors‘ assistance to Madagascar accounted for 50% of the national budget, and whereas the EU has suspended its development aid funding until a democratic solution is found to the current crisis,

L.   whereas the majority of the population is living on less than one dollar per day, whereas 7 000 children are suffering from serious malnutrition and whereas the situation has been aggravated since the beginning of the political crisis,

M.   whereas the government has issued a decree legalising the export of unprocessed and endangered wood, threatening the biodiversity of the country, which may be lost for ever,

1.  Reiterates its strong condemnation of the process by which Mr Rajoelina seized power in Madagascar, in flagrant violation of the provisions of the Madagascan Constitution, which constitutes an outright coup d'état;

2.  Strongly condemns the decision by Mr Rajoelina to cancel the appointment of Eugene Mangalaza as Prime Minister, installed after a power-sharing deal between all political parties in October 2009;

3.  Strongly condemns the decision by Mr Rajoelina to boycott the third round of negotiations in Maputo in December and to withdraw from power-sharing talks;

4.  Urges that the Accords signed in Maputo and Addis Ababa be implemented, which should lead to the restoration of constitutional government;

5.  Condemns the systematic repression of the opposition, censorship of the media, the intimidation and systematic arrest of journalists, arrests and torture of civilians and politicians, and the detention of many persons without charge and at unknown locations; calls for the immediate and unconditional release of all political prisoners and cancellation of the judicial proceedings against them;

6.  Expresses its deep concern about the disappearance of several hundred people, including around 100 children and adolescents;

7.  Calls for an independent international investigation of all political killings in Madagascar, all human rights violations and all acts of repression committed by the security forces and the army;

8.  Disapproves of any attempt by Mr Rajoelina to organise elections in March 2010 unilaterally, and supports only such elections as have been prepared by a consensual and inclusive government as provided for in the Maputo Charter and the Addis Ababa Additional Act, in accordance with the electoral timetable and after consultation of the Madagascan people; calls, therefore, on the Commission and Member States to send an electoral observation mission only in accordance with the conditions laid down by the Maputo and Addis Ababa Accords;

9.  Believes that the Maputo Agreement and the Addis Ababa Additional Act on Madagascar constitute the only possible framework for a solution to the political crisis in Madagascar; considers that constructive dialogue is the only viable way to reach a political solution to the crisis;

10.  Calls for the rapid organisation of the process of disarmament and dissolution of the militias with a view to restoring a republican army;

11.  Calls, in the event of failure to comply with the commitments accepted at Maputo and Addis Ababa, for individual, targeted sanctions to be imposed selectively on the current leaders of the High Transitional Authority (HTA) who are deliberately blocking progress;

12.  Calls for prosecution of those believed to have pillaged private or public property or the natural resources of Madagascar; calls on any interim government of Madagascar not to conclude any agreement or contract with other countries or undertakings relating to natural resources or the national heritage before elections have been held and the people of Madagascar have conferred a legitimate mandate on a new government;

13.  Calls on the international community and the EU to increase their humanitarian aid to the people of Madagascar; recalls that the gradual restoration of cooperation programmes with Madagascar is conditional on the establishment of the agreed transitional institutions of consensual and inclusive government in accordance with the Maputo Charter and the Addis Ababa Additional Act and on full respect for all democratic principles and fundamental freedoms;

14.  Supports the efforts of the former President of the Republic of Mozambique, Mr Joaquim Chissano, the SADC mediator in this process, and calls on the four political groupings in Madagascar to return to the negotiating table immediately to agree on a political agenda for fair, democratic and transparent elections in 2010;

15.  Calls on the AU, the SADC and the international contact group to bring the transition process to a satisfactory conclusion;

16.  Calls on the Commission to report to the European Parliament on the development of the consultation process which is under way with Madagascar pursuant to Article 96 of the Cotonou Agreement;

17.  Instructs its President to forward this resolution to the Vice-President/High Representative of the EU for Foreign Affairs and Security Policy, the Commission, the Council of the European Union, the ACP-EU Council, the Secretary-General of the United Nations, the SADC, President Joaquim Chissano and the Commission of the African Union.

European Parliament resolution of 11 February 2010 on Burma

P7_TA(2010)0033 RC-B7-0105/2010

The European Parliament,

–   having regard to the Council Conclusions of 27 April 2009 on Burma/Myanmar and the Council Common Position renewing restrictive measures against Burma,

–   having regard to the European Council Conclusions - Declaration on Burma/Myanmar of 19 June 2009,

–   having regard to the statement by the Presidency on behalf of the European Union of 11 June 2009 on the Karen civilians fleeing Burma/Myanmar,

–   having regard to the EU Presidency statement of 23 February 2009 calling for all-inclusive dialogue between the authorities and democratic forces in Burma/Myanmar,

–   having regard to United Nations General Assembly Resolution 64/238 of 23 December 2009 on the situation of human rights in Myanmar,

–   having regard to the statement by the Presidency on behalf of the European Union of 14 May 2009 on the arrest of Daw Aung San Suu Kyi,

–   having regard to the ASEAN Chairman's statement of 11 August 2009 on Myanmar,

–   having regard to its previous resolutions on Burma/Myanmar,

–   having regard to Rule 122(5) of its Rules of Procedure,

A.   whereas the human rights situation in Burma/Myanmar has continued to deteriorate, political repression has escalated further and the fundamental freedoms of the Burmese people are being systematically violated,

B.   whereas the military continues to perpetrate human rights violations, including extrajudicial killings, forced labour and sexual violence, against civilians in ethnic conflict areas,

C.   whereas the Burmese regime is persisting with the widespread and systematic forced recruitment of child soldiers,

D.   whereas according to reports there are some 2177 political prisoners, including 14 journalists, in Burma, and whereas more than 230 Buddhist monks involved in the 2007 protests remain in prison,

E.   whereas in autumn 2010 Burma/Myanmar is expected to hold its first parliamentary elections in two decades,

F.   whereas the elections will be based on the army-drafted Constitution, the legitimacy of which has been widely challenged; whereas this new Constitution foresees elections in 2010 to justify five decades of military rule and gives the military 25% of the seats in parliament,

G.   whereas the new Constitution bars Aung San Suu Kyi, leader of the National League for Democracy (NLD) and Nobel Peace Prize winner, from public office; whereas some opposition parties and ethnic minority groups have declared that they will boycott the elections, whilst the NLD will not accept their outcome if there is no prior dialogue on constitutional review,

H.   whereas on 28 January 2010 Ngwe Soe Lin was sentenced to 13 years‘ imprisonment for working for the foreign news agency Democratic Voice of Burma, whilst on 30 December 2009 Hla Hla Win was sentenced to 27 years in jail on similar charges,

I.   whereas the continuous crackdown on political dissent must be seen as an attempt by the Burmese junta to establish greater control over the media ahead of the national elections planned for later this year,

J.   whereas on 11 August 2009 Daw Aung San Suu Kyi was sentenced to three years in prison, a sentence that was later commuted by the Burmese authorities to 18 months to be served under house arrest; whereas her lawyers have appealed to Burma's Supreme Court against the sentence; whereas the unjustified trial and verdict against Daw Aung San Suu Kyi has been widely condemned by the international community,

K.   whereas in May 2009 attacks by the Burmese Army and the Democratic Karen Buddhist Army (DKBA) displaced thousands of civilians and forced an estimated 5000 refugees to flee into Thailand; whereas there is a severe risk that upon their return the Karen refugees will be subjected to severe human rights violations, including forced labour and rape by soldiers of the Burmese Army,

L.   whereas there are an estimated half a million internally displaced persons in eastern Burma, 140 000 refugees remain in nine camps along the Thailand-Burma border, and over 200 000 Rohingyas are living in refugee camps or scattered over south-eastern Bangladesh; whereas millions of Burmese migrants, refugees and asylum seekers are living in Thailand, India, Bangladesh and Malaysia and are sometimes victims of trafficking,

M.   whereas starting on 2 January 2010 there has been an unprecedented crackdown by Bangladesh law enforcement agencies on unregistered Rohingya refugees who have settled outside the two official refugee camps in Cox's Bazar District; whereas more than 500 Rohingyas have since been arrested and some of those arrested have been forced back across the Burmese border, whilst others have been charged under immigration law and jailed,

N.   whereas more than 5000 self-settled Rohingyas in Bangladesh have already fled their homes and flocked to the Kutupalong makeshift camp in Ukhia in search of safety; whereas the population of that camp has now swelled to an estimated 30 000 people, who do not receive food assistance and are now being denied access to a livelihood, as they would face arrest if they were to leave the camp to find work,

1.  Strongly condemns the ongoing, systematic violations of the human rights, fundamental freedoms and basic democratic rights of the people of Burma/Myanmar;

2.  Expresses grave concern at the recent trial, conviction and sentencing of Daw Aung San Suu Kyi and calls for her immediate and unconditional release; calls for her to be granted the right to participate in the forthcoming elections;

3.  Takes note of the decision by the Government of Burma/Myanmar to hold elections and insists that under the present conditions they cannot be considered free and democratic; criticises, in particular, the ban on Aung San Sui Kyi standing as a candidate;

4.  Calls on the Government of Burma/Myanmar immediately to open a genuine dialogue with the NLD, all other opposition parties and ethnic groups; welcomes, in this context, the mediation efforts by the UN Secretary-General and his Special Rapporteur on Human Rights in Burma/Myanmar;

5.  Strongly urges the Government of Burma/Myanmar to take without delay the steps needed to ensure a free, fair, transparent and inclusive electoral process consistent with international standards, including by enacting the required electoral laws, allowing all voters and all political parties to participate in the electoral process and agreeing to the presence of international observers;

6.  Condemns the arbitrary charges behind the arrests of political opponents of the Burmese regime or dissidents, particularly the continuing repression and intimidation of Buddhist monks; urges the Burmese authorities to desist from further politically motivated arrests and to release all prisoners of conscience, including the monks, immediately and unconditionally and with full restoration of their political rights;

7.  Condemns the restrictions on freedom of assembly, association, movement and expression in Burma/Myanmar; urges the authorities of Burma/Myanmar to lift these restrictions, including those imposed on the free and independent media;

8.  Expresses its concern at the continuing discrimination, human rights violations, violence, child and forced labour, displacement and forms of repression suffered by numerous ethnic and religious minorities, and calls on the Government of Burma/Myanmar to take immediate action to improve their respective situations;

9.  Expresses grave concern at the continuing use of practices such as arbitrary detention, enforced disappearance, rape and other forms of sexual violence, torture and cruel, inhuman and degrading treatment; calls strongly on the Government of Burma/Myanmar to ensure that a full, transparent, effective, impartial and independent investigation is carried out into all reports of human rights violations and to bring those responsible to justice in order to end impunity for such crimes;

10.  Calls strongly on the Burmese military junta to put an immediate end to the continuing recruitment and use of child soldiers, to step up measures to protect children from armed conflict and to pursue its cooperation with the Special Representative of the UN Secretary-General for Children and Armed Conflict;

11.  Condemns in strong terms the ethnic cleansing campaigns directed by the Government of Burma/Myanmar against minorities, including those seeking refuge in neighbouring countries;

12.  Calls on the Royal Thai Government to continue providing shelter and protection to Karen refugees fleeing abuses in Burma/Myanmar and to work with the Office of the United Nations High Commissioner for Refugees, the Thai-Burma Border Consortium and the international community to find an alternative solution that ensures the safety of the 3000 Karen refugees;

13.  Urges the Commission, in light of the ongoing conflict on the Thailand-Burma border, to maintain the EC Humanitarian Office's support for refugee assistance in that area in 2010;

14.  Welcomes the fact that the Bangladesh Government is allowing a fact-finding mission by its South Asia delegation to examine the situation of the Rohingya population in Cox's Bazar and Bandarban Districts next week, and calls on the Bangladesh Government to recognise that the unregistered Rohingyas are stateless asylum seekers who have fled persecution in Burma/Myanmar and are in need of international protection, and to provide them with adequate protection, access to a livelihood and other basic services;

15.  Urges the governments of China, India and Russia to use their economic and political leverage with the authorities of Burma/Myanmar in order to bring about substantial improvements in the country and to stop supplying the Burmese regime with weaponry and other strategic resources;

16.  Calls on the Council to maintain the restrictive measures targeted against the Burmese regime until there is tangible progress on democratisation; at the same time, urges the Council to evaluate the effectiveness of the restrictive measures;

17.  Instructs its President to forward this resolution to the High Representative/Vice-President of the Commission, Catherine Ashton, the governments and parliaments of the Member States, the EU Special Envoy for Burma/Myanmar, the Burmese State Peace and Development Council, the governments of the ASEAN and ASEM member states, the governments of Bangladesh and Russia, the ASEM Secretariat, the ASEAN Inter-Parliamentary Myanmar Caucus, Daw Aung San Suu Kyi, the National League for Democracy, the UN Secretary-General, the UN High Commissioner for Human Rights and the UN Special Rapporteur on Human Rights in Burma/Myanmar.