European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto (02074/2011 – C7-0090/2011 – 2011/0901A(COD))

P7_TA(2012)0294 A7-0185/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the request by the Court of Justice submitted to Parliament and the Council (02074/2011),

–  having regard to the first and second paragraphs of Article 257 and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0090/2011),

–  having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the Commission (COM(2011)0596),

–  having regard to the letter of the Court of Justice of 8 May 2012,

–  having regard to the letter of the Commission of 30 May 2012,

–  having regard to the undertaking given by the Council representative by letter of 31 May 2012 to approve Parliament's position, in accordance with Article 294(4) 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 Legal Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A7-0185/2012),

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

2.  Notes that, having regard to the partial renewal of the Court of Justice on 7 October 2012 and the urgent need to find a solution that guarantees the proper functioning of the Civil Service Tribunal, it is necessary for the proposed amendments to the Statute relating to the organisation of the Court of Justice and that of the General Court and to the Civil Service Tribunal to be adopted without further delay, as pointed out in the letter of the President of the Court of Justice of the European Union of 8 May 2012;

3.  Reserves its right to examine the part of the request on the membership of the General Court submitted by the Court at a later stage;

4.  Resolves to hold a debate in Parliament in the near future on the merits of introducing the possibility of issuing dissenting opinions at the Court of Justice;

5.  Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No …/2012 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU, Euratom) No 741/2012.)

European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council relating to temporary judges of the European Union Civil Service Tribunal (01923/2011 – C7-0091/2011 – 2011/0902(COD))

P7_TA(2012)0295 A7-0184/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the request by the Court of Justice submitted to Parliament and the Council (01923/2011),

–  having regard to Articles 257 and 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0091/2011),

–  having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the Commission (COM(2011)0596),

–  having regard to the undertaking given by the Council representative by letter of 31 May 2012 to approve Parliament's position, in accordance with Article 294(4) 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 Legal Affairs (A7-0184/2012),

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

2.  Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No …/2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU, Euratom) No 979/2012.)

European Parliament legislative resolution of 5 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (COM(2011)0659 – C7-0372/2011 – 2011/0301(COD))

P7_TA(2012)0296 A7-0150/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0659),

–  having regard to Article 294(2) and Articles 172 and 173(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0372/2011),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 23 February 2012(1),

–  after consulting the Committee of the Regions,

–   having regard to the undertaking given by the Council representative by letter of 30 May 2012 to approve Parliament's position, in accordance with Article 294(4) 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 Budgets and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0150/2012),

1.  Adopts its 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, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 670/2012.)

(1) OJ C 143, 22.5.2012, p. 134.

European Parliament resolution of 5 July 2012 on Council's position on Draft amending budget No 3/2012 of the European Union for the financial year 2012, Section III – Commission (11113/2012 – C7-0147/2012 – 2012/2071(BUD))

P7_TA(2012)0297 A7-0206/2012

The European Parliament,

–  having regard to the Treaty on the Functioning of the European Union and in particular Articles 310 and 314 thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

–  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(1) (‘the Financial regulation’), and in particular Articles 15, 37 and 38 thereof,

–  having regard to the general budget of the European Union for the financial year 2012, as definitively adopted on 1 December 2011(2),

–  having regard to Council's position on transfer request DEC 9/2012, adopted on 7 June 2012,

–  having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–  having regard to Draft amending budget No 3/2012 of the European Union for the financial year 2012, which the Commission submitted on 16 April 2012 (COM(2012)0181),

–  having regard to Council's position on Draft amending budget No 3/2012, which the Council established on 11 June 2012 (11113/2012 – C7-0147/2012),

–  having regard to the Commission's proposal of 22 December 2010 for a Regulation of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union (COM(2010)0815),

–  having regard to Rules 75b and 75e of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A7-0206/2012),

A.  whereas Draft amending budget No 3/2012 aims to enter in the 2012 budget the surplus from the 2011 financial year, amounting to EUR 1 496 968 014,

B.  whereas the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion,

C.  whereas the major part on the income side (EUR 0,45 billion out of EUR 0,67 billion) comes from fines and interest on late payments,

D.  whereas the under-spend in expenditure, which concerns 2011 budget appropriations for EUR 0,56 billion and carry-overs from 2010 for EUR 0,17 billion, does not result from absorption difficulties or mismanagement but from the rules in force for adjusting the repartition of payments in line with needs, particularly during the last weeks of the financial year,

E.  whereas, on the contrary, all available indicators point this year to a shortage in payments in many areas of EU intervention, notably because in 2011, for the second year in a row, the Budgetary Authority decreased the 2012 level of payment appropriations in the Union budget by more than EUR 3 billion, including for research and cohesion policy, as compared to Commission's initial estimates,

F.  whereas, in its position on transfer request DEC 9/2012, Council drastically reduced the payment appropriations transferred to the research area, where urgent needs in payments are reported to honour previous commitments, but is finally reconsidering its position in the context of transfer request DEC 19/2012,

G.  whereas Article 15 of the Financial Regulation provides that any discrepancy with the estimates is to be entered in the Union budget through an amending budget devoted solely to that discrepancy,

1.  Takes note of Draft amending budget No 3/2012 devoted solely to the budgeting of the 2011 surplus, in accordance with Article 15 of the Financial Regulation; stresses that the latter leaves some room of discretion as to the destination of the surplus;

2.  Takes note that the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion;

3.  Stresses that the under-spend in expenditure (EUR 0,73 billion) does not result from any absorption difficulties or mismanagement but from the rules currently in force for adjusting the repartition of payments in line with the needs; considers accordingly that it should be treated differently as compared to the part of the surplus that stems from variations in revenue; underlines moreover that a large part of this under-implementation results from Council's decision not to adopt the salary and pension adjustment provided for by the Staff Regulations;

4.  Deplores the fact that, despite the provisions of Article 310(5) of the Treaty on the Functioning of the European Union on sound financial management and the Joint Statement on payment appropriations agreed by all three institutions in the framework of 2012 budgetary procedure, Council initially decided to reduce by two thirds the level of the EUR 485 million transfer request DEC 9/2012 from under-implemented energy projects to aid economic recovery to reinforce three budget lines under FP7 - Cooperation;

5.  Underlines that this would have artificially increased under-implementation for 2012 payments and therefore increased the 2012 surplus, when all available indicators already point this year to a shortage in payments in the field of research and other areas of EU intervention; therefore welcomes Council's reconsidering of its position through adopting transfer request DEC 19/2012;

6.  Approves, without amendment, Council position on Draft amending budget No 3/2012;

7.  Instructs its President to declare that Amending budget No 3/2012 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

8.  Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

(1) OJ L 248, 16.9.2002, p. 1. (2) OJ L 56, 29.2.2012. (3) OJ C 139, 14.6.2006, p. 1.

European Parliament resolution of 5 July 2012 on EU policy on the West Bank and East Jerusalem (2012/2694(RSP))

P7_TA(2012)0298 RC-B7-0373/2012

The European Parliament,

–  having regard to its previous resolutions, in particular those of 29 September 2011 on the situation in Palestine(1), of 16 February 2012 on the proposal for a Council decision on the conclusion of the regional Convention on pan-Euro-Mediterranean preferential rules of origin(2), and of 9 September 2010 on the situation of the Jordan River with special regard to the Lower Jordan River area(3),

–  having regard to the Council conclusions on the Middle East Peace Process of 14 May 2012, 18 July and 23 May 2011, and 8 December 2009,

–  having regard to the speech delivered by VP/HR Catherine Ashton at Parliament's plenary sitting of 12 June 2012 on the latest developments in the Middle East and Syria,

–  having regard to the statements of VP/HR Catherine Ashton, in particular those of 8 June 2012 on settlement expansion, of 25 April 2012 on the decision of the Israeli authorities regarding the status of the settlements of Sansana, Rechelim and Bruchin in the occupied Palestinian territory, and of 22 February 2012 on Israeli settlement approvals,

–  having regard to the EU Heads of Mission reports on East Jerusalem of January 2012 and on ‘Area C and Palestinian State Building’ of July 2011, and to the EU Heads of Mission report on settler violence of April 2011 and the accompanying EU Heads of Mission note on settler violence of February 2012,

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

–  having regard to the Charter of the United Nations,

–  having regard to UN General Assembly resolutions 181 (1947) and 194 (1948), and UN Security Council resolutions 242 (1967), 252 (1968), 338 (1973), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008),

–  having regard to the UN International Covenant on Civil and Political Rights of 1966,

–  having regard to Middle East Quartet statements, in particular those of 11 April 2012 and 23 September 2011,

–  having regard to the joint statement by Israel and the Palestinian Authority (PA) of 12 May 2012,

–  having regard to the advisory opinion of the International Court of Justice entitled ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’ of 9 July 2004,

–  having regard to Palestinian Prime Minister Salam Fayyad's two-year state-building plan entitled ‘Ending the Occupation, Establishing a State’ of August 2009,

–  having regard to the Interim Agreement on the West Bank and Gaza Strip of 18 September 1995,

–  having regard to the Oslo Accords (‘Declaration of Principles on Interim Self-Government Arrangements’) of 13 September 1993,

–  having regard to Rule 110(2) and (4) of its Rules of Procedure,

A.  whereas the EU has repeatedly confirmed its support for the two-state solution with the State of Israel with secure and recognised borders and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security, and declared that no changes to the pre-1967 borders, other than those agreed by the parties, will be recognised, including with regard to Jerusalem as the capital of two states; whereas the right of Palestinians to self-determination and to have their own state is unquestionable, as is the right of Israel to exist within safe borders;

B.  whereas the Council conclusions of 14 May 2012 underlined that ‘the ongoing changes across the Arab world make the need for progress on the Middle East peace process all the more urgent’ and that ‘heeding the aspirations of the people in the region, including those of Palestinians for statehood and those of Israelis for security, is a crucial element for lasting peace, stability and prosperity in the region’;

C.  whereas direct peace talks between the parties are stalled and all recent efforts to resume negotiations have failed; whereas the EU has called on the parties to pursue actions conducive to an environment of confidence necessary to ensure meaningful negotiations, to refrain from actions that undermine the credibility of the process and to prevent incitement;

D.  whereas Israel and the Palestinian Authority issued the following joint statement on 12 May 2012: ‘Israel and the Palestinian Authority are committed to achieving peace and the sides hope that the exchange of letters between President Abbas and Prime Minister Netanyahu will further this goal’;

E.  whereas international human rights and humanitarian law, including the Fourth Geneva Convention, is fully applicable to the West Bank, including East Jerusalem and the Gaza Strip; whereas Israel is obliged, inter alia, to ensure in good faith that the basic needs of the occupied Palestinian population are met, administer its occupation in a manner that benefits the local population, protect and preserve civilian objects, and avoid the transfer of its own population into the occupied territory and of the population of the occupied territory into its own territory;

F.  whereas the recent EU Heads of Mission reports on ‘Area C and Palestinian State Building’, on East Jerusalem, and on settler violence, confirmed once more alarming and potentially irreversible developments on the ground in the areas concerned; whereas the Israeli Ministry of Foreign Affairs rejects the claims made in the EU papers and has criticised the papers stating that they do not help to advance the peace process;

G.  whereas, since the 1995 Oslo Agreements, the West Bank has been administratively divided into three zones or areas; whereas Area C composes the largest portion of the West Bank territory; whereas social and economic developments in Area C are of critical importance for the viability of a future Palestinian state;

H.  whereas the Palestinian presence in the West Bank, with special regard to Area C, and in East Jerusalem has been undermined by Israeli Government policies, especially by the building and expansion of settlements; whereas Israeli settlements are illegal under international law and constitute a major obstacle to peace efforts while they are subsidised by the Israeli Government with considerable incentives in the fields of taxation, housing, infrastructure, roads, access to water, education, health care, etc.;

I.  whereas Israel, in its ‘Basic Law: Jerusalem, Capital of Israel’ of 1980, declared Jerusalem the complete and united capital of Israel, which is in contradiction with UN Security Council resolution 478 (1980); whereas the Council conclusions of 14 May 2012 reiterated again that a way must be found through negotiations to resolve the status of Jerusalem as the future capital of two states; whereas current developments in East Jerusalem, make the prospect of Jerusalem becoming the future capital of two states increasingly unlikely and unworkable in practice; whereas East Jerusalem is increasingly detached from the West Bank while the Historic Basin within Jerusalem is increasingly detached from the rest of East Jerusalem;

J.  whereas, while Palestinians living in East Jerusalem represent 37 % of the population of Jerusalem and account for 36 % of the municipality's fiscal revenues, only 10 % of the municipal budget is spent in East Jerusalem, with the provision of services being highly inadequate; whereas most Palestinian institutions, including the Orient House, have been closed by the Israeli authorities in East Jerusalem, creating an institutional and leadership vacuum in the local Palestinian population, which remains a key concern;

K.  whereas Palestinians living in East Jerusalem have a permanent-resident status which can only be transferred to children under certain conditions and is not automatically transferred through marriage, preventing spouses and children of many East Jerusalem permanent residents from living with their family members; whereas, on the other hand, approximately 200 000 Israeli settlers are living in and around East Jerusalem;

L.  whereas protecting the Palestinian population and its rights in the West Bank, with special regard to Area C, and in East Jerusalem is of the utmost importance for preserving the viability of the two-state solution; whereas the ongoing expansion of settlements and settler violence, planning restrictions and the consequent acute house shortage, house demolitions, evictions and displacements, confiscation of land, difficult access to natural resources, and the lack of basic social services and assistance are having a significant negative impact on the living conditions of Palestinians; whereas the economic situation in these areas, aggravated by the restrictions on access, movement and planning, remains a major source of concern; whereas, according to the annual ILO report, 53,5 % of young women and 32,3 % of young men between the ages of 15 and 24 in the West Bank are unemployed;

M.  whereas the Palestinian population in the West Bank, in Area C in particular, and in East Jerusalem faces serious water shortages; whereas Palestinian farmers are seriously affected by the lack of water for irrigation, which stems from the use of most of the water in question by Israel and by Israeli settlers; whereas the availability of sufficient water resources is essential to the viability of a future Palestinian State;

N.  whereas the separation wall built by Israel, which does not follow the Green Line, cuts off considerable parts of Palestinian territory both in the West Bank and in East Jerusalem; whereas the advisory opinion of the International Court of Justice entitled ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’ of 2004 declared that ‘the construction of the wall being built by Israel ..., and its associated régime, are contrary to international law’;

O.  whereas Parliament has repeatedly expressed its support for the state-building efforts of President Mahmoud Abbas and Prime Minister Salam Fayyad and acknowledged and welcomed the success of the two-year state-building plan of Prime Minister Fayyad; whereas Area C and East Jerusalem should remain priorities in Palestinian national development plans, particularly in response to the sense of neglect felt by Palestinians living in these areas;

P.  whereas more than 4500 Palestinian prisoners, including 24 members of the Palestinian Legislative Council, around 240 children, and more than 300 Palestinian administrative detainees, are currently detained in Israeli prisons and detention centres;

Q.  whereas Arab Bedouins are indigenous people leading a sedentary and traditionally agricultural life on their ancestral lands and are seeking formal and permanent recognition of their unique situation and status; whereas Arab Bedouin communities, threatened by Israeli policies undermining their livelihoods and including forced transfer, are a particularly vulnerable population both in the occupied Palestinian Territory and in the Negev;

R.  whereas, according to the report of the Displacement Working Group (DWG) which was published on 14 May 2012 and to the monthly Humanitarian Monitor of OCHA, more than 60 structures, including solar panels, water tanks and agricultural buildings, funded by the European Union and a number of its Member States, were destroyed by Israeli forces since January 2011; whereas more than 100 similar projects are under threat of demolition;

S.  whereas, on many occasions, including in the Council conclusions of 14 May 2012, the EU and its Member States have reiterated their fundamental commitment to the security of Israel, condemned in the strongest terms violence deliberately targeting civilians, including rocket attacks from the Gaza Strip, and called for the effective prevention of arms smuggling into Gaza;

T.  whereas Article 2 of the EU-Israel Association Agreement states that relations between the parties shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this agreement;

U.  whereas the blockade of and the humanitarian crisis in the Gaza Strip has continued since 2007 despite numerous calls made by the international community for the immediate, sustained and unconditional opening of crossings for the flow of humanitarian aid, commercial goods and persons to and from Gaza, as also reiterated in the Council conclusions of 14 May 2012;

1.  Reiterates its strong support for the two-state solution on the basis of the 1967 borders, with Jerusalem as capital of both states, and with the State of Israel with secure and recognised borders and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security;

2.  Welcomes the Council conclusions on the Middle East Peace Process of 14 May 2012 – which include conclusions on the West Bank and East Jerusalem – and reiterates that the EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties, also welcomes the Middle East Quartet statement of 11 April 2012;

3.  Stresses that ending the conflict is a fundamental interest of the EU, as well as of the parties themselves and the wider region, and that this can be achieved through a comprehensive peace agreement, based on the relevant UN Security Council resolutions, the Madrid Principles including land for peace, the Roadmap, the agreements previously reached by the parties and the Arab Peace Initiative; insists on the fact that any resulting resolution should not affect the dignity of either side; notes that the EU, as the largest donor to the Palestinian Authority and one of Israel's major trading partners has instruments at its disposal to more actively encourage both parties to work towards a solution; calls on both parties to work together with the EU, which should pursue all efforts to resolve the conflict; recalls the applicability of international humanitarian law in the occupied Palestinian territory, including the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War;

4.  Stresses that direct negotiations leading to a two-state solution between Israelis and Palestinians should be resumed without delay and according to the deadlines called for by the Quartet, in order to overcome the unacceptable status quo; welcomes the exchange of letters between the parties initiated on 17 April 2012 and the joint statement by Israel and the PA of 12 May 2012;

5.  Expresses its deepest concern about developments on the ground in Area C in the West Bank and in East Jerusalem, as described in the EU Heads of Mission reports on ‘Area C and Palestinian State Building’ of July 2011 and on East Jerusalem of January 2012;

6.  Stresses the importance of protecting the Palestinian population and its rights in Area C and in East Jerusalem, which is essential for keeping the viability of the two-state solution alive;

7.  Reiterates that all settlements remain illegal under international law and calls on the Israeli Government to stop all construction and extension of settlements in the West Bank and East Jerusalem and to dismantle all outposts erected since March 2001;

8.  Strongly condemns all acts extremism, violence and harassment committed by settlers against Palestinian civilians and calls on the Israeli Government and authorities to bring the perpetrators of such acts to justice and hold them accountable;

9.  Calls for full and effective implementation of existing EU legislation and EU-Israel bilateral agreements to ensure that the EU control mechanism – the ‘technical arrangements’ – does not allow Israeli settlement products to be imported to the European market under the preferential terms of the EU-Israel Association Agreement;

10.  Calls on the Israeli Government and authorities to meet their obligations under international humanitarian law, in particular by:

11.  Calls for an end to the administrative detention without formal charge or trial of Palestinians by Israeli authorities, for access to a fair trial for all Palestinian detainees, and for the release of Palestinian political prisoners, with special regard for members of the Palestinian Legislative Council, including Marwan Barghouti, and administrative detainees; calls also for the immediate release of Nabil Al-Raee, the artistic director of the Freedom Theatre in Jenin Refugee Camp, arrested on and detained since 6 June 2012; welcomes the agreement reached on 14 May 2012 that allowed for the end of the hunger strike of the Palestinian prisoners and calls for its full and immediate implementation;

12.  Calls for the protection of the Bedouin communities of the West Bank and in the Negev, and for their rights to be fully respected by the Israeli authorities, and condemns any violations (e.g. house demolitions, forced displacements, public service limitations); calls also, in this context, for the withdrawal of the Prawer Plan by the Israeli Government;

13.  Encourages the Palestinian Government and authorities to pay increasing attention to Area C and East Jerusalem in Palestinian national development plans and projects, with the aim of improving the situation and living conditions of the Palestinian population in these areas;

14.  Stresses again that peaceful and non-violent means are the only way to achieve a sustainable solution to the Israeli-Palestinian conflict; continues to support, in this context, President Abbas' policy of non-violent resistance and to encourage intra-Palestinian reconciliation and Palestinian state-building, and considers presidential and parliamentary elections to be important elements of this process;

15.  Reiterates its strong commitment to the security of the State of Israel; condemns any act of violence by any party deliberately attacking civilians, and is appalled by the rocket attacks from the Gaza Strip;

16.  Calls on the Council and the Commission to continue to support and deliver assistance to Palestinian institutions and development projects in Area C and in East Jerusalem with the aim of protecting and strengthening the Palestinian population; calls for improved coordination between the EU and Member States in this field; stresses that Israel must put an end to the practice of withholding customs and tax revenues belonging to the Palestinian Authority;

17.  Calls on the EEAS and the Commission to verify on the ground all allegations concerning the destruction of and damage caused to EU-funded structures and projects in the occupied territory, and submit the results to Parliament;

18.  Calls on the Council and the Commission to continue to address these issues at all levels in the EU's bilateral relations with Israel and the Palestinian Authority; stresses that Israel's commitment to respect its obligations under international human rights and humanitarian law towards the Palestinian population must be taken into full consideration in the EU's bilateral relations with the country;

19.  Urges the EU and Member States again to play a more active political role, including within the Quartet, in the efforts aimed at achieving a just and lasting peace between Israelis and Palestinians; stresses again the central role of the Quartet and continues to support the High Representative in her efforts to create a credible perspective for re-launching the peace process;

20.  Reiterates its call for the immediate, sustained and unconditional lifting of the blockade of the Gaza Strip in terms of persons, the flow of humanitarian aid and commercial goods, and for steps allowing for the reconstruction and economic recovery of this area; calls also, with due recognition of Israel's legitimate security needs, for an effective control mechanism preventing the smuggling of arms into Gaza; takes note of the decision of the Council to extend the mandate of the European Border Assistance Mission Rafah until 30 June 2013 and expects it to fulfil its tasks and play a decisive and effective role as regards the daily management of cross-border relations and the build-up of confidence between Israel and the Palestinian Authority; calls on Hamas to recognise the State of Israel and to give its support to the two-state solution; also calls on Hamas to put an end to the violence perpetrated both internally and externally against the State of Israel;

21.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the EU Special Representative to the Middle East Peace Process, the President of the UN General Assembly, the governments and parliaments of the UN Security Council members, the Middle East Quartet Envoy, the Knesset and the Government of Israel, the President of the Palestinian Authority and the Palestinian Legislative Council.

(1) Texts adopted, P7_TA(2011)0429. (2) Texts adopted, P7_TA(2012)0060. (3) OJ C 308 E, 20.10.2011, p. 81.

European Parliament resolution of 5 July 2012 on violence against lesbian women and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa (2012/2701(RSP))

P7_TA(2012)0299 RC-B7-0389/2012

The European Parliament,

–  having regard to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights (ACHPR),

–  having regard to the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and the Beijing Platform for Action, stressing that all women have the right to control and decide freely and responsibly on matters related to their sexuality, free of coercion, stigmatisation and violence,

–  having regard to UN Human Rights Council resolution A/HRC/17/19 of 17 June 2011 on human rights, sexual orientation and gender identity, and the Report of the United Nations High Commissioner for Human Rights of 17 November 2011 on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity,

–  having regard to the UN Human Rights Council panel discussion on human rights, sexual orientation and gender identity held on 7 March 2012,

–  having regard to the statement by UN High Commissioner for Human Rights Navanethem Pillay to the panel discussion on human rights, sexual orientation and gender identity during the 19th session of the UN Human Rights Council on 7 March 2012,

–  having regard to the Amnesty International annual report 2012 on the state of the world's human rights, claiming that intolerance towards lesbian, gay, bisexual and transgender (LGBT) people has increased in Africa,

–  having regard to the second revision of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (the Cotonou Agreement), and the human rights clauses contained therein, in particular Articles 8(4) and 9,

–  having regard to Articles 2, 3(5) and 21 of the Treaty on European Union and Article 10 of the Treaty on the Functioning of the European Union, which commit the European Union and its Member States to upholding and promoting universal human rights, and the protection of individuals, in their relations with the wider world,

–  having regard to the European Union Plan of Action for Gender Equality and Women's Empowerment in Development 2010-2015,

–  having regard to the statements by the Vice-President of the European Commission/High Representative of the European Union for Foreign Affairs and Security Policy and of the President of the European Parliament on the International Day Against Homophobia in 2010, 2011 and 2012,

–  having regard to the Council's Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender People (the LGBT Toolkit),

–  having regard to the Commission proposal of 7 December 2011 for a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (COM(2011)0840), and the Commission communication of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637),

–  having regard to its resolutions of 17 December 2009 on Uganda: anti-homosexual draft legislation(1), of 16 December 2010 on Uganda: the so-called ‘Bahati bill’ and discrimination against the LGBT population(2), of 17 February 2011 on Uganda: the killing of David Kato(3), and of 28 September 2011 on human rights, sexual orientation and gender identity at the United Nations(4),

–  having regard to its resolution of 7 May 2009 on gender mainstreaming in EU external relations and peace-building/nation-building(5),

–  having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

A.  whereas all human beings are born free and equal in dignity and rights; whereas all states have the obligation to prevent violence and incitement to hatred based on sexual orientation, gender identity and gender expression, and to respect the principles of equality between women and men;

B.  whereas the rights of lesbian, bisexual, transgender and intersex women are the same human rights as those of all women and all men, which must be protected regardless of their sexual orientation, gender identity or gender expression;

C.  whereas some African countries have been at the forefront of action to uphold human rights and fundamental freedoms, whereas South Africa's post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation and whereas South Africa was the initiator of UN Human Rights Council resolution A/HRC/17/19 on human rights, sexual orientation and gender identity;

D.  whereas there are political movements and leaders that will be able to lead the way to changes and to the strengthening of human rights, women's rights and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa;

E.  whereas there is increasing stigmatisation of and violence against lesbian, bisexual, transgender and intersex women, as well as against women perceived as lesbian, bisexual, transgender or intersex, by state and police forces, by the women's families, and by community members in Africa, which is a shared concern, as exemplified by the numerous statements by UN Secretary-General Ban Ki Moon and UN High Commissioner for Human Rights Navanethem Pillay and by UNHRC Resolution A/HRC/17/19 on human rights, sexual orientation and gender identity;

F.  whereas, in the UN Human Rights Council's annual discussion on women human rights defenders on 25-26 June 2012, UN Special Rapporteur on Human Rights Defenders Margret Sekaggya pointed out that violations suffered by women human rights defenders took a gender-specific form, ranging from verbal abuse based on sex, to sexual abuse and rape, that women were deemed to be challenging accepted social norms, culture or traditions or challenging religious prescriptions, and were as a consequence stigmatised, and that women human rights defenders needed specific attention because the suffering they underwent in their work sometimes exceeded that of their male counterparts;

G.  whereas women who transgress social and cultural norms are liable to be labelled lesbian and risk becoming a target for male violent behaviour and/or degrading treatment, and whereas this has the effect of repressing the expression of all women's sexuality and freedom of choice, including that of heterosexual women; whereas sexual rights are related to the bodily autonomy and freedom of choice of all women;

H.  whereas, in Africa, female homosexuality is legal in 27 countries and illegal in 27, whereas male homosexuality is legal in 16 countries and illegal in 38, whereas homosexuality is punishable by death in Mauritania, Sudan, parts of Somalia and Nigeria, and whereas a private member's bill before the Ugandan parliament provides for the death penalty for homosexuality;

I.  whereas laws that criminalise same-sex relationships and sexuality contribute to creating a climate which encourages violence against women who are, or are perceived to be, lesbians;

J.  whereas killings, torture, imprisonment, violence, stigmatisation and hate speech targeting LGBTI people, sometimes legitimised by law, are reported in all regions of the world; whereas there have been repeated acts of violence and aggression against lesbians in several African countries;

K.  whereas the struggle for equality and justice and for the visibility and rights of lesbians is closely connected with the overall struggle for women's human rights; whereas lesbians are also, like many other women, subjected to violence, both for being women and on account of their sexual orientation;

L.  whereas in Cameroon, ten women were arrested, and three charged for the first time, for practising homosexuality in February 2012; whereas arrests and beatings by the police are ongoing, with the latest recorded instance on 24 June 2012; whereas lawyer Alice Nkom has on numerous occasions been threatened with death and violence for defending people accused of homosexuality; whereas an LGBTI meeting in Yaoundé was violently broken up by a gang on 19 May 2012;

M.  whereas the Liberian Senate is currently debating a proposal to extend further the ban on same-sex relationships foreseen by current law; whereas the media and general public are increasingly seeking to intimidate LGBTI people; whereas two lesbian women in Liberia were recently attacked by armed men;

N.  whereas in Malawi, female homosexuality was newly outlawed in January 2011; whereas the new President Joyce Banda has stated that she will ask the parliament to repeal laws criminalising homosexuality;

O.  whereas Nigeria seeks to criminalise the registration, operation and sustenance of certain organisations and their meetings or processions, and outlaws activities that fall strictly within the bounds of private life;

P.  whereas in South Africa, so-called ‘corrective’ rapes of lesbian and transgender women continue unabated; whereas ongoing debates about the constitutional protection of persons victimised because of their sexual orientation are fuelling violence against LGBTI people; whereas gay activist Thapelo Makutle was recently tortured and killed, 22-year-old lesbian Phumeza Nkolonzi was shot in the head because of her sexual orientation, and Neil Daniels was stabbed, mutilated, and burnt alive because he was gay;

Q.  whereas in Swaziland, positive efforts are being made to prevent and cure HIV/AIDS in populations at risk, including women, and men who have sex with men, the country's criminalisation of homosexuality notwithstanding;

R.  whereas in Uganda, in February and June 2012, police forces and the Minister for Ethics and Integrity, acting without warrants and in disregard of citizens' freedom of assembly, stopped private meetings of human rights activists; whereas the Minister plans to outlaw 38 organisations understood to work for the human rights of LGBTI people; whereas the Anti-Homosexuality Bill first proposed in 2009 is still under discussion, and may include unacceptable provisions including the death penalty; whereas lawsuits and enquiries in Uganda and in the United States have revealed the role of, among others, Scott Lively and the Abiding Truth Ministries, a fundamentalist US-based evangelical group, in spreading hate and intolerance on the basis of sexual orientation, and in having the law introduced;

Discrimination and violence against lesbian women in Africa

1.  Strongly condemns all forms of violence and discrimination against lesbians in African countries where this is taking place, including extreme forms of violence, such as ‘corrective’ rapes, and other forms of sexual violence;

2.  Expresses its strong support for campaigns and initiatives aimed at abolishing all discriminatory laws against women and LGBTI persons; calls on those African countries that still have discriminatory laws in place to abolish these immediately, including laws that prohibit homosexuality and laws that discriminate against women in terms of civil status, property and inheritance rights;

3.  Confirms that the struggle for the fundamental and human rights of lesbians in Africa is closely linked to the protection of the sexual and reproductive health of all women; calls, therefore, on the European Union, in its work with partner countries in Africa, to make a firm commitment in terms of resources and policy in support of sexual and reproductive health;

4.  Calls on the relevant authorities in Africa to effectively protect all women from murder, so-called ‘corrective’ rape and other sexual violence, and to bring the perpetrators to justice;

5.  Notes that the stigmatisation of, and the violence directed against, lesbian, bisexual, transgender and intersex women are often closely connected with discrimination;

6.  Expresses its solidarity with, and support for, all actors that mobilise for a stronger women's rights agenda;

7.  Calls on the European Commission and the Member States to support women's organisations and LGBTI organisations in Africa in their struggle for the equality, bodily autonomy and right to freedom in sexuality of all women and LGBTI persons; highlights, at the same time, the need to give special attention to lesbians within the LGBTI and the women's movement, as well as in other social movements, in order to denounce the double or sometimes multiple discrimination faced by lesbians in African countries;

8.  Calls on the European Commission, the European External Action Service and the Member States to step up the implementation of the goals set out in the EU Plan of Action for Gender Equality and Women's Empowerment in Development, and to pay particular attention to the rights of lesbian, bisexual, transgender and intersex women, both in their relations with third countries and when lending support to non-governmental organisations and human rights defenders;

LGBTI rights in Africa

9.  Calls on all 76 countries worldwide where homosexuality is illegal, including 38 countries in Africa, to decriminalise homosexuality;

10.  Denounces incitement to hatred and violence on grounds of sexual orientation, gender identity or gender expression; calls on the aforementioned countries to effectively uphold LGBTI people's right to life and dignity, and condemn all acts of violence, discrimination, stigmatisation and humiliation directed against them;

11.  Calls on political and religious leaders to condemn persecution and discrimination based on sexual orientation and to take a firm stance against homophobia, hereby joining Archbishop Desmond Tutu's call against injustice and prejudice and for solidarity and justice;

12.  Calls on the EEAS, the European Commission and the Member States, in their political dialogue with African countries, to remind them of their obligation to fulfil the commitments assumed under legally binding international human rights instruments and conventions, and in particular to respect and promote the right to non-discrimination based on sexual orientation and gender identity;

13.  Welcomes the fact that some African countries, including Cape Verde, the Central African Republic, Gabon, Guinea-Bissau, Malawi, Mauritius, Rwanda, São Tomé and Principe, South Africa and Swaziland have made known their opposition to the criminalisation of homosexuality, have ensured access to healthcare for LGBTI people or have pledged to decriminalise homosexuality;

14.  Calls on the ACP Group of States to engage in an open, constructive and mutually respectful discussion;

15.  Calls on the African countries to ensure security for LGBTI human rights defenders, and calls on the EU to assist local civil society with capacity-building programmes in Africa;

16.  Urges the European Commission, the EEAS and the Member States to make full use of the LGBT Toolkit to encourage third countries to decriminalise homosexuality, help reduce violence and discrimination and protect LGBTI human rights defenders;

17.  Calls on the Commission, and notably on Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, to take concrete action, by mobilising all appropriate instruments, to exert pressure in order to protect people from discrimination and persecution on the basis of their sexual orientation, and to raise these issues in the course of the EU's relations and dialogues with third countries;

o
o   o

18.  Instructs its President to forward this resolution to the Council, the Commission, the High Representative/Vice-President for Foreign Affairs and Security Policy, the Member States, the Secretary-General of the ACP Group of States, all Ambassadors of ACP states to the European Union, the South African Parliament, and the African Union and its institutions.

(1) OJ C 286 E, 22.10.2010, p. 25. (2) OJ C 169 E, 15.6.2012, p. 134. (3) OJ C 188 E, 28.6.2012, p. 62. (4) Texts adopted, P7_TA(2011)0427. (5) OJ C 212 E, 5.8.2010, p. 32.

European Parliament resolution of 5 July 2012 on Belarus, in particular the case of Andrzej Poczobut (2012/2702(RSP))

P7_TA(2012)0300 RC-B7-0393/2012

The European Parliament,

–  having regard to its previous resolutions on Belarus, in particular those of 29 March 2012(1), 16 February 2012(2), 15 September 2011(3), 12 May 2011(4), 10 March 2011(5), 20 January 2011(6), 10 March 2010(7) and 17 December 2009(8),

–  having regard to the statement of 28 June 2012 by High Representative Catherine Ashton on the situation in Belarus,

–  having regard to the press statement of 22 June 2012 by the OSCE representative for freedom of the media, Dunja Mijatovic, on the arrest of the Polish-Belarusian journalist Andrzej Poczobut,

–  having regard to Written Declaration No 523 of 26 June 2012 of the Council of Europe Parliamentary Assembly calling for the release of the Polish-Belarusian journalist Andrzej Poczobut from prison in Belarus,

–  having regard to the conclusions of the European Council of 1-2 March 2012 expressing its deep concern over the further deterioration of the situation in Belarus,

–  having regard to Council Implementing Decision 2012/126/CFSP of 28 February 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus(9),

–   having regard to the Council conclusions on the launching of a European dialogue of modernisation with Belarusian society (3157th Foreign Affairs Council meeting, Brussels, 23 March 2012),

–   having regard to Council Regulation (EU) No 354/2012 of 23 April 2012 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus(10),

–   having regard to the statement of 28 February 2012 by High Representative Catherine Ashton on her decision and that of the Polish Government to recall the head of the EU delegation in Minsk and the Polish ambassador to Belarus respectively,

–  having regard to Council Decision 2012/36/CFSP of 23 January 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus(11),

–  having regard to Council of Europe Parliamentary Assembly Resolution 1857 (2012) of 25 January 2012 on the situation in Belarus, which condemned the ongoing persecution of members of the opposition and the harassment of civil society activists, independent media and human rights defenders in Belarus,

–  having regard to the report of the UN High Commissioner for Human Rights of 10 April 2012 and to Resolution 17/24 of the UN Human Rights Council of 17 June 2011 on the human rights situation in Belarus,

–  having regard to the declaration of the Eastern Partnership Summit adopted in Prague on 7-9 May 2009 and the declaration on the situation in Belarus adopted at the Eastern Partnership Summit in Warsaw on 30 September 2011,

–  having regard to the joint statement made by the Ministers of Foreign Affairs of the Visegrad Group, Estonia, Latvia and Lithuania in Prague on 5 March 2012,

–  having regard to the statement made by the Belarusian National Platform of the Eastern Partnership Civil Society Forum in Minsk on 2 March 2012,

–   having regard to the Council conclusions on Belarus adopted at the 3101st Foreign Affairs Council meeting on 20 June 2011,

–  having regard to the statement of 10 April 2011 by the spokesperson of EU High Representative Catherine Ashton on the crackdown on independent media in Belarus,

–  having regard to Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 11 of the EU Charter of Fundamental Rights,

–  having regard to Article 19 of the Universal Declaration of Human Rights of 1948 and to the UN Declaration on Human Rights Defenders of December 1988,

–  having regard to Rule 122(5) and 110(4) of its Rules of Procedure,

A.  whereas on 21 June 2012 Andrzej Poczobut, the correspondent of the Polish daily newspaper ‘Gazeta Wyborcza’ and also a prominent Polish-Belarusian minority activist and chairman of the Council of the Union of Poles in Belarus, was arrested in the town of Grodno, Belarus;

B.  whereas Mr Poczobut's apartment in Grodno was searched by the prosecutor's office and his materials confiscated; whereas enforcement personnel subsequently conducted a search at the Grodno office of the Union of Poles, of which Mr Poczobut is an official leaseholder, and confiscated computer equipment;

C.  whereas Mr Poczobut was charged on grounds of so-called libel against President Alyaksandr Lukashenka, under Article 367 of the Criminal Code of the Republic of Belarus, for twelve articles published on the ‘Charter 97’ and ‘Belarusian Partisan’ websites on, among other subjects, last year's underground bombing trial;

D.  whereas Mr Poczobut has already spent three months in prison in the past and is under a three-year suspended prison sentence imposed on him for the same charge of allegedly insulting the President in an article published in ‘Gazeta Wyborcza’ and on a Belarusian website; whereas he thus faces restriction or deprivation of liberty for up to seven years and nine months, including the suspended sentence;

E.  whereas on 30 June 2012 Mr Poczobut was conditionally released from custody, signing an undertaking not to leave his place of residence;

F.  whereas on 5 July 2011 the Leninski court in Grodna passed a verdict acquitting Mr Poczobut, under Part 1, Article 368 of the Criminal Code, of the charge of insulting the President but finding him guilty, under Part 1, Article 367 of the same Code, of defaming the President;

G.  whereas the latest arrest of Mr Poczobut on 21 June 2012 coincided with a peaceful protest, organised by the Union of Poles under his leadership, against the forced russification of a Polish school in Grodno by the Lukashenka regime, at which some twenty people were detained;

H.  whereas the Media Law of Belarus, which came into force in 2008, is restrictive by nature, since journalistic activities are controlled through various measures, such as television and radio censorship, surveillance of activities of independent journalists, and control over publishing houses;

I.   whereas according to Article 19 of the International Covenant on Civil and Political Rights, everyone has the right to hold opinions without interference and the right to freedom of expression, while Article 34 of the Constitution of Belarus guarantees freedom of speech; whereas independent and international media observers and journalists have consistently denounced the government's restrictions on freedom of speech and the media;

J.  whereas, following the arrest of Mr Poczobut in April 2011, Amnesty International recognised him as a prisoner of conscience;

K.  whereas Mr Poczobut's case is part of a broader pattern of ongoing and longstanding harassment of civil society, the Polish minority and human rights defenders, following the presidential elections in December 2010, leading to a dramatic decline in human rights and civil and political liberties in Belarus;

L.  whereas there are constant reports of systematic harassment of representatives of civil society in Belarus; whereas there have been more recent cases of arrests, including of figures such as the democratic opposition activists Alyaksandr Artsybashaw Paval Vinahradaw and Siarhei Kavalenka, as well as the detention of journalists Aliaksandr Barazenka, Siarhei Balai, Alina Radachynskaya and Ina Studzinskay and activists of the ‘Tell the Truth’ organisation Hanna Kurlovich, Mikhail Pashkevich, Aliaksandr Ulitsionak and Siarhei Vazniak;

M.  whereas Ales Bialiatski, Chairman of Viasna and Vice-President of the International Federation for Human Rights (FIDH), imprisoned in a penal colony in the city of Bobruiks, has been recently subjected to new unlawful restrictive measures and pressure from the penal administration with the clear intention of forcing him to recognise his so-called guilt;

N.  whereas on 24 May 2012 Aleh Volchek, the former head of Legal Aid to the Population, an organisation that provided legal assistance until it was liquidated in 2003, was arrested by plain-clothes police officers who accused him of ‘swearing in public’; whereas on the same day he was sentenced to nine days' administrative imprisonment under Article 17.1 of the Code of Administrative Offences (‘swearing at the police’); whereas Mr Volchek was earlier sentenced, in January 2012, to four days' administrative detention for allegedly using foul language in the street; whereas his name has been put on the list of those forbidden to leave Belarus;

O.  whereas since the beginning of March 2012 fifteen opposition politicians, independent journalists and human rights defenders have been denied their right to leave the country under various pretexts, while the Belarusian authorities were reportedly considering drafting a list of 108 human rights and opposition activists with a view to banning them from leaving the country;

P.  whereas on 14 June 2012 the Belarusian Parliament adopted a number of amendments to the law of the state security bodies, giving broad powers to the Belarusian KGB, including free use of coercive measures; whereas under the new legislation the KGB is authorised to freely enter private property and to arrest, with no restrictions, Belarusian citizens and diplomats and representatives of international institutions;

Q.  whereas in the course of 2011 at least 95 journalists were detained during ‘silent protest’ actions, 22 journalists stood trial in court and 13 were sentenced to various terms of administrative arrest; whereas at the end of 2011 the authorities further tightened internet controls by means, inter alia, of additional internet regulation measures;

R.   whereas it is feared that the Belarusian authorities' attempts to file criminal cases against opposition activists have become a pretext for legally banning them from leaving the country and interacting with United Nations and other mechanisms;

1.  Strongly condemns the recent arrest of, and allegations against, Andrzej Poczobut, a journalist for the Polish daily ‘Gazeta Wyborcza’;

2.  Welcomes the release of Mr Poczobut from custody, and demands that the investigation and all the charges against him be dropped;

3.  Expresses its deep concern over the deteriorating situation of human rights defenders in Belarus, and condemns all threats against journalists and individuals making use of their right of freedom of expression;

4.  Calls on the Fourth Eastern Partnership Foreign Ministers' meeting on 23-24 July 2012 in Brussels to examine and discuss the deteriorating human rights situation in Belarus and the case of Mr Poczobut;

5.  Calls for the end of judicial harassment of journalists, civil society activists and human rights defenders; calls on the Belarusian authorities to reverse their current repressive policies;

6.  Believes, in this context and given the unprecedented crackdown on civil society in Belarus following the presidential elections of December 2010 and their aftermath (in which at least 21 reporters were beaten and 27 journalists were detained, 13 of them being sentenced to ten to fifteen days in custody), that the case against Mr Poczobut is politically motivated and is intended to obstruct his legitimate work as a journalist and national minority leader;

7.  Expresses its deep concern over the suspended sentence of three years' imprisonment handed down to Mr Poczobut for similar alleged ‘offences’; is concerned that the suspension may be lifted, given that the suspended sentence means that he may be returned to jail at any time at the full discretion of the Lukashenka regime if the authorities decide that he has again ‘broken the law’ while performing his journalistic work; believes that this effectively constitutes a form of intimidation and an attempt to force him to engage in self-censorship;

8.  Deplores the fact that the Belarusian authorities are making it impossible for journalists to operate, by introducing repressive laws aimed at silencing civil society activities and using the threat of criminal sanctions to intimidate human rights defenders and minority activists;

9.  Considers that the Belarusian law and international mechanisms have been intentionally misused and instrumentalised by the Belarusian authorities;

10.  Calls on the Belarusian authorities to ensure, in all circumstances, respect for democratic principles, human rights and fundamental freedoms, in accordance with the Universal Declaration of Human Rights and the international and regional human rights instruments ratified by Belarus; underlines that freedom of the media and freedom of expression are among the basic cornerstones of democracy which the Belarusian authorities have undertaken to respect;

11.  Urges the Belarusian authorities to reform the law and to bring Belarusian legislation, in particular that on freedom of association and expression, into line with international standards, and to eliminate the practice of censorship and self-censorship, and to refrain from further misuse of the law such as jailing political opponents, silencing journalists, harassing independent defence lawyers and operating internet control measures;

12.  Urges the Belarusian authorities to repeal the amendments to a number of legislative acts adopted by the Parliament in October 2011 that further restrict the freedoms of association, assembly, opinion and expression;

13.  Urges the Belarusian authorities to put an end to the short-term arbitrary detentions and arbitrary travel bans which appear to be aimed at intimidating human rights defenders, the media, the political opposition and civil society activists and at preventing them from doing their work;

14.  Considers the transfer of Mykola Statkevych to solitary confinement to be an act of repression and an attempt to force him to sign a request for clemency; calls, therefore, on the Commission and the EEAS to intervene in his case;

15.  Calls on the Belarusian authorities to put an immediate end to all forms of pressure on journalists and media workers and to withdraw all charges against journalists prosecuted for their professional activities, and to take measures to rehabilitate them; calls on them also to ensure freedom of expression and create a legal environment and practices that are conducive to the effective freedom of the media, and to eliminate the practice of censorship and self-censorship, as well as ensuring that internet control measures are minimal and that regulations do not lead to censorship of electronic media and free speech;

16.  Stresses that any potential EU engagement with Belarus is subject to strict conditionality and is contingent on a commitment by Belarus to respect human rights and the rule of law, as stated in the Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009, co-signed by the Belarusian Government;

17.  Calls on the Council and the Commission to step up their engagement with Belarusian civil society organisations and to promote greater people-to-people contact;

18.  Calls on those EU Member States which are currently members of the UN Human Rights Council to make every effort in that body to establish, for at least two years, a country-specific mandate, such as a special rapporteur, for the situation of human rights in Belarus; stresses that such a mechanism would also play an important role in independently documenting abuses and monitoring the implementation of recommendations issued by the various UN mechanisms, in particular those formulated in the High Commissioner's most recent report;

19.  Reiterates the need to enhance the relationship and political dialogue between the EU and its eastern neighbours in the framework of the Eastern Partnership, including its parliamentary dimension, the Euronest Parliamentary Assembly, with the common goal of ensuring democratic reform in Belarus;

20.  Urges the Belarusian authorities, with a view to the 2012 parliamentary elections, to pursue the process of reforming electoral law and practice, by taking into account the full set of recommendations of the OSCE/ODIHR and the European Commission for Democracy through Law, while also acting in line with all international democratic norms and standards;

21.  Calls on the Member States to evaluate the efficiency of the existing restrictive measures against Belarus and to consider broadening the existing sanctions by expanding the list of Belarusians subject to a visa ban and asset freeze;

22.  Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe, and the Government and Parliament of Belarus.

(1) Texts adopted, P7_TA(2012)0112. (2) Texts adopted, P7_TA(2012)0063. (3) Texts adopted, P7_TA(2012)0392. (4) Texts adopted, P7_TA(2011)0244. (5) Texts adopted, P7_TA(2011)0099. (6) OJ C 136 E, 11.5.2012, p. 57. (7) OJ C 349 E, 22.12.2010, p. 37. (8) OJ C 286 E, 22.10.2010, p. 16. (9) OJ L 55, 29.2.2012, p. 19. (10) OJ L 113, 25.4.2012, p. 1. (11) OJ L 19, 24.1.2012, p. 31.

European Parliament resolution of 5 July 2012 on the forced abortion scandal in China (2012/2712(RSP))

P7_TA(2012)0301 RC-B7-0388/2012

The European Parliament,

–  having regard to the reports submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Optional Protocol thereto, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

–  having regard to the Convention on the Rights of the Child,

–  having regard to the International Conference on Population and Development (ICPD) held in Cairo in 1994,

–  having regard to China's one-child policy and to China's laws on abortion,

–  having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

A.  whereas on 2 June 2012 a seven-months-pregnant woman, Feng Jianmei, was abducted and underwent a forced abortion in Zhenping county (Shanxi province), sparking a wave of indignation and condemnation in China and around the world;

B.  whereas abortions beyond six months are illegal under Chinese law; whereas the Ankang municipal government conducted an investigation which concluded that officials in Zhenping county had used ‘crude means’ and ‘persuaded’ Ms Feng to abort the foetus; whereas the report stated that this decision had violated her rights; whereas the Ankang municipal government has announced punishments for local planning officials involved in the case, including sacking;

C.  whereas, according to the investigation, local officials had asked Ms Feng's family for a ‘guarantee deposit’ of RMB 40 000, which according to her husband was a fine for having a second child; whereas local authorities had no legal grounds for collecting such a deposit; whereas Ms Feng was forced to sign a consent form to terminate her pregnancy because she would not pay the fine, and was kept in the hospital by guards;

D.  whereas, as a result of China's one-child policy, illegal sex-selective abortions are widespread, creating an imbalance between the numbers of men and women;

E.   whereas the EU has provided, and still provides, funds for organisations involved in family planning policies in China;

1.  Strongly emphasises that, according to the International Conference on Population and Development Plan of Action, the aim of family planning programmes must be to enable couples and individuals to make free, responsible and informed decisions about childbearing and to make available a full range of safe, effective and acceptable methods of family planning of their choice, and any form of coercion has no part to play;

2.  Reiterates the fundamental right of all women to access to public health care systems, in particular to primary, gynaecological and obstetric health care as defined by the World Health Organisation;

3.  Extends its condolences to the family of the victims, strongly condemns the harassment to which they are being subjected and demands public protection for them;

4.  Strongly condemns the decision to force Ms Feng to have an abortion and condemns the practice of forced abortions and sterilisations globally, especially in the context of the one-child policy;

5.  Welcomes the Ankang municipal government's decision to offer Ms Feng's family compensation and strongly to sanction local officials involved in the case;

6.  Takes note of the fact that Ms Feng's case became widely known thanks to the internet and stresses the importance of freedom of expression, including online; welcomes with satisfaction the emergence of a public sphere for debate, thanks partly to microblogging;

7.  Considers important the ongoing debate among intellectuals and academics as to whether or not to continue with the one-child policy in China;

8.  Urges the Commission to ensure that its funding of projects does not breach the remarks set out in Section III, Title 21 of the general budget of the European Union for the financial year 2012;

9.  Calls on the Commission and the European External Action Service to include forced abortion on the agenda for their next bilateral human rights dialogue with China;

10.  Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Delegation of the European Union to the United Nations and the Government and Parliament of the People's Republic of China.

Declaration of the European Parliament of 5 July 2012 on development education and active global citizenship

P7_TA(2012)0302 P7_DCL(2012)0007

The European Parliament,

–  having regard to the European Consensus on Development, which underlines that ‘the EU will pay particular attention to development education and raising awareness’,

–  having regard to the conclusions of the Structured Dialogue concerning the role of civil society and local authorities in development, which calls on ‘EU Member States and the European Commission [to] strengthen their strategies for Development Education and Awareness Raising’,

–  having regard to Rule 123 of its Rules of Procedure,

A.  whereas development education and awareness-raising are central to European development policies, as outlined in the European Development Education Consensus (‘The European Consensus on Development: The contribution of Development Education and Awareness Raising’);

B.  whereas, despite being one of the biggest funders of development education in Europe, the European Union does not have a dedicated strategy in this field;

C.  whereas, during periods marked by austerity, crises and the rise of nationalist and populist movements, it is particularly important to support active global citizenship;

1.  Calls on the Commission and the Council to develop a long-term, cross-sectoral European strategy for development education, awareness-raising and active global citizenship;

2.  Calls on the Member States to develop or strengthen national development education strategies;

3.  Instructs its President to forward this declaration, together with the names of the signatories(1), to the Commission, the Council and the parliaments of the Member States.

(1) The list of signatories is published in Annex 1 to the Minutes of 5 July 2012 (P7_PV(2012)07-05(ANN1)).

Declaration of the European Parliament of 5 July 2012 on the establishment of European Artisanal Gelato Day

P7_TA(2012)0303 P7_DCL(2012)0010

The European Parliament,

–  having regard to Rule 123 of its Rules of Procedure,

A.  whereas EU legislation is increasingly geared towards ensuring the quality of food and, of all fresh dairy products, artisanal gelato is a product of excellence in terms of food quality and safety, raising the profile of agri-food products in each individual Member State,

B.  whereas consumers are increasingly opting for healthy, more nutritious and tastier foods made using traditional methods which do not have an impact on the environment,

C.  whereas the sector directly employs some 300 000, mostly young, workers in around 50 000 ice cream parlours throughout Europe and the consumption of ice cream is gradually becoming less seasonal, resulting in a year-round turnover of hundreds of millions of euros,

1.  Calls on the Member States to support the production of artisanal gelato, a high-quality product, since this is an area in which the EU economy can compete and an opportunity to be seized, given the current crisis in the dairy and other sectors;

2.  Establishes European Artisanal Gelato Day, to be celebrated on 24 March, to help promote this product and build on the sector's gastronomic traditions;

3.  Instructs its President to forward this declaration, together with the names of its signatories(1), to the governments and parliaments of the Member States.

(1) The list of signatories is published in Annex 2 to the Minutes of 5 July 2012 (P7_PV(2012)07-05(ANN2)).