# EUR-Lex - 52005IP0288 - EN

Important legal notice

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# 52005IP0288

**European Parliament resolution on the European Union and Iraq - A framework for engagement (2004/2168(INI)) **

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Official Journal 157 E , 06/07/2006 P. 0390 - 0397 *

P6_TA(2005)0288

EU/Iraq — A framework for engagement

European Parliament resolution on the European Union and Iraq — A framework for engagement (2004/2168(INI))

The European Parliament,

- having regard to the Communication from the Commission to the Council and the European Parliament on the European Union and Iraq — A Framework for Engagement COM(2004)0417,

- having regard to the joint letter of the Council of the European Union and the European Commission on Iraq: EU Medium Term Strategy, D(2004)10111, dated 9 June 2004,

- having regard to the Commission's document Commission on Iraq — Assistance Programme 2005, PE/2005/401,

- having regard to the Note of the Council of the European Union on the European Union Integrated Rule of Law Mission for Iraq, 6405/3/05 — REV. 3, dated 21 February 2005,

- having regard to the conclusions of the European Council meetings in Brussels ( 17 February 2003) and Thessaloniki ( 19 and 20 June 2003) and the declaration by the Greek Presidency (Athens, 16 April 2003),

- having regard to the conclusions of the External Relations Council of 25 April 2005,

- having regard to UN Security Council Resolutions 1483 (2003), 1500 (2003), 1511 (2003) and 1546 (2004),

- having regard to its previous resolutions of 16 May 2002 on the situation in Iraq eleven years after the Gulf War [1], 30 January 2003 [2] and 16 September 2004 [3] on the situation in Iraq, its recommendation to the Council of 24 September 2003 on the situation in Iraq [4] and Decision 2004/155/EC of the European Parliament and of the Council of 18 December 2003 on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of Iraq according to point 24 of the Interinstitutional Agreement of 6 May 1999 [5],

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

- having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development and the Committee on International Trade (A6-0198/2005),

A. whereas the outbreak of the war in Iraq was an unfortunate substitute for a political solution aimed at fostering political change and democratisation in that country,

B. whereas the conflict resulted in a profoundly divided international community,

C. whereas the war in Iraq, its various aspects and its consequences continue to be a sensitive issue for public opinion and governments in Europe and the United States,

D. whereas the adoption of clearer rules for the limitation of the use of force in international relations, for the fight against terrorism and for prevention of the proliferation of weapons of mass destruction is in the essential interests of the international community,

E. whereas Parliament is united in its wish for a swift and comprehensive resolution of the many problems that still exist in Iraq today,

F. whereas the years of dictatorship and oppression of the people, the international sanctions and the war led to the collapse of all societal and political structures in Iraq, leaving behind a situation of anarchy and insecurity,

G. whereas increased insecurity, acts of terrorism, kidnappings of civilians, including journalists, and violations of human rights have been constant over the last months, and have a particular impact on the daily lives of ordinary Iraqis,

H. whereas the EU did not send electoral observers to witness events on the ground for the January 2005 elections, although it had played a significant role in assisting and financing their preparation,

I. whereas the reconstruction process should not be viewed as a mere mechanical procedure limited to the rebuilding of infrastructures, but rather as the result of an all-encompassing political strategy, which includes economic, social and cultural transformations based on full respect for the rule of law, human rights and the rights of minorities,

J. whereas parameters to be considered in the reconstruction strategy include external and international elements, domestic elements and non-governmental contributions,

K. whereas Iraqi society and social life were completely dismantled by Saddam Hussein's dictatorship, human rights violations, the oppression of the Iraqi people and the war, and thus need urgent reshaping in all dimensions and through a strategy of setting priorities in concert with the Iraqi authorities, with the assistance of the United Nations and the international community,

L. having regard to the mass participation of Iraqis in the first democratic elections in the country, the formation of a democratic government in Iraq, the election of a president and the start of work on a new constitution,

M. whereas the EU Assistance Programme 2005 pledges a total budgetary allocation of EUR 200 million and identifies needs which are reflected by the National Development Strategy (2005-2007) developed by the Iraqi Interim Government,

N. whereas the European Union must cooperate closely with the United Nations, which is playing a predominant role in the reconstruction of the country, and with other international organisations,

O. whereas the EU co-hosted an international conference on Iraq in Brussels on 22 June 2005,

1. Expresses the need to move on from past events and to look towards the future; is greatly saddened by the death of the thousands of civilians and foreign troops who are estimated to have perished since the beginning of the invasion and the constantly rising monthly death rate; expresses great concern over the deteriorating security situation in Iraq since the end of combat operations was declared on 1 May 2003; expresses its hope that the lessons learned from the Iraq war will lead to more multilateral, democratic and results-oriented conflict management worldwide in the future;

2. Recalls the June 2003 conclusions of the European Council; recalls UN Security Council Resolution 1483 (2003); recalls UN Security Council Resolution 1546 (2004), which demonstrates a new spirit of cooperation within the international community and provides the basis for effective international support for Iraq's political transition and for the revival of its political authority and sovereignty, as well as the reconciliation of the Iraqi people under UN leadership and with a clear timetable;

3. Considers that the fall of the regime of Saddam Hussein should pave the way for the Iraqi people to move towards a peaceful, secure and democratic future denied to them for decades under the repressive policy of that regime; emphasises that security and stability in Iraq and in the region is the most urgent challenge facing the international community, since it is a crucial precondition for the development of a lively and voluntary civic spirit among Iraqi citizens; expresses its concern about the present insecure situation, which results both from an increasing number of acts of terrorism and from the perpetration of other acts against foreign troops; considers that the international community has a moral and political duty to respond;

4. Stresses that, in order to bring an end to the present situation of continuing insecurity and to implement the commitments to the political process endorsed in UN Security Council Resolution 1546, it is of the utmost importance to find a political solution with the aim of building a nationwide consensus, as stated by the participants at the Iraq International Conference held in Brussels on 22 June 2005;

5. Recalls, in this context, the importance of combating impunity and of promoting national reconciliation, and the need to bring to trial all those responsible for serious violations of human rights in the country; condemns the violations of prisoners' rights in Abu Ghraib prison and of the relevant Geneva Conventions;

6. Is deeply concerned at reports of the kidnapping and forced disappearance of many Iraqi nationals and foreigners in Iraq; calls for these disappearances, including the case of Abdul Jafar Al-Kubaysi, a former political refugee in France, to be fully investigated, and for these people to be immediately released;

The January 2005 elections for a Transitional National Assembly

7. Restates its conviction that elections for a Transitional National Assembly were a necessary first step towards a smooth political transition in the country and that they allowed voters to gain a feeling of ownership of their political future, even though elections alone do not automatically lead to democracy; democracy means taking account of the will of the people, through a representative government elected by the people;

8. Welcomes the fact that, in spite of difficult circumstances due to the climate of insecurity and violence in numerous parts of the country, the first elections took place on the scheduled day and that the overall turnout was a major achievement that showed the will and conviction of the Iraqi people to determine their own independent future by democratic means; stresses that security is essential to building up a democratic process; notes that a large part of the Sunni minority did not participate in the elections and that members of other minorities, such as Assyrians and Turkmens, were prevented from voting; calls on the Iraqi authorities to guarantee the participation of these minorities in forthcoming elections; calls also for the recognition, in the new Constitution, of the ethnic, national, religious and property rights of the Assyrians as well as their right to play an integral part in the new Iraq;

9. Acknowledges the results of the elections as officially announced, and recalls that in no way can these be considered as an end in itself; calls on the Iraqi Parliament and the new Government to adopt an open and constructive approach, aimed at federating all components of Iraqi society around a common political project for the country in order to overcome what could be considered a division of the institutional set-up along ethnic lines; welcomes the invitation and approval by the Iraqi Parliament of Sunni Ministers as members of the new legitimate Government; welcomes the fact that 31 % of those elected to the Transitional National Assembly are women; notes that the new Iraqi Parliament has elected its President and expresses the fervent hope that it will from now on be able to meet regularly; considers that the primary task of the new Parliament and of the Government must be to strengthen democracy and the rule of law, particularly through preparation of the new Constitution;

10. Welcomes the formation of the Iraqi Interim Government and the commitment of the Prime Minister to ensuring the full participation of Sunni Ministers;

11. Calls on neighbouring countries to refrain from any interference in Iraq's internal affairs and to respect its independence, sovereignty and territorial integrity and the desire of the Iraqi people to build the country's constitutional and political system by their own efforts;

12. Underlines that it is of the utmost importance for the international community to accompany the political changes and to assist the Iraqi authorities in preparing for the future referendum on a constitution and for the general elections scheduled for 15 December 2005; calls on the EU to make a serious commitment with regard to these events by sending, in agreement with the Iraqi authorities, a credible number of EU observers to witness events on the ground, within the framework of a fully-fledged EU Electoral Observation Mission, supplemented by a delegation of observers from the European Parliament, and preceded by a significant effort in financing the requisite electoral assistance;

13. Maintains that the Union has a responsibility to encourage and foster the activities of democratic organisations in Iraqi civil society, since this is an essential way to promote the development of a new democratic Iraq; calls on the Commission to give support in the future to programmes enabling democratic organisations in Iraqi civil society to uphold the rule of law and the fundamental human rights of the Iraqi people;

The restoration of security and the road to reconstruction

14. Emphasises that the establishment of a satisfactory and reliable sociopolitical climate depends on the fulfilment of the following preconditions:

(a) the respect of international legality and compliance with the relevant international human rights covenants so as to put an end to human rights violations,

(b) support for and cooperation with the Iraqi authorities on the basis of a UN mandate,

(c) persuading the Iraqi people to engage in the task of re-building their own sovereign, unified and independent state,

(d) condemnation of all forms of terrorism and acts of violence aimed at both the Iraqi civilian population and the multinational forces in Iraq,

(e) support for the active work of the European Union with the Iraqi authorities in the fight against terrorism;

15. Underlines that, in a country ravaged by over two decades of almost uninterrupted wars and sanctions, ensuring that all Iraqis have access to key services such as primary healthcare and education, clean drinking water and proper sanitation is essential for the return of stability; urges the European Union to target its considerable know-how and resources on working with the Iraqi authorities and the international donor community so as to ensure that the provision of these basic services is paramount;

16. Calls on the European Union and its Member States to take the opportunity to promote a new UN Security Council Resolution on Iraq with a view to assessing the situation, enhancing the stabilisation process and

(a) setting out guarantees for a greater commitment by, and a leading role for, the United Nations,

(b) providing for examination of, and decision-making regarding, the replacement of foreign troops in Iraq by a UN peace-keeping force, particularly since all political parties running for election asked for the withdrawal of foreign troops, and since some of the countries participating in the war have now withdrawn or decided to withdraw their troops, on the basis that any decision regarding the withdrawal of foreign troops is to be progressively implemented in accordance with a clear timetable,

(c) providing for consideration of the participation in training Iraqi armed forces and police forces by countries not taking part in the war;

17. Recalls that the key challenge of reconstruction remains, on the institutional and social fronts, the consolidation of the rule of law by establishing and strengthening effective democratic institutions, eliminating sources of tension among the different social components, mainstreaming a gender perspective into all projects, strengthening civil society by supporting non-governmental organisations, and ensuring freedom of the media and true respect for universal human rights standards, and especially for minority rights;

18. Welcomes the Iraqi decision to become a party to the Rome Statute of the International Criminal Court (ICC), but once again calls on the Iraqi authorities to abolish the death penalty, to ensure appropriate detention conditions and to create an efficient judiciary apparatus in order to fight impunity by prosecuting the perpetrators; points out that these measures should be accompanied by coherent policies on the economic, social and cultural fronts and must be supplemented in the short and medium term by an emergency aid plan, since large sections of the Iraqi population are seriously impoverished, and international support measures are therefore necessary;

19. Considers that a UN-led independent commission, composed of eminent Iraqi and other international jurists, should be established to draw up proposals for a comprehensive programme to ensure justice in Iraq regarding past violations of human rights and fundamental freedoms as well as large-scale criminal acts; in that respect, underlines the need for the leaders of the previous regime to be brought to justice with the right to a fair and impartial trial in line with universal standards, including the abolition of death penalty;

20. Stresses that women in Iraq continue to face various forms of discrimination in legislation and legal practice; in particular, urges the Iraqi authorities to eradicate honour killings and to ensure that these crimes are prosecuted and punished in the same way as other homicides; calls on the Iraqi authorities, in this connection, to review all legislation which discriminates against women, including the Penal Code and the law on personal status, and to withdraw all reservations made to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); considers that specific measures should be taken to promote the equality of women by ensuring equal access to economic and social rights, including education, employment and health services, as well as freedom of movement and political participation;

21. Urges respect for and protection of the fundamental rights of Iraq's largest group of Internally Displaced Persons (IDPs), the Marsh Arabs, whose treatment by the regime of Saddam Hussein was particularly brutal and tragic; strongly encourages the search for a long-term solution to the question of IDPs in southern Iraq, including the right to return to the land and water that the Marsh Arabs have farmed and fished for over 5000 years; in this context, supports the development in the new Iraq of human rights policies which have at their core the restitution of property illegally stolen by the previous regime;

22. Stresses the importance of protecting the country's archaeological sites, such as the ancient city of Babylon and calls on the Council and the Commission to support Unesco in financing restoration projects as part of the reconstruction of the country;

23. Welcomes the CFSP joint action on the European Union Integrated Rule of Law Mission for Iraq and advocates further actions financed by the Community budget and involving the various EU institutions in their implementation;

24. Insists on the need to reinvigorate the transatlantic partnership through the sharing of burdens and responsibilities, within the framework of effective multilateralism which also includes Muslim and neighbouring countries; calls in that respect for the creation of a peace-keeping mission under UN leadership;

25. Points out the need to involve Iraq's neighbours in the reconstruction process; views institutionalised cooperation as a helpful forum for discussing and coordinating matters of common concern, such as border security, terrorism, arms and drug trafficking, and organised crime; is convinced, furthermore, that such a forum could gradually develop a mechanism for confidence-building and security cooperation in the region;

26. Recognises and supports the experience of those economic partners from the present EU countries that effectively acted as investors and service suppliers in pre-war Iraq;

The EU and EP specificity and action

27. Views the EU policy towards Iraq in the broader context of the EU strategic partnership for the Mediterranean and the Middle East and expresses the wish that, in the medium term, the European Union develop a comprehensive regional strategy for the non-Mediterranean countries of the Middle East;

28. Notes that the EU must encourage regional cooperation and invite Iraq to participate in the EU Strategic Partnership for the Mediterranean and the Middle East, and stresses that the progressive establishment of regional economic cooperation will be a valuable first step towards reducing tensions and allowing for the gradual development of political and security cooperation;

29. Stresses the important role that Iraq's neighbouring countries can play in the process of pacification, in preserving the unity of that country and in fostering the democratic process; calls on the European Union and the Member States, in the context of their external relations, to encourage Iraq's neighbours to play this role successfully, and to support their efforts in that regard;

30. Points out that EU assistance and reconstruction policy should remedy the shortcomings of the past and bring about a better understanding of Iraqi social dynamics and realities with the help of civil society and non-governmental organisations; emphasises that the future political institutions of Iraq should reflect the will of the Iraqi people and preserve the country's unity while encouraging the establishment of a geographically decentralised government, a participatory political system and a federal state taking into account the diverse make-up of the country, ensuring the harmonious participation of all social and ethnic components and ensuring that women are represented and play a real and active role in the political and reconstruction process without being subjected to any discrimination;

31. Endorses the emergence of a social market economy, which offers small and medium-sized firms the requisite opportunities to flourish; considers that EU assistance in the enhancement of democracy and the rule of law is equally important;

32. Supports the opening of WTO accession talks as a key step for the reintegration of Iraq into the international economy; however, considers it necessary to establish adequate and legitimate institutions in Iraq which enable its representatives to negotiate the terms of accession, and encourages continuous EU assistance with a view to promoting Iraq's adherence to, and active participation in, international organisations, conventions and treaties such as UNCTAD, UNDP, UNEP, ILO, the Kyoto Protocol and the Biodiversity Convention;

33. Insists that any substantial contribution by the EU to the reconstruction of Iraq should not be to the detriment of assistance to other countries or regions; stresses that the Commission should provide complete, regular and transparent information on the actual disbursement and implementation of EU assistance, including those funds to be deployed indirectly through other organisations such as the International Reconstruction Fund Facility for Iraq;

34. Is surprised that, in spite of its resolution of 16 September 2004 on the situation in Iraq [6], the funds allocated to reconstruction are being partly administered by the World Bank Trust and not entirely by the United Nations; is concerned at the fact that, to date, the World Bank Trust has only utilised a minute proportion of the funds set aside; insists that the EU's 2006 budget must take account of Iraq's take-up capacity and, given the widespread corruption in the country, recommends having an independent audit carried out on the use of these funds;

35. Welcomes the Commission's emphasis on debt relief and supports the concerted strategy that led to the November 2004 agreement by the Paris Club to provide Iraq with a debt reduction of 80 % in three phases;

36. Notes that, in view of the country's size and historical as well as geographical links, the EU and Iraq possess mutual markets for goods and services, and thus encourages efforts aimed at improving EU-Iraq economic regulatory convergence and engaging in a political and economic dialogue that reflects the mutual interest in a fully-fledged partnership;

37. Encourages continuous EU assistance aimed at building up the capacity of Iraqi administrative and economic institutions, in particular the restructuring of the institutional framework, especially as regards the creation of an independent central bank, a stable currency and a tax and budget authority, and the unhampered development of financial markets and the private sector in such a way as to encourage economic market reform and direct foreign investment;

38. Notes that Iraq is a beneficiary of the European Community's Generalised System of Preferences (GSP) and encourages specific administrative cooperation so that GSP trade preferences may be effectively applied to Iraq as soon as conditions allow;

39. Stresses that one of the essential conditions for the reconstruction and development of the Iraqi economy is for Iraqis to exercise full authority and control over the country's natural resources and to use the revenue from the sale of petroleum in such a way as to ensure that it is reinvested in Iraq;

40. Stresses that, given the possibility of a significant Iraqi contribution to the Union's security of energy supply and the potential for the EU and Iraq to mutually benefit from increased Iraqi production of oil and natural gas, a level playing field for investment and regulatory convergence in the energy sector are factors of major interest to both the EU and Iraq;

41. Points out that it is of the utmost importance to provide European taxpayers with clear information about the amounts spent and projects conducted by the EU in Iraq; therefore calls on the Commission to establish an information strategy in the European media and an Internet site on the Commission's EuropeAid Co-operation portal to provide relevant information on its Iraqi development actions and to increase transparency;

42. Requests that all humanitarian and reconstruction projects be conducted with careful planning, transparency, coherence and increased coordination and cooperation with international donors, while ensuring that all necessary security conditions for humanitarian aid workers are in place;

43. Stresses that the reconstruction process must be conducted in a neutral way, placing the reconstruction projects under the control of Iraq's interim and sovereign authorities;

44. Stresses the need to focus in particular on the most vulnerable sectors of the population, namely children, the elderly and persons with disabilities, with a view to ensuring the best possible provision of health care and welfare services;

45. Requests donor countries to devise, in the field of medical care and social and financial support, special programmes for the social reintegration of disabled landmine and cluster-bomb victims and their families, to organise effective mine-awareness campaigns and education for the population, in particular for children and women, and to actively conduct mine-clearance and refrain from using anti-personnel landmines;

46. Considers that the process of drafting the constitution is of the utmost importance for the country and for further institution-building; emphasises that it is of vital importance for the rights of women to be enshrined in Iraq's new constitution, and in this context calls on the European Union to support this in the strongest terms at every opportunity; offers its expertise and assistance with a view to the drafting of the Iraqi constitution; proposes re-activation of the parliamentary dimension of the new Iraq by fostering a dialogue between the Iraqi Parliament, the European Parliament, the parliaments of the neighbouring countries and the US Congress within the framework of an extended Transatlantic Legislative Dialogue;

47. Calls for the immediate creation of an ad hoc parliamentary delegation for relations with the Iraqi interim Parliament, to be transformed in the medium term into a permanent parliamentary delegation for relations with Iraq;

48. Calls on the Commission to follow the example of the Council in establishing a permanent presence in Iraq, subject to the necessary assessment to ensure the security of its personnel;

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49. Instructs its President to forward this resolution to the governments of the Member States, the Council, the Commission, the Iraqi Transitional National Assembly, the Secretary-General of the United Nations, the governments of the countries included in the Barcelona process, the governments of Iran and of the member states of the Gulf Cooperation Council, and the Government and the Congress of the United States of America.

[1] OJ C 180 E, 31.7.2003, p. 499.

[2] OJ C 39 E, 13.2.2004, p. 67.

[3] OJ C 140 E, 9.6.2005, p. 157.

[4] OJ C 77 E, 26.3.2004, p. 226.

[5] OJ L 54, 23.2.2004, p. 1.

[6] OJ C 140 E, 9.6.2005, p. 157.

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