A4-0212/96

Resolution on the Communication from the Commission on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (COM(95)0216 - C4-0197/95)

The European Parliament,

- having regard to the Commission Communication on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (COM(95)0216 - C4-0197/95),

- having regard to the Treaty on European Union, and in particular Article C and Article J.1.(2), and to Article 130u of the EC Treaty,

- having regard to the Universal Declaration on Human Rights (1948) and other UN human rights instruments, notably the Covenants on Civil and Political Rights (1966), and on Economic, Social and Cultural Rights (1966), the Convention for the Elimination of Discrimination against Women (1979), and the Final Declaration and Programme of Action of the World Human Rights Conference (Vienna, 1993),

- having regard to the Conclusions of the General Affairs Council of 29 May 1995,

- having regard to its resolutions of 12 March 1993 (( OJ C 115, 26.4.1993, p. 214.)) and 26 April 1995 (( OJ C 126, 22.5.1995, p. 15.)) on human rights in the world and the Union's human rights policy,

- having regard to its resolution on the introduction of a social clause in the unilateral and multilateral trading system of 9 February 1994 (( OJ C 61, 28.2.1994, p. 89.)),

- having regard to the conventions drawn up in the framework of the International Labour Organisation (ILO),

- having regard to the report of the Committee on Foreign Affairs, Security and Defence Policy and the opinions of the Committee on Development and Cooperation and the Committee on External Economic Relations (A4-0212/96),

A. whereas the struggle for human rights is closely linked to the history and the development of mankind, to the development of democracy and the rule of law; and whereas the realisation that the individual must be the centre of all political, economic, social and cultural activity, is increasingly central in world public opinion,

B. whereas the EU must be able to respond rapidly and effectively to situations where grave violations of human rights occur, taking into account international human rights conventions, information supplied by specialized NGOs and the reactions of the public,

C. whereas positions taken by the European Union and its institutions on human rights are a significant point of reference both inside and outside the EU,

D. whereas Parliament should have a clear role in co-determining policy on the application of the human rights clause in the EU's external agreements, in view of its particular commitment to human rights and its role as the institution best able to reflect public concerns in this area,

E. whereas the regular and systematic transmission of information on human rights issues between the major EU institutions and the EU Member States is particularly important, and whereas improvements in this regard would contribute to a balanced assessment of situations demanding attention and ensure greater coherence of action between the institutions,

F. whereas human rights issues ought to be an important part of the negotiating mandate for external agreements conferred by the Council on the Commission,

G. whereas new generations of agreements which have recently been concluded or which are in prospect establish that the promotion and protection of human rights are a very significant aspect of the external relations of the European Union,

H. whereas the globalisation of the economy accentuates the need for the worldwide protection and assertion of democratic principles and values,

I. whereas social rights in general, and those covered by the ILO Convention in particular, form an integral part of the corpus of internationally recognized human rights,

J. whereas the European Union's goals are the social, cultural and economic welfare of peoples, including respect for human rights, and whereas these goals must also be taken into account in the necessary economic and cooperation agreements,

K. whereas the Intergovernmental Conference provides an opportunity to reexamine the role of such agreements in the promotion of human and social rights and democratic principles,

L. whereas the Community must draw up clear procedures and criteria for the application of the human rights clause, which it must apply without discrimination between states,

M. whereas the application of the clause must not affect the provision of humanitarian aid,

N. whereas these legal, political and moral values are a fundamental element of European identity and of its principles of representative democracy and the primacy of law,

O. convinced that human rights must remain a priority in the policies of the European Union and that the Member States have a duty to respond to human rights violations, as a consistent policy guaranteeing the respect of human rights would confer both prestige and moral authority on the EU,

P. recognizing the universality, indivisibility and interdependence of fundamental human and social rights and democratic principles,

1. Welcomes the communication from the Commission and sees it as a further step towards the adoption of practical measures to implement the EU's human rights policy;

2. Understands the phrase 'respect for democratic principles and human rights' to mean not only the fundamental freedoms of association, expression and movement, but also respect for the rights of minorities; considers, particularly in the context of foreign trade, that it is important to stress the value of human rights at the workplace;

3. Proposes that the IGC incorporate in any new Treaty a stipulation that the human rights clause be incorporated in every external agreement, together with provisions setting out the procedure for responding to gross violations of human rights and certain fundamental social rights, possibly in the form of a Protocol to the Treaty;

4. Considers that the most far-reaching form of the human rights clause should be used in all agreements;

5. Calls for the views of the European Parliament on the human rights situation in a third country to be formally taken into account during the negotiation of an agreement;

6. Considers that the European Parliament should have the power to recommend the application of the human rights clause in relation to a third country;

7. Calls on the Council and Commission to actively promote the ratification of the instruments of international law concerning human rights in their negotiations with third countries, and calls on Member States which have not already done so to complete their ratification of such instruments;

8. Calls on the Council to report on the situation in regard to human rights and democracy in a third country when forwarding an agreement for the assent of Parliament;

9. Considers that, in order to assess the human rights situation in third countries more effectively, the Commission should draw up annual reports on the development of the human rights situation in those countries with which the European Union has agreements;

10. Calls for the proposed CSFP Analysis Unit to accord special consideration to the resolutions of the European Parliament on human rights questions and to take account, as regards interpretation, of the case-law of the European Court of Human Rights;

11. Considers that the European Parliament should have access to the human rights assessments of the Unit and should be entitled to call upon the Unit to examine specific country situations of particular concern;

12. Calls upon any such Unit to take special account of the work of the UN and its specialist agencies, of the ILO, and in particular of the resolutions of the UN Commission on Human Rights and of the Council of Europe in the field of human rights, as well as information provided by major NGOs with whom it should maintain close contact;

13. Recommends that there should be a section of the Unit with a specific human rights remit and for assessing respect for democratic principles;

14. Proposes that the Council should act on the basis of a qualified majority rather than on unanimity in deciding whether to suspend an agreement on human rights grounds;

15. Calls for consultation of the Parliament about the suspension of an accord, and for any proposal for suspension made by the Commission to be forwarded at the same time to the Council and Parliament;

16. Calls on the Council and Commission to put in place a mechanism which will enable the prompt communication to the European Parliament of all reports drawn up in the CFSP framework and dealing with the human rights situation in third countries;

17. Calls on the Council and Commission to fully inform the European Parliament about the application of the human rights clause and about the consequences of its application;

18. Calls for an obligation on the part of the Council to provide a justification of its position should it decide not to follow a recommendation of the European Parliament, adducing the information it has on observance of human rights and respect for democratic principles;

19. Calls on the Commission to draw up a report listing all countries to which sanctions have so far been applied by the Union and a further communication, to address, inter alia, criteria, procedures, forms of sanctions, and their method of application, in particular with regard to the implementation of the democracy and human rights clause included in agreements with third countries; it is proposed that this communication should also examine the relation in law between UN Security Council decisions, Council of Europe decisions, Council decisions and Member States' decisions on matters such as embargoes, and that it should also report on the legal obstacles to the imposition of political and economic sanctions, whether in the context of the GATT/WTO or in other areas of law;

20. Calls on the Commission to investigate the possibility of developing a model which would make it possible to respond in a flexible and appropriate manner to violations of human rights, democratic principles and the rule of law;

21. Calls once again for the European Union to commit itself actively to the establishment of a Permanent International Criminal Court;

22. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Council of Europe and the United Nations Commission on Human Rights.