B. whereas serious doubts persist as to the fairness of the trial and as to the independence of the Court,
whose President also represents the ruling party in the National Electoral Commission,
C. having regard to the Prime Ministers proposal to postpone the general election originally scheduled
for 14 and 28 October 2001 and his declared approval of revising Article 59 of the Constitution, in
order to allow President Eyadema to stand again in the presidential elections, despite undertaking in
public in July 1999 not to seek a new term of office as president,
D. whereas the general election, initially scheduled for the year 2000, and the departure in 2003 of
President Eyadema, who has been in power since 1967, are at the heart of the framework agreementsof LomØ, concluded in July 1999 between the regime and the opposition, in order to put an end to adecade of unrest,
E. whereas since President Eyadema took power in 1967 those responsible for acts of violence have
never been brought to justice for the crimes they have committed,
1. Calls for the immediate and unconditional release of Mr Yawovi Agboyibo;
2. Requests that his conviction be removed from his police record, so as to enable him to stand as a
candidate in the forthcoming elections;
3. Calls on the authorities to hold, as soon as possible, free and transparent elections, which the Togo-
lese people have been waiting for since the beginning of 2000;
4. Requests that the EU, with the participation of the European Parliament, monitor the elections and
send observers;
5. Condemns any attempt to amend Article 59 of the Constitution;
6. Calls on President Eyadema to ensure that his government complies with the LomØ framework agree-
ment signed by the opposition parties and the Presidents regime in July 1999;
7. Calls on the Togolese authorities to put an end to the climate of impunity in Togo and to identify
and bring to justice those responsible for the human rights violations as established by the UN-OAUinquiry;
8. Calls on the EU to continue scrutinising respect for human rights and democratic principles in Togo,
and to make the resumption of normal cooperation relations conditional on substantial progress to beachieved in these areas;
9. Instructs its President to forward this resolution to the Commission, the ACP-EU Council of Ministers
and the Togolese Government.
17. Human rights: Cambodia
B5-0558, 0564, 0572, 0587 and 0596/2001
European Parliament resolution on Cambodia
The European Parliament,
 having regard to its previous resolutions on Cambodia,
 having regard to the Cambodian law of 16 August 2001 on the special Cambodian Tribunal, which is
of an international nature, to prosecute members of the Khmer Rouge,
 having regard to the Paris Accords of October 1993 and the commitment to democracy contained
within,21.3.2002 EN C 72 E/345 Official Journal of the European Communities
Thursday 6 September 2001
 having regard to the UN Commission on Human Rights resolution on Cambodia adopted on 25 April
2001,
 having regard to the EU-Cambodia Cooperation Agreement of 1 November 1999,
 having regard to the Commission communication on EU election assistance and observation
(COM(2000) 191),
A. whereas the elections for the Khum Sangkat Councils to take place in February 2002 constitute a
further step in strengthening the democratisation process in Cambodia and that since 1998 thecountry is enjoying its first period of peace in three decades,
B. alarmed by the violent death of Toch Voeun, who was running for the Sam Rainsy Party at the local
elections, following the death of two other members of parties in opposition to the ruling CambodiaPeoples Party,
C. concerned by the impact of the National Election Committees amendment to its Rules and Regu-
lations in the midst of the commune election voter registration process and noting that on 19 August2001 the National Election Committee (NEC) unilaterally decided to suspend voter registration quotas,which led 30 % of eligible voters not to register,
D. considering the importance of an environment free of violence and intimidation before and during the
elections and the need for an objective and impartial attitude on the part of the National ElectionCommittee in the whole process,
E. whereas the democratic opposition accuses the government of depriving thousands of citizens of their
right to vote by implementing discriminatory measures against certain groups of people such as fac-tory workers,
F. considering the recent decision by the two houses of the Cambodian parliament and by King Noro-
dom Sihanouk to adopt the Khmer Rouge Tribunal Bill;
G. recalling that the democratic process in Cambodia, the stability of the new institutions and the reha-
bilitation of civil society can only become reality if those responsible for the genocide face a fair trialconducted by a tribunal according to international standards,
H. considering that the special Tribunal will be set up under Cambodian domestic jurisdiction and with a
majority of Cambodian judges,
I. considering that a number of issues concerning the criminal procedure and the number of Khmer
Rouge to go on trial remain unsolved,
J. concerned, however, about the deteriorating situation of the environment in Cambodia, especially the
over-logging in recent years that causes rapid rainwater run-off and soil erosion and which, accordingto a recent report of the Asian Development Bank, could deforest the country within five years,
K. alarmed at the recent floods in the Mekong Delta region and the growing number of victims and
homeless people,
Municipal elections
1. Deplores the continuing restrictions imposed on the activities of the political opposition and the
systematic resort to political violence;
2. Expresses its concern at the rising violence in the lead-up to the local elections, and condemns the
three political killings (two SRP members and one from Funcinpec) as well as the numerous cases ofpolitical threats and intimidations that have occurred in recent months;
3. Regrets the timing of the National Election Committees decision to change the Rules applicable to
the registration of voters for the commune election, which increased the difficulty of an already poorlyplanned process, with people not knowing where they should register, and which could, moreover, resultin a change of the electoral balance in several communes to the advantage of the CPP;C 72 E/346 EN 21.3.2002 Official Journal of the European Communities
Thursday 6 September 2001
4. Urges the Government to take immediate action to stop the violence, the Cambodian authorities to
refrain from any act of intimidation against the democratic opposition, and the judicial system, the armedforces and the local authorities to maintain independence and neutrality, in order to ensure the democraticcourse of the elections;
5. Calls on the Cambodian Government to extend the period of voter registration and to eliminate
discriminatory practices, so as to establish a level playing-field for all participants, including guaranteedaccess to the broadcast media for all political parties taking part in the elections;
6. Calls on the Council to send a European Union Observer Mission for the elections in Cambodia;
7. Calls on the Commission to set up a programme aimed at conducting voter education and training of
electoral agents and party candidates,
Special Tribunal
8. Welcomes the approval by the Constitutional Council and the signature by King Norodom Sihanouk
of the legislation on the special Tribunal to prosecute members of the Khmer Rouge, which, by enablingthe trial of leaders of Democratic Kampuchea for crimes against humanity and genocide, will help put anend to the culture of impunity in the country;
9. Urges the Government of Cambodia to finalise as soon as possible the Memorandum of Understand-
ing with the United Nations concerning the details of the Court, in order to enable the proceedings tobegin in the near future;
10. Welcomes the announcement of the indictment of the deputy leader of the Khmer Rouge and urges
the parties to solve the remaining issues and, especially, to come to an agreement regarding the KhmerRouge leaders who were amnestied in the 1990s, stressing that immunity from prosecution would jeop-ardise the aim of guaranteeing justice for the victims as well as peace and reconciliation in the country;
11. Expresses its concern at the fact that the Tribunal offers fewer legal safeguards than originally
requested by the United Nations,
12. Stresses, therefore, the need to ensure rigorous trials, in accordance with internationally recognised
standards of justice;
Floods/Environment
13. Expresses its sympathy to the victims of the recent floods and to their families as well as to the
thousands of homeless;
14. Deplores the violent means used by the Cambodian police to disperse the flood victims who had
moved into town from their flooded homes;
15. Urgently calls on the Cambodian Government to take serious measures against illegal logging and
lawlessness in the forest and fisheries sector and calls on the Commission to assist Cambodia in theevaluation of the dangers that deforestation causes to the environment leading to ecological disaster suchas successive destructive floods and drought;
*
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16. Instructs its President to forward this resolution to the Council, the Commission, the United
Nations, ASEAN and to the government and parliament of Cambodia.21.3.2002 EN C 72 E/347 Official Journal of the European Communities
Thursday 6 September 2001