A4-0002/96

Recommendation by the European Parliament to the Council on humanitarian action by the European Union

The European Parliament,

- having regard to the proposal for a recommendation to the Council by Mr Oostlander and others on the definition by the Council of a common position and, subsequently, of joint action in regard to humanitarian law, humanitarian aid and intervention on humanitarian grounds (B4-0052/94),

- having regard to its resolutions referred to in the explanatory statement to this recommendation contained in report A4-0002/96,

- having regard to its resolution of 17 May 1995 on the functioning of the Treaty on European Union with a view to the 1996 Intergovernmental Conference - Implementation and development of the Union ((OJ C 151, 19.6.1995, p. 56.)), which proposes the establishment of European civil peace corps,

- having regard to Rule 46(3) of its Rules of Procedure,

- having regard to Article J.7 of the TEU, which grants the European Parliament the right to make recommendations to the Council on aspects of the common foreign and security policy (CFSP),

- having regard to the report of the Committee on Foreign Affairs, Security and Defence Policy and the opinion of the Committee on Development and Cooperation (A4-0002/96),

A. whereas among the objectives of the CFSP of the Union established by the Treaty on European Union are the preservation of peace, the strengthening of international security, the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms,

B. whereas the means to attain these objectives are to include the definition of common positions and joint actions by the Council, together with coordination of the action of the Member States in international organizations and conferences,

C. whereas, in the light of changing international consciousness in recent years and the increasing pressure that is consequently being exerted on States and governments to intervene in every part of the world to uphold human rights and democracy, the time is right and it is politically desirable to systematize and harmonize the humanitarian policy and action of the Union,

1. Calls on the Council:

1. 1 to implement and develop, in accordance with the provisions of the Preamble and Article J.1(2) of the Treaty on European Union, the defence of democracy and human rights as a guiding principle of the common foreign and security policy of the Union;

1. 2 to declare and argue consequently, in the relevant international fora, that the European Union will not accept that a country which resorts to serious, systematic human rights violations should invoke the principle of non- interference in order to oppose an international humanitarian action;

1. 3 to ask the Commission and the Council Secretariat to draw up a memorandum stipulating the manner in which the above is to be put into practice, making use of the work done by the human rights working party which operates as part of the current structure of the CFSP;

1. 4 to define with the Commission and the European Parliament the criteria on how to implement the 'democratic clause' included in all the agreements between the EU and third countries and to specify the procedures that have to be followed in case of non-respect;

1. 5 to ensure that the Union, through joint action, contributes in all fora, and in particular the UN Security Council, to consolidating the right and the duty to intervene by political means in the internal affairs of a State for humanitarian reasons or when serious human rights violations have occurred;

1. 6 to instruct the Council Secretariat, in cooperation with the Commission and the European Parliament, to examine the possibility of establishing a European civil peace corps to strengthen humanitarian action, bring about the peaceful resolution of conflicts, prevent the outbreak of new conflicts and provide the necessary confidence-building measures;

1. 7 to instruct the Council Secretariat to examine the possibility of participation by the 'Eurocorps' and similar military units in humanitarian intervention;

1. 8 to define as joint action consistent with international law the general framework of intervention which is not strictly humanitarian but is necessary to enable humanitarian aid to reach needy populations in difficult situations;

1. 9 to implement the provisions of Article J.5(4) of the Treaty on European Union and, especially in the UN Security Council, to achieve effective and practical unity of action, especially in the areas referred to in this recommendation;

1. 10 to press, in the United Nations, by all available means, for a permanent international criminal tribunal to be set up and for it to be given the necessary means and powers to enable it to operate effectively, proceeding from the basis already established through the existing tribunals on the former Yugoslavia and Rwanda, and to define the activity of the Member States in the Legal Committee of the General Assembly as a joint action;

1. 11 to seek to promote, within the United Nations, and in particular its Third Committee and Human Rights Committee, a codification, simplification and clarification of international law and above all that part thereof which governs humanitarian issues;

1. 12 to adopt a common position or a joint action with a view to democratizing and adapting the structures and institutions of the UN, with regard in particular to the Security Council, to the requirements of the next century (as called for by the Council itself in its Declaration on the Fiftieth Anniversary of the United Nations) in order to render its interventions on behalf of human rights more effective;

1. 13 to give practical shape, via a common position, to the intention expressed in the Conclusions of the Council Presidency at the Cannes Summit, namely 'to work resolutely for peace and disarmament within the framework of the [CFSP]' and, to this end, to display its determination by dealing with the problems arising from the export of and traffic in arms and introducing restrictive and responsible rules in this area in the Union;

1. 14 to ensure, in connection with all topics for which this recommendation refers to the adoption of a joint action, that majority voting is actually used and that the results of the votes are made public, so as to increase the political accountability of members of the Council;

1. 15 to support the efforts of the Commission to introduce a regulation on humanitarian aid and refrain from hampering the capacity to respond rapidly and effectively to humanitarian crises by setting up machinery such as management or regulatory committees which are not suited to the nature and specific requirements of humanitarian aid;

1. 16 to ask the Commission to give appropriate publicity and, by that means, a higher public 'profile' to Union expenditure on humanitarian relief supplies, thus ensuring that the public as a whole gains a clearer understanding of the Union's role in implementing aid operations;

1. 17 to give clear political continuity to humanitarian aid for the purposes of human rights and to develop it by means of cooperation programmes and political measures which obviate the need for permanent or open-ended humanitarian aid;

2. Instructs its President to forward this recommendation to the Council and, for information, to the Commission.