WRITTEN QUESTION E-1541/02

by Joke Swiebel (PSE) and Michael Cashman (PSE) to the Council

(3 June 2002)

Subject: ILGA international and consultative status at ECOSOC, behaviour of Spain

1. Can the Council confirm that on 30 April 2002, all EU Members of the ECOSOC of the UN (and all associated countries present) excluding Spain voted in favour of the application of the International Lesbian and Gay Association (ILGA) for consultative status at the UN?

2. Can the Council confirm and repeat that it is the position of all Member States that discrimination on the basis of sexual orientation shall be prohibited (Charter of Fundamental Rights, Article 21), and that this principle guides all actions of the EU and its Member States, also at international fora?

3. Would the Council agree that all Member States might be expected to support the Union's foreign policy (Article 11(2) TEU)? Can the Presidency be expected to promote coherence and cohesion of EU action within the UN and to express the position of the Union (Article 18(2))? Could the Council explain why in the present case these principles have not been followed?

4. Is the Council aware that ILGA has consultative status at the Council of Europe and is recognised as a legitimate actor in civil society by the EU, e.g. is receiving financial support under the Community Action Programme to combat discrimination, as established by the Council on 27 November 2000(1)?

5. Is the Council aware that ILGA has included in its constitution support for the UN Convention of the Rights of the Child, condemns sexual abuse of children and neither promotes nor seeks the legalisation of paedophilia?

6. How will the Council redress the serious damage to the coherence and credibility of EU human rights and anti-discrimination policies caused by this defection of a Member State currently holding the EU Presidency?

(1) OJ L 303, 2.12.2000, p. 23.

Reply

(8 October 2002)

1. The Council is informed of the votes cast by the EU members of ECOSOC on 30 April 2002, and notes that 29 ECOSOC members voted against ILGA's consultative status in ECOSOC with only 17 members voting in favour. This resulted in ECOSOC endorsing the NGO Committee decision to exclude ILGA from ECOSOC consultative status.

2. While it is fully aware of the contents of Articles 11(2) and 18(2) of the Treaty on European Union, and regrets the instances where the Presidency cannot present an EU position in international organisations, the Council cannot comment on national positions taken by individual Member States.

3. The Council is indeed aware that the ILGA has consultative status at the Council of Europe as an international non-governmental organisation (NGO). The Council also understands that the ILGA is receiving financial support under the Community Action Programme to combat discrimination(1). It is also informed of the contents of the ILGA constitution.

4. The Council recalls that, with the European Parliament and the Commission, it jointly proclaimed the Charter of Fundamental Rights at the meeting of the European Council held in Nice from 7 to 9 December 2000, and reaffirms the great value it attaches to Article 21(1) thereof. It further recognises the value of the contribution of NGOs, such as the ILGA, in fighting discrimination as well as their value as advocates of people who are exposed to discrimination.

5. The Council will continue its efforts to ensure that, in accordance with Article 19 of the Treaty on European Union, Member States coordinate their action in international organisations and at international conferences and uphold the common positions in such fora.

(1) OJ L 303, 2.12.2000.