EN Official Journal of the European Union CE 84/215

(2004/C 84 E/0260)

WRITTEN QUESTION E-2573/03

by Maurizio Turco (NI) to the Council

(7 August 2003)

Subject: Breach of binding OSCE obligations on freedom of thought, conscience and religion by Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia, Turkmenistan and Uzbekistan

Knowing that:

— The OSCE member states have undertaken to respect freedom of thought, conscience and religion.

— Despite these binding obligations stemming from OSCE membership, some of that organisation's member states are continuing to fine or imprison believers for peacefully practising their faith. Places of worship are being closed and sacred objects destroyed; religious publications are being censored, and the registration of religious communities is being made difficult or even impossible.

— Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia, Turkmenistan and Uzbekistan are in particularly serious and constant breach of their binding and fundamental commitment to ensure freedom of thought, conscience and religion.

Under OSCE rules, decisions are taken by the member states on the basis of consensus. The EU Member States are all also OSCE members, and the Union cooperates with the OSCE.

Despite these attacks on the right to freedom of thought, conscience and religion by third countries with which the EU has agreements, the Commission has in no case taken any action to suspend or threaten to suspend the agreements, even though it has openly recognised that fundamental human rights, and notably the right to freedom of thought, conscience and religion, are being violated in the countries concerned.

Can the Council as such, as well as the individual Member States which form it, state whether the intention exists to call for compliance with the OSCE rules and treaties and denounce the serious and persistent breaches of fundamental human rights, notably the right to freedom of thought, conscience and religion, in Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russia, Turkmenistan and Uzbekistan?

Reply

(9 March 2004)

The Council would remind the Honourable Member that the EU Member States have endorsed the provisions of Chapter VII of the Helsinki Final Act signed in 1975 which determines the conditions for respect for human rights, including freedom of thought, conscience, religion or belief. The principles contained therein have regularly been reaffirmed by the OSCE in successive declarations, in particular the Madrid 1983, Vienna 1989, Copenhagen 1990, Budapest 1994 and Istanbul 1999 declarations.

On top of this, the EU Partnership and Cooperation Agreements (PCAs) state that:

The parties shall cooperate on all questions relevant to the establishment or reinforcement of democratic institutions, including those required in order to strengthen the rule of law, and the protection of human rights and fundamental freedoms according to international law and OSCE principles.

Of the countries mentioned in the question, the EU has Partnership and cooperation agreements with Armenia (1), Azerbaijan (2), Georgia (3), Kazakhstan (4), Russia (5) and Uzbekistan (6).

The most recent meetings of the Cooperation Councils with Armenia, Azerbaijan and Georgia took place on 30 September 2003 (press release 13071/03), with Kazakhstan, on 22 July 2003 (press release 11440/03), with Russia, on 15 April 2003 (press release 7933/03) and with Uzbekistan, on 27 January 2003 (press release 5399/03). At all of these meetings the EU raised the question of respect for OSCE rules.

Concerning Belarus, the Council (General Affairs and External Relations) adopted conclusions on 14 April 2003, which included a position on the situation of democracy and human rights in Belarus. Also in April 2003, the EU co-sponsored a Commission on Human Rights Resolution on Belarus which expresses deep concern about reports of potential increased restrictions on the activities of religious organisations.

During the last year, the EU has also issued declarations and made demarches in cases of violation of religious freedom, particularly regarding the approval of the law on freedom of conscience and religious organisations.

As for Turkmenistan, the EU made a declaration on 20 January 2003 (5462/03) calling upon the President and the Government of Turkmenistan fully to cooperate with the process launched in the framework of the OSCE under the mechanism agreed at the 1991 Moscow meeting of the conference on the human dimension.

All of the abovementioned documents are publicly available on the internet.

(1) OJ L 239, 9.9.1999.

(2) OJ L 246, 17.9.1999.

(3) OJ L 205, 4.8.1999.

(4) OJ L 196, 28.7.1999.

(5) OJ L 327, 28.11.1997.

(6) OJ L 229, 31.8.1999.