EN Official Journal of the European Union CE 88/353

(2004/C 88 E/0359)

WRITTEN QUESTION P-1336/03

by Ilka Schröder (GUE/NGL) to the Commission

(2 April 2003)

Subject: Persecution of homosexuals in the Palestinian autonomous areas

In recent months there have been repeated reports in the press (including in New Republic, 19 August 2002, East Bay Voice, 19 September 2002, Ha'aretz, 6 March 2003 and 10 September 2001, Jerusalem Post, 5 June 2001) and by civil rights groups (e.g. Agudah, http://agudah.israel-live.de) on serious violations of the human rights of gays, lesbians, transsexuals and trans-genders in the autonomous areas ruled by the Palestinian Authority (PA). In 2000, it is claimed, four Palestinians were killed for being homosexual, and hundreds were forced to flee to Israel. It is alleged that ‘harassment of gays’ is ‘practically official policy’ in the PA. The victims are frequently called collaborators and accused as such. However, there have also been two cases in the last three years where people have been specifically accused of homosexuality. In the wake of the ‘Al-Aqsa Intifada’, Sharia courts have also been set up where homosexuals are threatened with the death penalty by stoning, burning and hanging. These courts also declare persons suspected of homosexuality to be ‘outlaws’, who can be murdered with impunity. It is also reported that the PA police regularly inflicts appalling torture on homosexuals.

The EU has committed enormous amounts of financial aid to the region. Since 1993, over EUR 1,4 billion has flowed into the ΡΑ-ruled areas, and since June 2001 the EU has paid a steady EUR 10 million per month to the PA through direct budget payments. Further large appropriations are granted through the MEDA programme. Is the Commission aware of the above-mentioned facts about the situation of gays, lesbians, transsexuals and trans-genders in the PA areas? Does it have any other information? If so, what? Does it know about the situation of homosexuals in the UNWRA camps co-funded by the EU? Has the Commission already taken any measures to bring about a change in this intolerable situation? If not, does the Commission consider that the EU — in view of the extent to which it supports the PA — has a right to insist on compliance with human rights obligations by the PA, and must assert this right? If not, would the Commission agree that the EU and its Member States should grant those affected immediate and unlimited asylum? If not, why not?

Answer given by Mr Patten on behalf of the Commission

(7 May 2003)

The Commission is aware of press reports referred to by the Honourable Member concerning alleged persecution of homosexuals in addition to informal accounts of human rights violations in the Palestinian Territories.

The Commission is concerned by these reports of human rights violations and has, in conjunction with international donors, called on the Palestinian Authority to undertake democratic reforms, to ensure the rule of law, and to respect basic human rights.

The Union is actively participating in the Quartet and the International Task Force on Palestinian Reform, which was established in July 2002 to monitor and support the implementation of Palestinian civil reforms, and to guide the international donor community in its support for the Palestinian's reform agenda. The Task Force is composed of the United States, the Union, the Russian Federation, the United Nations, Norway, Japan, Canada, the World Bank and the International Monetary Fund. It is monitoring progress across key areas such as civil society, public administration and rule of law and recommends further actions to be undertaken by the Palestinian Authority.

The Commission is unaware of the specific situation of homosexuals among UNRWA refugees referred to by the Honourable Member, nor has it received any reports on this matter.

The Commission will continue to monitor progress on reform within the framework of Union bilateral relations with the Palestinian Authority as well as in conjunction with other international donors.

Regarding asylum, the Commission would remind the Honourable Member that assessment of applications for recognition of asylum status is carried out on an individual basis by the competent Member State authorities, and in line with the 1951 Geneva Convention relating to the status of refugees.