WRITTEN QUESTION E-0691/01 by Alexandros Alavanos (GUE/NGL) to the Council. Situation in the Congo.
Date: 2001-03-14
Institutions: European Parliament, Provisional data
Subjects: Congo, establishment of peace, ethnic conflict, the EU's international role

4.12.2001

EN

Official Journal of the European Communities

C 340 E/69

(2001/C 340 E/080)

WRITTEN QUESTION E-0690/01

by Nelly Maes (Verts/ALE) to the Commission

(8 March 2001)

Subject: Regional autonomy in Romania

The supreme court of Romania has ruled that (cid:145)Pro-Transilvania(cid:146) is an illegal organisation. The Romanian
government(cid:146)s case is that organisations seeking autonomy are a threat to the integrity of the state.

It is clearly not within the sphere of competence of the Commission to contest this judicial interpretation
of the Romanian constitution.

The fact is, however, that Romania (cid:129) as a member of the Council of Europe (cid:129) signed the European
Charter of Regional Autonomy in 1994 and ratified it in 1998 (with the law entering into force on 1 May
1998).

What is the Commission(cid:146)s interpretation of the fact that an international charter of regional autonomy,
signed by a particular country, constitutes a legal argument in that country for persecution on the grounds
that it is a threat to national integrity?

In the context of Romania(cid:146)s accession to the Union, will the Commission demand an explanation of this
obvious legal contradiction from Romania?

If not, will the Commission give other Member States a free hand to limit freedoms laid down in their
constitutions (whether or not on grounds of a threat to national and territorial integrity)?

Answer given by Mr Verheugen on behalf of the Commission

(3 May 2001)

The Commission notes that the Charter to which the Honourable Member refers concerns (cid:145)local self-
government(cid:146) and not (cid:145)regional self-government(cid:146). As stated in the answer to her Written Question E-3957/
00 (1), the Commission(cid:146)s understanding is that it is the call for (cid:145)regional autonomy(cid:146) that formed the basis of
the Romanian Court of Appeal(cid:146)s decision that Pro-Transylvania(cid:146)s articles of establishment are uncon-
stitutional. The principle of local autonomy is enshrined in the Romanian Constitution (Article 119).

Article 4 of the Council of Europe Charter on Local Self-Government sets out the scope of local self-
government (as defined by the Charter) and in its first paragraph notes that (cid:145)the basic powers and
responsibilities of local authorities shall be prescribed by the Constitution or by Statute.(cid:146) While the Council
of Europe remains the appropriate institution to interpret the provisions of this charter, the Commission(cid:146)s
understanding is that this provision confirms that it is appropriate for the Romanian Constitution to
determine the competences of local government.

The Commission also notes that this Charter is not covered by the acquis communautaire and that it has
therefore, no relation to the accession
not been ratified by all Member States. The Charter has,
negotiations.

(1) See page 7.

(2001/C 340 E/081)

WRITTEN QUESTION E-0691/01

by Alexandros Alavanos (GUE/NGL) to the Council

(14 March 2001)

Subject: Situation in the Congo

The new President of the Congo, Joseph Kabila (son of the assassinated President), recently paid a visit to
UN headquarters in New York to assure his officials of his concern to pursue peace and cooperation.
However,
following his first meeting with the President of Rwanda, Paul Kagame, he accused both
Rwanda and Uganda of conducting marauding incursions into his country.

C 340 E/70

Official Journal of the European Communities

EN

4.12.2001

The situation is urgent since the international press reports that racial clashes have already begun on
a limited scale. If the situation is not brought under control as soon as possible, the spread of these clashes
and the killing of civilians which follows will cause incalculable harm.

Only an embargo on the sale of arms can pressure both sides into showing greater maturity and self-
restraint.

What steps will the Council take to secure compliance with the terms of the Treaty of Lusaka and what
pressure can it exert on the warring factions to hold talks with a view to finding a settlement?

(2001/C 340 E/082)

WRITTEN QUESTION E-0772/01

by Juan Naranjo Escobar (PPE-DE) to the Council

(15 March 2001)

Subject: Peace in the Great Lakes region

The war which is afflicting the Great Lakes region, affecting seven countries, has claimed thousands of
victims, with sanguinary clashes between different ethnic groups, tribes and other communities. The region
has been torn apart by these conflicts for years now. However, recent political developments in the
Democratic Republic of Congo since the assassination of Laurent Kabila suggest that the dictator(cid:146)s death
has led to a considerable relaxation of tension in that country.

In the light of these freshly aroused expectations in the RDC following the change of regime, does the
Council consider that the prospects for peace in the region have now improved? Will the EU provide
resources to enable the disarmament plan to succeed and facilitate the reintegration of the rebels? How will
the plan be implemented? Does the Council believe it would be desirable to offer demobilisation incentives
as a core element of the peace process? When does the EU intend to convene a Conference for the
countries of Central Africa with a view to creating the conditions for closer regional cooperation and
constructing new models for cooperation between the developed world and the countries of the region?

Joint answer
to Written Questions E-0691/01 and E-0772/01

(13 July 2001)

The Council has noted with satisfaction the solemn commitments made by the parties in Lusaka on
15 February and in New York on 21 and 22 February, to relaunch the implementation of the Lusaka cease-
fire agreement, which constitutes the consensual basis for peace in the DRC and the region.

The Council has welcomed the adoption of UN Security Council Resolution 1341 approving the updated
concept of operations for MONUC and it has underlined the crucial importance of a rapid deployment of
the MONUC to verify and supervise the disengagement of troops,
in the perspective of a complete,
definitive and unconditional withdrawal of foreign troops from the DRC with the ultimate objective of
restoring sovereignty and territorial integrity of the DRC.

The Council has confirmed the European Union(cid:146)s continued political and material support to the MONUC
and to its contributors.

The Council has underlined the importance of disarming armed groups that operate in and from the
territory of the DRC. It has welcomed the provisions in UN Security Council Resolution 1341, urging the
parties to the conflict to co-operate with the MONUC in the elaboration of a plan for disarmament,
the
demobilisation and reintegration of all armed forces referred to in Annex A, Chapter 9.1 of
Lusaka Agreement. The European Union has expressed its willingness to work with the international
community, in particular the United Nations specialised agencies, on the modalities of such a programme
and it has mandated the European Union(cid:146)s Special Representative to engage in a reflection on how to
pursue this question. Until these reflections have been presented to and discussed by the Council, it is too
early to discuss the implementation and financing of such a programme.