WRITTEN QUESTION E-1114/01 by Carlos Carnero González (PSE) to the Council. Anti-homosexual measures by the Namibian government.
Date: 2001-04-09
Institutions: European Parliament, Provisional data
Subjects: LGBTIQ persons, Namibia, human rights, the EU's international role

C 340 E/174

Official Journal of the European Communities

EN

4.12.2001

diseases, was adopted in 1993 with the main objective to establish at Community level the control
measures to be taken in the event of outbreaks of disease. The aim of this legislation was not necessarily to
eradicate ISA from Community waters, rather to prevent the spread of the disease if present and to
eradicate the agent from infected farms.

(1) OJ L 67, 9.3.2001.

(2001/C 340 E/198)

WRITTEN QUESTION E-1113/01

by Lord Inglewood (PPE-DE) to the Commission

Subject: Geographical restrictions on assisted property purchase

(6 April 2001)

Is it compatible with EU law for a UK local authority to offer grants for the purchase of property to
tenants of condemned public housing, subject to the restriction that assistance will only be provided if the
property to be purchased is located within England or Wales?

Answer given by Mr Solbes Mira on behalf of the Commission

(11 June 2001)

Article 56 (ex Article 73b) of the EC Treaty prohibits all restrictions on capital movements. Capital
movements would include cross border purchases of real estate. According to the jurisprudence of the
Court of Justice restrictions include indirect barriers to conducting operations such that the freedom
granted by the EC Treaty is rendered illusory. The Commission does not consider, however, that the local
authority measures cited by the Honourable Member, involving grants to tenants of condemned public
housing to purchase property within a delimited area of a Member State, are contrary to the freedom most
involved. It is the Commission(cid:146)s understanding that there is no nationality distinction made between
tenants of the condemned public housing involved. Taxation and expenditure policies at national and local
level will generally involve incentives or disincentives to conducting specific operations generally in
specific areas under the jurisdiction of the entity involved in accordance with the principle of subsidiarity
set out in Article 5 (ex Article 3b) of the EC Treaty. Thus, for instance, all
industrial grants provided
nationally or locally will involve establishment of the facility in a delimited area, rather than elsewhere
within the Community, from taxes raised in the same or similar areas. While in this case State aids could
be an issue, there has never been any question of maintaining that national measures, such as these, might
be contrary to EC Treaty freedoms.

(2001/C 340 E/199)

WRITTEN QUESTION E-1114/01

by Carlos Carnero GonzÆlez (PSE) to the Council

(9 April 2001)

Subject: Anti-homosexual measures by the Namibian government

According to recent media reports, the President of Namibia, Sam Nujoma, has given orders to the police
to arrest, imprison and deport all gays and lesbians on the grounds that homosexuality is unconstitutional.

These measures are in violation of the human rights of the citizens of Namibia and contravene the basic
principles of the rule of law, and must, therefore, be considered totally unacceptable by the international
community.

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Official Journal of the European Communities

C 340 E/175

The EU must condemn these decisions of the Namibian government, call for their immediate reversal and
take action to ensure that the fundamental rights of the citizens of Namibia, including their rights of sexual
preference, are respected in full.

In view of the fact that Namibia is a signatory of the Cotonou Agreement and given the Agreement(cid:146)s
provisions concerning respect by the parties for democratic principles and human rights, can the Council
state what urgent action it intends to take to oppose these decisions by the Namibian government and
demand their immediate reversal?

Reply

(16 July 2001)

In reply to the question raised by the Honourable Parliamentarian, the Council can inform him that the EU
has instructed the local Presidency representative to carry out a demarche in Windhoek stating the EU(cid:146)s
concern about threats and verbal attacks against minorities in Namibia. The EU finds such official
statements against minorities,
inter alia against homosexuals, unacceptable and takes them to indicate
worrying signs of intolerance.

The EU finds that these statements and actions contrast with the politics of reconciliation, tolerance,
harmony and unity in diversity adopted by the Government of Namibia after independence and
encourages the Government of Namibia to maintain its respect of human rights.

The EU considers that the offensive statements against minorities in the country damage confidence in
Namibia(cid:146)s future and undermine the Government(cid:146)s laudable efforts to attract foreign investment, develop
the tourist industry and improve the living standards of the Namibian people.

The content of this demarche may subsequently be issued as an EU declaration and once the reactions of
the Namibian government to the demarche are known, the EU will revert to the matter if necessary.

The Council has also taken note of the resolution adopted by the European Parliament at its session on
5 April 2001 in Strasbourg on the rights of homosexual persons in Namibia, which the European
Parliament intends to transmit to the government of Namibia.

(2001/C 340 E/200)

WRITTEN QUESTION E-1123/01

by Cristiana Muscardini (UEN) to the Commission

(6 April 2001)

Subject: RAI and political pluralism

It is a well-known fact that RAI (Radio Televisione Italiana, the Italian radio and television channel) is an
undertaking which has been granted a concession to operate a national public utility. In order to receive its
broadcasts, citizens have to pay a subscription fee. This is not RAI(cid:146)s only source of funds; it also receives
a substantial sum in advertising receipts. However, no distinction is made, as required by the Community
rules, between the advertising revenue and that derived from the subscription fee, which is a state tax.

In view of RAI(cid:146)s position as a public utility, can the Commission answer the following questions:

1. Has this undertaking ever, in the course of its history, received Community funds for any reason?

2.

3.

If so, for what purposes were those funds utilised?

If the funds were for the purpose of making programmes, when were those programmes broadcast?
Are programmes still being broadcast?