WRITTEN QUESTION E-1468/02 by Cecilia Malmström (ELDR)and Olle Schmidt (ELDR) to the Commission. The situation of the media in Poland.
Date: 2002-05-27
Institutions: European Parliament, Provisional data
Subjects: EU relations, Poland, accession to the European Union, control of communications, freedom of opinion, freedom of the press, pluralism in the media, private media

8.5.2003

EN

Official Journal of the European Union

C 110 E/17

On 5 April 2002, the Troika in Asmara discussed the situation of the journalists and pressed the
government to start legal procedures against them or to release them.

A high level Troika visit is envisaged to address the present impasse. The objective of that mission is to
discuss the internal situation in Eritrea as well as the full potential of benefits from the Cotonou
Agreement and the underlying reasons behind its essential elements and values. The consequences of a
further lack of progress on internal
issues for Union-Eritrea relations will be also explained to the
Government.

(2003/C 110 E/017)

WRITTEN QUESTION E-1468/02

by Cecilia Malmström (ELDR)
and Olle Schmidt (ELDR) to the Commission

(27 May 2002)

Subject: The situation of the media in Poland

A new law on media has recently been proposed by the Polish Government which may lead to increased
restrictions on private radio, television and newspapers. The law is due to be passed by the Sejm within a
few months. The political opposition in Poland, as well as the President of
the Polish Republic,
Mr. Kwasniewski, have expressed serious concern about the new law, which is said to be a tool for the
government to regain influence over nationwide media.

the major Polish daily
We have also received alarming information about a specific situation at
‘Rzeczpospolita’.
In February 2002, criminal charges were brought against Mr. Grzegorsz Gauden,
president of Presspublica, the publisher of Rzeczpospolita, for ‘acting to the detriment of the company’.
Mr. Gauden is a dual Polish-Swedish citizen, and thus a citizen of the European Union. Despite this fact, he
has been deprived of his passport and is denied the right to travel outside Poland. The publishing company
has appointed several major international auditing firms to investigate the matter, and they all discredit the
findings of the public prosecutor. Many politicians in Poland fear that the Government’s action is a way to
regain political influence over the Rzeczpospolita newspaper, which was previously a state-owned daily.

Poland, being one of the candidate states soon to enter the European Union, is said to fulfil the political
Copenhagen criteria already at this stage. However, the disturbing situation of the media in Poland, caused
by Government action and the new media law, causes concern. Considering this, we would like to ask the
Commission the following question: What measures will the Commission take within the framework of the
accession negotiations with regard to the new media law and action taken by the government to politicise
the media, which may lead to increased restrictions on private media in Poland?

Answer given by Mr Verheugen on behalf of the Commission

(24 June 2002)

The Commission has in its Regular Report (1) stated that Poland fulfils the political criteria and there are no
major impediments to free speech.

Concerns have, however, been expressed with regard to the draft media law which is currently before the
Polish parliament. In particular, there are many (both in Polish media circles but also more broadly) who
consider that the law, if adopted, will curtail the rights of cross ownership of private media groups: for
example, ownership of a national newspaper will preclude ownership of a national television station while
not placing the same limitations on public media groups.

The Commission has just received a copy of the draft legislation and this is being assessed for compliance
with the acquis by its services. The Commission considers that it is premature, at this stage, to draw any
conclusions regarding a potential breach of the political accession criteria, especially as the law has not yet
been adopted and seems likely to be modified during the ongoing discussions in the Polish parliament. The
Commission is confident that any legislation which is finally adopted will be in conformity with the acquis
and with Poland’s broader international obligations.

C 110 E/18

Official Journal of the European Union

EN

8.5.2003

investigations regarding some Board
Concerns have also been expressed about the ongoing criminal
members of
the Polish
the major Polish daily ‘Rzeczpospolita’, pointing to alleged intentions of
government to regain control of this newspaper, and therefore raising the question of a politicisation of
the media.

Regarding the latter allegations, the Commission is following the situation closely but would recall that the
Union has no competence under the Treaties establishing the European Union to intervene in domestic
criminal matters.

(1) COM(2001) 700 final.

(2003/C 110 E/018)

WRITTEN QUESTION P-1502/02

by Gianfranco Dell’Alba (NI) to the Commission

(22 May 2002)

Subject: Human rights violations in Vietnam

The overall human rights situation in Vietnam remains of great concern. The Government is carrying out a
widespread and systematic campaign to persecute different groups such as political dissidents, religious
leaders and indigenous people, namely the hill tribes of southern Vietnam, also known as the Montagnard.

According to sources in the region, in the province of Gia Lai several people were harassed, raped, beaten
and arbitrarily arrested for having participated in the February 2001 non-violent demonstrations for the
respect of human rights for the Montagnard as well as in the celebration of the 2001 Christmas festivities.

They are 25 men of the Degar tribe and one 18-year-old woman named H’Ngon at Sakari, in Cambodia.
They are from the Cu Se District in the Gia Lai province: Hmen, Pen, Ninh, (Plei Hlu Hamlet); Bu, Tim (Plei
Le An Hamlet); Tim, Dit, (Plei Le Ngol Hamlet); Hmanh (Plei Com Bom Hamlet); Kut, Hlol (Plei Nao
Hamlet); Weh (Plei Bia Tih Hamlet) Hai, Jum, Dun, Tinh (Plei Djrong Hamlet); Dun (Plei Bia Tih Hamlet)
and Ksor Ni from Bon Broai, Ayun Pa district, Gia Lai province. All of the above listed people have been
detained in their own district, except for Mr Ksor Ni who is held incommunicado.

Members of the Degar who report incidents against Vietnamese are habitually thrown into prison. The
Vietnamese know they are easy and available victims because the Government will always apply double
standards.

Whereas Vietnam is a party to the ICCPR, and considering the presence of the EU in the region and its
major contribution to the UN in the region in connection with refugees, development, environment and
drugs issues:

(cid:1) Does the Commission intend to call on Vietnam to open,

in observance with its adherence to
international treaties, the various provinces of the central highlands to international and independent
observers?

(cid:1) Is the Commission planning to send a delegation to visit the region in question?

Answer given by Mr Patten on behalf of the Commission

(25 June 2002)

The Commission’s Delegation in Hanoi, together with the Diplomatic Missions of the Member States,
follows closely the human rights situation in Vietnam and participates in all diplomatic démarches of the
Union to the Government of Vietnam. The first article in the Union-Vietnam Co-operation Agreement,
which was signed with the Government of Vietnam in 1995, states that respect for human rights and
democratic principles is the basis for our co-operation, and human rights issues are discussed with the
Government of Vietnam at the meetings of the Union-Vietnam Joint Commission.