WRITTEN QUESTION P-1384/03 by Gian Gobbo (NI) to the Commission. Turkish occupation of Iraqi Kurdistan.
Date: 2003-04-08
Institutions: European Parliament, Provisional data
Subjects: Iraq, Kurdistan question, NATO, Türkiye, accession to the European Union, international security, military occupation, territorial law

C 88 E/28

Official Journal of the European Union

EN

8.4.2004

Through the entry into force of the Treaty of Amsterdam in May 1999, the political criterion defined
2.
at Copenhagen has become enshrined as a constitutional principle in the Treaty on European Union.
Article 6(1) of the consolidated Treaty on European Union stipulates that ‘The Union is founded on the
principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law,
principles which are common to the Member States.’ It is part of the obligations of Member States to
respect these principles.

Respect of these principles can be assured by the political procedure to this effect laid down within
Article 7. It could be set up at the initiative of the Commission, European Parliament or Member States
and includes prevention mechanisms and sanctions facing the Member State responsible.

The freedom of

3.
thought, of expression and information, and of assembly and association, as
guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms
(referred to in Article 6(2) of the Treaty on European Union) and applied through the case law of the
European Court of Human Rights, and as recognised by the Charter of Fundamental Rights of the
European Union, are fundamental rights. Respect for these fundamental rights constitutes an integral part
of
fundamental rights are also, according to the
jurisprudence of the European court of Justice, part of the legal order of the EC. If a Member State does
not respect them when executing rights and duties under the Treaty the Commission could open an
infringement procedure against the Member State in accordance with Article 226 EC.

the Copenhagen political criteria. More generally,

If a Member State were to stop respecting the principles stated in Article 6, paragraph 1, the

4.
Commission would assume its role as laid out in point 2.

In accordance with Article 7 of the Treaty on the European Union, it is up to the Council to decide upon
the measures to be laid down for the Member State incriminated. Suspension of voting rights of the
governmental representative of that Member State in the midst of the Council could be one of these
consequences. These measures cannot lead to this Member State’s exclusion as such a perspective does not
exist within the Union’s institutional system.

The reply to this last question ensues from the response given to the Honourable Member under

5.
questions 2 and 4.

(2004/C 88 E/0030)

WRITTEN QUESTION P-1384/03

by Gian Gobbo (NI) to the Commission

(8 April 2003)

Subject: Turkish occupation of Iraqi Kurdistan

Following the outbreak of war in Iraq, Turkey has announced its intention of sending troops to occupy a
20-kilometre zone inside Iraqi Kurdistan, which enjoys semi-autonomous status. The NATO authorities
have agreed to this decision. This military occupation (cid:1) ostensibly on humanitarian grounds (cid:1) is opposed
by the Kurdish population and its political representatives, who have clearly rejected it on several
occasions and plan to use armed resistance.

What is the Commission’s position on what is yet another show of force by Turkey?

Could the presence of Turkish troops in Kurdistan not be a prelude to an annexation of territory there?

Does the Commission not think that such behaviour on the part of Turkey is incompatible with its status
of an applicant country for accession to the EU?

8.4.2004

EN

Official Journal of the European Union

C 88 E/29

Answer given by Mr Patten on behalf of the Commission

(21 May 2003)

The European Council has committed the Union to the territorial integrity of Iraq and respect for the
rights of all Iraqis including those of its minorities. Furthermore, it called on all countries of the region to
refrain from actions that could lead to further instability.
In this respect, any unilateral Turkish
intervention in Iraq would have to be considered in the context of Turkey’s candidate status for EU
accession.

The Commission is aware that Turkey has confirmed its commitment to the territorial integrity of Iraq and
that the Turkish Parliament had authorised the possible deployment of troops in northern Iraq, in order to
defend against attack on its territory, refugees influx and terrorist activities from PKK-KADEK. On 10 April
the United States Secretary of State Colin Powell and Foreign Minister Abdullah Gul agreed that the United
States would ensure the Iraqi Kurds did not take control of Kirkuk while Turkey could send a small group
of monitors, to help prevent conflict. This arrangement was proposed as a means to contribute to the
overall stability of the situation.

(2004/C 88 E/0031)

WRITTEN QUESTION E-1414/03

by Graham Watson (ELDR) to the Commission

(23 April 2003)

Subject: Burma refugee acceptance into Thailand

What action is the European Commission taking to urge the Thai authorities to continue to accept
refugees from Burma and not refuse them entry into Thailand or forcibly repatriate them?

Answer given by Mr Patten on behalf of the Commission

(22 May 2003)

The Thai authorities have, for a number of years now, been providing shelter to about 130 000 displaced
people from Burma/Myanmar, mainly of ethnic minority origin, in camps near the Thai-Burmese border.

The Community provides significant financial support for the maintenance of these refugee camps,
through European non-governmental organisations (NGOs). Its assistance predominantly takes the form of
provision of food and basic goods, as well as medical assistance and training.
In recent years, the
Community has allocated approximately EUR 7 to 7,5 million per year to these activities.

As the single most important donor in the international community, the Commission holds an open
dialogue with the Thai authorities on all questions relating to the latter’s acceptance and treatment of
refugees.

terms,

the Commission expects Thailand to honour

In general
to international
humanitarian standards in dealing with refugees from Burma/Myanmar. This implies the admission of
Burmese refugees into Thai territory, full co-operation with the United Nations High Commission for
Refugees (UNHCR), and repatriation of refugees only on a voluntary basis and conditional on the
improvement of the situation in Burma/Myanmar.

its commitment

The Commission has in the past and again recently expressed to the Thai administration its concerns about
reports concerning the refusal of registration of new Burmese refugees, as well as forced repatriation.

The Commission’s Delegation in Thailand will continue to monitor the situation in co-ordination with the
representatives of the Member States and will recommend possible further actions as appropriate.