WRITTEN QUESTION E-1346/03 by Ilka Schröder (GUE/NGL) to the Council. Persecution of homosexuals in the Palestinian autonomous areas.
Date: 2003-04-10
Institutions: European Parliament, Provisional data
Subjects: Palestine, admission of aliens, discrimination on the basis of sexual orientation, human rights, political violence, removal, the EU's international role

C 51 E/78

Official Journal of the European Union

EN

26.2.2004

The Council has incorporated the innovations made by Regulation No 1049/2001 in its Rules of
Procedure (2).

Consequently, on the basis of Article 11(4) of Annex II to the Council’s Rules of Procedure, the General
Secretariat may make the provisional agendas of the Council’s preparatory bodies, committees and working
parties available to the public provided they are clearly not covered by any of the exceptions laid down in
Article 4 of Regulation No 1049/2001. This is generally the case for provisional agendas of
the
Article 133 Committee.

The agendas in question are available to the public on the Council’s Internet site (http://ue:eu:int under the
heading ‘Transparency’,
‘Agendas and timetable of meetings’). If necessary they are made available on
request.

(1) OJ L 145, 31.5.2001, p. 43.
(2) Council Decision 2002/682/EC, Euratom (OJ L 230, 28.8.2002, p. 7).

(2004/C 51 E/088)

WRITTEN QUESTION E-1338/03

by Maurizio Turco (NI) and Marco Cappato (NI) to the Council

(9 April 2003)

Subject: Persecution of homosexuals in the Palestinian Authority territories and Israeli expulsions of

Palestinian homosexuals

According to the GLBT Israeli association ‘Aguda’ and the Haaretz newspaper, on 6 March 2003 two gay
Palestinians were tried for being in Israel illegally and consequently expelled to the Palestinian Authority.
On 16 March 2003, another gay Palestinian was put on trial for the same charge and after serving his
sentence he will be expelled to the Gaza Strip. According to information provided by Aguda, homosexuals
in the Palestinian Authority suffer persecution, arrest, injury and torture, at times ending in death, and
many of them are likely to be executed. Until a month ago the authorities in Israel did not arrest and/or
expel these people, but then this policy was changed and the youths were arrested and brought to trial,
and the automatic process of expelling them to the Palestinian Authority began. International human
rights organisations are acting to prevent these expulsions, and notably pleaded with the Israeli Interior
Minister, Mr Avraham Poraz, to use the authority vested in him by Israeli Law to stop the expulsions by
granting temporary residency visas, but Mr Poraz has replied negatively.

Can the Council confirm this information? Is the Council monitoring this issue? Will the Council intervene
with the Israeli authorities and particularly the Interior Minister to express EU concern at the fact that
these expulsions could endanger the lives of gay Palestinians? Will the Council
intervene with the
Palestinian Authority to ensure that fundamental human rights are respected and that persecution against
homosexuals stops?

(2004/C 51 E/089)

WRITTEN QUESTION E-1346/03

by Ilka Schröder (GUE/NGL) to the Council

(10 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,

26.2.2004

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Official Journal of the European Union

C 51 E/79

In the wake of

there have also been two cases in the last three years where people have been specifically accused of
homosexuality.
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 PA-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 Council 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 Council
already taken any measures to bring about a change in this intolerable situation? If not, does the Council
consider that the EU (cid:1) in view of the extent to which it supports the PA (cid:1) has a right to insist on
compliance with human rights obligations by the PA, and must assert this right? If not, would the Council
agree that the EU and its Member States should grant those affected immediate and unlimited asylum? If
not, why not?

Joint answer
to Written Questions E-1338/03 and E-1346/03

(7 October 2003)

The Council cannot confirm the information and has not specifically discussed this matter.

The Council remains concerned to defend the values and principles (cid:1) in particular liberty, democracy,
equality, respect for all human rights, fundamental freedoms and the rule of law (cid:1) on which the European
Union is founded and which govern its relations with its Partners in the Barcelona Process. The
Association Agreement concluded with Israel and the Interim Agreement in place with the PLO/Palestinian
Authority both state in Article 2 that relations are based on respect for democratic principles and
fundamental human rights, which constitute an essential element of the Agreements. The Council, in its
dialogue with Israel and the Palestinian Authority, always stresses these points and will continue to do so.

(2004/C 51 E/090)

WRITTEN QUESTION E-1341/03

by Marco Cappato (NI) to the Council

(9 April 2003)

Subject: Arrest of the Sudanese national Tawfiq Salih Abu Kadouk

On 16 March this year Tawfiq Salih Abu Kadouk, chairman of the Justice Party, was taken from his home
by the Sudanese security forces, who did not offer any explanation at the time of the arrest. The Justice
party is one of the legally recognised opposition parties which are, according to Sudanese law, authorised
to engage in political activity.

Is the Council aware of the arrest?

What steps will
immediately?

it

take to persuade the Sudanese authorities to release Tawfiq Salih Abu Kadouk