WRITTEN QUESTION E-2652/03 by Emma Bonino (NI), Marco Cappato (NI),Benedetto Della Vedova (NI), Gianfranco Dell'Alba (NI),Olivier Dupuis (NI), Marco Pannella (NI)and Maurizio Turco (NI) to the Council. Infringements of legality in Lebanon.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: EU relations, Lebanon, Union for the Mediterranean, association agreement (EU), human rights, independence of the judiciary, judicial proceedings, legal profession, legality

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In the light of the above, could the Council state:

(cid:1) what initiatives were taken subsequent to the forwarding of the resolution?

(cid:1) whether contacts were established with the Holy See and the Governments of Ireland and Italy and

what the outcome of these was?

(cid:1) whether the European Parliament’s demands concerning those countries with links to the European

Union were formalised, and what the response was to these?

(1) OJ C 21 E, 24.1.2002, p. 353.

Reply

(4 March 2004)

During its meeting of 11/12 June 2003, the Council took note of the resolution mentioned by the

1.
Honourable Parliamentarian in his question.

From a general point of view the Council underlines that Women’s rights and the issue of violence
2.
against women are matters of particular concern to the EU. In line with international human rights
standards and based on the ethical and constitutional principles common to all EU Member States, the EU
consistently calls on governments of third countries to commit themselves to the resolutions and decisions
of UN fora and to apply legislation, measures and programmes aiming at the full enjoyment of the human
rights and fundamental freedoms of women on an equal footing with men. At the 59th session of the UN
Commission on Human Rights (‘CHR’),
this year, all EU Member States
co-sponsored a resolution tabled by Canada entitled ‘Elimination of violence against women’. Moreover, the
Presidency made a speech on behalf of the EU under CHR agenda item 12 in which it highlighted the need
to eliminate all forms of violence against women and girls, and in this regard drew particular attention to
the work of the UN’s Special Rapporteur on violence against women and girls. At the time of answering
this question, another resolution on the issue of violence against women has been tabled, this time by the
Netherlands in the Third Committee of the UN General Assembly, which it is hoped will gain widespread
support.

towards the end of April

(2004/C 78 E/0798)

WRITTEN QUESTION E-2652/03

by Emma Bonino (NI), Marco Cappato (NI),
Benedetto Della Vedova (NI), Gianfranco Dell’Alba (NI),
Olivier Dupuis (NI), Marco Pannella (NI)
and Maurizio Turco (NI) to the Council

(10 September 2003)

Subject: Infringements of legality in Lebanon

Given that:

(cid:1) the lawyer Muhammad Mugraby, aged 64 and a well-known defender of human rights and the

independence of the judiciary, was arrested in Beirut on 8 August 2003;

(cid:1) the disciplinary council of the Beirut Bar Association decided to strike his name off the register for

political reasons on 17 January 2003;

(cid:1) the decision does not become final until

the accused has exhausted all possibilities of appeal
(Articles 553, 563 and 111 of the Lebanese Civil Code and Article 28 of the UN’s Basic Principles on
the Role of Lawyers);

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(cid:1) the appeal lodged by Dr Mugraby against the disciplinary measure is still pending (Appeal No 222/

2003);

(cid:1) the Beirut Bar Association has nevertheless accused him of ‘impersonating a lawyer’;

(cid:1) the judiciary has ordered him to be detained, without having obtained authorisation to prosecute him.

Considering that:

(cid:1) the actions taken against him seem to be politically motivated and designed to hinder his work as an

upholder of the rule of law.

Knowing that:

(cid:1) the Republic of Lebanon is a member of the Euro-Mediterranean Partnership and signatory to the
Final Declaration of the Euro-Mediterranean Ministerial Conference held in Barcelona on 27/28 Nov-
ember 1995, in which the parties undertake to introduce the rule of law and democracy into their
political systems;

(cid:1) relations between the Republic of Lebanon and the European Community are defined in a bilateral
agreement ratified in December 2002, which is based on ‘respect of democratic principles and
fundamental human rights as set out in the Universal Declaration on Human Rights’ (Article 2) and in
Article 59 stresses the importance of the rule of law and the proper functioning of institutions, as well
as an independent judiciary and the correct practice of the legal profession.

Can the Council say:

(cid:1) whether it is aware of the serious infringements that have occurred in the administration of justice in

Lebanon;

(cid:1) whether it does not consider that these infringements are incompatible with the agreements governing
relations between the European Union and the Republic of Lebanon, in view of the provisions of
Articles 2 and 59 of the above-mentioned agreement;

(cid:1) whether it

intends to take any measures in accordance with Article 86(2) of

the EC-Lebanon
Agreement, and if so which, to ensure that respect for the rule of law and correct procedures is re-
established, in accordance with the strategies and commitments which the Commission says it has
adopted in paragraph 6.6. of the Country Strategy Paper for Lebanon 2002-2006, outlining the
Community’s policy for the countries belonging to the Euro-Med partnership?

Reply

(4 March 2004)

The Council shares with the Honourable Members the concerns expressed in their question and is keeping
a close watch on human rights issues in Lebanon. On several occasions approaches have been made to the
Lebanese authorities to raise specific cases.

On 17 June 2002 the European Union signed an Association Agreement with Lebanon, and it is currently
in the process of being ratified by the Member States. The Interim Agreement on trade-related matters,
which was concluded at the same time, entered into force on 1 March 2003. Once the Association
Agreement applies, the possibilities for monitoring human rights issues will be enhanced, on the basis of
Article 2 of the Agreement which stipulates that relations between the Parties will be based on respect for
democratic principles and fundamental human rights as set out in the Universal Declaration of Human
Rights. These issues will then be the subject of an institutionalised political dialogue, which will take place
regularly at all levels. Until the Association Agreement enters into force, the European Union is not able to
invoke Article 86.

The European Union will seek to improve the human rights situation in Lebanon, by establishing a regular
ongoing dialogue with the Lebanese authorities. It is planned to hold a Cooperation Council with Lebanon
in the first half of 2004. On that occasion, the European Union does indeed intend to raise these issues
within the political section of the meeting.