European Parliament resolution of 15 March 2007 on Cambodia
Date: 2007-03-15
Institutions: European Parliament
Subjects: Cambodia, fundamental rights, homicide, human rights, judicial power, rule of law

C 301 E/258

Official Journal of the European Union

EN

13.12.2007

Thursday 15 March 2007

F. whereas Vice-President Eduardo Stein has admitted how difficult it is to fight organised crime when it is
deeply entrenched in the public institutions themselves; whereas this case highlights the extent to which
organised crime has penetrated the Guatemalan police, the growth of an atmosphere of impunity, and
the deterioration of public safety, and this points to the need to assume political responsibility,

Expresses its total repudiation of all the murders concerned, and transmits its condolences to the

1.
victims' relatives;

Expects the Guatemalan government to guarantee full independence, liberty and security to the Gua-
2.
temalan judicial authorities in their investigation of these crimes; calls for the full cooperation of the politi-
cal, judicial and police authorities in Guatemala and El Salvador in the investigation of the events;

3.

Urges the Guatemalan Parliament to ratify the setting up CICIG agreement;

4.
Calls on the European Union and the Guatemalan Government to summon the Consultative Group on
Guatemala, involving the major donor countries, in order to support the implementation of the CICIG and
promote a national dialogue against impunity;

5.
Urges the Guatemalan Parliament to ratify the Rome Statute of the International Criminal Court,
adopted on 17 July 1998 and to modify its domestic legislation in line with the obligations derived from
the Rome Statute and other relevant international law;

6.
Calls on the Guatemalan Government to adopt measures to protect the judicial agents, the victims of
crimes against humanity who are seeking justice, the human rights activists, and the witnesses who can help
the trials progress;

7. Welcomes the restructuring and purging of the security forces introduced by the government;

8.
Expresses its support for the Guatemalan people and authorities, in continuing to uphold the rule of
law and foster economic, social and political development, which will contribute to peace and national
reconciliation;

9.
Urges the Commission to strengthen, in its strategy of cooperation with Guatemala for the period
2007 to 2013, the promotion of the rule of law, the fight against impunity, full respect for human rights,
and support for the Guatemalan Government in the capacity building of its security forces on the basis of
respect for human rights;

10.
Stresses that it is absolutely necessary that the authorities in the country where the Parlacen has its
seat should act to ensure the safety and guarantee the physical integrity of the Members of the Parlacen and
its meetings;

Instructs its President to forward this resolution to the Council, the Commission, the governments of

11.
Guatemala, El Salvador and the other countries of Central America, and the Central American Parliament.

P6_TA(2007)0085

Cambodia

European Parliament resolution of 15 March 2007 on Cambodia

The European Parliament,

— having regard to its resolutions of 13 January 2005 (1), 10 March 2005 (2) and 19 January 2006 (3) on
Cambodia and its resolution of 1 December 2005 on the human rights situation in Cambodia, Laos
and Vietnam (4),

(1) OJ C 247 E, 6.10.2005, p. 161.
(2) OJ C 320 E, 15.12.2005, p. 280.
(3) OJ C 287 E, 24.11.2006, p. 334.
(4) OJ C 285 E, 22.11.2006, p. 129.

13.12.2007

EN

Official Journal of the European Union

C 301 E/259

Thursday 15 March 2007

— having regard to the Cooperation Agreement between the European Community and the Kingdom of

Cambodia (1), approved on 4 October 1999,

— having regard to the United Nations Declaration on Human Rights Defenders, adopted on 9 December

1998,

— having regard to the European Union Guidelines on Human Rights Defenders adopted by the Council

on 14 June 2004,

— having regard to the International Covenant on Economic, Social and Cultural Rights and the Interna-
tional Covenant on Civil and Political Rights, both adopted on 16 December 1966, to which Cambodia
is a party,

— having regard to the Agreement between the United Nations and the Royal Government of Cambodia
concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Demo-
cratic Kampuchea of 6 June 2003,

— having regard to Rule 115(5) of its Rules of Procedure,

A. whereas on 24 February 2007 Hy Vuthy, President of the Free Trade Union of Workers in the Kingdom
of Cambodia (FTUWKC) at the Suntex garment factory, was shot dead after finishing his night shift at
the Suntex factory in Phnom Penh's Dangkao district,

B. whereas Chea Vichea, the FTUWKC President, was shot dead on 22 January 2004 and Ros Sovannarith,
the FTUWKC President at the Trinunggal Komara factory, was murdered on 7 May 2004, while other
trade unionists in Cambodia have been victims of serious harassment, intimidation and physical attacks
in the past year,

C. whereas the murder of Chea Vichea has still not been solved; whereas on 28 January 2004 Born
Sammang and Sok Sam Oeun were arrested for the alleged murder of Chea Vichea and later convicted
and sentenced to 20 years' imprisonment despite the lack of any credible evidence against them,

D. whereas Cambodia is a party to the International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights, which provide for the right of everyone to
form trade unions and join the trade union of his or her choice as well as the right of trade unions to
operate freely,

E. whereas the UN Declaration on Human Rights Defenders also enshrines ‘the right, individually and in
association with others, to promote and to strive for the protection and realization of human rights’
(Article 1),

F. whereas it is seriously concerned that the abovementioned cases demonstrate that there is still no
guarantee of the independence and impartiality of the judiciary or of its ability to conduct the trials
of the Khmer Rouge leaders in the specially created court without political interference,

G. whereas the proceedings before the extraordinary chambers in the courts of Cambodia (ECCC) have not
started, because of various disagreements between the Cambodian and the international judicial officers
concerning the draft internal rules for the ECCC,

H.

alarmed by the uncertain legal status in Cambodia of Montagnard refugees from Vietnam,

1.
Condemns the killing of Hy Vuthy and all other acts of violence against trade unionists; urges the
Cambodian authorities to launch an urgent, impartial and effective investigation into the murders of Hy
Vuthy, Chea Vichea, Ros Sovannarith and Yim Ry, to make the findings public and to bring the persons
responsible to justice; calls on the authorities to give Born Sammang and Sok Sam Oeum a prompt retrial
which complies with international standards;

(1) OJ L 269, 19.10.1999, p. 18.

C 301 E/260

Official Journal of the European Union

EN

13.12.2007

Thursday 15 March 2007

Insists that the Cambodian Government must put an end to the prevailing climate of impunity and

2.
effectively apply the law to violators of human rights and civil liberties;

Reminds the Cambodian Government that it must meet its obligations and commitments with regard
3.
to the democratic principles and fundamental human rights which are an essential element of the Coopera-
tion Agreement with the European Community, as defined in Article 1 of that agreement;

4.
Calls on the Cambodian authorities to engage in political and institutional reforms with a view to
building a democratic State governed by the rule of law and founded on respect for fundamental freedoms
and to ensure in all circumstances respect for human rights and fundamental freedoms, in accordance with
international human rights standards and international conventions ratified by Cambodia;

Urges the Cambodian Government to allow the Khmer Rouge Tribunal to start operating without
5.
further delay, in accordance with international standards of judicial independence, fair trial and due legal
process, as agreed with the UN in June 2003;

Supports the efforts of the ECCC Review Committee on the Internal Rules to narrow the differences

6.
on a number of issues in order to move prosecutions and trials forward;

Calls on the Council and the Commission to address the concerns over human rights and the rule of

7.
law in Cambodia in their contacts with the Cambodian Government;

8.
Instructs its President to forward this resolution to the Council, the Commission, the Government and
National Assembly of the Kingdom of Cambodia, the UN Secretary-General, the UN High Commissioner for
Human Rights, the Special Representative of the UN Secretary-General for Human Rights in Cambodia, and
the governments of the ASEAN Member States.

P6_TA(2007)0086

Nigeria

European Parliament resolution of 15 March 2007 on Nigeria

The European Parliament,

— having regard to its previous resolutions on the situation in Nigeria,

— having regard to the international human rights conventions ratified by Nigeria,

— having regard to Rule 115 of the Rules of Procedure,

A. whereas, despite efforts made in recent years by the Nigerian government to promote human rights and
to stem corruption, and, despite some improvements in respect for civil and political rights, a number
of urgent and basic human rights issues remain to be addressed; and whereas the country remains
marred by corruption, arbitrary arrests and torture, extrajudicial killings and political violence,

B. whereas ethnic and religious divisions, as well as widespread poverty, are major causes of chronic

intercommunal violence,

C. whereas Islamic Sharia courts have jurisdiction over criminal cases in 12 of Nigeria's 36 States; whereas
these courts continue to hand down death sentences as well as sentences of flogging and amputation;
whereas, although executions and amputations are no longer being carried out, trials do not conform
to international standards, for instance with regard to the right to a lawyer, and informing the accused
of their rights, and they tend to discriminate against women,