European Parliament resolution of 26 April 2007 on the Annual Report on Human Rights in the World 2006 and the EU's policy on the matter (2007/2020(INI))
Date: 2007-04-26
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: aid programme, charter on human rights, children's rights, death penalty, human rights, report, the EU's international role, torture

20.3.2008

EN

Official Journal of the European Union

C 74 E/753

3.
Points out that the Parliament, the Council, the Commission and the consultative bodies of the EU
overwhelmingly support the clear mandate given to the Vice-President of the Commission responsible for
the Galileo Programme to submit to the June 2007 Council, in particular:

Thursday 26 April 2007

(a)

a credible roadmap for concluding contracts as soon as possible,

(b) possible solutions for meeting the long-term financial obligations,

(c)

a scenario for the earliest possible provision of EGNOS satellite navigation services,

(d) alternative scenarios for the realisation of the programme, especially for costs, risk and affordability;

4.
Calls on the Commission to speed up the legislative process related to the regulated market, based on
the Commission's Green Paper on Satellite Navigation Applications, in order to ensure a credible business
plan;

Calls on the Commission to make a proposal — together with the European Space Agency — capable
5.
of solving the problem of better public governance by ensuring clear political responsibility and leadership
on the part of the Commission;

6.
Calls on the Commission, given the Community character of the project, to respect the Framework
Agreement on relations between the European Parliament and the Commission (1) and, in particular, para-
graph 19 on external relations, and thus to ensure that Parliament is fully informed of the implementation
of the Council's decision authorising the Commission to negotiate with third countries with a view to
concluding agreements on their associate membership for participation in the Galileo Supervisory Auth-
ority;

7.
Calls on the Commission to submit to it one progress report by mid-July 2007 and another well
before the negotiations reach the point of a revised proposal for a modified legal base for financing the
Galileo Programme being made available;

8.

Calls on the Council to ensure that any further delays to this project are kept to a minimum;

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

9.
and parliaments of the Member States.

(1) See the Annex to Parliament's Decision of 26 May 2005 (OJ C 117 E, 18.5.2006, p. 125).

P6_TA(2007)0165

Human rights in the world 2006 and the EU's policy on the matter

European Parliament resolution of 26 April 2007 on the Annual Report on Human Rights in the
World 2006 and the EU's policy on the matter (2007/2020(INI))

The European Parliament,

— having regard to the eighth EU Annual Report on Human Rights (2006) (1),

— having regard to Articles 3, 6, 11, 13 and 19 of the Treaty on European Union and Articles 177 and

300 of the EC Treaty,

(1) Council document 13522/1/2006.

C 74 E/754

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

— having regard to the Universal Declaration of Human Rights and to all relevant international human

rights instruments (1),

— having regard to the United Nations Charter,

— having regard to all UN human rights conventions and their optional protocols,

— having regard to the entry into force on 1 July 2002 of the Rome Statute of the International Criminal

Court (ICC) and to its resolutions related to the ICC (2),

— having regard to the Council of Europe Convention on Action against Trafficking in Human Beings and
the 2005 EU plan on best practices, standards and procedures for combating and preventing trafficking
in human beings (3);

— having regard to Protocol No. 13 to the European Convention for the Protection of Human Rights and
Fundamental Freedoms (ECHR), concerning the abolition of the death penalty in all circumstances,

— having regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrad-

ing Treatment or Punishment,

— having regard to the Charter of Fundamental Rights of the European Union (4),

— having regard to the ACP-EU Partnership Agreement and its revision (5),

— having regard to its previous resolutions on human rights in the world,

— having regard to its resolution of 16 March 2006 on the outcome of the negotiations on the Human

Rights Council and on the 62nd session of the UNCHR (6),

— having regard to its resolution of 14 February 2006 on the human rights and democracy clause in

European Union agreements (7),

— having regard to its resolution of 1 February 2007 on the initiative in favour of a universal moratorium

on the death penalty (8),

— having regard to all urgency resolutions adopted by it on cases of breaches of human rights, democracy

and the rule of law,

— having regard to its resolution of 18 January 2007 on the Council's Seventh and Eighth Annual
the European Union Code of Conduct on Arms

Reports according to Operative Provision 8 of
Exports (9),

(1)

For all relevant basic texts, please consult the table in Annex III to report A6-0128/2007 of the Committee on
Foreign Affairs.

(2) OJ C 379, 7.12.1998, p. 265; OJ C 262, 18.9.2001, p. 262; OJ C 293 E, 28.11.2002, p. 88; OJ C 271 E,

12.11.2003, p. 576.

(3) OJ C 311, 9.12.2005, p. 1.
(4) OJ C 364, 18.12.2000, p. 1.
(5) OJ L 317, 15.12.2000, p. 3; OJ L 209, 11.8.2005, p. 27.
(6) OJ C 291 E, 30.11.2006, p. 409.
(7) OJ C 290 E, 29.11.2006, p. 107.
(8) Texts Adopted, P6_TA(2007)0018.
(9) Texts Adopted, P6_TA(2007)0008.

20.3.2008

EN

Official Journal of the European Union

C 74 E/755

Thursday 26 April 2007

— having regard to Regulation (EC) No 1889/2006 of the European Parliament and of the Council of
20 December 2006 on establishing a financing instrument for the promotion of democracy and
human rights worldwide (1),

— having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European

Union Agency for Fundamental Rights (2),

— having regard to the conclusions of the EU Annual Forum on Human Rights, organised by the Finnish

Presidency and the Commission and held in Helsinki in December 2006,

— having regard to the Convention on the Rights of Persons with Disabilities, adopted by UN General
Assembly resolution A/RES/61/106 on 13 December 2006, which lays down an obligation to incorpo-
rate the interests and concerns of persons with disabilities in human rights actions towards third coun-
tries,

— having regard to the International Convention for the Protection of All Persons from Enforced Disap-
pearance, adopted by General Assembly resolution A/RES/61/177 on 20 December 2006 and opened
for signature on 6 February 2007,

— having regard to the European Union Guidelines on promoting compliance with international humani-

tarian law (IHL) (3),

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Foreign Affairs (A6-0128/2007),

A. whereas the Council and Commission's EU Annual Report on Human Rights 2006 provides a general
overview of the activities of the European Union institutions regarding human rights inside and outside
the EU,

B. whereas this resolution sets out to examine, evaluate and, in specific cases, offer constructive criticism
of the human rights activities of the Commission and the Council and of the overall activities of
Parliament, in particular by drawing attention to issues neglected in those activities,

C. whereas it should be acknowledged that there is a link between the EU's internal and external policies
on the basis that the EU's internal human rights record has a direct impact on its credibility and ability
to implement an effective external policy,

D. whereas respect for human rights and a democratic system of governance are necessarily interrelated,
and whereas the promotion of human rights should be linked to the promotion and application of
democratic governance,

E. whereas efforts must be made in general to focus greater attention on respect for fundamental human
in negotiating bilateral or regional trade agreements even with

in particular political rights,

rights,
important trading partners;

1. Welcomes the fact that the EU is playing an increasingly active role on the world stage to improve
human rights and democracy globally; considers that the most recent enlargement of the EU to 27 Member
States with 494 million inhabitants has increased the global importance of the EU and has thus given it
greater weight in its efforts to promote human rights and democracy internationally;

(1) OJ L 386, 29.12.2006, p. 1.
(2) OJ L 53, 22.2.2007, p. 1.
(3) OJ C 327, 23.12.2005, p. 4.

C 74 E/756

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

2.
Considers that greater priority needs to be given to improving the ability of the EU to respond to
human rights breaches by third countries, not least by mainstreaming human rights policy with respect to
EU policies vis-à-vis such countries, including the external impact of EU internal policies;

3.
Continues to emphasise the need for a consistent policy implemented by all EU Member States in their
bilateral relations with third countries where human rights are frequently violated or where there is a
genuine risk that they may be, and calls upon Member States to conduct their bilateral contacts with those
countries in a manner consistent with EU policy, particularly as regards active efforts to ensure respect for
human rights;

Takes the view that a consistent European foreign policy must give absolute priority to promoting

4.
democracy, given that democratic society is the basis for upholding human rights;

5.
Considers that the progress made in setting up the European Union Agency for Fundamental Rights
represents a first step in responding to Parliament's call for the establishment of an integrated framework of
rules and institutions designed to confer binding force on the Charter of Fundamental Rights and to ensure
compliance with the system provided for in the ECHR; underlines the fact that the mandate of the Agency
also covers those countries which have concluded a Stabilisation and Association Agreement with the EU;
believes that the Agency should have the competence to play a role in assisting the EU in the implementa-
tion of its external policies, when these require an assessment of the situation in a third country with
respect to human rights;

The EU Annual Report on Human Rights in the World 2006 (drawn up by the Council and the Com-
mission)

Underlines the importance of the EU Annual Report on Human Rights in analysing and evaluating the

6.
EU's human rights policy, notably with a view to raising the visibility of human rights issues in general;

7. Welcomes the public presentation of the 2006 Report by the Council and the Commission at the
December 2006 plenary, in parallel with Parliament's award of its annual Sakharov Prize for Freedom of
Thought to Mr Aliaksandr Milinkevich, the freedom and democracy campaigner from Belarus; considers
that, by establishing this practice, the December European Parliament plenary session has become an annual
focal point for the EU's activities on human rights;

8.
Recognises the volume of EU human rights-related activities in different parts of the world, but reiter-
ates its call for increased assessment of the use of EU instruments and initiatives in third countries; wel-
comes the evaluations mentioned in the report by the Council and the Commission; considers that a
mechanism should be developed enabling Members of Parliament to receive evaluations carried out in
specific subject areas, such as individual countries, groups of countries and geographic areas, but, first and
foremost, regarding specific human rights problem areas; considers that such a mechanism should enable
Parliament to discuss the outcome of those evaluations within the most appropriate framework;

9.
Underscores the importance of ongoing efforts to promote the mainstreaming of human rights and
democracy and the coherence and consistency of the policies and actions of the Council, the Commission,
the European Parliament and the Member States of the EU in the field of human rights and democracy;

Regards it as a positive development that the report endeavours to do justice to the activities of the
10.
European Parliament, but reiterates its request, included in the 2006 Parliament resolution on human rights,
that future Presidencies report in the EU Annual Reports on the ways in which Parliament's resolutions —
including urgency resolutions on cases of breaches of human rights, democracy and the rule of law — have
been taken into account by the Council and the Commission; notes with satisfaction the developments
mentioned in paragraph 13 below;

20.3.2008

EN

Official Journal of the European Union

C 74 E/757

Thursday 26 April 2007

11.
Reiterates that, in their future Annual Reports on Human Rights, the Council and the Commission
should analyse the ways in which human rights are dealt with in other EU policies, such as the Common
Foreign and Security Policy, the policies on development and trade and immigration, and other relevant
policies relating to the EU's external relations, in particular within the Council's working groups and in
specific mechanisms established in cooperation agreements; considers that they should also take note of
decisions made by the European Court of Human Rights;

Calls on the Council and the Commission to consider adopting the approach taken by governments
12.
of some Member States and by certain international non-governmental organisations (NGOs), and thus to
identify an overall list of ‘countries of particular concern’ with respect to human rights violations in the
context of their Annual Report each year;

13.
Understands that, especially in the area of human rights, EU activities such as demarches to third
countries must sometimes be confidential; however, believes that a list of those activities should be included
in the Annual Report while allowing some scope for bilateral diplomatic contacts with governments in full
confidentiality;

14. Welcomes the increased consultation with the European Parliament and moves towards the drafting
of an EU Annual Report that represents the activities of the Council, the Commission and the European
Parliament, while taking the view that Parliament must continue to issue its own report on this matter;
considers in this context that in the future an open discussion at draft stage in Committee would give
Parliament an opportunity to improve the accuracy and content of the report;

Council and Commission activities in the area of human rights in international fora

15.
Pays tribute to the excellent work of the outgoing Personal Representative of the Secretary-General/
High Representative on Human Rights in the area of the Common Foreign and Security Policy (CFSP),
Mr Michael Matthiessen, during 2006; continues to support the newly appointed Personal Representative,
Mrs Riina Kionka, in her efforts to increase the visibility and strengthen the role of the EU in international
human rights fora; expects that the High Representative, the Council and all Member State representatives
will fully support her work at all times;

16.
Considers that the EU's capacity to prevent, respond to and manage crises is insufficient at present;
recommends that a new infrastructure be put in place for the prevention and management of civil conflicts
requiring proactive/preventive measures, the provision of suitable civilian early warning systems, the intro-
duction of preventive contingency planning, the training of specialised personnel for international conflict
management missions and greater concentration on promoting societies that are structurally capable of
living in peace; stresses the importance of carefully considering human rights aspects in connection with
the planning of preventive and conflict-management measures in relation to each crisis with which the EU
is involved;

17.
Requests the Commission to encourage EU Member States to sign up to, and ratify, all core UN and
Council of Europe human rights conventions and the optional protocols thereto; draws the attention of EU
Member States to, in particular, the need to ratify the 1990 International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families and the newly adopted International
Convention for the Protection of All Persons from Enforced Disappearance;

18.
Recognises the active involvement of the EU and its Member States with respect to human rights and
democracy issues in a variety of international fora in 2006, including the newly established UN Human
Rights Council (UNHRC), the UN General Assembly, the Ministerial Council of the Organization for Security
and Cooperation in Europe (OSCE) and the Council of Europe;

C 74 E/758

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

19. Welcomes the Council's intention to strengthen the relationship between the European Union and
the Council of Europe; to that end, calls on the Council and the Commission to take into account the
recommendations set out in the Juncker report of 11 April 2006 entitled ‘Council of Europe-European
Union: a sole ambition for the European continent’;

20.
Notes that the new UNHRC has the potential to develop into a valuable framework for the EU's
multilateral human rights efforts and recognises that, in its first year of existence, the UNHRC set an ambi-
tious working programme which includes reviewing and maintaining of the system of Special Procedures,
the establishment and implementation of the Universal Periodic Review to which all states will be subject,
the definition of its working methods and the promotion and protection of human rights, especially where
those rights have been violated or are at risk; regrets, however, that the new UNHRC has proven to be
ineffectual in responding appropriately to human rights crises around the world due to the use of the
UNHRC by many states as a forum for political pressure instead of the promotion of human rights; calls
on the EU institutions and EU Member States to play a more active role in the UNHRC within the frame-
work of the community of democracies, in order to strengthen and deepen democratic norms and practices
worldwide;

21.
Calls on EU Foreign Ministers and Presidencies to use their political influence to work towards tack-
ling the difficulties encountered by the new UNHRC; affirms the need for a clear political agenda as regards
action by Member States within the UNHRC; stresses that the UNHRC must no longer be used as a political
forum for conflict between different geographical and ideological blocs globally; therefore urges EU Foreign
Ministers and Presidencies to work towards building a consensus within the UNHRC in favour of greater
involvement on the part of the international community in contributing to the resolution of serious human
rights and humanitarian abuses;

22.
Reiterates its call for a wide-ranging human rights agreement between the parties to the conflict in
Sri Lanka and its facilitation by an effective, independent international monitoring mission, with unhindered
access to areas controlled both by the government and by the Liberation Tigers of Tamil Eelam, as recom-
mended by the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Mr Philip Alston;
considers that the European Union, as Co-Chair of the Tokyo Donor Conference, should take the lead in
developing a consensus on the proposals submitted to the UNHRC in this regard;

23.
Recognises the need for the EU to make more effective use of its leverage in order to promote
important issues on the agenda of the UNHRC and to better fine-tune its lobbying and outreach activities;

24.
Reminds the Council of its above-mentioned resolution of 16 March 2006, which welcomed the
establishment of the UNHRC and called on the EU to play a pioneering role within that institution; wel-
comes, in this context, the setting-up of a mechanism aimed at holding special sessions to respond to urgent
crises and human rights violations; is concerned, however, about the already high degree of politicisation of
UNHRC special sessions; calls for the retention and protection of the independence of the Special Proce-
dures; welcomes the creation of a universal periodic review mechanism and calls in this regard for an
evaluation process based on the implementation of
the recommendations made by UN independent
mechanisms; encourages the involvement of independent civil society where appropriate, and recognises
the value of the involvement of victims of human rights violations in an interactive dialogue with the
international community, especially in cases where people cannot express their opinions in their own coun-
tries; calls on EU members of the UNHRC to explain their votes on all resolutions;

Underlines the positive role that Special Rapporteurs can play in the UNHRC structure, and calls for
25.
continued support for such special procedures; recognises, however, that, if Special Rapporteurs are to be
effective, they need to be properly financed and staffed; underlines that their independence should be pre-
served;

26.
Urges Member States, in their bilateral dealings with UNHRC members, to push the agenda of the
UNHRC in a positive direction; recognises that Parliament and the EU must continue to forge alliances
outside Geneva, particularly with influential states; considers that Parliament needs to continue to attend
UNHRC meetings on a regular basis;

20.3.2008

EN

Official Journal of the European Union

C 74 E/759

Thursday 26 April 2007

27.
Expresses its disappointment at the weakness of the UNHRC resolution on Darfur; considers that the
Darfur conflict is increasingly affecting the stability of the Central African region and constitutes a threat to
international peace and security; deplores the fact that the UNHRC delegation was prevented from entering
Sudan by not being granted visas by the authorities; considers that immediately halting the spread of vio-
lence and protecting the people of Darfur must remain the highest priority for the international community;
recognises also that long-term security can only be guaranteed with a political settlement of disputes in the
region; urges both the Council and the Commission to work within the UNHRC towards the establishment
of a comprehensive peace strategy involving all parties; urges the European Union and Member States to
make more effective use of their leverage at UNHRC level and for the UNHRC to adopt appropriate and
strong measures to respond to the humanitarian catastrophe in Darfur, following the report of the special
UNHRC mission;

Expresses its concern at the difficulties experienced by EU Member States in reaching agreement with
28.
the Organization of the Islamic Conference on a series of UNHRC resolutions; considers that the continuing
unresolved Israeli-Palestinian conflict is a major stumbling block to positive cooperation;

29.
Expresses its concern at the effect on the ordinary Palestinian people of the EU decision to suspend
the provision of aid through the Palestinian Authority, as a result of the failure of the Authority to fulfil
legitimate conditions; urges expansion of the temporary international mechanism and urges the Council and
the Commission to monitor changing circumstances closely and to encourage circumstances that would
allow for the resumption of the provision of aid through the Authority;

Encourages EU members of the UNHRC to examine how they might make more effective use of their

30.
debating time;

31.
Is concerned that, despite the fact that the Council's Working Party on Human Rights (COHOM) has
increased the number of meetings it holds, more time and resources are required to achieve EU goals at
UNHRC level; calls on Member States and the Commission to strengthen available human resources in
Geneva;

Urges Member States not to support as candidates for positions of responsibility in international fora
32.
countries which have been shown to commit gross and systematic human rights and democracy violations;
calls on Member States to enter into negotiations with like-minded influential states aimed at blocking the
election of such countries to such positions; supports the call for all candidate countries to be required to
cooperate with Special Procedures and other mechanisms set up by the UNHRC; in this respect, calls once
again on Member States to express support for membership criteria which would link accession to the
UNHRC to the obligation for Member States to issue a standing invitation to UN mechanisms;

Encourages the Council to use targeted sanctions, as introduced against the Belarusian regime, to

33.
penalise persons particularly responsible for violations of human rights in other countries;

Reiterates its request to the Council to explain how it was possible for Belarus to be elected onto the
34.
Governing Body of the International Labour Organization (ILO) in June 2005 when four major EU coun-
tries are permanent members of that Governing Body; asks the Council to explain its diplomatic demarches
prior to that election and whether it considered opposing Belarus' membership;

35.
Notes with concern that in October 2006 a report of a UN group of experts concluded that conflict
diamonds from Côte d'Ivoire were infiltrating the legitimate diamond trade through Ghana, a Kimberley
Process participant; calls on the Commission to use its position, as Chair of the Kimberley Process through-
out 2007, to strengthen the mechanisms designed to stem the flow of conflict diamonds; recommends that
the Commission work towards building a consensus requiring all sectors of the diamond trade to implement
systems which track diamonds from the mines to the retailer, to have responsible and transparent policies in
place with warranties verified by an independent auditor and to improve the accuracy of the rough diamond
trade statistics so that effective analyses may be produced quickly enough to detect any trade in conflict
diamonds;

C 74 E/760

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

36.
Calls on the Council and the Commission to uphold the Oslo Declaration on Cluster Munitions of
23 February 2007, signed by 46 countries, which seeks the conclusion by 2008 of an international treaty
prohibiting the production, use, transfer or storage of cluster bombs in accordance with the principles of
international humanitarian law; calls on the Council and the Commission to take action at European Union
level to ensure that the various Member States follow the example of Austria and Belgium in banning cluster
bombs and at international level to ensure that those countries which have not yet signed the Oslo Declara-
tion now do so;

37.
Calls on the Council and the Commission to continue their vigorous efforts to promote the universal
ratification of the Rome Statute and the adoption of the necessary national implementing legislation, in
conformity with Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal
Court (1) and the related Action Plan of 4 February 2004; welcomes the fact that Chad recently ratified the
Rome Statute, thereby bringing the total number of states parties to 104 as at 1 January 2007; urges the
Czech Republic, as the only remaining EU Member State not to have ratified the Rome Statute, to do so
without delay; in the same spirit, calls on the Council and the Commission to encourage third countries to
promote transitional justice mechanisms on their territory as a step towards securing justice for the victims
of grave violations of human rights;

38. Welcomes the fact that references to the ICC have been included in several new European Neighbour-
hood Action Plans (relating to Egypt, Jordan, Moldova, Armenia, Azerbaijan, Georgia, Lebanon and Ukraine)
and are being negotiated in the context of other new Action Plans as well as Partnership and Cooperation
Agreements with several countries; fully supports the Commission's financing, via the European Instrument
for Democracy and Human Rights (EIDHR), of the work of, inter alia, the Coalition for the International
Criminal Court, of No Peace Without Justice, of the International Federation for Human Rights and of
Parliamentarians for Global Action to promote the ratification and implementation of the Rome Statute;

39.
Recognises the importance that ratification of the Rome Statute by the United States would have
from a global perspective; calls once again on the Council and the Commission to use all available mechan-
isms to encourage the US to sign and ratify the Rome Statute and also to express strong disapproval of US
efforts to actively prevent other countries from ratifying the Statute and from proposing to third countries
parallel agreements such as bilateral exemption treaties;

Urges all Member States to collaborate fully in international criminal justice mechanisms, and espe-

40.
cially in bringing fugitives to justice;

Urges all Member States to contribute actively to ad hoc international judicial mechanisms, particu-

41.
larly those receiving voluntary funding;

42.
Stresses that the above-mentioned transitional judicial mechanisms must never deviate from respect
for human rights and the rule of law, this being the only means of ensuring justice for victims and pre-
venting continued impunity for the most serious human rights violations;

Performance regarding the EU Human Rights Guidelines

43.
Appreciates the ongoing efforts to implement the methods and policy priorities outlined in the five
EU guidelines on human rights as well as the production of impact assessments for each of those guidelines,
weighing up their effectiveness in forging change in third countries; is concerned at regular reports that the
embassies of EU Member States in third countries and EU missions have little or no knowledge of the
guidelines;

(1) OJ L 150, 18.6.2003, p. 67.

20.3.2008

EN

Official Journal of the European Union

C 74 E/761

Thursday 26 April 2007

44.
Asks the Commission to ensure that all its staff, in particular those working in the field of develop-
ment policy, are sufficiently aware of the human rights guidelines; recognises the need for greater transpar-
ency regarding the way in which the different guidelines are operated, including feedback on individual cases
and information on action taken by NGOs; calls for regular and transparent evaluations of the implementa-
tion of the EU guidelines involving Parliament, so as to allow it to play an active role in accountability;

45.
Commends the German Presidency's commitment to establish EU human rights guidelines on the
rights of the child; encourages it to consult Parliament, the Commission and civil society on the detail of
such guidelines and, if necessary, to coordinate with the future Portuguese Presidency in order to complete
the introduction of those guidelines, which should aim at the effective elimination of child labour, focusing
principally on teaching and educating children, this being one of the Millennium Development Goals;

Notes that the EU guidelines relate to different countries in different ways and that individual plans

46.
to implement the guidelines are required in different circumstances;

Notes the responsibility of EU Special Representatives and EU missions abroad in promoting the EU
47.
guidelines; encourages a more proactive approach to promoting the guidelines at all levels; underlines the
resource and personnel problem within EU missions in third countries concerning guideline awareness,
monitoring and implementation; calls on the Member State representations in third countries and the Com-
mission delegations to coordinate more effectively, sharing structures and staff so as to create genuine
‘European Union embassies’ throughout the world and thereby assume responsibilities in the field of
human rights;

Death penalty

Urges Presidencies to continue the approach of promoting the abolition of the death penalty by

48.
prioritising a specific number of countries where there are prospects for a positive change in policy;

49.
Encourages Presidencies to disclose which countries they intend to target in the context of the EU
guidelines on the death penalty under the so-called ‘countries on the cusp’ campaign aimed at states whose
policy on the death penalty is in flux; encourages the Council and the Commission to seek greater support
for moves by the current UN General Assembly to achieve a universal moratorium on capital punishment
leading to its total abolition, including sentencing; urges the Council to update the guidelines, which date
back to 1998, so that new elements and strategies which have developed since then can be taken into
consideration;

50.
Suggests that the Council undertake a review of the guidelines and that this review could provide for
the EU to intervene with regard to individual cases of particular concern which do not fall under UN
minimum standards as provided for in the guidelines;

51.
Calls on the Presidency to encourage those remaining countries which have not signed up to and
ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) to
do so, as well as those Member States that have not signed Protocol No. 13 to the ECHR concerning the
abolition of the death penalty in all circumstances (1); recognises, in that regard, that the guidelines on the
death penalty could be implemented more coherently if Member States were to sign up to and ratify such
protocols and conventions;

52. Welcomes the organisation in Paris (1-3 February 2007) of the third World Congress against the
Death Penalty and associates itself with its final declaration; intends to follow up on the Congress, notably
by developing the parliamentary dimension of the global campaign against the death penalty and raising the
matter through its inter-parliamentary delegations and participations in joint parliamentary assemblies; calls
on the Council and the Commission to take every possible opportunity to support the establishment of
regional abolitionist coalitions, with a special focus on Arab countries;

(1) As at 7 February 2007, France, Italy, Latvia, Poland and Spain had signed but not ratified Protocol No. 13.

C 74 E/762

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

53. Welcomes — as a good example of the effective use of the EU guidelines on the death penalty — the
coordinated and public reaction of EU representations in Peru to the proposals to extend the death penalty
in that country in violation of the Peruvian constitution and the American Convention on Human Rights;

Applauds the coordinated, effective action — both public and diplomatic — of the European Parlia-
54.
ment, the Commission, concerned Member States and NGOs to secure the sovereign decision of the Pre-
sident of Pakistan to commute the death sentence imposed on, and ultimately release, Mirza Tahir Hussain, a
British national who had served 18 years on death row in Pakistan; urges the EU to continue to raise
individual cases under the death penalty guidelines and recommends that the Council and the Commission
make effective use of the parliamentary dimension in this regard, having recourse, in particular, to timely
and useful interventions by inter-parliamentary delegations;

Torture and other cruel, inhumane or degrading treatment

55. Welcomes the entry into force on 22 June 2006 of the Optional Protocol to the Convention Against
Torture (OPCAT); notes that only 19 EU Member States have so far signed and only 9 ratified the Proto-
col (1); urges all EU Member States which have not so far signed and ratified the OPCAT to do so in the
coming year;

56. Welcomes the launch of
Enforced Disappearance; asks all EU Member States to sign and ratify it promptly;

the International Convention for the Protection of All Persons from

Recommends that the EU continue to raise individual cases of torture under the torture guidelines in

57.
the same way as it has done with death penalty cases under the death penalty guideline;

58.
Approves of the Council's decision to make the terms of certain demarches public, and recognises
this step as progress towards greater transparency; asks the Council and the Commission to take into
particular consideration the conclusions and recommendations of Parliament's study concerning implemen-
tation of the EU guidelines on torture and other cruel, inhuman or degrading treatment or punishment;

59.
Underlines that, although those guidelines were adopted as long ago as 2001, the use of political
dialogues, declarations and demarches in relation to the actual practice of torture has been minimal;
encourages future Presidencies to carry out an assessment, evaluation and planning for the torture guide-
lines; calls on the Council to take into consideration the recommendations provided by the study on this
matter requested by its Subcommittee on Human Rights within the Foreign Affairs Committee in the future
process of evaluation of those guidelines; encourages the EU to broaden the scope of implementation, in
particular by developing a procedure to identify and demarche on individual cases in selected countries;

60.
Recommends to the German and Portuguese Presidencies that they continue the series of demarches
on torture when and where relevant; underlines nevertheless that demarches alone are not enough and that
other complementary actions should be carried out consistently and after thorough analysis of local situa-
tions, for example by strengthening relations with civil society groups working in the field of torture and ill-
treatment, considering efficient ways to address individual cases of torture and ill-treatment in addition to
those involving well-known human rights defenders and ensuring the coherence and continuity of action of
EU missions committed to fighting torture and ill-treatment in third countries;

61.
Emphasises that the regular presence of the Presidency or the Council Secretariat in the relevant UN
Committees as well as further cooperation with the Council of Europe and its Committee for the Prevention
of Torture can result in substantial and useful material input into decision-making concerning demarches
towards certain countries;

(1) Signed but not yet ratified (as of January 2007): Austria (2003), Belgium (2005), Cyprus (2004), Finland (2003),
France (2005), Germany (2006), Italy (2003), Luxembourg (2005), the Netherlands (2005), Portugal (2006) and
Romania (2007). Signed and ratified: the Czech Republic, Denmark, Poland, Spain, Sweden, the United Kingdom,
Malta, Estonia and Slovenia. Therefore, Bulgaria, Greece, Hungary, Ireland, Latvia, Lithuania and Slovakia have so far
neither signed nor ratified the OPCAT.

20.3.2008

EN

Official Journal of the European Union

C 74 E/763

Thursday 26 April 2007

62.
Urges the Council and the Commission to continue the practice of demarches in respect of all of the
EU's international partners regarding the ratification of international conventions banning the use of torture
and ill-treatment, as well as the provisions of rehabilitation to torture survivors; calls on the EU to regard
the fight against torture and ill-treatment as a top priority of its human rights policy, in particular through
enhanced implementation of the EU guidelines and all other EU instruments such as the EIDHR and by
ensuring that EU Member States refrain from using diplomatic assurances with third countries where there
is a real risk of people being subjected to torture or ill-treatment;

Reaffirms that female genital mutilation is a violation of the human right to physical integrity and is

63.
alarmed at attempts to place such acts of mutilation in the same category as standard medical practices;

Children and armed conflict (CAAC)

64. Welcomes the appointment of Ms Radhika Coomaraswamy as Special Representative of the UN
Secretary-General for Children and Armed Conflict in April 2006, with the mandate of defining strategies
to deliver tangible protection for children affected by armed conflict and to ensure the full implementation
of international child protection standards and norms;

65. Welcomes the joint organisation by the French Foreign Minister and the UN Children's Fund (Unicef)
of the Conference entitled ‘Free Children from War’ in February 2007, and the adoption of the Paris Prin-
ciples and guidelines on children associated with armed forces or armed groups, as an important step in
motivating the international community to promote protection, to raise awareness and to make the issue of
children in armed conflicts central to peacekeeping and peace-building;

66.
Stresses that girl soldiers give particular cause for concern, being victims of both sexual exploitation
and all too frequent ostracism within their communities following their demobilisation, and calls for mea-
sures specifically addressing their problems and helping them to adapt following their demobilisation and
return to civilian life;

Calls on all the Member States to ratify the optional protocols to the Convention on the Rights of

67.
the Child;

68.
Notes that many countries, including some EU Member States, train children for armed conflict; calls
on all countries to take steps to ensure that persons under the age of 18 are not given training for armed
conflict;

69. Welcomes the Implementation Strategy (IS) adopted in April 2006 by the Austrian Presidency, which
identifies specific recommendations for action, and its indications that human rights issues should be con-
sidered systematically in the early stages of the planning of European Security and Defence Policy (ESDP)
operations; praises the efforts made by the Finnish Presidency with a view to implementation of the IS;
regrets that political tools available to the EU (such as demarches and political dialogues) have not been
applied to their full potential since the adoption of the guidelines in 2003;

70.
Emphasises the importance of continuing to focus on the guidelines in addition to the IS, inasmuch
as the guidelines are more holistic; regrets that the Finnish Presidency undertook only very few demarches
and other steps regarding CAAC; insists that the EU maintain high standards of quality and depth when
monitoring and reporting on CAAC; urges the Commission and the High Representative for the CFSP to
ensure that future Presidencies are fully aware of the IS;

Asks the Commission and the Council to draw up a list of questions for heads of mission to refer to
71.
in order to assist them in their regular reporting; asks the Commission and the Council to draw up a list of
criteria determining whether or not a country is a ‘priority’, and asks that the Commission and the Council
consult more with stakeholders with a view to seeking their opinions; urges the Commission and the
Council to produce a paper, as suggested in the IS recommendations, containing proposals as to how to
implement UN Security Council Resolution 1612 (2005);

C 74 E/764

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

Calls on the Commission to better reflect the aims of the guidelines by mainstreaming CAAC in all

72.
areas, including development cooperation;

73. Welcomes the call for proposals launched by the Commission in early 2006 with a view to selecting
for funding projects that fight against the trafficking of women and children and seek to protect the rights
of vulnerable groups in armed conflicts, especially children's rights;

74. Welcomes also the adoption in December 2006 of the EU Concept for support to Disarmament,
Demobilisation and Reintegration, containing strong and systematic references to children, and EC support
(via the Commission's Directorate-General for Humanitarian Aid, ECHO) to the Unicef-led process of revi-
sion of the ‘Cape Town Principles’ on the disarmament, demobilisation and reintegration of children;

Human rights defenders

75.
Stresses that full implementation of the 2004 EU Guidelines on Human Rights Defenders must be
prioritised and that the Council recommendations adopted in June 2006, further to the first review of the
implementation of the guidelines conducted by the Austrian Presidency, must be followed up with concrete
action; encourages the Council to facilitate adequate follow-up to demarches, and the evaluation of the
impact of action taken on behalf on individuals, by creating a central database in respect of EU demarches;

76.
Stresses that the EU needs to increase the level of awareness among all EU actors in Brussels, in
capitals and at mission level about the existence, purpose, content and operational application of the guide-
lines; recognises that internal awareness-raising should aim at creating a deeper understanding of the work
of human rights defenders; calls on the Commission and on Member States to organise training workshops
for regional departments as well as staff in delegations, embassies and consulates on the application of those
guidelines, with human rights defenders participating at an early stage, as well as exchanges of good practice
regarding the provision of financial and non-financial support to human rights defenders; considers that the
idea of issuing visas for human rights defenders in grave danger, as recommended by the Council, should be
an important priority;

77.
Emphasises the importance of making the handbook for the implementation of the guidelines avail-
able to human rights defenders on the ground; encourages COHOM to disseminate translations of the EU
Guidelines for Human Rights Defenders in EU languages that are the lingua franca in third countries and in
key non-EU languages amongst regional desks and embassies/delegations; stresses that EU missions need to
reach out to local human rights defenders in a more proactive manner;

78.
Calls on the Council and the Commission to raise the situation of human rights defenders system-
atically in all political dialogues including bilateral dialogues with EU Member States; calls on the Council to
inform Parliament systematically about the implementation of the guidelines on the ground and to involve
it fully in the process of evaluating them; welcomes the fact that one of the priorities of the EIDHR is the
protection of human rights defenders, which includes the introduction of urgent protection measures by the
EU; welcomes also the initiative of the global EU campaign in support of women human rights defenders;
notes the reports and recommendations of the UN Special Representative on Human Rights Defenders,
Ms Hina Jilani;

Guidelines on human rights dialogues and recognised consultations with third countries

79.
Stresses that the European Union global strategy for the promotion of human rights and democracy
cannot be based solely on bilateral or multilateral relations between States, but must involve and encompass
as far as possible non-governmental actors, including parliamentarians, academics, intellectuals, journalists,
the defenders of democratic values, activists, NGO leaders and opinion makers;

20.3.2008

EN

Official Journal of the European Union

C 74 E/765

Thursday 26 April 2007

80. Welcomes the fact that the Council has drawn up a document providing an overview of human
rights dialogues and consultations; asks the Council to take into consideration Parliament's own-initiative
report, currently being drafted, on the evaluation of human rights dialogues and consultations with third
countries; in this context, regrets that the Council's evaluation was declared confidential and asks the Coun-
cil to respond favourably to the invitation to develop, together with Parliament, a system whereby selected
Members of the European Parliament can be kept informed about classified activities; suggests once again
that such a scheme could be modelled on the system for informing selected MEPs about classified material
regarding security and defence; takes the view that, in general, dialogue concerning human rights should be
planned and conducted transparently, with appropriate means being sought to attain that purpose;

81.
Emphasises the need to strengthen and improve the EU-China human rights dialogue considerably;
recognises that China has now decided to have all death penalty cases reviewed by the Supreme Court, but
remains concerned that China still carries out the majority of executions worldwide; stresses that China's
human rights record remains a matter of serious concern; calls on the Council to provide a more detailed
briefing to Parliament in public session following discussions; stresses the importance of reiterating points
that were raised in previous dialogues; supports the Commission and the Council in their current reflections
on ways of improving the dialogue; notes that, despite significant economic reforms, political and human
rights concerns still persist regarding such matters as political
imprisonment, forced labour, freedom of
expression and religion, rights of religious and ethnic minorities, the Laogai camp system and allegations
of organ harvesting; notes that such concerns should receive more focus in the build-up to the Beijing
Olympic games; urges the EU to ensure that its trading relationship with China is contingent upon human
rights reforms and calls in this regard on the Council to make a comprehensive evaluation of the human
rights situation before finalising any new Partnership and Cooperation Framework Agreement; calls on the
Council and the Commission to raise the issue of Tibet and to actively support the strengthening of the
dialogue between the Chinese Government and envoys of the Dalai Lama;

82.
Is very concerned that the human rights dialogue with Iran has been interrupted since 2004 due to a
lack of cooperation from Iran; regrets that, according to the Council, no progress had been made; urges Iran
to re-engage in the dialogue and, drawing on input from the EU, to define benchmarks aimed at real
improvements in the field; calls on the Commission to implement all actions required within the framework
of the EIDHR, so as to promote contacts and cooperation with Iranian civil society and to further support
democracy and human rights; expresses its deep concern regarding the deterioration of the human rights
situation in Iran and points out, in particular, the intensification of the repression directed against human
rights defenders; at the same time, deplores the fact that Iran continues to apply the death penalty under
conditions which violate international standards, and denounces in particular the executions of juvenile
offenders; calls on the Council to express concern about the human rights situation in the country in all
its contacts with the Iranian government and to concentrate its efforts on protecting human rights defen-
ders, and especially women, as well as to persuade Iran to adopt an immediate moratorium on executions as
a first step towards abolition;

Notes the continuation of the EU human rights consultations with Russia; supports the Council in its
83.
aim of developing those consultations into a frank and genuine EU-Russia human rights dialogue and calls
for the involvement of the European Parliament and of European and Russian NGOs in such a process;
regrets that the EU has had only limited success in bringing about policy change as a result of raising
difficult issues such as the situation in Chechnya,
impunity and the independence of the judiciary, the
treatment of human rights defenders, the independence of the media and freedom of expression, the treat-
ment of ethnic minorities, respect for the rule of law and human rights protection in the armed forces,
discrimination based on sexual orientation as well as other issues; is concerned about Russian legislation
limiting the activities of NGOs; deplores the fact that journalists and human rights defenders have been
threatened and remains appalled at the murder of Anna Politkovskaja; expects that Russia will take further
measures to protect freedom of expression and the security of journalists and human rights defenders;
considers, in this regard, that Russian cooperation with UN human rights mechanisms as well as the ratifi-
cation of all relevant human rights conventions should be regarded as a priority by the EU; is concerned
about allegations that the Russian government is behind the poisoning of Alexander Litvinenko, who died in
November 2006 in London; expresses concern at new allegations being brought against Mikhail Khodor-
kovsky, the former Yukos chief detained in 2003, and is equally concerned about his alleged treatment while
in detention; urges the Commission and the Council to raise such cases with Russian authorities at the
highest level and in the new Partnership and Cooperation Agreement with Russia; urges the Commission
to lay down clearer obligations and establish more efficient monitoring mechanisms, in addition to the
human rights clause, in order to achieve a real improvement in the human rights situation;

C 74 E/766

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

84. Welcomes the efforts made so far by the Council, the Commission and the European Parliament to
combat human rights abuses in Belarus; stresses that this policy should be continued, with particular
emphasis on violations of freedom of speech and of the rights of peaceful assembly and association, as
well as violations of the rights of national minorities; points to the need to support the political opposition,
which is a target of repression;

85.
Urges the Commission and the Council to set up human rights subcommittees with all neighbour-
hood countries aimed at the promotion of human rights and democracy, as has been the case for Morocco
and Jordan and as is presently envisaged for Egypt, Tunisia and Lebanon; reiterates its call for Parliament to
be associated with the preparation of these meetings and to be duly informed of their outcome;

Recognises attempts to set up a human rights dialogue with Uzbekistan, but notes that this has not
86.
been possible due to the inability of Uzbekistan to approach such a dialogue in a constructive way; con-
siders, in this regard, that engaging in a human rights dialogue with Uzbekistan should not lead to the
lifting of sanctions imposed on that country if no progress is made in the area of human rights and
democracy; consequently, calls on the Council to make a comprehensive evaluation of the human rights
situation before taking any decision;

87.
Is confident that progress in the Six-Party Talks will contribute to a more favourable political climate
in which the human rights dialogue with the Democratic People's Republic of Korea might be re-opened;
calls on the Commission and the Council to vigorously pursue that objective in the course of contacts and
negotiations with the DPRK;

Notes the negotiations by the Commission and the Council in relation to Turkey's road to accession
88.
and the problems that have been encountered; is concerned about the limited progress achieved to date and
the need for greater focus on human rights issues in Turkey, especially as regards freedom of religion for all
religious communities and full enjoyment of their property rights, protection of minorities, freedom of
expression and human rights concerns relating to the population of Kurdish origin in the south-east of
the country; condemns the tragic murder of journalist Hrant Dink in January 2007, which exemplifies a
nationalistic feeling amongst certain sections of Turkish society, but was encouraged by the strong condem-
nation of the murder across the country including by the government and the swift apprehension of the
perpetrators; encourages the Turkish government to change Article 301 of the Turkish Penal Code, which
clearly limits freedom of expression in the media;

89.
Asks the Council and the Commission, particularly in post-conflict situations, including situations in
which the rape of women and girls has been used as a weapon of war, and in which violence against
women is still widespread, to take into account efforts of partner countries to address past human rights
violations as evidence of current commitments to human rights issues;

Underlines that, during human rights dialogues and consultations, EU institutions should raise all
90.
concerns relating to violations of human rights and fundamental freedoms as well as cases of discrimina-
tion; stresses the importance of such dialogues and consultations when violations are widespread and/or
systematic and recognises that international pressure can play a role in preventing further violations;

91.
Notes with concern that the participation of Parliament is not always as comprehensive as it should
be in human rights dialogues and consultations, and encourages the Council and the Commission to open
up the dialogues to increased participation by Members of the European Parliament;

General scrutiny of Council and Commission activities including the performances of
Presidencies

the two

92.
Commends the cooperation between the Finnish and Austrian Presidencies aimed at ensuring a con-
sistency of approach towards human rights and democracy issues; looks forward to the German, Portuguese
and Slovene Presidencies' continuation of this process of collaboration;

20.3.2008

EN

Official Journal of the European Union

C 74 E/767

Thursday 26 April 2007

93.
Supports the Council and the Commission in their stance against the ongoing human rights and
democracy violations in Burma/Myanmar and the EU's commitment to attaining its stated objectives,
namely to see the establishment of a legitimate, democratically elected civilian government which respects
the human rights of its people and restores normal relations with the international community; urges the
Commission and the Council to strengthen the EU's common position by adopting more effective and
targeted sanctions in light of the reality that the situation in Burma/Myanmar continues to deteriorate;
encourages the Council and the Commission — as part of the common position on Burma/Myanmar —
to engage more proactively with Association of Southeast Asian Nations (ASEAN) countries and neighbour-
ing states to urge them to use their influence responsibly so as to bring about positive change; calls for a
proactive initiative to be taken by the UNHRC, which could take the form of a special session on this
matter; encourages the Council and the Commission to urge China, India and other countries which con-
tinue to supply weaponry and other support to the military junta to desist from this and to join the
international community in its efforts to bring about change for the better in Burma/Myanmar; notes the
efforts made to date at UN Security Council level in recognition of the continuing humanitarian crisis; urges
the Council and the Commission to seek a consensus with China, Russia and South Africa on a binding
resolution, requiring meaningful tripartite dialogue between the State Peace and Development Council, the
National League for Democracy and the ethnic nationalities, and the release of all political prisoners, includ-
ing Aung San Suu Kyi;

94.
Expresses its disappointment at the lack of any positive results in the process to obtain the release of,
or ensure a fair trial for, five Bulgarian nurses and one Palestinian doctor, who were detained and sentenced
to death by the Libyan regime for intentionally infecting children with the AIDS virus, on the grounds of
confessions obtained through torture; notes that, despite ongoing efforts by the Commission to resolve the
issue through political dialogue and by providing medical treatment to the infected children, the Libyan
regime remains as defiant as ever with regard to the case and continues to issue provocative statements in
the media; in light of this, urges the Commission to review its policy tools vis-à-vis Libya so as to find a
more efficient approach to resolving the issue quickly and put an end to eight years of agony and flagrant
human rights violations;

95.
Regrets that the Council and the Commission have failed to take any decisive action to persuade the
Ethiopian Government to immediately and unconditionally release all elected Members of Parliament and
other political prisoners and to fulfil its obligations with respect to human rights, democratic principles and
the rule of law; recalls the several European Parliament resolutions on Ethiopia, adopted since the 2005
Ethiopian elections observed by the EU, and especially the most recent of these, adopted on 16 November
2006 (1);

96.
Invites the Council and the Commission to encourage and assist the government of Senegal in pre-
paring for the prompt and fair trial of Hissène Habré, in order to answer accusations of mass violations of
human rights;

97.
Recognises the significant human rights consequences of the ongoing war in Iraq and the complex
nature of the current fragile political situation; notes the reports and resolutions adopted by Parliament on
Iraq and the recommendations contained within them; urges the Council and the Commission to constantly
assess how the EU could play a more constructive role in bringing about stability in Iraq; notes with total
stupefaction the provisional suspension by ECHO of humanitarian aid for Iraq, notwithstanding the disas-
trous situation afflicting the suffering Iraqi people and Iraqi refugees; welcomes, however, the resumption of
this aid from February 2007;

98.
Commends the Commission for raising the profile of the problem of human trafficking in the EU
and urges that the necessary measures be taken to combat the trafficking of human beings, in particular
women and children; urges the Commission to continue to hold to account Member States which have not
complied with agreed anti-trafficking conventions and directives, particularly Council Directive 2004/81/EC
of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in
human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate
with the competent authorities (2); also emphasises that in the fight against trafficking in human beings a
human rights approach with respect to the victims of trafficking should be adopted; praises the Austrian
Presidency in particular for organising a number of anti-trafficking initiatives including an EU expert con-
ference in June 2006 on the implementation of the EU Plan on Trafficking in Human Beings, and notes the
conclusions and recommendations resulting from that two-day event;

(1) Texts Adopted, P6_TA(2006)0501.
(2) OJ L 261, 6.8.2004, p. 19.

C 74 E/768

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

99.
Regrets that the Finnish Presidency did not organise a fourth meeting of the EU Network of contact
points in respect of persons responsible for genocide, crimes against humanity and war crimes, which
represents an invaluable means of strengthening cooperation among EU Member States in investigations
and prosecutions of international crimes at national level; draws attention to the commitment in the Coun-
cil's conclusions on the EU Network to hold one meeting during each Presidency, and calls for effective
implementation of the conclusions of previous EU Network meetings; asks each Presidency to make this a
standard point in its programme;

100. Welcomes the communication from the Commission entitled ‘Towards an EU Strategy on the
Rights of the Child’ (COM(2006)0367); hopes that the Commission is thereby providing a solid basis for
more effective and comprehensive policies designed to protect the most fundamental rights of the child; is
concerned, however, at the increasing lack of respect for the rights of the child being shown at international
level;

Deplores the fact that the violence in Darfur has continued unchecked, and that the Sudanese
101.
government has not been held accountable for its repeated failures to comply with international demands
and protect its citizens from violence, while welcoming the recent indictments issued by the ICC; regrets
that the EU has not taken more unilateral action regarding the crisis in Darfur and has not tried harder to
persuade the government of Sudan to accept an international peacekeeping force; stresses that persistent
diplomatic pressure is needed to demonstrate to the government of Sudan that its verbal commitments
must be followed by comprehensive and sustained efforts aimed at halting the violence in Darfur, and that
the international community will not accept further neglect by Sudan of its commitments and its responsi-
bility to protect its citizens; urges the Council to agree a plan of specific, targeted sanctions to be imposed
on the Khartoum regime, in accordance with a clear timetable, in the event of non-compliance with the
demands of the international community; urges the EU to contribute (and to put pressure on others to also
contribute) to an international peacekeeping force and the enforcement of the no-fly zone over Darfur, and
to ensure that the African Union is adequately resourced and assisted to fulfil its mandate; asks that the EU
push for a UN peacekeeping mission in Chad with a strong civilian protection mandate;
implores the
Member States, the Council and the Commission to assume their responsibilities and to provide effective
protection for the people of Darfur from a humanitarian disaster;

Calls for the adoption of a code of conduct on the standards to be adhered to by military and
102.
civilian peacekeeping and humanitarian personnel while on mission in areas of armed conflict, to include
sanctions for non-compliance with the high standards of conduct expected, especially in relation to any
form of gender-based violence;

103. Welcomes the fact that five Member States have appointed special Ambassadors for Human Rights
in order to conduct outreach activities, specifically in the human rights area, to third countries and notes the
ongoing work in this area; asks other Member States to consider taking the same step;

104.
Requests from the Commission and the Council an overview of countries which have not issued
standing invitations to all Special Mechanisms, Special Rapporteurs and Special Representatives of the Uni-
ted Nations;

105. Welcomes the use of the new instrument of an EU list of ‘prisoners/detainees of concern’ in respect
of a few individual countries; reiterates its request that the Council should establish EU lists of ‘prisoners/
detainees of concern’ for each third country where there are human rights concerns and that it should raise
the relevant list at each political dialogue meeting; asks the Commission to inform Parliament about all such
existing lists;

106. Welcomes the fact that the Commission and the Council now establish and regularly update lists of
‘focus countries’ in relation to specific issues, notably the list of countries ‘on the cusp’ for the death penalty,
‘focus countries’
in relation to torture and countries where the situation of human rights defenders is
particularly distressing;

20.3.2008

EN

Official Journal of the European Union

C 74 E/769

Thursday 26 April 2007

107.
Is surprised that the Council Secretariat has so far not adhered to the decisions of the General
Affairs Council of 12 December 2005 adopting the provision that the Council's updated EU human rights
fact sheets are to be made available to all EU institutions (1); looks forward to receiving the current version
of those fact sheets as soon as possible;

108. Welcomes the recognition by the Council that the newly adopted International Convention on the
Rights of Persons with Disabilities will further enable the EU to turn its attention outward in the promotion
and protection of disability rights and, in the context of that new Convention, requests that the EU more
effectively monitor the human rights situation of persons with disabilities in third countries with a view to
reporting on key findings by 2009-2010;

Insists that all human rights and democracy discussions with third countries, instruments, docu-
109.
ments and reports including the Annual Reports need to address explicitly discrimination issues including
the issues of ethnic minorities, religious freedoms including discriminatory practices towards minority reli-
gions, and explicitly the protection and promotion of the rights of ethnic minorities, the human rights of
women, the rights of children, the rights of indigenous peoples, disabled people including people with
intellectual disabilities, and people of all sexual orientations, fully involving their organisations, both within
the EU and in third countries, where appropriate;

110.
Takes the view that an active policy to promote human rights cannot be confined to the cases
attracting greatest public notice; points out that serious violations of rights occur on the fringe of public
scrutiny, in closed institutions, for children, the elderly and the sick, and in prisons; points to the need for
the Union to bring expert scrutiny to bear on the life of those institutions;

Asks the Council to reassess the procedure for listing terrorist groups and also to consider a clear
111.
method for taking groups off the list if they deserve to be removed therefrom (taking into account their
attitude, history and practice);

Considers that a clear, efficient and harmonised common arms export control policy, anchored in a
112.
legally binding code of conduct, can play a decisive role in the fight against terrorism, in conflict preven-
tion,
in regional stability and in the promotion of human rights, and calls on the EU Presidency, the
Council, the Commission and Member States to continue to be supportive of an International Arms Trade
Treaty;

113.
Deplores, as expressed in its resolution of 14 February 2007, the failure by the Council and the EU
Presidencies to comply with their obligations to keep Parliament fully informed of the main aspects and
basic choices of CFSP in relation to the work of its Temporary Committee investigating the alleged use of
European countries by the CIA for the transportation and illegal detention of prisoners;

114.
Underlines that, at this stage when it is not possible for the EU to offer Belarus full participation in
the neighbourhood policy, the EU should still make every effort to find appropriate ways to prevent further
anti-democratic developments and human rights violations in that country, which is a direct neighbour of
the EU; therefore calls on the Council and the Commission to monitor closely the situation in Belarus and
to increase their support for the activities of civil society, NGOs and the political opposition;

The Commission's external assistance programmes

The European Instrument for Democracy and Human Rights (EIDHR)

115. Welcomes the fact that the Commission and the Council agreed with Parliament, at the latter's
insistence, that a special financing instrument (the EIDHR) was needed for the promotion of democracy
and human rights worldwide;

(1) Council Conclusions of 12 December 2005, 15293/1/05 REV 1, Annex, p. 14.

C 74 E/770

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

116. Welcomes the consultations carried out by the Commission with NGOs and civil society in relation
to the implementation of the new EIDHR; calls for complete transparency regarding the ways in which
money is spent and projects are chosen and assessed under that instrument;

117. Welcomes the adoption, under the EIDHR, of a new measure (among the ad hoc measures recently
introduced under that instrument), making it possible to take urgent action for the protection of human
rights defenders without the need for a tendering procedure; calls on the Commission to implement this
new measure rapidly and effectively;

118.
Notes that EIDHR funds used for European Union election observation missions in 2006 amounted
to 23 % of the total EIDHR funds used (EUR 35 176 103) and that such missions were conducted to
13 countries and territories including Aceh, Fiji and the Democratic Republic of Congo;

119.
Notes that a large proportion (49 %) of the total EIDHR funding for projects contracted in 2006
went to big thematic projects and only a small proportion (24 %) to micro projects implemented by EC
delegations; expects that the new financial instrument will enable the Commission to finance those NGOs
which play a key role in the promotion of human rights and democracy in their countries but which are not
legally recognised by the authorities in those countries;

120.
Remains concerned that the administrative burden on civil society organisations as recipients of
funding must be reduced and flexibility in the disbursement of funds increased by allowing re-granting,
smaller grants for grassroots organisations and funding for unregistered NGOs;

Recommends that the Commission draft clear guidelines in order that potential recipients of fund-

121.
ing understand the objectives and qualifying criteria;

Assistance programmes in general

122. Welcomes the fact that the Commission has begun to mainstream issues related to respect for
human rights, democratic principles, the rule of law and good governance into programming meetings
and documents when developing legal bases for instruments, country strategies, national indicative pro-
grammes, sectoral programmes, individual projects and evaluations; welcomes the fact that officers prepar-
ing projects or programmes have guidelines on how to mainstream such issues;

123. Welcomes the fact that the Commission (DG EuropeAid) is in the process of commissioning a study
on how to mainstream into its activities a number of governance areas such as democratisation, the promo-
tion and protection of human rights, reinforcement of the rule of law and the administration of justice,
empowerment of civil society, public administration reform including anti-corruption, decentralisation and
local governance; supports the Commission's work in developing this study into a practical tool to be used
for the mainstreaming of governance into EC development cooperation for the benefit of programme man-
agers in delegations and at headquarters level and consultants involved in the design or implementation of
EC programmes; looks forward to receiving the study once it has been finalised;

124. Welcomes the fact that the Commission is in the process of drafting governance profiles for all ACP
countries in the context of the 10th European Development Fund programme; calls, however, for greater
transparency in the process of developing the governance profiles, to involve real and effective consultation
with all stakeholders, including ACP partners and civil society organisations; calls on the Commission to
include,
in the section on social governance, government performance in the provision of basic social
services to their entire populations;

125. Welcomes the fact that the Instrument for Economic Cooperation and Development Cooperation
(ECDCI) has been split into two in such a manner that developing countries are now separated from indus-
trialised ones (1); remains concerned, however, that no instrument now appears to cover conflict prevention;

(1) Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a
financing instrument for development cooperation (OJ L 378, 27.12.2006, p. 41) and Council Regulation (EC)
No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and
other high-income countries and territories (OJ L 29, 3.2.2007, p. 16).

20.3.2008

EN

Official Journal of the European Union

C 74 E/771

Implementation of human rights and democracy clauses in external agreements

Thursday 26 April 2007

Recalls its above-mentioned resolution of 14 February 2006 regarding future EU policy on the
126.
application of human rights clauses in all EU agreements; notes as a first reaction that the Commission
outlined several measures to improve the application of the clause, such as gradually extending human
rights committees to more third countries; points out that the Council has not yet given a specific reply
to the above-mentioned resolution, preferring continued implementation of the clause in the more general
foreign policy context; welcomes the fact that heads of Commission delegations in third countries are
required, as part of their mandate, to emphasise human rights more specifically; is concerned, however, by
the recent Commission proposal to exempt India from the rule that all EU agreements must include a
human rights and democracy clause, in the context of the negotiations for the EU-India Free Trade Agree-
ment; considers that such a move would be a retrograde step and could set a worrying precedent for future
negotiations on trade agreements; requests, therefore, that the Commission and the Council adopt a clear
position on the detailed proposals contained in the above-mentioned resolution of 14 February 2006;
stresses in particular the need to introduce a monitoring mechanism, regular assessment of compliance
with human rights obligations and a progressive system of penalties for non-compliance in order to ensure
proper implementation of the human rights and democracy clause contained in agreements concluded by
the EU with third countries;

Notes that the Commission intends to draft new measures to improve implementation of the
127.
democratic clause, such as the progressive extension of human rights committees to encompass a larger
number of third countries, or the invitation to the ‘EU heads of delegation’ throughout the world to place
greater emphasis on human rights; observes, however, that it is necessary for the Commission to table a
strategic political plan together with a specific legislative initiative for the comprehensive reform of the
this being a strategic problem concerning the general
democratic clause as indicated by Parliament,
approach of the European Union to the issue of human rights;

Draws the attention of the Council and the Commission to, in particular, the need to systematically
128.
include a human rights clause in all new-generation sector-based agreements such as trade agreements so as
to further foster the promotion, protection and realisation of human rights within the aims of those agree-
ments;

Mainstreaming of human rights

Continues to support the Council

129.
in its efforts to mainstream human rights and democracy
throughout the EU's work, in particular by focusing on the regular review and implementation of a particu-
lar set of EU human rights guidelines;

130.
Points out that numerous internal policies, particularly those relating to asylum, immigration and
anti-terrorist measures, are having a major impact on respect for human rights in third countries; considers
that greater efforts must be made to ensure that the internal policies in question comply with human rights
and international humanitarian law; expresses its deep concern at the high number of deaths of refugees
trying to enter Member States; calls for more legal options to seek asylum and urges the Member States to
take into account human rights violations, considering the right of persons coming from third countries to
be granted asylum in a Member State; observes that, under the body of case-law established by the European
Court of Human Rights, European States may under no circumstances return individuals to States where
they are in danger of being subjected to torture or cruel, inhuman or degrading treatment;

131. Welcomes the ongoing work that the Council and the Commission are undertaking in order to
strengthen the coherence between the EU's human rights policy and other international policies; considers
it vital for the pursuit of a credible EU human rights policy that such coherence be reinforced; considers it
necessary for Europe in future to speak with one voice; approves of the central theme of the EU Human
Rights Forum entitled ‘Mainstreaming Human Rights and Democracy into European Union Policies’;

C 74 E/772

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

132.
Calls on the Commission to continue to monitor closely the granting of GSP+ benefits (Generalised
System of Benefits) to countries which have shown serious flaws in the implementation of the eight ILO
conventions relating to core labour standards, on account of breaches of civil and political rights or the use
of prison labour; asks the Commission to develop criteria for when the GSP should be withdrawn on
human rights grounds;

133.
Condemns unconditionally all forms of exploitation of children, whether in the form of sexual
exploitation, including child pornography and child sex tourism, or compulsory labour, together with all
forms of human trafficking; notes with indignation the absence of any real reduction in the sexual exploita-
tion of children, particularly as a result of internet use; takes the view that serious criminal offences are
hereby being committed which must be prosecuted and punished;

134.
Urges the Commission to continue to promote corporate social responsibility with European and
local companies; asks the Council to report back to Parliament on any feedback from the UN Special
Representative on Business and Human Rights, Mr John Ruggie, clarifying standards of corporate responsi-
bility and accountability for transnational corporations and other business enterprises with regard to human
rights;

135. Welcomes the conclusions of the General Affairs Council of 13 November 2006 on promoting
gender equality and gender mainstreaming in crisis management;

136.
Recognises that immigration policy has become a priority on the Union's internal and external
policy agenda and that in its texts the Union has been attempting to link immigration and development
and ensure that the fundamental rights of immigrants are respected; maintains, however, that the reality on
the ground gives the lie to those texts; expresses particular disquiet at the fact that agreements for the
readmission of illegal immigrants are being concluded with third countries that do not have the legal and
institutional machinery needed in order to handle the readmission of nationals and protect their rights; calls
on the Council and the Commission to brief it on the progress made in this area since the publication, in
2005, of the first annual monitoring and evaluation report on cooperation by third countries to combat
illegal migration; recommends that Parliament be involved from the outset when readmission agreements
are to be negotiated and concluded; and maintains, in short, that any migration policy has to be a common
policy and, above all, preventive rather than punitive;

137.
Reiterates the importance of EU internal policy promoting adherence to international human rights
law and the need for Member States to legislate in a way consistent with, inter alia, the obligations arising
out of the Geneva Conventions, the Convention against Torture, the Genocide Convention and the Rome
Statute of the ICC; welcomes the progress made in the application of universal jurisdiction in some Member
States; in pursuit of greater coherence of internal and external policies, encourages the Council, the Com-
mission and the Member States to incorporate the fight against impunity for serious international crimes in
the development of a common EU area of freedom, security and justice;

138.
Asks the Commission, the Council and the Member States to systematically include in the frame-
work of discussions on human rights and fundamental freedoms with third countries the issue of persecu-
tion of, or discrimination against, persons on the basis of their sexual orientation, and to take appropriate
progressive measures when similar human rights violations take place; requests them to take all necessary
initiatives at the international level to stop persecutions based on sexual orientation as well as for decrimi-
nalisation, such as the adoption of a resolution on these issues by UN bodies, and decides to sponsor and
celebrate every year, on 17 May, the International Day Against Homophobia;

Effectiveness of the European Parliament's interventions in human rights cases

139. Welcomes Parliament's important role in the human rights sphere, and in safeguarding commit-
ments to improving human rights and democracy throughout the world by scrutinising the activities of
other institutions and, in particular, through the Sakharov Prize;

20.3.2008

EN

Official Journal of the European Union

C 74 E/773

140.
Asks the Council and the Commission to note the study by the European Inter-University Centre
for Human Rights and Democratisation entitled ‘Beyond Activism: The impact of the resolutions and other
activities of the European Parliament in the field of human rights outside the European Union’, finalised in
October 2006;

Thursday 26 April 2007

141. Welcomes the activities of the Subcommittee on Human Rights, including regular reports by the
Presidency, the Commission and the Personal Representative for Human Rights, exchanges of views (notably
with UN Special Rapporteurs and independent experts), numerous hearings, expert testimony and studies;
suggests that the impact of its work could be enhanced by systematic association with other committees
such as the Committees on Development, International Trade, Civil Liberties, Justice and Home Affairs,
Women's Rights and Gender Equality and Budgets;

142.
Recognises that the Subcommittee on Human Rights has continued to be committed to evaluating
the implementation of the EU instruments in the fields of human rights and democracy, with special focus
on the EU guidelines on torture, to making the Commission and the Council accountable for their actions
in this field, to setting up a constant dialogue with international institutions on human rights issues, to
providing a platform of expertise and, at the same time, an input on human rights and democracy aspects
in response to reports from the Foreign Affairs Committee, to drafting own-initiative reports on specific
human rights instruments, to mainstreaming human rights issues throughout the different bodies of the
Parliament (committees and delegations), to organising and preparing the Sakharov Prize award procedure
and to providing a platform for a permanent dialogue with civil society representatives;

143.
Stresses the importance of enhanced cooperation with national parliamentarians with a view to
coordinating the monitoring of human rights policies; considers that the Subcommittee on Human Rights
should seek to open channels of communication and organise meetings with analogous committees of the
national parliaments of EU Member States as well as of the third countries;

144.
Calls for a more constructive role for the Subcommittee on Human Rights in the development of
consistent and transparent criteria for the selection of urgency topics so as to ensure that parliamentary
interventions are timely and have maximum impact; suggests that debates and voting time on urgency
resolutions should be reorganised so that the Council may participate;

Recommends full implementation of the guidelines for Parliament delegations on visits to third

145.
countries;

Recommends translating resolutions and other key documents relating to human rights issues into

146.
the language spoken in the targeted countries;

147. Welcomes the active role played by the Subcommittee on Human Rights, the Committee on Foreign
Affairs, the Committee on Development and the President of Parliament in standing up to cases of injustice
around the world, especially through the award of the Sakharov Prize; considers that Parliament should
aim at conferring more than a momentary visibility and that it should better fulfil the expectations raised,
e.g. through systematic liaison with former laureates and sustained support; takes the view that the Euro-
pean Parliament should facilitate the establishment of a network of Sakharov Prize laureates, with regular
meetings being held in the European Parliament so that the Sakharov Prize laureates may associate them-
selves with Parliament's activities in the field of human rights; strongly regrets the response of the Burmese
and Cuban authorities to Parliament's request for their agreement to the sending of a delegation to visit
former Sakharov Prize laureates;

Asks the Subcommittee on Human Rights to raise the profile of public hearings by improving
148.
attendance by MEPs and media visibility; calls on the Subcommittee to continue to invite prominent experts
and key actors to attend, and to consider extending invitations to third country representatives and heads of
EU missions; asks the Subcommittee to draw operational conclusions from all its meetings and exchanges of
views with a view to following up on commitments and information obtained and on policy options
devised;

C 74 E/774

Official Journal of the European Union

EN

20.3.2008

Thursday 26 April 2007

149. Welcomes the resolutions passed by Parliament calling for the closure of the Guantanamo Bay
detention centre and the contributions that Parliament has made to raising the profile of that centre and
its human rights concerns relating thereto; calls on the Council and the Commission to urge the US Gov-
ernment to find a mechanism that will facilitate the charging or releasing of detainees in accordance with
international law; welcomes the fact that, in May 2006, Albania became the first country to resettle five
Chinese Uighurs from Guantanamo, but regrets that 13 Chinese Uighurs who have been cleared for release
by the United States Government remain in Guantanamo Bay as the United States Government has rightly
concluded that they cannot be returned to China for fear of torture; calls on the Council, the Commission
and Member States to work with the United States Government to facilitate the settlement of all those
remaining individuals who the United States has concluded pose no threat to the United States or its allies
but who cannot be returned to their home countries for fear of torture; is concerned that the very existence
of the Guantanamo Bay detention centre continues to send out a negative signal as to how the fight against
terrorism is being pursued;

150.
Considers that the effectiveness of Parliament's work on human rights and democracy could be
enhanced by establishing priorities for its actions, notably by focusing on issues where it is possible to
reach a broad political consensus; considers that its Subcommittee on Human Rights should set up small
working groups to follow each of the human rights guidelines; considers that existing formal powers should
be better used to promote human rights, in particular the budgetary powers and the right to give assent;

Recalls its resolution of 18 January 2007 on Gender Mainstreaming in the Work of the Commit-
151.
tees (1); calls on its committees to make every reasonable effort to respect gender balance in their activities
(including the composition of delegations and invited speakers) and to implement gender action plans put
forward by the Members appointed within each Committee as responsible for gender mainstreaming;

152.
Suggests that different policy areas within the European Parliament could be better linked through
the work of the committees in charge of human rights, budgets and international trade, in such a way as to
improve the integration of budgetary and trade issues in the articulation of human rights concerns, so as to
make the latter more realistic in terms of achievement and better attuned to the formal powers of the
European Parliament;

Calls on the Council systematically to invite MEPs to attend preparatory and de-briefing sessions,
153.
such as those organised with NGOs, for human rights dialogues with third countries as well as European
Neighbourhood Policy subcommittees on human rights;

Regards it as a priority to continue to work closely with the United Nations,

in particular the
154.
UNHRC, and with Council of Europe representatives and bodies; considers that
it is also important
to establish closer working relations with the ACP, Euro-Mediterranean (EMPA) and Euro-Latin American
(Eurolat) parliamentary assemblies in order to exchange specialist knowledge and ensure greater coherence
with regard to activities in the field of human rights and democracy;

155.
Acknowledges the work of its Temporary Committee on the alleged use of European countries by
the CIA for the transport and illegal detention of prisoners, and the report of that Committee adopted on
14 February 2007 (2); welcomes the efforts to collect information, examine the allegations and establish the
facts in that regard and to raise the profile of extraordinary rendition and the use of EU countries by CIA
aircraft to transport victims as a breach of human rights and a violation of international law; notes the
criticism, as well as the recommendations, addressed to the Council, its Secretary General/High Representa-
tive and Member States; notes the role of its competent committees in ensuring the appropriate political
follow-up to the above-mentioned report; requests the EU and Member States to work together at all levels
to denounce the practice of extraordinary rendition now and in the future;

156. Welcomes the adoption of its resolution of 1 February 2007 on the human rights situation of the
Dalits in India (3);

(1) Texts Adopted, P6_TA(2007)0010.
(2) Texts Adopted, P6_TA(2007)0032.
(3) Texts Adopted, P6_TA(2007)0016.

20.3.2008

EN

Official Journal of the European Union

C 74 E/775

Thursday 26 April 2007

Resources devoted to human rights work

157. Welcomes the fact that the Commission now gives greater prominence to human rights in the
mandate of heads of Commission delegations in third countries;

158. Welcomes the fact that, in the ongoing process of renewing the mandates of the EU Special Repre-
sentatives, a reference to human rights has been added to all the mandates;

Advocates that increased human resources in the human rights area be made available to all Special

159.
Representatives appointed by the Council;

*

*

*

160.
Instructs its President to forward this resolution to the Council, the Commission, the governments
and parliaments of the Member States and the candidate countries, the United Nations, the Council of
Europe, the OSCE, the governments of the countries and territories mentioned in this resolution, and the
offices of the main human rights NGOs based in the EU.

P6_TA(2007)0166

Universal moratorium on the death penalty

European Parliament resolution of 26 April 2007 on the initiative for a universal moratorium on
the death penalty

The European Parliament,

— having regard to its resolution of 1 February 2007 on the initiative in favour of a universal moratorium

on the death penalty (1),

— having regard to the Guidelines on EU policy towards third countries on the death penalty of 29 June

1998,

— having regard to the final declaration of the third World Congress against the Death Penalty held in

Paris between 1 and 3 February 2007,

— having regard to the statement on abolition of the death penalty delivered on 19 December 2006 in
the UN General Assembly by the EU Presidency, which was initially signed by 85 countries in all
geographical groups,

— having regard to the statement read by the EU Presidency on behalf of the European Union during the

fourth session of the UN Human Rights Council on 29 March 2007,

— having regard to the public support for a moratorium expressed by the Secretary-General of the UN

during his recent visit to Rome,

— having regard to Rule 103(2) of its Rules of Procedure,

A. whereas the call for a universal moratorium on the death penalty is a strategic move towards the

abolition of the death penalty in all countries,

(1) Texts Adopted, P6_TA(2007)0018.