Source: EURLEX
Language: en
Format: md

C 232/186 Official Journal of the European Communities EN 17.8.2001

**Wednesday 13 December 2000**

14. Congratulates the Croatian government on the progress it has made with regard to the return of
refugees and urges it to continue its efforts, in particular by:

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adopting, in the form of legislation, the programme for the return of refugees, including a clear definition of ‘double occupation’ in relation also to families that have been separated, and detailed criteria
concerning eligibility for alternative accommodation;

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giving owners access to municipal courts in order to request that a decision be taken when the competent bodies fail to keep to deadlines;

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applying in a non-discriminatory way the recently amended law on reconstruction;

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strengthening the principle of transparency with regard to application of the amnesty law;

15. Welcomes the participation of Croatia in the existing initiatives of the Stability Pact on arms export
control systems and specific enforcement measures, as well as on measures fighting uncontrolled or illegal
transfer of small arms and light weapons (SALW), and asks the Croatian government to clearly specify its
respective needs upon which the international donors, including the European Union, can develop and
implement effective assistance programmes;

16. Welcomes the participation of Croatia in the existing initiative of the Stability Pact on institution
and capacity building and legislative reform in the field of refugee protection, asylum and migration, which
should help to achieve the objective of developing asylum and migration systems consistent with international and European standards and asks the European Commission to support this initiative by developing
and implementing a tailored programme which meets the specific interests, needs and capacities of Croatia;

17. Stresses that additional conditions, on top of those specified in the context of the accession process,
must not be laid down in this agreement;

18. Encourages the Croatian government to undertake the necessary legislative reforms in the field of
minority rights, property, media and the judiciary;

19. Considers that application of the Stabilisation and Association Agreement must be reviewed every
two years, in order to assess how Croatia’s efforts to forge closer relations with the European Union are
proceeding;

20. Instructs its President to forward this resolution to the Council, the Commission and the government and parliament of the Republic of Croatia.

**13. Developing closer relations with Indonesia**

**A5-0323/2000**

**European Parliament resolution on the communication from the Commission to the Council and**
**to the European Parliament on developing closer relations between Indonesia and the European**
**Union (COM(2000) 50 �C5-0288/2000 �2000/2152(COS))**

_The European Parliament,_

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having regard to the Commission communication (COM(2000) 50 �C5-0288/2000),

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having regard to the Council’s declarations and conclusions regarding Indonesia, in particular the General Affairs Council’s conclusions of 20 March 2000,

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having regard to the EU-Indonesia Joint Declaration of 14 June 2000 in Luxembourg,

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having regard to its previous resolutions on Indonesia,

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having regard to Rule 47(1) of its Rules of Procedure,

17.8.2001 EN Official Journal of the European Communities C 232/187

**Wednesday 13 December 2000**

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having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security
and Defence Policy and the opinions of the Committee on Industry, External Trade, Research and
Energy and the Committee on Development and Cooperation (A5-0323/2000),

A. whereas since the publication of the Commission communication on relations between the EU and
Indonesia the situation in Indonesia has improved in some respects, but many problems still remain to
be resolved; whereas the European Parliament recognises the sovereignty and integrity of Indonesia’s
borders,

B. whereas Indonesia is an important country in the ASEAN and ASEM group and whereas it is important to improve relations between the EU and Indonesia after the protracted conflict over Timor; in
this connection supports the Commission proposal for a new partnership between the EU and Indonesia and stresses the positive role which the parliaments of both parties and NGOs can play in this
partnership,

C. whereas the European Union has been the biggest investor in Indonesia since 1967, according to the
Indonesian Investment Coordinating Board, and Member States today have a special responsibility to
contribute to peace, security and economic and social development in the region,

D. whereas the situation in the Moluccas and in the refugee camps in West Timor is still very serious
while tension is mounting in Irian Jaya/Papua and the provisional peace in Aceh still has to take root,

E. whereas these problems in the region have already resulted in almost 10 000 deaths and injuries and
whereas there are now almost one million refugees in Indonesia itself, with some 300 000 in the
Moluccas and about 120 000 in West Timor (situation in September 2000),

F. whereas the new Indonesian Government formed in August has declared its intention to transform
Indonesia into a stable, democratic state based on the rule of law, but whereas hostile forces are still
very strong and are endeavouring to destabilise the country,

G. whereas hostile forces are most commonly found in disloyal elements in the army, in paramilitary
groups, in Islamic extreme fundamentalist organisations and in groups in the military, political and
business worlds who profited from Suharto’s corrupt regime; whereas these forces are a considerable
threat to the development of a stable democratic state based on the rule of law, to peace and stability
and to the national security of Indonesia and its regions,

H. whereas the annual People’s Consultative Assembly in August took important decisions resulting in a
new government, but also took two decisions which have sown considerable doubts internationally:
continued representation of the military in the Assembly until 2009 (instead of 2004) and the
approval of an amendment to the constitution stating that crimes cannot be punished if, at the time
they were committed, no relevant legislation was in place,

I. whereas there are disloyal and undemocratic forces in the army, which are lending support to militias
in West Timor and Jihad fighters in the Moluccas, and whereas the task of putting an end to the
political, economic and social power of the army is proceeding too slowly,

J. whereas the government has set in train a policy of changing the old practice of exploiting the peripheral regions as fiefdoms of the central regime in Jakarta, and whereas legislation on regional autonomy is being drafted together with a revised distribution of the revenue from oil and other raw materials in favour of the peripheral regions,

K. whereas, nevertheless, the situation in the Moluccas has deteriorated drastically, certainly since the
arrival of the Jihad fighters, and whereas stabilisation and restoration will require aid for many years
to come; whereas the problems of the refugees in West Timor are very serious, partly as a result of the
militias which have taken violent action in the refugee camps; whereas peace has still not been
restored to Aceh and there is an increase in tension in Irian Jaya/Papua,

C 232/188 Official Journal of the European Communities EN 17.8.2001

**Wednesday 13 December 2000**

L. whereas two UN peacekeepers were killed earlier this year in East Timor and three staff members of
the UNHCR were murdered by militia in West Timor on 6 September 2000; welcoming the UN
Security Council mission that visited East and West Timor in November 2000; whereas the Indonesian
authorities should play a more active role in investigating the death of the Dutch journalist Sander
Thoemes and should get to the bottom of this issue so that here, too, the guilty parties can be punished,

M. whereas there needs to be a more active role for the international community, while respecting the
sovereignty of Indonesia, if the Indonesian Government itself is not capable of restoring law and order
in the region, in particular in the Moluccas and Papua,

N. whereas ECHO’s efforts in Indonesia amongst the refugees and the homeless are already considerable
and will continue to be needed for a long time to come,

O. whereas the Indonesian government is actively engaged in separating the tasks of the police and the
army, improving human rights legislation and setting up special tribunals for human rights violations;
whereas sentencing in the Aceh conflict has already started and 22 people are now facing charges in
respect of human rights violations brought in Indonesia, which is a good start,

P. whereas the new clause in the Indonesian constitution is a cause for concern with respect to effective
action against a number of human rights violations in Aceh, Timor, the Moluccas and Irian Jaya/
Papua, for example,

Q. whereas the EU must make the need for democracy and respect for human rights an explicit item for
discussion with ASEAN and ASEM, not least with regard to the military regime in Burma, because
Burma has more or less copied the way in which military power was organised under the Suharto
regime,

R. whereas, although the fight against corruption has started, scarcely any sentences have been passed
and whereas the Suharto case has been settled in advance, which is a bad sign,

S. whereas the programme of Good Governance has started well, with the EU making a substantial contribution,

T. whereas there has been some progress in Indonesia’s economy but the social problems, and the gulf
between rich and poor, are still considerable,

U. whereas the European Union has made a helpful gesture by providing further facilities for trade
between Indonesia and the EU to provide further assistance to Indonesia’s economy,

V. whereas the development aid provided by both the EU and its Member States is already greater than
that of Japan and the US, but lack of coordination means that the aid is fragmented and not particularly visible in Indonesia,

1. Takes the views that Indonesia, with the government under President Wahid and Vice-President
Megawati Sukarnoputri, is on the way to becoming a democratic state based on the rule of law but that
there are still considerable problems to be resolved;

2. Notes that the disloyalty of elements in the army, the action of paramilitary forces in Timor, the
Laskar Jihad fighters in the Moluccas and forces from the old Suharto regime are exerting a detrimental
effect on the process of creating a democratic state based on the rule of law; considers that international
support for the new government is needed to help in the process of dismantling the political and civil
privileges of the army;

3. Takes the view that the allocation of parliamentary seats to representatives of the security forces is
incompatible with the principle of the democratic rule of law;

17.8.2001 EN Official Journal of the European Communities C 232/189

**Wednesday 13 December 2000**

4. Takes the view that the situation in the Moluccas with more than 5 000 fatalities and about 300 000
refugees is so serious that not only is international aid required but, if the government cannot restore law
and order and improve the situation, a more active role for the international community cannot be ruled
out;

5. Notes that the situation in the refugee camps in West Timor has deteriorated to such an extent as a
result of the actions of paramilitary forces that there is an urgent need for a proper and rapid solution for
the refugees; calls on the Indonesian government to disband these paramilitary forces and to ensure free
access to refugee camps for UN authorities and local and international non-governmental organisations;

6. Supports efforts to promote a more durable peace in Aceh, and insists that human rights violations
in Aceh must not only be brought before the courts, but that all the guilty parties should be punished;

7. States that the increasing unrest in Irian Jaya/Papua is a cause for great concern; therefore calls on
the EU to take conflict-prevention measures; condemns in the strongest terms the recent violence by the
military towards civilians in December 2000 which once again resulted in deaths;

8. Notes that Indonesia has almost one million refugees as a result of regional conflicts and calls for
increased efforts by ECHO in the regions where these are necessary and for the absolute safety of aid
workers and refugees to be guaranteed, if necessary monitored by foreign observers;

9. Supports the intention of the Indonesian Government to grant autonomy to a number of peripheral
regions and to allow a substantial proportion of the revenue from raw materials to go to the regions where
raw materials are produced;

10. Supports the Indonesian Government’s intention to improve human rights by improving legislation,
strengthening the National Human Rights Commission (KomNasHAM) and establishing special tribunals
for human rights; calls on the Indonesian Government to allow international observers to attend the special tribunals, and to clarify as soon as possible the scope of the amendment to the clause in the constitution on retroactive effect;

11. Points out that securing political stability, respect for human rights and the principles of the constitutional state based on the rule of law are key requirements for Indonesia’s economic recovery from the
aftermath of the Asian financial crisis and are also preconditions for closer cooperation between the EU
and Indonesia;

12. Is concerned about the still significant degree of corruption and nepotism in the economy of Indonesia, in which many members of the former ruling families still are involved and which are a major
obstacle for economic recovery and social stability; calls, therefore, on the Indonesian Government to
step up the fight against corruption and hopes that the perpetrators will actually be tried and sentenced;
believes it is wrong for a decision to be taken in advance, for example in the case of the former president
Suharto, because this makes it all the more difficult to bring other cases; welcomes the overturning by the
Supreme Court of the decision that former President Suharto was unfit to stand trial, and calls for him to
face a new trial;

13. Points out that an influx of investment capital from the industrialised countries is of crucial importance for Indonesia’s process of economic reforms, but believes that no company in the EU should play a
part in corruption and calls on the Commission to draft a statutory ban, including penalties, on EU companies abetting corruption both within and outside the European Union;

14. Welcomes the contribution the EU has made as part of its financial support for the countries of
Asia to alleviate the consequences of the financial crisis; is of the view that EU assistance should be focused
on poverty alleviation, support for social groups suffering the most from the impact of the Asian crisis,
sustainable natural resource management and implementing practices of good governance at central and
regional level;

C 232/190 Official Journal of the European Communities EN 17.8.2001

**Wednesday 13 December 2000**

15. Calls on the Indonesian Government to radically alter its continuing policy of extending oil palm
plantations at the expense of forested areas and to effectively enforce the 1995 ban on the use of fire in
order to clear agricultural land;

16. Notes that Indonesia’s economy is improving; calls on the Union to take initiatives to further support the economy of Indonesia through improved trade arrangements, not least because this is a powerful
boost for the democratic process;

17. Notes with satisfaction Indonesia’s economic recovery in the first half of 2000, which is essentially
the result of an increase in exports following the substantial devaluation of the rupiah and the significant
increase in the price of crude oil, resulting in the losses of income in 1998 and 1999 being largely offset;

18. Stresses the importance for the economic recovery in Indonesia of restructuring the private banking
system, where the Indonesian Banking Restructuring Agency (IBRA) has, up to now, been unable to sufficiently re-establish the lending capabilities of commercial banks; invites the IBRA to privatise the enterprises of which it became the owner during the recapitalisation of the banking system, by encouraging
foreign direct investment in Indonesia;

19. Regards the recapitalisation of Indonesia’s economy as an opportunity for taking greater account of
environmental aspects in the production and exploitation of natural resources;

20. Invites Indonesia to make further efforts to implement the standards of the International Tropical
Timber Organisation relating to sustainable management of tropical forests;

21. Calls on the Commission to examine the possibility of concluding a bilateral trade and cooperation
agreement with Indonesia;

22. Points to the advantages of closer regional economic cooperation between ASEAN countries, which
could benefit above all from the creation of a regional free-trade area;

23. Welcomes the Commission’s interest in more intensive cooperation with Indonesia on matters of
common interest in the WTO and supports the Indonesian Government’s wish that new trade negotiations
should not only benefit industrialised countries but also developing countries;

24. Calls on the Commission to act jointly with Indonesia in the WTO to press for a speedy start to a
comprehensive round of trade negotiations; asks Indonesia to make every effort to respect its obligations
entered into in the Uruguay Round Agreement on Trade-Related Intellectual Property Rights, by adopting
and implementing the appropriate legislation in this field;

25. Welcomes the latest agreement on assistance for Indonesia by the IMF, which will enable Indonesia
to push ahead with its reform process and to reduce the burden by repaying foreign debts;

26. Supports the Indonesian Government in its policy of enabling the entire population to benefit from
the proceeds of the economy, and asks for more measures to combat poverty; considers that the EU
should encourage the Indonesian Government to stimulate social expenditure and, in this connection,
believes that wealth acquired through corruption must be tracked down, with the money being repaid to
benefit the people of Indonesia, in particular the poor section of the population;

27. Calls on the Commission to consider bringing Indonesia back into the EU’s generalised system of
preferences (GSP) in view of the fall in incomes in Indonesia in the last two years;

28. Supports further aid to Indonesia, provided the process of democratisation is continued, aid is targeted primarily at the poorest people in Indonesia, further attempts are made at solving the problems in
the Moluccas, Timor, Aceh and Irian Jaya/Papua, there is a substantial improvement in human rights and
money from corruption is tracked down and benefits the people as a whole;

17.8.2001 EN Official Journal of the European Communities C 232/191

**Wednesday 13 December 2000**

29. In accordance with recent agreements made at the informal meeting of the Council in Evian, calls
for aid from the EU and its Member States to be allocated in a more coordinated and demand-driven way
and for the EU delegation in Jakarta to be given more manpower, so that it can manage this coordination
effort;

30. Welcomes the Commission’s attempt to increase dialogue with Indonesia, especially the institution
of the Senior Official Meetings (SOM), and draws particular attention to cooperation in the cultural sector
and more exchanges between universities;

31. Instructs its President to forward this resolution to the Commission, the Council, the parliaments of
the Member States, the Government and Parliament of Indonesia, the UN and the UNHCR and the secretariats of ASEAN and ASEM.

**14. Protection of Communities’ financial interests**

**A5-0376/2000**

**European Parliament resolution on the Commission communication ‘Protection of the Commu-**
**nities’ financial interests �The fight against fraud �For an overall strategic approach’**
**(COM(2000) 358 �C5-0578/2000 �2000/2279(COS))**

_The European Parliament,_

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having regard to the Commission communication (COM(2000) 358 �C5-0578/2000),

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having regard to Article 280(5) of the EC Treaty,

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having regard to Rule 47(1) of its Rules of Procedure,

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having regard to its resolutions of 19 January 2000 ( [1] ) containing its recommendations to the Commission on introducing protection under criminal law of the Union’s financial interests, of 13 April
2000 ( [2] ) containing its proposals for the Intergovernmental Conference (14094/1999 �C5-0341/
1999 �1999/0825(CNS)), and of 16 May 2000 ( [3] ) on the 1998 annual report by the Commission
on protecting the Communities’ financial interests and the fight against fraud (COM(1999) 590 �
C5-0058/2000 �2000/2032(COS)),

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having regard to the Court of Auditors’ contribution of 18 April 2000 to the Intergovernmental Conference, on improving the protection of the European Union’s financial interests,

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having regard to the conclusions of the Tampere European Council of 15/16 October 1999, in particular regarding the prevention of crime at EU level,

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having regard to the report of the Committee on Budgetary Control (A5-0376/2000),

A. whereas fraud against the Communities’ financial interests is a serious problem recognised as such and
condemned by all Member States of the Union, the scale of which could increase with the enlargement
of Community territory and the introduction of the euro,

B. whereas, ultimately, the victim of such fraud is the European taxpayer,

C. whereas the fight against fraud against the Communities’ financial interests must bring together police,
administrative and criminal law resources,

D. noting that, in the majority of cases, it is not possible either to recover the amounts unduly received
or to punish those responsible,

( [1] ) OJ C 304, 24.10.2000, p. 126.
( [2] ) ‘Texts Adopted’, Item 7.
( [3] ) ‘Texts Adopted’, Item 5.