Rådsmøde udenrigsministre 25-26/6 01 Pressemeddelelse (eng)

(Decisions for which statements for the Council minutes have been made available to the public are indicated by asterisks; the statements in question may be obtained from the Press Office.)

The Council approved a report on the review of the Common Position on human rights, democratic principles, the rule of law and good governance in Africa. The report is the sixth of its kind and covers the period between 26 November 2000 and 25 May 2001.

The Council adopted a decision on the conclusion of consultations with Côte d'Ivoire under Article 96 of the Cotonou Agreement. The Council had decided on 22 January 2001 to open new consultations in view of continuing difficulties in the political situation in the country. During the consultations, which took place on 15 February 2001, the EU took note of the commitments made by the Ivorian authorities. A regular and intensive dialogue was subsequently held in Abidjan to assess the progress. T he decision to conclude consultations reflects the fact that a number of significant measures have been taken by the Ivorian authorities, including the holding of local elections open to all political parties, the launching of a dialogue including all political parties, the initiation of a national debate on national reconciliation and the opening of legal proceedings concerning some major cases of human rights violations. These initiatives are a clear indication that a process is under way which should res tore social and political stability to the country.

However, the following points continue to give cause for concern and require continued monitoring: political initiatives to promote national reconciliation are still awaited and the dialogue including all political parties needs to be maintained; the appointment, in compliance with the principles of independence and neutrality, of the judges who will sit in the Ivorian high courts is still awaited; the investigations and legal proceedings concerning the acts of violence carried out during the year 2000 m ust be launched and/or accelerated and the public condemnation of expressions of xenophobia still need to be backed up by additional practical measures and an official policy statement.

Given that significant measures have already been taken, although some are still to be implemented, the Council has decided to resume co-operation gradually. Following a further review of the situation in January 2002, establishing that the undertakings have been fulfilled, full co-operation will be resumed.

"On the occasion of the United Nations International Day in Support of Victims of Torture (26 June), the European Union underlines the primary importance it attaches to the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment in all parts of the world. Torture and other cruel, inhuman or degrading treatment or punishment are among the most abhorrent violations of human rights and human dignity. This day is an occasion to speak up against this scourge, to be mindful of those who suffer under it and to pay tribute to those who combat torture and help victims overcome the physical and psychological pain.

Fourteen years ago, on 26 June 1987, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force. Since then 124 States, have ratified the Convention. Yet, torture continues to occur and perpetrators continue to go unpunished, even in countries that have ratified the Convention. This underscores the need for more intensive and concerted action, at national, regional and international level, towards the goal of global eradication of tortu re. It is in this context that the European Union in April of this year adopted Guidelines for an EU Policy Towards Third Countries on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, thus confirming the issue at the centre-stage of the Union's human rights policy. The Guidelines provide an operational tool for the EU to intervene in cases of torture and step up efforts to further reinforce respect for international norms and standards.

The European Union welcomes and supports the work done by the UN, the Council of Europe and the OSCE in the fight against torture. Co-operation by States with international mechanisms, such as the UN Special Rapporteur and the Committee Against Torture, is essential to make our international system of protection and promotion of human rights effective. The European Union supports the prompt adoption of an Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degr ading Treatment or Punishment, that provides an independent and efficient international visiting mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. The Union further actively supports the work of the UN Voluntary Fund for Victims of Torture. Through funding at the national and Community level, it also offers substantial support to organisations that provide medical, social, legal and other assistance to many men, women and children who are victims of tortu re with the aim of restoring their health and dignity as human beings.

The role played by human rights NGOs and human rights defenders deserves particular attention. They work selflessly, and often at great risk, to bring cases of torture to the attention of the international community and to assist those at risk of torture. The European Union is pleased with the contribution by the NGOs to make this day a living event. The dedicated involvement of many sectors such as civil society, including NGOs, professional engagement by lawyers, police, medical personn el and educators etc. as well as government action is required to find ways and means to combat torture.

We must all stand together to make the world free from torture."

"INTRODUCTION

PRINCIPLES

METHODS AND FOLLOW-UP

ANNEX to the Council Conclusions on the European Union’s Role in Promoting Human Rights and Democratisation in Third Countries

The Council adopted a Decision implementing Joint Action 1999/878/CFSP with a view to contributing to the European Union Co-operation Programme for Non-proliferation and Disarmament in the Russian Federation.

The objective of the programme is to support the Russian Federation in its efforts towards arms control and disarmament and to that end:

In accordance with Article 2 (2) of the Joint Action 1999/878/CFSP the following projects shall be included on the European Union Co-operation Programme for Non-Proliferation and Disarmament in the Russian Federation:

"Following the Göteborg European Council conclusions on Russia, the Council welcomed the Presidency report on rule of law, public institutions and civil society in Russia, with suggestions for further action by the European Union, as a useful basis for further discussions within the Union.

The consolidation of democracy, the rule of law and public institutions in Russia remains a priority for the European Union in its relations with Russia. Whilst recognising the substantial progress made in Russia during the past decade towards democracy, a pluralistic society with respect for human rights and a state based on the rule of law, the Council noted that considerable deficiencies still remain. These include the implementation of legislation a nd the functioning of public institutions, including the judiciary. The Council further noted the need to strengthen civil society. In this context, the Council reiterated that developments in Russia in some respects, notably with regard to the situation concerning the independence of media, remained matters of concern. The European Union will closely follow further developments in these areas.

The Council recalled that both Member States and the Community were already actively involved in support of rule of law, public institutions and civil society in Russia. The Council concluded that further efforts in this direction should be made, in close consultation with the relevant Russian counterparts, whereby full use should be made of the means and instruments at the Union's disposal, including the political dialogue, the Tacis and EIDHR programmes, as well as Member States ’ bilateral programmes.

Future efforts were suggested to include support to the strengthening of the judiciary and other legal institutions, NGOs, notably those active in the field of democracy and human rights, as well as the independence of media, notably on regional and local level. Efforts to bring Russian legislation into accordance with Council of Europe requirements, including the de jure abolition of death penalty, are important. Joint European Union and Council of Europe activities should be pro moted where appropriate.

The Council finally reiterated its serious concern over the situation in Chechnya and called for an urgent political solution to the conflict. Reported violations of human rights must continue to be thoroughly investigated in order to bring perpetrators to trial."

"The Council expresses its concern over the destabilising accumulations and spread of small arms and light weapons. It wishes to convey its deep concern at the tremendous humanitarian problem caused by the spread of these weapons, which constitutes an obstacle to the reconstruction, economic development and restoration of normal living conditions in the affected countries, including the return of refugees, preventing by the same token humanitarian aid to reach those mostly in need of it.

The Council underlines the high priority it attaches to a successful outcome of the UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (New York, 9-20 July 2001).

The Council recalls its efforts to deal with the problem of small arms and light weapons, in particular through the EU Programme for Preventing and Combating Illicit Trafficking in Conventional Arms, the EU Code of Conduct on Arms Exports, the Joint Action on the EU contribution to Combating the Destabilising Accumulation and Spread of Small Arms and Light Weapons, and the Council Resolution on the Combating of Excessive and Uncontrolled Accumulation an d Spread of Small Arms and Light Weapons as part of Emergency Aid, Reconstruction and Development Programmes.

The Council also recalls the active role played by the EU in the adoption of the OSCE Document on Small Arms and Light Weapons by the OSCE Forum for Security Co-operation on 24 November 2000, and the negotiations on the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transitional Organised Crime.

The Council expresses its conviction that an effective response to the suffering and insecurity

caused by small arms and light weapons, as well as related issues such as child soldiers, requires a comprehensive Programme of Action with a combination of demand and supply side strategies together with programmes for disarmament, demobilisation and reintegration of ex-combattants, as well as confidence-building, conflict resolution, capacity-building and development. The Programme of Action should outline ways for continued action in these areas.

The Council urges all States to contribute to the adoption by the Conference of a comprehensive Programme of Action."

The Council took note of the Annual report on the implementation of the EU joint Action of 17 December 1998 on the EU's contribution to combating the destabilising accumulation and spread of small arms and light weapons and the EU Programme on illicit trafficking in conventional arms of June 1997.

The Report focuses on the following aspects:

• priorities for future EU assistance.

The Council approved the EU position regarding the Action Plan with a view to the next stage of negotiations with Japan.

At the July 2000 EU-Japan Summit in Tokyo, the two sides had agreed to further strengthen their bilateral relationship and express this in a new political commitment. They had agreed to elaborate an EU-Japan Action Plan for a ten year period, to be approved by the next EU-Japan Summit [check (to be held in Europe, the date still to be agreed)].

The proposed Action Plan "Shaping our Common Future", addresses four main objectives: (i) Promoting Peace and Security; (ii) Strengthening the Economic and Trade Partnership Utilising the Dynamism of Globalisation for the Benefit of All; (iii) Coping with Global and Societal Changes and (iv) Bringing Together People and Cultures.

1. The Council reviewed EU policy towards China. It did so in preparation for the fourth EU-China Summit in Brussels on 5 September 2001 and in light of the more prominent international role of both EU and China as well as their increasing political and economic weight. The Council was determined to enhance the coherence and consistency of EU policy towards China.

2. The Council recognised the scale of the economic and social reform process in China, the steps taken towards a more open society, and the remarkable progress made in reducing poverty. It also noted the efforts by the Chinese Government to develop the legal system. At the same time the Council considered it of critical importance that measures be taken by China to improve the situation of human rights and rule of law on the ground, in order to establish a democratic society with respect for human right s and individual freedoms. The EU sought broadened economic relations and trade with China, welcomed China's integration into the world trading system and looked forward to its accession to the WTO as rapidly as possible. It also emphasised that China would need to further address a number of significant challenges, such as regional and social disparities, mass unemployment, protection of the environment and the creation of a social security system.

3. The Council welcomed the Communication from the Commission on an EU Strategy towards China: Implementation of the 1998 Communication and Future Steps for a more Effective EU Policy. COM(2001)265, 15 May 2001, as a means of deepening and expanding relations in all areas where it is mutually beneficial and as an illustration of the potential for the future of the EU-China relationship. It endorsed the broad lines of the analysis and recommendations proposed in the Communication.

4. The Council confirmed that the basic objectives set out in its conclusions of June 1998 remain valid, namely (i) the further engagement of China in the international community, (ii) its transition to an open society based on the rule of law and respect for human rights, (iii) its integration into the world economy, (iv) better use of existing EU resources and (v) a higher EU profile in China. In order to pursue those objectives, the Council identified key short and medium term priorities, as set out b elow:

5. The Council welcomed the development of the political dialogue, covering a wide range of issues and concerns, while underlining the need for greater coherence and continuity as well as better linkages between the dialogues at different levels and between the dialogue and co-operation programmes. The Council requested the Political and Security Committee to evaluate, at least once a year, the outcome and effectiveness of the political dialogue and, where necessary, to propose adjustments.

6. The EU should use the political dialogue to pursue the Union's interest in peace, security and freedom both in East and South East Asia and globally, and to improve co-operation with China on multilateral issues and transnational challenges. This would include support for a peaceful resolution of differences across the Taiwan Straits and of the territorial disputes in the South China Sea. It would also include co-operation in multilateral fora, such as the UN, ASEM and the ASEAN Regional Forum on issu es including peacekeeping, conflict prevention and confidence building, as well as discussion of global environmental issues. The EU also has a continuing interest in monitoring developments in Hong Kong and Macao to ensure continued respect for their respective Joint Declarations and Basic Laws.

7. The Council decided to propose to China to enhance the political dialogue in accordance with the modalities set out in the Annex. In addition to the human rights dialogue, dialogues on non-proliferation, arms control and disarmament should be held on a regular basis, in order to address the EU's concern regarding the proliferation of weapons of mass destruction and their means of delivery. In view of the arms export policies pursued by China, a dialogue should also be maintained in this area. The obje ctive should be to ensure China's integration as a responsible and constructive partner, e.g. by engaging in the Conference on Disarmament, by ratifying the CTBT and refraining from exporting military equipment and dual use technology to countries of concern.

8. The Council noted with satisfaction that the EU and China had recently taken steps towards closer co-operation in the fields of illegal migration and trafficking in human beings and hoped that similar progress could shortly be made to combat transnational organised crime, money laundering, international terrorism and trafficking in drugs.

9. The Council stressed its deep concern about the human rights situation in China and reaffirmed its conclusions of 22 January and 19 March 2001. It remained strongly concerned at the lack of respect for fundamental freedoms in China, including the continuing widespread restrictions on freedom of assembly, expression and association, the violations of freedom of religion and belief, the situation of minorities, including in Tibet and Xinjiang, and the frequent and extensive recourse to the death pen alty. It underlined the importance that concrete steps be taken by the Chinese Government to improve the human rights situation in the country. Early ratification and implementation of the Covenant on Civil and Political Rights, implementation of the Covenant on Economic, Social and Cultural Rights and co-operation with UN human rights mechanisms were essential in this respect. The Council restated its view that the Union's dialogue with China on human rights was an acceptable option only if real progress w as achieved on the ground. It recalled its decision to adopt measures to improve the dialogue and to continue to assess the results on a regular basis. It repeated its desire to make the dialogue more transparent and reaffirmed the specific areas where the EU will be seeking progress. It stressed the importance of deepening the co-operation with China in this field and welcomed the intention of the Commission to define appropriate priorities for co-operation programmes, so as to complement the human rights dialogue. It welcomed the EU-China human rights seminars, which supported the dialogue.