The European Parliament,
- having regard to the 60th Session of the UN Commission on Human Rights (UNCHR), which will meet in Geneva from 15 March to 23 April 2004,

- having regard to the EU Treaty and its provisions on human rights,

- having regard to the Charter of Fundamental Rights of the European Union,

- having regard to the Commission communication to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries (COM(2001) 252) and its resolution of 25 April 2002 on that communication,

- having regard to its resolution of 4 September 2003 on human rights in the world in 2002 and European Union human rights policy¹,

- having regard to its previous resolutions on the UN Commission on Human Rights since 1996,

- having regard to its report on the relations between the EU and the United Nations organisation adopted on the 29 Januari 2004,

A. whereas one of the main objectives of the European Union must be to uphold the universality and indivisibility, as well as the interdependent and interrelated nature of all human rights - including civil, political, economic, social and cultural rights,

B. whereas the protection and promotion of human and fundamental rights are among the most fundamental principles of the Union,

C. whereas the promotion and defence of human rights, democracy and the rule of law are a high priority for the EU in all its relation with third countries in particular in its Common Foreign and Security Policy and in its Development and Cooperation policy,

D. condamnant avec force l´assassinat du Haut Commissaire aux Droits de l´Homme, Sérgio Vieira de Mello ainsi que celle des membres de son équipe à Bagdad le 19 août 2003,

E. whereas the UNCHR is the main UN body for the promotion and protection of human rights around the world,

F. welcoming EU initiatives tabled at the 59th session of the UNCHR, including 11 country resolutions and 2 thematic resolutions, and the numerous resolutions it co-sponsored, making the EU one of the most active players at the UNCHR,

G. se félicitant du renouvellement des résolutions sur la RDC, la Birmanie, le Burundi, le Timor oriental, le conflit du Moyen-Orient² et la Colombie, and new initiatives adopted on Belarus, North Korea and Turkmenistan,


H. concerned that no resolutions were adopted on countries in relation to which the European Parliament had called on the EU to sponsor or co-sponsor texts: China - in particular addressing the situation in Tibet and Xinjiang - , Algeria, Tunisia, Libya, Saudi Arabia Indonesia, the Central African Republic, Côte d´Ivoire, Iran, and Nepal.

I. whereas the fact that there is a Human rights dialogue between
the EU and a third country should not prevent the EU from submitting or supporting a resolution on the human rights situation in that country,

J. concerned by the fact that the resolutions on Sudan, Chechnya and Zimbabwe sponsored by the EU have been rejected by the UNCHR,

K. concerned in particular by the motion of "no-action" adopted on initiative of South Africa on Zimbabwe and by the absence of reference in the resolution on Cuba to the 78 peaceful pro-democracy activists condemned to long prison sentences in April 2003,

L. welcoming the fact that the 59th session condemned death penalty forcefully and made clear that the execution of juvenile is absolutely prohibited by international law,

M. se félicitant du renouvellement par consensus du mandat de la Représentante spéciale du Secrétaire Général des Nations Unies sur les Défenseurs des droits de l´Homme,

N. noting with satisfaction the adoption by the General Assembly of the United nations, on 18 december 2002, of the Optional Protocol to the Convention Against Torture, which was elaborated within the framework of the UNCHR and strongly supported by the EU,
O. welcoming the start of negociations, within the framework of the UNCHR, on a legally binding instrument against forced disappearances,

P. whereas the fight against terrorism must respect human rights and the rule of law,

Q. whereas a permanent and constructive interinstitutional dialogue between the European Pariliament, the Commission and the Council is essential to give consistency and coherence to the action of the EU and improve the quality of its preparation for the 60th session,


1. reaffirms that respecting, promoting and safeguarding human rights is part of the European Union´s ethical and legal acquis and one of the cornerstones of European unity and integrity;

2. calls on the EU to work for the universal ratification of all human rights instruments;

3. calls on the EU to work for the universal ratification of the Rome Statute of the International criminal Court and to ask States not to enter into bilateral 'non-surrender agreements';

4.calls on the EU to request that, as a prerequisite for membership to the UNCHR, governments should have ratified core human rights treaties, complied with their reporting obligations, issued open invitations to the UN human rights experts and not have been condemned by the UNCHR for human rights violations;

5. calls particularly upon new members of the UNCHR to use their term on the UNCHR to demonstrate their commitment to human rights;

6. calls on the EU to sponsor or co-sponsor a resolution to strengthen the special procedures of the UNCHR, including through allocating adequate resources to assist their effective functioning;

7. calls for strengthened consultation, cooperation and coordination between the EU and the UN, in particular the UNCHR;

8. recommends seeking with the Council and the Commission, arrangements to allow the President of the European Parliament to make a policy statement on behalf of the EP at the 60th session;

9. calls on the EU to promote the creation of a "Democracy caucus" at the UNCHR, where all the countries belonging to the "Community of democracies" can meet in order to determine a common position on the basis of the UNCHR´s agenda;

10. regrets however that no country mechanisms was created with respect to the countries newly targeted at the 59th session such as Belarus, Nort Korea and Turkmenistan;

11. calls on the EU to sponsor or co-sponsor resolutions on China - in particular addressing the situation in Tibet and Xinjiang - , Cuba, Algeria, Tunisia, Libya, Saudi Arabia Indonesia and in particular in Aceh, the Central African Republic, Côte d´Ivoire, Iran , Nepal, Zimbabwe, Sudan, Chechnya, Belarus;

12. stresses that the human rights dialogue should not be considered as a replacement for the mechanisms of the UNCHR;

13.calls on the EU to urge the States where remains death penalty to act in accordance with resolution 2003/67 adopted at the 59th session of the UNCHR and to introduce immediately a moratorium on executions;

14. calls on the EU to give due attention to the question of impunity in respect of violations of international human rights and humanitarian law;

15. calls on the EU to give due attention to the question of the protection of human rights defenders;

16. calls on the EU to sponsor or co-sponsor resolutions on : human rights and terrorism; impunity; torture; human rights defenders; sexual orientation;

17. calls on the EU to sponsor a resolution calling on the US to clarify the situation of the prisoners in Guantanamo or those recently transferred and reiterates its call for a UN monitoring mechanism to be established in order to monitor and analyse the human rights impact of counter-terrorism measures in all countries;

19. reaffirms the need for a coordinated, concerted and well-prepared approach on the part of the European Union prior to, during and after the UNCHR 60th session so as to ensure an efficient and effective contribution to its proceedings;


20. asks the Conference of Presidents of the EP to establish an ad hoc delegation of Members of the European Parliament to attend the UNCHR and to establish regular contacts with the bodies and representatives of the Council, the Member States and the Commission which are coordinating the EU initiatives on the UNCHR;

21. Expects the Council and the Commission to report back in full to Parliament in plenary session on the outcome of the UNCHR no later than May 2003 and points out that this report should outline in detail not only the issues on which the EU and its taken by the EU during the UNCHR session, but also when and why such sponsoring was not undertaken;

22. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations, the Council of Europe,and the governments of the countries mentioned in this resolution.

1 PS_TA(2003)0375

2 Situation in occupied Palestine (2003/3), Human rights in the occupied Syrian Golan (2003/5),
Question of the violation of human rights in the occupied Arab territories, including Palestine (2003/6), Israeli settlements in the occupied Arab territories (2003/7), human rights situation of the lebanese detainees in Israêl (2003/8).