17 de dezembro de 2009
Projecto de resolução do PE sobre Aminatou Haidar e o Sará Ocidental
Este texto mereceu o consenso de todos os Grupos Politicos, depois de uma demorada e dificil negociação, ontem de manhã.
A votação foi, entretanto, adiada.
EUROPEAN PARLIAMENT 2009 - 2014
Session document
Strasbourg, 16.12.2009
European Parliament resolution on Western Sahara: the case of Aminatou Haidar
The European Parliament,
– having regard to United Nations Security Council resolutions 1204, 1215, 1282, 1292, 1495, 1541, 1570, 1589, 1754, 1783, 1813 and 1871 and to the latest report by the United Nations High Commissioner for Human Rights,
– having regard to the UN Secretary-General's latest report to the Security Council on Western Sahara (14 April 2008),
– having regard to the conclusions in the March 2009 report by its ad hoc delegation, in particular the report's recommendations on respect for and monitoring of human rights in the Western Sahara,
– having regard to its resolutions on Western Sahara, in particular that of 27 October 2005,
– having regard to the Euro-Mediterranean Association Agreement between the European Union and the Kingdom of Morocco, which came into force on 1 March 2000, and in particular to Article 2 thereof, and to the EU statement regarding the 8th EU-Morocco Association Council meeting of 7 December 2009,
– having regard to the United Nations International Covenant on Civil and Political Rights, signed by both Spain and the Kingdom of Morocco, Article 12(4) of which lays down that 'no one shall be arbitrarily deprived of the right to enter his own country',
– having regard to the United Nations Human Rights Council's Universal Periodic Review of 9 June 2008 on Morocco,
– having regard to the Swedish Presidency's statement of 11 December 2009,
– having regard to Rule 122(5) of its Rules of Procedure,
A. whereas the Kingdom of Morocco's expulsion of Sahrawi human rights activist Aminatou Haidar (former nominee for the European Parliament's Sakharov Prize, Robert F. Kennedy Human Rights Award laureate in 2008, and laureate of the Civil Courage Prize of the Train Foundation in New York City) and her subsequent transfer to Lanzarote airport, after having had her identity documents seized at Laayoune for refusing to acknowledge Moroccan nationality and for giving Western Sahara as her place of residence, constitute a flagrant breach of international law by Morocco,
B. whereas the procedure for Aminatou Haidar's entry into Spain is sub judice,
C. whereas as a result of these facts, condemned by the international community and the United Nations Organisation, Aminatou Haidar went on hunger strike on 15 November 2009 in order to denounce her expulsion from Morocco and to demand her return to Laayoune, so that she could be near her children,
D. whereas Aminatou Haidar has not accepted any of the options given to her by the Spanish Government, not even the offer of a Spanish passport, since none of them guarantees her return to Laayoune,
E. whereas, in its statement, the Swedish EU Presidency called on Morocco to meet its 'international human rights obligations' and expressed its concern for Aminatou Haidar's health,
F. whereas the joint document with a view to establishing Morocco's 'advanced status', adopted at the Association Council meeting on 13 October 2008, provides for dialogue and cooperation to be stepped up on issues relating to human rights and to fundamental freedoms and, in particular, for Morocco's gradual accession to Council of Europe conventions,
G. whereas the Moroccan Government has threatened the European Union with reprisals in the areas of immigration and security,
H. whereas the EU remains concerned by the Western Sahara conflict and its regional consequences and implications, including the human rights situation in Western Sahara, and fully supports the efforts by the UN Secretary-General and his Personal Envoy in order to find a just, lasting and mutually acceptable political solution which will allow the self-determination of the people of Western Sahara as set forth in the United Nations resolutions,
I. whereas seven Sahrawi human rights defenders were arrested on their return from visiting the Sahrawi refugee camps, and whereas they are to be tried in Morocco by a military tribunal and face the death penalty,
1. Calls on the Kingdom of Morocco to allow Aminatou Haidar to return to Western Sahara without delay, in accordance with Article 12(4) of the United Nations International Covenant on Civil and Political Rights, and calls for her documents to be returned to her; insists that her physical well-being be safeguarded and backs all humanitarian solutions to ensure respect for her dignity and her right to be reunited with her children and family without hindrance;
2. Voices its utmost concern at the deterioration in Aminatou Haidar's health and its profound respect for her right to champion her own cause;
3. Calls on the authorities of Spain, to whose territory Aminatou Haidar was transferred against her will, to continue giving her assistance and doing whatever is necessary to provide her with all the help and support needed to restore her lawful rights;
4. Calls on the Council to provide clear support for resolving Aminatou Haidar's situation and, specifically, on the Commission and the High Representative for Foreign Affairs and Security Policy, as well as on the UNO, to step up representations to the Kingdom of Morocco, invoking the advanced-partnership status linking Morocco and the EU, so that, under its international obligations, Morocco allows Aminatou Haidar to return to her country;
5. Calls on the Moroccan Government, in accordance with the provisions of the Association Agreement between Morocco and the EU, to respect the rights of Sahrawi human rights defenders, and of all persons under its jurisdiction, and the full exercise of fundamental rights and freedoms, in particular the right to free movement and to freedom of expression, association and assembly, with due regard for the international human-rights conventions ratified by Morocco and the International Covenant on Civil and Political Rights;
6. Calls for the protection of the Sahrawi people and expresses its support for a just and lasting solution to the conflict in Western Sahara, based on the rule of law and on international law, and the relevant resolutions of the UN Security Council, particularly Resolution 1495;
7. Backs its ad hoc delegation's recommendation calling for the Security Council to include monitoring of the human rights situation in the region (Western Sahara and Tindouf camps) in the UNO mandate with the agreement of the parties concerned;
8. Calls on the Commission and the High Representative for Foreign Affairs and Security Policy to monitor the human rights situation in Western Sahara and to dispatch regular fact-finding missions to the region, in accordance with Article 2 of the EU-Morocco Association Agreement;
9. Agrees that, as in January 2009, a European Parliament delegation should be sent to the Western Sahara in order to learn about the human rights situation on the spot;
10. Instructs its President to forward this resolution to the Council, the Commission, the
High Representative of the Union for Foreign Affairs and Security Policy, the UN Secretary-General, the Secretary-General of the African Union, the European Parliament Delegation for relations with the Maghreb countries and the Arab Maghreb Union, the Bureau of the Euro-Mediterranean Parliamentary Assembly, the Parliament and Government of Spain and of Morocco, and the Polisario Front.
A votação foi, entretanto, adiada.
EUROPEAN PARLIAMENT 2009 - 2014
Session document
Strasbourg, 16.12.2009
European Parliament resolution on Western Sahara: the case of Aminatou Haidar
The European Parliament,
– having regard to United Nations Security Council resolutions 1204, 1215, 1282, 1292, 1495, 1541, 1570, 1589, 1754, 1783, 1813 and 1871 and to the latest report by the United Nations High Commissioner for Human Rights,
– having regard to the UN Secretary-General's latest report to the Security Council on Western Sahara (14 April 2008),
– having regard to the conclusions in the March 2009 report by its ad hoc delegation, in particular the report's recommendations on respect for and monitoring of human rights in the Western Sahara,
– having regard to its resolutions on Western Sahara, in particular that of 27 October 2005,
– having regard to the Euro-Mediterranean Association Agreement between the European Union and the Kingdom of Morocco, which came into force on 1 March 2000, and in particular to Article 2 thereof, and to the EU statement regarding the 8th EU-Morocco Association Council meeting of 7 December 2009,
– having regard to the United Nations International Covenant on Civil and Political Rights, signed by both Spain and the Kingdom of Morocco, Article 12(4) of which lays down that 'no one shall be arbitrarily deprived of the right to enter his own country',
– having regard to the United Nations Human Rights Council's Universal Periodic Review of 9 June 2008 on Morocco,
– having regard to the Swedish Presidency's statement of 11 December 2009,
– having regard to Rule 122(5) of its Rules of Procedure,
A. whereas the Kingdom of Morocco's expulsion of Sahrawi human rights activist Aminatou Haidar (former nominee for the European Parliament's Sakharov Prize, Robert F. Kennedy Human Rights Award laureate in 2008, and laureate of the Civil Courage Prize of the Train Foundation in New York City) and her subsequent transfer to Lanzarote airport, after having had her identity documents seized at Laayoune for refusing to acknowledge Moroccan nationality and for giving Western Sahara as her place of residence, constitute a flagrant breach of international law by Morocco,
B. whereas the procedure for Aminatou Haidar's entry into Spain is sub judice,
C. whereas as a result of these facts, condemned by the international community and the United Nations Organisation, Aminatou Haidar went on hunger strike on 15 November 2009 in order to denounce her expulsion from Morocco and to demand her return to Laayoune, so that she could be near her children,
D. whereas Aminatou Haidar has not accepted any of the options given to her by the Spanish Government, not even the offer of a Spanish passport, since none of them guarantees her return to Laayoune,
E. whereas, in its statement, the Swedish EU Presidency called on Morocco to meet its 'international human rights obligations' and expressed its concern for Aminatou Haidar's health,
F. whereas the joint document with a view to establishing Morocco's 'advanced status', adopted at the Association Council meeting on 13 October 2008, provides for dialogue and cooperation to be stepped up on issues relating to human rights and to fundamental freedoms and, in particular, for Morocco's gradual accession to Council of Europe conventions,
G. whereas the Moroccan Government has threatened the European Union with reprisals in the areas of immigration and security,
H. whereas the EU remains concerned by the Western Sahara conflict and its regional consequences and implications, including the human rights situation in Western Sahara, and fully supports the efforts by the UN Secretary-General and his Personal Envoy in order to find a just, lasting and mutually acceptable political solution which will allow the self-determination of the people of Western Sahara as set forth in the United Nations resolutions,
I. whereas seven Sahrawi human rights defenders were arrested on their return from visiting the Sahrawi refugee camps, and whereas they are to be tried in Morocco by a military tribunal and face the death penalty,
1. Calls on the Kingdom of Morocco to allow Aminatou Haidar to return to Western Sahara without delay, in accordance with Article 12(4) of the United Nations International Covenant on Civil and Political Rights, and calls for her documents to be returned to her; insists that her physical well-being be safeguarded and backs all humanitarian solutions to ensure respect for her dignity and her right to be reunited with her children and family without hindrance;
2. Voices its utmost concern at the deterioration in Aminatou Haidar's health and its profound respect for her right to champion her own cause;
3. Calls on the authorities of Spain, to whose territory Aminatou Haidar was transferred against her will, to continue giving her assistance and doing whatever is necessary to provide her with all the help and support needed to restore her lawful rights;
4. Calls on the Council to provide clear support for resolving Aminatou Haidar's situation and, specifically, on the Commission and the High Representative for Foreign Affairs and Security Policy, as well as on the UNO, to step up representations to the Kingdom of Morocco, invoking the advanced-partnership status linking Morocco and the EU, so that, under its international obligations, Morocco allows Aminatou Haidar to return to her country;
5. Calls on the Moroccan Government, in accordance with the provisions of the Association Agreement between Morocco and the EU, to respect the rights of Sahrawi human rights defenders, and of all persons under its jurisdiction, and the full exercise of fundamental rights and freedoms, in particular the right to free movement and to freedom of expression, association and assembly, with due regard for the international human-rights conventions ratified by Morocco and the International Covenant on Civil and Political Rights;
6. Calls for the protection of the Sahrawi people and expresses its support for a just and lasting solution to the conflict in Western Sahara, based on the rule of law and on international law, and the relevant resolutions of the UN Security Council, particularly Resolution 1495;
7. Backs its ad hoc delegation's recommendation calling for the Security Council to include monitoring of the human rights situation in the region (Western Sahara and Tindouf camps) in the UNO mandate with the agreement of the parties concerned;
8. Calls on the Commission and the High Representative for Foreign Affairs and Security Policy to monitor the human rights situation in Western Sahara and to dispatch regular fact-finding missions to the region, in accordance with Article 2 of the EU-Morocco Association Agreement;
9. Agrees that, as in January 2009, a European Parliament delegation should be sent to the Western Sahara in order to learn about the human rights situation on the spot;
10. Instructs its President to forward this resolution to the Council, the Commission, the
High Representative of the Union for Foreign Affairs and Security Policy, the UN Secretary-General, the Secretary-General of the African Union, the European Parliament Delegation for relations with the Maghreb countries and the Arab Maghreb Union, the Bureau of the Euro-Mediterranean Parliamentary Assembly, the Parliament and Government of Spain and of Morocco, and the Polisario Front.
