Strasbourg, 16/01/2003 (Agence Europe) - On Wednesday in Strasbourg, with the backing of the Liberals, the Left groups defeated the attempt by Christian Democrats and Conservatives to water down the report by Dutch Socialist Joke Swiebel on fundamental rights in the European Union (see EUROPE 14 January p 7). By a very small majority (274 votes for, 269 against and 14 abstentions), the European Parliament adopted, with very few amendments, a report that applies to every Member State.
The voting opened with a rejection (246 for, 269 against and 5 abstentions) of an alternative resolution presented in the form of an amendment replacing all the text of the resolution contained in Ms Swiebel's report. This text was presented by José Ribeiro (UEN, Portugal), with EPP-ED backing, which considered that, "at this moment in time, the most serious blows against fundamental human rights in the area of the European Union and which deserve to be condemned by all, are the terrorist attacks that have taken place in certain Member States, as well as the clear threat since 11 September 2001 of international terrorism". The text then called on Parliament to reiterate its support for measures in the war on terrorism. The rest of the text focused on congratulating Member States for ratifying the different international conventions. The European Parliament also rejected several EPP-ED amendments that sought to get rid of the paragraphs in the report on: 1) introducing more flexibility on naturalisation procedures; 2) the fight against discrimination against homosexuals; 3) the allocation of votes and eligibility for foreign nationals to vote in local and European elections after three years of legal residence; 4) conscientious objection in Greece and Finland; 5) the demonstrations at Genoa during the G8 demonstrations. All these elements were therefore approved by the European Parliament, including a recommendation to Member States to "recognise non-marital relations, between both people of different and the same sex and of associating these type of relationships into equal rights in the same way as those pertaining to marriage" (284 for, 247 against and 20 abstentions). The only success of the EPP was to get rid of a paragraph that called on Member States to expand the concept of marriage to people of the same sex (279 for getting rid of it, 259 against and 9 abstentions).
The Parliament also recommends that Member States fight against the illegal activities of sects that threaten the physical or mental activities of individuals (amendment by Ms Swiebel and Ms Terron I Cusi for the PES). Parliament also stressed that it would be necessary to inspect monopolies by looking at factors such as respect for human rights and freedom of expression and not just economic indicators. In this context, Parliament declared that it was worried by the situation in Italy, where a substantial portion of the media and advertising industry is owned - in many different guises - by the same person. It also pointed out that such a situation could constitute a serious violation of fundamental rights as laid down in Article 7 of the Treaty on the EU and that amended in the Treaty of Nice (PES amendment).
During Monday evening's debate, Ms Swiebel highlighted the risks of the new anti-terrorist measures to fundamental freedoms. She also referred to the many problems that persist in the EU with regard to discrimination, racism and xenophobia or that of respecting international conventions (notably that of the OIT) by Member States. After having insisted on the need to fight against discrimination and the promotion of the integration of legal residents of foreign origin, Commissioner Antonio Vitorino pointed out that an experts' network in charge of assessing respect for the Charter of Fundamental Rights had been set up in October 2002 and which had to keep the EP and Commission informed about the repercussions of anti-terrorist measures. Thierry Cornillet (France) attempted to justify the no vote for the EPP-ED by criticising the rapporteur for having not kept to the wording of the Charter of Fundamental Rights (whereas the report adopted the tone of the Charter: Editor's note) and had not adhered to Parliament's methodology, particularly in the area of the joint work of rapporteurs over a consecutive three year period. Mr Cornillet explained that Ms Swiebel and Fodé Sylla (Left Unity, France), who will be the next rapporteur, had never met. Carefully avoiding any mention of the paragraphs in the report that upset the EPP, Mr Cornillet was keen to explain that Ms Swiebel had gone much further than the rights in the Charter by choosing a "militant road" instead of consensus. He also alluded to the "irresponsible and demagogic attitude of the PES", exclaiming that "That the report is worth nothing! Spanish Socialist, Anna Terron I Cusi stated that, "It's a disgrace that the report has provoked conflict" and highlighted the propensity of Parliament to adopt resolutions on third countries and that it would only be able but once a year to reach an agreement on the situation that existed within the EU. Swedish Liberal Olle Schmidt brought the support of his group the ELDR to the report, which "demonstrates that the situation in all Member States could clearly be improved" and alludes to shortcomings in prisons, excesses committed by the police, as well as racism and xenophobia. Speaking on behalf of the GUE/NGL group, the Spaniard Laura Gonzalez Alvarez focused on social and housing rights. She highlighted that 7 Member States were not respecting the European Social Charter. British Green Jean Lambert provided the support of the Greens/EFA group to the report and mentioned how the Roms/gypsies were being treated in the EU, while the EU never missed an opportunity of calling candidate countries to book over various issues. Italian Radical Maurizio Turco also declared that he agreed with the content of the report and welcomed the courageous approach of the rapporteur who chose to name the Member States that had not yet ratified the international conventions. "We can certainly not accept the model of the family proposed by the rapporteur", declared Giacomo Santini (Forza Italia), asserting that, "the majority of citizens do not see homosexual union as the way to build the European society of tomorrow". Greek EPP member Ioannis Marinos believed that the accusation that Greece did not allow women onto Mount Athos "undermines the credibility of the report". He also explained that the mountain belonged to 5000 monks who are therefore protecting "their home" like anyone else would do so in seeking to be left in peace.
The adoption of this resolution provoked a range of disagreements. "This report is an outrageous intrusion into the domestic affairs of the UK and other Member States", complained British Conservative Timothy Kirkhope, attacking the criticism made of the anti-terrorist law adopted in his country in 2001, as well as British prisons. Mr Kirkhope added that, "The reality is that we live in a dangerous world in which our liberty is threatened by terrorists, dictators and violent criminals". Other MEPs, on the contrary, welcomed certain controversial passages that were finally approved by the plenary, although the vote was very close. British Liberal, Sarah Ludford, welcomed the points in the resolution favouring "legal recognition of non-married or same-sex partnerships", noting that legislation on the subject varied from one Member State to another and that couples who have legal rights at home could not rely on being treated the same throughout the EU. The question will be put to a vote "on modernising EU free movement rights, she explained, in a reference to the Santini report at the Civil Liberties committee next Tuesday. MEPs from Democratici di sinistra, Pasqualina Napoletano and Elena Paciotti focused on worries about the media in Italy and the "disproportionate use of force" during the G-8 Summit in Genoa in July 2001: noting that Italy would be Presiding the EU Council as from July and that this would form the basis "for an obvious appeal to the Italian government's sense of political responsibility". (They were also pleased to see that the Charter o Fundamental Rights is "now the compass orientating the Union's assessments"). Italian Radical Maurizio Turco, was keen to point out that in this vote, there was no opposition between the "two coalitions" like those in Italy; "the real political confrontation was that on sexual freedom and family rights" and that the MEPs from Lista Bonino had provided a decisive contribution on these issues.