|
16.12.2015 |
EN |
Official Journal of the European Union |
C 419/159 |
P7_TA(2012)0459
Negotiations for an EU-Kazakhstan enhanced partnership and cooperation agreement
European Parliament resolution of 22 November 2012 containing the European Parliament’s recommendations to the Council, the Commission and the European External Action Service on the negotiations for an EU-Kazakhstan enhanced partnership and cooperation agreement (2012/2153(INI))
(2015/C 419/24)
The European Parliament,
|
— |
having regard to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Kazakhstan, of the other part, which entered into force on 1 July 1999 (1), |
|
— |
having regard to the negotiations authorised by the Council on 24 May 2011 and opened in Brussels in June 2011 on an enhanced EU-Kazakhstan Partnership and Cooperation Agreement, |
|
— |
having regard to its resolutions on Kazakhstan, in particular that of 15 March 2012 (2) and that of 17 September 2009 on the case of Yevgeny Zhovtis (3), and to that of 7 October 2010 on the World day against the death penalty (4), |
|
— |
having regard to its resolution of 15 December 2011 on the state of implementation of the EU Strategy for Central Asia (5), |
|
— |
having regard to the EU Strategy for a New Partnership with Central Asia: ‘The European Union and Central Asia: Strategy for a New Partnership’, adopted by the European Council on 21—22 June 2007, and to the progress reports of 24 June 2008 and 28 June 2010, |
|
— |
having regard to the EU’s statements on Kazakhstan in the OSCE Permanent Council, of 3 November and 22 December 2011 and 19 January, 26 January and 9 February 2012, and to the statements by EU HR/VP Catherine Ashton on the events in the Zhanaozen district of 17 December 2011 and on the 15 January 2012 parliamentary elections in Kazakhstan (made on 17 January 2012), |
|
— |
having regard to the statement of preliminary findings and conclusions of the OSCE/ODIHR-led mission observing the 15 January 2012 parliamentary elections, |
|
— |
having regard to the statement on the media situation in Kazakhstan made by the OSCE Representative on Freedom of the Media on 25 January 2012, |
|
— |
having regard to the general provisions on the Union’s external action laid down in Article 21 TEU, and the procedure for the conclusion of international agreements set out in Article 218 TFEU, |
|
— |
having regard to the commitments made by the High Representative in her letters of 24 November 2011 and 11 May 2012 concerning a mechanism to monitor the implementation of the EU-Turkmenistan PCA and in particular of its Article 2, |
|
— |
having regard to paragraph 23 of its resolution of 16 February 2012 on the 19th Session of the UN Human Rights Council (6), |
|
— |
having regard to the new EU Strategic Framework and Action Plan on Human Rights and Democracy adopted by the EU foreign ministers, and to the conclusions adopted at the 3179th Foreign Affairs Council meeting of 25 June 2012, |
|
— |
having regard to the statement to the European Parliament on Kazakhstan delivered on behalf of High Representative Catherine Ashton by the Danish Foreign Minster, Villy Søvndal, on 14 March 2012 (A 122/12), |
|
— |
having regard to Rules 90(4) and 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0355/2012), |
|
A. |
whereas the EU and Kazakhstan aspire to deepen and broaden their relations; whereas the peoples of the EU and Kazakhstan should benefit mutually from closer cooperation; whereas the conclusion of the new PCA negotiation should provide a comprehensive framework for cooperation based on human and democratic rights, as well as opportunities for socio-economic development and for the necessary political and economic reforms; whereas social and economic development are closely interconnected; |
|
B. |
whereas although the suspension of the application of any PCA has been used only rarely and partially by the Council, it remains a viable option in case of serious and documented breaches of human rights; |
|
C. |
whereas Kazakhstan has played a positive role in Central Asia, making efforts to develop good neighbourly relations with bordering countries, resume regional cooperation and resolve all bilateral issues by peaceful means; |
|
D. |
whereas Parliament, in order to be able to fulfil its function of political scrutiny, needs to have available to it full information allowing it to closely follow developments in Kazakhstan and the implementation of the PCA in line with its recommendations and resolutions; |
|
E. |
whereas Kazakhstan has been admitted to the Venice Commission of the Council of Europe; whereas during the negotiations for an enhanced PCA the EU and Kazakhstan need to find a common language on human rights and democracy; |
|
F. |
whereas Kazakhstan held the OSCE chair in 2010; whereas the commitments made to bring media law into line with international standards, liberalise registration requirements for political parties by the end of 2008, and incorporate the recommendations of the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) into the electoral law, still need to be fulfilled; |
|
G. |
whereas, notwithstanding the Kazakh government’s stated ambition to strengthen Kazakhstan’s democratic process and to conduct elections in line with international standards, the general elections held on 15 January 2012 were deemed by the OSCE not to be in line with its standards, given widespread voting irregularities and the failure to provide the necessary conditions for the conduct of genuinely pluralistic elections; |
|
H. |
whereas after the tragic events of December 2011 in Zhanaozen, opposition parties, independent media, trade unions, activists and human rights defenders have become targets of repression, including detentions without proven violation of law which could be considered as politically motivated; |
|
I. |
whereas there is an ongoing open and constructive dialogue between MEPs, official representatives of Kazakhstan, representatives of civil society and NGOs on issues of mutual interest; |
|
J. |
whereas the Kazakh authorities have recently undertaken important efforts in terms of cooperation with NGOs in West Kazakhstan, in order to improve the situation for the inhabitants of the region, and in particular for workers on strike; |
|
K. |
whereas 37 people have been put on trial on charges of organising or participating in mass unrest, and 34 of these have been convicted, of whom 13 will serve time in prison, among them prominent leaders and activists from the oil workers’ strike, including Talgat Saktaganov, Roza Tuletaeva and Maksat Dosmagambetov; whereas in July 2012 the UN High Commissioner for Human Rights, Navi Pillay, following her two-day visit to Kazakhstan, called on the authorities to authorise an independent international investigation into the events of Zhanaozen, their causes and their aftermath; |
|
L. |
whereas the International Monitoring Mission of Civic Solidarity concludes in its preliminary report that the Zhanaozen trials cannot be considered as compliant with fair trial standards, and that the investigation into the events of December 2011 was neither full nor independent; whereas the accused and some witnesses were victims of violations of their rights during the pre-trial stage, including the alleged use of torture, denial of access to an attorney, intimidation, and fabrication of evidence; whereas the defendants’ testimony offered at their trials concerning ill-treatment and torture during their pre-trial detention was not fully, impartially and thoroughly investigated in a manner capable of holding the perpetrators responsible; whereas on 7 October 2012, Aleksandr Bozhenko, a witness to the tragic events in Zhanaozen, was killed; |
|
M. |
whereas Vladimir Kozlov, the leader of the opposition party ALGA, has been found guilty of ‘inciting social discord’, ‘calling for the forcible overthrow of the constitutional order’ and ‘creating and leading an organised group with the aim of committing crimes’, and has been sentenced to seven and a half years in prison; whereas Akzhanat Aminov, an oil worker from Zhanaozen, and Serik Sapargali, a civil society activist, have been convicted on similar charges and have been handed down a five-year and four-year suspended sentences respectively; |
|
N. |
whereas on 17 February 2012 the President of Kazakhstan signed several laws aimed at improving the legal basis for labour relations, workers’ rights and social dialogue and strengthening the independence of the judiciary; whereas despite these attempts, the right of individuals to associate, to organise and to register independent trade unions, the right to collective bargaining and the right to strike are not being fully respected, and a fully independent judiciary is not in place; whereas the amendments to the Labour Code, in particular amended articles 55, 74, 266, 287, 289, 303, and 305, mark a regression in the field of labour relations, workers’ rights and social dialogue and a breach of the conditions laid down in ILO and other international conventions; |
|
O. |
whereas the EU is a key trading partner for Kazakhstan and the biggest investor in the country; whereas Kazakhstan has clearly expressed its wish to approximate to the EU’s standards and its social and economic models, which will entail a thorough reform of the Kazakh state and public administration; |
|
P. |
whereas Kazakhstan plays an important role in securing regional stabilisation, and can become a bridge between the EU and the whole Central Asian region; |
|
Q. |
whereas Kazakhstan has achieved significant results in the areas of poverty reduction, public health and education; |
|
R. |
whereas the EU is heavily dependent on imports of mined phosphate rock in order to sustain its agriculture and technical production; whereas Kazakhstan supplies many countries with white phosphorus and the Commission initiated an anti-dumping procedure against imports of white phosphorus from Kazakhstan in December 2011; |
|
1. |
Welcomes Kazakhstan’s political will and practical engagement to further deepen partnership with the EU and the opening of the negotiations for an EU-Kazakhstan partnership and cooperation agreement (PCA); |
|
2. |
Addresses the following recommendations to the Council, the Commission and the HR/VP, calling on them to: On the conduct of the negotiations
Political dialogue and cooperation
Human rights and fundamental freedoms
Economic cooperation
Other provisions
|
o
o o
|
3. |
Instructs its President to forward this resolution containing the European Parliament’s recommendations to the Council, the Commission, the HR/VP and the Government and Parliament of the Republic of Kazakhstan. |
(1) OJ L 196, 28.7.1999, p. 1; OJ L 248, 21.9.1999, p. 35.
(2) Texts adopted, P7_TA(2012)0089.
(3) OJ C 224 E, 19.8.2010, p. 30.
(4) OJ C 371 E, 20.12.2011, p. 5.
(5) Texts adopted, P7_TA(2011)0588.
(6) Texts adopted, P7_TA(2012)0058.