ΕΡΩΤΗΣΕΙΣ ΣΤΟ ΕΥΡΩΚΟΙΝΟΒΟΥΛΙΟ / ΟΙΚΟΝΟΜΙΚΗ ΒΟΗΘΕΙΑ & ΘΑΝΑΤΙΚΗ ΠΟΙΝΗ ΓΙΑ ΤΗΝ ΟΜΟΦΥΛΟΦΙΛΙΑ ΣΤΗΝ ΟΥΓΚΑΝΤΑ.

Αντιγράφω από την ιστοσελίδα του Ευρωκοινοβουλίου.

Κοινοβουλευτικές ερωτήσεις
20 Απριλίου 2010, E-2603/10
ΓΡΑΠΤΗ ΕΡΩΤΗΣΗ υποβολή: Franz Obermayr (NI) προς την Επιτροπή
Θέμα: Αναπτυξιακή βοήθεια της ΕΕ προς την Ουγκάντα - θανατική ποινή για την ομοφυλοφιλία
Στο κοινοβούλιο της Ουγκάντα συζητείται αυτό το διάστημα ένα αμφισβητούμενο νομοσχέδιο που προβλέπει τη θανατική ποινή για τους ομοφυλόφιλους. Αυτό είναι ασφαλώς αδιανόητο σύμφωνα με την ευρωπαϊκή άποψη περί δικαίου.
1. Πώς προτίθεται να αντιδράσει η Επιτροπή σε περίπτωση έγκρισης του νομοσχεδίου;
2. Εξετάζεται να παγώσουν ενδεχομένως οι πόροι που παρέχονται από την ΕΕ στην Ουγκάντα στο πλαίσιο της αναπτυξιακής βοήθειας; 3. Εάν ναι, θα παγώσουν εντελώς ή θα περικοπούν μέχρι ένα συγκεκριμένο ποσό;
4. Ποια είναι η θέση της ΕΕ όσον αφορά άλλες χώρες όπου το νομικό καθεστώς είναι παρόμοιο (για παράδειγμα σε ορισμένα ομόσπονδα κράτη της Νιγηρίας ή στη Σαουδική Αραβία); Θα έχει αυτό επιπτώσεις όσον αφορά τη χορηγούμενη αναπτυξιακή βοήθεια;

Η απάντηση δόθηκε στις 18/6/2010, από τον κύριο Piebalgs, εκ μέρους της Επιτροπής - αρκετά μακροσκελής. Την αντιγράφω.

E-2603/10EN
Answer given by Mr Piebalgs
on behalf of the Commission
(18.6.2010)
The EU rejects and condemns any manifestation of homophobia as a blatant violation of human dignity. It considers that discrimination on the grounds of sexual orientation is incompatible with the basic principles on which the EU is founded, as well as international human rights law, and it is and will remain committed to the prevention and eradication of discrimination, including on the grounds of sexual orientation.
The EU is concerned about the persistence of discriminatory legislation and attitudes towards sexual minorities in third countries. The immediate EU policy priority is bringing an end to the imposition of criminal penalties, including the death penalty, for homosexual relations. The EU – through the EU Delegations and in coordination with Member States’ Embassies – closely monitors developments in the partner countries concerned, and expresses its concerns to the relevant authorities, including through public statements and démarches. The EU also continues longer-term efforts to encourage partner countries to end discrimination on the basis of sexual orientation.
The EU is actively engaged in efforts within the United Nations (UN) to tackle racism and discrimination, including discrimination based on sexual orientation. For example, the EU fully and successfully supported UN consultative status for Lesbian, Gay, Bisexual and Transgendered people rights’ groups in the non-governmental organisation (NGO) Committee of the UN Economic and Social Council. The EU is aware of the important role to be played by local civil society in this area and is in regular contact with human rights NGOs. The EU also supported the UN Statement on Sexual Orientation and Gender Identity of 18 December 2008 on the decriminalisation of homosexuality and the International Covenant on Civil and Political Rights (ICCPR).
The European Instrument for Democracy and Human Rights (EIDHR) has a record of providing project funding via open calls for proposals to civil society organisations for their fight against discrimination based on any grounds, including sexual orientation.
The Commission is deeply concerned over the draft "Anti-Homosexuality Bill" introduced into the Ugandan Parliament. The bill, if adopted, raises serious human rights issues, which are of great importance to the Commission. The Commission considers that the penalisation of homosexuality, as foreseen in the draft bill, goes against the UN human rights conventions. Uganda has ratified the International Covenant on Civil and Political Rights (ICCPR), Article 26 of which states that "all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". The UN Human Rights Committee has affirmed that the reference to “equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” in Article 26 of the ICCPR includes discrimination on grounds of sexual orientation. Uganda's domestic legislation must be consistent with these international human rights obligations. The draft bill also goes against the EU supported UN declaration on sexual orientation and gender identity of 18 December 2008 on the decriminalisation of homosexuality.
The Presidency and the Heads of Mission in Uganda raised this issue with the Ugandan Government on several occasions, during meetings with Prime Minister and Minister of Justice, in Article 8 meetings and with the Uganda Human Rights Commission.
In its démarche, on 3 December 2009, the EU Presidency and the local troika met the acting Foreign Minister/State Minister of Foreign Affairs, to whom they expressed again these serious concerns, confirmed their support to fundamental freedoms and reminded Uganda of its international obligations.
The Minister, while mentioning traditional values and cultural traditions that take time to change and alleged evidence of orchestrated campaigns to take advantage of poor people and recruit them into homosexuality, he took note, however, of the EU positions and committed himself to personally report them to Cabinet and Parliament to enable them to take an informed decision.
During the Cotonou Agreement Article 8 Dialogue with President Museveni, on 3 February 2010, the EU Presidency once again raised this important issue. President Museveni declared that the draft bill represented the ongoing debate between the churches present in Uganda. While the President expressed himself personally against homosexuality, he was very aware of the views of key donor countries and he gave an assurance that it would not pass in its present form. A cabinet sub-Committee is currently working on it.
Recently, civil society organizations have also started to work on the draft bill. Whereas before, it was an extremely difficult topic to discuss even with human rights organizations, there now is a broad coalition of civil society against the draft Bahati bill (http://www.ugandans4rights.org/).
The Commission intends to uphold pressure on the Ugandan Government in relation to this draft bill through continuing to raise its concern on every suitable occasion in dialogue with the Government, as well as to support local human rights organisations towards change in law and attitudes in the country. The issue will stay on the agenda of the EU Delegation in Uganda and of local Heads of Mission. The Commission hopes that, in the spirit of the ongoing EU/Uganda partnership, these démarches, together with those of others, will lead to the dropping of this draft legislation or a review to make it compatible with the international principles on non discrimination on the basis of sexual orientation.
In this context, the entry into force of the revised Cotonou Agreement will be important. The revised Cotonou Agreement gives the EU and the African, Caribbean and Pacific (ACP) States a strengthened basis to include discrimination on the grounds of sexual orientation as a possible subject in the political dialogue.
The situation in Nigeria is complex and the reluctance of past governments to participate in constructive discussions concerning human rights issues such as the death penalty, call for the use of both dialogue and cooperation. In the framework of the political dialogue, Articles 8 and 9 of the Cotonou Agreement provide the necessary elements to conduct properly a dialogue on human rights with Nigeria. In addition, the most important sector for EU aid to Nigeria under the 10th European Development Fund is Governance and Human Rights.
In addition to the regular political dialogue incorporating human rights, in December 2009 under the Swedish presidency, the EU established a dedicated EU-Nigeria Human Rights Dialogue. Under this Dialogue, Nigeria informed the EU that concerning the death penalty no executions are effected and that there is political will at the federal level for a moratorium.
The EU has followed attentively the issue of the draft bill proposing to criminalize same-sex relations and marriage. Further to EU efforts in 2007, the Nigerian Senator in charge of the relevant Committee (Committee on Judiciary, Human Rights and Legal Matters) undertook to revise the draft and ensure it would be acceptable internationally and in accordance with the Nigerian constitution which guarantees the right to freedom from discrimination on the grounds of sex, religion, ethnicity, political opinion, etc. Since then the bill has not progressed further.

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