2000/55/CFSP: Council Common Position of 24 January 2000 on Afghanistan
26. 1. 2000 EN Official Journal of the European Communities L 21/1 (Acts adopted pursuant to Title V of the Treaty on European Union) COUNCIL COMMON POSITION of 24 January 2000 on Afghanistan (2000/55/CFSP) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union and in particu- lar Article 15 thereof, Whereas: (1) (2) (3) (4) (5) (6) The conflict in Afghanistan has caused untold suffering for the Afghan people, and threatens the stability of the region and its economic development; The war's exports of terrorism and illegal drugs cause serious damage to Member States of the Union, and more widely; The Union continues to receive considerable numbers of refugees from war-battered Afghanistan; The Union is determined to play an effective role in efforts to stop the fighting, and to restore peace, stability including human and respect rights, for in Afghanistan; international law, The Union reminds the warring parties that they bear the ultimate responsibility for finding a political solution to the conflict which can bring about a lasting peace to Afghanistan and enable the establishment of a broad- based and representative government; The Union considers it imperative that all countries with an influence on the parties should exercise it in support of and in close coordination with the United Nations' peace efforts, and that the supply of weapons, munitions for military use to the warring and other material factions the involvement of foreign military, paramilitary and secret service personnel, should cease; from outside Afghanistan, as well as (7) The Union attaches the highest importance to respect for international including the Convention on the elimination of all forms of discrim- law and human rights, (8) (9) (10) ination against women, and denounces continuing gender discrimination in Afghanistan; The Union is deeply concerned by reports of massacres and forced expulsions of innocent civilians, the execu- tion of prisoners of war, ethnic-based persecutions and executions, and the intimidation and assassination of Afghan emigrés; The Union is also concerned by reports from the Shomali Plain of house and crop burnings and the delib- erate destruction of the agricultural infrastructure; The Union has adopted, on 15 November 1999, Common Position 1999/727/CFSP concerning restrictive measures against the Taliban (1) in order to implement UN Security Council Resolution 1267/99 of 15 October 1999; (11) This Common Position is intended to replace Common Position 99/73/CFSP of 25 January 1999 on Afghani- stan (2); the latter should therefore be repealed, HAS ADOPTED THIS COMMON POSITION: Article 1 The objectives of the Union in Afghanistan are: (a) to bring about a sustainable peace in Afghanistan, put an end to foreign intervention, and encourage intra-Afghan dialogue through support for the central role of the United Nations; (b) to promote the stability and development of the whole region through peace in Afghanistan; (c) to promote respect for international humanitarian law and human rights, including the rights of women and children; (d) to provide effective humanitarian aid and ensure that the international coordination of aid allows for its provision in accordance with international humanitarian principles and an impartial needs assessment; (1) OJ L 294, 16. 11. 1999, p. 1. (2) OJ L 23, 30. 1. 1999, p. 1. L 21/2 EN Official Journal of the European Communities 26. 1. 2000 (e) to reinforce the fight against illegal drugs and terrorism; former King Zahir Shah, to contribute to an intra-Afghan dialogue; (f) to assist in peace-building activities and, once a durable the the reconstruction of is in place, peace settlement country after years of civil war. Article 2 In order to support the United Nations peace efforts, reaffirmed by UN General Assembly Resolution 203 A and B of 18 December 1998, the Union shall continue to: (a) support and strengthen the work of the UN Special Mission including its civil affairs unit; to Afghanistan (UNSMA), (b) support the comprehensive efforts of the UN Secretary- General and his Special Envoy for Afghanistan, and in particular the reactivation of the Special Envoy's mission as soon as circumstances permit; (c) urge other countries with influence on the parties to exer- cise it constructively in support of and in close coordina- tion with UN peace efforts; (d) call upon the warring parties to honour their obligations as stated in the Tashkent Declaration on the fundamental principles for a peaceful settlement of the conflict in Afgha- nistan which was signed by both parties on 20 July 1999; (e) demand from the Taliban their commitment to the imple- mentation of the Agreements signed with the UN on the safety and security of UN personnel; (f) take into consideration the report of the UN Credentials Committee on the representation of Afghanistan at the United Nations; (g) maintain its embargo on the export of arms, munitions and military equipment to Afghanistan provided for in its Common Position 96/746/CFSP (1), and urge other coun- tries to adopt a similar policy of restraint; (h) urge countries concerned to stop the involvement of their military, paramilitary and secret service personnel in Afgha- nistan and cease all other military support provided to parties in the Afghan conflict, including the use of their own territories for such purposes. The Union shall also: (k) continue to impress upon all those countries with influence in Afghanistan the importance the Union attaches to the early settlement of the conflict under UN auspices, and urging them to lend the UN every support. Article 3 In order to promote respect for all human rights, fundamental freedoms and international humanitarian law the Union shall: (a) call on all parties to recognise, protect and promote all freedoms including the liberty and security of persons and also to the Universal Declaration of Human Rights to human rights and fundamental right to life, respect which Afghanistan has subscribed; (b) urge Afghan factions to end discriminatory policies and recognise, protect and promote the equal rights and dignity including access to education and of men and women, health facilities, and freedom from intimidation and harassment, and will point to the negative implications of discriminatory policies for the effective supply of aid; employment, personal security (c) support the UN Secretary General's proposals for the early deployment of civilian human rights monitors in the Civil Affairs Unit of UNSMA; (d) attach special importance to human rights aspects in the international coordination of humanitarian assistance to Afghanistan; (e) support aid programmes in Afghanistan which integrate gender concerns and actively attempt to promote the equit- able participation of both men and women, and which promote peace and human rights; (f) urge all factions to respect and protect the cultural heritage of Afghanistan. Article 4 (i) continue contacts with the Afghan parties and prominent Afghan individuals to point to the futility and grave and unacceptable humanitarian consequences of the continued fighting, and urge an immediate cease-fire and the nego- tiation of a political settlement under UN auspices, including the establishment of a fully representative, broad- based government; (j) follow closely and encourage efforts by influential Afghan individuals and organisations, such as the so-called Frank- furt Process and the Rome based Loya Jirga Process of (1) OJ L 342, 31. 12. 1996, p. 1. In order to help the suffering civilian population of Afghani- stan, the Union shall: (a) continue to provide humanitarian aid to Afghanistan, conditions permitting; (b) urge the warring factions to ensure freedom of movement as well as free and safe access of national and international humanitarian personnel those in need, without to all restrictions based on gender, race, religion or nationality, and to cooperate fully and sincerely with humanitarian organisations to respond to the humanitarian needs of the Afghan people; 26. 1. 2000 EN Official Journal of the European Communities L 21/3 (c) continue to support national and international efforts in mine action as an important precondition for sustainable development; (d) urge the warring factions not to lay any more landmines, while at the same time emphasising its standing policy not to fund demining in regions where mine-laying is continued; (e) improve the effectiveness of aid by closer international donor coordination, in particular by working through the Afghanistan Support Group and the Afghanistan Program- ming Body; (f) ensure close coordination and complementarity between the UN peace efforts and the aid effort, as envisaged in the Strategic Framework common to the international donor community and UN organisations; (g) ensure that its aid is provided in accordance with the common Strategic Framework adopted by the donor to community and UN organisations effective implementation of encourage Common Programming in Afghanistan. and, a more thereby, the Article 5 In order to promote the fight against drugs, the Union, shall: (a) use contacts with the factions and those countries with influence on them to underline the Union's concern at the sharp rise in the illicit production and trafficking of drugs stability and in Afghanistan which threatens damages the health and well-being of the populations of Afghanistan, neighbouring States and elsewhere, and also to stress that the Union will take account of drugs control objectives when considering contributions to development aid to reconstruct Afghanistan once a durable peace settle- ment is in place; regional (b) urge aid agencies to take account of drug control objectives in the planning and implementation of projects by taking into consideration their impact on drug cultivation, production, tracking and abuse; (c) support sustainable alternative development as an impor- tant component of a balanced and comprehensive drug control strategy. Alternative development programmes should be adapted to the specific conditions in Afghanistan, should respect human rights and incorporate the gender dimension enabling women and men to participate equally in the development process. Law enforcement measures are a necessary complement to such programmes. (d) support all consistent efforts, including those of the United Nations Drugs Control Programme (UNDCP), aimed at reducing substantially the production, trafficking and abuse of drugs in Afghanistan, and notes the importance of implementation of the Community's projects in support of the Union's Central Asia Drugs Initiative. Article 6 The Union condemns terrorism in all its forms, whenever and wherever it occurs. To advance the fight against terrorism, the Union shall: (a) demand that all Afghan parties refrain from financing, providing training or shelter for terrorist organisations or otherwise supporting terrorist activities; (b) urge all Afghan authorities to close down training camps for foreign terrorists inside Afghanistan and to take neces- sary steps to ensure that those responsible for terrorist acts are brought to justice. (c) urge the Taliban to comply fully and urgently with UN Security Council Resolution 1267/99 of 15 October 1999. Article 7 The Council notes that the Commission intends to direct its action towards achieving the objectives and the priorities of this Common Position, where appropriate, by pertinent Community measures. Article 8 Common Position 1999/73/CFSP shall be repealed. Article 9 This Common Position shall take effect on the date of its adoption. It shall be reviewed at the latest twelve months after its adop- tion. Article 10 This Common Position shall be published in the Official Journal. Done at Brussels, 24 January 2000. For the Council The President J. GAMA