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Home arrow newsitems arrow EU - Canada Trade: Contradictory EU Parliament Votes on CETA, after Trump asked NAFTA Review

EU - Canada Trade: Contradictory EU Parliament Votes on CETA, after Trump asked NAFTA Review

Written by ACM
Wednesday, 15 February 2017

 *Strasbourg/Angelo Marcopolo/- Differend Majority Votes of MEPs gave in EU Parliament here a Contradictory image on a controversial EU - Canada Trade deal (CETA), "the Most Ambitious" ever for the EU "so far", as mainstream Groups' leaders observed, shortly after New US President Don Trump confirmed his pre-electoral promisse to ask for a Review of NAFTA, a similar pre-existing US - Canada Trade deal :

It's an astonishing Fact that, even if a Legaly Binding Report, by Latvian MEP Pabrics, asking to endorse that Deal, passed by Majority, nevertheless, the only Resolution (drafted by Leaders of EPP/Liberal/Conservative Groups of MEPs) which asked to "Welcome" CETA and "a Swift Ratification" by EU's 28 Member States, on the Contrary, was clearly Rejected by EU Parliament !

Already, its Committee on Employment and Social affairs had Refused to endorse CETA, earlier in Brussels, where, on the Contrary, it had been Backed mainly by the Foreign Affairs Committee, and the Environment/Health/Food safety Committee, in a Lesser degree.

Moreover, Today, EU Parliament's Plenary also Rejected a "New ..model for ...Dispute Resolution" about Investments, (§ 7 of the Draft Resolution), which had been Accused by a relevant Amendment of the "Green" Group to allegedly : "Allow claims to be made only by foreign investors, (be) based on extremely broad foreign investor rights, and (to) abrogate from the basic international law principle of prior exhaustion of domestic legal remedies", (etc).

In Addition, the MEPs who Voted "Against" or "Abstained" on the Issue of "Privatisation of Public Services" (§ 6 in the Draft), were More Numerous, than those who Voted "For" : 355 (i.e. 334 + 21), instead of Only 338, respectively.

Similarly, More MEPs Voted "Against" or "Abstained", than supported the Claim that CETA would have "Answered" the "Questions" raised by Critics, via the "Clarifications" and/or "Interpretations" given for that purpose, (§ 8 in the Original Draft) : 376 (i.e. 304 + 72) instead of just 323, respectively. (Probably because, as EFDD Group denounced, these were "Not Legaly Binding".

It's also "Against" or "Abstention" that Voted Most MEPs, instead of "For", concerning the wish to "Welcome", or Not, CETA, based on the (strongly Contested) Claim that it would have a "Potential" for "significant Benefits to the Citizens and Companies, especially SMEs", (§ 1 of the Draft) : 362 (i.e. 248 + 114), instead of just 334, respectively.

Experienced EU Commissioner Cecilia Malmstrom, even if she naturaly Supported Earlier CETA as "a Good Deal", afterwards Acknowleged that "there are Many Concerns among the People" in Europe, so that EU and Canada Officials should "show" them, with "concrete Examples", that this Free Trade Agreement would bring them Benefits. But, "at any case", the still Remaining process of "Ratification, depends from (EU) Member States", (i.e. 28 National Authorities), she observed in fine.

Malmstrom said that in a subsequent Press Conference here, After EU Parliament's Votes, together with the Canadian Government's International Trade's Minister, Francois-Philippe Champagne, where they answered a Few Questions on some among the Critical Points raised in Writting by 5 Political Groups of MEPs : from the "Left" and most "Socialists", up to the "Greens", the Euro-Sceptics of "EFDD", and the Rightists of "ENF", as well as several "Independents".

Among these Critical Issues, (in addition to those who found an Expression in the Votes : Comp. Supra), were also mainly Jobs and Social standards, Agriculture, Geneticaly Modified Organisms ("GMO"s) and "Food Safety", protection of Personal Data from "Cross-Border Flows", the "Price of Medical Drugs" (allegedly the "2nd Higher in the World" at Canada), etc. 

Such concerns brought manifold Popular Protests at EU Parliament's doorstep, and even inside its Hemicycle, while, among the Countries whose most Political Leaders reportedly appear to be Opposed or Uncertain yet about CETA, seems to be also France, which is currently engaged in Crucial Presidential and Parliamentary Elections, due to be Soon Followed by the Netherlands and Germany, later this Same Year (2017), afterwards by Austria (2018), etc., in the run up to the Next European Elections of 2019.

Meanwhile, the Canadian Minister tried to Downplay and Minimize the issue notoriously raised by the New US President Don Trump's Electoral Campaign about the equivalent preexisting "NAFTA" free trade agreement in North America, by claiming that it could likely result just in another "Review" and/or "Update", more or less similar to previous ones, that had already been made before.

In that regard, Champagne pointed at a recent Press Conference, in Washington D.C., between Trump and Canadian Prime Minister Trudeau, who is currently Visiting Strasbourg, and due to Speak Tomorrow in the Pleanry of EU Parliament here, followed by a Press Conference with its New President Tajani, who has vowed to Support the Position expressed by the Majority of MEPs, as a matter of General Principle, and whose services has just published a Press Communiqué in favor of CETA's Ratification by EU's 28 Member States, (even if, at least a Part of it, is, reportedly, due to Start being Applied from March 2017, i.e. even Before that Long process of National Ratifications).




("Draft"News, as already send to "Eurofora" Subscrbers/Donors, earlier. A mora accurate, full Final Version, might be published asap).


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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.

Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.

The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.

This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.

In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..

EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.

    But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.

    His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
    Holovaty expressed his will to check  "Matters still Outstanding" and  those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit.  This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".

    CoE's Resolution also asks  from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.

    Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out  which issues will be raised" to the Turkish Government.

    Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
     - "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.

    - "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.

    - "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.

    - "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."

    Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World.  "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.

    In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...

    Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific :  - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.

    - The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.

    "Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...

    Moreover, on 2008,  CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008...  concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.

"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.

- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur.  Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...

    - "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.

    But, "the Electoral  system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.

    + Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".

    The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.


2009 EU Elections were won by Parties against Technocracy and Turkey's controversial EU bid, while the 1999-2004 Majority Abstention trend decelerated. What should be done in 2009-2014 ?


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