8.4.2004 EN Official Journal of the European Union C 88 E/105 Answer given by Mr Patten on behalf of the Commission (17 September 2003) The Commission attaches great importance to the rights of freedom of religion, belief and expression in its dialogues with third countries. Freedom of thought, conscience, religion and belief is one of the fundamental human rights and as such is enshrined in a number of international instruments including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (Article 18) and the European Convention on Human Rights (Article 9). In addition, the Charter of fundamental rights of the European Union, which guides the Commission’s external action in this field, makes clear that everyone has the right to freedom of thought, conscience and religion (Article 10) and that cultural, religious and linguistic diversity should be respected. The Union has repeatedly affirmed that human rights and democratisation must form an integral part of all political dialogues with third countries. Religious freedom as a fundamental human right as well as the rights of religious minorities are thus addressed through the Union’s bilateral political dialogues, and, when appropriate, through démarches and public declarations, as well as through Union action in fora such as the United Nations (UN) Commission on Human Rights or the Third Committee of the UN General Assembly. As regards the situation in Laos, the Commission is aware of reports that freedom of religious expression remains restricted in Laos, including reports of members of Christian groups being persecuted and/or detained on grounds of their religious affiliation. This is done despite the fact that the Constitution stipulates ‘the right and freedom to believe or not to believe in religion’. The level of tolerance of religious practice varies between regions. Some reports mention difficulties for religious groups seeking to establish new places of worship in particular provinces. In other parts of the country both Catholic and Protestant followers are able to worship openly. The Commission follows this and other matters relating to human rights in Laos closely and concerns are frequently raised in bilateral meetings between the Commission and Laos. The Commission also participates fully in all Union démarches to convey our concerns to the Laotian authorities. As regards Cambodia, there have been less incidences of reports of difficulties faced by religious groups or persons. In his latest report, religious freedom has not been listed by the Special Representative of the United Nations Secretary-General for Human Rights in Cambodia as one of the major issues of concern in the country. (2004/C 88 E/0110) WRITTEN QUESTION E-2604/03 by Alexandros Alavanos (GUE/NGL) to the Commission (20 August 2003) Subject: Protection of excavations at ancient Salamis, Cyprus Professor V. Karageorghis of the Department of Antiquities in Cyprus, who carried out excavations at ancient Salamis in collaboration with the French archaeological expedition before the invasion of the island, claims that a Turkish professor, S. Ozgurel, is excavating at ancient Salamis without having obtained authorisation from the previous excavators. Since, firstly, it is international practice to obtain permission from the previous excavator and, secondly, Turkey has been a signatory since 1965 to the Hague Convention, Article 5 of which expressly prohibits any archaeological work on territory occupied by foreign forces without the consent of the lawful government of the country, will the Commission say what representations it will make to the Turkish Cypriot authorities to stop these illegal excavations? C 88 E/106 Official Journal of the European Union EN 8.4.2004 Answer given by Mr Verheugen on behalf of the Commission (15 September 2003) In general, responsibilities in the field of culture remain with the Member States. The competences of the Community are limited. Concerning the excavations at ancient Salamis, the Commission has taken note of the remarks of the Honourable Member. There is no legal basis for the Commission to undertake action in this case. (2004/C 88 E/0111) WRITTEN QUESTION E-2613/03 by Maurizio Turco (NI), Marco Pannella (NI), Marco Cappato (NI) and Gianfranco Dell’Alba (NI) to the Commission (28 August 2003) Subject: Crimen Sollicitationis Instruction issued by the Supreme and Holy Congregation of the Holy Office of the Holy See to cover up sexual abuse by clergy On 6 August 2003 the American CBS network revealed a document of the ‘Supreme and Holy Congregation of the Holy Office’ (now called the Congregation for the Doctrine of the Faith but originally the Sacred Congregation of the Roman and Universal Inquisition) which had been kept secret since 1962. This document, entitled the Crimen Sollicitationis Instruction, is addressed to all Patriarchs, Archbishops, Bishops and other diocesan Ordinaries ‘even of the Oriental Rite’ on the manner of proceeding in cases of solicitation and is dated 16 March 1962. Destined to be ‘diligently kept in the secret archives of the Curia’, it gives the clergy strict instructions regarding the conduct to adopt in cases of sex crimes committed by clergy against members of church congregations. The document shows that the Holy See has prescribed, adopted and caused to be adopted, proposed and imposed upon the ecclesiastical authorities conduct aimed at preventing sex abuse by members of the clergy from coming to public knowledge and to the knowledge of the law, upon penalty of excommunication. Further, it is clear from the Apostolic Letter ‘Motu Proprio Datae Quibus Normae De Gravioribus Delictis’ signed by John Paul II on 30 April 2001 and from the epistle ‘De Delictis Gravioribus’ of the Congregation for the Doctrine of the Faith signed by Cardinal Ratzinger on 18 May 2001 that, at least on these recent occasions, the Crimen Sollicitationis Instruction has been reconfirmed and attention again drawn to it in the light of the continual spread throughout recent decades of this true scourge of the Catholic ecclesiastical world and of the scandals resulting from it. As further proof, if that were necessary, there has been widespread condemnation of the refusal to cooperate with the judicial authorities and police inquiries and the obstruction of justice. In view of the European Union’s institutional and diplomatic relations with the Holy See, can the Commission say: what enquiries, preventive measures, sanctions and diplomatic steps it intends to take in relation to the fact that the instructions contained in these documents run counter to the policy of the Union and of its Member States on human rights and fundamental freedoms and the fight against sexual abuse, especially that against children and women? whether it intends to ask the Holy See to remove these instructions which are clearly and explicitly intended to prevent society, and in particular the administration of justice, from gaining knowledge of a serious moral, social and political evil?.