Statements made by the Ministry of Foreign and European Spokesperson (Paris, January 23, 2009)

GUANTANAMO / FIRST EXECUTIVE ORDERS SIGNED BY PRESIDENT OBAMA
UNITED STATES / FRANCE / MIDDLE EAST
PMOI
MIDDLE EAST
FRANCE / SERBIA

GUANTANAMO / FIRST EXECUTIVE ORDERS SIGNED BY PRESIDENT OBAMA

Let me read you a joint statement by Bernard Kouchner and Rama Yade on President Obama’s first decisions. This statement signals the extent to which the two ministers, Mr. Kouchner and Ms. Yade, believe that our fight against terrorism must clearly be waged with a full respect for universal values, such as those we celebrated during the 60th anniversary of the Universal Declaration of Human Rights.

“We welcome the fact that one of the first decisions of the new United States President, in keeping with his campaign pledges, has been to shut down within a year both the sadly-infamous Guantanamo detention center and the CIA ‘secret prisons’ around the world, and abide by the United Nations Convention Against Torture and the Geneva conventions.

We welcome these decisions by President Obama which are in line with the great tradition of American democracy, and for which we have been calling for a long time.

The pressing legitimate concern for security and fight against terrorism must not lead our democracies, founded on freedom and respect for the law, to deny their principles or forget their values.”

Q - You welcome the decisions taken on the secret prisons, but he didn’t decide to stop the program begun under President Clinton, if I’m not mistaken. What is France’s position on this subject? The Council of Europe was quite direct in its criticism, which doesn’t seem to have much of an impact on France, although it affects many other European countries.

President Obama announced that the United States would now comply with all the provisions of the UN Convention Against Torture and the Geneva Conventions. He appointed a task force to examine the modalities. But a political decision was made, and it is this decision that we are welcoming.
[…]

Q - You never condemned the creation of Guantanamo.

France, the EU and the UN have been calling for Guantanamo to be closed for several years now. Not only did we reiterate that demand whenever we were asked about it; whenever the opportunity arose during talks with U.S. authorities, we called for Guantanamo to be closed. This has been France’s consistent position, and there are many examples of such calls and requests.

Q - France says it is ready to study requests from Guantanamo detainees on a case-by-case basis. Do you have an idea of the conditions set forth by France? And what status will the detainees have if they enter French territory?

We have said that we were prepared to favorably study individual requests on a case-by-case basis. We also said that this examination would be based on an evaluation of the legal implications and security consequences that such a move might entail. […]

Q - Why not close the center right away, rather than in a year from now?

You know that the closure has a whole series of repercussions on the current prisoners’ legal status. It therefore makes sense for the U.S. authorities to examine the conditions for implementing their decision, and the status of the people to be released. President Obama has signaled that the people who would be released could be turned over to the authorities of their country of origin or tried in the U.S. judicial system. Now we need to give them time to draw the consequences and organize the closing.

Q - You applauded Barack Obama’s decision to close secret CIA prisons; can you say how long France has been demanding such a measure and in what circumstances it has done so?

For several years now, France, the EU and the UN have been demanding the closing of Guantanamo. Our authorities clearly enunciated this demand on numerous occasions.

Q - But when, specifically?

When Guantanamo was opened, and, with respect to the U.S.’s secret prisons, as soon as it became known.

 

UNITED STATES / FRANCE / MIDDLE EAST

I want to return to yesterday evening’s telephone conversation between Bernard Kouchner and Hillary Clinton. It was a very warm conversation that took place 24 hours after the Senate confirmed the secretary of state and mainly focused on the Mideast, particularly the situation in Gaza. It also gave the ministers a chance to affirm their shared resolve to work together, to confront the shared challenges facing our countries and the international community.

With respect to Gaza, we are both concerned about the humanitarian situation. We are both calling for the opening of crossing points so that aid, goods and humanitarian personnel can reach the people there.

There is also a commitment to implement the principles of SCR 1860, notably with regard to the fight against smuggling.

The two ministers agreed to meet in the near future.

Both of them are eager to work together, to cooperate and to combine their efforts, notably in the Mideast, to take on the current situation.

In this regard, the nomination of Senator George Mitchell as special Mideast envoy is a decision we welcome. It testifies to the U.S. administration’s determination to swiftly revive the peace process and to help implement SCR resolutions 1850 and 1860, adopted in recent weeks.

Q - Under the French EU presidency, a strategy and a policy were developed—that famous document conveyed to the United States just after November 4. Since the Americans seem to be gearing up to play a more active role in Mideast issues, how will this document and Europe’s position line up with Mr. Mitchell and Ms. Clinton? She mentioned European ideas but they still have to be accepted by the new U.S. administration.

Under the French presidency, the EU drew up a document on the renewed transatlantic relationship, which was conveyed to the American authorities and came about as a result of the thinking, the cooperation that developed notably at the Gymnich meeting held in Avignon, and at the meeting on the sidelines of the ministerial conference of the Union for the Mediterranean.

So there is, effectively, this EU strategy. During the Council for General Affairs and External Relations, to be held in Brussels on Monday, the Middle East will be a major point on the agenda, in the context created by the Gaza crisis.

Through the talks we had in preparing the dinner with Tzipi Livni in Brussels a few days ago, and during the preparing of the dinner slated for Sunday, also at the behest of the Czech EU presidency, with a group of Arab ministers and the Turkish foreign minister, we will reflect, in even greater depth, on the implementation of measures to help strengthen the cease-fire and implement the various parts of SCR 1860. Beyond this long-term reinforcement of the cease-fire, questions to be discussed include access to humanitarian aid, the prevention of weapons smuggling into Gaza, the opening of crossing points, and the revival of the peace process.

This cooperation with our EU partners—we will share it with our American friends. Mr. Mitchell will travel to the Mideast; he will certainly have conversations before, during and after that trip. Bernard Kouchner clearly made this point to Hillary Clinton yesterday. Both of our countries, along with the EU, must work together—we share this intention, which has been reaffirmed in Washington and in Paris.

Q - Are you afraid of U.S. competition?

I just welcomed the appointment of George Mitchell. We applaud the U.S. administration’s commitment to a rapid revival of the peace process. We too are committed to it, and we are directing all our energies to it at this particular time.

 

PMOI

Q - Why did France appeal the European Court of Justice’s decision to withdraw the People’s Mujahadeen Organization from the European list of terrorist organizations? Will France defend this position Monday at the Council for General Affairs and External Relations in Brussels?

There are two separate things going on here. As far as France’s appeal of the European court decision is concerned, we effectively analyzed the Court’s decree and decided to appeal its decision because we believe that the PMOI was included on the European list of terrorist organizations as a result of proceedings that respected the law. Our appeal was filed the day before yesterday, on January 21, with the Court of Justice of the European Communities.

As for the adoption of a joint position on the list of people and entities involved in acts of terrorism, to be debated in Brussels on Monday, it takes into account the Court of First Instance decision issued on December 4, 2008.

France believes that including the PMOI on the list was in accordance with the law; that is why it appealed the Court’s decision. But pursuant to the court’s decision, the EU countries will adopt a joint position that takes that decision into account.

 

MIDDLE EAST

Concerning the Middle East, to what degree does France foresee participating in the reconstruction of Gaza? Who will be the participants at the mid-February meeting in Egypt? Does France plan on holding Israel accountable for the destruction of European or French-financed facilities?

During the Sharm-el-Sheikh summit Sunday, President Mubarak announced his proposal to hold a conference in Egypt on the subject of Gaza’s humanitarian needs and reconstruction. It is absolutely essential that the international community mobilize for Gaza’s reconstruction, which is a key element in the peaceful dynamic we hope to instill in the region.

Regarding participation, it is too early for us to comment. We still do not have a date for this conference, nor any details on its organization. The conference must be based on a needs assessment, starting with those arising from the destruction in Gaza.

How can we ensure that the construction financed by the international community isn’t simply destroyed again a few months later?

We want these cycles of destruction and reconstruction to end. For this to happen, we must implement the integral components of a lasting settlement and revive the peace process, with the object of establishing a Palestinian state living side by side with Israel in peace and security. Our current efforts are aimed at breaking the cycle of destruction. Given the severity of the situation in Gaza, it is imperative to mobilize for reconstruction.

Q - Apparently, France has slightly changed its stance on the issue of Hamas, but France represents only 1/27th of the Quartet’s members. Does France intend to pressure the Quartet into changing its position, and thereby accept dialogue with Hamas, even if Hamas will not recognize Israel?

Pressure is not the appropriate word. We will share our views on this subject. France does not conduct dialogue with Hamas, but that does not prevent us from communicating with them through countries or players who do maintain dialogue with them. We said that we would be willing to have direct talks with Hamas, once their movement respects the peace process.

We are going to express this position again at the General Affairs and External Relations Council (GAERC) on Monday. A common position will be found after discussions between the 27 ministers, and then this common position will be defended by the EU presidency, with Javier Solana representing the EU in the Quartet.

The point being for the EU’s position to be adopted by the Quartet.

There will be discussion among the 27 EU members on the work needed to consolidate a lasting cease-fire, with the objective of lifting blockades and opening crossing points, combating arms smuggling into Gaza, supporting inter-Palestinian reconciliation (and thus the efforts made by Egypt), and reviving the peace process.

It is within this context, and as part of work in these areas, that the question of discussions with Hamas arises. And it is within the framework of discussion by the 27 that a position will be defined by the 27.

France is striving to ensure that the EU adopt a single position on Hamas.

In essence, we are trying to convince our partners on the subject, just as we would on any other subject. We are going to outline our arguments, which are, once again, to support inter-Palestinian reconciliation, and to consider that unification and national harmony alone can guarantee a future of peace for the Palestinian people. But we hope for all of this to be achieved with respect for the peace process.

Should we understand that if Hamas were to join a national unity government with Fatah under the authority of Mahmoud Abbas, it would be sufficient for opening direct dialogue with Hamas leaders, and possibly, to receive them in France, which has never before been done? Implicitly, that would mean they recognize Israel, without stating it overtly.

We would be ready to work with a harmonious Palestinian national government that respected the principles of the peace process. As soon as they resolve themselves to this path, we would be willing to work with the entire government.

Q - Do you consider that the Israeli side is respecting the principles of the peace process?

The Israelis and Palestinians were engaged in negotiations as part of the Annapolis Conference. The recent Gaza crisis created a new context. Now, all must be done to revive the peace process, starting specifically with the elements in the French-Egyptian initiative and SCR 1860. Participation by all – the Americans, the EU, and others like Egypt – is absolutely fundamental.

 

FRANCE / SERBIA

Bernard Kouchner said yesterday that he wished Serbia would establish friendly relations with its neighbors, as is the case within the EU. How does that concern Kosovo? Does that mean that Serbia must recognize Kosovo in order to be accepted into the EU?

The minister said that Serbia should look toward Europe, look toward the future, and that all steps taken to stabilize relations with its neighbors would be steps fostering European integration; but it is not a pre-condition, rather a facilitating measure. As far as we are concerned, we hope for Serbia’s integration in the EU.

Q - For Bernard Kouchner, would the “neighborhood” include Kosovo?

Serbia’s neighbors would include the entire Balkan region. That inevitably includes Kosovo. But again, we are not making it a pre-condition, but rather a positive factor in the EU member countries’ assessment of Serbia’s general attitude. The integration of Serbia within the EU would depend on several parameters; principally, full cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY), adoption of policies that conform to the political and economic values and principles of the EU, and a demeanor of stabilization and cooperation within its immediate environs. All that seems fairly obvious, and it is what Bernard Kouchner indicated yesterday to Serbian Foreign Minister Jeremic. We ask Serbia to look toward the future and toward the new European realities.

Concerning the future, Bernard Kouchner said that he had ensured the implementation of SCR 1244 for two years in Kosovo, and that it’s now time to look toward the future. Does he consider SCR 1244 to be obsolete?

SCR 1244 still matters even if, since its adoption, there have been considerable changes in Kosovo, notably with the deployment of the European Union Rule of Law Mission (EULEX) for the protection of all Kosovo communities.