(2004/C 78 E/0012)

WRITTEN QUESTION E-3829/02

by Torben Lund (PSE) to the Commission

(9 January 2003)

Subject:   Trade agreements between the EU and Mexico and safeguarding human rights

In recent years, there have been numerous political attacks on or kidnappings of individuals in Mexico. Several of the kidnappings have allegedly been carried out by military personnel. Nevertheless, in ratifying the Inter-American Convention on Forced Disappearances of Persons in June 2001, Mexico expressed reservations about Article IX of that Convention which stresses that military personnel who have been involved in or have carried out kidnappings must be tried in a civilian court, without enjoying any form of privilege.

Will the Commission therefore say what bearing compliance with human rights and the above convention have on trade agreements between the EU and Mexico? How will the Commission ensure that Mexico complies with various human rights agreements and conventions and implements them at federal, regional and local level?

The EU should exert pressure on Mexico to remove any mechanism which guarantees impunity to anyone who violates any other person's fundamental rights!

Answer given by Mr Patten on behalf of the Commission

(4 February 2003)

The commitment of the Commission to the promotion of human rights forms a central part to all bilateral agreements. The process of safeguarding and ensuring human rights is institutionalised under the ‘democratic clause’ which forms a central part of the Union-Mexico relations governed by the Agreement on Economic Partnership, Political Co-ordination and Co-operation (Global Agreement), which came into force on 1 October 2000 and which is founded on three pillars: political, cooperation and trade.

Following article 1 of the Agreement, ‘respect for democratic principles and fundamental human rights … underpins the domestic and external policies or both parties and constitutes an essential element of this Agreement’. It also contains a ‘fulfilment of obligations’ clause which enables the Commission to take into account the evolution of human rights in Mexico and the Member States as an essential part of their relations, and establishes a mechanism for the Parties to react in case of failure to comply with the objectives laid down in the Agreement.

The institutional framework established in the Agreement is, at present, the forum where an open and productive political dialogue takes place at all levels: presidential, ministerial and high ranking civil servants. This allows the Union to exchange points of view concerning, among other bilateral and multilateral issues, the evolution of human rights in both parties. The Commission considers that this arrangement is satisfactory and is not pursuing, at this stage, the adoption of additional measures in this area.

In September 2002 Mexico ratified the Inter-American Convention on Forced Disappearance of Persons. While the Commission commends Mexico's ratification of this Convention, as it was drawn up by the Organisation of American States, the Commission has no direct power of enforcement. However, it uses the existing mechanisms to exchange views, and when necessary, to encourage its partners to respect and implement at all levels the different human rights related agreements and conventions.

While the Commission is aware of certain levels of impunity and the continuation of some human rights violations, it is hoped that greater political dialogue and focussed co-operation in this area will ensure that Mexico's ongoing struggle to reform is successful.