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(2004/C 33 E/044)

WRITTEN QUESTION E-0519/03

by Miet Smet (PPE-DE) to the Commission

(24 February 2003)

Subject:   Women's rights in Kenya

Cooperation between the EU and Kenya takes place on the basis of ACP-EU partnership. In the Cotonou Agreement, which outlines the general framework for ACP-EU relations for the next 20 years, respect for human rights and the equality of women and men are stressed repeatedly by both parties.

In spite of the fact that Kenya subscribes to these principles, the rights of women in Kenya are not always respected. According to Agencia EFE, the genital mutilation of girls and women in Kenya is still practised on a large scale.

Has the EU yet reacted to these grave infringements of women's rights? If not, does it intend to do so?

Is there any provision for a mechanism to systematically monitor and enforce respect for women's rights in Kenya? Is there provision for the possibility of suspending cooperation between Kenya and the EU if women's rights, and human rights in general, are continually violated in Kenya?

If not, will the EU make provision in future for such possibilities?

If there is provision for the monitoring and enforcement of respect for human rights and for the possible suspension of cooperation between Kenya and the EU, does this apply to all the countries which have signed the Cotonou Agreement?

Answer given by Mr Nielson on behalf of the Commission

(4 April 2003)

The Commission has brought up the question of human rights and women's rights specifically with the Government of Kenya on various occasions, including the issue of Female Genital Mutilation (FGM). The Commission is also assisting civil society initiatives with regard to women rights and women's involvement in political decision making while supporting a specific project focussing on FGM prevention in the Kisii district.

The Commission will continue to support adequate measures to ensure progress on human rights, including women's rights and the eradication of FGM practices.

In particular, the Union is proposing to reinforce political dialogue with the newly elected Kenyan Government focussing, inter alia, on human rights. The Commission will also continue to bring up human rights issues, including gender issues, in the appropriate fora, including in the context of the dialogue with Non-State Actors who monitor and enforce women's rights.

Moreover, to monitor the situation, the Commission also relies on international initiatives, in particular the Committee on the Elimination of Discrimination Against Women (CEDAW) to which Kenya must submit regular reports.

In this context, some positive steps were achieved in Kenya in recent years. FGM was formally banned for girls under 17 when the Children's Act was adopted by the Parliament (2001), while civil society has raised country-wide public awareness on this specific aspect of gender violence.

The Commission also welcomes the Government's recent initiative to promote free primary schooling for all, as it believes that repressive measures will have to be complemented by education to confront the complex and culturally entrenched belief that underlie FGM practices and discrimination against women.

The Cotonou Agreement provides in article 8 for comprehensive political dialogue with all African, Caribbean and Pacific (ACP) States, including a regular assessment of developments concerning the respect for human rights.

Where there are failures to respect the essential elements, set out in article 9 of the partnership, any Party to the Agreement can invite the other Party to hold consultations in conformity with article 96 of the Cotonou Agreement. Respect for human rights is one of the essential elements of the Agreement and applies to all signatories. Article 96 provides that if the consultations do not lead to a solution acceptable to both parties, appropriate measures may be taken. The suspension of the Agreement would be a measure of last resort.

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