WRITTEN QUESTION E-3612/02

by Bob van den Bos (ELDR) to the Council

(16 December 2002)

Subject: Human rights clause

In connection with the preparations for Parliament's 2002 report on human rights in the world, I should like to ask the following questions:

1. Since the 1990s, the European Union has incorporated a human rights clause in bilateral trade and cooperation agreements with third countries. Can the Council give details of agreements of that kind which have been suspended during the period since 1990 and state the reasons why decisions were taken to suspend agreements?

2. Can the Council give details of the arrangements for discussing Parliament's human rights resolutions in the General Affairs Council: at which meetings were which subjects dealt with and with what outcome?

3. Can the Council give details of attendance by Council representatives when Parliament debated human rights issues in plenary over the period since April 2002? At what level was the Council represented and how was information passed on to the Council of Ministers?

Reply

(5 and 6 May 2003)

1. The EU has included human rights as an essential element in trade and cooperation agreements with third countries since 1995. Such clauses stipulate that respect for fundamental human rights and democratic principles underpins the internal and external policies of the Parties and constitutes an essential element of the agreement. In the event of a breach, the agreement may be suspended. Before 1995 respect for human rights was often mentioned explicitly in for instance the preamble of agreements, but without constituting an essential element.

As of today, no agreement containing a human rights essential element clause has been suspended. However, where the EU considered that a partner country had violated the essential elements of the agreement, certain provisions of the agreement have been suspended. This was for instance the case for the financial provisions under the Cotonou Agreement with regard to Zimbabwe (2002), Comoros (2000), Cote d'Ivoire (2000), Fiji (2000), Haiti (2000) and Liberia (2001). In other cases, the signing of cooperation agreements was delayed because of human rights concerns, for instance with Croatia (1995), Pakistan (1999), Algeria (1998) and Russia (1995).

The emphasis lies on promoting dialogue and positive measures rather than punitive action. The EU takes every opportunity to urge States to respect human rights and to promote their protection, and to remind partner countries of commitments arising from agreements containing a human rights essential element clause.

2. Every time the Council convenes in its General Affairs configuration, it notes all the resolutions, decisions and opinions voted by the European Parliament during its previous session(s). The Council then records that due account was taken of the positions adopted by the European Parliament when the points concerned were discussed, or will be taken when they come up for discussion in the future. It goes without saying that matters relating to human rights are by definition treated in this way.

3. With regard to the representation of the Council at debates held during European Parliament part-sessions, the Council's Rules of Procedure, Article 26, lays down that The Council may be represented before the European Parliament or its committees by the Presidency or, with the latter's agreement, by the following Presidency or by the Secretary-General.

The Council has kept to this rule every time it has met in plenary session. It would also ask the Honourable Member to refer to the minutes drawn up by the European Parliament at the end of each part-session, where the information requested can be found.