WRITTEN QUESTION E-0518/03

by Miet Smet (PPE-DE) to the Council

(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?

Reply

(22 July 2003)

The EU is aware of the widespread practice of female genital mutilation in African countries. The EU addresses this inhuman practice in Kenya in the context of human rights violations in its political dialogue with Kenya.

The European Union will use its political dialogue with Kenya to include the rights of women in Kenya and press for the abolition of inhuman or degrading treatment and impress on the need for further progress in the area of human rights and in particular to fully respect human dignity with particular reference to women. In this dialogue the government of Kenya will be reminded of its obligations under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and that those obligations and commitments require translation into national legislation and practise.

In addition, the EU attaches great importance to the role of civil society and supports in particular human rights and other non-governmental organisations active in this area as was demonstrated at this year's Conference on the occasion of the International Women's Day organised by the Commission.

As pointed out in the question, cooperation between the EU and Kenya takes place in the framework of the ACP-EC Partnership Agreement, signed on Cotonou on 23 June 2000. Respect for all human rights and fundamental freedoms is an essential element of this Agreement, as foreseen in its Article 9. Article 96 of the Cotonou Agreement opens the possibility for the signatories of the Agreement to engage in consultations when a Party has failed to fulfil an obligation stemming from inter alia respect for human rights. These consultations occur if political dialogue has failed. If consultations are refused or fail, appropriate measures may be taken which may include the suspension of development cooperation.

Finally, the Honourable Member of Parliament will be aware that the Council is currently discussing, in co-decision with the European Parliament, a proposal for a Regulation on aid for policies and actions on reproductive and sexual health and rights in developing countries which will contribute, once implemented, to the improvement of the situation of women also in Kenya.