EN Official Journal of the European Union CE 78/353

(2004/C 78 E/0371)

WRITTEN QUESTION E-3882/02

by Helle Thorning-Schmidt (PSE) to the Commission

(13 January 2003)

Subject: Mexico's free-trade agreement and violation of human rights

On 8 December 1997, the EU and Mexico signed a free-trade agreement which entered into force on 1 October 2000. This agreement is based on democratic principles and respect for human rights. Moreover, the Commission's strategy paper for Mexico 2002-2006 states that one of the Union's objectives is to ensure respect for human rights.

Several human rights organisations such as Amnesty International have put a question mark over the situation in Mexico. By all accounts, torture continues to be widespread and critics of the current regime are constantly persecuted or disappear. Amnesty has also pointed out that, in ratifying The Inter-American Convention on the Forced Disappearance of Persons, Mexico had reservations about Article IX which states that military personnel who have been involved in ‘disappearances’ can be tried in a civilian court and will not be able to invoke special privileges such as immunity.

Has the Commission initiated any investigations into the human rights situation in Mexico? If so, what are their findings? If not, does the Commission intend to investigate the matter in more detail?

Should it prove to be the case that human rights are continually violated in Mexico, what measures does the Commission intend to take and how would that affect the EU's trade agreement with Mexico?

Answer given by Mr Patten on behalf of the Commission

(4 February 2003)

The Commission would like to reassure the Honourable Member that 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, co-operation and trade, includes the ‘democratic clause’ as a central part of Union-Mexico relations. It also contains a ‘fulfilment of obligations’ clause which enables the Union to take into account the evolution of human rights in Mexico and the Member States as an essential part of its relations, and establishes a mechanism for the Parties to react in case of failure to comply with the objectives laid down in the Agreement.

Since the ratification of the Agreement on Economic Partnership, Political Co-ordination and Co-operation, (Global Agreement), the Commission has followed developments in Mexico even more closely because the Agreement institutionalises a process of fluent and fructiferous political dialogue, conducted through the Joint Council and Joint Committee, whereby each party can exchange information on the current situation with a view to ensuring better practice.

The Commission is aware of the Mexican Government's reservation over Article IX of the Inter-American Convention on Forced Disappearance of Persons. The decision by the Mexican government to adopt a reservation concerning Article IX refers to the Mexican Constitution's recognition of military jurisdiction when a member of the armed forces commits an illicit act. However, the Commission has been encouraged by the attempts of President Fox to bring issues of human rights to the forefront of his political agenda and to bring those accountable for past crimes to justice. Whereas the Commission recognises certain shortcomings in the judicial system, the Commission will endeavour to support, where possible, any reform that establishes a more credible, transparent and functioning judicial system. In this area, a Union co-operation project of the reform of the judicial system in Mexico was approved in September 2002.

It is hoped that greater political dialogue and focussed co-operation with Mexico, at all levels, will ensure that Mexico's ongoing struggle to reform is successful.