EN Official Journal of the European Union CE 88/72

(2004/C 88 E/0079)

WRITTEN QUESTION P-2198/03

by Niall Andrews (UEN) to the Commission

(26 June 2003)

Subject: Safeguarding human rights in Mexico

Is the Commission aware of the ongoing human rights abuses in Mexico highlighted by Amnesty International?

These include:

— the harassment, intimidation and murder of human rights defenders;

— the arrest and ‘disappearance’ of political opponents, campaigners for indigenous rights and members of indigenous communities;

— the murder of more than 200 women in Ciudad Juárez since 1993 and the failure of the Mexican authorities to conduct effective and appropriate investigations.

Is the Commission aware that, while Mexico has repeatedly committed itself to respecting human rights and to improving its human rights record, and having ratified the Inter-American Convention on Forced Disappearances of Persons, it refuses, nonetheless, to investigate cases of ‘disappearances’ which occurred before ratification of the Treaty?

Is the Commission also aware that cases involving the military continue to be heard by secret military tribunals only, thus undermining the credibility of the investigations?

Since the EU defines human rights and democracy as ‘essential elements’ in its relationship with countries outside the EU and for the strengthening of trade links between the EU and Mexico, will the Commission indicate what measures it intends to take to ensure that the Mexican Government fulfils its human rights commitments and obligations?

Answer given by Mr Patten on behalf of the Commission

(10 July 2003)

The commitment of the Commission to the promotion of human rights forms a central part to all bi-lateral 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.

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 and 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. In this context, 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 will start in the second half of 2003.

While the Commission is aware of certain levels of impunity and the continuation of 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.