WRITTEN QUESTION E-3882/02 by Helle Thorning-Schmidt (PSE) to the Commission. Mexico's free-trade agreement and violation of human rights.
Date: 2003-01-13
Institutions: European Parliament, Provisional data
Subjects: EU relations, Mexico, free-trade agreement, human rights, political cooperation

27.3.2004

EN

Official Journal of the European Union

C 78 E/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
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.

is based on democratic principles and respect

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
(Global Agreement), which came into force on
Partnership, Political Co-ordination and Co-operation,
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 armed forces commits an illicit act. However,

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 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.