WRITTEN QUESTION E-0519/03 by Miet Smet (PPE-DE) to the Commission. Women's rights in Kenya.
Date: 2003-02-24
Institutions: European Parliament, Provisional data
Subjects: Cotonou Agreement, Kenya, economic sanctions, education policy, sexual discrimination, sexual mutilation, women's rights

6.2.2004

EN

Official Journal of the European Union

C 33 E/47

In line with all Association Agreements signed with the Mediterranean Partners, the EU-Egypt Association
Agreement provides for a structured and regular political dialogue. This will be an important additional
forum for both parties to discus a range of important issues of common interest, including democratic and
human rights. Respect for democratic principles and fundamental human rights is explicitly identified in
the Agreement as an essential element. The Association Agreement also contains provisions for either
party to take measures in the event of a material breach of the Agreement.

(2004/C 33 E/044)

WRITTEN QUESTION E-0519/03

by Miet Smet (PPE-DE) to the Commission

(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?

Answer given by Mr Nielson on behalf of the Commission

(4 April 2003)

The Commission has brought up the question of human rights and women’s rights specifically with the
Government of Kenya on various occasions, including the issue of Female Genital Mutilation (FGM). The
Commission is also assisting civil society initiatives with regard to women rights and women’s involvement
in political decision making while supporting a specific project focussing on FGM prevention in the Kisii
district.

The Commission will continue to support adequate measures to ensure progress on human rights,
including women’s rights and the eradication of FGM practices.

In particular, the Union is proposing to reinforce political dialogue with the newly elected Kenyan
Government focussing, inter alia, on human rights. The Commission will also continue to bring up human
rights issues, including gender issues, in the appropriate fora, including in the context of the dialogue with
Non-State Actors who monitor and enforce women’s rights.

Moreover, to monitor the situation, the Commission also relies on international initiatives, in particular the
Committee on the Elimination of Discrimination Against Women (CEDAW) to which Kenya must submit
regular reports.

C 33 E/48

Official Journal of the European Union

EN

6.2.2004

In this context, some positive steps were achieved in Kenya in recent years. FGM was formally banned for
girls under 17 when the Children’s Act was adopted by the Parliament (2001), while civil society has raised
country-wide public awareness on this specific aspect of gender violence.

The Commission also welcomes the Government’s recent initiative to promote free primary schooling for
all, as it believes that repressive measures will have to be complemented by education to confront the
complex and culturally entrenched belief that underlie FGM practices and discrimination against women.

The Cotonou Agreement provides in article 8 for comprehensive political dialogue with all African,
Caribbean and Pacific (ACP) States, including a regular assessment of developments concerning the respect
for human rights.

Where there are failures to respect the essential elements, set out in article 9 of the partnership, any Party
to the Agreement can invite the other Party to hold consultations in conformity with article 96 of the
Cotonou Agreement. Respect for human rights is one of the essential elements of the Agreement and
applies to all signatories. Article 96 provides that if the consultations do not lead to a solution acceptable
to both parties, appropriate measures may be taken. The suspension of the Agreement would be a measure
of last resort.

(2004/C 33 E/045)

WRITTEN QUESTION E-0523/03

by Miet Smet (PPE-DE) to the Commission

(24 February 2003)

Subject: Women’s rights in Zambia

Cooperation between the EU and Zambia 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 Zambia subscribes to these principles, the rights of women in Zambia are not
always respected. According to a report of 28 January 2003 by Human Rights Watch, girls in Zambia are
five times more likely to be infected with the HIV virus than boys, because they are the victims of
widespread sexual abuse.

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 Zambia? Is there provision for the possibility of suspending cooperation between Zambia and the EU if
women’s rights, and human rights in general, are continually violated in Zambia?

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 Zambia and the EU, does this apply to all the countries which have
signed the Cotonou Agreement?

Answer given by Mr Nielson on behalf of the Commission

(3 April 2003)

The higher rate of human immundeficiency virus (HIV) infection in girls rather than boys in Zambia and
in the Southern African region is due to a number of factors of which sexual abuse is one, but there are
others including earlier age of sexual intercourse and greater susceptibility of females to infection.