WRITTEN QUESTION E-0518/03 by Miet Smet (PPE-DE) to the Council. Women's rights in Kenya.
Date: 2003-02-24
Institutions: European Parliament, Provisional data
Subjects: EU relations, Kenya, cooperation agreement (EU), cooperation policy, gender equality, human rights, non-governmental organisation, position of women, sexual mutilation, suspension of aid

21.11.2003

EN

Official Journal of the European Union

C 280 E/61

In spite of the fact that both the Barcelona Declaration and the association agreement with Egypt refer to
human rights, women’s rights in Egypt are not always respected. AFP has reported instances of genital
mutilation of Egyptian women, and of discriminatory legislation, e.g. with regard to divorce.

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 Egypt? Is there provision for the possibility of suspending cooperation between Egypt and the EU if
women’s rights, and human rights in general, are continually violated in Egypt? 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 Egypt and the EU, does this apply to all the countries which have
signed an association agreement with the EU in the framework of the Barcelona Declaration?

Reply

(22 July 2003)

The Council would remind the Honourable Member that the signing of the Association Agreement with
Egypt gave a new dimension to relations with that country, in particular making it possible to engage
discussions on the subject of human rights and fundamental freedoms, even though the Agreement has not
yet come into force as it awaits ratification. The Heads of Mission of the Troika countries in Egypt have
begun discussions with the Egyptian authorities on matters of concern, including respect for human rights.
Two meetings took place in July and November 2002. At the first meeting both sides agreed to hold
regular discussions in the spirit of the Barcelona Declaration and the Association Agreement. The first
political dialogue meeting at ministerial level is scheduled for June and will give the European Union an
opportunity to raise a number of issues.

Once the Association Agreement has entered into force it will provide a framework for conducting
political discussions at regular intervals, as required and at the appropriate level. The Agreement itself
stipulates that respect for democratic principles and fundamental human rights forms the basis of relations
between the European Union and Egypt, constituting an essential element.

in particular with the establishment of a
Some progress has been observed regarding women’s rights,
regulatory framework. In 2000 the Egyptian government created a National Council for Women with the
mission of promoting women’s rights and well-being. A new, progressive law on personal status (family
law) was adopted in 2000 and also improved conditions for women. A law making it easier for women to
obtain a divorce has also been passed. However, the application of these laws too often runs into
administrative and social obstacles and into traditions which are often based on religion. The Egyptian
government is also trying to eliminate the practice of genital mutilation. The practice was banned by a
decree issued by the Ministry of Health in 1996. Through information campaigns supported by the
European Union, society is gradually becoming aware of the problem, but the proportion of women who
are the victims of such practices remains too high.

(2003/C 280 E/064)

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.

C 280 E/62

Official Journal of the European Union

EN

21.11.2003

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
If consultations are refused or fail,
rights. These consultations occur if political dialogue has failed.
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.

(2003/C 280 E/065)

WRITTEN QUESTION E-0520/03

by Miet Smet (PPE-DE) to the Council

(24 February 2003)

Subject: Women’s rights in Pakistan

In 2001 the European Union and Pakistan signed a cooperation agreement. Article 1 of that cooperation
agreement contains a clause relating to respect for human rights and democratic principles.