WRITTEN QUESTION E-0520/03 by Miet Smet (PPE-DE) to the Council. Women's rights in Pakistan.
Date: 2003-02-24
Institutions: European Parliament, Provisional data
Subjects: EU relations, Pakistan, cooperation agreement (EU), human rights, position of women, suspension of aid, women's rights

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.

21.11.2003

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Official Journal of the European Union

C 280 E/63

In spite of the fact that Pakistan subscribes to these principles, the rights of women in Pakistan are not
always respected. AFP, Reuters and the New York Times report that some Pakistani women have been the
victims of blood feuds, including rape, burning, murder etc. Blood feuds can be decreed by local councils.

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

If the answer to the last two questions is no, 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 Pakistan and the EU, does this apply to all the countries which have
signed a similar agreement (i.e. a third generation agreement containing explicit references to human
rights) with the EU?

Reply

(22 July 2003)

1.
The Council recalls that the EU, in all dialogue meetings with Pakistan, underlines the importance it
attaches to respect for human rights, including the rights of women: it will continue to do so on every
possible occasion. The EU Heads of mission in Islamabad follow developments in human rights very
closely and raise individual cases in the course of their regular contacts with the authorities.

The EU has included human rights as an ‘essential element’ in trade and cooperation agreements with
2.
third countries since 1995. Such clauses stipulate that respect
for fundamental human rights and
democratic principles underpins the internal and external policies of the Parties and constitutes an
‘essential element’ of the agreement. In the event of a breach, the agreement may be suspended. Before
1995 respect for human rights was often mentioned explicitly for instance in the preamble of agreements.

3.
As of today, no agreement containing a human rights ‘essential element’ clause has been suspended.
However, where the EU considered that a partner country had violated the essential elements of the
agreement, certain provisions of the agreement have been suspended. This was for instance the case for the
financial provisions under the Cotonou Agreement with regard to Zimbabwe (2002), Comoros (2000),
Cote d’Ivoire (2000), Fiji (2000), Haiti (2000) and Liberia (2001). In other cases, the signing of cooperation
agreements was delayed because of human rights concerns, for instance with Croatia (1995), Pakistan
(1999), Algeria (1998) and Russia (1995).

4.
The emphasis lies on promoting dialogue and positive measures rather than punitive action. The EU
takes every opportunity to urge States to respect human rights and to promote their protection, and to
remind partner countries of commitments arising from agreements containing a human rights ‘essential
element’ clause.

5.
The Draft Co-operation Agreement between the EC and Pakistan on Partnership and Development (cid:1)
which is currently under consideration by the European Parliament follows the same lines described above.