WRITTEN QUESTION E-0389/04 by Gianfranco Dell'Alba (NI), Olivier Dupuis (NI),Marco Cappato (NI), Benedetto Della Vedova (NI), Marco Pannella (NI),Maurizio Turco (NI) and Emma Bonino (NI) to the Commission. African Court on Human and Peoples' Rights.
Date: 2004-02-12
Institutions: European Parliament, Provisional data
Subjects: Africa, African Union, EU financing, human rights, international court, the EU's international role

3.4.2004

EN

Official Journal of the European Union

C 84 E/579

5. Action to be taken to protect employees’ rights, in particular the right to compensation, comes under

the administrative and judicial redress procedures established by Italian national law.

(1) OJ L 183, 29.6.1989.
(2) OJ L 263, 24.9.1983.
(3) OJ L 393, 30.12.1989.
(4) OJ L 59, 6.3.1991.
(5) OJ L 196, 26.7.1990.
(6) OJ L 131, 5.5.1998.
(7) OJ L 194, 25.7.1975.
(8) OJ L 377, 31.12.1991.

(2004/C 84 E/0655)

WRITTEN QUESTION E-0389/04

by Gianfranco Dell’Alba (NI), Olivier Dupuis (NI),
Marco Cappato (NI), Benedetto Della Vedova (NI), Marco Pannella (NI),
Maurizio Turco (NI) and Emma Bonino (NI) to the Commission

(12 February 2004)

Subject: African Court on Human and Peoples’ Rights

On 25 January the Protocol for the establishment of the African Court on Human and Peoples’ Rights
entered into force. This is a major development in the history of the international protection of human
rights. Currently, 15 African states are subject to the jurisdiction of this new court. Some of them are
troubled by widespread violations of human rights and civil strife, such as Algeria, Burundi, Côte d’Ivoire
and Rwanda. Botswana, the Democratic Republic of Congo, Niger, and others, are expected to ratify soon.

As in the erstwhile European human rights system, and, as in the case of the current system for the
Americas, the establishment of the African Court will not abolish the African Commission on Human and
Peoples’ Rights. Rather, the Court will complement the Commission. In tandem, they can alter the
landscape of accountable government in Africa. Unlike the case of the African Commission on Human and
Peoples’ Rights, which has existed since 1987, the judgments of the Court will be legally binding and thus
enforceable in courts of law across Africa. Moreover, in the case of those countries who have accepted to
do so, individuals will be able to approach the Court directly. This is a not-to-be-missed opportunity to
strengthen the effectiveness of the African human rights regime and promote democracy in that continent.

1. What is the Commission doing, or planning to do, to facilitate the process of the establishment of
the African Court of Human and Peoples’ rights, and promote widespread ratification in the African
continent?

Is the Commission going to make available funds to this end, and, if so, through what channels and

2.
procedures?

Answer given by Mr Nielson on behalf of the Commission

(22 March 2004)

1.
The coming into force of the protocol establishing the African Court on Human and People’s Rights
indeed paves the way for the continent’s first ever judicial institution dedicated to protecting basic human
rights. The Commission has restated several times its support for the launching of the Court as an
institution that could make a significant contribution in safeguarding and ensuring observance of human
rights throughout Africa as well as in promoting democracy, the rule of law and good governance.

C 84 E/580

Official Journal of the European Union

EN

3.4.2004

In the opinion of the Commission, the establishment of the Court witnesses a new political environment
which is more conducive for a bold and comprehensive action of the new African Union (AU) and its
elected Commission in democracy, governance and human rights. The definition by Africans of
instruments and monitoring instruments (African Peer Review Mechanism, Conference on Stability,
Security and Development Cooperation in Africa) and institutions (Commission, Pan African Parliament,
Court on Human and People’s Rights) for the entire continent reflects this commitment and strong
ownership.

The Commission has also congratulated the AU for obtaining the required number of ratifications.
However, the Commission does not intend to lobby for ratifying a Protocol
it is not directly legally
involved in.

The Commission decided to support

the AU governance agenda through a comprehensive
2.
programme of EUR 1,9 million (European Initiative for Democracy and Human Rights budget line)
instead of supporting certain ‘islands of effectiveness’ within that area. This project aims at improving the
overall capacity of the AU to develop policy initiatives and effective actions towards Member States in
relation to three closely inter-related priority themes:
(i) democratisation processes with a focus on
strengthening the capacity of the AU to observe and monitor elections; (ii) governance with a focus on
improving the monitoring capacity of
the AU; on enhancing civil society participation and on
mainstreaming gender; (iii) human rights with a focus on improving the capacity of the AU and National
Human Rights Institutions to advance human rights, including in complex emergency situations.

This programme should be seen as a first step. At the last EU-Africa troika meeting at senior officials level
(Dublin, 17-18 February 2004), the Commission repeated it would be ready to consider any further
request for funding in the area of governance, human rights and democracy. The Court, as a key
institution for ensuring human rights in Africa, could be part of such future support.

(2004/C 84 E/0656)

WRITTEN QUESTION E-0394/04

by Francesco Fiori (PPE-DE), Giorgio Lisi (PPE-DE)
and Georges Garot (PSE) to the Commission

(16 February 2004)

Subject: Measures against hunger in the EU

The alarming increase in the numbers of people suffering from hunger in Europe (estimated at 100 million
European citizens in the 25-Member Union), alongside the disappearance of intervention stocks as a result
of the new CAP guidelines, is a cause for real alarm. The CAP is apparently no longer capable of ensuring,
as laid down in the Treaties, adequate supplies for all its citizens, and particularly the most destitute.

At the same time, it appears that all the NGOs and solidarity associations working on a daily basis with
the poorest members of European society, are unable to take action and fulfil their role of enhancing social
and human cohesion.

Given this situation, does the Commission, which was the originator of the European Programme for Aid
to the Destitute (EPAD), envisage modifying (cid:1) and within what time frame (cid:1) Regulation (EEC) 3149/
92 (1) which would both ensure the existence of safeguard stocks, extend the barter practices which have
proved both simple and effective, facilitate market access where necessary, and include these associations
in assessing the needs?

(1) OJ L 313, 30.10.1992, p. 50.