WRITTEN QUESTION P-1092/04 by Jean Lambert (Verts/ALE) to the Commission. Caste discrimination.
Date: 2004-04-05
Institutions: European Parliament, Provisional data
Subjects: EU relations, India, anti-discriminatory measure, human rights, social structure

8.4.2004

EN

Official Journal of the European Union

C 88 E/567

(2004/C 88 E/0578)

WRITTEN QUESTION E-1080/04

by Proinsias De Rossa (PSE) to the Commission

(6 April 2004)

Subject: Human rights defenders

The development of guidelines on human rights defenders is one of the stated priorities of the Irish EU
Presidency. While the EU has highlighted the importance of the protection of human rights defenders,
there is an absence of a specific EU policy that would serve to strengthen the EU’s support for human
rights defenders throughout the world.

formal proposals has the Commission received from the Council on this issue? Does the
What
the introduction of such guidelines is necessary in order to enhance the
Commission agree that
effectiveness of EU human rights policy? Will the Commission address the issue of human rights defenders
in its next communication on human rights and democratisation?

Answer given by Mr Patten on behalf of the Commission

(30 April 2004)

The Commission welcomed and fully supports the initiative of the Irish Presidency to adopt EU Guidelines
in support of human rights defenders.

Although the Member States and the EU institutions have repeatedly paid tribute to the crucial role played
by human rights defenders, the EU Guidelines on Human Rights Defenders will provide a consistent and
visible policy to support and protect human rights defenders in the framework of EU relations with third
countries and through Community and Member States’ assistance programmes.

The political prominence achieved by previous EU Guidelines aimed at the realisation of human rights
(such as those on the death penalty, torture and children in armed conflict) underlines the added-value of
adopting Guidelines at the EU level.

With regard to the question of the Honourable Member on whether the issue of human rights defenders
will be addressed in the next Communication on Human Rights and Democratisation, the Commission is
not at present considering a new Communication following its Communication of May 2001 on the ‘EU’s
role in promoting Human Rights and Democratisation in third countries’ (1).

(1) OJ C 227 E, 24.9.2002.

(2004/C 88 E/0579)

WRITTEN QUESTION P-1092/04

by Jean Lambert (Verts/ALE) to the Commission

(5 April 2004)

Subject: Caste discrimination

Caste based discrimination affects more than 260 million people worldwide. Caste communities live in
physical and social segregation, face gross injustice before the law and have limited access to land,
employment, education and health care. The UN Special Rapporteur on Racism stated in his follow-up to
the World Conference against Racism that this issue ‘should be given priority in the follow-up to the
Durban Conference, in the fight against all forms of discrimination and the promotion of human rights
worldwide.’

Recommendations for action to counter caste discrimination have been made at EU level mainly through
the European Parliament’s resolutions on human rights in the world and its recommendations to the UN
Commission on Human Rights sessions. In contrast,
it seems that no action has been taken by the
Commission or the Council to enhance the political and human rights dialogue with caste afflicted

C 88 E/568

Official Journal of the European Union

EN

8.4.2004

the continued practice of caste discrimination. Analyses of caste based
countries on the issue of
discrimination are yet to be included in the Council’s annual human rights report. Effectiveness of the EU’s
human rights policy in terms of addressing caste discrimination still remains to be assessed.

Given this continued gross violation of human rights:

(cid:1) what actions and measures have the Commission set

in place to respond to the continued

dehumanising practice of caste discrimination;

(cid:1) what steps have been taken to promote the appointment of a Special Rapporteur on caste

discrimination;

(cid:1) what steps can be taken by the Commission to ensure that references to this enormous human rights
problem together with suggestions for remedial measures are made in all relevant EU statements,
including its own Country Strategy Reports;

(cid:1) will caste discrimination be included as an agenda item at forthcoming EU-India summits?

Answer given by Mr Patten on behalf of the Commission

(26 April 2004)

The Commission is aware of the world-wide problem of caste discrimination in South Asia, and also in
Africa. The Commission takes this issue very seriously and has shown a consistent and active commitment
to tackling this problem.

Projects fighting discrimination against Dalits are eligible for assistance under the European Initiative for
Democracy and Human Rights. A Call for Proposals, which was launched on 27 April 2002 under this
initiative, specifically addressed the issue of caste discrimination. One of the eligibility criteria was:
‘Discrimination based on caste (i.e. membership by birth of a social group considered inferior to higher
social groups, even without ethnic differences, and historically subject to forms of social and labour
segregation and discrimination)’.

The Commission expects in the case of India that through its co-operation in the social sectors, especially
in elementary education, an important contribution can be made to the progressive elimination of caste-
and gender-based discrimination. The Commission firmly believes that by assisting India to reach its
Millennium Development Goal of achieving universal elementary education, with a special focus on the
‘hard to reach’ such as children from Dalit and tribal backgrounds, these children will ultimately have
better chances of finding positions at all levels of Indian society. All Community co-operation agreements
since 1995 include human rights clauses and form the basis for a positive dialogue on human rights
concerns. In the EU-India political dialogue, human rights issues are a regular topic in all Senior Officials
and Ministerial Meetings.

The Commission takes careful note of
the Honourable Member’s suggestion concerning a Special
Rapporteur on caste discrimination. However, the establishment of such a mandate would require the
approval of the UN Commission on Human Rights (UNCHR).

The Commission continues to make efforts in the CHR and elsewhere, underlining the importance of the
fight against racism, xenophobia and related intolerance. For instance, the EU delivers a statement on these
issues at the annual sessions of the UNCHR and the UN General Assembly Third Committee.

8.4.2004

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Official Journal of the European Union

C 88 E/569

The Joint EU-India Statement released at the 4th Summit in New Delhi in November 2003 reiterated that
democracy provided the best safeguard for the protection and promotion of human rights, and reaffirmed
the willingness of both sides to discuss human rights in a comprehensive manner (1). It is expected that this
issue will be taken up in the Declaration of the 5th Summit to take place in the second half of 2004. The
EU and India have furthermore agreed that democracy and human rights issues be discussed in Senior
Officials and Ministerial Meetings.

(1)

‘We affirmed that democracy provides a crucial safeguard for protection and promotion of Human Rights. All
Human Rights including the right to personal, economic, social and cultural development are universal, indivisible,
interdependent and inter-related. We believe in the equal importance of civil, political, economic, social and cultural
International co-operation needs to be harnessed for the
rights and are committed to their full realization.
protection and promotion of human rights through dialogue and mutual understanding in a comprehensive global
framework. We affirmed our willingness to discuss Human Rights in a comprehensive manner.’

(2004/C 88 E/0580)

WRITTEN QUESTION E-1097/04

by Adriana Poli Bortone (UEN) to the Commission

(13 April 2004)

Subject: Regulation (EC) No 2331/2003

With the entry into force of Regulation (EC) No 2331/2003 (1) of 23 December 2003 a number of
countries, including Argentina and India, once again became beneficiaries under the Community scheme of
generalised tariff preferences for the period 2002-2004, and from 1 January 2005 will benefit from
reductions in the European Union’s import duty for certain kinds of finished leather.

Bearing in mind that:

(cid:1) by virtue of well-established dumping practices these countries enjoy great competitive advantages at

the expense of the Italian tanning industry;

(cid:1) there are no reciprocal and equivalent market conditions as regards commercial policy measures, since
both India and Argentina set up substantial tariff and non-tariff barriers to their own exports of raw
materials and imports of finished products;

(cid:1) Italian businesses find themselves in difficulty as a result of the fall in demand for finished products

and the unfavourable euro-dollar exchange rate,

can the Commission say whether it does not consider that Regulation No 2331/2003 should be revised?

(1) OJ L 346, 31.12.2003, p. 3.

Answer given by Mr Lamy on behalf of the Commission

(30 April 2004)

Commission Regulation (EC) No 2331/2003 of 23 December 2003 was adopted under Article 12 of
Council Regulation (EC) No 2501/2001 applying a scheme of generalised tariff preferences for developing
countries (GSP). It was thus adopted by the Commission under an obligation within a legal framework set
by the Council.

The GSP, which is a multiannual system, provides that the scope of preferences has to be adjusted each
year by the Commission. Regulation No 2331/2003 does so for 2005. Since the GSP is a limited trade
concession,
it has to be continued to countries and products which have a real need. Article 12 has
introduced a system of graduation/degraduation allowing the GSP to be withdrawn from countries/
products which are competitive on the international market or to reintroduce countries/products which
had been excluded from the GSP in the past for this reason but which are no longer competitive.