Mexican record under scrutiny

Date: 05/06/1997

By Mark Turner

CONCERNS that Mexico will not accept a binding commitment to human rights in a free trade deal with the EU are overshadowing negotiations due to begin next week.

Although Mexico's Foreign Minister José Angel Gurría has stated publicly that he will accept a reciprocal human rights clause “between equal partners”, civil liberties groups and Brussels insiders fear that the article's precise drafting could cause difficulties.

The near-collapse of Union talks with Australia over the same issue - although on a purely political rather than a trade treaty - demonstrates the problem the Union faces in forcing its democratic vision upon the world.

Since 1995, the European Commission has been legally obliged to include references to human rights - and a 'suspension' clause should they not be respected - in all its trade and cooperation agreements. But the EU's developed partners have not always proved willing to accept what they argue is a patronising and legally questionable stipulation.

In Australia's case, disagreements over the drafting of the clause all but sunk negotiations, with Canberra concerned that it might compromise its rights under the World Trade Organisation, sectoral deals and bilateral agreements with EU members.

The two sides now look likely to settle for a softer political declaration rather than a formal treaty, with a text almost complete and ready for signature.

Although talks with Mexico look more hopeful, especially following recent positive announcements by Gurría at an EU-Rio Group meeting, diplomats warn that they are far from cut and dried. Brussels officials suggest that Mexico's continued insistence on the principles of non-interference and self-determination bode ill for the clause.

Civil liberties group Human Rights Watch has written to External Relations Commissioner Manuel Marín calling on the EU to “take all possible steps to promote the respect of human rights in Mexico”, pointing to a “consistent pattern of violations” in the country.

It urges both sides to “include the human rights and democracy clause in the interim agreement”, and calls for the appointment of a human rights officer to the Commission's Mexico delegation.

Mexico City has consistently rejected Human Rights Watch's claims - especially of a government crack-down on human rights organisations - saying it misunderstands the country's legal situation.

Despite these difficulties, negotiators from both sides are optimistic and hope the meeting next week will complete both an interim agreement pushing forward free trade in goods and a more comprehensive 'global agreement' covering intergovernmental relations.