Joan Burton (Dublin West, Labour)
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Question 49: To ask the Minister for Foreign Affairs the precise manner of monitoring, and ensuring compliance envisaged, in relation to human rights in the proposed EU and Colombia agreement. [43136/10]

Micheál Martin (Cork South Central, Fianna Fail)
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EU relations with Colombia are conducted in the framework of regional relations between the EU and the Andean Community, comprising Bolivia, Colombia, Ecuador and Peru. In 2007, negotiations aimed at concluding a comprehensive Association Agreement between the EU and the Andean Community were formally launched. Such Agreements cover all facets of relations between the EU and these countries, including political dialogue, economic cooperation and trade. However, as not all member states of the Andean Community were in a position to proceed with free trade negotiations, the decision was taken to commence negotiations on a multiparty Free Trade Agreement (FTA) between the EU and two member states of the Andean Community – Colombia and Peru - within the overall framework of the Association Agreement. The negotiations were carried out by the European Commission on the basis of a mandate from the Council and they concluded on 1 March 2010.

The Agreement includes a human rights clause committing both EU Member States and Colombia to the implementation of their human rights responsibilities. This clause constitutes an essential element of the Agreement; that means that the concessions it contains may be unilaterally suspended in the event of violation by any of the signatory countries. The FTA also foresees a monitoring mechanism to ensure that both sides adopt and correctly implement environmental and International Labour Rights (ILO) conventions. While the details of this mechanism have yet to be agreed by both sides, it envisages the establishment of a body which would follow up on the implementation of the human rights, labour and environment clauses of the Agreement. The involvement of civil society institutions in the monitoring process is anticipated. This will help to ensure public confidence in the implementation of these important aspects of the FTA.