13 BREACH OF COTONOU AGREEMENT BY REPUBLIC
OF GUINEA
(26227)
16041/04
COM(04) 804
| Draft Council Decision to close consultations between the EU and Guinea under Article 96 of the Cotonou Agreement
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| Legal base | Articles 9 and 96 of the Cotonou Agreement; QMV
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| Document originated | 10 December 2004
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| Deposited in Parliament |
17 December 2004 |
| Department | Foreign and Commonwealth Office
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| Basis of consideration |
EM of 6 January 2005 |
| Previous Committee Report |
None |
| To be discussed in Council
| 31 January 2005 GAERC |
| Committee's assessment | Politically important
|
| Committee's decision | Cleared, but further information requested
|
Background
13.1 The Cotonou Agreement of June 2002 provides the framework
for relations between the EU and 77 countries of Africa, the Caribbean
and the Pacific (ACP). Article 96 allows for consultations between
the EU and an ACP state if the ACP State is considered to be in
breach of an "essential element" of the agreement (respect
for human rights and fundamental freedoms). If no remedy is found,
"appropriate measures" may be taken including, as a
last resort, total or partial suspension of the Agreement.
13.2 On 30 March 2004, the European Union decided to open consultations
with Guinea under Article 96 of the Cotonou Agreement. This decision
(which we cleared on 17 December 2003) was taken because of the
deterioration of democracy and the rule of law, failure to respect
human rights and fundamental freedoms and the lack of good economic
governance, culminating in the December 2003 presidential elections,
held in contentious conditions and without real electoral competition
— so much so that the regional African body, ECOWAS, refused
to monitor the elections in order to avoid giving them legitimacy.
The draft Council Decision
13.3 This draft Council Decision contains a letter from the EU
to the Government of Guinea (GOG), informing it that Article 96
consultations are now concluded and that the measures specified
have been adopted as appropriate measures within the meaning of
Article 96(2)(c) of the Cotonou Agreement. The 31 January General
Affairs and External Relations Council is expected to adopt the
letter and thereby close the consultations.
13.4 The nature and outcome of the consultations,
and the continuing challenges to the restoration of normal relations
under the Agreement, are helpfully set out by the Minister for
Europe (Mr Denis MacShane) in his Explanatory Memorandum of 6
January 2005:
"The meeting opening consultations, initially
planned for 15 April 2004, was held on 20 July 2004. Guinea
made certain undertakings including:
i) a return to democracy through resumption
of dialogue with the traditional opposition and civil society,
including revision of the electoral arrangements; and holding
local and parliamentary elections based on the new electoral arrangements
in June 2005 and June 2007 respectively;
ii) upholding the Constitution and the law,
so guaranteeing respect for human rights and fundamental freedoms,
including the rights of political parties to organise, meet, demonstrate
and speak in public; launching discussion on a legal framework
for liberalisation of the airwaves;
iii) promoting decentralisation; and
iv) enhancing macroeconomic management and
implementing sectoral reforms.
"The conclusions of the meeting also provided
that the EU would continue the dialogue with a view to ensuring
that democracy and the rule of law in Guinea were enhanced as
fast as possible, this being a prerequisite for a complete normalisation
of relations. Ongoing dialogue was conducted between the Guinean
Government and EU representatives.
"The Guinean Government presented a progress
report on 30 September 2004, following which a joint mission (EU
Presidency and the Commission) went to Guinea and, in collaboration
with Member States' representatives, evaluated implementation
of the undertakings. The EU also communicated these undertakings
to the President of the National Assembly, the Economic and Social
Council, the members of the former National Electoral Council,
political representatives, representatives of civil society, including
the press, and ACP countries' ambassadors to Guinea.
"The mission found that the Guinean authorities
showed great willingness both to continue and step up talks and
to facilitate the EU mission and that the Guinean authorities
had taken encouraging initiatives in relation to some undertakings.
In particular:
i) The Government showed willingness to resume
political dialogue with political representatives with a view
to revising electoral arrangements. The official ceremony marking
the resumption of dialogue took place on 31 August 2004 and an
inter-party co-ordination office was set up to facilitate dialogue.
ii) The Government confirmed its decision
to organise local elections in June 2005 and to step up decentralisation.
A number of draft legislative texts were being drawn up which
would, when the time came,, be discussed with those involved in
the process, and with donors. The Government confirmed its decision
to organise parliamentary elections within the time limits set
by the Constitution, i.e. in June 2007. The Government expressed
its willingness to consider the possibility of bringing forward
the election date if the opposition so required and if there was
a political consensus for this move among the political parties.
iii) The Government announced a timetable
for liberalisation of the airwaves.
iv) The Government confirmed measures, with
a timetable for implementation, in the field of macroeconomic
management and sectoral reform.
"However, most of these undertakings are
to be implemented over an extended period and it will be necessary
to monitor their implementation over time. A number of points
also continue to give rise to serious concern: despite the willingness
expressed by the government and the opposition to engage in dialogue,
the government has a poor track record, and resumption of dialogue
is proving difficult. It is therefore hard for the Government
to set a timetable for the dialogue and, more importantly, for
revision of the electoral arrangements. This could endanger compliance
with the undertakings to hold local and parliamentary elections
on time.
"At the conclusion of the consultations,
taking into account the initiatives noted thus far and the important
measures still to be put in hand, the Commission proposes adopting
appropriate measures under Article 96(2)(c) of the Cotonou Agreement
as set out in the attached Decision. The measures are proposed
with a view to underpinning the process in recognition of progress
made, motivating the Government to consolidate this progress and,
above all, speeding up performance of the undertakings concerning
the restoration of democracy.
"An enhanced political dialogue will be
conducted with the Guinean Government over a 36-month monitoring
period in order to ensure that it continues on the path mapped
out towards democracy and the rule of law and pursues and consolidates
its efforts in the field of human rights and fundamental freedoms.
This dialogue will involve the EU Presidency and the European
Commission and bi-annual evaluations will be carried out over
the monitoring period.
"If implementation of the Guinean authorities'
undertakings speeds up, or breaks down, the EU reserves the right
to adjust the appropriate measures by means of a new Council Decision
amending this proposal.
"In view of the above, and in accordance
with Articles 9 and 96 of the Cotonou Agreement, the Commission
proposes that the Council conclude the consultations with Guinea
and adopt the attached Decision."
The Government's view
13.5 The Minister says:
"The Government welcomes any opportunity
to promote democratic principles in the Republic of Guinea and
to demonstrate the importance the EU attaches to the essential
elements of the Cotonou Agreement. No new policy implications
arise. However, if negotiations break down our Ambassador is likely
to face pressure from Government of Guinea to lobby on their behalf
within the EU. Government policy will remain unchanged."
Conclusion
13.6 We did not judge the opening of consultations
as of sufficient political importance to warrant a substantive
report to the House. But we consider that their closure, and
the beginning of a three-year process that will, in many ways,
indicate the practicability of the "conditionality"
approach enshrined in the Cotonou process — assistance accompanied
by, but not in the absence of, democratic progress — warrants
a Report to the House.
13.7 In clearing the draft Decision, we ask the
Minister to inform us of the outcome of each of the periodic evaluations
and to give his view on it.
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