16 EU relations with Mauritania
| (26984)
14031/05
COM(05) 546
| Commission Communication on the opening of consultations with Mauritania under Article 96 of the Cotonou Agreement
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| Legal base | Article 96 of the Cotonou Agreement; QMV
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| Document originated | 28 October 2005
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| Deposited in Parliament | 10 November 2005
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter and EM of 23 November 2005
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| Previous Committee Report | None
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| To be discussed in Council | 28 November Competitiveness Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested
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Background
16.1 The Africa Caribbean and Pacific (ACP)-EC Partnership agreement
signed in Cotonou on 23 June 2000 and revised in Luxembourg on
25 June 2005 (the Cotonou Agreement) provides a framework for
relations between the EU and 77 countries of the ACP. Article
96 allows for consultations between the EU and an ACP state if
either Party is considered to be in breach of an "essential
element" of the Agreement (i.e. respect for human rights,
democratic principles or the rule of law). If no remedy to the
situation is found, cooperation with the State concerned may be
suspended, in whole or in part.
Commission Communication
16.2 In his Explanatory Memorandum of 23 November 2005, the Minister
of State for Europe in the Foreign and Commonwealth Office (Mr
Douglas Alexander) explains that on 3 August 2005, the elected
government of President Ould Taya was overthrown without bloodshed
by Colonel Vail, the leader of the "Military Council for
Justice and Democracy" (MJCD), and soldiers very close to
former President Ould Taya, who then formed the MJCD. He says
that the new regime has been accepted by the population without
ethnic distinction, by the political parties (including the party
of the former President) and by moderate Islamist groups. He continues
as follows:
"The coup was condemned by the international community, in
particular by the UN Secretary-General, the President of the African
Union Commission and the European Union. The EU Presidency condemned
all attempts to seize power by force, the Commission deplored
the seizure of power by force and called for respect for democracy
and a return to constitutional order.
"The MCJD is now entrenched and has appointed
an interim government to oversee the transition to democracy within
two years. The MCJD has been keen to gain the acceptance of the
international community and has made a number of positive undertakings,
which they have started to translate into legislative action,
namely to:
— propose amendments to the Constitution
which would limit the length and the number of presidential terms
and any subsequent amendments;
— organise free and transparent parliamentary
and presidential elections after the constitutional referendum
but not later than 24 months after the coup;
— set in motion the democratic transition,
reform the justice sector and good governance;
— guarantee political freedoms and release
prisoners of conscience; and
— uphold international treaties and conventions
ratified by the country.
"The MCJD has been careful to maintain the pro-Western
foreign policy of Taya's regime. For instance, it continues to
recognise the state of Israel and has worked hard to reassure
oil and gas companies that existing contracts will be respected.
Oil production begins in early 2006, and the MCJD has stated it
is prepared to adhere to the Extractive Industries Transparency
Initiative (EITI). EITI is a coalition of governments, companies,
civil society groups, investors and international organisations
intended to support improved governance in resource rich countries
through the full publication and verification of company payments,
and government revenues from oil, gas and mining.
"The European Commission is therefore proposing
that the Council invite the Islamic Republic of Mauritania to
hold consultations under Article 9 and 96 of the revised Cotonou
Agreement.
"The Commission proposes that cooperation activities
under way in the six, seventh, eight and ninth European Development
Funds (EDFs) should continue during the consultation period on
condition that certain special conditions of the Financial Agreements
are observed. Furthermore, it is proposed that cooperation activities
currently being planned, which would help the return to democracy
and improve governance, should also be pursued.
"The consultation should allow the Mauritanians
to be more specific about the transition programme of the new
Government, in particular:
— on aspects relating to the organisation
of legislative and presidential elections and to the return to
constitutional order; and
— on measures to be taken on economic and
political governance, on legal sector reform, and on the promotion
of public freedoms and of freedom of expression."
The Government's view
16.3 The Minister says that the Government supports
Article 96 consultations being opened, which "will offer
the opportunity to promote democratic principles in Mauritania
and to demonstrate the importance the EU attaches to the "essential
elements" of the Cotonou Agreement. It is important that
there are free, fair and fully representative democratic elections
in Mauritania as soon as possible". Whilst EU Heads of Mission
have reported that the Military Council has taken several "positive
steps" towards returning Mauritania to democracy, the EU
should continue to keep pressure on Mauritania, in order to ensure
that positive pronouncements are turned into concrete actions.
Although continuing to condemn the overthrowing of democratic
governments, the EU should engage "constructively but critically"
with Mauritania to press for a return to democratic governance
and new multiparty elections as soon as possible. "It is
to this end that consultations with Mauritania under article 96
of the Cotonou Agreement will take place. The Government will
continue to use every opportunity to press the Mauritanian authorities
to behave transparently, respect human rights and return the country
to democratic rule as soon as possible".
16.4 The Minister adds that the opening of consultations
does not automatically bring along financial implications. In
the current case the Commission is proposing that cooperation
activities under way in the six, seventh, eight and ninth envelopes
of the European Development Fund (EDF) should continue during
the consultation period.
16.5 In his letter, the Minister writes to apologise
for what he terms "an unfortunate oversight by FCO officials"
that will generate a scrutiny over-ride on this Commission Communication,
which is due to be agreed at the 28 November Competitiveness Council,
prior to the opening of Article 96 consultations in Brussels on
30 November.
Conclusion
16.6 The Committee acknowledges that the FCO
has devoted a lot of effort in recent times to improving its scrutiny
performance and that he and his predecessor work and worked hard
to keep the Committee abreast of developments, especially in CFSP/ESDP.
The Committee also sees, prima facie, nothing untoward
in what is proposed. Nonetheless, it is far from happy that proper
scrutiny has been unnecessarily, and carelessly, over-ridden.
It would not wish to see this happen again, not just in connection
with this particular matter, but generally, and expects the FCO
to return swiftly to its customary level of effectiveness.
16.7 The Minister makes no mention of what may
happen if the interim regime fails to live up to its promises.
The revision of the Cotonou Agreement agreed earlier this year
emphasises the correlation between development assistance and
good governance; although it no doubt makes sense not to scale
back assistance from the outset, the implication is presumably
acknowledged that continuation is predicated on the promised action
being carried out. We are content to clear the document, but would
like him to write to us in a year's time with an assessment of
what the consultations have led to, and his views on the right
way forward at that time.
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