10 EU relations with Belarus
| (27181)
5236/06
COM(05) 582
| Commission Communication: Opening of a delegation in Belarus
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| Legal base | — |
| Document originated | 16 November 2005
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| Deposited in Parliament | 17 January 2006
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 9 February 2006
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| Previous Committee Report | None
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| To be discussed in Council | 27 February 2006 General Affairs and External Relations Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
10.1 The background to the EU's relations with the Belarus government
and approach to them and the Belarus public are set out in the
Conclusions of 7 November 2005 General Affairs and External Relations
Council (which we reproduce at Annex 1 for ease of reference).[30]
They include a welcome for the Commission decision to open a delegation
before the end of 2005.
10.2 In his Explanatory Memorandum of 9 February
2006, the Minister of State for Europe in the Foreign and Commonwealth
Office (Mr Douglas Alexander) explains that the Council and the
European Parliament have been urging the Commission to open a
delegation in Belarus for the last two years, from which the Commission
had hitherto shied away because of the poor political and human
rights situation in Belarus and the limited engagement between
the EU and Belarus. However, the enlargement of the EU in 2004
put Belarus directly on the EU's common external border. He recalls
the Conclusions at the General Affairs and External Relations
Council in November 2004 which defined
"the twin-track approach to the EU's policy
on Belarus — maintaining the restrictions on political contacts
with the Belarusian regime in accordance with the EU's Common
Position and Benchmarks, while stepping-up contact with the population,
NGOs and civil society, including through more and better targeted
technical assistance using the European Initiative for Democracy
and Human Rights. The latter requires a stronger EU presence on
the ground in Belarus. The Conclusions called on the Commission
to open a delegation in Minsk in order to enhance the European
Union's overall presence and visibility in Belarus and to communicate
and demonstrate the benefits of the European Neighbourhood Policy
(ENP) to the Belarusian population at large."
The Commission Communication
10.3 The Communication, now proposing the opening
of a Delegation in Belarus, concludes that this would allow the
Commission to follow the political situation in Belarus more closely,
deliver increased EU financial assistance in a more efficient
and targeted manner in fields that will contribute to fostering
the democratic process, increase the visibility of European Commission
assistance and improve the flow of information amongst the population
on the benefits to be reaped from the ENP. The Council is invited
to endorse it.
10.4 The Delegation in Minsk will comprise a small
staff of ten — one official who will be chargé
d'affaires, two contract agents, and seven local agents. The
Head of Delegation will be based in Kiev and will visit Minsk
on a regular basis (as has been the unofficial practice hitherto,
using the Commission office that has delivered a more limited
technical assistance programme hitherto).
10.5 Commission plans to open the Delegation early
in 2006 have been delayed as the Belarusian government has refused
so far to accredit the staff. It claims that the EU is not staffing
the Delegation with staff of the right level of seniority and
is not happy with a non-resident Head of Delegation. The Commission,
with the support of Member States, is maintaining its right to
determine the level of representation at the Delegation.
The Government's view
10.6 The Minister says that the Government believes
that the opening of a Delegation in Minsk is an important step
in helping to step-up contact with the Belarusian people, provide
more focused assistance to civil society and NGOs, increase the
visibility of the EU and provide information about the EU and
the European Neighbourhood Policy "to a wide segment of the
population that is increasingly isolated by the actions of the
Belarusian regime". He says that the Government underlined
this in the Conclusions that as Presidency it put to Member States
at the 7 November 2005 General Affairs and External Relations
Council.
Conclusion
10.7 The next benchmark in this tense relationship
will, of course, be the Presidential elections next month. Regrettably,
the picture painted on the Foreign and Commonwealth Office website
does not suggest that President Lukashenko is likely to change
his spots.[31]
It also confirms the need for a strengthened EC Delegation.
10.8 We now clear the document.
Annex 1
CONCLUSIONS OF THE GENERAL AFFAIRS AND EXTERNAL RELATIONS
COUNCIL, 7 NOVEMBER 2005
BELARUS
The Council adopted the following conclusions:
"1. Recalling its conclusions of 15 September
1997 and 22-23 November 2004, the Council expresses its deep concern
at the deteriorating situation of human rights and political freedoms
in Belarus, in particular the harassment of political parties,
independent media and NGOs and the reluctance to conduct independent
investigations into disappearances of prominent opponents of President
Lukashenko.
2. The EU wishes to see a stable, prosperous and
democratic Belarus, respecting human rights and the rule of law.
Underlining that the Belarusian people's sovereign right to decide
their own country's future should be realised in a democratic
way, the Council notes the importance of the Presidential election
in 2006, and in particular:
- Calls on the Belarusian Government to reverse the
current deteriorating trend in respect of democracy and human
rights, to ensure that the electoral process is conducted in a
free and fair manner in accordance with international standards,
and to abide by its commitments in the OSCE and the UN;
- Calls on the Belarusian Government to issue an
early invitation to a full OSCE/ODIHR election observation mission,
in accordance with the 1990 Copenhagen document, and to allow
it to operate unimpeded; and notes the willingness of EU Member
States to contribute to that mission;
- Calls on the Belarusian Government to ensure that
all eligible candidates are allowed to register for the elections,
to campaign freely and to enjoy equal access to state-controlled
media;
- Notes that the 17 October 2004 parliamentary elections
and referendum in Belarus were not conducted in a free and fair
manner; and recalls its lack of confidence that the results truly
reflected the will of the Belarusian people. The Council notes
the view of the Council of Europe's Venice Commission that the
referendum was unlawful; expresses its concern that the 2006 Presidential
election should be conducted on a legal and democratic basis.
The Council, therefore, calls on the Belarusian Government to
fully implement the recommendations of the respective reports
of the OSCE/ODIHR in time for the Presidential election of 2006.
3. The Council confirms its determination to intensify
the EU's support for democracy and human rights in Belarus. In
this context, the Council:
- Notes the importance of political pluralism and
in this regard encourages the EU's political parties to strengthen
links with their counterparts in Belarus, and welcomes the selection
of a united opposition candidate;
- Confirms its willingness to continue to work through
a range of channels to support Belarusian civil society, and welcomes
the Commission's significant allocation for support for independent
media in Belarus and its commitment to designate Belarus a priority
country for the European Initiative for Democracy and Human Rights
and Decentralised Cooperation Instruments in 2005-2006. On support
for independent media in particular, the Council requests the
Commission — on the basis of experience gained — to
consider taking further action. The Council also stresses the
importance of a flexible use of existing instruments and of the
European Neighbourhood Partnership Instrument (ENPI) serving as
a more flexible source of funding for building and promoting democracy
from 2007-2013;
- Underlines the willingness of Member States and
the institutions of the EU to promote shared democratic values
between the people of the EU and Belarus by intensifying people-to-people
contacts and by strengthening good neighbourly relations across
borders (e.g. through student and scientific exchanges, scholarships,
youth travel, contacts between small- and medium-sized enterprises,
training local authority officials, etc.).
4. In seeking to convey its positions clearly to
the Belarusian authorities and maximise the impact of its policies,
the Council:
- Reaffirms its policy on limited ministerial contact
agreed on 22-23 November 2004 but highlights its willingness to
engage with Belarusian officials;
- Welcomes the decision of the Secretary General/High
Representative to nominate, for his part, a point of contact under
his authority on Belarus; and his decision to send his Personal
Representative for Human Rights to Belarus before the end of the
year to engage with civil society and to express EU concerns to
President Lukashenko's Government;
- Welcomes the Commission's decision to open a regionalised
delegation in Minsk by the end of the year;
- States its willingness to maintain and intensify
engagement, cooperation and coordination with international partners
in order to promote democratisation in Belarus.
5. The Council will continue to monitor the situation
in Belarus closely and will revert to it in January 2006. It also
underlines its concern at the harassment of civil society organisations,
including the Union of Poles of Belarus. The Council states its
readiness to take further appropriate restrictive measures against
the responsible individuals in the event of failure to uphold
international standards, in particular commitments made in the
OSCE context.
6. At the same time, the Council reiterates its willingness
to have closer and better relations with Belarus — including
within the framework of the Partnership and Cooperation Agreement
and the European Neighbourhood Policy — once the Belarusian
authorities clearly demonstrate their willingness to respect democratic
values and the rule of law. In this context, the EU will seek
to communicate and demonstrate the benefits of the ENP to the
Belarusian population at large.
The Council also had a forward looking and strategic
discussion on the basis of three questions. On the first, a number
of delegations stressed the need for a credible EU response in
the case of failure to uphold international standards in the conduct
of the 2006 presidential elections. Examples given included visa
bans and assets freezes. On the second, a number of delegations
stressed the importance of working with international partners,
including the US and Russia. On the third, a number of delegations
stressed the importance of support for civil society and people
to people contacts as ways of encouraging reform in Belarus".
30 30 http://ue.eu.int/ueDocs/cms_Data/docs/pressData/en/gena/86850.pdf, pages 18–20.Back
31
see http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029394365&a=KCountryProfile&aid=1019233782153. Back
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