33 EC/ACP Relations: Liberia
| (27549)
10010/06
COM(06) 267
| Draft Decision amending Decision 2003/631/EC adopting measures concerning Liberia under Article 96 of the ACP-EC Partnership Agreement in a case of special urgency
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| Legal base | Article 300(2) EC; Article 96 of the ACP-EC Partnership Agreement Treaty ; and Article 3 of the Internal Agreement for the implementation of the ACP-EC Partnership Agreement: QMV
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| Document originated | 30 May 2006
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| Deposited in Parliament | 5 June 2006
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 6 June 2006
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| Previous Committee Report | None
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| To be discussed in Council | 19 June 2006
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
33.1 The Cotonou Agreement provides the framework for relations
between the EU and 78 countries of Africa, the Caribbean and Pacific
(ACP), which includes Liberia. Since 25 March 2002 the
European Union's relations with Liberia have been governed by
Articles 96 and 97 of the Agreement. Article 96 provides for measures
to be taken where an ACP State has failed to fulfil an obligation
concerning human rights, democratic principles and the rule of
law. Article 97 provides for measures to be taken in cases of
serious corruption. Such measures should be proportional and prioritise
measures that least disrupt the application of the agreement.
33.2 Council Decision 2002/274/EC of 25 March 2002[108]
concluded consultations begun with Liberia in 2001, and provided
for the adoption of appropriate measures under Articles 96 and
Article 97. At that time, the transitional administration entered
into a series of human rights and governance commitments, and
the European Community took measures which included:
- regular follow up and six-month
review;
- continued implementation of projects for displaced
persons funded under a €25 million programme covering food
security, health, water and electricity (provided for under Article
72 of the Agreement, which permits humanitarian and emergency
assistance to person, i.e., not governments);
- institutional support to help fulfilment of the
human rights and governance commitments;
- restoration of the 8th EDF (European
Development Fund) National Indicative Programme (NIP), a 9th
EDF allocation and election support, conditional on restoration
of efficient democratic structures, improved financial management
and conditions for the holding of free and fair elections; and
- the Commission to remain national authorising
officer until the implementation of the second instalment of the
8th EDF NIP.
The Council Decision
33.3 Observing continuing breaches of the principles
of democracy, rule of law and governance, the Council decided,
with Decision 2003/631/EC of 25 August 2003, to extend application
of the measures to 31 December 2004.[109]
The Commission's role was retained in managing the 8th
EDF, the balance of which was made available to support peacekeeping,
demobilisation and reintegration, institution building and restoring
efficient democratic structures, and a 9th EDF allocation
was made dependent on the peace agreement entering into force
and the parties showing commitment to implementation.
33.4 In the run-up to the expiry date, the then Minister
for Europe explained in an Explanatory Memorandum of 14 December
2004 that, although the transitional administration had improved
the security situation, the humanitarian need persisted. Moreover,
serious concerns remained over the management of public finances
and of State-owned enterprises, and over an increasing level of
corruption. Furthermore, the Government Commissions created under
the Comprehensive Peace Agreement had shown insufficient progress
in improving governance and accountability. Further steps in addressing
human rights issues were also required. So, he said, lifting the
measures was not justified (since that would imply completion
of the transition process); they should instead be maintained
for a further 18 months, and the "intensive political dialogue"
with the transitional government on human rights, democracy, rule
of law and good governance should continue, until a democratically
elected and accountable President and government had been installed.
Our predecessors cleared this extension on 20 December 2004. Council
Decision 2005/16/EC extended these measures to 30 June 2006.[110]
33.5 In its Explanatory Memorandum, the Commission
says that an EU assessment mission, jointly coordinated by the
Commission and the Presidency, was conducted on 24-26 April 2006
to examine the situation before the appropriate measures expired.
The Commission summarises the outcome and its conclusions as follows:
"The assessment mission's findings showed
the Liberian government to have made little headway. This was,
however, attributable to a lack of funding and to the fact that
the current government had only recently taken office. Furthermore,
progress in a number of areas suggests that Liberia is now on
the road to recovery: the government's active involvement in implementing
the GEMAP (the anti-corruption plan initiated by the international
community), the holding of what are judged to have been free,
fair and democratic elections in October 2005, the restoration
of freedom of speech. The Liberian government therefore appears
determined to strive for good governance, respect for human rights
and the rule of law. However, the venture's success continues
to depend on the support of the international community, given
the lack of financial resources available to Liberia.
"Given the Liberian government's manifest
determination to bring about social, economic and political reconstruction
in Liberia, all activities in pursuit of that goal should be supported
and encouraged. The appropriate measures adopted by Council Decision
2003/631/BC and amended by Decision 2005/16/BC should therefore
be terminated. An enhanced, structured political dialogue based
on Article 8 of the ACP-EC Partnership Agreement could be established
to monitor developments in the situation."
The Government's view
33.6 Referring to what, in his 6 June 2006 Explanatory
Memorandum, the Minister for Europe (Mr Geoffrey Hoon), describes
as over 20 years of appallingly bad government and a 15-year civil
war, he says that Liberia is slowly beginning to consolidate the
fragile peace process and return to democracy. However, heavily
burdened by its history, there remains an enormous challenge before
the new government, with progress needed in human rights and the
rule of law, as well as revitalisation of the economy, and the
provision of even the most basic services to the population. But,
in his view, the Liberian government is showing good political
commitment to improve the situation in the country.
33.7 He goes on to explain that the current Article
96 provisions covering Liberia should be cancelled once a democratically
elected and accountable president and government has been installed,
and that such a new government was inaugurated in January 2006,
under Africa's first elected woman leader, Ellen Johnson Sirleaf.
He says that in the five months the new government has been in
power, much progress has been made on a range of issues —
consolidation of parliamentary democracy, institutionalising respect
for freedom of expression and press freedom — and showing:
"full commitment to the robust implementation
of the Governance and Economic Management Assistance Programme
(GEMAP), which aims to cut corruption and diversion of state resources
by those in power. The UK believes that the new government in
Monrovia is determined to introduce democratic change, to tackle
rampant corruption, to reform the public sector, and to maintain
accountable security over national territory."
33.8 The Government would like to encourage the Liberian
government to continue down this road, and are doing so via the
Guest of Government visit by President Johnson-Sirleaf on 29 May-1
June:
"Lifting the measures adopted under Article 96
of the ACPEC Partnership Agreement and replacing them
with an enhanced, structured political dialogue based on Article 8
of the ACPEC Partnership Agreement will be another sign
of our support to the progress made by the Liberian government."
Conclusion
33.9 We have no questions to put to the Minister
and clear the document.
33.10 We consider reporting this development to
the House appropriate because of the widespread interest in Africa
and because it is a welcome indication that, at least thus far,
the process enshrined in the EC-ACP Agreement is capable of bearing
fruit in even the most challenging circumstances. We can but hope
that it continues to do so, and provides encouragement to those
engaged in similar missions elsewhere on the continent.
108 OJ No. L 96, 13.04.2002, p. 23. Back
109
OJ No. L 220, 03.09.2003, p. 3. Back
110
OJ No. L 8, 12.01.2005, p. 12. Back
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