10 EU relations with Mauritania
| (27431)
8378/06
COM(06) 166
| Council Decision on the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement
|
| Legal base | Articles 8, 9 and 96 of the Cotonou Agreement; QMV
|
| Document originated | 10 April 2006
|
| Deposited in Parliament | 13 April 2006
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | Minister's letter of 1 June 2007
|
| Previous Committee Report | HC 34-xxvii (2005-06), para 8 (3 May 2006); also see HC 34-xii (2005-06), para 16 (30 November 2005)
|
| Discussed in Council | 15 May 2006 General Affairs and External Relations Council
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared, but further information requested (reported to the House on 3 May 2006)
|
Background
10.1 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. At the heart
of this cooperation is the European Development Fund. Article
96 of the Agreement 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.
10.2 On 29 November 2005 the European Union opened such consultations
with the Islamic Republic of Mauritania, in response to the 3
August 2005 coup d'état that overthrew an elected
Government. The background is outlined in our Twelfth Report of
30 November 2005, when we cleared the relevant Commission Communication.[21]
10.3 In its Explanatory Memorandum of 10 April 2006, which we
considered on 3 May 2006, the Commission reported that, at the
outset of the consultations, the Mauritanian interim government
gave 23 undertakings in the areas of respect for democratic principles,
fundamental freedoms and rights, the rule of law, and good governance
and promised to provide the EU with a report on their implementation
by mid-January 2006, to be followed by regular quarterly reports
on subsequent developments. The undertakings included compiling
reliable and transparent electoral rolls and the subsequent holding
of free and transparent elections, Constitutional amendments to
be submitted to a referendum, civic awareness programmes involving
political parties, civil society organisations, the media and
the National Independent Election Commission, media reform, work
on creating an independent human rights commission, application
of laws banning slavery, judicial reform, and effective participation
in the EITI.[22]
10.4 The report having been submitted on time and having demonstrated
that "steady progress" had been made, the Commission
proposed a Council Decision to conclude these formal consultations
and introduce "appropriate measures" under Article 96(2)
of the Cotonou Agreement, as set out in a draft letter from the
EU to the interim government. The measures were proposed "with
a view to underpinning the process of transition, which is acknowledged
to have delivered progress, while motivating the government to
consolidate the progress of the undertakings concerning democratisation",
and related to each of the 23 earlier undertakings. They were
to be valid for 18 months, and reviewed at least once every six
months. Preparations would begin for programming activities under
the 10th EDF (which will run from 2008-13), but would
not be signed off until the country had "effectively returned
to constitutional order after free and transparent presidential
and parliamentary elections" and new democratically elected
bodies had taken office.
10.5 In his accompanying 26 April 2006 Explanatory Memorandum,
the then Minister for Europe detailed the key elements of the
draft letter, welcomed "this opportunity to promote democratic
principles and respect for the rule of law in the Islamic Republic
of Mauritania and to demonstrate the importance the EU attaches
to the essential elements of the Cotonou Agreement", supported
the Commission's approach and the measures outlined, and said
that it was important that the EU played a constructive role in
assisting Mauritania's transition to democracy, monitored whether
necessary reforms were implemented, and reviewed progress towards
a return to constitutional order. The review mechanism enabled
the EU to have this oversight, and take appropriate action should
the Mauritanian authorities fail to deliver on their undertakings;
this approach was also "consistent with the constructive
role played by other international organisations, particularly
the African Union".
10.6 We reported the Decision to open consultations because, given
the introduction in the revised Cotonou Agreement of the link
between development assistance and good governance, the Mauritanian
authorities' response seemed an obvious "test case"
for these mutual undertakings by the EU and its ACP partners,
the outcome of which would be bound to have much wider ramifications.
We found it gratifying that, thus far, the EU's confidence appeared
to have been well-founded. We accordingly cleared the draft Council
Decision, but asked the Minister to write to us in due course
with the outcome of each of the joint reviews that were to be
carried out over the next 18 months, and his assessment thereof,
in the hope that we would be able to report further satisfactory
progress.[23]
The Minister's letter
10.7 In this letter of 1 June 2007, the Minister for Europe at
the Foreign and Commonwealth Office (Mr Geoffrey Hoon) has now
written to us in the following terms:
"The Commission sent a mission to Mauritania in February
2007. This was reviewed in Brussels at the end of March. The EU
concluded that the progress made by the Mauritanian authorities
was 'remarkable' given the number of commitments they had made,
the range of areas in which they had made these commitments, and
the time-scale they had set themselves.
"The mission noted certain areas where the Mauritanian authorities
still need to implement reforms. These include:
— reforming
media laws to make it easier for private radio stations to be
opened;
— the
creation of a national human rights commission;
— addressing
the consequences of slavery (only recently abolished in Mauritania);
— deepening
judicial reform, including reassessing powers given to judges,
and ironing out differences between Islamic and Western jurisprudence;
— deepening
reforms in the financial sector: including a new banking law;
publication of the government's accounts, and incorporation of
the UN convention against corruption into national law.
"EU Member States concluded that that the EU
should maintain a dialogue with the Mauritanian authorities on
their remaining commitments until the end of November 2007. The
Commission will send a follow up mission to the country before
this time.
"There have been further developments in Mauritania
since the EU's review. On 25 March Sidi Mohammed Ould Cheik Abdellahi
was elected President of Mauritania. International observers judged
the elections free and fair. The EU described the elections as
calm, transparent and properly conducted, and concluded that the
Mauritanian people had the opportunity to express their political
will through free and pluralist elections.
"The new government has continued to move in
this encouraging direction: for example, it has recently implemented
a new banking law. The Government will continue to engage with
Mauritania both bilaterally and alongside our EU partners to help
the country continue to develop in this positive direction".
Conclusion
10.8 We are grateful to the Minister for this
report, which indicates that progress has indeed been made, including
the period since the time of the review. This is encouraging.
10.9 But some major issues remain to be tackled.
We should therefore be grateful for a further report and assessment
following the Commission's review mission at the end of the year.
We should particularly like to know at that time what position
is proposed with regard to Mauritania and the 10th
European Development Fund.
21 See headnote. Back
22
The EITI is a multi-stakeholder initiative, with partners from
governments, international organizations, companies, NGOs, investors,
and business and industrial organizations. It aims to ensure that
the revenues from extractive industries contribute to sustainable
development and poverty reduction. At the core of the initiative
is a set of Principles and Criteria that establish how EITI should
be implemented. See http://www.eitransparency.org/ for further
details. Back
23
See headnote. Back
| 
