15 Relations with Mauritania
| (30484) 6963/09 COM(09) 92
| Draft Council Decision concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement
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| Legal base | Articles 9 (2) and 96 of the Cotonou Agreement
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| Document originated | 24 February 2009
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| Deposited in Parliament | 11 March 2009
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 12 March 2009
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| Previous Committee Report | None; but see (29940) 12669/08: HC 16-xxx (2007-08), chapter 17 (8 October 2008)
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| To be discussed in Council | 5 April 2009 Justice and Home Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
15.1 The Cotonou Agreement[71]
provides the framework for relations between the EU and 77 countries
of Africa, the Caribbean and the Pacific (ACP). It is based on
five interdependent pillars:
— a
comprehensive political dimension;
— participatory approaches;
— a strengthened focus on poverty reduction;
— a new framework for economic and trade
cooperation;
— a reform of financial cooperation.
15.2 Its overarching objective is the reduction and
eventual eradication of poverty, consistent with sustainable development
objectives; and the gradual integration of ACP states into the
world economy.
15.3 It was revised in 2005, particularly to incorporate
"good governance" provisions. Article 96 provides 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,
as set out in Article 9 of the Agreement). If no remedy is found,
"appropriate measures" may be taken including, as a
last resort, total or partial suspension of the Agreement.
15.4 Mauritania is a signatory. Last October we considered
Commission Communication 12669/08 on the opening of consultations
with Mauritania under Article 96 of the Agreement.
15.5 The Commission noted that, since the 1980s,
the history of Mauritania has been marked by numerous coup attempts,
which "was how Colonel Ould Taya seized power in 1984, succeeding
President Ould Haidallah". The Taya regime remained in power
for almost twenty years, overseeing a succession of contested
elections but "notable, above all, for the ethnic cleansing
of the administration in the late eighties and early nineties
and other ethnically-motivated measures which caused thousands
of Mauritanians to leave the country for Senegal and Mali."
It was against this background, the Commission said, that the
bloodless coup of 3 August 2005 was carried out by members of
the military very close to former President Ould Taya, who formed
a military council under the leadership of Colonel Ely Ould Mohamed
Val. This interim authority, the Commission said, carried through
an exemplary democratic transition with the support of the international
community and the European Union in particular; after a series
of democratic polls — a constitutional referendum and parliamentary
and presidential elections — Mauritania's first democratically
elected President took office in March 2007.
15.6 However, on 6 August 2008, generals from the
Mauritanian army, former members of the military council that
had led Mauritania's democratic transition in 2005-2007, carried
out another bloodless coup. They arrested the elected President
Sidi Ould Cheikh Abdallahi and the Prime Minister Yahya Ould Ahmed
Waghef, and one of the generals involved in the coup, Mohamed
Ould Abdel Aziz, proclaimed himself head of a "High State
Council of armed and security forces" made up of 11 members
of the military who, he announced, would take the necessary measures
to guarantee the continuity of the State and cooperate with the
institutions, political forces and civil society to supervise
the holding of a presidential election.
15.7 On the same day the EU Presidency and the Commission
condemned the coup, calling for respect for democracy and the
legal institutional framework that had been in place since 2007,
and for the release and return to office of the President and
Prime Minister.
15.8 The Commission noted that the coup had also
been widely condemned by the international community, including
the United States and the African Union; and that the latter,
like the Arab Maghreb Union, has sent an envoy, to follow developments
and help to promote a peaceful settlement of the crisis.
15.9 These events were the culmination of a political
crisis which started three months earlier (which were outlined
in detail in the Communication) but which, until the coup, had
remained within the constitutional framework. The military leaders
and those in authority who supported them had, the Commission
said, argued that this coup was the only possible solution to
the institutional stalemates of recent months and the steady deterioration
of the situation in Mauritania. The Commission, however, considered
that any solution falling outside the framework of Mauritania's
constitution was completely unacceptable; although difficult,
the Commission believed that a solution within that framework
was possible, and "would have been far preferable to simply
halting a democratic process that had been put in place with considerable
political and financial support from the international community
and the EU in particular."
15.10 Recalling the "essential elements"
in Article 9(2) on which the Partnership is based, and that democratic
principles and the rule of law underpinned the domestic and international
policies of the Parties, the Commission found that the circumstances
in which the military junta had taken power were "a particularly
serious and manifest violation of these essential elements and
deems the situation to be a case of special urgency within the
meaning of Article 96(2)(b) of the Agreement"; opening consultations
with the authorities in power in Mauritania was therefore necessary
in order to examine possible solutions to the crisis which would
re-establish constitutional order.
15.11 The Commission also proposed that, during the
consultation period, ongoing cooperation activities be confined
to humanitarian measures or those that directly benefit the population
(including support under Envelope B of the 9th EDF
to deal with the effects of flooding), contract implementation
and payments relating to contracts already being implemented (including
road and infrastructure works), subject to compliance with the
specific conditions of the financing agreements. Where the preparation
of new programmes for the recently signed 10th EDF
entailed repeated contact with the national authorities, project
preparation activities would be limited, except in the case of
any humanitarian measures or measures that directly benefitted
the population. The Commission was also verifying whether the
conditions for implementation of the Fisheries Partnership Agreement
and its recently revised protocol were still met, following which
it reserved "the right to take any action which may be necessary
in accordance with the Fisheries Partnership Agreement".
15.12 In his accompanying Explanatory Memorandum
and separate letter of 12 September 2008, the then Minister for
Europe at the Foreign and Commonwealth Office (Mr Jim Murphy)
supported the need for quick action by the EU and the response
recommended in the Communication, which he said would "place
pressure on the Mauritanian leadership with the intention of securing
the release of the Mauritanian President and Prime Minister and
a return to multiparty democracy." Though the situation on
the ground remained calm, it was important that the democratic
institutions of Mauritania were reinstated as soon as possible;
the Government would continue to use every opportunity to press
the Mauritanian authorities to release the deposed President and
Prime Minister, to behave transparently, respect human rights,
and return the country to democratic rule as soon as possible.
15.13 He concluded by saying that "the speed
of events on the ground coupled with the need to act decisively
means that there is not enough time for your Committee to scrutinise
the Decision" and hopes that the Committee will understand
"if I agree to this proposal before scrutiny has been completed."
We accepted the Minister's explanation, and cleared the document,
which was adopted by the 15 September General Affairs and External
Relations Council (GAERC).
15.14 In view of the widespread interest in EU-ACP
relations — which in this instance had the added dimension
of relations with the EU's Mediterranean partners[72]
— and the EU's endeavour to establish a link between development
assistance and good governance, we also reported these developments
to the House.
The draft Council Decision
15.15 This Council Decision proposes to end formal
consultations with Mauritania under Article 96 of the Cotonou
Agreement and, in terms of the "appropriate measures"
that may then be proposed thereunder, to suspend most development
funds under the 10th EDF, to "drastically reduce"
the amount of economic aid granted directly to the government
and agencies and companies of the state, or managed by the state.
The Commission says that this will formalise the situation since
the 6 August coup when all new aid was frozen by the EU. The proposed
funding programme for 2008-2013 amounts to just over €158
million.
15.16 The Commission also proposes:
— that
payments relating to contracts already in progress will be honoured
in accordance with ongoing decisions related to funding;
— that new contracts may be signed, based
on the current financing agreements, for proposed programmes relating
to democracy and human rights, financial support of NGOs, food
and refugee returns;
— "exceptionally" to continue
financing migration programmes;
— only to release funding for programmes
to renew the port at Nouahibou and carry out wreck removal there
once a suitably acceptable solution arises;
— to restore full development funding only
when sufficient progress towards democracy has been made.
The Government's View
15.17 In her Explanatory Memorandum of 12 March 2009,
the Minister for Europe at the Foreign and Commonwealth Office
(Caroline Flint) recalls the events of last year that led to the
earlier Communication, and continues as follows:
"In response to the coup, the European Union
wrote to the Islamic Republic of Mauritania in September 2008
informing them of its intention to initiate a process under Article
96 of the Cotonou Agreement. On 20 October 2008, EU officials
met with representatives from the Mauritanian military regime
to discuss procedures under Article 96 of the Agreement. Proposals
submitted at that time were unacceptable to the EU as they did
not include the immediate, unconditional release of the legitimate
president and did not provide the framework for the restoration
of the constitutional order in the short term. Mauritania was
given one month to provide the EU with proposals for the restoration
of constitutional order or face 'appropriate measures'. Mauritania
failed to submit alternate proposals acceptable to the EU by 20
November deadline. On 14 November 2008, the deposed President
was released into house arrest.
"In a communiqué of 10 November 2008,
six regional organisations (the AU, United Nations, the EU, la
Francophonie, the OIC,[73]
the Arab League) set out their demands:
- "the unconditional release
of the President;
- "the involvement of the
President, given his democratically-elected status, in finding
a way out of the crisis;
- "the involvement of all
concerned actors;
- "respect for the Mauritanian
constitution and international law.
"The permanent members (except China) and African
non-permanent members of the UN Security Council associated themselves
with this statement. The same organisations and Security Council
members (including China this time) met on 21 November 2008 and
reaffirmed the elements in the 10 November communiqué.
They concluded that the junta's proposals were not acceptable.
"On 25 November 2008, the EU agreed to continue
consultations and take stock after the next round of meetings
which took place on 6 and 7 December 2008. On 21 December 2008,
the President was released from house arrest, although it would
appear his movements are being monitored and restricted. On 27
December 2008 the military regime began unity talks with a view
to holding Presidential elections. Reports indicate the unity
talks, which finished on 5 January 2009, were not a success. The
deposed President and several political parties boycotted them
and the main opposition party denounced the 'conclusions'. However,
this has not stopped the military regime from announcing on 11
January 2009 that Presidential elections will be held on 6 June
2009 and a constitutional referendum on 20 June 2009. General
Abdel Aziz has indicated he will step down as leader and resign
his military role in order to stand in the elections.
"Along with EU partners, particularly France,
we see the release of the President and the recent moves towards
democracy as a symbolic gesture at this stage. It is likely the
moves towards democracy are an attempt at reducing movement within
the EU towards tougher measures under Article 96 of the Cotonou
Agreement. The UK is concerned that there is not enough time to
ensure the proposed elections in June are free and fair.
"In line with the wider international community
the UK's objectives continue to be the removal of all restrictions
on the deposed president; more involvement of the political parties
and civil society in the democratic process; and, a clear and
realistic electoral timetable with a clearer statement of
principles.
"The Mauritanian military junta has already
argued that the imposition of measures under Article 96 of the
Cotonou Agreement would not be consistent with international law
and that it would constitute interference in domestic matters.
However, under the terms of Cotonou Agreement the EU can take
'appropriate measures' where another party to the agreement fails
to uphold the 'fundamental' and 'essential elements'. We are content
that there is a legal basis for the imposition of measures by
the EU in this case.
"The UK supports the European Commission's approach
and the 'appropriate measures' it outlines, namely a suspension
of most new funding under the 10th EDF. However, humanitarian
aid will continue, as well as direct support to the population,
support to civil society (outside the EDF), funding on migration
under the 9th EDF regional funds and support for refugee
return. The Commission also proposes to retain the possibility
of new projects under the regional B packet of the 10th
EDF for response to the food crisis, as well as support to agriculture
to increase food security, provided that funding goes to non-state
actors and international organisations. Existing contracts will
also be honoured. The Commission will continue a political and
sectoral dialogue, at technical level, without recognising the
legality of the regime.
"It is important that the EU play a constructive
role in assisting Mauritania's transition to democracy, monitor
whether necessary reforms are implemented, and review progress
towards a return to constitutional order. The review mechanism
enables the EU to have this oversight, and take appropriate action
should the Mauritanian authorities fail to deliver on their undertakings.
This approach is also consistent with the constructive role played
by other international organisations, particularly the African
Union.
15.18 The Minister concludes by saying that she expects
this Council Decision to be agreed at the Justice and Home Affairs
Council on 5 April 2009.
Conclusion
15.19 We agree with the Minister that no legal
issues arise from the Commission's proposals, and clear the document.
In so doing, we ask that the Minister alert the Committee to any
proposals to change the level of provision under the 10th
EDF prior to the conclusion of the Article 96 process and the
full restoration of the status quo ante.
15.20 We are reporting this development to the
House because of the widespread interest in the issues involved,
and in the light of our continuing interest in the effectiveness
of the Article 96 process.[74]
71 See http://ec.europa.eu/development/geographical/cotonouintro_en.cfm
for full information on the Cotonou Agreement. Back
72
The Commission notes also that Mauritania is not a member of either
ECOWAS (which it left in 2000) or the West African Economic and
Monetary Union, but it is member of the Arab League and the Arab
Maghreb Union; has been participating in the Euro-Mediterranean
Barcelona Process as a full member since November 2007; and is
also taking part in the Union for the Mediterranean. Back
73
The Organization of the Islamic Conference (OIC) is the second
largest inter-governmental organization after the United Nations,
with a membership of 57 states spread over four continents. See
http://www.oic-oci.org/ for full information. Back
74
See also, for example, (26227) 16041/04 and (29544) 7499/08: HC
19-x (2008-09), chapter 7 and (30446) 6543/09: HC 19-x (2008-09),
chapter 8 (11 March 2008) on the Article 96 process and Guinea-Bissau. Back
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