Seventh Report of Session 2008-09 - European Scrutiny Committee Contents


12 The EU and Central Asia

(30174)

Council Joint Action amending the mandate of the Special Representative of the European Union for Central Asia

Legal baseArticles 14, 18.5, and 23.2 EU; QMV
DepartmentForeign and Commonwealth Office
Basis of considerationMinister's letter of 15 January 2009
Previous Committee ReportHC 16-xxxvi (2007-08), chapter 19 (26 November 2008); (28873) —: HC 41-xxxiii (2006-07), chapter 18 (2 October 2007); and (28674) —: HC 41-xxv (2006-07) chapter 12 (13 June 2007)
Discussed in Council2 December 2008 Economic and Financial Affairs Council
Committee's assessmentPolitically important
Committee's decisionCleared, (decision reported on 26 November 2008); further information now provided

Background

12.1 EU Special Representatives (EUSRs) are appointed to represent Common Foreign and Security Policy where the Council agrees that an additional EU presence on the ground is needed to deliver the political objectives of the Union. They were established under Article 18 of the 1997 Amsterdam Treaty and are appointed by the Council. The aim of the EUSRs is to represent the EU in troubled regions and countries and to play an active part in promoting the interests and the policies of the EU.

12.2 An EUSR is appointed by Council by a Joint Action under the EU Treaty. The substance of his or her mandate depends on the political context of the deployment. Some provide a political backing to an ESDP operation, others focus on carrying out or contribute to developing an EU policy. All EUSRs carry out their duties under the authority and operational direction of the High Representative (Javier Solana). Each is financed out of the CFSP budget implemented by the Commission. Member States also contribute directly for example through staff secondment to the EUSR's office.

The EU Strategy for Central Asia

12.3 The Common Strategy instrument was created by the Amsterdam Treaty, as the means of setting out the objectives, overall policy guidelines, organisation and duration of the EU's external policies towards geographic or thematic areas.

12.4 The EU Strategy for Central Asia — Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan — sets out the EU's approach to promoting democracy, human rights, good governance and sustainable development, counter-terrorism, counter-narcotics and energy security in Central Asia. It lays out how it intends to work within existing instruments, such as the Partnership and Co-operation Agreements and other cooperation frameworks, to enhance cooperation.

12.5 We considered it on 13 June 2007 on the basis of a 6 June 2007 Explanatory Memorandum from the then Minister for Europe at the Foreign and Commonwealth Office (Mr Geoffrey Hoon). He explained that:

—   the December 2006 European Council mandated the incoming German Presidency to prepare the Strategy for adoption at the European Council in June 2007;

—  the Strategy would serve as the general framework for enhancing EU cooperation with the Central Asian states over the next 5-10 years;

—  it was not a legislative document, but would sit alongside the European Commission's 2007-2013 Assistance Strategy for Central Asia, which provides the resources to support the strengthening of political dialogue with the Central Asian states; and

—  it was based on "a clear sense, both within the EU and the Central Asia region, that the EU's profile in the region was low, and fell some way behind that of Russia, China and the United States".

12.6 The EU interest in security and stability as well as in adherence to human rights and the rule of law in Central Asian States derived from:

—  strategic, political and economic developments as well as increasing trans-regional challenges in Central Asia impacting directly or indirectly on EU interests;

—  with EU enlargement, the inclusion of the Southern Caucasus into the European Neighbourhood Policy and the Black Sea Synergy Initiative; and

—  significant energy resources in Central Asia and the region's aim to diversify trade partners and supply routes helping to meet EU energy security and supply needs.

12.7 Security questions and regional economic development also required close EU cooperation with each Central Asian state, taking into account their geographical location — in particular with respect to Afghanistan, Pakistan and Iran — in the areas of border management, migration, the fight against organised crime and international terrorism, as well as human, drugs, and arms trafficking. EU dependency on external energy sources and the need for a diversified energy supply policy in order to increase energy security opened further perspectives for cooperation, to strengthen local energy markets, improve investment conditions, increase energy production and efficiency and diversify energy supply and distribution in the region. Priorities for cooperation with each Central Asian state would be according to its specific needs, requirements and performance, including human rights, good governance, democracy and social development. In order to address issues of particular importance, the EU would within the framework of this Strategy:

—  establish a regular regional political dialogue at Foreign Ministerial level;

—  start a "European Education Initiative" and support Central Asian countries in the development of an "e-silk-highway";

—  start an "EU Rule of Law Initiative";

—  establish a regular, results-oriented "Human Rights Dialogue" with each of the Central Asian States;

—  conduct a regular energy dialogue.

12.8 As well as making full use of the potential of Partnership and Co-operation Agreements, Commission and Member States' programmes, the EU would make greater use of cooperation frameworks such as the Baku Initiative. Co-operation with the UN, OSCE, the Council of Europe, NATO, international financial institutions and with other regional organisations and fora would be enhanced.

12.9 The EUSR would monitor the implementation process, make recommendations and report to relevant Council bodies on a regular basis.

12.10 Use would be made of twinning and seconding staff between EU and Central Asian administrations or companies and public-private partnership initiatives. Interaction with international financial institutions would be strengthened, including the World Bank and the European Bank for Reconstruction and Development (EBRD) and the European Investment Bank (EIB).

12.11 The paper then developed each of these broad approaches in greater detail.

12.12 The Strategy included an automatic review mechanism in June 2008 and every two years subsequently.

12.13 The then Minister said that there were no direct additional financial implications for the UK. Within the new external assistance instruments based on the EU budget for 2007-2013, the Commission had allocated €750 million for Central Asia, which would be disbursed through the European Commission Assistance Strategy for Central Asia for 2007-2013. The average annual allocation for the region would increase from €58 million in 2007 to €139 million in 2013.

12.14 We cleared the draft Strategy, prior to its agreement at the 18 June General Affairs and External Relations Council and subsequent adoption by the 21-22 June European Council.[32]

The European Union Special Representative for Central Asia

12.15 The EU established a Special Representative for Central Asia in September 2005 to ensure coordination and consistency of external EU actions in the region. Jan Kubis, the former Secretary-General of the Organisation for Security and Co-operation in Europe, was appointed to this position. Mr Kubis resigned in July 2006 on his appointment as Slovak Foreign Minister and Mr Pierre Morel was appointed in September 2006.

12.16 His initial mandate was based on contributing to the strengthening of democracy, rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia. It also focused on enhancing EU effectiveness and visibility in the region, including through a closer coordination with other relevant partners and international organisations, such as the Organisation for Security and Co-operation in Europe. The mandate was amended to contribute to wider Common Foreign and Security Policy work on energy security, and to help develop bilateral energy cooperation with important producer and transit partners in Central Asia. We cleared the most recent amendment on 2 October 2007.[33]

12.17 This was brought about by the adoption of the EU Strategy for Central Asia. As well as assigning the EUSR an enhanced role in monitoring implementation, making recommendations and reporting to relevant Council bodies on a regular basis, the EUSR was tasked with developing contacts and cooperation with relevant regional and international organisations interested in Central Asia. These include the Shanghai Co-operation Organisation (SCO), the Collective Security Treaty Organisation (CSTO) and the Central Asian Regional Information and Co-ordination Centre (CARICC) — a UN led project which has established a regional body dealing with co-ordination of anti-drug activities. A specific tasking was also added in relation to input on the formulation of the counter-narcotics aspects of Common Foreign and Security Policy. The EUSR was to be instrumental in drawing up the individual country action plans envisaged as the first step towards implementation. The formalisation of ad hoc contacts and cooperation with the other major regional players as developed over the previous year was expected to lead to better access and greater understanding of other regional organisations.

12.18 The then Minister said that since his appointment Mr Morel had travelled widely in the region; produced the initial draft of the new Strategy; and contributed to EU discussions on policy towards the region, including on energy security and counter-narcotics; more broadly, Mr Morel would "continue to provide a common focus for delivering EU messages not just on key human rights issues, but also on the benefits of regional cooperation and on potential EU cooperation and technical assistance in helping the region to address some of its shared socio-economic difficulties".

12.19 As well as requiring the Special Representative to play a more significant role in monitoring and reporting on the implementation of the Strategy, the then Minister noted that he would be "instrumental in drawing up the individual country action plans envisaged at the first step towards implementation" and that the amendments formalised the Special Representative's role in developing contacts and cooperation with the other major regional players: "Whereas this has been happening on an ad hoc basis over the last year, the formalising of this role is expected to lead to better access and greater understanding of other regional organisations".

12.20 For our part, when clearing the Strategy, we noted that it was timely, comprehensive and ambitious; and also that — thanks to UK efforts, we were told — was properly balanced, with the introduction stating that "the development and consolidation of stable, just and open societies, adhering to international norms, is essential to bring the partnership between the European Union and Central Asian States to full fruition". We recalled that differences between the EU and the authorities in Uzbekistan over good governance issues, and the latter's failure to respond to international concern, illustrated the extent of the challenges that would have to be overcome in at least one instance before that full fruition was attained; and that the travails that the EU-Russia relationship was undergoing also illustrated the inherent difficulties in creating the sort of partnership to which the European Union naturally aspired, but which remained elusive and problematic.

12.21 While also noting that there were no financial implications for the UK, we presumed that the UK would be involved in at least some of the bilateral programmes envisaged under the strategy, and asked the Minister, when he submitted an Explanatory Memorandum on the 2008 review, to outline what relevant UK activity there had been and how much it had cost.

12.22 We also asked that the Minister outline and assess Mr Morel's contribution at that stage, including what progress had been made in drawing up each of the Action Plans to which he referred and in resolving any of the more contentious issues with Central Asian partners.

12.23 Most recently, we cleared a Joint Action providing for Article 3(1)(i) of Joint Action 2008/107/CFSP to be replaced by the following text:

"(i) provide input to the formulation of energy security, anti-narcotics and water resource management aspects of the CFSP with respect to Central Asia."

12.24 In her accompanying Explanatory Memorandum of 19 November 2008, the Minister for Europe at the Foreign and Commonwealth Office (Caroline Flint) said that Mr Morel had continued to travel widely in the region, contribute to EU discussions on policy towards the region, including on energy security and counter-narcotics and be effective in raising the profile of the EU in Central Asia. As well as expecting Mr Morel to continue to provide a common focus for delivering EU messages not just on key human rights issues, but also on the benefits of regional cooperation and on potential EU assistance in helping the region to address some of its shared socio-economic difficulties, the Minister welcomed this latest amendment to his mandate because it would enables him to play a more significant role in monitoring and reporting on water management issues identified in the EU Strategy for Central Asia. Promoting cooperation on water management was part of its overall objective of fostering regional security and stability, and supporting economic development — the Strategy having noted in particular how fair access to water resources will be a major challenge for the world in the 21st Century, and how most environmental issues in Central Asia are related to the allocation, use and protection of the quality of water resources. Mr Morel's revised mandate would "allow him to support steps towards a more integrated upstream & downstream water management policy in the region".

12.25 The proposed change to Mr Morel's mandate raised no questions, and the Committee accordingly cleared the draft Joint Action. But we also noted that it was now nearly 18 months since the Strategy was launched, and that we had as yet not seen the scheduled 2008 review of progress or, the Minister's Explanatory Memorandum on it and the points that we also asked to be covered. We therefore asked the Minister to let us know when she expected to be in a position to provide this information.[34]

The Minister's letter of 15 January 2009

12.26 The Minister encloses the first Joint Commission/Council Progress Report on the implementation of the EU Central Asia Strategy[35] and begins by agreeing that, overall, progress on implementing the Strategy has been encouraging. She also shares its conclusions about the challenges ahead, in particular to maintain the political momentum through reinforced coordination between the EU institutions and Member States, greater EU visibility and involvement in the region, increased financial resources as well as active contributions from Central Asian countries themselves. She also shares the Report's view that "implementation of such an ambitious strategy is a long term endeavour that will require sustained efforts by both the EU and Central Asian states".

12.27 The Minister then highlights a few of the principal activities undertaken since the adoption of the strategy. She notes that political dialogue has intensified significantly: firstly, two meetings at Foreign Minister level between the EU Troika and Central Asia countries in June 2007 in Berlin, at the close of the German Presidency, and on April 2008 in Ashgabat, during the Slovenian Presidency; and then the first EU-Central Asia Ministerial Security Forum, which brought together for the first time Foreign Ministers from all Member States and Central Asia, with discussion focussing on terrorist threats, the fight against human and drug trafficking, and energy and environmental security. The Report also confirms the EU's continued close cooperation — principally through visits by Mr Morel — with other international partners in the region, including the UN and the OSCE, the Shanghai Co-operation Organization (SCO), the Collective Security Treaty Organization (CSTO), the Conference on Interaction and Confidence-building measures in Asia (CICA), the Central Asia Regional Environment Centre (CAREC) and the Central Asian Regional Information and Coordination Centre (CARICC) for the fight against narcotics trafficking.

12.28 Turning to the Rule of Law Initiative (whose main objectives are to promote legal and administrative reform, thereby safeguarding both economic interests and human rights and fundamental freedoms), the Minister recalls that the Strategy aims to achieve this by providing technical training and the exchange of international expertise, including facilitating contacts with the Council of Europe's legal experts on the Venice Commission and seconding international experts to work directly with their Central Asian counterparts. She notes that it was formally launched at a Ministerial Conference in Brussels on 27/28 November 2008, with "a lively and constructive debate between official representatives and experts from the EU and Central Asia, who agreed to share experience and explore practical measures to increase mutual understanding in the area of legal and judicial reform."

12.29 The Minister then notes that the Educational Initiative, which sets up a coordination mechanism among EU donors to support the further modernisation of the education and vocational training sectors in Central Asia, was formally launched on 17 September 2008 at the first EU-Central Asia Ministerial meeting. The Commission also briefed Central Asian countries on the EU's "Erasmus Mundus External Cooperation" programme and the design phase of a new EC-funded programme for high speed data links between the research and education sectors in Central Asia.

12.30 Human rights dialogues have now taken place with all five Central Asian countries:

"The second round of the EU­Uzbekistan human rights dialogue took place in Brussels on 5 June 2008. The EU raised a wide range of concerns, in particular freedom of expression, prison conditions and access including treatment of returned refugees, follow-up to the abolition of the death penalty, freedom of religion, development of civil society, notably the situation of NGOs and human rights defenders, and child labour[; and] also a number of individual cases

"The first round of an EU-Turkmenistan Human Rights dialogue took place on 24 June 2008 in Ashgabat (building on the ad hoc meeting in Brussels on 18 September 2007). The EU raised a range of concerns including freedom of association and assembly, freedom of expression and the media, freedom of thought and religion, prison conditions and freedom of movement and forced displacement.

"First round dialogues also took place with Kazakhstan in Astana on 15/16 October 2008, Kyrgyzstan in Bishkek on 28 October 2008 and with Tajikistan in Dushanbe on 31 October 2008. We and our EU partners continue to stress the importance of further political reform in Kazakhstan ahead of Kazakhstan's Chairmanship of the OSCE in 2010.The EU also raised human rights issues in its Cooperation Council and Committee meetings with the countries of the region, as well as in meetings in other formats where Partnership and Cooperation Agreements are not in place."

12.31 Turning to regional and global energy security of further diversification of export routes, demand and supply structures and energy sources, the Minister notes the importance of the INOGATE (Interstate Oil and Gas Transport to Europe) programme for EU work in this area, including an intensified dialogue under the November 2004 Baku Initiative on energy cooperation between the EU and the Littoral States of the Black and Caspian Seas and their neighbouring countries:

"Energy security featured in the Joint Declaration at the EU-Central Asia Ministerial Security Forum in Paris in September 2008. And the need for action on a trans-Caspian energy corridor was reinforced at the 6th Energy summit in Baku on 13 November 2008. The EU remains committed to this and, in particular, to the Nabucco project."

12.32 To that end, the Minister say, the UK has welcomed the Commission's Second Strategic Energy Review (which sets out the need for concrete actions on diversification, energy efficiency and infrastructure development) and its focus on the Southern Corridor as one of six priority projects. The Report also notes how, at the bilateral level, cooperation is strengthening via Memoranda of Understanding with Kazakhstan and Turkmenistan.

12.33 With regard to the critical importance of an integrated water management policy in Central Asia, the Report records a first high level EU-Central Asia Meeting on water management issues and the environment in Ashgabat on 3 December 2008:

"The meeting recognized the importance of regional co-operation for achieving sustainable economic and social development, as well as contributing to peace, stability and prosperity in Central Asia. Participants agreed to strengthen co-operation on transboundary environmental issues and shared use of natural resources, and to undertake a reinforced dialogue on the international legal aspects of the issue."

12.34 In conclusion, the Minister notes that a second Joint Implementation Progress Report is due in mid-2010:

"We shall continue via our missions in the region and the UK Representation in Brussels to monitor progress. We are also contributing to an independent monitoring exercise — the European Union Central Asian Monitoring (EUCAM) project — being carried out by the Fundación para las Relaciones Internacionales y el Diálogo Exterior (FRIDE) and the Centre for European Policy Studies (CEPS). The main purpose of this project is to scrutinise the Strategy and its implementation and through such scrutiny help to ensure that emerging relationships are forged in accordance with the EU's fundamental and strategic interests."

THE EU SPECIAL REPRESENTATIVE FOR CENTRAL ASIA

12.35 The Minister says that it is clear from the presentation by Mr Morel of his mandate implementation report on 15 December 2008 "and from contacts we have had with him throughout the year that he has carried out his responsibilities with commendable vigour and dedication." This has included "a comprehensive programme of visits to Central Asia in pursuit of his mandate objectives", participation in regional fora,[36] an active role along with EU representatives and the national strategy co-ordinators from Central Asian countries in formulating the five country-specific plans that reflect the interests of Member States, the Commission and the Central Asian countries, and significant input to the development of the initiatives on the rule of law and education, as well as the platform for water and environment cooperation. Mr Morel also helped to secure the agreement of all Central Asian governments to enter into full human rights dialogues with the EU during 2008, and used the opportunities afforded by his meetings with Central Asian representatives to raise specific concerns when appropriate.

12.36 Mr Morel also attended a number of seminars and conferences dealing with issues relevant to energy cooperation with Central Asia and maintained regular contacts with relevant US, Turkish and other third-party interlocutors promoting energy cooperation with Central Asia, including participation in the Istanbul World Economic Forum event on Central Asia on 30/31 October 2008.

12.37 Finally, noting that Mr Morel's mandate expires on 28 February 2009, the Minister says that she believes he has carried out his responsibilities energetically and effectively, and that he will build on that record of achievement if he continues as EUSR for Central Asia.[37]

UK PROJECTS IN CENTRAL ASIA

12.38 The Minister says that the UK is actively engaged in a number of projects and activities that complement policy areas covered by the EU Strategy, in particular those relating to the rule of law, good governance and democratisation, human rights, the environment and water management, and regional security issues. She encloses a list of UK project activities undertaken during the course of the period in question,[38] and concludes her letter as follows:

"We have also maintained a full bilateral agenda on energy-related issues. We have continued to pursue a close working relationship with the Turkmen authorities, including by helping to arrange the first ever Turkmen oil conference in April 2008 in London. This will shortly be strengthened by the second energy-focused Ministerial visit to Ashgabat in two years. We have sponsored visits by Turkmen oil and gas officials to UK North Sea operations.

"Underlying this and all our energy-related activities in the region is an agreed FCO/BERR/DECC framework, articulated through a Southern Corridor Strategy that focuses resources where they can have the greatest impact. One example of Strategy implementation is an initiative to support the introduction of international maritime standards to the Caspian.

"This initiative, the first of its kind, is bringing together all the key stakeholders in Kazakhstan and Azerbaijan, including government ministries, oil owners, insurers, industry bodies, shippers and marine societies to facilitate the timely implementation of the Inter-Government Agreement between these two countries and with it IMO standards.

"In 2006 the FCO appointed a Caspian Energy Adviser whose specific role has been to liaise between UK Government departments, industry, host nations and UK Embassies and posts in the Region. The post has enabled the UK to engage on regional energy issues in a way that has put the UK in the forefront of EU initiatives. This has undoubtedly helped UK businesses who themselves are amongst the leaders in regional hydrocarbon investment. We have also reallocated resources to create a Regional Energy Officer post in Astana in 2008 to improve our ability to deliver on projects and relevant reporting. As part of the UK's Southern Corridor Strategy, UK speakers have addressed major energy conferences in Azerbaijan, Kazakhstan, Uzbekistan and Turkmenistan. Support has also been given for visits by the Duke of York visits to Azerbaijan, Kazakhstan and Turkmenistan, in his capacity as UK Special Representative for Trade and Investment.

"We have well established educational links with the region, including through the flagship Chevening Scholarships' programme. Since 2007, 9 Chevening scholarships have been awarded to Kazakh students and between 1 and 3 annually to post-graduate students from Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. The UK also offers the Chevening Fellowship Programme to mid-career professionals. And in addition to its general in-country educational work, the British Council runs a Skills for Employability (SFE) project, which aims to support skills development in Central and Southern Asia by strengthening national reforms in technical and vocational education and training and by encouraging closer links between education and industry. The British Council is also introducing a higher education research and partnership scheme under its HE: Inspire project, which covers both Uzbekistan and Kazakhstan, and pursues work in upgrading teachers' skills in English in both countries.

"The Department for International Development (DFID) has been developing a more strategic and regional approach to its programming in Central Asia. The central objective of DFID's strategy is to achieve sustained and inclusive growth in the region. This plan advocates strong linkages between the EU strategy and EC development plans.

"Working as part of an integrated HMG approach, and as one of the few member states with a presence on the ground, DFID will help to ensure that the EU strategy delivers results that will benefit poor people and are supportive of countries' own development plans.

"DFID has two bilateral programmes in Central Asia: Tajikistan and the Kyrgyz Republic. Good governance, human development and private sector development are key components of DFID's work which will also support the delivery of the EU strategy. In country, DFID has regular dialogue with the other Member States present on the alignment of EU development support in the context of the EU strategy. As part of its strategy DFID plans to support a secondee to the World Bank in Almaty, Kazakhstan, to work specifically on regional issues, including water, energy, transport, trade and better co-ordination between regional players.

"Engagement on delivering the EU Central Asia Strategy will be an important part of this work. Details of DFID's activities are contained in the attached list of projects."

Conclusion

12.39 We are grateful to the Minister for this thorough response to our initial requests. It demonstrates clearly both that the Strategy has got off to a good start and that, importantly, the UK is continuing to maintain an independent programme of well-targetted assistance.

12.40 However, while not wishing to detract in any way from this good start, we note what the Minister says at the outset concerning the challenges of maintaining momentum, increasing financial resources and active contributions from Central Asian countries themselves, given the Report's view that "implementation of such an ambitious strategy is a long term endeavour that will require sustained efforts by both the EU and Central Asian states." This will be all the more so now that the EU has also launched the Union for the Mediterranean and is about to launch a new Eastern Partnership, both of which will also require sustained efforts by all parties and increased resources.

12.41 The 2010 Implementation Report will thus be all the more interesting. We again ask that, when the time comes, the Minister deposits it with an Explanatory Memorandum.





32   See (28674) -: HC 41-xxv (2006-07), chapter 12 (13 June 2007) for further details. Back

33   See headnote. Back

34   See headnote: HC 16-xxxvi (2007-08), chapter 19 (26 November 2008) Back

35   The full text of which is available at http://ec.europa.eu/external_relations/central_asia/docs/progress_report_0608_en.pdf  Back

36   Such as the EU-Central Asia meeting in Ashgabat in April 2008, the Paris Security Forum in September 2008, the Dushanbe conference on border management and drug control on 21 October 2008, the Brussels conference on the Rule of Law in November 2008, and the OSCE Ministerial in Helsinki on 4/5 December 2008.  Back

37   The extension of Mr Morel's and five other EUSR mandates is dealt with separately in chapter 14 of this Report. Back

38   Which we reproduce at Annex 1 to this chapter of our Report. Back


 
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