25 EU RELATIONS WITH FIJI
(30874)
12744/09
COM(09) 431
| Draft Council Decision extending the period of application of the measures in Decision 2007/641/EC concluding consultations with the Republic of Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument
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| Legal base | Article 96 of the Cotonou Agreement and Article 37 of Regulation (EC) No 1905/2006 establishing a financing instrument for development cooperation
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| Document originated | 24 August 2009
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| Deposited in Parliament |
27 August 2009 |
| Department | Foreign and Commonwealth Office
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| Basis of consideration |
EM of 23 September 2009 |
| Previous Committee Report |
None; but see (28857) 12379/07: HC 41-xxxiii (2006-07), chapter 17 (2 October 2007)
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| To be discussed in Council
| 24 September 2009 |
| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
25.1 Fiji is a signatory of the African Caribbean and Pacific-European
Community (ACP-EC) Partnership Agreement, signed in Cotonou on
23 June 2000 (and known as the Cotonou Agreement). This provides
a framework for relations between the EU and 77 countries of the
African Caribbean and Pacific group of states (ACP). Article 96
of the Cotonou Agreement allows for consultations between the
EU and an ACP state where a breach of any of Cotonou's "essential
elements" — respect for human rights, democratic principles
or the rule of law — is perceived to have taken place.
25.2 Article 3(1) of the Development Cooperation
Instrument (DCI) confirms these same elements as general principles
of the EU that it will seek to promote in partner countries through
dialogue and cooperation. Article 37 of the DCI details the process
where a breach of these principles is deemed to have taken place.
25.3 Fiji has been allocated €60 million under
the DCI thematic programme for ACP sugar protocol countries for
the period 2007-2010, which money was directed at reforming Fiji's
sugar sector.
Council Decision 2007/641/EC
25.4 On 2 October 2007, the Committee cleared the
Council Decision in question. It was adopted in the face of adverse
political developments in Fiji, which are set out in detail in
our earlier Report. In sum, on 5 December 2006, members of the
Fiji Military Forces staged a coup, led by Commander Frank Bainimarama,
which removed the democratically elected government, and the Commander
appointed himself briefly as President and later as Prime Minister.
In the following months the Commander sacked many key figures,
including the Chief Justice. He appointed military figures to
key positions in government ministries and put an interim Cabinet
in place. In April, the Commander suspended the Great Council
of Chiefs after they refused to accept the President's (effectively,
the Commander's) nomination for the role of Vice-President. Many
people speaking out against the coup, including those in the media,
were detained by the military and intimidated. There were numerous
accounts of human rights abuses, including two deaths in military
custody. The independence of the judiciary was also compromised.
25.5 Against this background, the EU considered the
coup in Fiji constituted a violation of Cotonou's essential elements
and the DCI's general principles and on 27 February 2007 accordingly
opened consultations with Fiji. During these consultations, representatives
of Fiji's Interim Government agreed to a number of commitments
designed to return Fiji to democracy and the rule of law —
the key commitment being to hold free and fair elections by March
2009.
25.6 The Council accordingly agreed to conclude consultations
and adopt appropriate measures under Article 96 of the Cotonou
Agreement and Article 37 of the DCI. These included:
— making
the finalisation, signing and implementation of the 2008-2013
Country Strategy Paper, for which funding would be made available
under the 10th European Development Fund (EDF), subject
to the interim government meeting agreed commitments in respect
of human rights and rule of law;
— making Fiji's 2007 allocation under the
DCI thematic programme for ACP sugar protocol countries zero and
tying the provision of assistance under this programme in 2008,
2009 and 2010 to the return to democratic government;
— certain cooperation activities already
underway or in preparation for funding under the 8th and 9th
EDFs were to continue, likewise implementation of the 2006 sugar
assistance provided under the Regulation establishing accompanying
measures for Sugar Protocol countries affected by the reform of
the EU sugar regime (Regulation 266/2006);
— support for activities which would help
the return to democracy and improve governance would also be permitted
as would humanitarian aid and direct support to civil society;
Fiji would also continue to be able to participate in regional
cooperation activities;
— cooperation with the European Investment
Bank and the Centre for Development Enterprise would continue
subject to the timely fulfilment of commitments;
— the EU would follow the situation closely,
and enhanced political dialogue with the interim Fijian authorities
would be conducted to ensure respect for human rights, restoration
of democracy and respect for the rule of law.
Our assessment
25.7 In clearing the document, the Committee noted
that the interest it had hitherto taken in the application and
effectiveness of the "Article 96" process had now amplified
by the addition of similar "governance" provisions in
the new Development Cooperation Instrument. Given the widespread
interest in the House in EU development assistance policy and
activity, and the importance these provisions now had therein,
we considered that the stage now reached in the EU and the Government's
endeavours to return Fiji to the path of democracy and the rule
of law warranted a Report to the House.[98]
The proposed extension to Council Decision 2007/641/EC
25.8 In his Explanatory Memorandum of 24 September
2009, the Minister of State at the Foreign and Commonwealth Office
(Mr Ivan Lewis) outlines recent developments as follows:
"The situation worsened again in April 2009,
when the Fiji Court of Appeal declared Bainimarama's regime illegal.
The following day the President, at Bainimarama's behest, abrogated
the constitution, suspended the courts and re-appointed Bainimarama
Prime Minister. Since then the military has restricted public
gatherings, severely censored the media and ensured impunity for
abuses by military personnel. Bainimarama has announced that no
elections will be held until 2014 after fundamental land and electoral
reform."
25.9 The Council Decision notes that:
— the
review of the current Decision, which expires on 1 October 2009,
coincides with an ongoing joint initiative by the United Nations
and the Commonwealth to mediate, to which the EU has given its
full support, but which is stalled at present;
— The interim Prime Minister has recently
presented a roadmap for reforms and elections. While the roadmap
is insufficient as it stands it may be worthwhile to engage in
dialogue regarding it and to consider whether it may serve as
a basis for new consultations;
and says that, taking into account the above considerations,
the Commission can only, at this stage, propose an extension of
the current policy.
The Government's view
25.10 The Minister refers to the commitment to hold
free and fair elections by March 2009, and continues as follows:
"As a result of Fiji's failure to meet these
commitments the EC announced on 18 May that it had taken the decision
to cancel the 2009 sugar allocation for Fiji (totalling EUR 24
million). This action will have serious impact on Fiji's failing
economy. The UK fully supported the EC's decision.
"The Government supports the Commission's
approach to Fiji. The Article 96 consultations have offered the
opportunity to promote a return to democratic government and rule
of law in Fiji and to demonstrate the importance that the EU attaches
to upholding the essential elements of the Cotonou Agreement and
the general principles in the Development Cooperation Instrument."
25.11 The Minister also notes that the UK currently
holds the local EU Presidency in Suva and, he says, plays an important
role in monitoring progress:
"The UK will continue to use every opportunity
to press the Fiji authorities to behave transparently, respect
human rights and the rule of law and return the country to democratic
rule as soon as possible. The measures outlined in this Council
Decision will aid these efforts. We strongly believe tangible
'next steps' are necessary to avoid the current agreement continually
being extended. The discussions on what these next steps should
be will take place in Brussels over the next 6 months, with a
view to having a decision in place before the end of the extended
period."
Conclusion
25.12 We are reporting these latest unfortunate
developments to the House for the same reasons as two years ago.
25.13 We should be grateful if the Minister would
write to us when he knows what the "next steps" are
likely to be.
25.14 The Minister for Europe forewarned the Committee
in a letter, which the Committee considered on 22 July, that it
might be necessary to adopt this Council Decision during the then
upcoming Summer Recess if the situation were to develop in the
way that it has. In these particular circumstances and on this
occasion we do not object to the Minister agreeing to its adoption
before scrutiny had been completed.
25.15 We now clear the document.
98 See headnote: see (28857) 12379/07: HC 41-xxxiii
(2006-07), chapter 17 (2 October 2007). Back
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