14 EU-Niger relations
| (30999) 14257/09
COM(09) 529
| Commission Communication on the opening of consultations with Niger under Article 96 of the Cotonou Agreement
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| Legal base | — |
| Department | Foreign and Commonwealth Office
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| Document originated | 7 October 2009
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| Document deposited | 13 October 2009
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| Basis of consideration | EM of 25 November 2009
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| Previous Committee Report | None; but see (30721) 11429/09 HC 19-xxiv (2008-09), chapter 8 (15 July 2009) and (26227) 16041/04, (29544) 7499/08 and (30446) 6543/09: HC 19-x (2008-09), chapters 7 and 8 (11 March 2009)
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| To be discussed in Council | To be determined
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
14.1 Under Article 96 of the 2000 Cotonou Agreement between the
EU and 77 ACP countries, either party may invite the other for
consultations if it considers that the other has failed to respect
the "essential" political elements in Article 9: human
rights, democratic principles and the rule of law, or to provide
good governance. Strengthening this political dimension was one
of the main changes introduced in the 2005 revision of the Agreement.
14.2 The Committee has taken a particular interest
in the Article 96 process because the undertakings given by the
other party are normally all in areas in which success, or failure,
might well have much wider lessons, or repercussions, and not
just for the Cotonou Process but also ESDP — there being
a number of ACP countries demonstrating similar democratic failings
against a background in which the inter-relationship between development,
security and good governance is now widely acknowledged.
14.3 As we have noted, the Cotonou Agreement is clear:
respect for human rights, democratic principles and the rule of
law are essential elements of the partnership, with the Commission
characterising the revision of the political components in 2005
as "strengthening the political dimension by placing greater
emphasis on effective dialogue and results"; against the
yardstick set out in those last four words, we have generally
found it difficult to find much persuasive evidence that the Article
96 process has led to the Cotonou provisions being taken seriously
by the other party, with adverse developments being reversed and
a functioning democratic and law-based society being restored.
14.4 We considered the most egregious such example
— Guinea — at our last but one meeting.[40]
The Commission Communication
14.5 This Commission Communication is the first step
toward potential Article 96 consultations with Niger, due to increasing
levels of instability in the lead-up to elections. The Communication
sets out the Commission's concerns and (as is customary in this
stage of the process) also contains a draft letter to the President
of Niger expressing these concerns; which, once approved by the
Council, will be conveyed to him.
The Government's view
14.6 In his Explanatory Memorandum of 25 November
2009, the Minister for Europe at the Foreign and Commonwealth
Office (Chris Bryant) says that this letter reflects the concerns
that are also held by the UK Government. He supports the response
recommended in the Communication, "as Article 96 consultations
will allow the EU to put pressure in coordination with the Economic
Community of West African States (ECOWAS) and the African Union
on the Nigerien leadership to return to democratic and constitutional
political processes. The EU has made clear that inclusive mediation
talks must take place as soon as possible between political adversaries
to peacefully resolve the current crisis."
14.7 The Minister then outlines relevant considerations
as follows
CONSTITUTIONAL AMENDMENT
"President Mamadou Tandja's party won controversial
legislative elections on 20 October with a clear majority. But
President Tandja had undemocratically dissolved the previous parliament
and Constitutional Court to effect changes to the Nigerien constitution,
thus allowing him to stand for a third presidential term in contradiction
of the original constitution. Opposition parties boycotted the
elections in protest of the constitutional amendment, and demand
a return to the original constitution.
"The Economic Community of West African
States (ECOWAS) suspended Niger from the organisation in response
to the elections, and refuses to recognise the result. The African
Union have since commended the ECOWAS decision. ECOWAS have recently
appointed the former Nigerian President Abusalami Abubakr as a
mediator between the government of Niger and opposition parties.
There have already been a number of rounds of talks under this
process. We support these efforts.
EU RESPONSE
"The EU held talks with the Nigerien authorities
as part of the enhanced political dialogue in accordance with
Article 8 of the Cotonou Agreement. The EU also issued a firm
statement expressing deep concern prior to the referendum on constitutional
amendments held on 4 August. An additional démarche ahead
of the legislative elections on 20 October called for a halt to
voting and a return to democratic principles.
"Both statements referred to the possibility
of consultations under Article 96 as a necessary reaction to violations
of essential elements of the Cotonou Agreement.
"At its meeting of 26-27 October, the General
Affairs and External Relations Council agreed a proposal to invite
the Government of Niger to open consultations under Article 96
of the Cotonou Agreement."
14.8 Finally, the Minister says that the Government
of Niger had been invited to hold consultations in Brussels on
24 November; "were slow to respond to this invitation";
and, he understands, have been offered a new date of 8 December.
The Minister's letter of 23 November 2009
14.9 The Minister describes the President of Niger's
manipulation of the constitution and institutions of the state
in his attempts to seek an extension to his term in office as
"a worrying setback to the adherence of democratic principles
in Africa." He again commends the African Union and ECOWAS
attempts to forge a negotiated resolution to the current crisis
and reiterates the need to "keep up the pressure on Niger
through the Article 96 process."
Conclusion
14.10 As noted above, this is far from the first
"worrying setback to the adherence of democratic principles
in Africa"; given that the Nigerien authorities have already
ignored the threat thereof, it is moot as to how much leverage
can be applied by the Article 96 process.
14.11 That said, we have no wish to hold up the
process, and clear the Communication.
14.12 We should, however, like to hear from the
Minister as to how this stage of the process transpires (bearing
in mind that the Nigerien authorities have yet to respond definitively
to the Commission invitation) and, in due course, what the outcome
is of the EU's and the regional organisations' endeavours and
his assessment of the impact of the Article 96 process on it.
40 (26227) 16041/04 and (29544) 7499/08; see headnote. Back
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