21 Somalia and the Cotonou Agreement
| (34918)
9401/13
COM (13) 272
| Council Decision on the position to be adopted by the EU within the ACP-EU Council of Ministers concerning the status of the Federal Republic of Somalia in relation to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States
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| Legal base | Article 217 and Article 218(9) TFEU; unanimity
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| Document originated | 8 May 2013
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| Deposited in Parliament | 16 May 2013
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| Department | International Development
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| Basis of consideration | EM of 16 May 2013
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| Previous Committee Report | None
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| Discussion in Council | 28 May 2013
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
21.1 The Cotonou Agreement is the most comprehensive
partnership agreement between developing countries and the EU.
This "Partnership Agreement between the members of the African,
Caribbean and Pacific Group of States of the one part and the
European Community and its Member States of the other part"
was signed on 23 June 2000 in Cotonou, Bnin — hence "ACP-EC
Partnership Agreement" or "Cotonou Agreement".
It was concluded for a twenty-year period from March 2000 to February
2020, and entered into force in April 2003. It was for the first
time revised in June 2005, with the revision entering into force
on 1 July 2008; in March 2010, the Commission and the ACP concluded
the second revision.
21.2 Compared to preceding agreements and conventions
shaping EC development cooperation, the Cotonou Agreement is designed
to establish a comprehensive partnership, based on three complementary
pillars:
— development
cooperation;
— economic and trade cooperation; and
— the political dimension.
21.3 The partnership is centred on the objective
of reducing and eventually eradicating poverty consistent with
the objectives of sustainable development and the gradual integration
of the ACP countries into the world economy (Article 1 of Cotonou
Agreement). The fundamental principles of the Agreement are:
— equality
of the partners and ownership of the development strategies;
— participation (central governments as
the main partners, partnership open to different kinds of other
actors);
— pivotal role of dialogue and the fulfilment
of mutual obligations; and
— differentiation and regionalisation.
21.4 The European Development Fund (EDF) is the
main instrument for providing Community assistance for development
cooperation under the Cotonou Agreement. The EDF is funded by
the Member States on the basis of specific contribution keys.
Each EDF is concluded for a multi-annual period.
21.5 The 10th EDF covers the period from 2008
to 2013 and has been allocated €22.7 billion.[80]
Somalia and the Cotonou Agreement
21.6 In her Explanatory Memorandum of 16 May
2013, the Parliamentary Under-Secretary of State at the Department
for International Development (Lynne Featherstone), explains that:
—
Somalia is an ACP State and was a signatory of the (previous)
Lomé Partnership Agreement in 1989, but that, being without
an internationally recognised national government since the beginning
of the 1990s, could not ratify the (successor) Cotonou Agreement;
— the EU was nonetheless able to make some
resources available to be spent in Somalia under EDF10 through
Article 96.3 of the Cotonou Agreement; and
— this was, however, as an exceptional
case whereby the ACP-EU Council of Ministers adopted Conclusions
to enable the Chief Authorising Officer of the EDF to be entrusted
with the authority of the National Authorizing Officer, "acting
on behalf of the Somali people".
21.7 The Minister then explains that, given recent
political developments, Somalia can now join the Cotonou Agreement
under Article 94:
"Over two decades of internal conflicts and
transition came to an end in 2012 with the adoption of a Provisional
Constitution and the establishment of a more representative Federal
Parliament that elected a new President on 10 September 2012 and
Prime Minister on 7 October 2012. The President has called upon
donors to engage in Somalia in direct partnership with the Government
and the EU is taking the opportunity to move towards a partnership
approach with Somalia, including through the 11th EDF 2014-2020."
The Government's view
21.8 The Minister comments as follows:
"Somalia has made significant progress over
the last 18 months and prospects for the future are more positive
than they have been in a generation. But the gains are fragile.
73% of Somalis continue to live on less than $2 a day. Al Shabaab
is still a threat to peace and security and Somalia government
control outside of Mogadishu remains limited. The Federal Government
of Somalia (FGS) is engaged in a political process on the future
structure of Somalia with the regions and is involved in dialogue
with Somaliland on their future relationship. Somalia will need
considerable international support to help the Federal Government
deliver change for the Somali people.
"It is in the UK's interests to ensure the positive
momentum is maintained. The UK through the Department for International
Development (DFID) aims to promote long term stability in Somalia,
and to transform the lives of poor Somalis. DFID will invest £80
million this year.
"Alongside substantial programmes developing
the private sector, supporting health care and providing humanitarian
assistance, DFID is developing new programmes around governance
and peace-building which will contribute to, amongst other outcomes;
increased access to justice and security for Somali citizens,
a deepening of democratic progress in Somaliland, a reduction
in the incentives to become involved in crime (including piracy)
and a government in Mogadishu that can deliver essential regulatory
and financial management functions. These programmes will be well
coordinated with EU support in these areas.
"The Somalia Conference in London on 7 May 2013
highlighted the progress the Federal Government of Somalia has
made developing credible plans for priority areas and the international
support that will be essential to help implement them. Funding
from the 11th EDF 2014-2020 will be a vital and significant
part of this support.
"The European Commission's total allocation
for Somalia under 10th EDF funding amounts to €412 million
(£347 million), with a focus on governance, education, economic
development and food security. Since the mid-90s, the majority
of EU projects have aimed at improving the living conditions of
the populations who suffered from the impact of the civil war
and the continuing widespread civil unrest. In addition to maintaining
support to the UN, international and local NGOs for basic service
provision, resources have been focused on conflict-prevention
and peace-building efforts. The African Union Mission in Somalia
(AMISOM) has also benefited from uninterrupted EU financial support
since its launch in March 2007, under the African Peace Facility.
"The decision on Somalia's accession to the
Cotonou Agreement does not commit the European Union to any particular
level or focus of development assistance in Somalia. However,
it does commit Somalia to cooperation and dialogue with the EU
on good governance, human rights, democratic principles and the
rule of law and allows Somalia greater opportunity to access funding
under future rounds of the 11th EDF, helping to support
UK objectives of economic and human development.
"Bringing Somalia under Cotonou provides the
EU with a strong framework for political dialogue and will allow
the EU to hold out the prospect of funding under EDF11 as an incentive
for making progress on internal good governance. It provides a
political framework for suspending the existing development funding
from the EDF should the governance or human rights situation deteriorate
in the context of Somalia's transition from a fragile state.
"Refusal by the ACP-EU Council of Ministers
to approve Somalia's bid for accession would be interpreted by
the Government in Mogadishu as a hostile gesture, and would weaken
the EU's presence and influence. It might send the wrong signal
at a time when Somalia appears to be on track for greater peace
and stability, reconstruction and development, and regional and
international integration opportunities under new leadership,
and would undermine UK work in the country.
"The EU is due to host a conference on Somalia
in September 2013 for which the Government of Somalia will develop
an overarching reconstruction plan under a New Deal Compact encompassing
Somali priorities on inclusive politics, security, justice, economic
foundations, revenue and services. This conference will build
on the Somalia Conference in London by focusing on coordination
of the support announced by donors in London behind Somali-led
mechanisms."
21.9 The Minister concludes by noting:
—
her strong support for the proposed Council Decision, on the basis
that it adds an important political dimension to the European
Union's existing development and other assistance in Somalia and
provides a further incentive for a sustained process of reform;
— that it is due to be adopted by Member
States in Council on 28 May and then by the ACP-EU Joint Ministerial
Council in Brussels on 6-7 June 2013.
Conclusion
21.10 Somalia's continuing reintegration into
the international community is plainly to be welcomed. We are
drawing Somalia's accession to the Cotonou agreement to the attention
of the House not only because of its intrinsic importance but
also because of its key role in UK and EU "soft foreign policy",
as a test-bed for the international community's ability to help
re-build a failed State that otherwise would continue to pose
serious threats to international security.
21.11 We now clear the Council Decision.
80 See http://ec.europa.eu/europeaid/where/acp/overview/cotonou-agreement/index_en.htm
for full information on the Cotonou Agreement. Back
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