8 The EU and the Central African Republic
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(35812)
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(b)
(35671)
6282/14
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JOIN(14) 5
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Council Decision amending Council Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
Council Regulation concerning restrictive measures in view of the situation in the Central African Republic
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| Legal base | (a) Article 29 TEU; unanimity;
(b) Article 215 TFEU; QMV
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 19 February 2014
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| Previous Committee Report | None; but see (35672) —: HC 83-xxvi (2013-14), chapter 18 (8 January 2014)
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| Discussion in Council | To be determined
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| Committee's assessment | (a) Politically important
(b) Legally and politically important
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| Committee's decision | (a) Cleared
(b) Not cleared; further information requested
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Background
8.1 On 5 December 2013, the UN's Department of Public
Information issued the following statement:
"The Security Council today authorized both
the deployment of the African-led International Support Mission
in the Central African Republic, known as MISCA, and the French
troops already stationed in the strife-torn nation to support,
by all necessary measures, the Mission in discharging its mandate.
"Unanimously adopting resolution 2127 (2013),
under the United Nations Charter's Chapter VII, the Council mandated
MISCA to help protect civilians, stabilize the country and restore
State authority over the territory, as well as create conditions
conducive to the provision of humanitarian assistance. To finance
such efforts, the Council requested the Secretary-General to establish
a trust fund for MISCA, through which Member States and international,
regional and subregional organizations could provide financial
support.
"In a unique section of the 12-page text,
the Council requested the Secretary-General to undertake contingency
preparations for the possible transformation of the Mission into
a United Nations peacekeeping operation, stressing that a future
decision by the Council would be required to establish such a
presence. He was also requested to make recommendations on a possible
transformation within three months.
"By other terms, the Council noted the African
Union Peace and Security Commission communiqué of 13 November,
which welcomed the proposed strengthening of French forces to
better support MISCA. The Council called on the Transitional Authorities
to fully cooperate with those troops by ensuring their safety,
security and freedom of movement with unhindered and immediate
access throughout the country. As well, the Council would review
the mandate for the French forces within six months.
"Against that backdrop, the Council further
decided that, for an initial period of one year, all States should
immediately take measures to prevent the direct or indirect supply,
sale or transfer to the Central African Republic of arms and related
materiel, including weapons and ammunition, military vehicles,
paramilitary equipment and spare parts related to military activities.
It authorized all States to seize, register and dispose of such
prohibited items.
"By related provisions, the Council also
expressed its strong intent to swiftly consider imposing targeted
measures, including travel bans and asset freezes, against individuals
who acted to undermine peace and stability, including by threatening
or violating transitional agreements. It would establish a committee
to monitor the implementation of such measures, which would then
report back on its work within 60 days.
"On the human rights front, the Council
strongly condemned widespread human rights violations by Séléka
elements, anti-Balaka elements and the Lord's Resistance Army,
urging the Transitional Authorities to ensure that all such perpetrators
were held accountable. It requested the Secretary-General to establish
an international commission of inquiry, for an initial period
of one year, to investigate reports of human rights abuses in
the Central African Republic by all parties since 1 January 2013."[52]
Council Decision 2013/798/CFSP
8.2 On 23 December 2013, the EU Council adopted Decision
2013/798/CFSP concerning restrictive measures against the Central
African Republic (CAR) providing for an arms embargo, in accordance
with UNSCR 2127 (2013) of 5 December 2013. The Committee cleared
this Council Decision and reported the background and the Government's
views to the House on 8 January 2014.[53]
8.3 On 28 January 2014, the Department of Public
Information of the UN Security Council issued the following notice:
"The Security Council extended the mandate
of the United Nations Integrated Peacebuilding Office in the Central
African Republic (BINUCA) for one year today, deciding also to
expand sanctions imposed on individuals to include a travel ban
and an assets freeze, and authorizing the deployment of a European
Union intervention force in the country
"Unanimously adopting resolution 2134 (2014),
the Council also reinforced and updated BINUCA's mandate to assist
in the transitional political process, and to help with conflict
prevention, humanitarian assistance, extension of State authority,
stabilization of the security situation, and the promotion and
protection of human rights.
"Also by the text adopted today, the Council
authorized the European Union to deploy an operation in the Central
African Republic, as referenced in a letter dated 21 January from
the bloc's High Representative (document S/2014/45). It also authorized
that operation to take all necessary measures, within the limits
of its capacities and areas of deployment from its initial deployment
and for a period of six months from the declaration of its full
operational capacity.[54]
"Further the text, the Council decided that,
for an initial period of one year, all Member States would take
the necessary measures to prevent the entry into or transit through
their territories of individuals designated by the relevant Sanctions
Committee, provided that nothing would oblige a State to refuse
its own nationals entry into its territory. The Council also decided
that all Member States would freeze without delay all funds, other
financial assets and economic resources within their territories
that were either owned or controlled, directly or indirectly,
by individuals or entities designated by the Sanctions Committee,
by others acting on their behalf or by entities owned or controlled
by them."[55]
8.4 In his Explanatory Memorandum of 19 February
2014, the Minister for Europe (Mr David Lidington) says that on
13 February 2014, RELEX (the external relations working party)
agreed:
— a draft Council Decision to amend Decision
2013/798/CFSP, to reflect the changes that UNSCR 2134 (2014) introduced;
and
— a draft Regulation, underpinning the
embargo, travel ban and asset freeze measures set out in the Council
Decision.
The Government's view
8.5 The Minister says that:
— the availability of arms has undoubtedly
played a negative role in the situation in the CAR, with violence
occurring across much of the country; the arms embargo, introduced
under UNSCR 2127 (2013), therefore played a logical step in reducing
access to weapons. However, policing of the lengthy and porous
CAR borders is minimal, and thus tightening the embargo under
the new Council Decision, and the supporting Regulation in question,
seeks to further mitigate the risk of arms entering the country;
— a successful political process, leading
to an inclusive, constitutional, and effective government, is
vital to the medium and long term future of the CAR; the introduction
of asset freeze and travel ban measures will therefore be used
to target individuals who engage in, or provide support for, acts
that undermine the peace, stability or security of the CAR;
— France is "looking to target specific
individuals with Seleka (the mainly Muslim rebel coalition that
took power by force in March 2013) or anti-balaka (mainly Christian
armed groups who have been linked to atrocities against Muslim
communities) links, although no specific listings have yet been
proposed";
— France is "aware that for the UK
to agree any names for listing, there is a need for strong underlying
evidence that can be defended in a UK court of law. The UK has
the right to veto any nominations at the UN sanctions committee
stage, and will do so if evidence is lacking";
— he expects France to "propose listings
and share supporting evidence with us in the coming weeks";
— in the meantime, "it is worth noting
that the threat of restrictive measures that UNSCR 2134 (2014),
and ultimately this regulation, impose already sends a powerful
and timely political signal; which we hope will work somewhat
to deter further violence and instability in the country".
8.6 The Minister concludes by saying that Council
Decision and Regulation are due to be adopted by COREPER[56]
in the week commencing 3 March 2014; at which point, the Council
Decision and Regulation will be implemented into EU law and will
be legally binding in all Member States.
Conclusion
8.7 No questions arise on the draft Council Decision,
which we therefore clear from scrutiny.
8.8 We are, however, concerned that we are being
asked to clear a Council Regulation that is incomplete, in that
precisely who is to be subject to it is yet to be decided —
which, as the Minister notes, is crucial. The Council Regulation
cannot be properly adopted until the UN Sanctions Committee has
agreed to whom it should apply. We shall therefore continue to
retain it under scrutiny until the Minister can provide a draft
that contains those names.
8.9 On a point of detail, pace COREPER,
it is our understanding that no draft legislation is finalised
until it has been adopted by the Council (c.f. the Minister's
remarks at 8.1 above); we should be grateful if the Minister would
confirm that this is his understanding also.
52 See http://www.un.org/News/Press/docs/2013/sc11200.doc.htm. Back
53
(35672) -: HC 83-xxvi (2013-14), chapter 18 (8 January 2014). Back
54
For the Committee's consideration of the Council Decision establishing
this mission, see (35747) -: HC 83-xxxi (2013-14), chapter 14
(5 February 2014). Back
55
See https://www.un.org/News/Press/docs/2014/sc11264.doc.htm for
the full text of the notice, and of UNSCR. Back
56
COREPER, from French Comité
des représentants permanents, is the
Committee of Permanent Representatives in the European Union,
made up of the head or deputy head of mission from the EU member
states in Brussels. Its job is to prepare the agenda for the
ministerial Council meetings; it may also take some procedural
decisions. It oversees and coordinates the work of some 250 committees
and working parties made up of civil servants from the member
states who work on issues at the technical level to be discussed
later by COREPER and the Council. It is chaired by the Presidency of the Council of the European Union.
There are in fact two committees: COREPER I consists of deputy
heads of mission and deals largely with social and economic issues;
COREPER II consists of heads of mission (Ambassador Extraordinary
and Plenipotentiary) and deals largely with political, financial
and foreign policy issues. Back
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