10 EU restrictive measures against Côte
d'Ivoire
| Committee's assessment
| Politically important
|
| Committee's decision
| Cleared from scrutiny
|
| Document details
| Council Decision renewing the restrictive measures against Côte d'Ivoire
|
| Legal base
| Article 29 TEU; unanimity
|
| Department
| Foreign and Commonwealth Office
|
Summary and Committee's conclusions
10.1 Côte d'Ivoire (CDI) has had
a bad time over recent years.[21]
UN sanctions were first imposed in 2004. EU restrictive measures
prior to 2010 were an arms embargo, a travel ban and asset freeze
on three people and a ban on direct or indirect import of all
rough diamonds.
10.2 Following the disputed election
results in November 2010, further EU measures targeted individuals
and entities identified as supporters of the incumbent, Laurent
Gbagbo, and who were obstructing the process of peace and national
reconciliation, and in particular jeopardising the proper outcome
of the electoral process. After prolonged resistance and a violent
dénouement, former President Gbagbo was arrested in April
2011 and President Ouattara was able to take office. UN, and
thus EU, restrictive measures have been gradually eased thereafter
in order to acknowledge and encourage continued progress towards
a stable, democratic, law-based governance.
10.3 Against this background, the United
Nations Security Council adopted Resolution 2153 (2014) on 29
April 2014, which renewed UN sanctions until 30 April 2015 with
certain substantive amendments, in respect of the improvements
that have been made to the situation in Côte d'Ivoire (CDI).
10.4 The EU must now adopt this Council
Decision and then a supporting Regulation (which is due to be
drafted after the Council Decision has been adopted at the 23
June Foreign Affairs Council; FAC) to enact UNSCR 2153 (2014)
into EU law. EU adoption will duplicate the sanctions measures
outlined in UNSCR 2153 (2014), with no additional EU autonomous
measures to be introduced.
10.5 The Minister for Europe (Mr David
Lidington) says that the underlying security situation has continued
to improve over the last 12 months, as President Ouattara has
continued to take steps to ease political tensions and improve
security; though, there are still pockets of insecurity, particularly
in the west of the country, and the continuing security influence
of the Zone Commanders of the former Forces Nouvelles remains
a concern. The government has prioritised the implementation of
its national strategy on security sector reform (SSR), though
challenges remain in respect of accelerating the pace of reform,
restoring public confidence in the national security forces and
strengthening capacity; particularly of the police and gendarmerie.
The government will also have to accelerate disarmament, demobilisation
and reintegration (DDR) if it is to meet its target of disarming
the full case-load of former combatants by mid-2015. The United
Nations Operation in Côte d'Ivoire (UNOCI) continues to provide
assistance and advice to the government of CDI on the implementation
of its National Security Strategy and DDR programme.
10.6 With regards to the UN renewal
of restrictive measures, the Minister says some Member States
pushed for a fairly substantive lifting of the arms embargo, suggesting
that enough progress has been made by the Ivorian authorities
on SSR and DDR reform; while other Member States felt that this
was premature and suggested that there needed to be more evidence
of the military being under the control of a democratically elected
civilian government over a more substantial amount of time, and
that the embargo should remain unchanged for another year, allowing
time for the elections in 2015 to act as a benchmark with which
to consider the easing of measures. Although the Minister agreed
that the upcoming elections are a key point with which to measure
progress in CDI, he felt that some easing to the embargo was warranted
to allow the Ivorians to better equip their army, police and gendarmerie,
so as to marginalise the Zone Commanders in the future and mark
the progress that has been made in SSR reform thus far. He describes
the reached compromise as agreeing the lifting of "non-lethal"
items from the embargo, removing the requirement for the Ivorian
authorities to obtain advanced approval from the UN Sanctions
Committee for exports of "small arms" and replacing
this with a requirement for CDI simply to notify the relevant
UN committee when they receive such exports.
10.7 The 2015 Presidential elections
are seen as an important milestone for long-term stability. The
Minister sees the challenge facing CDI in the interim as to create
an environment which is conducive to credible, transparent and
inclusive elections; the next key step in this area is due to
start in mid-2014, by the Independent Electoral Commission, which
will seek to develop a credible, apolitical, voters list which
will enfranchise the estimated five million voters who are not
on the electoral register (around 50% of voters).
10.8 Though this is no more than
a case of the EU fulfilling its obligations to implement measures
agreed at the UN, we are drawing this to the attention of the
House not only because of the EU and UK interests involved in
Co^te d'Ivoire itself but also because this is in many ways as
case study in getting the balance right in the difficult business
of supporting the restoration of stability, democracy and the
rule of law after years of autocracy and violence, during the
transition process.
10.9 The Minister also illustrates
that the EU fulfilling its obligations is not necessarily straightforward,
explaining that a scrutiny over-ride has occurred because differences
of view among EU Member States over the correct interpretation
of UNSCR 2153 (2014) were only recently resolved and meant that
there was not enough time to clear scrutiny in advance of FAC
adoption.
10.10 We do not take issue with this
over-ride on this occasion and in these circumstances. However,
when the Minister submits the Council Regulation for scrutiny,
we should be grateful if he would explain what those differences
were and precisely when they were resolved.
10.11 In the meantime, we now clear
this Council Decision.
Full details of the
documents: Council Decision
amending Decision 2010/656/CFSP renewing the restrictive measures
against Côte d'Ivoire: (36144) —.
Background
10.12 As earlier Committee Reports have
noted, Côte d'Ivoire (CDI) has had a bad time over recent
years.[22] UN sanctions
were first imposed in 2004. These are implemented in EU by a
"policy-setting" Council Decision and implementing Regulations.
EU restrictive measures prior to the 2010 election were thus an
arms embargo, a travel ban and asset freeze on three people and
a ban on direct or indirect import of all rough diamonds.
10.13 Following the disputed election
results in November 2010, further EU measures targeted individuals
and entities identified as supporters of the incumbent, Laurent
Gbagbo, and who were obstructing the process of peace and national
reconciliation, and in particular jeopardising the proper outcome
of the electoral process. After prolonged resistance and a violent
dénouement, former President Gbagbo was arrested in April
2011 and President Ouattara was able to take office. The EU immediately
responded by delisting certain entities and individuals that no
longer met the listing criteria set by the measures (which the
Committee reported to the House). Then, in January and February,
the EU de-listed a further 78 individuals judged no longer to
constitute a threat to the process of peace and national reconciliation,
in line with a policy of supporting that process and the other
main priorities of the new Ivorian administration, of re-starting
the economy and security sector reform (having produced several
Reports to the House in 2010 and 2011, the Committee concluded
these measures were not, in and of themselves, ones that warranted
a further substantive Report).
10.14 On 23 April, the UNSC unanimously
passed Resolution 2045 (2012). According to the UN, this was
aimed at "further Security Council support for Côte
d'Ivoire's fragile peace process". Thus the Council modified
arms sanctions set to expire in May 2012 until 30 April 2013,
to include exemptions, including for arms and related equipment
intended to enable the Ivorian security forces to use appropriate
and proportionate force while maintaining public order, and arms
and other equipment for support of the security sector reform
process.
10.15 At that time, the Minister explained
that the Council Decision and Council Regulation that the Committee
cleared two years ago were necessary to put into place the following
amendments made to the UN arms embargo:
— the lifting of the prohibition
on providing technical or financial assistance related to military
equipment; and
— the amendment of the approval
process for certain exemptions to the UN arms embargo to a process
of notification, whereby when a Member State decides that an export
meets an exemption it no longer needs to seek approval from the
UN Sanctions Committee to proceed but must only notify the Committee
of its decision to authorise the export.
10.16 The Minister said that, via the
adoption of UNSCR 2045 (2012), the UNSC welcomed the steady progress
and achievements Côte d'Ivoire had made since the disputed
Presidential elections in returning to stabilisation, notably
by holding parliamentary elections, addressing immediate security
challenges, advancing economic recovery and strengthening international
and regional cooperation; acknowledged the efforts by all Ivorians
to promote national reconciliation and consolidation of peace
through dialogue and consultation; encouraged the Dialogue, Truth
and Reconciliation Commission to make further progress in this
direction; and welcomed the assistance of the African Union and
the Economic Community of West African States in this regard.
This notwithstanding, the UNSC remained concerned about the unresolved
challenge of security sector reform (SSR) and disarmament, demobilisation
and reintegration (DDR), as well as the circulation of weapons,
which continued to be significant risks to the stability of Côte
d'Ivoire; and accordingly welcomed the creation of a DDR and SSR
working group by the Ivorian Government and other efforts to address
seriously these challenges. However, the Minister said, in taking
note of the difficulties faced, the UNSC also acknowledged the
urgent need for the Ivorian Government to equip and train its
security forces, especially the police and gendarmerie, with standard
policing weapons and ammunition, and also noted the importance
of the Ivorian Government being able to respond proportionately
to threats to the security of all citizens in Côte d'Ivoire.
So, in order for the Ivorian Government to be able to achieve
these aims, necessary amendments were made to the arms embargo
that would allow the international community to respond more quickly
to the needs of the Ivorian Government while still retaining the
necessary controls on the export of arms and related material.
10.17 Although no questions arose, on
this occasion we concluded that these developments, in a part
of the world of continuing political importance to UK and EU interests,
on this occasion warranted a substantive Report to the House.[23]
The Minister's Explanatory Memorandum of 18 June
2014
10.18 The Minister says that the CDI
continues to make encouraging progress in its recovery from the
civil crisis that followed the 2010 Presidential elections:
"The underlying security situation
has continued to improve over the last 12 months, as President
Ouattara has continued to take steps to ease political tensions
and improve security; though, there are still pockets of insecurity,
particularly in the west of the country, and the continuing security
influence of the Zone Commanders of the former Forces Nouvelles
remains a concern. In response, the government has prioritised
the implementation of its national strategy on SSR, though challenges
remain in respect of accelerating the pace of reform, restoring
public confidence in the national security forces and strengthening
capacity; particularly of the police and gendarmerie. The government
will also have to accelerate DDR if it is to meet its target of
disarming the full case-load of former combatants by mid-2015.
The United Nations Operation in Côte d'Ivoire (UNOCI) continues
to provide assistance and advice to the government of CDI on the
implementation of its National Security Strategy and DDR programme."
10.19 Looking ahead, the Minister then
says:
"The upcoming Presidential
elections of 2015 are seen as an important milestone for long-term
stability. The challenge facing CDI in the interim is to create
an environment which is conducive to credible, transparent and
inclusive elections. The next key step in this area is due to
start in mid-2014, by the Independent Electoral Commission (IEC).
The IEC will seek to develop a credible, apolitical, voters list
which will enfranchise the estimated 5 million voters who are
not on the electoral register (around 50% of voters)."
10.20 With regards to the UN renewal
of restrictive measures, the Minister comments thus:
"some Member States pushed
for a fairly substantive lifting of the arms embargo, suggesting
that enough progress has been made by the Ivorian authorities
on SSR and DDR reform. Other Member States felt that this was
premature and suggested that there needed to be more evidence
of the military being under the control of a democratically elected
civilian government over a more substantial amount of time. There
was a suggestion for the embargo to remain unchanged for another
year, allowing time for the elections in 2015 to act as a benchmark
with which to consider the easing of measures. Although the UK
agreed that the upcoming elections were a key point with which
to measure progress in CDI, it was felt that some easing to the
embargo was warranted to allow the Ivorians to better equip their
army, police and gendarmerie, so as to marginalise the Zone Commanders
in the future and mark the progress that has been made in SSR
reform thus far. This compromise was reached by agreeing the lifting
of 'non-lethal' items from the embargo and by removing the requirement
for the Ivorian authorities to obtain advanced approval from the
UN Sanctions Committee for exports of 'small arms'; this has been
replaced with a requirement for CDI to simply notify the committee
when they receive such exports.
"With regards to exemptions
to the arms embargo, UNSCR 2153 (2014) does also allow for the
transfer of lethal arms to the Ivorian security forces, providing
the UN CDI Sanctions Committee is notified in advance and that
they are subsequently satisfied that any such exports are likely
to contribute positively to SSR objectives. Supplies of lethal
arms under this exemption are to be logged and recorded by the
Ivorian authorities, with weapons requiring physical markings
to help monitor and account for their circulation in CDI.
"As a further measure to progress
SSR in CDI, the Ivorian authorities are now obliged under UNSCR
2153 (2014) to submit bi-annual reports to the UN CDI Sanctions
Committee on the efforts they have made to progress SSR and DDR
reform. The first report is due no later than 30 September 2014,
with the second report due by 30 May 2015."
10.21 On the question of the Government's
policy towards the CDI, the Minister says;
"The Group of Experts, who
report to the UN CDI Sanctions Committee, have had their mandate
renewed until 30 May 2015. They are due to submit their mid-term
report on the situation in CDI by 15 October 2014, with their
final report due by 15 April 2015. These two reports will help
to inform our understanding of the situation in CDI, which will
in turn allow us to assess the direction of our policy on CDI
as a whole."
10.22 With regard to the diamonds industry,
the Minister says:
"In addition to progress the
Ivorian authorities have made in SSR reform, there has been significant
progress in the reform of the diamonds industry. CDI now meets
the minimum Kimberly Process requirements and thus it was greed
at the UN that the diamonds embargo could be lifted. The Ivorian
authorities have a strategy in place to ensure that the diamonds
industry continues to transition in a structured and accountable
fashion; the Ivorian authorities have provided the UN with information
on their plans to facilitate appropriate Government rough-diamond
valuation, anti-fraud measures and the establishment of 'buying
houses', to regulate the valuation and sale of diamonds. Ivorian
authorities have also invited various bodies, such as the UN Group
of Experts, the Kimberly Process Working Group on Monitoring,
INTERPOL and 'Friends of Côte d'Ivoire', to remain involved
and consulted on progress."
10.23 All of these changes, to the arms
embargo and the lifting of the diamonds embargo, are (the Minister
says) now to be adopted by the EU via the attached Council Decision
and supporting Council Regulation (due to be drafted after Foreign
Affairs Council (FAC) adoption):
"Whilst the EU is permitted
to adopt further measures to that of the UN, there is consensus
amongst EU Member States that the situation in CDI is progressing
positively. Thus, there are no additional autonomous EU measures
included in this Council Decision, or due to be included in the
supporting Regulation, and there is confidence that progress will
remain positive over the coming year."
10.24 To conclude, the Minister says:
"the situation in CDI continues
to improve, with the latest UNSCR going some way to recognise
the achievements of the Ivorian authorities. However, instability
remains in parts of the country and it is felt overall that more
progress and time is needed for the situation in CDI to normalise.
Should SSR and DDR reform continue to progress positively and
democratic elections are successfully held in 2015, the UN and
EU may be in a position to consider easing measures further."
10.25 With regard to the scrutiny process,
the Minister says that the Council Decision is due to be adopted
at the EU Foreign Affairs Council on 23 June 2014, and comments
thus:
"We appreciate that this will
not leave the Committees enough time to consider the document
and clear it from scrutiny. Unfortunately, this has been unavoidable
on this occasion, as some Member States delayed the drafting
of the final CD[24] following
a dispute over the correct interpretation of UNSCR 2153 (2014).
This was only recently resolved and means that there is now not
enough time to clear scrutiny in advance of FAC adoption."
10.26 The Minister then also says:
"This is an opportunity to
scrutinise the content of the annual rollover of CDI sanctions.
The Implementing Regulation will be drafted following FAC adoption
of the CD.
"Any unscheduled amendments
outside of the rollover process could require CDs and CRs,[25]
which we would put forward to Parliament for scrutiny as they
occur; unless deemed of minimal significance, in which case an
exemption will be sought with the scrutiny committees."
Previous Committee Reports
None; but see (34023) — and (33898),
10281/12: Sixth Report HC 86-vi (2012-13), chapter 9 (27 June
2012).
21 See (34023) - and (33898) 10281/12: Sixth Report,
HC 86-vi (2012-13), chapter 9 (27 June 2012) and all the Reports
referred to therein for the full background to the EU's dealings
with Co^te d'Ivoire in recent years. Back
22
See (34023) - and (33898) 10281/12: Sixth Report HC 86-vi (2012-13),
chapter 9 (27 June 2012) and all the Reports referred to therein
for the full background to the EU's dealings with Côte d'Ivoire
in recent years. Back
23
See (34023) - and (33898) 10281/12: Sixth Report, HC 86-vi (2012-13),
chapter 9 (27 June 2012). Back
24
Council Decision. Back
25
Council Regulation. Back
|
