Subsidiarity and Proportionality and the Commission's Relations with national parliaments - European Scrutiny Committee Contents


12 EU restrictive measures against Côte d'Ivoire

Committee's assessment Politically important
Committee's decisionCleared from scrutiny
Document detailsCouncil Decision and Council Regulation amending restrictive measures against, and restrictions on the supply of assistance related to military activities to, C¼te d'Ivoire
Legal base(a) Article 29 TEU; unanimity;

(b) Article 215 TFEU; QMV

Department

Document numbers

Foreign and Commonwealth Office

(36596), — and (36597), —

Summary and Committee's conclusions

12.1 C¼te d'Ivoire (CDI) has been a troubled country over recent years.[31] UN sanctions were first imposed in 2004. The EU imposed an arms embargo, a travel ban and asset freeze on three people and a ban on direct or indirect import of all rough diamonds.

12.2 Following the disputed election results in November 2010, further EU measures targeted individuals and entities supporting the incumbent, Laurent Gbagbo, and 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 stable, democratic, law-based governance.

12.3 The attached Council Decision and Council Regulation seek to add a derogation to the prohibition on the sale, supply, transfer or export of certain items, solely for use in civilian mining and infrastructure.

12.4 The Minister for Europe (Mr David Lidington) explains that:

—  in late 2013, the Federation for European Explosives Manufacturers (FEEM) approached the European Commission with concerns over the inclusion of certain civil explosives and related equipment (e.g. detonators) in the EU "internal repression" list that is annexed to EU sanctions;

—  FEEM's concerns were that these items are essential in mining construction and other civil infrastructure projects and could not be used easily and conventionally as weapons of internal repression;

—  the matter was referred to the Conventional Arms Exports Group (COARM) which in turn set up a virtual "experts group" to discuss the issue; and

—  the COARM report is a classified document, but in essence "proposed a solution to allow Member States to authorise on a case-by-case basis the supply of certain explosives and related equipment where they are satisfied that they are for use in the type of projects described above".

12.5 The Minister says that:

—  CDI continues to show encouraging progress, particularly over the past 12 months, with the presiding government continuing to take steps to ease political tensions and to improve the security and stability of the country;

—  following the lifting last year of the embargo on diamonds, the CDI authorities have continued to strengthen the governance framework required to meet the minimum requirements as set out by the Kimberly Process;

—  the proposal now being put forward shows that the international community views the positive developments in CDI favourably; and

—  the Government shares this optimism and believes that that the derogation will further support measures to bring peace, stability and prosperity to the country.

12.6 We shall no doubt hear more about progress towards the creation of an environment conducive to proper elections, and especially a credible, apolitical, and comprehensive voters list prior to the Presidential elections; in the implementation of its SSR strategy; and, more generally, on the "clear post embargo strategy" set out before the UN on 12 December 2014 (see paragraphs 12.14-12.15 and 12.21 below) when the overall EU package of restrictive measures is submitted for scrutiny in the Spring.

12.7 In the meantime, we now clear this Council Decision and Council Regulation.

Full details of the documents: (a) Council Decision amending Decision 2010/656/CFSP renewing the restrictive measures against C¼te d'Ivoire: (36596),—;(b) Joint Proposal for a Council Regulation amending Council Regulation (EC) No. 174/2005 imposing restrictions on the supply of assistance related to military activities to C¼te d'Ivoire: (36597),—.

Background

12.8 As earlier Committee Reports have noted, C¼te d'Ivoire (CDI) has beden a troubled country over recent years.[32] UN sanctions were first imposed in 2004. These are implemented in by the 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.

12.9 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).

12.10 Then a further 78 individuals were judged no longer to constitute a threat to the process of peace and national reconciliation, and were de-listed in line with a policy of supporting that process and the other main priorities of the new Ivorian administration — 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).

12.11 On 23 April, the UNSC unanimously passed Resolution 2045 (2012). The EU accordingly 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.

12.12 At that time, the Minister explained that, via the adoption of UNSCR 2045 (2012), the UNSC welcomed the steady progress and achievements C¼te 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 Ivoirians 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 stability. However, the Minister said, in taking note of the difficulties faced, the UNSC also acknowledged the urgent need for the Ivoirian Government to equip and train its security forces, especially the police and gendarmerie, with standard policing weapons and ammunition, and the importance of the Ivoirian Government being able to respond proportionately to threats to the security of all its citizens. So necessary amendments were needed to the arms embargo that would allow the international community to respond more quickly to the needs of the Ivoirian Government while still retaining the necessary controls on the export of arms and related material.

12.13 Although no questions arose, on that occasion we concluded that these developments, in a part of the world of continuing political importance to UK and EU interests, warranted a substantive Report to the House.[33]

12.14 Most recently, in June 2014, the Minister reported that the CDI continued to make encouraging progress. There were, though, still pockets of insecurity; the government had accordingly prioritised implementation of its SSR national strategy; but challenges remained with regard to accelerating the pace of reform, restoring public confidence in the national security forces and strengthening capacity, particularly concerning the police and gendarmerie, and disarming all former combatants by the mid-2015 target.

12.15 Politically, the 2015 Presidential elections would be a key milestone; the immediate challenge was to create an environment conducive to proper elections, and especially a credible, apolitical, voters list that would enfranchise the estimated five million voters (i.e., c. 50%) not on the electoral register.

12.16 With regards to the renewal of the UN restrictive measures, the Minister said that some Member States had argued that the fact that progress had been made by the Ivorian authorities on SSR and DDR reform justified a fairly substantive lifting of the arms embargo; other Member States felt that this was premature, and that more evidence was needed of the military being under the control of a democratically elected civilian government over a more substantial amount of time; and the UK Government agreed that, while the upcoming elections were a key point against which to measure progress, 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 and mark the progress in SSR reform thus far. Hence the compromise of the lifting of "non-lethal" items from the embargo and replacing the requirement for the Ivorian authorities to obtain advanced approval from the UN CDI Sanctions Committee for exports of "small arms" with a requirement to notify the committee when they received such exports. UNSCR 2153 (2014) also allowed for the transfer of lethal arms to the Ivorian security forces, providing the UN CDI Sanctions Committee was notified in advance and that they were subsequently satisfied that any such exports were 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.

12.17 Regarding the diamonds industry, the Minister said that had also been significant progress: CDI now met the minimum Kimberly Process requirements. The Ivorian authorities had a strategy in place to ensure that the diamonds industry continued to transition in a structured and accountable fashion; the Ivorian authorities had 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; various bodies, such as the UN Group of Experts, the Kimberly Process Working Group on Monitoring, INTERPOL and "Friends of C¼te d'Ivoire", had also been invited to remain involved and consulted on progress. Thus it was agreed at the UN that the diamonds embargo could be lifted.

12.18 The Minister also noted that, whilst the EU was permitted to adopt further measures to that of the UN, there was consensus that the situation in CDI was progressing in such a way, and would continue so to do, that there was no need for any additional autonomous EU measures to be included in the Council Decision or the supporting Council Regulation.[34]

The draft Council Decision and Council Regulation

12.19 The attached Council Decision and Council Regulation seek to add a derogation to the prohibition on the sale, supply, transfer or export of certain items solely for use in civilian mining and infrastructure, in relation to Council Decision (2010/656/CFSP) and Council Regulation (174/2005) concerning restrictive measures against Cote d'Ivoire.

12.20 In his Explanatory Memorandum of 15 January 2014, the Minister for Europe explains the origin and nature of the proposal, as outlined above.

The Government's view

12.21 The Minister comments as follows:

    "CDI continues to show encouraging progress in its recovery from the civil crisis that followed the 2010 Presidential elections. The underlying security situation has continued to improve, particularly over the past 12 months, with the presiding government continuing to take steps to ease political tensions and to improve the security and stability of the country. The next Presidential vote will take place in October 2015 which will provide the CDI authorities with the chance to demonstrate its support for the democratic process through the holding of free and fair elections.

    "In April 2014 the UN Security Council eased the arms embargo on CDI in recognition of its progress and development, facilitating greater access to the CDI authorities for arms and equipment needed to further its Security Sector Reform (SSR) objectives. The embargo on diamonds has also been lifted through the country meeting the minimum requirements as set out by the Kimberly Process. These requirements include measures to ensure diamonds from CDI are mined and sold via legal means, reducing the possibility of illicit diamonds trading funding rebel groups in the country. On 12 December 2014 CDI set out a clear post embargo strategy before the UN which included steps to strengthen the governance framework of the Kimberly Process and valuation capacities, developing and implementing anti-fraud measures and establishing legally constituted buying houses. The lifting of these sanctions measures shows the international community views the positive developments in CDI favourably. The UK shares this optimism and believes that that the derogation as set out in the Council Decision and Regulation will further support measures to bring peace, stability and prosperity to the country."

Previous Committee Reports

None, but see (36144), —: Fourth Report HC 219-iv (2014-15), chapter 10 (25 June 2014) and (34023), — and (33898), 10281/12: Sixth Report HC 86-vi (2012-13), chapter 9 (27 June 2012).


31   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

32   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

33   See (34023), - and (33898), 10281/12: Sixth Report HC 86-vi (2012-13), chapter 9 (27 June 2012). Back

34   For full background, see (36144), -: Fourth Report HC 219-iv (2014-15), chapter 10 (25 June 2014). Back


 
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Prepared 30 January 2015