12 EU restrictive measures against Côte
d'Ivoire
Committee's assessment
| Politically important |
Committee's decision | Cleared from scrutiny
|
Document details | Council 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),
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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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