# EUR-Lex - 51998IP0411 - EN

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# 51998IP0411

**Resolution on the Commission Communication entitled 'Democratisation, the rule of law, respect for human rights and good governance: the challenges of the partnership between the European Union and the ACP States' (COM(98)0146 C4-0390/98) **

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Official Journal C 104 , 14/04/1999 P. 0185 *

A4-0411/98

Resolution on the Commission Communication entitled 'Democratisation, the rule of law, respect for human rights and good governance: the challenges of the partnership between the European Union and the ACP States' (COM(98)0146 - C4-0390/98)

The European Parliament,

- having regard to the Commission communication, COM(98)0146 - C4-0390/98,

- having regard to Article 5, Article 224m and Article 366a of the revised Lomé IV Convention,

- having regard to its resolutions of 2 October 1997 on the Commission's Green Paper on relations between the European Union and the ACP countries on the eve of the 21st century - challenges and options for a new partnership ((OJ C 325, 27.10.1997, p. 28.)) and 1 April 1998 on the Communication from the Commission on the guidelines for the negotiation of new cooperation agreements with the African, Caribbean and Pacific (ACP) countries ((OJ C 138, 4.5.1998, p. 108.)),

- having regard to the Joint Assembly ̈s resolution on democracy, human rights and development in the ACP countries ((OJ C 234, 30.8.1993.)),

- having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Foreign Affairs, Security and Defence Policy (A4-0411/98),

1. Points out that the promotion of human rights, the rule of law and democratic principles is now an integral part of the European Union ̈s development policy (and, in particular, of ACP-EU cooperation, which is the most complete expression of that policy), and an essential priority component thereof;

2. Notes with satisfaction the positive approach adopted by the European Union, which consists in supporting, both financially and technically, the efforts made in these areas by the ACP countries;

3. Welcomes in this respect the significant progress made over the last few years in a number of ACP countries, in spite of difficult socio-economic circumstances, and encourages those countries to strive for further progress;

4. Urges that the promotion of good governance (accompanied by an explicit reference to action to combat corruption) should be enshrined as one of the essential features of the next ACP-EC Convention; considers that the next Convention must include instruments and practical measures which will enable effective action to be taken against corruption at all levels;

5. Stresses that the widespread corruption in certain countries is eroding confidence in the State ̈s ability to take effective action and that the most important way of countering this situation is to help boost the openness and transparency of public bodies;

6. Stresses that the negotiations leading to a renewal of the ACP-EC Convention should provide an opportunity for significant further progress to be made in both the definition and the common understanding of concepts and objectives, in the definition of the priority sectors and areas of activity which stem therefrom and in the procedure for the practical implementation of cooperation and the assessment thereof;

7. Considers that the current international economic system marginalises the ACP countries; calls on the Commission to include in the future ACP-EC Convention mechanisms which make it possible to achieve the objectives set by the UN conferences, and in particular to fulfil the commitments entered into at Rio in 1992 and at Copenhagen in 1995;

8. Recalls its wish that the ACP countries themselves should be invited to propose criteria relating to the promotion of human rights, democratisation and good governance, including action to combat corruption; considers, in this respect, that the Commission Communication represents a useful addition to the contribution to be made by the European Union in order to ensure that greater account is taken of the above values in the forthcoming negotiations leading to a renewal of the ACP-EC Convention;

9. Reiterates its conviction that successful relations between the Union and the ACP countries depend on an integrated approach to economic, political, cultural, social and environmental issues which also takes account of the specific interests of both men and women;

10. Stresses that women in general and poor women in particular are frequently discriminated against as regards participation in political life and the exercise of human rights; considers that women are exposed to various forms of oppression, discrimination and violence; considers that it is therefore necessary to focus in particular on the participation of women in political processes and on women ̈s legal and social rights;

11. Agrees with the definition of concepts and objectives which is put forward in the Communication and also with the survey of the activity areas which are to be regarded as having priority in the context of ACP-EU cooperation and which correspond to the guidelines adopted by Parliament in its abovementioned resolutions of 2 October 1997 and 1 April 1998;

12. Stresses its wish, however, that particular attention should be devoted to the situation of children and the protection of children's rights in the context of ACP-EU dialogue on human rights;

13. Also stresses the importance of specific initiatives relating to army, police and prison personnel, with particular regard to the conditions under which they operate and the extent of their human rights training;

14. Considers the emergence of independent media to be crucial for the development of the democratic process and for ensuring respect for human rights; calls on the Commission to assist the independent media;

15. Considers that the significant improvement which is needed in the practical application of ACP-EU cooperation in the above areas (as regards the definition of priorities and the selection of programmes and projects, and also the monitoring and assessment thereof) requires a deepening and a broadening of the dialogue, both between the European Union and the ACP countries and within the various ACP countries themselves;

16. Stresses that this broadened and deepened dialogue between the European Union and the ACP countries must extend to all the subjects and areas concerned and must involve a full range of representatives from the various states (including members of the executive, legislative and judicial spheres) and from civil society;

17. Stresses the essential contribution to be made by civil society to the commencement of dialogue with the ACP countries and the launching of measures to promote democratisation, respect for human rights and the rule of law and to assess and monitor the fulfilment of these objectives;

18. Takes the view that the participation of civil society will help to strengthen both the economic and social operators in the ACP countries (in particular chambers of commerce, trade unions, professional bodies, citizens' associations, NGOs, etc.) and the various political parties;

19. Considers that the process and the arrangements for a deeper, broader dialogue of this kind must be clearly defined and be given institutional status in the next ACP-EC Convention; considers that the Joint Assembly must be given an eminent role to play in the pursuit of this dialogue;

20. Stresses the importance of ensuring that the dialogue is initiated at the negotiation stage concerned with the establishment of the National and Regional Indicative Programmes - the stage at which the priority areas for action and the amount of funding to be allocated to them are determined;

21. Considers that, in order to ensure the quality of the dialogue between the European Union and each of the ACP countries and the quality of the necessary debate on the above matters which must be intensified within the various ACP countries, there needs to be greater marshalling of ACP interlocutors and organisations which are more capable of putting forward proposals and providing expert advice in the areas concerned; calls on the European Union to encourage such interlocutors and organisations to come forward and be mobilised at both national and regional level;

22. Considers it essential for the social, economic, political and cultural specificity of each ACP country to be recognised and for it to be accepted as a consequence that the definition of objectives and priority areas for action, the rate of progress and the assessment of what is achieved must be appropriate to each of the countries concerned, although they must not be an excuse for compromise over the basic principles of human rights;

23. Takes the view that it is for the ACP countries, without calling into question the universality of respect for human rights and democratic principles, to find ways of establishing institutions capable of guaranteeing such rights;

24. Stresses that, amongst the joint institutions, the ACP-EU Joint Assembly, as the body representing the peoples of the countries signatory to the Convention, constitutes a special forum within which a major contribution to the implementation of development and cooperation policy can be made; calls once again for the Joint Assembly to be democratised by means of provisions designed to reflect the diversity of opinion within the ACP countries, which are currently represented by a single delegate per country; considers that the existing structures of the ACP-EU Council of Ministers and the ACP-EU Joint Assembly must be strengthened;

25. Considers that the amount of progress made by cooperation policy in this area should form the subject of a major annual debate within the Joint Assembly on the basis of a detailed report forwarded by the ACP-EU Council of Ministers; takes the view that, where a serious infringement of the principles of human rights, democracy, the rule of law and good governance is noted, rapporteurs must be appointed (one from the EU and one for the ACP countries) to conduct inquiries and draw up a report for the ACP-EU Council of Ministers and to the ACP-EU Joint Assembly;

26. Considers that the positive approach adopted by the European Union should be given an added dimension in the form of sanctions as currently provided for in Article 366a of the Convention; considers that it should also be possible for sanctions to be imposed on the European Parliament ̈s initiative and that Parliament should be consulted at all stages in the application of the above article;

27. Would like to see every ACP country have an independent national audit office that is able to report to the government and national parliament of the country concerned, so that, where appropriate, the required action can be taken; would like to see such audit offices cooperate well with the European Court of Auditors as regards checks on the EU funds used to promote the development of the relevant countries;

28. Considers that the next Convention should contain a set of specific, practical and uniform anti-corruption sanctions aimed at both active and passive forms of corruption and applying equally to the ACP countries, the EU Member States and their economic operators;

29. Considers that the sanctions contained in the next Convention should be reinforced by a joint anti-corruption watchdog and enforcement mechanism, which can be activated in both the EU Member States and the ACP countries;

30. Advises the Commission, in the areas for action specified in this Communication, in particular not to take a bureaucratic approach but to involve relevant NGOs in the assessment of the situation in the ACP countries concerned, as they often have a detailed overview of any problems that might exist with regard to human rights, the rule of law and good governance;

31. Instructs its President to forward this resolution to the Commission and Council.