# EUR-Lex - 22008P0301(06) - EN

Important legal notice

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# 22008P0301(06)

**Kigali Declaration for development-friendly Economic Partnership Agreements (EPAs) **

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Official Journal 058 , 01/03/2008 P. 0044 - 0046 *

Resolution [1]

on the situation in the Democratic Republic of Congo, particularly in the East of the country, and its impact on the region

The ACP-EU Joint Parliamentary Assembly,

- meeting in Kigali (Rwanda) from 19 to 22 November 2007,

- having regard to Article 17(2) of its Rules of Procedure,

- having regard to its previous resolutions on the Democratic Republic of Congo (DRC) and the Great Lakes region,

- having regard to the resolutions of the United Nations (UN) Security Council on the situation in Democratic Republic of Congo and the monthly reports of the UN Secretary-General on this matter,

- having regard to the resolution of the European Parliament of 15 December 2004, on the situation in the eastern DRC [2],

- having regard to the Pact for Security, Stability and Development in the Great Lakes region that was signed in Nairobi (Kenya) on 16 December 2006 by the Heads of State and Government of the countries of the Great Lakes region,

- having regard to the International Convention on the Rights of the Child of 20 November 1989, which prohibits the involvement of children in armed conflicts,

- having regard to the report of the mission of the ACP-EU Joint Parliamentary Assembly on the observation of the presidential and legislative elections held in the DRC on 30 July and 29 October 2006 respectively,

- having regard to the joint action of the Council concerning the mission of the European Union (EU) to provide advice and assistance in the framework of the reform of the security sector in the DRC,

- having regard to the Kimberley process, which aims, ultimately, to put an end to the circulation of blood diamonds and to improve governance in those countries rich in natural resources through the verification and complete publication of all payments made by the companies and the revenue derived by the governments from oil, gas, and mining products,

A. whereas the many years of armed conflict have resulted directly and indirectly in 4 million direct and indirect victims and caused the displacement of at least 1,5 million people, most of them women and children, as well as the destruction of the socioeconomic infrastructures of the DRC,

B. recalling, with concern, that, since the end of 2006, approximately 300000 persons living in the province of North Kivu have been forced to flee their homes due to warfare involving the regular armed forces of the DRC and the rebel troops of ousted general Laurent Nkunda, and other armed groups bringing the total number of displaced persons up to 800000 people,

C. tremendously worried by the increasing violence, the widespread human rights violations, rapes and other forms of sexual violence perpetrated against women from the eastern provinces of North Kivu and South Kivu,

D. deeply concerned by the persistence and increasing recruitment of child soldiers in the east of the DRC by armed militias,

E. concerned by the near-permanent situation of insecurity in the east of the DRC, which makes it impossible for humanitarian organisations to distribute foodstuffs and basic necessities such as medicines, to the civilian population,

F. considering the presence of foreign armed groups, including the ex-Rwandan Armed Forces (ex-FAR)/Interahamwe (Democratic Forces for the Liberation of Rwanda (FDLR)), which continue to commit, with impunity, atrocities such as murder, rape, torture and raids, thereby forcing civilians to become displaced to the east of the DRC and in the neighbouring countries, which constitutes a threat to the security, stability and development of the country,

G. whereas the persistence of armed conflicts and renegade armed groups in the Great Lakes region constitutes a serious threat to peace, stability, democracy and the development of that region; whereas it compromises cooperation between the states of the region and cancels out the efforts of the international community to bring about the emergence of vibrant and prosperous democratic states in that region and the improvement of the living conditions of their respective populations,

H. whereas it is imperative, consequently, to take all the necessary measures to put an end to the conflicts, dismantle the armed groups and forestall any future conflict so as to consolidate peace and democracy, promote the stability and development in the region for the wellbeing of all the peoples of the Great Lakes region, and to enable the legitimate institutions of the DRC to devote their energies to rebuilding their country, which has been destroyed by recurring wars,

I. whereas peace and security, both in the DRC and in the Great Lakes region, can only be achieved by putting an end to the threat created by foreign and national armed groups in the DRC and their political organisations, as well as by the complete disarming of all paramilitary groups marauding in that region,

J. whereas the International Criminal Court (ICC) has been investigating the crimes that may have been committed in the DRC since 2004,

K. having regard to the commitments made in Kigali on 28 August 2007 by the parties at the "Tripartite Plus" summit, namely the army chiefs of the DRC, Rwanda, Uganda and Burundi, and those made on 16 September 2007 by the foreign affairs ministers of those countries, with the aim of seeking peace by neutralising the rebel armed forces located in the respective territories; having regard to the Joint Declaration of the foreign affairs ministers of the DRC and Rwanda issued at the end of the meeting in Kinshasa on 3 and 4 September 2007,

L. whereas the Joint Communiqué of the Government of the DRC and the Government of the Republic of Rwanda on a common approach to end the threat posed to peace and stability in both countries and the Great Lakes region, signed on 9 November 2007 by the foreign affairs ministers of the two countries under the facilitation of the UN and in the presence of representatives of the United States of America and the EU, outlines new prospects for peace and cooperation among the states in the region,

M. whereas the President of the DRC, Joseph Kabila, and his Ugandan counterpart, Yoweri Museveni, met in Tanzania in September 2007 to set up, with the support of the UN, a joint military force to dislodge the Lord's Resistance Army (LRA) rebels causing instability in the region and also to embark on joint oil exploration exercises,

N. whereas the DRC possesses an abundance of natural mineral wealth and forestry resources, among others, which must be carefully and efficiently managed to ensure that country's economic and social development,

O. having regard to the Extractive Industries Transparency Initiative (EITI), to which the DRC is party,

P. having regard to the decision of the Government of the DRC to review the mining and forestry contracts signed during the period of war and the transition phase,

Q. whereas the new constitution adopted on 18 December 2005 by the Congolese people offers the solid base necessary to build a state founded on the rule of law and a truly democratic society,

R. whereas the multiparty presidential and legislative elections held in the DRC on 30 July and 29 October 2006 respectively have given the population renewed hope for an era of peace, stability and prosperity after many years of dictatorship and war; whereas municipal elections are currently being organised,

S. whereas all Congolese citizens have the right to equal protection by the government entities, particularly as regards security, and the safety of their persons and property,

T. whereas the Congolese Parliament has recently passed the law on the status of the political opposition in the DRC so as to strengthen democracy and the role of the political opposition in governing the country,

1. Calls on all the forces participating in conflicts in the east of the DRC to respect human rights and international humanitarian law, to cease all attacks on civilians and to allow humanitarian agencies to come to the assistance of the civilian population;

2. Urges that the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the recruitment of child soldiers be reported, identified, prosecuted and punished in accordance with national and international criminal law;

3. Calls on the Government of the DRC and the United Nations Mission in the Democratic Republic of Congo (MONUC) to guarantee an appropriate level of security for the members of humanitarian organisations;

4. Calls on the governments of the EU and ACP countries, the Council of the EU, the European Commission, the UN and the African Union (AU) to do everything possible to provide efficient and adequate aid to the population in the east of the DRC and to contribute to address a humanitarian disaster;

5. Expresses grave concern regarding the situation and the number of internally displaced persons and refugees who are still in the neighbouring countries, and calls on the DRC authorities and the host countries to do everything in their power to facilitate the safe return of the Congolese refugees, particularly by cooperating fully with partners such as the UN World Food Programme (WFP) and the UN High Commission for Refugees (UNHCR);

6. Calls on the European Commission and the Council to prepare, with the cooperation of non-governmental organisations (NGOs) and the Government of the DRC, a humanitarian programme for the DRC with the aim of providing increased and improved medical assistance to the Congolese people;

7. Calls on the European Commission to provide support, including financial aid, to the organisation of a peace conference in Kivu, so as to enable the population to participate in the search for lasting solutions;

8. Takes due note of the mutual commitments by Burundi, the DRC, Uganda and Rwanda, and in particular the Joint Communiqué signed by the governments of Rwanda and the DRC in Nairobi on 9 November 2007, with a view to finding a concerted and lasting solution to the security problems in the region, and commends the parties for their efforts;

9. Urges all the parties to strictly honour the commitments made, and calls on the UN, the EU, the AU, the partners of the states concerned, as well as the Friends of the Great Lakes, to strongly and actively support the efforts to implement these commitments and the Pact on Security, Stability and Development in the Great Lakes region;

10. Urges the Government of the DRC, with the support of MONUC — whose resources have to be increased — and, in accordance with paragraph 9(b) of the Joint Communiqué of 9 November 2007, to "launch military operations, as a matter of urgency, to dismantle the ex-FAR/Interahamwe as a genocidal military organisation in the DRC", and that these operations "be simultaneously conducted with operations to dismantle illegal armed groups in North and South Kivu",

11. Welcomes the will expressed by Rwanda and the DRC during the meeting of their respective foreign affairs ministers in Kinshasa on 3 and 4 September 2007 to normalise relations between the two countries, and encourages them in this regard;

12. Requests that all the states signatory to the Pact on Security, Stability and Development in the Great Lakes region ratify and implement it fully;

13. Calls for efforts to be made at national and international level to reinforce the rule of law in the DRC, especially in the areas of governance and security;

14. Appeals for the restoration and respect for the authority of the state in the entire country, which implies disarming all the militia;

15. Calls on the international community, including the EU Member States and the ACP States, to honour their promises to cooperate with the DRC and help to bring stability to the east of the country;

16. Calls on the UN, the EU, the AU and the other partners of the DRC to continue to support the efforts of that country's authorities to reform the army, the police, the security services and the judiciary with a view to re-establishing the state and its authority, all essential elements for the consolidation of peace and security in the country and the Great Lakes region as well;

17. Expresses satisfaction with the establishment of democratically elected institutions in the DRC and calls on the country's leaders to take all the necessary initiatives to consolidate democracy and ensure the participation of all the active forces in the Congolese nation in the governance of the country on the basis of constitutional rule;

18. Welcomes the fact that the Parliament of the DRC has passed the law establishing the status of political opposition, and calls for its rapid promulgation and successful application;

19. Calls for support from the EU and the international community for the organisation of the local and municipal elections, initially scheduled to be held in 2007, as the last stage of the Congolese electoral process;

20. Takes note of the decision to review the mining and forestry exploitation contracts signed during the period of war and the transition phase with a view to their renegotiation, and calls on the Government of the DRC to put in place transparent mechanisms for the management of the country's natural resources to enable the Parliament, as well as civil society, to put forward proposals in the interest of the Congolese population;

21. Considers that access to, and the democratic control and equitable redistribution of, the country's natural wealth in favour of the population as a whole are indispensable for the sustainable development of the country;

22. Calls on the European Commission and the Council of the EU to strengthen its present cooperation links with the Government of the DRC in the area of supervision of the exploitation of the country's natural resources;

23. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council, the European Commission, the Governments of the DRC and the Great Lakes countries, the Secretary-General of the UN and the Commission of the AU.

[1] Adopted by the ACP-EU Joint Parliamentary Assembly on 22 November 2007 in Kigali (Rwanda).

[2] OJ C 226E, 15.9.2005, p. 359.

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Annex V

Kigali Declaration

for development-friendly Economic Partnership Agreements (EPAs)

The ACP-EU Joint Parliamentary Assembly, meeting in Kigali (Rwanda) from 19 to 22 November 2007:

I. Preamble

A. whereas the Cotonou Agreement sets out the Parties' agreement to conclude new WTO-compatible trading arrangements, progressively removing barriers to trade between them, enhancing cooperation in all areas relevant to trade and development, building on the acquis and improving market access,

B. whereas establishing regional markets represents a key instrument for successfully implementing EPAs, and whereas regional integration represents an important basis for the social and economic development of ACP States,

C. recalling that the objective of ACP-EU economic and trade cooperation is to promote development and to foster the gradual integration of ACP States into the world economy,

D. recalling that, according to the Cape Town Declaration, the main objective of the EPA negotiations is to strengthen the economies of ACP States,

E. underlining that the Cape Town Declaration called for negotiations to be structured in an open and transparent way, taking into account the differences in resources and level of development between the two negotiating sides,

F. recognising the fact that, thus far, for various reasons, none of the ACP negotiating teams has been able to complete negotiations on a comprehensive EPA,

II. The negotiation process

1. Takes note that ACP States declare that they have been put under pressure by the European Commission to sign an EPA and that this is against the spirit of the ACP-EU partnership;

2. Urges the European Commission to acknowledge that more time is needed for ACP States to assess, in a comprehensive way, the implications of the agreements proposed, given that negotiations have only taken place in earnest for the past two years;

3. Notes with concern that the European Commission has stated that, if agreements are not in place, tariffs will be imposed on many exports from non-LDC ACP States, starting on 1 January 2008, and that this would threaten the welfare and livelihoods of millions of workers in ACP States;

4. Notes the recent decision by the European Commission to adopt a two-step approach with a view to avoiding trade disruption for some ACP States and to continue negotiations beyond 31 December 2007 on comprehensive, development-friendly EPAs;

5. Underlines the importance of regional markets and stresses that any "two-step" approach, or any other initiative that might undermine ongoing ACP regional integration processes, must be avoided;

6. Stresses that the European Commission must honour commitments made in the Cotonou Agreement to ensure that the ACP States — including non-LDCs — not in a position to sign an EPA be provided with a new framework for trade which is equivalent to their existing situations and in conformity with Article 37(6) of the Cotonou Agreement;

7. Calls on the parties to include a periodic review clause in all EPAs, in order to assess their implementation and to allow for any necessary adjustments;

III. Principles

Overall approach

8. Believes that all agreements reached, whether interim arrangements or full EPAs, must ensure that no country is left worse off after the expiry of the negotiation deadline;

9. Calls for the threshold laid down in interim agreements for the accession of LDCs to be adequately lowered to match their stage of development;

10. Stresses that the process of regional integration for EPA regions must be an underlying principle of EPAs, and that these agreements must be consistent with, and contribute to, the strengthening of ACP regional integration initiatives;

Enhancing market access

11. Appreciates that, for LDCs not yet party to the interim arrangements, the "Everything But Arms" (EBA) initiative alone is not sufficient, and should be coupled with improved and simplified rules of origin;

12. Underlines that the simplification of rules of origin is a prerequisite and that all necessary flexibility in the implementation of the new agreements should be introduced;

13. Stresses that the European Commission should include appropriate asymmetries in the agreements, in particular concerning: the definition of "substantially all the trade"; coverage of sensitive products; length of transition periods and pace of liberalisation based on development benchmarks; safeguards; and dispute settlement;

14. Notes that the conclusion of a new generation of free trade agreements by the European Commission could lead to the further erosion of trade preferences that ACP States currently enjoy, and that the EU should therefore take this into account and provide adequate support for adjustment, enhanced competitiveness and diversification in ACP States;

15. Calls for adequate financial and technical assistance to ACP States to enable them to meet EU import regulations and standards and thus fully benefit from improved market access;

Addressing supply-side constraints

16. Expresses concern about many of the provisions tabled by the European Commission in the areas of services, competition, intellectual property, and government procurement, as some ACP regions do not want to address these issues, and urges the European Commission to be flexible on this matter;

17. Regrets that the delays in the ratification of the revised Cotonou Agreement could impede the implementation of the 10th European Development Fund (EDF), which is likely to result in a shortfall in annual aid allocations to ACP-EU cooperation, and therefore encourages all parties to complete the ratification process as soon as possible;

18. Stresses that a "goods-only" agreement must include specific provisions for EPA-related aid-for-trade support, in addition to the EDF, to build supply-side capacity and address the social impact of trade liberalisation in ACP States;

19. Stresses, further, that delivery of EDF resources must not be linked to, or made conditional on, signing EPAs;

Government revenue diversification

20. Calls for more attention to be paid to revenue diversification challenges facing ACP States, particularly given that import duties on virtually all trade with the EU would be abolished;

21. Welcomes the proposal for the establishment of EPA Regional Funds, which would include a "fiscal adjustment facility", made up of contributions by the European Commission and EU Member States, in order to provide financial assistance for revenue diversification initiatives in ACP States and to support fair trade initiatives;

Addressing external trade effects of the reform of the common agricultural policy

22. Calls on the EU to ensure that any reform of the common agricultural policy (CAP) is fully coherent with the objectives of its development policy and cooperation with ACP States;

23. Believes that important lessons from earlier agricultural reforms (including banana and rum sector adjustments, as well as the EU CAP reform) must be applied in the design and implementation of sugar sector accompanying measures;

The gender dimension

24. Regrets that, thus far, no specific positive measures have been developed to safeguard and promote the rights of women and girls in accordance with Article 31 of the Cotonou Agreement, and that there has been no gender mainstreaming in the EPA negotiation process; calls, therefore, on the European Commission to carry out a systematic analysis, during the negotiations and following their conclusion, of the social impact of EPAs on the most vulnerable groups;

Conclusion

25. Agrees to organise JPA oversight to publicly monitor and review the trade and development impact of EPA implementation, to improve policy coherence for development and to design mechanisms to ensure accountability and regular reporting of the EPAs' contribution to equitable and sustainable development;

26. Concludes that the Joint Parliamentary Assembly will continue to work to ensure that any new framework for trade will leave no single country worse off, and, further, that new trading arrangements will foster prosperity and sustainable development in all ACP States.

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