# EUR-Lex - 22008P0301(02) - EN

Important legal notice

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# 22008P0301(02)

**Resolution on the impact of foreign direct investment (FDI) in the African, Caribbean and Pacific States **

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Official Journal 058 , 01/03/2008 P. 0026 - 0028 *

Resolution [1]

on elections and electoral processes in ACP and EU countries

The ACP-EU Joint Parliamentary Assembly,

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

- having regard to Article 17(1) of its Rules of Procedure,

- having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the "Cotonou Agreement") [2], and amended in Luxembourg on 25 June 2005 [3], and in particular Articles 8, 17(2), 20, 31, 33, 96 and 97 thereof,

- emphasising that a "political environment guaranteeing peace, security and stability, respect for human rights, democratic principles and the rule of law, and good governance is part and parcel of long-term development" (Cotonou Agreement, Preamble),

- emphasising that, according to Article 9 of the ACP-EU Partnership Agreement, "respect for all human rights and fundamental freedoms, including respect for fundamental civil rights, democracy based on the rule of law and transparent and accountable governance are an integral part of sustainable development",

- emphasising that, according to Article 11 of the ACP-EU Partnership Agreement, parties must "pursue an active, comprehensive and integrated policy of peace-building, conflict prevention and resolution", based on the principle of ownership, and this must in particular focus on building regional capacities,

- having regard to its resolution on the ACP-EU political dialogue (Article 8 of the Cotonou Agreement), adopted at its 8th session in The Hague on 25 November 2004,

- having regard to its resolution on post-conflict rehabilitation in ACP States, adopted at its 9th session in Bamako on 21 April 2005,

- having regard to its resolution on the role of national parliaments in implementing the Cotonou Partnership Agreement, adopted at its 10th session in Edinburgh on 24 November 2005,

- having regard to its resolution on the role of regional integration in the promotion of peace and security, adopted at its 11th session in Vienna on 22 June 2006,

- having regard to the resolution on ACP-EU cooperation and involvement in electoral processes in ACP States and the role of the Joint Assembly (ACP-EU 2748/99/fin),

- having regard to the communication from the Commission to the Council and the European Parliament entitled "EU election assistance and observation" (COM(2000) 0191),

- having regard to the European Parliament resolution of 25 April 2002 on the communication from the Commission to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries [4],

- having regard to the European Parliament resolution of 15 March 2001 on the Commission communication on EU Election Assistance and Observation [5],

- having regard to the European Parliament resolutions of 31 March 2004 on governance in the European Union's development policy [6] and of 6 April 2006 on aid effectiveness and corruption in developing countries [7],

- having regard to the Declaration of Principles for International Election Observation and Code of Conduct for International Observers of 24 October 2005, endorsed by the European Parliament on 16 May 2007,

- having regard to the UN Charter, the Constitutive Act of the African Union, the Universal Declaration of Human Rights and all relevant international and regional legal instruments,

- having regard to the New Partnership for African Development (NEPAD), which has established a mechanism for reviewing the performances of African governments in all sectors through the Africa Peer Review Mechanism (APRM),

- having regard to the UN and other international legal instruments calling for deliberate, immediate and sustainable affirmative action mechanisms for redressing imbalances created by history, tradition or customs which exclude women from participating in the public sphere,

- having regard to Article 21(3) of the Universal Declaration of Human Rights and to the OSCE Commitments agreed upon in Copenhagen in 1990,

- having regard to the Charter of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000,

- having regard to the proposal for a Council regulation establishing a European Union Agency for Fundamental Rights,

- having regard to all the agreements between the European Union and third countries,

- having regard to the report by the Committee on Political Affairs (ACP-EU 100.123/07/fin.),

A. whereas developing and consolidating democracy and the rule of law, and respect for human rights and fundamental freedoms, constitute a global objective of the common foreign and security policy (CFSP) and are an integral part of the European Union's external policy,

B. whereas efforts to promote respect for human rights and democracy as fundamental objectives of EU external relations policies will fail if the inherent principles are not given sufficient priority with regard to security-related, economic and political interests,

C. whereas reducing poverty, the main objective of the Union's development policy, requires the existence of genuine participatory democracy and responsible, corruption-free governments,

D. whereas the Joint Parliamentary Assembly, representing as it does the people of ACP and EU States, is a key component of ACP-EU relations and can make an essential contribution to deepening the political dimension of future ACP-EU cooperation,

E. whereas the Cotonou Agreement gives a mandate to the ACP-EU Joint Parliamentary Assembly to promote democratic processes through dialogue and consultation,

F. whereas the ACP-EU Joint Parliamentary Assembly is a unique forum for dialogue between ACP and EU parliamentarians, particularly on human rights and democracy issues,

G. whereas democracy at the political level implies far more than the mere act of periodically casting a vote, and covers the entire process of participation by citizens in the decision-making process,

H. whereas the right for citizens to take part in the conduct of public affairs may be achieved through a wide range of democratic political mechanisms,

I. mindful of the need to strengthen the capabilities of the parliaments of developing countries to enable them to exercise effectively their powers of executive scrutiny and budgetary authority,

J. recognising that the participation of non-state actors and civil society is vital in the functioning of democracy, and recognising the role that churches and religious communities or organisations, traditional community leaders and civil society, in the form of national NGOs and fora, could play in promoting peace or providing mediation by creating opportunities to debate and settle differences,

K. considering that freedom of the media is one of the essential elements of democratic elections, as citizens have the right to be informed about different political views, meaning that all democratic political forces and election candidates must have free access to the media,

L. whereas the Universal Declaration of Human Rights states that the right to elect freely chosen representatives in secret, periodically held, and genuine elections, on the basis of universal and equal suffrage, is one which all citizens should enjoy and is an essential element of democracy and the rule of law, to which the European Union and ACP States are committed under their various legal obligations,

M. whereas the European Union should play a key role in supporting ACP States, in upholding human rights and democracy, encouraging the promotion of these rights through its external action and responding swiftly and effectively in the event of serious and persistent human rights violations,

N. whereas equality between men and women and women's participation in the decision-making process, at both legislative and executive level, are essential elements of good governance,

O. whereas the universality, individuality and indivisibility of human rights, meaning not only civil and political rights, but also economic, social and cultural rights, must be guaranteed and promoted,

P. whereas political pluralism, freedom of expression, equal access to the media during the campaign, secret ballots and respect for the basic rights of candidates are essential elements of democratic, free and fair elections,

Q. recognising that the election process is crucial in determining the extent to which the key tenets of political pluralism are respected, which means that states must organise elections in accordance with internationally and regionally recognised standards,

R. whereas election observation and election assistance are key elements of the EU's global strategy on respect for human rights, the strengthening of democracy and the rule of law and the promotion of development in its relations with developing countries,

S. whereas the promotion of democracy through the electoral process has to be based on prior observation of the political environment of the country in question and scrutiny of elections must be part of a continuous process of observations and support to democratisation,

T. whereas the scrutiny of elections, particularly by democratically elected members of parliament, is vital for strengthening the legitimacy of the electoral process, increasing public confidence in the elections, avoiding electoral fraud, better protecting human rights and contributing to conflict resolution,

U. whereas evenly constituted ACP-EU election observation delegations and missions can make an important contribution to easing critical situations in the countries in question,

V. whereas the European Parliament ought to assume a prominent role in the EU's scrutiny of elections, given its democratic legitimacy and specific expertise, and whereas its doing so raises the political profile of such missions,

W. deeply concerned by the fact that many unstable ACP States in transit from conflict to democracy with limited institutional capacity to conduct free, fair and safe elections can easily slide back into conflict, if not supported by election peacekeepers to safeguard elections and electoral processes,

X. further concerned by the fact that the presence of armed security forces outside polling stations, the proliferation of small arms and light weapons and militarisation of citizens in a number of ACP States increase the risk of intimidation, harassment and outbreaks of violence during elections, thereby making it difficult for many people to cast their votes,

Y. whereas the participation of women, as actors in the democratic process, in decision-making in the context of ACP-EU cooperation is unsatisfactory, which calls for special measures to redress this imbalance,

Z. aware that ACP and EU States like Rwanda, Sweden, South Africa, Uganda and others that have attained 30 % representation of women in national parliaments have done so through institutionalising different forms of affirmative action in favour of women,

AA. convinced that there is a dire need to institutionalise civic education, training and public awareness for candidates, voters and election personnel,

AB. whereas there is a need for national governments to establish public funding for political parties so as to avoid their dependence on external influence, and to prevent those parties from becoming dependent on external sources which can exert influence in favour of their specific interest in such countries and encourage corruption,

AC. recognising that building and supporting institutional frameworks to promote democracy, good governance, peace and security, accountability and human rights are key to enhancing free and fair elections and electoral processes,

AD. noting that in a number of ACP States opposition parties are prevented in different ways from operating freely in recruiting members and in exercising their rights of freedom of assembly, association and expression,

Democratic principles and practice

1. Calls on all states to recognise the importance of free elections conducted by secret ballot and on the basis of universal suffrage as one of the tenets for guaranteeing democracy and to understand that free and fair elections and legitimate national institutions are a prerequisite for democracy;

2. Affirms that there are universal democratic principles and standards contained in international and regional legal instruments which must be a guiding principle for states to conform to while establishing democratic institutions and frameworks;

3. Urges incumbent governments to ensure fair competition between political parties and groups so that elections may meet international standards; stresses the need to avoid any late modification of the electoral system such as changing the process or cutting voters from the list;

4. Calls on states to employ a political system — whether plurality/majority, proportional representation or mixed — that reflects their historical and cultural environment and which addresses the fundamental principles of participation by all citizens in democratic governance;

5. Calls on states to employ an electoral management structure based on an independent model that recognises historical and cultural development of the state in question and can ensure free and fair elections; stresses that electoral management bodies must be free of government bias and employ independent and neutral officials;

6. Stresses that, on the one hand, measures to prevent the fraudulent exercise of the right to vote and electoral fraud, and, on the other, the organisation, on the basis of a reasonable level of administrative work, of the simplest, clearest and most straightforward possible procedure guaranteeing the inclusion of every person eligible to vote on the electoral roll are central to any election preparation process;

7. Stresses that, on the one hand, measures to ensure that people do not face obstacles or repression when casting their votes, and, on the other, the requirement to ensure that the count is not manipulated in any way and that the process of determining the result is transparent and publicly accessible at all stages are central to the electoral process;

8. Stresses that measures taken by public authorities or by third parties in a deliberate attempt to influence the preparation, conduct or aftermath of an election or to falsify its results must give rise to appropriate criminal law penalties;

9. Urges all states to further strengthen the role of women in the political arena, as voters and as candidates, through voluntary or constitutional gender quotas and incentives for women to become candidates;

10. Urges governments to establish a legal regime that allows for an independent, free and balanced media by ensuring that the state does not have a monopolistic or dominant position and by encouraging a wide-ranging private media that is not dominated by one group or individual;

11. Calls on the political authorities to provide objective information about elections, e.g. on the registration procedure, electoral systems, the opening times of the polling stations and the competing parties or candidates, through the mass media, in particular on television and above all on the radio, because even people who are illiterate, and inhabitants of remote areas, can be reached by radio; considers that it is also important for this information to be broadcast in local and regional languages;

12. Calls on all governments to recognise international standards of human rights, in particular those related to freedom of expression and assembly and to promoting the rights of the opposition to participate meaningfully in election processes;

13. Urges all states to provide for equal treatment and political equality of citizens (specifically those groups which are traditionally marginalised or a minority) and to provide fully comprehensive and universal election-related training;

14. Urges all states to establish legal mechanisms to protect the effective participation of the opposition allowing them freedom to mobilise and promote their alternative policies in order to foster political competition;

Democracy and good governance

15. Urges ACP and EU States to put in place national policies based on respect of values, principles and standards of democracy and human rights and aimed at building the rule of law, ensuring the transparency of electoral processes, strengthening the efficiency of legal and security services and combating discriminatory policies of exclusion and violence during elections;

16. Calls on ACP and EU States to mainstream gender into national policies through introducing legislative provisions to entrench affirmative action (quotas) in favour of women and to ensure that such affirmative action mechanisms are capable of ensuring a minimum of 30 % representation of women in decision-making positions;

17. Calls on states to ensure that laws on political parties address the essence of equal inclusion of women in party election lists and also promote internal democracy within such parties by laying down clear requirements, and to ensure that women with limited material resources receive special support for their electoral campaigns so that they can compete on equal terms with their generally better-off male opponents;

18. Encourages states to establish a constitutionally independent electoral body which is not subject to direction and control by any authority, to be responsible for: organising, conducting and supervising elections; demarcation of constituencies; compiling, maintaining, revising and updating the electoral register; hearing and determining election complaints arising before and during polling and formulating and conducting voter education programmes relating to elections, among other functions;

19. Calls on ACP States to impose stiff penalties for the misuse of campaign funds, the unfair use of electoral pledges and gifts with the aim of substantially influencing an election, the buying of votes, threatening violence against people intending to vote for an opposing candidate and electoral fraud;

20. Calls on ACP States to establish a national framework for funding all political parties based on proportional party representation in the national assembly as is practised in South Africa, Namibia and the Seychelles, and encourages ACP States to ban external funding of political parties;

Importance of the Electoral Cycle

21. Stresses that an election cannot be successful without sufficient care for all three stages of the electoral process — the pre-election period, the election period and the post-election period — as each is crucial in its own way and must be recognised as such;

22. Urges all states to engage in full preparation for elections through an electoral management body that enhances freedom of expression as well as freedom for parties to mobilise and recruit members;

23. Calls for the registration of voters in a manner that is transparent, engages all citizens and provides for large-scale voter education; and calls for the voting list to be ready in due time so that all citizens are aware of their registration and that there is sufficient time to contest before citizens place their vote;

24. Calls on electoral management bodies to do all in their power to ensure a fair and safe election day, through full accessibility to polling stations and transparent counting and tabulation of results;

25. Urges candidates and parties to do all in their power to prevent election violence and intimidation;

26. Stresses the need for election observers to follow the Code of Conduct for International Election Observation (signed at the UN in October 2005) and for their recommendations to be strongly considered by states which invite observation;

27. Calls on all states to introduce rules to make the electoral process as transparent as possible, and to promote and support the participation of neutral domestic observers from civil society organisations who are authorised by means of an accreditation procedure, have access to all polling stations, are present throughout voting, from the opening of the polling stations until the end of the counts, and give an assessment of the procedure, in which connection they must give an undertaking of strict political neutrality;

28. Calls on the ACP States also to allow accredited party representatives free access to polling stations, from when they open until they close and during the count, such representatives being required to act with the utmost impartiality and not to campaign on behalf of their parties; endorses the view that critical observation by competing political forces substantially reduces the risk of abuse and fraud;

29. Stresses the need to appoint election observers from the JPA on the basis of equal ACP and EU representation and to send them to all ACP States in which the European Union is supporting the democratic process, and emphasises the importance of sending these election observation delegations on a decentralised basis to various cities and regions in order to obtain as detailed a picture as possible of what is happening;

30. Considers it imperative for election observers to be given a briefing on the country in question and on its political and social situation and to travel in good time so as to be able to learn about the country on the spot and to get to know the area for which they are responsible, and only to leave it when the outcome of the election is foreseeable; only then is it possible to give a reliable assessment;

31. Urges that all national electoral law allow for redress and complaints over elections to be addressed by effective mechanisms through an independent judiciary and to recognise the importance of the post-election period;

32. Calls for post-electoral support to be provided to a government resulting from legitimate elections that meet international and regional standards and for a strong line to be taken against governments which are not the result of free and fair elections;

33. Calls on the international community of donors and in particular the European Commission to organise post-electoral support to strengthen the newly elected democratic institutions, civil society organisations, and non-state actors (NSAs) in particular to monitor the implementation of democracy in the country;

Peace and security

34. Calls on ACP and EU States to ensure that disarmament, demobilisation and reintegration of ex-combatants and militias is a top priority in all post-conflict reconstruction programmes to ensure that the period leading to democratic reforms for the holding of an election is safe and free from violence;

35. Calls on states, and ACP and EU States in particular, to support and strengthen the implementation and monitoring of the Nairobi Protocol on Small Arms and Light Weapons in order to ensure that they do not turn into weapons used to intimidate opponents and voters during the election period;

36. Urges ACP and EU States to establish mechanisms to ensure that states emerging from conflict, like the Democratic Republic of Congo, Rwanda, Sierra Leone, Liberia etc., are supported through the deployment of peacekeeping personnel during the run-up to elections and after, to consolidate peace and security while democratic reforms are being effected in such countries;

ACP-EU partnership

37. Calls on the EU to create a focal point from which to coordinate support for democratisation and election assistance/observation; urges the EU to speak with one voice regarding democratic and election-related issues;

38. Recommends that all three EU institutions have jointly-defined and complementary roles, in the field of democracy and election assistance/observation, that may maximise the efficiency and capacity of the EU;

39. Recognises the importance of democracy in the prevention of violent conflict and the success of long-term economic development;

40. Recognises the work done by the European Commission in the election observation process, underlines the important role played by MEPs in the EU's election observation delegations and expresses its will to continue the good cooperation already established;

41. Stresses the importance of a clear coherence in EC policy regarding the electoral process with continuity and harmonisation of election observation and assistance to ensure respect for the electoral cycle;

42. Calls on EU and ACP States to work together and increase cooperation in the field of democratic development and electoral processes; recommends more ACP-EU joint missions, especially in the field of democratisation;

43. Urges EU and ACP States to support collaboration with other international organisations, NSAs, non-governmental organisations, civil society, local authorities, and grassroots movements in order to improve or solidify support for democratic governance;

44. Calls on states to engage in capacity building and training for electoral and parliamentary administrators as well as to support and strengthen political parties;

45. Calls for equal access to vote and civil/political rights of disadvantaged and marginalised groups, such as disabled people, ethnic and other minorities and displaced people, to be respected and guaranteed;

Role of Civil Society

46. Recommends high-level training initiatives, directed at civil society, national parliaments, the Pan-African Parliament (PAP) and electoral administration staff, which must be carried out well in advance, on a permanent basis and not just before the election period;

47. Urges states to support a sustainable approach to enhance the domestic capacity to administer electoral processes and consolidate democratisation;

48. Urges states to observe electoral processes whenever the conditions exist for holding democratic elections and the countries concerned ask for such an observation as a means of ensuring their free and fair character and to promote electoral assistance initiatives through better planning and implementation of activities;

49. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council of Ministers, the Commission of the African Union, the Pan-African Parliament and national and regional parliaments, the European Commission, the Council Presidency and the African Union.

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

[2] OJ L 317, 15.12.2000, p. 3.

[3] OJ L 287, 28.10.2005, p. 4.

[4] OJ C 131E, 5.6.2003, p. 147.

[5] OJ C 343, 5.12.2001, p. 270.

[6] OJ C 103E, 29.4.2004, p. 550.

[7] OJ C 293E, 2.12.2006, p. 316.

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