COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 19.09.1997 
COM(97) 441 final 
Proposal for a 
COUNCIL DECISION 
ON A TACIS CIVIL SOCIETY 
DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. The political climate in Belarus has seriously deteriorated since November 1996 implying a 
substantial change in bilateral relations with the EU. Before that date, already a halt in 
economic reform had been observed, leading to the necessary redirection of EC assistance in 
the field of privatisation and enterprise restructuring in particular. On 24 November 1996, a 
popular referendum was called by President Lukashenko which proposed, amongst other 
things, to amend the 1994 Constitution which was in force, with a view to strengthening 
presidential powers. The Belarus Constitutional Court indicated that the results of the 
referendum on constitutional reform would have consultative value only. The President 
revoked by Decree the Constitutional Court finding and considered the results of the 
referendum as binding. Consequently, as the outcome of the referendum on constitutional 
reform was positive, the President adopted his Constitution draft proposed by referendum. 
The amendment of the Constitution brought to the concentration of powers (executive, 
legislative, judicial) in the hands of the President, as well as the dissolution of the 13th 
Parliament in place, which had been democratically elected, and the nomination by the 
President of a new National Assembly. The internal situation of Belarus further deteriorated, 
bringing undue arrests and mistreatment of members of the opposition, independent media, 
representatives of foreign countries and institutions, who had expressed their opinion against 
the regression in the démocratisation process. Charity institutions, foundations and NGOs in 
particular were also submitted to repressive actions and increasing limitations of freedom of 
activity. 
2. The EU reacted immediately to these developments. On the one hand, the Commission 
suspended normal Tacis programming with Belams, until further notice. Consequently, no 
Indicative Programme 1996-1999 nor Action Programme could be negotiated with the 
Belarusian authorities. Only ongoing Tacis projects of past Action Programmes and regional 
or multi-country Programmes (e.g., Cross-border Cooperation, Interstate, LIEN, City 
Twinning, Democracy) were allowed to continue despite difficult circumstances. 
3. On the otlier hand, following the decision of the General Affairs Council of 20 January 1997, 
the Presidency sent a fact-finding mission (FFM) to Minsk on 26-31 January 1997 to 
establish facts on the organisation of the referendum, its results, the changes which it had 
implied, and the overall internal situation which had developed in the country. The FFM 
found that the establishment, execution and implementation of the referendum could not stand 
the test of criticism on minimal democratic standards and general principles of the rule of 
law. The referendum was only consultative, therefore the Constitution of 1994 was still the 
supreme law of the Republic of Belarus and the Supreme Council elected in 1995, on the 
basis of this Constitution, for a period of 5 years, was the only lawful Parliament in the 
Republic of Belarus. Since a majority of the population had expressed preference for a more 
presidential system than the existing, the new Constitution to be drafted should be more 
presidential but the requirement of the trias politico should still be respected in order to 
satisfy democratic standards and general principles of the rule of law. The FFM 
recommended to offer assistance to Belarus to influence the development of democracy 
towards the separation of powers, the freedom of and fair access to the media, and support to 
equip the electorate of Belarus to take part in free elections. 
4. Following the conclusions and recommendations of the FFM, the Council issued Conclusions 
on 24/02/97 where it expressed grave concern "about the present constitutional and 
political situation in Belarus, which seriously impairs the prospects for the necessary 
democratic and economic reforms. " For this reason, the Council adopted a position whereby 
i%in the absence of convincing efforts on the part of Belarus to proceed with the necessary 
democratic and economic reform (...) the El) will not proceed with the conclusion of the 
Interim Agreement or with the Partnership and Cooperation Agreement; technical 
assistance programmes of the Community (...) will be reviewed and assessed on the 
premise that they should directly benefit the reform process" However, "the EU is 
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prepared to offer Belarus advice and enter into a comprehensive dialogue with the 
Belarusian authorities and representatives of the opposition, with the aim of assisting 
Belarus to embark on democratic and economic reform." The Council therefore left the door 
open for dialogue and assistance to Belarus in the process of démocratisation and, in 
particular, offered advice on constitutional matters, freedom of the media, and the respect for 
human rights which "will be a central element in the overall approach of the EU to its 
relations with Belarus". This position was reiterated and further formalised in the Council 
Declaration of 29/04/97, where "the EU reiterates its position that cooperation between EU 
Member States and institutions and Belarus cannot proceed in the absence of convincing 
efforts to establish such a system", i.e. "a political system which respects the 
internationally accepted norms for human rights and political freedoms", but "the EU in 
close cooperation with the OSCE and the Council of Europe is prepared to assist the 
Belarusian authorities in the process of démocratisation" 
5. Article 5 of the Tacis Regulation (Council Regulation No 1279/96 of 25 June 1996) foresees 
the establishment of an Indicative Programme 1996-1999 and of a subsequent Action 
Programme, in accordance with the procedure provided for in Article 8, as the necessary 
basis to launch any Tacis project in a beneficiary state over the period 1996-1999. In the 
case of Belarus, these steps were impossible to undertake. In principle, therefore, the 
Commission would not be in the position to deliver the specific assistance to Belarus which 
has been offered by the Council. 
6. However, Article 3(11) of the Tacis Regulation provides for the opportunity for the Council 
to take "appropriate measures" concerning assistance to a partner State when "an essential 
element for the continuation of cooperation through assistance is missing, in particular in 
cases of violation of democratic principles and human rights." 
7. The present situation in Belarus falls within the scope of Article 3(11), for the cases of 
violation of democratic principles and human rights in particular. The position of the 
Council is to support assistance in the process of démocratisation of Belarus, i.e. for the 
Community to act in Belarus to try and bring the country back on the right track, in 
particular for constitutional reform, the respect of human rights and the freedom of the 
media. 
8. In certain cases, the appropriate measures of Article 3(11) may also mean positive incentive 
measures. The word of the Council in its Conclusions of 24/02/97 and Declaration of 
29/04/97 indicates precisely this possibility. The Commission therefore proposes, on the 
basis of Article 3(11) of the Tacis Regulation and the expressed Council position towards 
Belarus, to take positive incentive measures in the case of Belarus to avoid isolating further 
the country. 
9. In accordance with the scope of Article 3(11), the appropriate measures will not be 
negotiated with the country. Therefore they shall be offered as a package to the Belarusian 
authorities. 
10. In compliance with both Article 3(11) and the Council's position towards Belarus, the 
Commission proposes, as the appropriate measure for Belarus, to set up a Tacis programme 
for 1997 of 5 Mecu, the Civil Society Development Programme for Belarus, with the 
ultimate aim to help restore the démocratisation process and regenerate the civil society in 
Belarus. Both the activities and the target groups to be included in the programme would be 
in the scope of Article 3(11) and in accordance with the Council Conclusions of 24/02/97 
and Declaration of 29/4/97. 
11. The proposed programme would concentrate exclusively on one of the priority sectors of 
Tacis, indicated in Annex II of the Tacis Regulation, i.e. the "human resources development" 
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sector which includes, inter alia, "strengthening of the civil society", "legal assistance" and 
"education, training". 
12. One of the topical areas identified by the Council and which shall be treated by the 
programme is constitutional reform. There are general principles which any Constitution 
should include in order to satisfy democratic standards and general principles of the rule of 
law, such as the requirement of the separation of powers. If the people of Belarus have 
expressed a preference for a more presidential Constitution at the referendum in November, 
the new Constitution to be adopted should respect both this wish and the general principles 
mentioned. Projects in this legal area would aim at working with targeted Belarusian 
authorities, like the Ministry of Justice, with the Courts, other legal professions, the Law 
students of Universities and other relevant institutions of Belarus. This activity would 
ultimately aim at the broadest and deepest possible understanding of decision-makers, 
political and legal, and the young people of the principles to be embedded in a Constitution of 
a State which is subject to the rule of law. 
13. Media freedom, freedom of expression, free access to the media are another pillar and 
guarantor of democracy. During the period of the referendum in November but also on other 
important circumstances, the lack of these freedoms and the subsequent restrictions to those 
were observed with concern in Belarus. It is therefore important for the Community to act in 
this area through the programme proposed. Assistance would concentrate on the regulatory 
framework ensuring the free operation of the media, in line with democratic practice, on the 
duties and rights of journalists in a situation of independence, as well as on techniques of 
modern journalism. Target groups would essentially be all the media, but also decision­
makers, political and legal. Actions foreseen may include training on ethics of an independent 
profession, on the rights and duties of media in a situation of freedom, legal courses and 
training on relevant EC laws, provision of equipment, organisation of workshops, seminars, 
conferences on relevant topics of modem journalism. 
14. A third area of action that the proposed programme needs to address is the support to the 
civil society as such, which naturally includes the respect for human rights and addresses 
also the protection of weaker strata of the population (minority groups, etc.). The main target 
group of this action would be the NGOs. The purpose of the action would be not only to 
monitor and support the existing network of NGOs, which has been hit hard by the 
deterioration of the internal situation in Belarus, the recent measures of the Government 
reducing the financial capacity and freedom of action of the NGOs, but also to empower it 
and better identify it with the help of the EU NGO networks and experience. In order to 
achieve this effectively, however, a clear legal framework needs to be developed in Belarus 
for NGOs. Assistance on this legal but essential aspect of the issue would be considered as 
well. 
15. The fourth and final area of action which is foreseen under the programme proposed would 
cover institutional twinning. The aim would be to support east-west cooperation of 
institutions, universities and local authorities on education, civic rights, and self-governance, 
which are also at the basis of the démocratisation process and should be continuously 
supported. This area, compared to the previous three, has the advantage of being based more 
on proposals rather than on imposition, and is therefore a necessary positive complement 
which renders the programme proposed more balanced. 
16. The Tacis Coordinating Unit of Belarus which is the main interlocutor of the Commission in 
the programming of Tacis may be consulted in the preparation of the programme. However, 
given point 9 above, the demand-driven nature of the Tacis programme will not apply in this 
case. 
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17. Once the Council adopts the Decision, the Commission will prepare the 5 Mecu programme 
in detail and present it to the Tacis Committee. Thereby, the programme shall re-enter into 
the normal Tacis programming procedures, as stated in Article 8. 
18. The implementation of the projects of the programme would follow normal Tacis rules and 
procedures. 
19. The Council is requested to adopt the annexed proposal for a Council Decision on a Tacis 
Civil Society Development Programme for Belarus for 1997. 
s~ 
PROPOSAL FOR A COUNCIL DECISION ON A TACIS CIVIL SOCIETY 
DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European Community and the Treaty 
establishing the European Community of Atomic Energy (Euratom), 
Having regard to Council Regulation No 1279/96 of 25 June 1996 concerning the provision 
of assistance to economic refomi and recovery in the New Independent States and Mongolia, 
and in particular to Article 3(11) thereof; 
Having regard to the Commission proposal, 
Whereas the internal situation of Belarus has deteriorated, in particular since November 
1996, leading to a step backwards in the process of démocratisation and the restriction of 
basic liberties and violations of human rights, 
Whereas, for this reason, no Tacis Indicative Programme 1996-1999 nor, consequently, 
Action Programme could be negotiated with Belarusian authorities, 
Whereas the Council has adopted a position towards Belarus which is stated in the 
Conclusions of 24/02/97 and the Declaration of 29/04/97, suspending cooperation with the 
Belarusian authorities in the absence of convincing efforts to proceed with the necessary 
democratic reforms, but offering assistance to Belarus in the process of démocratisation, in 
particular in three specific and topical areas: constitutional refomi, human rights protection 
and freedom of the media. 
Whereas the Commission has provided support for the process of démocratisation through 
Budget line B7-7010, but that effort should be deepened and complemented by other 
measures, 
Whereas Article 3(11) of the Tacis Regulation allows the Council to take appropriate 
measures concerning assistance to a partner State when an essential element for the 
continuation of cooperation through assistance is missing, in particular in cases of violation 
of democratic principles and human rights, 
HEREBY DECIDES AS FOLLOWS: 
• Article 1: "The Civil Society Development Programme for Belarus for 1997 is 
hereby approved for a maximum amount of 5 Mecu." 
• Article 2: "The Programme will be implemented by the Commission, acting in 
accordance with the procedure laid down in Article 8 of Regulation 
1279/96." 
• Article 3: "This Decision shall be published in the Official Journal of the 
European Communities." 
Done at Brussels, 
Q 
FINANCIAL FICHE 
TACIS CIVIL SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS 
FOR 1997 
1. Budget Line: B7.520 - Assistance to economic reform and recovery in the New 
Independent States and Mongolia 
Amount of the programme from the 1997 budget: 5 Mecu 
2. Legal basis: Article 3(11) of Council Regulation No 1279/96 of 25 June 1996 
3. Description of the Action 
• the general objective of the programme is the targeted support to Belarus to restart the 
démocratisation process, notably through assistance on constitutional reform and the 
freedom of the media, the development of the civil society and education. 
• the funds shall be spent essentially to finance actions which will be necessary for 
identifying, preparing and implementing projects of technical assistance essentially in the 
areas mentioned (e.g. provision of legal expertise, technical and ethical training schemes, 
support for courses, workshops, conferences), but also of equipment. 
• the proposed programme falls under the 1997 budget. 
4. Classification of expense 
DNO. Non obligatory expense. CD. Dissociated credits. 
5. Type of expense 
100% grant. 
6. Adopted type of calculation 
The amount indicated has been forecasted on the basis of past experience on similar 
projects during past exercises. 
7. Schedule of payments 
Commitment: during the ongoing budgetary exercise and on the funds of B7.520: 5 Mecu 
Payments: present forecasts for disbursment are: 
1997: 0 Mecu 
1998: 5 Mecu 
Q-
Programme title: TACIS CIVIL SOCIETY DEVELOPMENT 
PROGRAMME FOR BELARUS FOR 1997 
Programme cost: 5 Mecu 
Programme beneficiaries: Relevant Belarusian authorities (e.g., Ministry of Justice, 
Courts), university students (e.g., Law), journalists, NGOs, local 
authorities (e.g., municipalities). 
Institutional appraisal: Recent political developments in Belarus impeded the normal 
programming process of Tacis. The results of the popular referendum held in November 1996, 
considered by the EU as illegitimate, led to the adoption of a new Constitution, concentrating all 
powers in the hands of the President, and the dissolution of the 13th democratically elected 
parliament followed by the nomination of a new parliament directly by the President. Since then, a 
number of restrictions of freedoms and violations of human rights were observed in Belarus. As a 
consequence, the Commission could not negotiate with the Belarusian authorities a Tacis 
Indicative Programme 1996-99 and hence an Action Programme. The Council, in its Conclusions 
of 24/02/97 and Declaration of 29/04/97, suspended the implementation of the Interim Agreement, 
the conclusion of the PCA, and the support for Belaais membership in the Council of Europe. 
However, the Council left the door open for a constructive dialogue and offered assistance to 
Belarus in the necessary démocratisation process, notably on constitutional refomi, human rights 
protection and freedom of the media. The Commission had no possibility to honour this offer given 
the lack of new Tacis funds for Belarus. 
Justification and Objectives: Article 3(11) of Tacis Regulation (Council Regulation No 
1279/96 of 25 June 1996) provides for the Council to take "appropriate measures" concerning 
assistance to a partner State when "an essential element for the continuation of cooperation 
through assistance is missing, in particular in cases of violation of democratic principles and 
human rights." In accordance with Article 3(11) and the Council position towards Belarus which 
foresees the provision of targeted assistance to this country for the sake of the démocratisation 
process, the Commission proposes, as the appropriate measure for Belarus, to set up a Tacis 
programme for 1997 of 5 Mecu, the Civil Society Development Programme for Belarus, with the 
ultimate aim to help restore the démocratisation process and regenerate the civil society in Belarus. 
Programme components: 
(1) Constitutional reform: approx. 1 Mecu, mainly for legal training, provision of relevant 
comparative laws in EU, courses, workshops. 
(2) Freedom of the media: approx. 1.5 Mecu, mainly for training on ethics of an independent 
profession, on the rights and duties of media in a situation of freedom, legal courses and 
training on relevant EC laws, provision of equipment, organisation of workshops, 
seminars, conferences on relevant topics of modem journalism. 
(3) Civil society support: approx. 1.5 Mecu, mainly for further support of the NGOs by 
commitment through the channel of the Tacis Democracy Programme both for macro-
project and micro-project proposals. 
(4) Institutional twinning: approx. 1 Mecu, mainly for institutional east-west cooperation like 
city twinning, further and higher education. 
Implementation and timetable, 2 years 
<r 
ISSN 0254-1475 
COM(97) 441 final 
DOCUMENTS 
EN 01 11 15 10 
Catalogue number : CB-CO-97-463-EN-C 
ISBN 92-78-24565-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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