[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 16.2.2009

COM(2009) 76 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

on the opening of consultations with Guinea under Article 96 of the Cotonou Agreement

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

on the opening of consultations with Guinea under Article 96 of the Cotonou Agreement

BACKGROUND

On 20 March 2004 the European Union opened consultations under Article 96 of the Cotonou Agreement as a result of the deterioration of democracy and the rule of law in Guinea. The consultations concluded on 14 April 2005 with Guinea entering into a number of commitments. A political dialogue was introduced in conjunction with monitoring missions during the implementation phase of the commitments. Initially set at three years, the implementation phase was increased to four years, i.e. until 14 April 2009, as a result of delays in the organisation of elections, the most important of the commitments (the others were considered to have been met to an acceptable extent).

The announcement of the death of President Conté and the appointment of Aboubacar Somparé, the President of the National Assembly, as interim Head of State on 23 December 2008 was followed a few hours later by a military coup d'état led by a junta of 26 officers and 6 civilians, who formed a National Council for Democracy and Development (CNDD). The CNDD announced the suspension of the Constitution and political and trade union activities, and the dissolution of the institutions of the Republic, before installing a provisional regime to administer the country until a transitional government could be formed. The CNDD set up its headquarters in the Alpha Yaya army camp in Conakry and elected one of its members President, Captain Moussa Dadis Camara, who proclaimed himself President of the Republic. In justifying the coup, the CNDD referred to the embezzlement of public monies, general corruption, a lack of legitimacy on the part of the government and National Assembly, the establishment of impunity as a method of government and anarchy in the management of state affairs, all of which had plunged the country into a catastrophic situation. It laid the blame for this at the door of members of the Souaré government and the institutions of the Republic. In view of the general desire to break with the Conté regime and fears of national destabilisation, the CNDD was welcomed by the Guinean public, including the leaders of the main political parties, trade unions and civil society.

The coup d'état was accompanied by changes within the army, including the enforced retirement of a number of generals. The CNDD declared its intention to hold presidential and general elections before the end of 2010 and invited the political parties and representatives of civil society to submit proposals as to how a peaceful transition to a constitutional and democratic regime could be organised. They submitted proposed roadmaps for the holding of elections before the end of 2009.

On 31 December 2008 the President of the CNDD appointed Kabiné Komara, a senior international banker, as Prime Minister to form a transitional government. Three ministers had already been provisionally appointed: General Toto Camara (Minister for Security and Civil Protection), Colonel Sékouba Konaté (Defence Minister) and Captain Claude Pivi[1] (Minister for Presidential Security). These three, together with the President of the CNDD, are the CNDD "strongmen". On 14 January the Prime Minister announced the appointment of his 28-member transitional government. Originally announced as a civilian government in the CNDD's initial declarations, the government in fact includes ten members of the military (mostly members of the CNDD)[2], including the ministers in key posts: justice, security, defence, trade and finance. Four key ministries are attached directly to the office of the President of the Republic (National Defence, Construction and Land-Use Planning, Finance and Special Services/Action on drugs)[3]. No representatives of the political parties, trade unions or civil society are included on the list of ministers. To coincide with these appointments, the President of the CNDD delivered a keynote speech announcing a series of reforms to revive the national economy, raise moral standards in society and modernise the administration, in particular through measures on water and electricity, employment, monetary policy, taxation, food security, public finance, management of the mining sector and tackling corruption. The keynote speech did not once refer to organising a democratic transition. The President also set up a Legislative Council and an Audit and Surveillance Committee for strategic sectors of the national economy.

The EU, the African Union, ECOWAS, the United States and Nigeria have condemned the seizure of power and urged the CNDD to re-establish constitutional order. Guinea has been suspended from the African Union, ECOWAS and the OIF (International Organisation for the French-Speaking World). The United States has suspended assistance other than humanitarian aid and measures to foster transition, and has called on the transitional government to publish dates for the elections. The new regime has, on the other hand, been hailed by Libya, Senegal, Mauritania and Gambia. ECOWAS has initiated mediation efforts with the military regime to speed up the transition. The African Union, the United Nations, France and the European Union have also conducted missions, all conveying the same message about the need to hold elections in the near future and to safeguard democratic principles.

CONCLUSIONS OF THE ARTICLE 96 MONITORING MISSION OF 14-16 JANUARY 2009

This exploratory mission was conducted in the context of the ongoing consultations under Article 96 of the Cotonou Agreement with the main aim of assessing the new political situation to emerge following the military coup in order to propose appropriate action, in particular with a view to possible further Article 96 consultations. The mission was organised and carried out together with the African Union and ECOWAS. The mission's conclusions can be summarised as follows:

- concern as to the intentions of those who carried out the coup and their genuine desire for democratic transition;

- concern as to the CNDD's internal unity and the high risk of internal problems or of a new coup d'état;

- gradual loss of confidence on the part of the political parties, trade unions and civil society in the intentions of the CNDD and gradual closure of the window of opportunity for starting a democratic transition process;

- major delays in the voter registration process;

- risks of a rapid deterioration in human rights conditions (suspension of trade union and political activities, acts of violence by members of the armed forces, risk of a witch-hunt) and of reactions by the people of Guinea (demonstrations);

- gradual takeover by the junta of all financial institutions, the central bank, the finance and customs ministry, possibly leading to an economic freeze or slowdown in economic activity;

- difficult technical and operational conditions for transition and confusion as to how it should be organised. However, some convergence points exist to help identify the benchmarks for possible transition;

- importance of keeping up pressure on the CNDD and of arranging Article 96 consultation meetings as soon as possible.

COMMISSION PROPOSAL

The Commission supports the Presidency statement of 31 December 2008 condemning the taking of power by force and calling on Guinea to begin a peaceful, orderly and democratic transition as soon as possible and in a spirit of consensus in order to re-establish the normal functioning of institutions at the earliest opportunity, in particular through the holding of presidential and general elections. The Commission states that it is prepared to support the measures taken by ECOWAS and the African Union to speed up the transition process, in particular by assisting in the organisation of the elections.

Article 9(2) of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005 lays down the essential elements on which the partnership is based. Democratic principles, the rule of law and human rights underpin the domestic and international policies of the Parties and constitute essential elements of the Agreement. In the light of this Article, and given the circumstances in which the military junta took power in Guinea, the Commission finds that there has been a particularly serious and manifest violation of these essential elements and deems the situation to be a case of special urgency within the meaning of Article 96(2)(b) of the Agreement. It therefore considers it necessary to open consultations with the authorities in power in Guinea in order to examine possible solutions to the crisis which would re-establish constitutional order. These consultations will be conducted in accordance with Article 96 of the revised Cotonou Agreement and will entail in particular discussing a transition roadmap with the authorities concerned that will specify:

- the agreement of all the parties (CNDD, government, political parties, trade unions and civil society) to the stages of transition;

- the establishment of a National Council for Transition based on consensus, with the powers and authority of a constituent assembly;

- updating of the legal framework (Constitution and electoral laws)[4];

- the organisation of free and transparent general and presidential elections before the end of 2009;

- the timetable for each of the items on the roadmap.

Respect for human rights and fundamental freedoms, and urgent attention to the freedom and safety of persons, freedom of expression and the non-use of torture and other inhuman or degrading acts, will be regarded as an essential element of the transition.

Such dialogue will give the military junta in Guinea an opportunity to state its intentions and its proposals for ending the crisis and allow the European Union to judge whether and how it could, on the basis of this dialogue, support initiatives tending towards compliance with the principles set out in Article 9(2) of the revised Cotonou Agreement.

The Commission therefore proposes that the Council invite the Republic of Guinea to hold consultations under Article 96 of the revised Cotonou Agreement in accordance with the attached draft letter.

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ANNEX

Brussels,

Prime Minister of the Transitional Governmentof the Republic of GuineaConakryGuinea

DRAFT

Sir,

In its statement of 31 December 2008 on the coup d'état in Guinea, the Presidency of the European Union roundly condemned the taking of power by force and called on Guinea to begin a peaceful, orderly and democratic transition as soon as possible and in a spirit of consensus in order to re-establish the normal functioning of institutions at the earliest opportunity, in particular through the holding of presidential and general elections.

In that statement, the Presidency of the European Union also stated that it was prepared to support the measures taken by ECOWAS and the African Union to speed up the transition process, in particular by assisting in the organisation of the elections.

In application of Article 96(2)(b) of the Cotonou Agreement and in view of the serious and manifest violation of the essential elements referred to in Article 9 of the Agreement, we have the honour, on behalf of the Community and the Member States of the European Union, to invite your country for consultations in order, as provided for in the Agreement, to study the situation in depth and, where appropriate, take steps to remedy it. These consultations will be conducted in accordance with Article 96 of the revised Cotonou Agreement and will entail in particular discussing a transition roadmap with the authorities concerned, possibly based, inter alia, on the following steps and associated timetable:

- agreement of all the parties (CNDD, government, political parties, trade unions and civil society) to the stages of transition;

- the establishment of a National Council for Transition based on consensus, with the powers and authority of a constituent assembly;

- updating of the legal framework (Constitution and electoral laws)[5];

- the organisation of free and transparent general and presidential elections before the end of 2009;

- the timetable for each of the items on the roadmap.

Respect for human rights and fundamental freedoms, and urgent attention to the freedom and safety of persons, freedom of expression and the non-use of torture and other inhuman or degrading acts, will be regarded as an essential element of the transition.

We propose that these consultations take place in the near future, at a date to be agreed jointly, in the building of the Council of the European Union in Brussels. The consultations will provide an opportunity for Guinea to be more specific about the urgent and peaceful return to democracy within the existing legal order and in full respect of the Constitution, and to establish appropriate measures to accompany the transition.

We have the honour to be, Sir, yours faithfully,

For the Council For the Commission

Copies: President of the ACP-EU Council of Ministers Chairman of the ACP Committee of Ambassadors General Secretariat of the ACP Group

[1] Pivi is widely believed to have masterminded the army mutiny in May 2008 and to be the principal architect of the December coup d'état. A number of sources accuse him of association with drug-traffickers.

[2] General Camara and Colonel Konaté kept their positions. Though not included on the list of ministers, Captain Pivi has just had his position reconfirmed by decree.

[3] According to the President of the CNDD, the attachment of the Finance Ministry to the President's office is justified by the need to keep a tight rein on public spending, while the attachment of the Construction and Land-Use Planning Ministry is justified on grounds of the need to control the sale of public land and awards of public construction contracts. The President of the CNDD does not consider the services currently provided by these ministries sufficiently reliable. Paradoxically, the Ministry of Mining has not been attached to the President's office.

[4] This item includes the voter registration process and the establishment of an electoral register which all stakeholders can trust.

[5] This item includes the voter registration process and the establishment of an electoral register which all stakeholders can trust.