repealing, on behalf of the Union, Council Decision (EU) 2016/394 concerning the conclusion of consultations with the Republic of Burundi under Article 96 of 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

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Following the deterioration of the situation in Burundi in the run-up to the legislative and presidential elections in June and July 2015, the European Union considered that the Republic of Burundi had not complied with essential elements set out in Article 9 of the ACP-EU Partnership Agreement in relation to human rights, democracy and the rule of law. Following the consultations held in Brussels on 8 December 2015 under Article 96 of the ACP-EU Partnership Agreement, the European Union noted the replies given by the Government of Burundi and the latter's commitment to providing clarifications in respect of the questions raised and to speeding up certain judicial proceedings. The European Union nevertheless considered that the positions expressed did not comprehensively address the question of non-compliance with the essential elements of its partnership with the Republic of Burundi. Nor did these positions provide a satisfactory response to the decisions taken by the African Union's Peace and Security Council on 17 October and 13 November 2015, in particular the need for the speedy convening of a genuine and inclusive dialogue, based on respect for the Arusha Agreement. On 13 November 2015, by Council Decision 2016/394, consultations were concluded and appropriate measures, as specified in the Annex to that Decision, were taken. These included suspension of financial support or disbursements of funds (including budgetary support) directly benefiting the Burundian administration or institutions.

Since the peaceful political transition of 2020 leading to the election of President Ndayishimiye and the designation of a new government, the EU observed a positive momentum, demonstrated by:

·A constructive engagement with Burundi in political dialogue pursuant to Article 8 ACP-EU Partnership Agreement;

·Government’s efforts in support of peace and stability, measures to improve good governance, freedom of media; declarations on human rights, rule of law and fight against impunity;

·Agreement on a roadmap (“Feuille de route”) which contains commitments on part of the Burundian government in response to Council Decision 2016/394 in the areas of human rights; justice and rule of law; freedom of opinion and of the press; good governance; peace, security and democracy; business climate; environment and biodiversity;

·Large numbers of refugees voluntarily returning to Burundi;

·Resumption of cooperation with the international community and with neighbouring countries.

In view of these progress and commitments, the Heads of Mission in their report of 19 May 2021 expressed the view that the appropriate measures stated in annex of Council Decision 2016/394 were no longer relevant and thus recommended that they should be lifted. Nonetheless, the following issues should continue to be raised within the context of the political dialogue established with Burundi under Article 8 of the ACP-EU Partnership Agreement:

·Improvement of good governance, rule of law, human rights, business climate, as necessary basis for sustainable development;

·Liberation of political prisoners, return of members of the opposition and civil society; the political space needs to be opened and appeased, with the objective of reaching reconciliation;

·Continued efforts to strengthen media freedom;

·Reduction of arbitrary arrests; better control by the relevant authorities of politically-related violent groups (“Imbonerakure”) and the improved accountability and transparency of certain activities of the National Intelligence Service (SNR); reform of the judiciary, separation of State and Party;

·Respect of the independence of Civil Society/NGOs