EN Official Journal of the European Union CE 88/566

(2004/C 88 E/0577)

WRITTEN QUESTION E-1074/04

by Proinsias De Rossa (PSE) to the Commission

(6 April 2004)

Subject: Human rights and the Cotonou Agreement

The Cotonou Agreement, signed by the EU and 77 African, Caribbean and Pacific states in 2000, seeks to improve economic and development cooperation between the EU and the ACP countries.

This agreement also highlights the role of human rights in the Union's external relations policy by encompassing respect for human rights, democratic principles based on the rule of law, and transparent and accountable governance as key elements of the first pillar of the partnership agreement.

Since the signing of the agreement, how has the Commission been monitoring the operation of the political dimension of the Cotonou agreement? Has the Commission been examining human rights standards in partnership countries? Has the Commission taken, or does it intend to take, action against any countries to deal with violations of the human rights provisions of Cotonou? Will these issues be raised with ACP states during the 2005 review of the Cotonou Agreement?

Answer given by Mr Nielson on behalf of the Commission

(30 April 2004)

Respect for human rights, democratic principles and the rule of law constitute the essential elements of Cotonou and good governance is its fundamental element, as stated in article 9 of the Agreement. The Partnership supports the promotion of these issues, both through cooperation and development strategies, by providing support to political, institutional and legal reforms undertaken by partner countries, and through the permanent political dialogue between the Parties.

Regular dialogue is the main instrument to jointly and regularly assess the progress made and changes in respect of the essential and fundamental elements of the Agreement, taking into account each country's context. Dialogue improves mutual understanding and may prevent situations leading to the consultation procedures and to the adoption of the appropriate measures, including the suspension of co-operation, which are set out in Articles 96 and 97 of the Cotonou Agreement.

Article 96 foresees that in cases of violation of one of those essential elements one party can invite the other party to hold consultations. Consultations under article 96 aim at examining the situation with a view to finding a solution acceptable to both parties. If no solution is found, or in emergency cases, or if one party refuses the consultations, appropriate measures can be taken. Suspension of co-operation is in this context a measure of last resort. Appropriate measures, which should be proportional to the violation of an essential element, are intended to give a clear signal to the government regarding the respect of these elements.

Since the signing of the Cotonou Agreement in 2000, the EU has agreed to hold consultations involving nine African, Caribbean and Pacific (ACP) states (1). Appropriate measures have been applied in the six cases where consultations have been concluded (2).

As regards the revision of the Cotonou Agreement, the negotiations are due to start in May 2004. The EU and the ACP Group are currently establishing their respective negotiation mandates.

(1) Haiti, Ivory Coast, Fiji, Liberia, Zimbabwe, Central Africa Republic, Togo, Guinea Bissau and the Republic of Guinea.

(2) Haiti, Ivory Coast, Fiji, Liberia, Zimbabwe, Central Africa Republic.