Proposal for a Council Decision on a TACIS civil society development programme for Belarus for 1997
Date: 1997-09-19
Institutions: European Commission
Subjects: Commonwealth of Independent States, EU programme, democracy, development policy, technical cooperation

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 

A 

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" 

2 

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. 

4 

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) 

(2) 

(3) 

(4) 

Constitutional  reform:  approx.  1 Mecu,  mainly  for  legal  training,  provision  of  relevant 
comparative laws in EU, courses, workshops. 
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. 
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. 
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 

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