Amended proposal for a Council Decision on a TACIS civil society developement programme for Belarus for 1997
Date: 1997-11-12
Institutions: European Commission
Subjects: CIS countries, EU programme, cooperation policy, democratisation, freedom of the press

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.11.1997 
COM(97) 602  final 

Amended  proposal  for a 

COUNCIL  DECISION 

ON  A  TACIS  CIVIL 

SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 

(presented  by the Commission  pursuant to Article  189 a (2) 
of the EC-Treaty) 

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  Belarus,  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 other 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  tc 
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 
" in the absence of convincing efforts on the part  of Belarus to proceed  with the necessary 
democratic and economic reform (...)  the EU  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  thai  they  should  directly  benefit  the  reform  process."  However,  ""the EU  is 

oo 

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 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 andpoliticalfreedoms",  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." The line was further  formalised  in the Council  Conclusions  of  15/09/97, 
as  "The  Council  underlines  that  the  European  Union  remains  ready  to  support  the 
Belarusian  authorities  in  the  elaboration  of  a  true  process  of  démocratisation.",  and 
"invites  the Commission to examine the ways and  means to associate the civil society,  in 
particular through the NGOs, to the process of démocratisation. (...) in close collaboration 
with  the  Council  of  Europe  and  the  OSCE."  The  Council  also  specified  that  "the 
implementation of  Community's  technical assistance programmes  will be frozen,  with the 
exception of  humanitarian and  regional projects,  and  those  that  support  the process  of 
démocratisation directly. " 

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, Declaration  of 29/04/97 
and  Conclusions  of  15/09/97  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 

2 

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, 
Declaration of 29/04/97 and Conclusions of 15/09/97. 

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" 
sector which includes, inter alia,  "strengthening  of the civil society",  "legal  assistance" and 
"education, training". 

12.  Media freedom, freedom  of expression, free access to the media are a 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.  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 modern journalism. 

13.  A second 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,  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. 

14.  The third  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 
universities  and associations  for  education  and training  activities  for  the young  generations 
who  are  also  at  the  basis  of  the  démocratisation  process  and  should  be  continuously 
supported.  This area, compared to the previous two, 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. 

15. 

In  the  identification  of  local  project  partners,  the  Commission  will  cooperate  as  much  as 
possible with the Council of Europe, the OSCE, the network of EU NGOs and associations. 

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. 

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  the  appropriate  Tacis 

oiles and procedures (and in particular Articles 6 and 8 of the Tacis Regulation). 

C/L 

19.  Given  the  developments  in  bilateral  relations  with  Belarus  in  the  recent  weeks  which  have 
been formalised by the Council  Conclusions of  15  September  1997,  references to which have 
been  duly  included  in  the  above  paragraphs,  the  Commission  is  hereby  submitting  an 
amended  proposal  to  the  Council  that  reflects  more  adequately  the  latest  EU  policy  towards 
Belarus.  In  particular,  assistance  on  constitutional  reform  to  the  central  authorities  and 
*  references  to  possible  assistance  to  central  and  local  authorities  have  been  deleted,  and  the 

action has been focused  more on cooperation with the NGOs. 

20.  The Council is requested to adopt the annexed amended proposal  for a Council  Decision on a 

Tacis Civil  Society Development Programme for Belarus for  1997. 

S~ 

AMENDED  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  (Euratom,  EC)  No  1279/96  of  25  June  1996 
concerning  the  provision  of  assistance  to  economic  reform  and  recovery  in  the  New 
Independent  States  and  Mongolia  (Tacis  Regulation),  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,  although  such 
Programmes  would  normally  form  the  basis  of  bilateral  Tacis  cooperation  with  a  partner 
state, pursuant to Article 5 of  the Tacis Regulation, 

Whereas  the  Council  has  adopted  a  position  towards  Belarus  which  is  stated  in  the 
Conclusions  of  24/02/97,  the  Declaration  of  29/04/97  and  the  Conclusions  of  15/09/97, 
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  two  specific  and  topical  areas:  human  rights 
protection and freedom of the media, 

Whereas  the  Community  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, 

Whereas the Commission has proposed to the Council to set up a Civil Society Development 
Programme for  Belarus  in the framework of the  1997 Tacis  Programme  as the  appropriate 
measure towards Belarus, 

Whereas, even in the absence of a Tacis  Indicative  Programme  1996-99 and,  consequently, 
Action  Programme  for  Belarus,  the  programme  proposed  by  the  Commission  will  be 
implemented  in  compliance  with  the  appropriate  procedures  laid  down  in  Regulation 
1279/96, in particular Articles 6 and 8 thereof, 

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." 

Ç 

•  Article 2: 

"The Programme will be implemented by the Commission, acting in 
accordance with the appropriate procedures laid down in Regulation 
1279/96,  in particular Articles 6 and 8 thereof." 

•  Article 3: 

"This Decision shall be published in the Official  Journal of the 
European Communities." 

Done at Brussels, 

"V 

FINANCIAL STATEMENT 

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  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 

<f 

Programme title: 

TACIS CIVIL SOCIETY  DEVELOPMENT 
PROGRAMME FOR  BELARUS FOR 1997 

Programme cost: 

5 Mecu 

Programme beneficiaries: 

students  (e.g., Law), journalists, NGOs, associations. 

Recent  political  developments  in  Belarus  impeded  ihe  normal 
Institutional appraisal: 
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, Declaration of 29/04/97 and Conclusions  of  15/09/97, suspended the implementation 
of the Interim Agreement, the conclusion of the PCA, and the support  for  Belarus 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 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) 

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 modern journalism. 
Civil  society  support:  approx.  2.5  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  east-west  cooperation  of  universities 
and associations for further  and higher education. 

Implementation and timetable. 2 years 

9 

ISSN 0254-1475 

COM(97) 602  final 

r 

EN 

11  02  16  01 

Catalogue number  :  CB-CO-97-614-EN-C 

ISBN 92-78-27550-6 

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