98/350/CFSP: Common Position of 25 May 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning human rights, democratic principles, the rule of law and good governance in Africa
Date: 1998-05-25
Institutions: Council of the European Union
Subjects: Africa, democracy, human rights, politics, rule of law

2.6.98

EN

Official  Journal  of  the  European  Communities

L 158/1

(Acts  adopted  pursuant  to  Title  V  of  the  Treaty  on  European  Union)

COMMON  POSITION

of  25  May  1998

defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning
human  rights,  democratic  principles,  the  rule  of  law  and  good  governance  in  Africa

(98/350/CFSP)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

HAS  DEFINED  THIS  COMMON  POSITION:

Having  regard  to  the  Treaty  on  European  Union  and  in
particular  Article  J.2  thereof,

Article  1

Whereas  under  Article  J.1(2)  of  the  Treaty  on  European
Union, one of the objectives of the Common Foreign and
Security  Policy  is  to  develop  and  consolidate  democracy
and  the  rule  of  law,  and  respect  for  human  rights  and
fundamental  freedoms;

Whereas  the  Council  and  representatives  of  the  Member
States  meeting  in  the  Council  adopted  a  resolution
on  human  rights,  democracy  and  development  on
28  November  1991;

Whereas  under  Articles  4  and  5  of  the  Fourth  ACP-EC
Convention,  signed  at  Lomé  on  15  December  1989
as  revised  by  the  agreement  signed  in  Mauritius  on
4  November  1995, 
the
Community  and  its  Member  States  in  the  framework  of
ACP/EC  cooperation  must  take  into  account  the  human
dimension  and  is  based  on  the  respect  of  human  rights,
democratic  principles, 
law  and  good
governance;

the  work  undertaken  by 

the  rule  of 

Whereas  under  Article  3  of  Common  Position
97/356/CFSP (1)  on  conflict  prevention  and  resolution  in
Africa  adopted  on  2  June  1997,  the  Council  notes  that,
in  accordance  with  the  relevant  procedures,  steps  will  be
taken  to  ensure  coordination  of  the  efforts  of  the
European Community and those of the Member States in
development  cooperation  and  the  support  for  human
rights,  democracy,  the  rule  of  law  and  good  governance;

The objective of the Union is to work in partnership with
African  countries  to  promote  respect  for  human  rights,
democratic  principles, 
law  and  good
governance. This approach shall serve as a framework for
the  actions  of  the  Member  States.

the  rule  of 

The  aim  of  this  common  position  is  to  contribute  to  the
coherence of external Union activities in Africa, including
appropriate  policy  responses.  The  Union  recognises  that
democratisation  is  a  process  which  can  be  assisted  by
appropriate  support  from  the  international  community,
including  the  Union,  and  that  many  African  countries
have  successfully  introduced  reforms  in  recent  years
which  have  improved  the  ability  of  individuals  to  enjoy
human  rights  and  democratic  processes.

Article  2

The  Union  fully  recognises  the  right  of  sovereign  states
to establish their own constitutional arrangements and to
institute  their  own  administrative  structures  according  to
their  history,  culture,  tradition  and  social  and  ethnic
composition.  In  this  framework,  the  Union  is  committed
to  encourage  and  support  the  on-going  democratisation
process in Africa on the basis of respect for the following
principles:

(a) protection  of  human  rights  (civil  and  political,  and

social,  economic  and  cultural);

(b) respect  of  basic  democratic  principles,  including:

Whereas  human 
interdependent  and  intrinsically  linked,

rights  are  universal, 

indivisible,

— the right to choose and change leaders in free and

fair  elections,

(1) OJ  L  153,  11.6.1997,  p.  1.

powers,

— separation  of  legislative,  executive  and  judicial

L 158/2

EN

Official  Journal  of  the  European  Communities

2.6.98

— guarantees 

of 

information, 
organisation;

freedom 
association 

of 
and 

expression,
political

(c)

the  rule  of  law,  which  permits  citizens  to  defend
their  rights  and  which  implies  a  legislative  and
judicial  power  giving  full  effect  to  human  rights  and
fundamental  freedoms  and  a  fair,  accessible  and
independent  judicial  system;

(d) good  governance,  including  the  transparent  and
accountable management of all a country’s resources
for  the  purposes  of  equitable  and  sustainable
development.

Article  4

The  Council  notes  that  the  Commission  intends  to  direct
its  action  towards  achieving  the  objectives  and  the
priorities of this common position, where appropriate, by
pertinent  Community  measures.

Article  5

Union  activities  in  implementation  of  this  common
position  shall  be  reviewed  on  a  six-monthly  basis.

Article  3

Article  6

(a) When  deciding  policy  towards  individual  countries,
the  Union  shall  take  into  account  their  points  of
departure  and  the  direction  and  pace  of  change
within  them,  as  well  as  the  policy  commitments  of
the  respective  governments.  The  Union  shall  give
high priority to a positive and constructive approach
that encourages human rights, democratic principles,
the  rule  of  law  and  good  governance.

(b) The Union, working with both governments and civil
society  on  the  basis  of  partnership  and  cooperation,
shall  consider  increasing  its  support  for  African
countries in which positive changes have taken place
and where the governments concerned are engaged in
promoting  positive  change.  Where  changes  are
negative,  the  Union  shall  consider  the  appropriate
responses that could help reverse those developments
on  the  basis  of  the  principles  laid  down  in  the
resolution  adopted  on  28  November  1991.

This  common  position  shall  take  effect  on  the  day  of  its
adoption.

Article  7

This  common  position  shall  be  published  in  the  Official
Journal.

Done  at  Brussels,  25  May  1998.

For  the  Council

The  President

R.  COOK