Proposal for a Council Decision concluding consultations with Côte d'Ivoire under Article 366a of the fourth ACP-EC Convention
Date: 2000-05-02
Institutions: European Commission
Subjects: Côte d'Ivoire, EU relations, democracy, fourth Lomé Convention

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.05.2000
COM(2000) 258 final

Proposal for a

COUNCIL DECISION

concluding consultations with Côte d’Ivoire under Article 366a of the fourth
ACP-EC Convention

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 24 December 1999 a military coup in Côte d’Ivoire’s capital city, Abidjan, brought to
power General Robert Guei, the former chief of staff, who dismissed the head of state and
dissolved the government, the national assembly, the supreme court and the constitutional
council.

On 25 December a National Committee of Public Safety was set up. Chaired by General
Guei, it draws all nine of its members from the armed forces. An interim government was
formed on 14 January 2000.

The international community has unanimously condemned the coup.

In its declaration of 30 December the European Union urged all parties to restore peacefully
and rapidly constitutional democracy in the country, to respect human rights and to guarantee
security during the transition period.

On 14 January the Council of the European Union invited the government of Côte d’Ivoire to
hold consultations under Article 366a of the fourth ACP-EC Convention with a view to
its
assessing the situation in detail and establishing how the country planned to fulfil
obligations in respect of the essential elements cited in Article 5 to the Convention, namely
human rights, democratic principles and the rule of law. Frank and constructive consultations
took place in Brussels on 7 February.1

In its conclusions the Presidency took note of pledges by the interim authorities to:

• give the interim government full responsibility for managing the transition period;

• see that the proceedings of the Electoral and Constitutional Advisory Committee are

completed by 31 March 2000;

• stick to a timetable providing for the adoption of a constitution and the holding of

presidential, legislative and local elections by 31 October 2000 at the latest;

• ensure transparency of the State’s decision-making process;

• uphold the separation of powers,

the independence of the judiciary, pluralism and
transparency, including freedom of the press, freedom of expression and free access to the
media;

• strengthen audit and corrective measures to restore good governance.

• submit regular reports on implementation of the above measures.

1

Council document No 6038/00 of 8 February 2000.

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The President concluded that the European Union would be watching events in Côte d’Ivoire
very closely, but would not be taking any decision on whether to suspend development
cooperation for the time being. It would in particular monitor compliance with the electoral
timetable and the adoption of measures to guarantee that the elections are transparent and
democratically based.

In the wake of the consultations and in the light of developments in the situation, measures
taken so far and the pledges given by the Ivorian authorities, the Commission proposes, by
way of appropriate steps within the meaning of Article 366a(3) of the fourth ACP-EC
Convention, the pursuit of cooperation on a gradual and conditional basis, focusing during the
transition period on measures in support of the rapid and full restoration of constitutional
democracy, the rule of law, good governance and civil society, and, should the need arise,
humanitarian aid.

If conditions for gradually restoring cooperation have not been met by the end of the
transition period, the Commission will propose further measures to the Council.

CONCLUSION

In light of the above and pursuant to Articles 5 and 366a of the fourth ACP-EC Convention
and Article 2 of Council Decision 1999/214/EC, the Commission proposes that the Council
conclude the consultations with Côte d’Ivoire and take,
for a period ending on
31 October 2000, the steps set out in the draft letter annexed to the accompanying draft
Council Decision.

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Proposal for a

COUNCIL DECISION

concluding consultations with Côte d’Ivoire under Article 366a of the fourth
ACP-EC Convention

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the fourth ACP-EC Convention,2 as revised by the agreement signed in
Mauritius on 4 November 1995,3 extended by Decision No 1/2000 of the ACP-EC Committee
of Ambassadors,4

Having regard to Council Decision 1999/214/EC on the procedure for
Article 366a of the fourth ACP-EC Convention, and in particular Article 2 thereof,5

implementing

Having regard to the proposal from the Commission,6

Whereas:

(1)

(2)

(3)

(4)

The essential elements cited in Article 5 of the fourth ACP-EC Convention have been
violated by the overthrowing by force of the government of Côte d’Ivoire on
24 December 1999.

Consultations under Article 366a of the fourth ACP-EC Convention were held on
7 February 2000 with the ACP countries and Côte d’Ivoire, at which the Ivorian
authorities gave specific undertakings concerning the restoration of democracy by the
end of October 2000.

Respect for democratic principles has yet to be restored in Côte d’Ivoire.

Appropriate steps must be taken to assist the restoration of democracy during the
transition period.

2

3

4

5

6

OJ L 229, 17.8.1991, p. 3.
OJ L 156, 29.5.1998, p. 3.
OJ L 56, 1.3.2000, p. 47.
OJ L 75, 20.3.1999, p. 32.
OJ C …

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HAS DECIDED AS FOLLOWS:

Article 1

Consultations with Côte d’Ivoire under Article 366a(2) of the fourth ACP-EC Convention are
hereby concluded.

The measures specified in the annexed draft letter are hereby adopted as appropriate steps
within the meaning of Article 366a(3) of the fourth ACP-EC Convention.

Article 2

The measures shall expire on 31 December 2000.

Article 3

This Decision shall be published in the Official Journal.

Done at Brussels,

For the Council
The President

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ANNEX

Draft Letter

Sir,

In its declaration of 30 December 1999 the European Union noted with deep concern the
military coup and the dissolution of political and legal institutions in Côte d’Ivoire on
24 December 1999.

The European Union attaches the utmost importance to the provisions of Article 5 of the
fourth ACP-EC Convention. As essential elements of the Convention, respect for human
rights, democratic institutions and the rule of law are the basis of our relations.

The European Union considers the dissolution of democratic institutions a grave violation of
the above principles.

The Council of the European Union therefore decided, on 17 January 2000, to invite the
authorities of Côte d’Ivoire and the ACP countries to hold consultations with a view to
assessing the situation in detail and remedying it.

Frank and constructive consultations took place in Brussels on 7 February. A number of key
issues were addressed, and the authorities presented their plans for the restoration of
constitutional rule and a legitimate government. During the consultations the European Union
took note of steps already taken in that direction and the authorities’ pledges during the
transition period:

• to give the interim government full responsibility for managing the transition period;

• to hold free and transparent elections according to the following timetable:

– completion of the work of the Electoral and Constitutional Advisory Committee (CCCE)

by 31 March 2000;

– examination of texts by the Council of Ministers and holding of a referendum on the

constitution and the electoral law in April 2000;

– holding of presidential, legislative and local elections by 31 October 2000 at the latest;

Mr Seydou Diarra,
Minister for Planning,
Development
and Government Coordination

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• to respect the human rights,

• to uphold the separation of powers, and in particular the independence of the judiciary;

• to respect pluralism and transparency,
expression and free access to the media;

including freedom of the press, freedom of

• to pursue audits and corrective measures to restore good governance;

• to submit regular reports on implementation of the above measures throughout

the

transition period.

In the light of these undertakings the European Community and its Member States are minded
to conclude the consultations held under Article 366a of the Convention. As respect for
democratic principles has yet to be restored, the Community has decided, as appropriate steps
within the meaning of Article 366a(3) of the Convention, to take the following measures in
support of Côte d’Ivoire’s transition to democracy:

• Programmes

for which financing agreements have already been signed will be
implemented as planned, with due regard for the principle of the neutrality of Community
aid during the run-up to the elections. The monitoring and supervision of programmes by
independent national bodies and the Commission will be stepped up.

• In the case of counterpart funds and programmes for which financing agreements have yet
to be signed, a gradual and conditional approach will be applied, focusing during the
transition period on measures in support of the restoration of constitutional democracy, the
rule of law and good governance.

• In the case of counterpart funds and programmes for which financing agreements have yet

to be signed, a gradual and conditional approach will be applied.

• Contributions to regional projects and operations of a humanitarian nature will not be

affected during the transition period.

• On the basis of the monthly reports that the interim authorities have undertaken to provide,
the European Union, which will be monitoring the transition process very closely, reserves
the right to take any additional measures necessary and reaffirms the importance of
ongoing political dialogue with the authorities in Côte d’Ivoire to the normalisation of
bilateral relations.

For the Commission

For the Council

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