2002/274/EC: Council Decision of 25 March 2002 concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement
Date: 2002-03-25
Institutions: Council of the European Union
Subjects: ACP-EU Convention, Liberia, cooperation agreement (EU), democratisation, human rights

13.4.2002

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Official Journal of the European Communities

L 96/23

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 25 March 2002

concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership
Agreement

(2002/274/EC)

situation in a sustainable manner still needs to be under-
taken,

HAS DECIDED AS FOLLOWS:

Article 1

Consultations with Liberia under Articles 96 and 97 of the
ACP-EC Partnership Agreement are hereby concluded.

Article 2

The measures specified in the annexed draft letter are hereby
adopted as appropriate measures within the meaning of Article
96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agree-
ment. These measures will expire two years after the date on
which the Council adopts this Decision.

This Decision takes effect on the day of its adoption.

Article 3

Article 4

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

Done at Brussels, 25 March 2002.

For the Council

The President

A. M. BIRULÉS Y BERTRÁN

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community and in particular the second subparagraph of
Article 300(2) thereof,

Having regard to the internal agreement on measures to be
taken and procedures to be followed for the implementation of
the ACP-EC Partnership Agreement (1), as put into provisional
application by the decision of
the
Governments of the Member States of 18 September 2000,
and,

in particular, Article 3 thereof,

the representatives of

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The Government of Liberia has acted on a number of
occasions in ways that amount to a failure to fulfil its
obligations stemming from the essential elements of
Article 9 of the ACP-EC Partnership Agreement. It has
also acted in violation of good governance requirements
as serious cases of corruption can be identified.

Consultations under Articles 96 and 97 of the ACP-EC
Partnership Agreement were held on 9 November 2001
with Liberia, at which the Liberian authorities explained
their point of view and made specific commitments
particularly as regards the human rights situation, demo-
cratic principles, the rule of law and good governance.

Some positive steps have recently been taken to meet
these
substantial
action to address all the commitments and to uphold the

commitments. Nevertheless, more

(1) OJ L 317, 15.12.2000, p. 376.

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ANNEX

DRAFT LETTER TO THE MINISTER OF FOREIGN AFFAIRS

Brussels, …

H.E. Mr Monie CAPTAN
Minister of Foreign Affairs
Liberia

Dear Minister,

The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement.
As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law,
and as a fundamental element, good governance, are the basis of our relations.

Thus, the European Union has been concerned by reports of human rights abuses since the end of the civil war, and
about the apparent impunity of the security forces in their relations with civilians. The absence of political opposition
activity in the country, especially in the run up to the 2003 elections and reported limitations to freedom of expression
have also been a matter of deep concern. The European Union has also been deeply preoccupied by the lack of
transparency in the public accounting system and by the risks of serious corruption in particular in the management of
natural resources and the exploitation of monopolies. Furthermore, the assistance Liberia has offered to the Front uni
révolutionnaire (RUF) of Sierra Leone, accused of gross human rights violations in Sierra Leone, induced the European
Union to support the sanctions decided by the United Nations Security Council

in March 2001.

The Council of the European Union therefore decided, on 23 July 2001, to open consultations with the Liberian
Government pursuant to Articles 96 and 97 of the ACP-EC Partnership Agreement, with a view to assessing the situation
in detail and remedying it.

The opening meeting of the consultations took place in Brussels on 9 November 2001. A number of key issues were
addressed; the point of view of the Liberian Government was presented and a series of commitments were entered into, as
follows:

— systematically to launch legal investigations each time there are serious and corroborated reports that members of the

armed forces are involved in violence towards civilians,

including in the war zone of Lofa county,

— to expand the ongoing training programme on human rights to all security personnel,

— to review the relevant legislation in order to create a credible independent human rights commission, with representa-

tion of the civil society,

— to review the relevant legislation in order to create a credible independent national reconciliation commission, with

representation of the civil society,

— to continue to encourage the return of key opposition leaders, especially by the withdrawal of accusations against

them; to guarantee their personal protection,

— that NGO members and journalists will not be harassed for speaking against the Government, which will publicly

commit itself accordingly,

— that procedures for granting short-wave radio licenses will be simplified and accelerated; to review the law, with a
view to having it amended, and also have the cases of Radio Veritas and Star Radio reviewed on their request,

— to review the relevant legislation in order to create a credible independent election commission in close consultation

with the main political partners,

— to revitalise the judicial review body so that

it can advise and make independent recommendations to the

Government,

— to improve the payment of proper salaries and expenses to the civil service in particular as regards the operation of

the administration of justice,

— that all public utility and parastatal revenue including that from the forestry sector will be accounted for in a

transparent manner,

— to undertake to further liberalise the fuel and rice sectors to ensure competition and transparency,

— to comply with UN requests in relation to the involvement of Liberia in the conflict in Sierra Leone, in particular in

terms of cutting all ties with the RUF.

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It was also agreed that an intensive dialogue would be held with the Liberian authorities on the various points raised at
the consultation meeting with a view to concluding the consultations. This process is now completed. It focused on the
measures which the Government itself proposed could be implemented to fulfil the undertakings.

The Liberian authorities have indicated their willingness to make progress on the various issues raised by the European
Union. In particular, we welcome that:

— in the recent period, several members of the security forces have been the subject of legal investigation in relation to

their involvement in cases which amount to human rights violations,

— a plan to expand the human rights training to all the security forces is under preparation,

— reviews of the existing human rights and reconciliation commissions are underway; as regards reconciliation, a

national forum has been announced for July 2002, to which all opposition leaders would be invited,

— President Taylor has publicly called on opposition leaders to return to Liberia, stating that they will be protected,

— reinforcement and extension of election commissions is planned,

— Radio Veritas is to receive its short-wave licence back and the resumption of the operation of Star Radio is under
consideration; short-wave broadcasting installations will be made available to opposition politicians throughout the
election period,

— a judicial review body (‘Judicial Reform Committee’) is to be revitalised,

— measures to improve the public management of fiscal revenue drawn from the forestry sector and the maritime

registry are planned,

— further liberalisation of the rice sector is underway, as the dominant position of the main importer is decreasing,

— the principle of external audits of the parastatal agencies and of the Government financial institutions has been

accepted.

More generally, the Government indicated that it would uphold all the fundamental rights of all citizens and residents in
Liberia.

However the following points continue to give cause for concern despite the commitments already taken:

— the human rights situation still needs to be improved,

— with a view to the elections in 2003, there is as yet no sufficient guarantee that all candidates will be treated equally,

— transparency in the management of public accounts, especially as regards resources drawn from the fuel, timber and

rice sectors,

is not established.

Furthermore, the European Union calls upon the Liberian authorities to continue their efforts to comply with the UN
requests as regards their relations with the RUF in Sierra Leone.

In the light of the above, the European Community and its Member States have decided to conclude the consultations
held under Articles 96 and 97 of the ACP-EC Partnership Agreement. Pending substantive steps to fulfil the commitments
taken to uphold the respect of human rights, democracy, rule of law and good governance principles, it has been decided
to maintain the political dialogue process and the direct support measures as well as preparation for the elections. In line
with progress made, and conditionally, the European Union could gradually extend its cooperation.

In particular, the European Union invites the Government of Liberia to take the following measures in the near future on
the basis of a work plan to be agreed upon:

— to ensure the independence of an efficient and effective judiciary,

— to conduct an external

independent audit of Government financial

institutions and parastatal agencies,

— effectively to guarantee the personal security and freedom of movement of opposition leaders in Liberia,

— to establish an independent and efficient human rights commission,

— to implement a human rights training programme extended to all security forces,

— to establish an independent and credible reconciliation commission,

in charge of organising and supervising a

reconciliation forum (July 2002),

— to implement decisions taken to enlarge access to short-wave broadcasting,

— to establish an independent and credible election commission,

— to dismantle the monopoly on fuel

imports.

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These steps are expected to be part of a general trend towards improving human rights, democracy, the rule of law and
good governance in Liberia, which would imply:

— the improvement of the human rights situation and an effective fight against impunity,

— the constant promotion and guarantee of freedom of the press,

— the organisation of free and regular elections in 2003, in compliance with international standards, with participation

of all opposition leaders on an equal basis with the candidate of the current ruling party,

— enhanced transparency in the way public concessions and licences are issued and on the revenue derived therefrom.

It is also expected that Liberia will soon be in a position to be considered as having complied with the requests of the UN
Security Council

in relation to the situation in Sierra Leone.

As regards the implementation of its aid, the Community has decided to take the following measures, within the meaning
of Article 96(2)(c) and of Article 97(3):

— regular follow-up will be ensured by means of a close political dialogue involving the Presidency of the European

Union and the European Commission, and six-monthly political reviews,

— implementation of current projects funded under Article 72 of the ACP-EC Partnership Agreement, amounting at the

moment to EUR 25 million and intended to meet the needs of displaced persons, will be continued,

— contributions to regional projects, operations of a humanitarian nature, trade cooperation and trade-related prefer-

ences are not affected,

— institution support to allow for the implementation of the measures aimed at fulfilling undertakings given within the

consultations can be provided,

— the 8th EDF national indicative programme (NIP) is being prepared; it will be divided into two instalments: the first
will cover institution building and direct support to populations, and the second more structured aid. Its signature and
the implementation of the first instalment will be linked to actual progress made in restoring efficient democratic
structures and in improving public financial management. The implementation of the second instalment is conditional
upon the holding of free and fair elections in 2003, the improvement of the political situation and the good
governance situation,

— support for the preparation of the elections will be provided subject to compliance with normal conditions for the

holding of free and fair elections,

— notification of the 9th EDF allocation will be made once free and fair elections have taken place,

— the Commission will continue to exercise the function of national authorising officer on behalf of the latter until

implementation of the second instalment of the 8th EDF NIP.

The European Union will continue to follow closely the situation in Liberia. We propose that our intensive political
dialogue should continue, on the basis of Article 8 of the ACP-EC Partnership Agreement.

Yours faithfully,

For the Commission

…

For the Council

…