Proposal for a Council Decision amending Council Decision 2002/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
Date: 2002-12-11
Institutions: European Commission
Subjects: EU relations, European Development Fund, Haiti, cooperation policy, democratisation, political situation, terms for aid

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.12.2002
COM(2002) 716 final

Proposal for a

COUNCIL DECISION

amending Council Decision 2002/131/EC concluding the consultation procedure with
Haiti under Article 96 of the ACP-EC Partnership Agreement

(presented by the Commission)

EXPLANATORY MEMORANDUM

Following the general elections held on 21 May and 9 July 2000, the observers mission of the
Organisation of American States (OAS) noted various irregularities and frauds as well as the
use  of  an  illegal  method  of  calculation  for  the  appointment  of  senators.  Despite  various
statements and demarches by the EU, the Haitian authorities refused to rediscuss the outcome
of the elections, thereby  jeopardising the  credibility  and legitimacy  of  the  institutions  based
on them.

The  Council  of the European Union decided on 2  August 2000  to  invite  the  government  of
Haiti to enter into consultations under Article 96 of the Cotonou Agreement in order to review
the situation in detail and find out how Haiti intended to comply with the essential elements
referred to in Article 9 of the Agreement, in particular the provisions on democratic principles
and the rule of law. Consultations were held in Brussels on 26 September of that year

When the Haitian authorities subsequently failed to take into account the concerns expressed
by the European Union regarding the legitimacy of the process, the Council of the European
Union  decided  on  29  January  2001,  in  accordance  with  Article  96(2)(c)  of  the  Cotonou
Agreement, to take the following appropriate measures with regard to cooperation with Haiti:
(a) Non-provision of the second tranche under the 8th EDF, totalling EUR 44.4 million. (b)
Suspension of direct budget aid. (c) Redirection of the remaining funds of the  first 8th EDF
tranche to projects that are of direct benefit to the Haitian people, to strengthen civil society
and  the  private  sector,  and  to  support  democratisation  and  underpin  the  rule  of  law.  (d)
Preparations  for  9th  EDF  programming  by  the  Commission  delegation  in  Haiti,  which  will
consult  the  Haitian  government  on  all  necessary  points.  Unless  otherwise  decided  by  the
Council, no allocation of resources to be notified while this decision is valid. These measures
were taken with the objective not to penalise the poorest Haitians

A joint review of the situation by the Commission and the Council took place at the end of
2001.  That  review  recognized  that  various  attempts  had  been  made  to  resolve  the  political
crisis  and  to  mediate,  including  in  particular  multiple  missions  by  the  Organisation  of
American States (OAS). It nevertheless concluded that no formal agreement had signed by the
parties,  Lafamni  Lavallas  and  Convergence  Démocratique,  though  some  advancement  had
been  made  certain  points.  On  21  January  2002,  the  Council  decided  to  maintain  the
appropriate measures taken by the Council of the EU on 29 January 2001 until 31 December.
The Council Decision foresees that all the cooperation instruments affected by the measures
decided on 29 January 2001 shall be gradually reactivated as soon as an agreement is signed
between  the  two  sides  and  on  the  basis  of  four  crisis  exit  indicators:  (1)  constitution  of  the
provisional  electoral  council;  (2)  setting  up  of  the  electoral  guarantee  committee,  both  at
central and decentralized level; (3) holding of a general election; and (4) holding of local and
regional elections. The appropriate measures linked to four indicators are: (1) release of first
tranche  under  the  8th  EDF  for  programmes  in  partnership  with  the  state  to  combat  poverty
and  support  democracy;  (2)  provision  of  the  second  tranche  under  the  8th  EDF  for
programmes  to  support  the  electoral  process,  provide  roads,  combat  poverty  and  support
democracy;(3) notification of the allocation of the 9th EDF  and signing of  the  relevant NIP
with immediate implementation of projects and programmes education and non-focal sectors
(40% of the NIP); (4) release of the 60% of the NIP of the 9th EDF assigned to transport and
envelope B, for possible support for structural adjustment

These  measures  expire  on  31  December  2002.  The  decision  therefore  provides  for  a  joint
review  of  the  situation  by  the  Commission  and  the  Council,  on  the  basis  of  which  the

2

measures  may  be  reviewed  and  on  the  basis  of  which  the  Commission,  if  necessary,  will
submit new proposals to the Council.

Since  the  implementation  of  the  appropriate  measures,  various  attempts  have  been  made  to
resolve  the  political  crisis  through  mediation.  These  include  the  efforts  made  by  the
Organisation  of  American  States  (OAS)  and  the  Caribbean  Community  (CARICOM).  The
OAS special mission for strengthening democracy in Haiti has played a particular role in the
search for a solution to the crisis.

Nevertheless, to date, no satisfactory solution has been found. The Government of Haiti has
committed  itself  to  give  increased  priority  to  the  restoration  of  a  climate  of  security  and  of
confidence in the country, including the completion of inquiries into all politically motivated
crimes  and  the  strengthening  of  the  disarmament  programs.  The  carrying  out  of  this
commitment by concrete action is considered a precondition to solve the current crisis.

The socioeconomic situation on the ground continues to deteriorate. Several calls have been
issued for the  strengthening  of  international cooperation of  benefit  to  the  Haitian  people,  in
support of the electoral process and of the return to democracy.

In  particular,  OAS  Resolution  n°  822  of  4  September  2002  states  its  support  for  the
normalization  of  economic  cooperation  between  the  Government  of  Haiti  and  the
international  financial  institutions,  and  invites  those  parties  to  resolve  the  technical  and
financial  obstacles  that  prelude  such  normalization.  In  case  of  a  positive  development,  the
European Union should give itself the means of supporting such a scenario though budgetary
support and other measures aimed at facilitating the implementation of the conditions attached
to it, and to reduce the social and human impacts of the macroeconomic adjustment measures.
This could only take place in a favorable political climate for which a solution of the electoral
crisis remains a first step

It is therefore proposed to take the following appropriate measures:

Release of first tranche under the 8th EDF and provision of the second tranche under
(a) 
the 8th EDF for programmes that are of direct benefit to the Haitian people, to strengthen civil
society and the private sector, and to support democratisation and the electoral process

The allocation of resources for the 9th EDF will not be notified and the corresponding

(b) 
NIP will not be signed while this decision is valid.

All the cooperation instruments affected by  these measures  will  gradually  be  reactivated  on
the  basis  of  the  advancement  of  the  electoral  process.  This  includes  a  possible  budgetary
support  conditioned  to  the  resumption  of  cooperation  with  the  international  financial
institutions. These measures expire on 31 December 2003.

3

Proposal for a

COUNCIL DECISION

amending Council Decision 2002/131/EC concluding the consultation procedure with
Haiti under Article 96 of the ACP-EC Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC Partnership Agreement, implemented in advance by Decision
No 1/2000 of the ACP-EC 1Council of Ministers, and in particular Article 96 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,  as  provisionally
applied  by  decision  of  the  representatives  of  the  governments  of  the  Member  States  on
18 September 2000, and in particular Article 3 thereof

Having regard to the proposal from the Commission

Whereas:

On the basis of Council Decision 2002/131/EC2, the provision of financial aid to Haiti
(1) 
is partially suspended as "appropriate measures" pursuant to Article 96(2)(c) of the ACP-EC
Partnership Agreement.

The  Decision  expires  on  31  December  2002  and  requires  a  review  of  the  measures

(2) 
before this date.

Democratic principles are still not upheld in Haiti. However, certain actions deserve to

(3) 
be supported and cooperation of benefit to the Haitian people has to be maintained,

HAS DECIDED AS FOLLOWS:

Decision 2002/131/EC is amended as follows:

Article 1

Article 3 shall be amended as follows: the date of 31 December 2002 mentioned in the

1) 
second and third sub-paragraph shall be replaced by that of 31 December 2003.

2) 

The Annex shall be replaced by the text of the Annex to this Decision.

1 
2 

OJ L 195, 01.08.2000 p.46
OJ L 47, 19.02.2002, p.34

4

                                                
This Decision shall take effect the day of its adoption.

Article 2

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

Done at Brussels, …

For the Council
The President

5

ANNEX

Draft letter

Dear Sir,

The  European  Union  attaches  great  importance  to  Article  9  of  the  ACP-EC  Agreement.
Democratic principles and the rule of law, on which the ACP-EC partnership is founded, are
essential elements of the Agreement and thus form the cornerstone of our relations.

By letter of 31  January  2001,  the Union  expressed  its  regret  that  no  satisfactory  solution  to
remedy  the  violation  of  the  Haitian  electoral  law  had  been  found  It  informed  you  of  the
appropriate  measures  taken  as  foreseen  in  Article  96(2)  (c)  of  the  ACP-EC  partnership
agreement. In its letter of … , the Union reviewed its  decision  of  29  January 2001 to  allow
that  all  the  cooperation  instruments  affected  by  these  measures  be  gradually  reactivated
subject to the achievement of objectives as regards the electoral process.

Today,  after  more  than  two  years  of  political  crisis,  the  Union  considers  that  democratic
principles  are  still  not  upheld  in  Haiti.  However,  it  recognizes  numerous  efforts  in
contribution  to  the  search  for  a  solution  to  this  crisis,  and  in  particular  those  of  the
Organisation of American States (OAS) and of the Caribbean Community (CARICOM), and
it reaffirms its wish to support these efforts. It welcomes the commitment of the Government
of Haiti to give increased priority to the restoration of a climate of security and of confidence
in the country, including the completion of inquiries into all politically motivated crimes and
the  strengthening  of  the  disarmament  programs.  It  encourages  the  Government  to  translate
this  commitment  into  concrete  actions.  The  European  Union  is  worried  about  the
socioeconomic situation in Haiti and reaffirms its wish to continue cooperation of benefit to
the Haitian people.

In the light of these elements, the Council of the European Union reviewed its decision of 21
January 2002 and decided to review the appropriate measures referred to in Article 96(2) (c)
of the Agreement as follows:

(a) Release of first tranche under the 8th EDF and provision of the second tranche under the
8th EDF for programmes that  are of direct benefit  to  the  Haitian  people,  to  strengthen  civil
society and the private sector, and to support democratisation and the electoral process

(b) The allocation of resources for the 9th EDF will not be notified and the corresponding NIP
will not be signed while this decision is valid.

The  Union  will  follow  further  developments  in  the  democratization  process  closely,  in
particular  the  achievement  of  the  steps  towards  general  and  local  elections,  such  as  the
constitution  of  the  provisional  electoral  council  and  the  setting  up  of  a  electoral  guarantees
committee.  All  the  cooperation  instruments  affected  by  these  measures  will  gradually  be
reactivated on the basis of the advancement of the electoral process. This includes a possible
budgetary  support  conditioned  to  the  resumption  of  cooperation  with  the  international
financial institutions.

The Union is ready to review its Decision if there are encouraging developments. It reiterates
its readiness to engage in enhanced political dialogue.

Please accept, Sir, the assurance of my highest consideration.

For the Commission

For the Council

6