Proposal for a Council Decision Extending the duration of Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
Date: 2003-01-27
Institutions: European Commission
Subjects: ACP-EU Convention, Zimbabwe, freedom of expression, human rights, international sanctions, political violence

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.1.2003
COM(2003) 35 final

2003/0014 (ACC)

Proposal for a

COUNCIL DECISION

Extending the duration of Decision 2002/148/EC concluding consultations with
Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

(presented by the Commission)

1.

2.

3.

4.

EXPLANATORY MEMORANDUM

On  18  February  2002,  the  Council  of  the  European  Union  decided  to  take
"appropriate  measures"  following  the  conclusions  of  the  consultations  held  under
Art.  96  of  the  ACP-EC  Partnership  Agreement1.  These  measures  included  the
suspension of financing of budgetary support and support for projects, as well as the
suspension  of  the  signature  of  the  9th  EDF  National  Indicative  Programme,  but
explicitly did not affect the contributions to operations of humanitarian nature2. They
also included the suspension of Article 12 of Annex 2 to the Partnership Agreement,
concerning  current  payments  and  capital  movements,  in  so  far  as  required  for  the
application of further restrictive measures, and in particular the freezing of funds.

The stated reason for introducing these measures was the serious violations of human
rights  and  of  the  freedom  of  opinion,  of  association  and  of  peaceful  assembly.  A
more immediate reason was the attempts by the Government of Zimbabwe to prevent
free and fair elections, notably by refusing access for international election observers
and for the media.

According to Article 2 (3) of the Decision of 18 February 2002, the measures shall
apply for a period of twelve months. According to the same provision, the measures
were  to  be  reviewed  after  a  period  of  six  months.  According  to  the  letter  to  the
President  of  Zimbabwe  contained  in  annex  to  the  decision,  the  measures  will  be
revoked once conditions prevail which  ensure respect  for human  rights, democratic
principles and the rule of law.

The  period  since  the  introduction  of  the  appropriate  measures  has  not  seen  any
progress in the five issues earmarked by the Art. 96 consultations3. On the contrary,
the situation has deteriorated as illustrated by the following developments:

(cid:1)  The  March  general  elections,  September  district  elections  and  recent  by-elections  have
taken place under circumstances which did not allow them to be considered free nor fair.

(cid:1)  Last August Government, which signals a general reassertion of the hard-line approach as
the  main  objective  seemed  to  be  the  removal  (Finance  Minister  Makoni)  and  sidelining
(Home  Affairs  Minister  Nkomo)  of  the  most  reformist  and  liberal  minded  Cabinet
members.

(cid:1)  The political conflict between the ruling ZANU (PF) and the opposition MDC and the end

of any kind of the inter-party dialogue.

1  Council  Decision  2002/148/EC  (OJCE  L50/64  of  21.02.2002).  Simultaneously,  the  Council  adopted  also
Council  Common  Position  2002/145/CFSP  and  Council  Regulation  (EC)  N°310/2002  concerning  certain
restrictive measures in respect of Zimbabwe(OJCE L50/1-12of 21.02.2002). With these acts, it imposed certain
restrictive measures such as a prohibition of arms supply, a travel ban and a freezing of assets against members
of the Government and other persons "engaged in activities that seriously  undermine  democracy,  respect  for
human rights and the rule of law in Zimbabwe".

2 A restructuring of EC portfolio exercise is being implemented.
3Art.  96  consultations  were  open  with  a  view  to  agreeing  on  measures  to  be  taken  by  the  Government  of
Zimbabwe to remedy the situation, in particular on five issues (end to all official tolerance to political violence;
early invitation to international partners to support and observe coming elections and full access to that end;
protection of the freedom of mass media; independence of the judiciary and the respect  for its decisions and
end to illegal occupation of properties).

2

                                                
(cid:1)  The  Government’s  determination  to  finalise  the  fast  track  land  reform  and  the  continued

eviction of farmers instead of putting an end to illegal occupations.

(cid:1)  The  recent  legislation  restricting  the  freedom  of  speech,  assembly  and  association
(affecting negatively some targeted groups as political opposition, independent media and
NGO’s).

(cid:1)  The continued violence and intimidation mainly linked to by-elections, distribution of food

aid and implementation of the fast track land reform.

5.

6.

7.

8.

9.

Moreover,  no  significant  progress  has  taken  place  either  on  the  ground,  or  through
subsequent  contacts  (EU  troika  demarche  in  SADC  capitals  on  May  2002  and
numerous  diplomatic  contacts),  or  through  other  initiatives  seeking  to  influence
events (Commonwealth and SADC).

The  Council  Decision,  applying  for  one-year  period  since  its  publication  at  OJCE,
was reviewed in July 2002. The Council, at its meeting of 22.07.2002, concluded that
“current conditions in Zimbabwe do not ensure respect for human rights, democratic
principles and the rule of law”. Therefore, these measures continued unchanged.

Given  the  deterioration  of  the  situation4  and  that  there  are  no  signals  and/or
commitments from the Government of Zimbabwe that significant progress has been
achieved  and/or  measures  are  going  to  be  taken  to  remedy  the  situation  in  the  five
main areas of concern, a lifting or easing of the appropriate measures does not seem
justified.

For this reason, the Commission considers that the decision should be extended for a
further  period  of  12  months.  Given  that  the  proposed  decision  concerns  only  an
extension  of  the  existing  appropriate  measures  without  any  modifications,  it  is  not
necessary  to  reopen  consultations  with  Zimbabwe  under  Article  96  of  the  Cotonou
Agreement

The decision is to be kept under constant review and the measures should be revoked
once conditions prevail which ensure respect for human rights, democratic principles
and the rule of law. The European Union should reserve the right to take additional
measures.

Conclusion

10.

In  the  light  of  the  above,  the  Commission  proposes  to  the  Council  to  adopt  the
attached decision.

4 A report from HoM in Harare, expected by January 2003, will further provide an updated detailed assessment

of the situation.

3

                                                
2003/0014 (ACC)

Proposal for a

COUNCIL DECISION

Extending the duration of Decision 2002/148/EC concluding consultations with
Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 300(2), second subparagraph 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 signed in Cotonou on
23 June 2000 5, as put into provisional application by Decision of the Representatives of the
Governments of the Member States of 18 September 2000, and, in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) With  Council  Decision  2002/148/EC  6,  the  consultations  with  the  Republic  of
Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement7 were closed
and appropriate measures, as specified in the annex to the decision were taken

(2)

(3)

According to its Article 2 (3), the decision will cease to apply on 21 February 2003.

The  essential  elements  cited  in  Article  9  of  the  ACP-EC  Partnership  Agreement
continue to be violated by the Government of Zimbabwe and the current conditions in
Zimbabwe do not ensure respect for human rights, democratic principles and the rule
of law.

(4)

The period during which the decision is applicable should therefore be extended.

HAS DECIDED AS FOLLOWS:

Article 1

Paragraph 3 of Article 2 of Decision 2002/148/EC shall be replaced by the following:

“These  measures  shall  apply  for  a  period  of  twenty-four  months.  They  shall  be  kept  under
constant review”.

5 OJ L 317, 15.12.2000, p. 376.
6 OJ L 50, 21.2.2002, p. 64.
7 OJ L 317, 15.12.2000, p. 3.

4

                                                
The  letter  appearing  in  annex  to  this  Decision  shall  be  addressed  to  the  President  of
Zimbabwe.

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the
European Communities.

Done at Brussels,

For the Council
The President

5

ANNEX

Brussels,

LETTER TO THE PRESIDENT OF ZIMBABWE

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 are the basis of our relations.

By  letter  of  19  February  2002,  the  Union  informed  you  of  its  decision  to  conclude  the
consultations held under Article 96 of the ACP-EC Partnership Agreement and to take certain
‘appropriate measures’ within the meaning of Article 96(2)(c) of that Agreement.

Today,  after  more  than  12  months  and  various  mediation  attempts,  the  European  Union
considers that democratic principles are still not upheld in Zimbabwe and that no significant
progress has been achieved by the Government of Zimbabwe in the five fields addressed by
the February Council Decision (end of politically motivated violence, free and fair elections,
freedom of the media, independence of the judiciary, end of illegal occupations).

In the light of the above, the European Union does not consider that the appropriate measures
can be revoked.

The measures will only be  revoked once conditions prevail which ensure respect for human
rights, democratic principles and the rule of law. Moreover, the European Union reserves the
right to take additional restrictive measures.

The European  Union  will  closely  follow  developments  in  Zimbabwe  and  would  once  again
like  to  emphasise  that  does  not  wish  to  penalise  the  Zimbabwean  people  and  will  continue
with its contribution to operations of a humanitarian nature and projects in direct support to
the population, in particular those in social sectors, which are not affected by theses measures.

The European Union desires to pursue the dialogue with Zimbabwe, on the basis of the ACP-
EC Partnership Agreement, and hopes that you will do everything you can to restore respect
for  the  essential  principles  of  the  Partnership  Agreement,  thereby  enabling  all  co-operation
instruments to be resumed in the near future.

Yours faithfully,

For the Commission

For the Council

6