Communication from the Commission to the Council concerning the opening of consultations with Guinea-Bissau under Article 96 of the Cotonou Agreement
Date: 2003-12-17
Institutions: European Commission
Subjects: EU policy, Guinea-Bissau, consultation procedure, cooperation policy, coup d'état, democratisation, political situation, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.01.2004
COM(2003)824 final/2

CORRIGENDUM
Annule et remplace la p. 4 des versions
EN et DE du COM(2003)824 final
du 17.12.2003

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

concerning the opening of consultations with Guinea-Bissau under Article 96 of the
Cotonou Agreement

EN

  EN

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

concerning the opening of consultations with Guinea-Bissau under Article 96 of the
Cotonou Agreement

The  presidential  and  general  elections  held  in  Guinea-Bissau  in  1999/2000  were  won  by
President  Kumba  Yala  and  his  party  took  the  largest  number  of  seats  in  Parliament.  In  the
ensuing  three  years  the  country  has  experienced  extreme  governmental  instability;  and
throughout  this  year  matters  have  in  fact  worsened,  with  a  failure  to  promulgate  the  new
constitution,  the  dissolution  of  parliament,  conflicts  between  the  executive  and  the  judicial
branches and repeated postponements of general elections. This formed the background to the
coup  d’état  on  14  September  2003.  The  EU  issued  a  statement  affirming  its  opposition  to
unconstitutional  seizure  of  power  and  noting  the  Military  Council’s  intention  to  ensure  a
prompt return to constitutional order and civilian rule in the country.

President Kumba Yala resigned on 17 September 2003 and transitional arrangements were set
up following an extensive consultation process. A transitional charter signed on 28 September
2003 by the Military Committee for the Restoration of Constitutional and Democratic Order,
most political parties and civil society organisations provides for general elections within six
months and presidential elections twelve months after that. During those eighteen months the
country will be led by the acting president and the Military Committee. A Prime Minister has
been appointed and a transitional government made up of wholly  civilian public figures  has
been formed. The Transitional Council, which is acting as the legislative authority, is made up
of members of the Military Committee and other signatories to the Charter. This Council is to
be dissolved when the newly elected members of parliament take their seats. No date has yet
been fixed for the general elections, which are supposed to take place before the end of March
2004.

Article  9(2)  of  the  ACP-EC  Partnership  Agreement  signed  in  Cotonou  on  23  June  2000,  to
which the Republic of Guinea-Bissau is a signatory, defines the essential elements on which
the partnership is based.  Respect  for  democratic  principles  and  the  rule  of  law  are  essential
principles on which internal and international policies are based. In keeping with this clause,
and in the light of the way in which power changed hands in Guinea-Bissau, the Commission
considers that a dialogue with the country’s new authorities is necessary in order to clarify a
number of points subject to consultations in accordance with Articles 9 and 96 of the Cotonou
Agreement, namely:

(1) 

(2) 

(3) 

the  organisation  and  conduct  of  general  elections  with  particular  reference  to  their
timing and voter eligibility;

the  progress  of  the  emergency  programme  set  out  in  the  transitional  charter  with  a
view  to  a  resumption  of  economic  and  financial  activity  in  the  country,  and  in
particular progress towards consolidation of public finances;

progress  towards  a  return  to  an  independent  justice  system  and  undertakings
concerning  the  submission  of  the  armed  forces  to  civilian  rule  once  constitutional
order is re-established.

A dialogue would give the Guinea-Bissau authorities an opportunity to state their case on the
above  points  and  allow  the  Commission  to  see  whether,  on  that  basis,  it  could  support  the

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country’s efforts at improving compliance with Article 9(2) of the Cotonou Agreement.

The Commission therefore proposes that the Council invite the Republic of Guinea-Bissau for
consultations under Articles 9 and 96 of the Cotonou Agreement, in accordance with the draft
letter attached.

The Commission proposes that cooperation  activities under way under  the  6th,  7th,  8th  and
9th  EDFs  should  continue  during  the  consultation  period  on  condition  that  the  special
conditions of financing agreements under way are observed.

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ANNEX

Brussels,

H.E. Mr Antonio Artur Sanha

Prime Minister of the Republic of Guinea-Bissau

Bissau

Guinea-Bissau

DRAFT

Sir,

In  a  statement  issued  on  18  September  2003  condemning  the  coup  in  Guinea-Bissau  the
European Union reiterated its opposition to unconstitutional seizure of power.

It also took note of the announcement by the Military Committee of its intention to ensure a
prompt return to constitutional order and civilian rule in the country.

In accordance with Article 96 of the Cotonou Agreement, we have the honour, on behalf of
the  Community  and  the  Member  States  of  the  European  Union,  to  invite  your  country  for
consultations in order, as provided for in the Agreement, to study the situation in depth and,
where  necessary,  take  steps  to  remedy  it.  The  EU  for  its  part  will  undertake  these
consultations in a spirit of dialogue.

The consultations will provide an opportunity for Guinea-Bissau to present the Government’s
transition  programme,  with  particular  reference  to  its  plans  for  a  general  election,
consolidation of public finances, a return to an independent justice system and restoration of
civilian control over the armed forces. I propose that these consultations take place in the near
future, at a date to be agreed jointly, in the building of the Council of the European Union.

I have the honour to be, Sir, yours faithfully,

For the Council

Copies:

–  The Chairman of the ACP Committee of Ambassadors

–  The Secretary-General of the ACP Group

For the Commission

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