Communication from the Commission to the Council concerning the opening of consultations with the Togolese Republic under Article 96 of the Cotonou Agreement
Date: 2004-01-08
Institutions: European Commission
Subjects: EU relations, Lomé Convention, Togo, cooperation agreement (EU), democratisation, human rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 8.1.2004
COM(2003) 850 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

concerning the opening of consultations with the Togolese Republic
under Article 96 of the Cotonou Agreement

EN

  EN

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL

concerning the opening of consultations with the Togolese Republic
under Article 96 of the Cotonou Agreement

Article 9(2) of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000,
to which the Togolese Republic is a signatory,  defines  the  essential elements  on  which
the partnership is based. Respect for human rights, democratic principles and the rule of
law are the essential principles on which internal and international policies are founded.

Following  consultations  under  Article  366a  of  the  revised  Lomé  Convention,  initiated
after the counting of ballots in the presidential election of 21 June 1998 was halted, the
European  Union  decided  not  to  resume  cooperation  -  which  had  been  suspended  since
October  1992  -  because  the  Togolese  authorities  had  not  taken  the  necessary  steps  to
remedy the problems observed during the election. The decision did, however, stipulate
that the European Union would as far as possible avoid penalising civil society in Togo
and  would  help  to  promote  compliance  with  the  essential  elements  of  the  Lomé
Convention.

In July 1999, following a boycott of the legislative elections by the traditional opposition,
the EU appealed to the authorities to enter into a new dialogue with the opposition and
undertook  to  provide  backing  for  this  internal  dialogue.  The  dialogue  was  formally
embodied  in  the  Lomé  Framework  Agreement  (ACL)  and  initially  achieved  some
successes  such  as  a  new  electoral  code,  the  setting  up  of  an  Independent  National
Electoral  Commission  (CENI),  an  undertaking  by  the  President  of  the  Republic  not  to
stand  in  the  2003  presidential  election  and  another  to  bring  forward  the  legislative
elections to 2000. The EU then made the holding of democratic elections and respect for
human rights the conditions for resumption of cooperation with Togo.

However,  full  and  effective  implementation  of  the  ACL,  particularly  the  bringing
forward  of  the  legislative  elections,  was  undermined  by  the  Government  which
unilaterally amended the electoral code and the composition of the CENI. The traditional
opposition then boycotted the legislative elections of 30 October 2002 because they were
held  on  the  basis  of  an  electoral  framework  which  it  did  not  recognise.  The  EU's
démarches and declarations and calls by the international community for the Government
to adhere to the ACL had no positive effect so that the Union declared that the manner of
holding  the  elections  did  not  promote  a  national  democratic  process.  After  the
presidential election of 1 June 2003 the Union expressed serious concern about incidents
that  had  occurred  before,  during  and  after  the  election.  The  arrest  and  detention  of
activist members of the opposition and the intimidation of the private press gave further
cause for concern.

The  political  conditions  subject  to  which  cooperation  with  Togo  could  have  been
resumed have therefore not been fulfilled and no longer apply. As a result, Togo has not
received an allocation from the eighth EDF or notification of an amount under the ninth
EDF. Currently, two cooperation projects to be financed from the outstanding balances of
the  sixth  and  seventh  EDFs  (support  for  the  fourth  population  census;  support  for

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decentralised  management  of  the  environment)  are  still  awaiting  signature  pending
progress in the main fields preoccupying the Union.

Aware of the impasse in the dialogue with both the EU and the traditional opposition, the
Togolese  authorities  have  expressed  the  wish  to  resume  dialogue  with  the  European
Union. When they met on 2 October 2003 the Togolese Prime Minister, Mr Koffi Sama,
asked Commission President Prodi if he would not consider opening consultations under
Article  96  of  the  Cotonou  Agreement.  The  Prime  Minister  stated  that  the  Government
would seek to strengthen democracy and that he was prepared to work on democracy and
human rights and to apply acceptable solutions. He requested strong support from the EU
as backing for the process.

The  Commission  would  like  to  seize  this  opening  to  resume  the  dialogue  and,  like  the
Togolese  authorities  themselves,  considers  the  most  appropriate  legal  instrument  to  be
that  of  consultations  under  Article  96  of  the  Cotonou  Agreement.  Consequently  the
Commission  proposes  to  the  Member  States  that  consultations  should  begin  with  the
Togolese Republic to ascertain the latter's intentions with regard to engaging in genuine
dialogue  with  the  opposition  parties  and  representatives  of  civil  society  and  allowing
initiation of a true democratic process at all levels of society.  In line with the ACL, the
objective of this dialogue should be the full reinstatement of democracy and respect for
human  rights  and  fundamental  freedoms,  including  freedom  of  the  media.  The
consultations should also make it possible to set new political targets for Togo to achieve
in this process.

The consultations will also help decide whether the Decision of 14 December 1998 not to
resume cooperation should remain in force or whether new, appropriate measures should
be taken under Article 96 of the Cotonou Agreement.

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

While the consultations are under way, the Council Decision of 14 December 1998 not to
resume  cooperation  with  Togo  will  remain  in  force  although,  as  stipulated  in  the
Decision, every effort will be made not to penalise civil society.

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Brussels,
H.E. Mr Koffi Sam
Prime Minister of the Togolese Republic
Lomé
Togo

Your Excellency,

ANNEX

DRAFT

During  your  meeting  on  2  October  with  Mr  Prodi,  President  of  the  European  Commission,
you  expressed  the  Togolese  Government's  wish  to  resume  the  dialogue  with  the  European
Union, in the form of consultations under Article 96 of the Cotonou Agreement, in order to
discuss the process of democratisation and the human rights situation in Togo.

The  European  Union  shares  your  view  that  the  dialogue  begun  in  July  1999  between  the
Union and Togo did not achieve the desired results and that the situation needs to be reviewed
jointly to determine how the current political impasse can be resolved. The Union considers
that formal dialogue under Article 96 is the appropriate format.

Consequently, 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 European Union wishes in particular to know what the Togolese Republic intends to do
to initiate a genuine dialogue with the various opposition parties and representatives of civil
society  so  that  a  true  democratic  process  can  begin  with  a  view  to  full  restoration  of
democracy at all levels of society. The European Union also wishes to discuss the situation as
regards  human  rights  and  fundamental  freedoms,  including  freedom  of  the  media,  in  your
country  in  order  to  ascertain  what  the  Togolese  Government  has  done  to  improve  the
situation.

We  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 in Brussels.

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

For the Council

For the Commission

Copies:

Chairman of the ACP Committee of Ambassadors
Secretary-General of the ACP Group

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