Proposal for a Council Decision extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
Date: 2004-01-30
Institutions: European Commission
Subjects: ACP-EU Convention, Zimbabwe, democracy, economic sanctions, human rights, international sanctions, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.1.2004
COM(2004) 46 final

Proposal for a

COUNCIL DECISION

extending the period of application of the measures in Decision 2002/148/EC concluding
consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

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(presented by the Commission)

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EXPLANATORY MEMORANDUM

On  18  February  2002,  the  Council  of  the  European  Union  decided  to  take
“appropriate  measures”  against  Zimbabwe1  following  the  conclusion  of  the
consultations  held  under  Article  96  of  the  ACP-EC  Partnership  Agreement2
.  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  a
humanitarian  nature  and  projects  in  direct  support  to  the  population,  in  particular
those in social sectors, democratisation, respect for human rights and the rule of law.
They  also  included  the  suspension  of  Article  12  of  Annex  2  to  the  ACP-EU
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 Zimbabwean government 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
will  be  revoked  once  conditions  prevail  which  ensure  respect  for  human  rights,
democratic principles and the rule of law.

On  18  February  20033,  the  Council,  taking  into  account  that  the  essential  elements
cited in Article 9 of the ACP-EC Partnership Agreement continued to be violated by
the Government of Zimbabwe and that the conditions in this country did not ensure
respect for human rights, democratic principles and the rule of law, decided to extend
for  an  additional  period  of  12  months  until  20  February  2004,  the  appropriate
measures against Zimbabwe.

Cf. Council Decision 2002/148/EC (OJCE L 50/64 of 21.02.2002. Furthermore (see GAC Conclusions
of 18 February 2002) the Council adopted as well targeted CFSP sanctions (Council Common Position
2002/145/CFSP  and  Council  Regulation  (EC)  N°310/2002  concerning  certain  restrictive  measures  in
respect of Zimbabwe; OJCE L 50/1-12).
Art. 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).
Cf. OJEU, L46 of 20.02.2003.

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Since February 2003 there has no been any progress on the five issues earmarked by
the  Article  96  consultations.  On  the  contrary,  the  current  situation  in  Zimbabwe
continues being a matter of great concern. During this last year, several reports from
the  Heads  of  Missions4  in  Harare  have  provided  detailed  information  on  the
deterioration of the situation.

Due to the fact that there are no commitments from the Government of Zimbabwe to
take tangible measures to remedy the situation in the five main areas of concern, any
lifting or even easing of the appropriate measures does not seem justified. Expanding
them  should  also  be  excluded  in  order  to  avoid  a  likely  negative  impact  on  the
Zimbabwean population.

For this reason, the Commission considers that the decision should be extended for a
further  period  of  12  months  from  the  20  February  2004.  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
Art. 96 of the ACP-EU Partnership 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. Moreover, the European Union should reserve the right to take
additional measures.

Conclusion

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

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Cf. HOMS report of 03.02.2003 on human rights situation in Zimbabwe; HOMS report of 06.02.2003
on  06.02.2003  on  the  situation  in  Zimbabwe;  HOMS  report  of  02.05.2003  on  torture  in  Zimbabwe;
HOMS  report  of  09.05.2003  on  benchmarks  for  dialogue  with  Zimbabwe;  HOMS  update  report  of
15.05.2003  on  human  rights  in  Zimbabwe;  HOMS  report  of  02.09.2003  on  food  distribution  in
Zimbabwe; HOMS report of 30.10.2003 on Daily News issue.

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Proposal for a

COUNCIL DECISION

extending the period of application of the measures in 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  Agreement5  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,  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)

(2)

(3)

By Council Decision 2002/148/EC6, the consultations with the Republic of Zimbabwe
under  Article  96(2)(c)  of  the  ACP-EC  Partnership  Agreement  were  closed  and
appropriate measures, as specified in the Annex to that decision were taken.

By  Council  Decision  2003/112/EC7,  the  application  of  the  measures  referred  to  in
Article 2 of Council Decision 2002/148/EC has been extended for a further period of
12  months.  In  accordance  with  its  Article  1,  the  measures  would  cease  to  apply  on
20 February 2004.

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 of application of the measures should therefore be extended.

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OJ L 317, 15.12.2000, p. 376.
OJ L 50, 21.2.2002, p. 64.
OJ L 46, 20.2.2003, p. 25.

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HAS DECIDED AS FOLLOWS:

Article 1

The application of the measures referred to in Article 2 of Decision 2002/148/EC, which were
extended until 20 February 2004 by Council Decision 2003/112/EC, shall be extended for a
further period of 12 months, until 20 February 2005. They shall be reviewed regularly and at
least within six months.

The  letter  appearing  in  the  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 Union.

Done at Brussels, […]

For the Council
The President

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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 European 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.

By letter of 19 February 2003, the European Union informed you of its decision not to revoke
the application of the ‘appropriate measures’.

Today,  after  a  further  12-month  period,  the  European  Union  considers  that  democratic
principles  are  still  not  upheld  in  Zimbabwe  and  that  no  progress  has  been  achieved  by  the
Government  of  Zimbabwe  in  the  five  fields  addressed  by  the  18  February  2002  Council
Decision (end of politically motivated violence, free and fair elections, freedom of the media,
independence of the judiciary, end of illegal farm 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.  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 it 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 of
the population, in particular those in social sectors, democratisation, respect for human rights
and the rule of law, which are not affected by these 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 and to put the country on the path of
social  peace  and  economic  recovery.  This  would  permit  the  lifting  of  the  suspension  of  the
signing  of  the  9th  EDF  National  Indicative  Programme  for  Zimbabwe,  thereby  making
possible the resumption of full co-operation instruments in the near future.

Yours faithfully,

For the Commission

For the Council

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