Proposal for a Council Decision Amending Decision 2001/131/EC concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement
Date: 2004-06-29
Institutions: European Commission
Subjects: Haiti, cooperation agreement (EU), democracy, economic sanctions, election, public safety, suspension of aid

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.6.2004 
COM(2004) 454 final 

Proposal for a 

COUNCIL DECISION 

Amending Decision 2001/131/EC concluding the consultation procedure with Haiti 
under Article 96 of the ACP-EC Partnership Agreement 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Since  the  flawed  elections  of 2000,  the EU and other leading  donors  in the  Caribbean have 
decided to review, alter or stop providing aid to Haiti, since it was considered that respect for 
democratic principles and the rule of law were not upheld in that country. The partial or total 
suspension of aid was considered at that time to be the best instrument that the international 
community had to call the Haitian authorities to reason and force them to organise new free 
and fair elections. 

As  far  as  the  EU  is  concerned,  considering  the  situation  as  non-complying  with  the 
democratic principles of the Cotonou agreement, the Council of the European Union decided 
on 29 January 2001, in accordance with Article 96(2) (c) of the Cotonou Agreement, to adopt 
appropriate measures concerning the reorientation of our co-operation with Haiti. According 
to  these  “appropriate  measures”  EC  aid  to  Haiti  is  partially  suspended  (no  direct  budget 
support to the Haitian Government), no notification of the 9th EDF funds (239 M€) and the 
remaining  funds  under  the  8th  EDF  (84.4  M€)  are  redirected  to  the  direct  benefit  of  the 
Haitian  people.  Actions  to  strengthen  civil  society  and  the  private  sector,  to  support 
democratisation  and  strengthen  the  rule  of  law,  to  fight  poverty,  to  give  humanitarian  and 
emergency  assistance  are  being  pursued.  The  EU  has  conditioned  the  normalisation  of  its 
relations  with  Haiti  to  the  fulfilment  of  the  conditions  and  measures  foreseen  in  the  OAS 
Resolution 822 in regard with the organisation of free and fair elections. 

The  2001  Decision  was  reviewed  and  effectively  reconducted  by  Decision  2002/131/EC  on 
January 21 2002, Decision 2003/53/EC on 10 January 2003 and Decision 2003/916/EC on 22 
December 2003. The current Decision expires on December 31, 2004, and requires a review 
of  these  measures  within  six  months.  Furthermore,  recent  political  developments  in  Haiti 
require a review of the overall situation of our co-operation with that country.  

In February 2004, the situation in Haiti deteriorated dramatically with significant escalation in 
violence and bloodshed which led to the eventual resignation and departure from the country 
of  President  Aristide  on  29  February  2004.  Haiti's  Supreme  Court  Chief  Justice,  Boniface 
Alexandre,  has  been  sworn  in  on  29  February  2004  as  the  nation's  interim  President  as 
mandated  by  Haiti's  constitution.  An  Interim  Government,  led  by  Gerard  Latortue  and 
composed  of  technocrats,  was  sworn  in  on  17  March  2004.  The  interim  Government  has 
proposed 
the 
to  conduct  free  and  fair  elections  within  18  months  according 
CARICOM/OAS  plan  and  in  3  phases:  local  elections  during  spring  2005,  then  legislative 
(parliamentary elections) during summer 2005 and finally Presidential elections in fall 2005. 
The  Interim  Government  of  Haiti  has  committed  itself  to  give  increased  priority  to  the 
restoration of a climate of security and of confidence in the country. The carrying out of this 
commitment  by  concrete  action  is  considered  crucial  to  restore  the  democratisation  in  the 
country.  

to 

UN  Resolutions  dated  29  February  2004  and  30  April  2004,  approved  respectively  the 
creation of a Multinational Interim Force followed by a Stabilisation Force, which would take 
over on June 1 under Brazilian leadership, to help stabilise the security situation and support 
the interim Government in the democratisation process.  

International Donors and the Interim Government agreed to launch a joint needs assessment 
exercise  (Interim  Cooperation  Framework:  ICF)  to  define  short  and  medium  term  priority 
needs  of  the  country.  The  European  Commission  is  taking  a  lead  role  in  this  exercise.  The 

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final  results  of  the  multi-donor  assessment  mission  and  the  donor’s  commitments  will  be 
made  available  at  a  pledging  conference  in  July  2004  presenting  a  carefully  calculated  and 
coordinated national reconstruction plan. 

On the recommendation of the Council Latin America Working Group (COLAT), discussions 
between Commissioner Nielson and Interim Prime Minister Latortue have taken place on 12 
May  2004  in  Brussels.  By  letter1  of  25  May  2004,  Prime  Minister  Latortue  confirmed  the 
commitments  of  the  Haitian  Interim  Government  in  view  of  the  return  of  the  country  to 
constitutional democratic governance, including the conduct of free and fair elections within 
18  months  in  3  phases:  local  elections  during  spring  2005,  then  legislative  (parliamentary 
elections) during summer 2005 and finally Presidential elections in fall 2005. 

Taking into account the above mentioned elements, the European Union should give itself the 
means of an adequate and comprehensive response. e should support the Haitian people and 
the  Haitian  Government  in  the  recovery  process  by  supporting  developmental  activities  in 
favour of the population and defined as priorities in the context of the ICF. We should also 
provide  the  means  to  support  the  democratisation  process  and  notably  by  providing  support 
for  the  organisation  of  elections.  Finally  the  appropriate  measures  must  also  reflect  the 
Commission’s attachment to the essential elements of democracy, human rights and the rule 
of  law,  enshrined  in  the  Cotonou  agreement  and  send  a  powerful  signal  to  the  Government 
that  while  we  welcome  their  commitment  towards  democratisation  we  will  be  watchful  and 
insistent on their maintaining the declared calendar and delivering on these commitments. The 
return to full regular co-operation would thus accompany the return to full democratic rule in 
accordance with the Government’s commitments to free and fair elections in 2005. 

It is therefore proposed to review the appropriate measures as follows:  

(1) 

(2) 

(3) 

(4) 

the re-direction of the remaining funds under the eighth European Development (EDF) 
to  programmes  that  are  of  direct  benefit  to  the  Haitian  people,  to  strengthen  civil 
society and the private sector, and to support democratisation, the strengthening of the 
rule  of  law  and  the  electoral  process,  will  be  continued  and  can  also  include  actions 
determined  as  short  and  medium  term  priorities  in  the  Interim  Co-operation 
Framework  –  ICF  –  established  in  close  co-operation  between  the  Interim 
Government, civil society and major donors; 

the allocation of resources under the 9th EDF will be notified upon publication of this 
Decision in the Official Journal of the European Union; (with the possibility of using 
the B-envelope in advance of the signature of the 9th EDF CSP/NIP, according to real 
needs.) 

discussions on the programming of the 9th EDF resources will start with the National 
Authorising Officer in view of the preparation of the Country Strategy Paper and the 
National Indicative Programme (NIP). The strategy will take account of the results of 
the Interim Co-operation Framework; 

the  signature  of  the  NIP  will  take  place  with  the  new  democratically  elected 
Government  of Haiti following national elections respecting the OAS resolution  822 
and  accepted  as  free  and  fair  by  the  competent  Haitian  institutions  and  by  the 

1 

Copy of letter is attached. 

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International Community. It is noted that national elections are expected by mid 2005 
at the latest;  

(5) 

contribution  to  regional  projects,  operations  of  a  humanitarian  nature  and  trade  co-
operation are not affected. 

These measures will expire on 31 December 2005, but could be reviewed and lifted after the 
planned elections have effectively been held. 

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Proposal for a 

COUNCIL DECISION 

Amending Decision 2001/131/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 Agreement2, which entered into  force on  1 April 
2003, and in particular Article 96 thereof, 

Having regard to the Internal Agreement between the representatives of the governments of 
the Member States, meeting with the Council, on measures to be taken and procedures to be 
followed  for  the  implementation  of  the  ACP-EC  Partnership  Agreement3,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  the  basis  of  Decision  2001/131/EC4,  the  provision  of  financial  aid  to  Haiti  is 
partially suspended as “appropriate measures” pursuant to Article 96(2)(c) of the ACP-
EC Partnership Agreement. 

The Decision 2003/916/EC expires on 31 December 2004 and requires a review of the 
measures within six months. 

On 12 May 2004 discussions have taken place between the European Commission and 
the Interim Prime Minister of Haiti to take stock of the political agenda of the Interim 
Government  in  relation  to  the  restoration  of  full  democratic  and  constitutional  rule, 
including  the  election  timetable,  with  due  respect  for  human  rights  and  fundamental 
freedom. 

By letter of 25 May 2004, the Interim Prime Minister of Haiti confirmed the specific 
commitments  of  the  Haitian  Interim  Government  to  comply  with  the  essential 
elements  of  Article  9  of  the  Cotonou  Agreement,  particularly  as  regards  the  human 
rights situation, democratic principles and the rule of law in view of the return of the 
country to full constitutional and democratic rule. 

2 
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4 

OJ L 317, 15.12.2000, p.3. Agreement as amended by Decision No 1/2003 (OJL 141, 7.6.2003, p.25).  
OJL 317, 15.12.2000, p. 376. 
OJL 48, 17.2.2001, p. 31. Decision as last amended by Decision 2003/53/3C (OJL 20, 24.1.2003, p. 23) 

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HAS DECIDED AS FOLLOWS: 

Decision 2001/131/EC is hereby amended as follows: 

Article 1 

(1) 

In the second and third paragraphs of Article 3, the date of 31 December 2004 shall be 
replaced by “31 December 2005” 

(a) 

In  the  second  paragraph  “31  December  2004”  shall  be  replaced  by 
“31 December 2005”; 

(2) 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Letter to be addressed to the Government of Haiti 

Dear Sir, 

The European Union attaches great importance to the provisions of Article 9 of the Cotonou 
Agreement.  The  ACP-EC  Partnership  is  founded  on  respect  for  human  rights,  democratic 
principles and the rule of law, these are essential elements of the above Agreement and thus 
form the basis for relations between us. 

In  this  respect,  the  European  Union  has  followed  closely  the  recent  transition  in  Haiti, 
especially  as  regards  the  designation  of  the  new  Interim  Government  of  Haiti,  which  was 
sworn  in  on  17  March  2004  following  an  extensive  consultation  process  based  on  the 
CARICOM/OAS plan. 

On  12  May  2004,  discussions  took  place  in  Brussels  between  you  and  the  European 
Commission  with  a  view  to  examining  the  political  agenda  of  the  Interim  Government  in 
relation  to  the  restoration  of  democratic  and  constitutional  rule.  The  European  Union  took 
note  of  your  commitments  particularly  as  regards  the  improvements  of  the  human  rights 
situation,  the  establishment  of  democratic  principles  including  the  holding  of  free  and  fair 
elections, the rule of law and good governance, as stated in your letter of 25 May 2004 to the 
European  Commission.  Those  commitments  should  lead  in  due  course  to  greater  political 
stability  in  Haiti.  The  European  Union  strongly  urges  the  Interim  Government  to  translate 
these  commitments  rapidly  into  concrete  actions  to  ensure  that  the  democratisation  process 
becomes an integral part of the Haitian political, economic and social life, thereby ensuring 
compliance with Article 9 of the Cotonou Agreement. 

In the light of these elements, the Council of the European Union reviewed its decision of 22 
December 2004 and decided to review the appropriate measures referred to in Article 96(2)(c) 
of the Agreement as follows: 

(1) 

(2) 

(3) 

(4) 

the re-direction of the remaining funds under the eighth European Development (EDF) 
to  programmes  that  are  of  direct  benefit  to  the  Haitian  people,  to  strengthen  civil 
society and the private sector, and to support democratisation, the strengthening of the 
rule  of  law  and  the  electoral  process,  will  be  continued  and  can  also  include  actions 
determined  as  short  and  medium  term  priorities  in  the  Interim  Co-operation 
Framework  –  ICF  –  established  in  close  co-operation  between  the  Interim 
Government, civil society and major donors; 

the allocation of resources under the 9th EDF will be notified upon publication of this 
Decision in the Official Journal of the European Union; 

discussions on the programming of the 9th EDF resources will start with the National 
Authorising Officer in view of the preparation of the Country Strategy Paper and the 
National Indicative Programme (NIP). The strategy will take account of the results of 
the Interim Co-operation Framework. 

the  signature  of  the  NIP  will  take  place  with  the  new  democratically  elected 
Government  of Haiti following national elections respecting the OAS resolution  822 
and  accepted  as  free  and  fair  by  the  competent  Haitian  institutions  and  by  the 

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International Community. It is noted that national elections are expected by mid 2005 
at the latest;  

(5) 

contribution  to  regional  projects,  operations  of  a  humanitarian  nature  and  trade  co-
operation are not affected. 

It is essential for the success of the co-operation to ensure a strengthened absorptive capacity 
for  aid,  which  is  currently  lacking,  through  good  governance  and  aid  management  capacity 
building measures. The modalities of implementation will be those adapted to the Country’s 
capacity for adequate management of public finances. Furthermore, it is stressed that progress 
towards improving public management must go hand in hand with the implementation of co-
operation policy. 

The European Union will follow closely further developments in the democratisation process, 
in  particular  in  relation  to  the  achievement  of  the  commitments  of  the  Interim  Government 
and  the  steps  towards  local,  national  and  presidential  elections.  The  Union  reiterates  its 
readiness to continue enhanced political dialogue with the Haitian Interim Government. 

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

For the Commission 

For the Council 
The President 

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ANNEX II 

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