Proposal for a Council Decision concluding consultations with Guinea under Article 96 of the Cotonou Agreement
Date: 2004-12-10
Institutions: European Commission
Subjects: Guinea, cooperation policy, democratisation, economic stabilisation, human rights, international agreement, rule of law, sustainable development, the EU's international role

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.12.2004 
COM(2004) 804 final 

Proposal for a 

COUNCIL DECISION 

concluding consultations with Guinea under Article 96 of the Cotonou Agreement 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

On  30  March  2004  the  European  Union  decided  to  open  consultations  with  Guinea  under 
Article 96 of the Cotonou Agreement. This decision was taken because of the deterioration of 
democracy and the rule of law, failure to respect human rights and fundamental freedoms and 
the  lack  of  good  economic  governance.  The  gradual  deterioration  of  the  democratic 
environment culminated in the presidential elections of December 2003, held in contentious 
conditions and without real electoral competition. 

The  meeting  opening  consultations,  initially  planned  for  15  April  2004,  was  held  on 
20 July 2004. During the meeting the European Union was pleased to note that Guinea made 
certain  undertakings  and  proposed  positive  steps  to  improve  the  climate  for  democracy  and 
the  rule  of  law  and  to  establish  the  structural  conditions  for  macroeconomic  stability  and 
sustainable  development  in  Guinea.  These  undertakings  were  set  out  in  the  memorandum 
which the Guinean government presented at the meeting. Briefly, they entailed: 

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a return to democracy through resumption of dialogue with the traditional opposition 
and civil society, including revision of the electoral arrangements; 

holding local and parliamentary elections based on the new electoral arrangements in 
June 2005 and June 2007 respectively; 

upholding the Constitution and the law, so guaranteeing respect for human rights and 
fundamental  freedoms,  including  the  rights  of  political  parties  to  organise,  meet, 
demonstrate  and  speak  in  public;  launching  discussion  on  a  legal  framework  for 
liberalisation of the airwaves; 

promoting decentralisation; 

enhancing macroeconomic management and implementing sectoral reforms. 

The  EU  emphasised  that  the  scope  of  the  undertakings  and  progress  in  implementing  them 
would be the decisive factor in determining the nature and scope of any appropriate measures 
adopted at the conclusion of the three-month period of dialogue and on-the-spot consultations.  

The conclusions of the meeting also provided that the EU would continue the dialogue with a 
view  to  ensuring  that  democracy  and  the  rule  of  law  in  Guinea  were  enhanced  as  fast  as 
possible, this being a prerequisite for a complete normalisation of relations. Ongoing dialogue 
was conducted between the Guinean government and EU representatives on the spot. 

The  Guinean  government  presented  a  progress  report  on  30  September  2004.,  following 
which  a  joint  mission  (EU  Presidency  and  the  Commission)  went  to  Conakry  and,  in 
collaboration  with  Member  States’  representatives  on  the  spot,  evaluated  implementation  of 
the undertakings. The undertakings were also communicated to the President of the National 
Assembly, the Economic  and Social Council, the members of the former National Electoral 
Council,  political  representatives,  representatives  of  civil  society,  including  the  press,  and 
ACP countries’ Ambassadors to Guinea. 

The mission found that the Guinean authorities showed great willingness both to continue and 
step up talks and to facilitate the EU mission. 

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It was also noted that the Guinean authorities had taken encouraging initiatives in relation to 
some undertakings. In particular: 

The  Government  showed  willingness 
to  resume  political  dialogue  with  political 
representatives with a view to revising electoral arrangements. The official ceremony marking 
the  resumption  of  dialogue  took  place  on  31  August  2004  and  an  inter-party  coordination 
office was set up to facilitate dialogue. 

The Government confirmed its decision to organise local elections in June 2005 and to step up 
decentralisation. A number of draft legislative texts were being drawn up which would, when 
the time came, be discussed with those involved in the process, and with donors. 

The  Government  confirmed  its  decision  to  organise  parliamentary  elections  within  the  time 
limits set by the Constitution, i.e. in June 2007. The Government expressed its willingness to 
consider the possibility of bringing forward the election date if the opposition so required and 
if there was a political consensus for this move among the political parties.  

The Government announced a timetable for liberalisation of the airwaves. 

The  Government  confirmed  measures,  with  a  timetable  for  implementation,  in  the  field  of 
macroeconomic management and sectoral reform. 

However, most of these undertakings are to be implemented over an extended period and it 
will  be  necessary  to  monitor  their  implementation  over  time.  A  number  of  points  also 
continue  to  give  rise  to  serious  concern  in  terms  of  democracy.  Despite  the  willingness 
expressed  by  the  government  and  the  opposition  to  engage  in  dialogue,  the  resumption  of 
dialogue is proving difficult. It is therefore hard for the government to set a timetable for the 
dialogue  and,  more  importantly,  for  revision  of  the  electoral  arrangements.  This  could 
endanger compliance with the undertakings to hold local and parliamentary elections. 

At the conclusion of the consultations, taking into account the initiatives noted thus far  and 
the important measures still to be put in hand, the Commission proposes adopting appropriate 
measures  under  Article  96(2)(c)  of  the  Cotonou  Agreement  as  set  out  in  the  attached 
Decision. The measures are proposed with a view to underpinning the process in recognition 
of  progress  made,  motivating  the  government  to  consolidate  this  progress  and,  above  all, 
speeding up performance of the undertakings concerning democratisation. 

An  enhanced  political  dialogue  will  be  conducted  with  the  Guinean  government  over  a  36-
month monitoring period in order to ensure that it continues on the path mapped out towards 
democracy and the rule of law and pursues and consolidates its efforts in the field of human 
rights  and  fundamental  freedoms.  This  dialogue  will  involve  the  EU  Presidency  and  the 
European  Commission  and  bi-annual  evaluations  will  be  carried  out  over  the  monitoring 
period. 

If  implementation  of  the  Guinean  authorities’  undertakings  speeds  up,  or  on  the  contrary 
breaks down, the EU reserves the right to adjust the appropriate measures by means of a new 
Council Decision amending this proposal.  

In view of the above, and in accordance with Articles 9 and 96 of the Cotonou Agreement, the 
Commission proposes that the Council conclude the consultations with Guinea and adopt the 
attached Decision. 

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Proposal for a 

COUNCIL DECISION 

concluding consultations with Guinea under Article 96 of the Cotonou Agreement  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000,1 
and in particular, Article 96 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,2  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the Commission,3 

Whereas: 

(1) 

(2) 

(3) 

The essential elements referred to in Article 9 of the ACP-EC Partnership Agreement 
have been violated. 

On  20  July  2004,  pursuant  to  Article  96  of  the  Cotonou  Agreement,  consultations 
started with the ACP countries and Guinea, during which the Guinean authorities gave 
specific undertakings designed to remedy problems identified by the European Union 
and to implement them during a period of intensive dialogue lasting three months. 

At the end of this period some substantive initiatives had been take in respect of some 
of  the  undertakings  referred  to  above  and  some  undertakings  had  been  met; 
nevertheless  some  important  measures  concerning  essential  elements  of  the  Cotonou 
Agreement had not yet been taken, 

HAS DECIDED AS FOLLOWS: 

Consultations  with  Guinea  pursuant  to  Article  96  of  the  Cotonou  Agreement  are  hereby 
concluded. 

Article 1 

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2 
3 

OJ L 317, 15.12.2000, p. 3. 
OJ L 317, 15.12.2000, p. 376. 
OJ C... 

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The measures specified in the annexed draft letter are hereby adopted as appropriate measures 
within the meaning of Article 96(2)(c) of the Cotonou Agreement. 

Article 2 

This decision shall enter into force on the day it is adopted. It shall be published in the Official 
Journal of the European Union. 

Article 3 

It shall be valid for 36 months from the date of its adoption by Council. It shall be reviewed 
regularly at least every six months. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Draft letter 

Sir, 

The European Union attaches great importance to the provisions of Article 9 of the Cotonou 
Agreement.  The  ACP-EU  partnership  is  founded  on  respect  for  human  rights,  democratic 
principles  and  the  rule  of  law;  these  being  essential  elements  of  the  Agreement  and  thus 
forming the basis for relations between us. 

In this spirit, the European Union has been concerned by the deterioration of democracy and 
the rule of law, particularly after the constitutional referendum in 2001 and the parliamentary 
elections  (2002)  and  presidential  elections  (2003).  The  European  Union  has  also  been 
concerned at the lack of respect for human rights and fundamental freedoms and the lack of 
good administrative, political, economic and financial governance. 

It  considered  that  the  political  situation  in  Guinea  constituted  a  violation  of  the  essential 
elements  set  out  in  Article  9  of  the  Cotonou  Agreement.  In  view  of  this  Article  and  the 
political deadlock in Guinea, it decided on 31 March 2004 to open consultations under Article 
96 of the Agreement in order to thoroughly review the situation and find a remedy if possible. 

These  consultations  began  in  Brussels  on  20  July  2004.  Several  fundamental  issues  were 
addressed,  and  you  were  able  to  present  your  point  of  view  and  analysis  of  the  situation  in 
your country. You also presented a memorandum containing an action plan for consolidating 
democracy, respect for human rights, the rule of law and good governance. 

Thereafter a joint follow-up mission (EU Presidency and the Commission) went to Conakry 
and,  in  collaboration  with  EU  Member  States’  representatives  on  the  spot,  evaluated 
implementation of the undertakings. 

The EU notes that the Guinean authorities showed great willingness both to continue and step 
up talks and to facilitate the EU mission. It also finds that you have taken promising initiatives 
in relation to some undertakings. In particular: 

Your  government  has  shown  willingness  to  resume  political  dialogue  with  political 
representatives with a view to revising electoral arrangements. The official ceremony marking 
the  resumption  of  dialogue  took  place  on  31  August  2004  and  an  inter-party  coordination 
office was set up to facilitate dialogue. 

The Government confirmed its decision to organise local elections in June 2005 and to step up 
decentralisation. A number of draft legislative texts are being drawn up which will, when the 
time comes, be discussed with those involved in the process, and with donors. 

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The  Government  has  confirmed  its  decision  to  organise  parliamentary  elections  within  the 
time  limits  set  by  the  Constitution,  i.e.  in  June 2007.  However,  it  is  willing  to  consider  the 
possibility of bringing forward the election date if the opposition so requires and if there is a 
political consensus for this move among the political parties.  

The Government has announced a timetable for liberalisation of the airwaves. 

The Government has confirmed measures, with a timetable for implementation, in the field of 
macroeconomic management and sectoral reform. 

These  initiatives  will  undoubtedly  improve  respect  for  human  rights  and  fundamental 
freedoms in your country. However, most of the undertakings are to be implemented over an 
extended period and it will be necessary to monitor the implementation of some of them over 
time. A number of points also continue to give rise to serious concern, especially as regards 
the  restoration  of  democracy.  In  this  connection,  the  European  Union  is  anxious  for  the 
measures  listed  in  your  progress  report  on  implementation  of  the  memorandum  of  30 
September 2004 to be taken, in particular: 

1. 

2. 

3. 

4. 

5. 

6. 

Setting  a  timetable  and  structure  for  national  dialogue  and  really  beginning  that 
dialogue in order to review the electoral arrangements to guarantee transparent and 
democratic elections; 

Continuing  and  consolidating  the  undertaking  to  comply  with  the  laws  on  human 
rights  and  fundamental  freedoms,  in  particular  to  allow  political  parties  to  exercise 
their rights and prerogatives to hold meetings, to demonstrate and to obtain access to 
State radio and television broadcasting; 

Liberalising  the  electronic  media  according  to  the  timetable  presented  to  the  EU 
follow-up  mission  in  October  2004  to  allow  private  electronic  media  to  be  set  up 
before the local elections; 

Organising  local  and  parliamentary  elections  in  line  with  the  amended  electoral 
arrangements; 

Continuing decentralisation; 

Continuing measures to enhance macroeconomic management and sectoral reforms. 

Following  the  consultations,  and  in  the  light  of  the  undertakings  given  thus  far  and  the 
important measures still to be put in hand, the Commission proposes to adopt the following 
appropriate measures under Article 96(2)(c) of the Cotonou Agreement. 

1. 

2. 

Cooperation financed from the unexpended balances of the 6th, 7th and 8th European 
Development  Funds  and  from  Envelope  B  of  the  9th  European  Development  Fund 
will continue for implementation of the programmes directly aimed at improving the 
living conditions of the most disadvantaged sections of the population or victims of 
the subregional political crisis. 

Programmes  to  promote  the  emergence  or  emancipation  of  civil  society  (including 
non-organised forms), respect for and reinforcement of democracy, human rights and 
good  governance  and  the  emergence  or  consolidation  of  free  media  may  also  be 
supported.  

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3. 

4. 

5. 

6. 

Contributions to regional projects will be considered on a case-by-case basis.  

Humanitarian  operations,  trade  cooperation  and  trade-linked  preferences  will  be 
continued.  

Support will be provided for preparation of the elections, either from the unexpended 
balances of the 6th, 7th and 8th European Development Funds or from Envelope B, 
once  electoral  arrangements  guaranteeing  a  transparent  and  democratic  electoral 
process have been accepted by all parties and established.  

Envelope A of the 9th EDF, minus EUR 65 million in line with the decision taken by 
the  European  Commission  in  the  context  of  the  mid-term  review,  will  be  available 
for  implementation  of  the  measures  provided  for  in  the  National  Indicative 
Programme once free and fair parliamentary elections have been held.  

Regular  reviews  will  have  to  be  conducted  by  the  EU  Presidency  and  the  European 
Commission, the first to be held within the next six months. 

The  EU  will  continue  monitoring  the  situation  in  Guinea  closely.  An  enhanced  political 
dialogue will be conducted with your government over a 36-month monitoring period with a 
view to reestablishing democracy and the rule of law and continuing and consolidating efforts 
in the field of human rights and fundamental freedoms.  

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

For the Commission 

For the Council 

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