Communication from the Commission to the Council on the opening of consultations with Mauritania under Article 96 of the Cotonou Agreement
Date: 2005-10-28
Institutions: European Commission
Subjects: Cotonou Agreement, EU relations, Mauritania, coup d'état, democracy, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.10.2005 
COM(2005) 546 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

on the opening of consultations with Mauritania under Article 96 of the Cotonou 
Agreement 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

on the opening of consultations with Mauritania under Article 96 of the Cotonou 
Agreement 

Mauritania's  recent  history  is  marked  by  numerous  coup  attempts.  This  was  the  means  by 
which Colonel Ould Taya seized the power in 1984, succeeding President Ould Haidallah. 

At  the  beginning  of  the  1990s,  under  pressure  from  the  international  community,  a  new 
constitution  was  approved  and  political  parties  were  legalised.  Presidential  elections  were 
held in 1992 and were won by the President; the fairness of later elections - parliamentary in 
1996  and  presidential  in  1997  –  was  challenged.  In  2001  fresh  and  more  democratically 
organised general elections were held and, despite an overwhelmingly majority for the party 
in  power  and  its  allies,  a  group  of  opposition  candidates  were  elected.  The  last  presidential 
election  to  date  (2003)  saw  the  arrest  and  later  release  (before  the  elections)  of  the  second 
candidate, ex-President Ould Haidallah, who was then re-arrested after the election. 

The last coup attempts, mounted by Islamist-inspired members of the armed forces, took place 
in  June  2003  and  between  August  and  September  2004.  The  suspected  instigators,  together 
with  civil  Islamist  leaders  and  leaders  of  the  "traditional"  political  opposition,  were  put  on 
trial at Ouad Naga. Despite the different cases being tried together, the irregularities observed 
during the trial and the severe punishment demanded by the prosecution, the Ouad Naga trial 
handed down moderate sentences. A wave of arrests of Islamist militants took place in April 
and May this year; this was followed by an attack mounted by terrorists against a squadron of 
the Mauritanian military in the north of the country. The President then mobilised the army to 
fight terrorist groups. 

Abroad,  President  Ould  Taya's  regime  initially  cultivated  relations  with  Iraq,  and  later  with 
the  West.  It  established  diplomatic  relations  with  Israel  in  1999.  These  relations  fuelled 
religious opposition which the regime has tried to suppress. Mauritania's foreign policy and its 
recent  rapprochement  with  the  United  States  on  the  issues  of  security  and  the  fight  against 
terrorism,  combined  with  the  repression  of  grassroots  religious  opposition  at  home,  has 
created tensions in relations with Libya, Saudi Arabia and other Arab states. 

Mauritania is not a member of either ECOWAS (which it left in 2000) or UEMOA, but it is 
member of the Arab Maghreb Union (Union du Maghreb Arabe - UMA). The country takes 
part  in  the  Barcelona  Euro-Mediterranean  dialogue  as  an  observer  and  formally  applied  for 
membership at the end of May 2005.  

This is the backdrop to the coup on 3 August 2005. 

The  coup,  the  real  reasons  for  which  are  not  entirely  known,  was  carried  out  without 
bloodshed by soldiers very close to former President Ould Taya, who then formed a "Military 
Council  for  Justice  and  Democracy"  (CMJD).  The  CMJD  is  chaired  by  Colonel  Ely  Ould 
Mohamed  Vall,  who  was  Director  of  National  Security  under  the  former  government,  and 
made up of 15 other colonels and a navy captain.  

The  CMJD  has  promulgated  a  constitutional  charter  putting  an  end  to  the  powers  of  the 
parliament  elected  in  2001.  The  Council  will  exercise  legislative  power  by  decree.  In 

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accordance  with  the  constitutional  charter,  a  transitional  government  whose  members  have 
resigned from their political parties has been set up. 

The  new  regime  has  been  accepted  by  the  population  without  ethnic  distinction,  by  the 
political  parties  (including,  after  initial  condemnation,  the  PRDS,  the  party  of  the  former 
President)  and  by  moderate  Islamist  groups.  The  CMJD  made  a  number  of  public 
undertakings, which they have started to translate into legislative action, namely to: 

(a) 

(b) 

propose amendments to the Constitution which would limit the length and the 
number  of  presidential  terms  and  prevent  any  subsequent  amendments:  After 
consultation  of  all  Mauritanian  stakeholders,  these  amendments  would  be 
submitted to a constitutional referendum within 12 months of the coup; 

organise free and transparent parliamentary and presidential elections after the 
constitutional  referendum  but  no  more  than  24  months  after  the  coup;  The 
members  of  the  CMJD  and  the  new  transitional  government  will  not  be 
permitted to take part in political parties' activities and campaigns or stand as 
candidates  in  these  elections,  which  will  be  supervised  by  an  independent 
electoral commission and monitored by international observers; 

(c) 

set  in  motion  the  democratic  transition, reform  of  the  justice  sector  and  good 
governance; 

(d) 

guarantee political freedoms and release prisoners of conscience; 

(e) 

uphold international treaties and conventions ratified by the country. 

The CMJD has adopted a constitutional decree which confirms the ineligibility of members of 
the  Council  and  the  transitional  government  to  take  part  in  the  elections  scheduled  to  take 
place as part of the democratic transition process. In addition, the government has asked the 
United Nations for electoral assistance with the constitutional referendum and the general and 
presidential elections.  

The  coup  of  3  August  was  condemned  by  the  international  community,  in  particular  by  the 
UN  Secretary-General,  the  President  of  the  African  Union  Commission  (which  suspended 
Mauritania), the Presidency of the European Union, and the European Commission. 

Having  sent  a  mission  to  Nouakchott  and  in  view  of  developments  there,  the  Peace  and 
Security  Council  of  the  African  Union,  meeting  on  8  September  2005,  called  on  "the 
Mauritanian  authorities  and  other  stakeholders  to  continue  to  work  together  for  the  swift 
return to constitutional order, to pursue and to enhance dialogue and consultation between all 
the stakeholders and to consolidate democracy and the rule of law, within the context of the 
unity and sovereignty to Mauritania". 

On the day of the coup the EU Presidency reiterated its condemnation of all attempts to seize 
power  by  force,  and  the  Commission  deplored  the  seizure  of  power  by  force  and  called  for 
respect  for  democracy  and  a  return  to  constitutional  order.  The  declaration  also  stated  that 
when the time came the Commission would assess the situation in the light of the applicable 
provisions of the Cotonou Agreement, to which Mauritania is signatory. 

Article  9(2) of  the  ACP-EC Partnership agreement  signed  in  Cotonou  on  23  June  2000  and 
revised  in  Luxembourg  on  25  June  2005  lays  down  the  essential  elements  on  which  the 

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partnership  is  based.  Respect  for  democratic  principles  and  the  rule  of  law  underpin  the 
domestic and international policies of the Parties and constitute the essential elements of the 
Agreement.  In  accordance  with  this  article  and  in  the  light  of  the  circumstances  in  which 
power  changed  hands  in  Mauritania,  the  Commission  considers  that  a  dialogue  with  the 
country's new authorities is necessary in order to clarify the following points: 

1. 

2. 

3. 

4. 

the  holding  of  elections,  in  particular:  (i)  the  revision  of  electoral  rolls;  (ii)  the 
practical  arrangements  for  participation  in  the  elections;  (iii)  the  practical 
arrangements  for  setting  up  an  independent  electoral  commission;  (iv)  the  practical 
arrangements for deploying observers; 

the  holding  of  elections  and  their  scheduling;  it  appears  at  this  stage  that  the 
maximum  period  envisaged  for  holding  the  elections  (24  months)  is  more  than 
enough time to complete the preparations and should be shortened;  

fulfilling  the  commitments  made  by  the  previous  governments  concerning  good 
governance, in particular: (i) the adoption of rules guaranteeing transparency in the 
management  and  distribution  of  mineral  and  oil  revenues;  (ii)  liberalisation  of  the 
land 
in  budgetary  and  macroeconomic 
management; 

transport  sector;  (iii) 

transparency 

the measures to be taken concerning: (i) reform of the justice sector; (ii) promotion 
of civil liberties and freedom of expression.  

A  dialogue  would  give  the  Mauritanian  authorities  an  opportunity  to  state  their  case  on  the 
above  points  and  allow  the  EU  to  see  whether,  on  that  basis,  it  could  support  the  country's 
efforts  at  improving  compliance  with  the  essential  elements  of  the  revised  Cotonou 
Agreement. 

Due to the circumstances in which the change of regime in Mauritania occurred and due to the 
form of political organisation put in place by the new authorities, the Commission considers 
this  to  be  a  “case  of  special  urgency”.  Therefore,  in  compliance  with  Article  96(1a)  of  the 
revised  Cotonou  Agreement,  it  is  not  necessary  to  work  out  the  possibilities  of  political 
dialogue as set out in Article 8 of the same Agreement. The European Commission, however, 
hopes  to  have  formal  consultations  with  the  government  before  appropriate  measures  are 
taken.  The  Commission  therefore  proposes  that  the  Council  invite  the  Islamic  Republic  of 
Mauritania to hold consultations under Articles 9 and 96 of the revised Cotonou Agreement in 
accordance with the attached draft letter. 

The  Commission  proposes  that  cooperation  activities  under  way  under  the  sixth,  seventh, 
eighth  and  ninth  EDFs  should  continue  during  the  consultation  period  on  condition  that  the 
special conditions of the Financing Agreements are observed. Furthermore, it is proposed that 
cooperation activities in the pipeline which could help the return to democracy and improve 
governance should also be pursued. 

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ANNEX 

Brussels, 

H.E. Mr Sidi Ahmed Ould Aboubacar 
Prime Minister of the Islamic Republic 
of Mauritania 
Nouakchott 
Mauritania 

DRAFT LETTER 

Dear Prime Minister, 

In its statement of 3 August 2005 on the coup in Mauritania, the EU Presidency reiterated its 
condemnation of all attempts to seize power by force. 

On the very same day, the Commission deplored the seizure of power by force and called for 
respect for democracy and a return to constitutional order. 

Due to the circumstances in which the change of regime in Mauritania occurred and due to the 
form of political organisation put in place by the new authorities, the EU considers there has 
been a violation of the essential elements of the revised Cotonou Agreement. Furthermore, the 
EU  considers  this  to  be  a  “case  of  special  urgency”.  Therefore,  in  compliance  with  Article 
96(1a)  of  the  revised  Cotonou  Agreement,  it  is  not  necessary  to  exhaust  the  possibilities  of 
political dialogue as set out in Article 8 of the same Agreement. 

The  European  Union,  however,  hopes  to  have  formal  consultations  with  the  Government 
before  appropriate  measures  are  taken.  We  are,  therefore,  pleased,  on  behalf  of  the 
Community and of the Member States of the European Union, to invite your country to hold 
consultations under Article 96 of the revised Cotonou Agreement, with a view to carrying out 
an in-depth analysis of the situation and, if appropriate, of the corrective measures to be taken. 
For its part, the EU will engage in these consultations in a constructive and open manner. 

The consultations should allow the Mauritanian side to be more specific about the transition 
programme of the new Government and, in particular: 

–  on aspects relating to the organisation of legislative and presidential elections and 

to the return to constitutional order; 

–  on  measures  to  be  taken  on  economic  and  political  governance,  on  legal  sector 
reform, and on the promotion of public freedoms and of freedom of expression.  

We would like to suggest that these consultations are held in the near future, on a mutually 
convenient date, in the premises of the Council of the European Union in Brussels. 

Yours sincerely, 

For the Council 

For the Commission 

Cc : 

President of the Committee of ACP Ambassadors 
Secretary General of the ACP Group 

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