2006/863/EC: Council Decision of 13 November 2006 amending Decision 2004/793/EC concluding the consultation procedure with the Togolese Republic under Article 96 of the Cotonou Agreement
Date: 2006-11-13
Institutions: Council of the European Union
Subjects: ACP countries, Cotonou Agreement, EU relations, Togo, cooperation agreement (EU), human rights, rule of law

L 335/42

EN

Official Journal of the European Union

1.12.2006

COUNCIL DECISION

of 13 November 2006

amending Decision 2004/793/EC concluding the consultation procedure with the Togolese Republic
under Article 96 of the Cotonou Agreement

(2006/863/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

At the end of this monitoring period many undertakings
have been fulfilled and practical steps taken towards
fulfilling the main undertakings still outstanding. Never-
important measures concerning essential
theless several
elements of
to be
implemented,

the Cotonou Agreement have yet

HAS DECIDED AS FOLLOWS:

Article 1

The validity of Decision 2004/793/EC concluding the consul-
tation procedure with the Togolese Republic pursuant to Article
96 of the Cotonou Agreement shall be extended for 12 months,
to 15 November 2007. It shall be regularly reviewed every six
months.

Article 2

The measures adopted in Decision 2004/793/EC as appropriate
measures within the meaning of Article 96(2)(c) of the Cotonou
Agreement shall be amended as specified in the draft letter
annexed to this Decision.

Article 3

This Decision shall enter into force on the day of its adoption.
It shall be published in the Official Journal of the European Union.

Done at Brussels, 13 November 2006.

For the Council
The President

E. TUOMIOJA

Having regard to the Treaty
Community,

establishing the European

Having regard to the Partnership Agreement between the
members of
the African, Caribbean and Pacific Group of
States, of the one part, and the European Community and its
Member States, of the other part, signed in Cotonou on 23 June
2000 (1), and revised in Luxembourg on 25 June 2005 (2), and
in particular Article 96 thereof,

the governments of

Having regard to the internal agreement between the represen-
tatives of
the Member States, meeting
within the Council, on measures to be taken and procedures
to be followed for the implementation of the ACP-EC Part-
nership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

Council Decision 2004/793/EC of 15 November 2004
concluding the consultation procedure with the Togolese
Republic under Article 96 of the Cotonou Agreement (4)
lays down a period of 24 months from the date of its
adoption for monitoring the appropriate measures.

The political emergency following President Eyadema’s
death in 2005 was an unforeseen event that set back
the initial timetable for implementing the undertakings
given by the Togolese government and prevented the
objectives from being attained by the initial deadline, in
particular
early parliamentary
elections.

the organisation of

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 287, 28.10.2005, p. 4.
(3) OJ L 317, 15.12.2000, p. 376.
(4) OJ L 349, 25.11.2004, p. 17.

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Official Journal of the European Union

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For the attention of the Prime Minister, head of the government of the Togolese Republic

ANNEX

Prime Minister,

The European Union attaches great importance to 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 the basis for relations between us.

In 2004 the European Union felt that the political situation in Togo violated these essential elements and, in April 2004,
opened consultations under Article 96 of the Agreement, during which the government gave 22 undertakings. The
conclusions of these consultations were communicated to the head of government in a letter dated 15 November 2004.

The appropriate measures provide for a 24-month monitoring period, which ends on 14 November 2006. This period
has seen an enhanced political dialogue, illustrated inter alia by the joint monitoring missions conducted by the Council
and the Commission in July 2005, March 2006 and October 2006.

Monitoring of the undertakings shows that the situation had improved considerably by the end of 2004, only to worsen
during the events that followed the death of President Eyadema in 2005. Since June 2005 a policy of openness has been
set up, and reports show a considerable and sustained improvement in the situation, as exemplified by the recent
comprehensive political agreement, for which we congratulate the authorities and all stakeholders in Togo.

Among the main initiatives taken in the fulfilment of the 22 undertakings, we would highlight in particular:

— the holding of a genuine political dialogue in Togo, which has enabled all parties to address all unresolved issues on
the basis of an open agenda. This dialogue resulted in the signing of a comprehensive political agreement by all
participants on 20 August last. The agreement signed is intended to lay the foundations for lasting national reconci-
liation and goes beyond the undertakings given to the European Union. In addition to issues relating to the electoral
arrangements and impunity, it addresses the continuation of constitutional and armed-forces reforms,

— the formation of a government of national union, including members of the opposition, as part of the implemen-

tation of the Agreement of 20 August,

— the undertaking to prepare for parliamentary elections, the organisation of which was announced by the Commission

Electorale Nationale Indépendante (CENI) for June 2007,

— the implementation of the new press code, the efforts to provide more balanced news coverage in the official media

and the initial reshuffle in the High Authority for Audiovisual and Communications,

— the adoption of the programme of judicial reform, the release of political prisoners arrested during the events of 2005

and the improvement in prison conditions,

— the signing, on 10 July 2006, of a protocol with the UN High Commissioner for Human Rights concerning the

opening of an office in Lomé to help the government and monitor human rights in Togo.

We also welcome the initiatives which go beyond the strict confines of the 22 undertakings. These measures are the
reform of the army by separating national defence from internal security missions and the issue of refugees, for whom the
first thing to be done is to restore confidence.

There is no doubt that the steps taken will help restore democracy and respect for human rights and go towards fulfilling
the undertakings given.

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Official Journal of the European Union

1.12.2006

In this context of restoring confidence between the European Union and Togo, we to wish to pursue in-depth discussions
on the following issues:

— the consolidation of the progress made, which must be confirmed at the next elections,

— the implementation of the electoral arrangements accepted by all the parties and laid down in the comprehensive

political agreement, such as may pave the way for free and transparent parliamentary elections,

— the establishment of a legal framework for the financing of political parties,

— the continuation of the decentralisation process,

— dealing with the issue of impunity, including the creation of an Investigation Commission and a Commission to
promote national reconciliation, as provided for by paragraphs 2.2 and 2.4 of the comprehensive political agreement,
and the guarantees for the observance of human rights, as stated in undertaking 2.1,

— the revision of the articles of association and composition of the National Commission for Human Rights, together

with the setting up in Lomé of an office of the United Nations High Commissioner on Human Rights.

Aware of the headway being made in Togo and the ground still to be covered, the European Union has decided to extend
the monitoring period for the Decision of 15 November 2004 to 36 months to give the Togolese authorities time to
fulfil all the undertakings given. Regular reviews, associating the presidency of the European Union and the European
Commission, will be carried out at intervals of not more than six months.

In order to support the reform process which is under way, the European Union wishes to adapt the appropriate
measures.

The unexpended balances of the 6th and 7th EDFs will be used according to the objectives laid down in the appropriate
measures to support the holding of parliamentary elections, to finance a technical cooperation facility to support, inter
alia, the fulfilment of the 22 undertakings, to support a programme to reform the justice system and raise awareness of
human rights, and to finance a welfare programme of highly labour-intensive works.

Given that the electoral framework has been laid down and the date of the elections has been set, it is possible now to
proceed with the notification of the 9th EDF and with the implementation of the 9th EDF and of the 1995-1999 Stabex
Funds mutual obligations framework.

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

Done at Brussels,

For the Council

For the Commission