Proposal for a Council Decision amending Decision 2005/321/EC concluding the consultation procedure with the Republic of Guinea under Article 96 of the Cotonou Agreement
Date: 2008-03-10
Institutions: European Commission
Subjects: ACP-EU Convention, European Development Fund, Guinea, cooperation policy, decentralisation, democracy, freedom of the press, governance, human rights, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.3.2008 
COM(2008) 138 final 

Proposal for a 

COUNCIL DECISION 

amending Decision 2005/321/EC concluding the consultation procedure with the 
Republic of Guinea under Article 96 of the Cotonou Agreement 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In March 2004 the European Union (EU) decided to launch consultations with Guinea under 
Article  96  of  the  Cotonou  Agreement.  A  persistent  deterioration  in  the  democratic 
environment  had  been  observed  in  the  preceding  years,  amounting  to  non-respect  of  the 
essential  elements  defined  in  Article  9  of  the  Agreement.  At  that  time,  the  EU  was  also 
concerned by the lack of respect for human rights and fundamental freedoms and the absence 
of good administrative, political, economic and financial governance. 

At  the  meeting  to  launch  the  consultations  on  20 July  2004,  the  Government  submitted  a 
memorandum setting out its commitments, with particular emphasis on political dialogue, the 
electoral  commission,  liberalisation  of  the  airwaves,  reinforcement  of  the  rule  of  law  and 
macroeconomic management. 

On the basis of the commitments entered into by the Guinean Government, the consultations 
were concluded in 2005. The Council's conclusions on 14 April 2005 recognised that certain 
commitments  had  given  rise  to  encouraging  initiatives  but  that  several  important  measures 
still  had  to  be  implemented,  in  particular  in  the  context  of  a  political  dialogue  with  the 
opposition forces. As the follow-up to the consultations and in view of the undertakings given 
thus  far  and  the  measures  still  to  be  implemented,  it  was  decided  to  adopt  appropriate 
measures under Article 96(2)(c) of the Cotonou Agreement. The Council Decision in question 
expired on 14 April 2008.  

However,  until  mid-2006  the  political  dialogue  made  slow  progress  and  the  results  were 
rather  mixed.  The  dialogue  was  even  suspended  following  the  local  elections  in  December 
2005, which were marked by shortcomings and irregularities, leading to a loss of confidence 
on the part of the opposition.  

However, starting in July 2006, the discussions between the various political forces gathered 
momentum, enabling a consensus to be reached at the end of 2006 on the electoral framework 
and  on  operational  conditions  for  parliamentary  elections  initially  scheduled  for  June  2007. 
The  Government  undertook  to  present  the  relevant  draft  laws  to  the  National  Assembly.  In 
addition, the airwaves were effectively liberalised in August 2006, when the first authorised 
private radio stations came on air. At the end of December 2006, in view of the progress made 
in these areas, the EU decided to make available to Guinea envelope A of the 9th EDF (€85.8 
million). 

At the same time, the deterioration in living conditions in the country, which had already led 
to  two  general  strikes  in  2006,  provoked  a  further  wave  of  strikes  in  January  and  February 
2007 that was accentuated by the release from prison of a close ally of the President. During 
the  strikes,  there  were  further  human  rights  violations  (and,  consequently,  violations  of  the 
essential  elements  defined  in  Article 9  of  the  Cotonou  Agreement),  including  two  cases  of 
violent  repression  of  peaceful  demonstrations  by  the  forces  of  law  and  order  and  the  army. 
The  people's  revolts  in  January  and  February  and  their  violent  repressions  left  between  137 
and 183 dead and over 1 500 wounded. The equipment at one of the private radio stations was 
destroyed and another station was forced to suspend broadcasting owing to threats. In view of 
the  rapid  deterioration  of  governance  in  the  country,  the  demands  of  the  movement  very 
quickly  went  beyond  a  strictly  trade  union  context  and  a  partial  political  response  was 
achieved only through an agreement between the Government and the trade unions following 
lengthy mediation, notably by Guinean religious leaders and ECOWAS. 

The new Prime Minister, Mr Lansana Kouyaté, was appointed at the end of February and his 
government  (whose  members  were  not  members  of  the  previous  governments)  finally  took 
office at the end of March. The priorities of the new executive include: (i) promotion of an 

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independent  and  credible  justice  system;  (ii)  the  restoration  of  macroeconomic  equilibrium; 
(iii)  the  development  of  infrastructures  and  provision  of  basic  social  services;  (iv)  the 
promotion of good governance. 

Nine  months  taking  up  the  reins  of  government,  the  dissatisfaction  with  Kouyaté  contrasts 
with the euphoria surrounding his appointment. Although inflation has been reduced and the 
exchange  rate  has  risen,  contributing  to  the  conclusion  of  a  three-year  programme  with  the 
International Monetary Fund, the initial enthusiasm has given way to doubts concerning the 
Kouyaté  government's  capacity  and  determination  to  break  with  the  shortcomings  of  the 
system under Lansana Conté. The President is the only true head of the executive. His powers 
are safeguarded by the Constitution and he signs all the decrees. He can thus easily paralyse 
the actions of the government. The post of Prime Minister does not exist in the constitution, 
and  the  Prime  Minister  has  only  delegated  powers.  He  can  thus  easily  be  removed  by  a 
Presidential  decree,  as  has  already  occurred  several  times  in  the  past.  The  President's  scant 
support for the Prime Minister's actions and the growing dissatisfaction of the population give 
cause for concern and risk triggering a major new crisis (an indefinite general strike was only 
just avoided on 10 January). 

The  parliamentary  elections  initially  scheduled  for  June  2007  have  been  postponed  several 
times  and  the  official  date  for  them  has  not  yet  been  fixed.  The  Decree  setting  up  the 
Independent  National  Electoral  Commission  (INEC)  was  signed  by  President  Conté  on 
28 November and its 25 members have been appointed. A member of civil society, Ben Sékou 
Sylla,  has  been  elected  President  of  the  INEC.  This  body,  which  is  essential  to  ensure  the 
proper  organisation  of  the  forthcoming  elections,  will  be  able  to  initiate  the  registration 
process  marking  the  start  of  the  electoral  process.  The  elections  should  take  place  at  the 
earliest in autumn 2008.  

The 36-month follow-up period should come to an end automatically on 14 April 2008. It is 
important to take a decision regarding the advisability of extending the Council Decision in 
view of the current instability in Guinea and the delay in holding the elections. Extension of 
the follow-up period until the elections are held would appear to be in the spirit of the Council 
Decision.  The  holding  of  parliamentary  elections  deemed  to  be  free  and  transparent  should 
ideally mark the end of the Article 96 procedure and of the appropriate measures. 

The  measures  undertaken  by  the  Guinean  authorities  are  generally  positive.  Among  other 
things,  the  people's  revolts  in  January  and  February  2007  prevented  compliance  with  the 
initial timetable but, thanks to the current efforts being made, these commitments are likely to 
be met within 12 months. 

In the light of the above and in accordance with Articles 9 and 96 of the Cotonou Agreement, 
the Commission proposes that the Council extend by 12 months the period of validity of the 
Council Decision of 14 April 2005 and accordingly adopt the attached decision. 

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Proposal for a 

COUNCIL DECISION 

amending Decision 2005/321/EC concluding the consultation procedure with the 
Republic of 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 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 20001, and to the revised Agreement 
signed in Luxembourg on 25 June 20052, and in particular Article 96 thereof, 

Having regard to the internal agreement between the representatives of the governments 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  Partnership  Agreement3,  and  in  particular 
Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Council  Decision  2005/321/EC  of  14  April  20054  concluding  the  consultation 
procedure  with  the  Republic  of  Guinea  under  Article  96  of  the  Cotonou  Agreement 
lays  down  a  period  of  validity  of  36  months  from  the  date  of  its  adoption  for 
monitoring the appropriate measures. 

At  the  end  of  the  monitoring  period,  many  undertakings  have  been  fulfilled  and 
practical  steps  taken  towards  fulfilling  the  main  undertakings  still  outstanding. 
Nevertheless,  several  important  measures  concerning  essential  elements  of  the 
Cotonou Agreement have yet to be implemented,  

1 OJ L 317, 15.12.2000, p. 3. 
2 OJ L 287, 28.10.05, p. 4. 
3 OJ L 317, 15.12.2000, p. 376. 
4 OJ L 104, 23.4.2005, p. 33. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The validity of Decision 2005/321/EC concluding the consultation procedure with the 
Republic of Guinea under Article 96 of the Cotonou Agreement is hereby extended by 12 
months. It will be reviewed every six months. 

The  measures  adopted  in  Decision  2005/321/EC  as  part  of  the  appropriate  measures  within 
the meaning of Article 96(2)(c) of the Cotonou Agreement will remain unchanged. 

Article 2 

Article 3 

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

Done at Brussels, […] 

For the Council 
The President 

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For the attention of the Prime Minister, Head of Government of the Republic of Guinea 

ANNEX  

Prime Minister, 

The European Union attaches great importance to the provisions of Article 9 of the Cotonou 
Agreement.  The  essential  elements  of  this  Agreement  and,  consequently,  the  basis  of  our 
relations are respect for human rights, democratic principles and the rule of law, on which the 
ACP-EU partnership is based. 

In 2004 the European Union took the view that the political situation in Guinea violated these 
essential  elements  and  in  July  2004  it  initiated  consultations  under  Article  96  of  the 
Agreement. These consultations gave rise to conclusions of which  the Head of Government 
was informed by letter of 14 April 2005. 

The  appropriate  measures  provided  for  a  monitoring  period  of  36  months  which  ended  on 
14 April  2008.  During  this  period  there  was  reinforced  political  dialogue  including,  among 
other  measures,  three  joint  follow-up  missions  by  the  Council  and  the  Commission  in  May 
2005, February 2006 and May 2007 and the visit of Commissioner Michel in October 2006. 
At the end of December 2006, in view of the progress made, the European Union decided to 
make available to Guinea envelope A of the 9th EDF (€85.8 million).  

The  measures  carried  out  by  the  Guinean  authorities  are  generally  positive.  However,  the 
organisation  of  the  parliamentary  elections,  including  their  date,  which  is  one  of  the  main 
undertakings  given  by  the  Guinean  Government,  has  not  yet  been  finalised.  In  view  of  the 
action currently being taken, these undertakings will likely be fulfilled within 12 months. 

Aware  of  the  positive  action  undertaken  in  Guinea  and  of  what  has  still  to  be  done,  the 
European  Union  has  decided  to  extend  the  monitoring  period  for  the  Decision  of  14 April 
2005 to 48 months so as to enable the Guinean authorities to fulfil all the undertakings given. 

The appropriate measures of which we informed you in our letter of 14 April 2005 still apply. 

Yours faithfully, 

Done at Brussels  

For the Commission  For the Council 

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