Proposal for a Council Decision concerning the conclusion of consultations with the Islamic Republic of Mauritania under Article 96 of the revised Cotonou Agreement
Date: 2009-02-24
Institutions: European Commission
Subjects: Cotonou Agreement, Mauritania, cooperation agreement, democracy, human rights, rule of law

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24/02/2009 
COM(2009) 92 final 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of consultations with the Islamic Republic of Mauritania 
under Article 96 of the revised Cotonou Agreement 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

On  15  September  2008  the  European  Union  decided  to  open  consultations  with  the  Islamic 
Republic  of  Mauritania  under  Article  96  of  the  revised  Cotonou  Agreement.  This  decision 
was taken because the coup d’état in Mauritania on 6 August 2008 constituted a particularly 
serious and manifest violation of the essential elements listed in Article 9 of the Agreement 
(respect  for  democratic  principles  and  the  rule  of  law)  and  was  a  case  of  special  urgency 
within the meaning of Article 96(2)(b). A meeting took place in Paris on 20 October under the 
consultation process between the European Union, represented by the Council Presidency and 
the  Commission,  and  the  ACP,  whose  party  included  representatives  of  the  government 
illegally installed by the ruling military junta in Mauritania. 

The  European  Union  did  not  consider  any  satisfactory  proposals  had  been  made  by  the 
Mauritanian side at the meeting. Mauritania's proposals and commitments did not include the 
immediate  and  unconditional  release  of  the  legitimate  President,  and  remained  within  a 
fundamentally unconstitutional and illegitimate framework, offering no prospect of a return to 
constitutional order in the near future. 

In  a  spirit  of  openness  to  dialogue  and  full  awareness  of  the  complexity  of  the  political 
situation  in  Mauritania,  the  Union  wished  to  remain  attentive  to  any  positive  developments 
based  on  a  solution  which  met  the  international  community's  demands  and  proposed  to  the 
Mauritanian side that the consultations remain open for a period of one month until it came up 
with a potentially satisfactory solution. 

Consulting  regularly  with  the  international  community,  in  particular  the  African  Union,  the 
European Union failed to note any significant progress in Mauritania. A meeting was held in 
Addis  Ababa  on  10 November between  the  African  Union,  the  League  of  Arab  States,  the 
United Nations, the Organisation of the Islamic Conference, the International Organisation of 
French-speaking Countries and the European Union. The participants issued a communiqué, 
endorsed  by  the  permanent  members  and  African  members  of  the  United  Nations  Security 
Council  (but  not  China,  which  was  not  represented),  reiterating  "their  urgent  appeal  to  the 
authorities born out of the coup d'état to cooperate fully with the AU and other regional and 
international organisations concerned in the search for a political and consensual solution to 
the  current  crisis,  based  on  the  unconditional  release  of  President  Sidi  Ould  Cheikh 
Abdallahi and his contribution, befitting his status of legitimately elected President, to the 
definition of a solution to the crisis, the involvement of all stakeholders, and respect for the 
Mauritanian Constitution and international law." 

During the above meeting, the participants were informed of a proposal for a way out of the 
crisis put forward by the de facto ruling authorities in Mauritania. This proposal was based on 
the release of the legitimate President with the title "ex-President" and "former Head of State" 
under  the  aegis  and  supervision  of  the  current  junta  and  illegitimate  government,  and 
entailing a national consultation process aimed at setting out a roadmap and the details of a 
transition  involving  fresh  presidential  elections.  It  failed  to  meet  the  demands  of  the 
international  community  as  it  was  clearly  unconstitutional,  did  not  suggest  any  role  for  the 
legitimate  President,  supports  the  illegitimate  regime  that  emerged  from  the  coup  d'état  and 
offered  no  prospect  of  an  early  return  to  constitutional  order.  Acceptance  of  the  proposal 
would  have  been  tantamount  to  recognising  the  coup  d'état  as  an  internationally  acceptable 
method of power change.  

The above organisations met again in Addis Ababa on 21 November at the end of the period 
of  reflection  that  Mauritania  had  been  allowed  under  the  Article 96  consultations  and 
confirmed their rejection of the junta's proposed crisis solutions. In the final communiqué of 

EN 

2 

   EN 

 
this meeting, in conjunction with the permanent members of the Security Council, this time 
including China, and the African non-permanent members, the partners: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

noted that the junta had not come up with any new element since the last meeting on 
10 November; 

reconfirmed  the  elements  contained  in  the  communiqué  of  10 November  concerning 
the conditions for ending the crisis; 

stated  that  a  solution  to  the  crisis  could  entail  holding  elections  on  a  basis  of 
compliance with the elements set out on 10 November; 

endorsed the "possibility" of referral to the UNSC "if efforts failed"; 

affirmed  that  the  organisations  would  draw  conclusions  from  the  impasse  and  take 
appropriate steps "in due course", including individual measures; 

decided to send a delegation of the partners to Mauritania to present their position and 
propose a solution acceptable to the two sides. 

On  13 November  President  Sidi  Ould  Cheikh  Abdallahi,  who  had  been  under  house  arrest 
since 6 August, was transferred to his home village of Lemden, 250 km south of Nouakchott. 
He was allowed visitors and to meet the press under military supervision. Media coverage of a 
speech  to  celebrate  independence  on  28 November  was,  however,  forbidden.  At  dawn  on 
21 December,  the  President  was  driven  against  his  will  to  Nouakchott  and  released  at  his 
private residence. He immediately made his way back to Lemden to plan a return on his own 
terms. His passport was withdrawn. President Abdallahi's gradual release had yet to result in 
consultations on a consensual crisis solution. Unfortunately, the military junta was unwilling 
or unable to capitalise on the opportunity and continued, with the support of a majority of the 
parliament and senate, to strengthen its grip by restricting and clamping down on protests. 

During  a  mission  from  6  to  7 December  under  the  African  Union's  aegis,  the  "international 
partners" obtained a promise from General Abdel Aziz that the legitimate President would be 
unconditionally  released.  Although  this  had  been  done,  the  partners  also  noted  that  the 
General  was  unwilling  to  agree  to  other  key  elements  of  the  solution  and  that  President 
Abdallahi  did  not  wish  to  negotiate  a  solution  until  the  junta  stepped  down  and  he  was 
restored to power. At a fresh meeting in Brussels on 12 December the partners noted that an 
impasse had been reached and stressed that the release was a positive first step, but confirmed 
the need for appropriate measures if there was no sign of positive progress. Though officially 
released, President Abdallahi remains in his native village playing no active part in national 
politics, but calling for his full rights and duties as sole legitimate president to be restored. 

A  convention  ("Etats  Généraux  de  la  Démocratie")  organised  by  the  junta  took  place  from 
26 December to 6 January, attended mainly by members of parliament, in particular pro-coup 
"independent"  members,  and  several  organisations.  Despite  some  confusion,  many 
participants  managed  to  address  the  convention.  The  main  recommendation  to  emerge  from 
this  forum  was  the  organisation  of  presidential  elections  on  30 May.  These  consultations 
produced  arguments  both  for  and  against  candidates  from  the  military,  but  the  overall 
conclusion  was  that  General  Aziz  had  the  support  of  the  majority  and  his  eligibility  for  the 
presidential elections was not in question provided he gave up his military status. 

The  CFDD  (Coordination  des  Forces  de  Défense  de  la  Démocratie),  a  coalition  of  thirteen 
member parties of the anti-coup National Front for the Defence of Democracy (FNDD), six 
trade unions and 30 civil society organisations, held by its decision to boycott the convention. 
After  initially  taking  part  in  the  convention,  Ahmed  Ould  Daddah  and  his  party,  the  RFD, 
criticised  the  poor  organisation  and  confusion  of  the  meetings  and  dissociated  themselves 

EN 

3 

   EN 

 
from  the  conclusions,  which  they  considered  more  a  reflection  of  the  ground  gained  by  the 
coup than a consensual solution for the restoration of constitutional order. 

The  convention  therefore  failed  to  produce  a  consensual  solution  and  did  not  have  the 
political backing of major political parties, including the "opposition" RFD or, of course, the 
parties that support the legitimate President. It was more a platform for independent MPs and 
senators backed by the coup leaders and the usual mob of hangers-on. The solutions proposed 
by  the  convention  boil  down  to  an  attempt  to  legitimise  the  coup.  They  are  no  different  in 
substance to those rejected  by the African Union, the international partners and, previously, 
by the European Union at the Article 96 consultation meeting in Paris in October. The African 
Union  –  at  the  highest  level  –  set  the  deadline  of  5 February  before  sanctions  would  be 
imposed unless constitutional order was restored. 

In  the  light  of  the  situation  described  above,  the  European  Union  can  only  express  its 
disapproval  and  is  unable  to  support  the  Mauritanian  military  regime's  initiatives.  It  must 
therefore  bring  an  end  to  the  formal  consultations  opened  under  Article 96  of  the  Cotonou 
Agreement. The European Union will continue to monitor events in Mauritania in the hope of 
an improvement in the situation. 

To improve the chance of a return to constitutional and democratic order, the European Union 
and  its  Member  States  should  take  a  series  of  appropriate  measures,  within  their  respective 
powers,  including  both  individual  sanctions  targeted  at  those  responsible  for  the  coup,  their 
closest  associates  and  families,  and  economic  sanctions  to  drastically  reduce  the  amount  of 
aid  paid  directly  to  or  managed  by  the  government,  state  agencies  and  state-owned 
enterprises. 

The  restrictions  on  cooperation  described  in  detail  in  the  letter  in  the  annex  to  the  decision 
must not affect humanitarian aid, direct aid to the people of Mauritania and to civil society, 
and  must  take  account  of  key  issues  such  as  food  security,  the  return  of  refugees,  human 
rights,  migration,  promoting  a  culture  of  democracy  and  the  need  to  prepare  for  a  gradual 
resumption of cooperation in due course. 

The  future  of  the  current  Fisheries  Partnership  Agreement  may  be  reviewed  in  the  light  of 
Mauritania's  implementation  of  the  sectoral  support  component,  the  European  fleet's 
commercial  priorities,  the  state  of  resources  and  the  country's  political  and  economic 
situation. 

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

EN 

4 

   EN 

 
Proposal for a 

COUNCIL DECISION 

concerning the conclusion of consultations with the Islamic Republic of Mauritania 
under Article 96 of the revised 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  20001 
(hereinafter referred to as the "Cotonou Agreement"), as revised by the agreement signed in 
Luxembourg on 25 June 20052, 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  Cotonou  Agreement3,  and  in  particular  Article 3 
thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

The  essential  elements  referred  to  in  Article  9  of  the  Cotonou  Agreement  have  been 
violated. 

On 20 October 2008, pursuant to Article 96 of the Cotonou Agreement, consultations 
started with the ACP countries and the Islamic Republic of Mauritania during which 
representatives  of  the  ruling  military  junta  failed  to  present  satisfactory  proposals  or 
commitments.  Despite  a  one-month  extension  of  the  deadline,  no  new  element  has 
been noted, 

HAS DECIDED AS FOLLOWS: 

Consultations  with  the  Islamic  Republic  of  Mauritania  under  Article  96  of  the  Cotonou 
Agreement are hereby concluded. 

Article 1 

The measures set out in the annexed letter are hereby adopted as appropriate measures under 
Article 96(2)(c) of the Cotonou Agreement. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Article 3 

1 
2 
3 

OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 28.10.2005, p. 4. 
OJ  L  317,  15.12.2000,  p.  376,  as  amended  by  the  internal  agreement  of  10 April 2006,  OJ L 247, 
9.9.2006, p. 48. 

EN 

5 

   EN 

 
                                                 
It  shall  be  valid  for  24  months  from  the  date  of  its  adoption  by  the  Council.  It  shall  be 
reviewed regularly at least once every six months in the light of joint monitoring missions by 
the Presidency of the European Union and the Commission. 

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

Done at Brussels, […] 

Article 4 

For the Council 
The President 

EN 

6 

   EN 

 
 
 
ANNEX  

Draft letter 

Sir, 

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

With  this  in  mind,  following  the  seizure  of  power  by  the  military  on  6 August 2008,  the 
European Union immediately condemned the coup d'état and called for respect for democracy 
and  the  legal  institutional  framework  that  had  been  in  place  since  2007,  and  for  the  release 
and return to office of the legitimately elected President. 

In application of Article 96 of the revised Cotonou Agreement and as the coup constitutes a 
serious  violation  of  the  essential  elements  referred  to  in  Article  9  of  that  Agreement,  the 
European  Union  engaged  in  a  political  dialogue  with  the  ruling  regime  that  resulted  in  the 
opening  of  consultations  aimed  at  studying  the  situation  and  possible  solutions  for  an  early 
return to constitutional order. 

At the opening meeting of the consultations in Paris on 20 October, the European Union did 
not consider any satisfactory proposals had been made by the Mauritanian side. In a spirit of 
openness  to  dialogue,  and  being  fully  aware  of  the  complexity  of  the  political  situation  in 
Mauritania,  the  European  Union  proposed  to  the  Mauritanian  side  that  the  consultations 
remain open for a period of one month until it came up with a potentially satisfactory solution 
that would enable another consultation meeting to be arranged. It also informed the ACP and 
Mauritanian  sides  that,  in  the  absence  of  any  new  elements  before  the  one-month  deadline 
expired, the consultations would be closed and appropriate measures adopted. 

At a meeting in Addis Ababa chaired by the African Union on 10 November, the  European 
Union  and  the  five  other  international  organisations  present  were  informed  of  the  proposals 
for putting an end to the crisis that had been sent to the African Union several days earlier by 
the Mauritanian junta. Those proposals were very similar to the ones already presented at the 
consultation meeting of 20 October and could not be regarded as satisfactory, given that they 
did  not  include  the  immediate  and  unconditional  release  of  the  legitimate  President,  and 
remained  within  a  fundamentally  unconstitutional  and  illegitimate  framework,  offering  no 
prospect  of  a  return  to  constitutional  order  in  the  near  future.  Following  the  meeting  on 
10 November, the six regional organisations issued a communiqué setting out, inter alia, the 
following essential elements of a consensual political solution to the crisis:  

•  the unconditional release of President Sidi Ould Cheikh Abdallahi; 

•  his contribution, befitting his status of legitimately elected President, to the definition of a 

solution to the crisis; 

•  the involvement of all stakeholders; 

•  respect for the Mauritanian Constitution and international law. 

The above organisations met again in Addis Ababa on 21 November at the end of the period 
of  reflection  that  Mauritania  was  allowed  under  the  Article 96  consultations  and  confirmed 
their rejection of the junta's proposals for ending the crisis. In the final communiqué of this 
meeting,  in  conjunction  with  the  permanent  members  of  the  UN  Security  Council  and  the 
African non-permanent members, the partners: 

EN 

7 

   EN 

 
(1) 

(2) 

(3) 

(4) 

(5) 

noted  that  the  junta  had  not  introduced  any  new  element  since  the  last  meeting  on 
10 November; 

reaffirmed  the  elements  contained  in  the  communiqué  of  10 November  concerning 
the conditions for ending the crisis; 

stated  that  a  solution  to  the  crisis  could  entail  holding  elections  on  a  basis  of 
compliance with the elements set out on 10 November; 

endorsed the "possibility" of referral to the UNSC "if efforts failed"; 

reaffirmed that the organisations would draw conclusions from the impasse and take 
appropriate steps "in due course", including individual measures. 

Other  contacts  and  missions  aimed  at  finding  a  solution  consistent  with  compliance  with 
Mauritania's  national  and  international  obligations  and  commitments  have  unfortunately 
failed to produce results, even if the release of the legitimate President, one of the essential 
elements referred to above, has taken place. 

In the light of the above, the European Union has decided to bring the consultation period to 
an end and to adopt the following appropriate measures under Article 96(2)(c) of the revised 
Cotonou Agreement: 

–  In  addition  to  any  individual  sanctions  decided  by  each  Member  State  of  the  European 
Union  targeted  at  those  responsible  for  the  coup  and  their  closest  associates,  economic 
sanctions  will  be  taken  to  drastically  reduce  the  amount  of  EU  aid  paid  directly  to  the 
government, state agencies and state-owned enterprises. These restrictions on cooperation 
will not affect humanitarian aid, or direct aid to the people of Mauritania and Mauritanian 
civil society. 

–  The  European  Commission  reserves  the  right  to  take  over  immediately  the  duties  of  the 

EDF National Authorising Officer on its own account. 

–  In so far as the monitoring of developments and sectoral policy decisions implemented by 
the de facto but not de iure regime affect ongoing cooperation projects and in the hope of a 
future resumption of cooperation in the light of an internationally acceptable solution to the 
crisis, Commission departments will continue to take part in political and sectoral dialogue 
in Mauritania at a technical level so long as such dialogue is not regarded as recognition of 
the legality of the regime installed following the coup d'état of 6 August 2008. 

–  Payments  relating  to  ongoing  contracts  will  be  honoured  in  accordance  with  the  relevant 

financing decisions. This concerns the following projects: 

•  Rosso–Boghé and Kaedi–Gouraye roads and technical assistance to the Transport 

Ministry; 

•  "rehabilitation of the Adrar oasis" project (closure of ongoing commitments); 

•  "water of hope" project (project completion); 

•  Water Facility: continuation of three ongoing contracts; 

•  NAO support programme: necessary measures for programme completion; 

•  regional solar programme: continuation of ongoing projects in Mauritania; 

•  civil  society  support  programme.  Continued  implementation  of  governance-
related  activities  under  calls  for  proposals  managed  directly  by  the  European 
Commission; 

EN 

8 

   EN 

 
•  programme to support the national road maintenance body (ENER): continuation 

of ongoing contractual commitments only; 

•  grant contract under the regional B envelope for the rehabilitation of flooded areas 

in the Senegal river region; 

•  support  to  local  authorities  (non-EDF):  project  to  improve  municipal  water 
management  in  Nouakchott  and  partnership  to  support  the  school  system  in  the 
Bousteila municipality. 

–  New  contracts  may  be  signed  for  the  following  programmes  in  accordance  with  the 

financing agreements: 

•  launch  of  local  calls  for  proposal  in  the  "non-State  actors  and  democracy  and 
human  rights"  area  (non-EDF).  Calls  for  proposals  for  the  benefit  of  local 
authorities remain suspended; 

•  implementation  of  the  migration  management  support  project  under  ACP 9 EDF 

regional funding; 

•  rider to the "Zazou sanitation project" (non-EDF, NGO cofinancing); 

•  implementation of the "refugee return support" project in coordination and liaison 
with  the  ongoing  support  from  the  Commission's  Humanitarian  Aid  Office 
(ECHO)  provided  conditions  in  Mauritania  allow  implementation  and  given 
compliance with the terms of contract. 

–  New projects may be appraised in the following areas: 

•  as part of the proposed response to the food crisis through mobilisation of the 10th 
EDF  regional  B  envelope,  a  targeted  operation  to  support  inhabitants  may  be 
programmed for a total of EUR 2.08 million to be carried out by an international 
organisation and/or NGO provided the activity does not involve direct aid to the 
administration, the state or state agencies; 

•  programming of the envelope allocated to Mauritania under the new Food Facility 
and  the  Food  Security  thematic  line  involving  agricultural  support  projects  that 
can be implemented by international organisations and/or NGOs. 

Implementation  of  other  ongoing  programmes  and  of  the  10th  EDF  indicative  programme, 
subject to the exceptions below, is suspended pending the gradual resumption of cooperation 
under the conditions set out below.  

The  10th  EDF  National  Indicative  Programme  set  aside  an  indicative  amount  of 
EUR 40 million in general budgetary support to the Poverty Reduction Strategy process. That 
project  may  not  be  appraised  before  full  resumption  of  cooperation  under  the  conditions 
below  subject 
the  general  eligibility  conditions  required  for 
implementation of programmes of this type.  

to  compliance  with 

The  indicative  amount  of  this  programme  is,  however,  reduced  to  EUR 25 million  with 
immediate  effect.  EUR  10  million  of  the  EUR 15 million committed  will be  kept in  reserve 
for possible election support in the framework of a constitutional solution to the crisis in line 
with  the  international  community's  demands.  The  remaining  EUR 5 million  will  be  kept  in 
reserve  in  case  of  serious  humanitarian  crises  resulting  from  the  crisis  caused  by  the  coup 
d'état of 6 August 2008. 

EN 

9 

   EN 

 
By way of exception, the EUR 8 million migration management support programme included 
in  the  National  Indicative  Programme  will  be  implemented  before  any  resumption  of 
cooperation on the basis of the objectives and priorities to be set. 

–  As soon as all parties to the conflict accept a solution to end the crisis consistent with the 
essential elements proposed by the international community, in particular the establishment 
in  the  context  of  inclusive  and  open  political  dialogue  of  an  electoral  framework  for  the 
holding  of  free,  transparent  and  representative  elections,  the  following  projects  will  be 
unblocked: 

•  Nouadhibou ore port. Negotiation and signing of the contract for renovation of the 
port in so far as this is allowed by the rules in force and the results of the tender. If 
the contract is not signed by March 2009 at the latest, the EDF contribution to the 
works (EUR 45 million) will no longer be available to Mauritania; 

•  reprogramming of a project to clear the port of Nouadhibou of wrecks following 
the  transfer  to  the  10th  EDF  from  31/12/2008  of  the  STABEX  funds  earmarked 
for  that  purpose  (EUR 23 million).  But  for  the  coup  d'état,  a  contract  for  the 
project would have been signed before the end of 2008;  

•  launch  of  previously  suspended  local  calls  for  proposal  for  the  benefit  of  local 

authorities. 

–  A further resumption of cooperation will be effected following the actual and irreversible 
implementation  of  the  abovementioned  solution  to  end  the  crisis  (appointment  of  a  new 
consensual  government  of  transition,  adoption  of  a  consensual  roadmap,  and  step-down 
from power by the military). This may include: 

•  support for new presidential or general elections; 

•  continued implementation of the justice support programme; 

•  implementation of the EU institution-building programme for local authorities and 

their services; 

•  implementation  of  all  projects  and  programmes  signed  or  planned  under  the  8th 

and 9th EDFs but not yet contracted out. 

–  Mauritania's full return to constitutional order will enable all the restrictions listed above to 
be lifted in accordance with the last paragraph of Article 96(2)(a) of the revised Cotonou 
Agreement.  That  situation  will  pertain  when  a  legitimately  elected  Head  of  State  and 
legitimately  elected  Parliament  are  in  place  and  the  Constitution  is  restored.  That  will 
allow  the  10th  EDF  indicative  programme  (EUR 156 million)  to  be  implemented  in  full, 
taking account of the possible need to revise the programme in view of the negative social, 
economic and political impacts of the coup d'état of 6 August 2008. 

The  European  Union  will  continue  to  monitor  the  situation  in  Mauritania  closely  and  may 
support  the  introduction  of  a  consensual  political  solution  to  the  crisis  if  it  is  based  on  the 
abovementioned  essential  elements  in  accordance  with  the  demands  of  the  international 
community. The European Union reserves the right to review and revise the above measures 
in the light of developments in the situation in Mauritania. 

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

Done at Brussels, 

For the Commission 

EN 

For the Council 

10 

   EN 

 
EN 

11 

   EN