Proposal for a Council Decision concerning the conclusion of consultations with the Republic of Guinea under Article 96 of the revised Cotonou Agreement
Date: 2009-06-25
Institutions: European Commission
Subjects: Cotonou Agreement, Guinea, cooperation agreement, democracy, fundamental rights, human rights, rule of law

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.6.2009 
COM(2009) 320 final 

Proposal for a 

COUNCIL DECISION 

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

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EXPLANATORY MEMORANDUM 

On  16 March 2009  the  European  Union  decided  to  open  consultations  with  the  Republic  of 
Guinea  under  Article 96  of  the  revised  Cotonou  Agreement.  This  decision  was  taken 
following the military coup d'état of 23 December 2008 and the seizure of power by a military 
junta, which formed a National Council for Democracy and Development (CNDD) under the 
leadership  of  Captain  Moussa  Dadis  Camara,  who  proclaimed  himself  President  of  the 
Republic.  The  taking  of  power  by  force  constituted  a  particularly  serious  and  manifest 
violation of the essential elements listed in Article 9 of the Agreement (respect for democratic 
principles) and a case of special urgency within the meaning of Article 96(2)(b). A letter was 
therefore sent to the Guinean authorities on 19 March to invite them to consultations.  

In the meantime the international community has formed an International Contact Group on 
Guinea (ICG-G), under the joint leadership of the African Union and ECOWAS, in which the 
European Union participates through the Presidency and the Commission. Progress was noted 
on a number of points at the ICG-G meetings in Conakry on 16-17 February and 16 March, 
including: 

–  the  resumption  of  voter  registration,  which  had  begun  prior  to  the  coup  d'état  and  was 

being given considerable EU support, 

–  lifting of the suspension on political and trade union activities, 

–  the  formation  of  a  Coalition  des  Forces  Vives,  a  coalition  group  of  Guinean  political 

parties, trade unions and civil society representatives,  

–  the  adoption  by  the  coalition  of  a  transition  roadmap  that  would  lead  to  parliamentary 
elections on 11 October and two rounds of presidential elections on 13 and 27 December, 

–  adoption of the roadmap by the CNDD. 

The  opening  meeting  of  the  consultations  took  place  in  Brussels  on  29  April  between  the 
European  Union,  represented  by  the  Council  Presidency  and  the  Commission,  Guinea, 
represented by members of the CNDD and the  transitional government, and the ACP party, 
including countries friendly to Guinea. 

During  the  above  meeting,  the  participants  were  informed  of  the  proposals  put  forward  by 
Guinea for a return to constitutional rule and the establishment of a democratic government 
transparent  parliamentary  and  presidential  elections.  The 
elected 
commitments made can be summarised as follows (details can be found in the letter annexed 
to the Decision): 

through  free  and 

–  confirmation of the transition roadmap presented by the Coalition des Forces Vives;  

–  the establishment of a National Council for Transition; 

–  parliamentary elections on 11 October and two rounds of presidential elections on 13 and 
27 December at which the President and members of the CNDD and the Prime Minister of 
the transitional government will not stand, the adoption of a package of measures to ensure 
free and transparent elections, and the presentation of a detailed budget for each activity to 
the ICG-G; 

–  the adoption of a series of measures guaranteeing respect for the principles of the rule of 

law, human rights and good governance. 

To support the return to constitutional rule and the establishment of a democratic government 
elected  through  free  and  transparent  parliamentary  and  presidential  elections,  the  European 
Union  has  decided  to  adopt  appropriate  measures  under  Article  96(2)(c)  of  the  Cotonou 

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Agreement for the gradual resumption of cooperation in order to assist in the transition (see 
the annexed letter for details).  

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 
Republic of Guinea and adopt the attached Decision. 

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Proposal for a 

COUNCIL DECISION 

concerning the conclusion of consultations with the Republic of Guinea 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 2000 
(hereinafter referred to as the "Cotonou Agreement")1, 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  ACP-EC  Partnership  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  29  April  2009,  pursuant  to  Article  96  of  the  Cotonou  Agreement,  consultations 
started with the ACP countries and Guinea during which representatives of the ruling 
military  junta  and  the  transitional  government  presented  satisfactory  proposals  and 
commitments.  Despite  a  one-month  extension  of  the  deadline,  no  new  element  has 
been noted, 

HAS DECIDED AS FOLLOWS: 

Consultations with Guinea 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 

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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 in OJ L 247, 9.9.2006, p. 48. 

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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 

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ANNEX  

Draft letter 

Sir, 

The  European  Union  considers  that  the  coup  d'état  in  Guinea  on  23 December 2008 
constitutes a serious violation of the essential elements referred to in Article 9 of the Cotonou 
Agreement. In an EU Presidency statement on 31 December, it roundly condemned the coup 
as  being  in  contradiction  with  the  very  principles  of  democracy,  but  stated  its  readiness  to 
support the ongoing transition in Guinea and a return to constitutional rule. In application of 
Article 96 of the Cotonou Agreement, the European Union has therefore engaged in a political 
dialogue  with  the  ruling  regime  in  order  to  study  the  situation  and  possible  solutions.  The 
consultations opened in Brussels on 29 April. 

During  the  opening  meeting,  the  participants  discussed  how  to  organise  a  return  to 
constitutional rule and the establishment of a democratic government elected through free and 
transparent elections. Guinea also presented a memorandum on the stages and issues at stake 
in  the  transition.  The  European  Union  has  noted  the  following  proposals  put  forward  by 
Guinea during the discussions, in particular:  

Transition roadmap 

Guinea has confirmed its commitment to the roadmap proposed by the Coalition des Forces 
vives  on  17 March  and  adopted  by  communiqué  No 50  of  the  President  of  the  CNDD  on 
28 March. The stages of the roadmap will follow the timetable below: 

–  the continuation of voter registration in accordance with the electoral code, 

–  the establishment of a National Council for Transition, 

–  the start of work on revising the Fundamental Law, 

–  the manufacture and distribution of poll cards, 

–  the adoption of amendments to the Fundamental Law, 

–  parliamentary elections, 

–  presidential elections, 

–  resumption of the work of the Commission of Inquiry into the tragic events of June 2006 

and January and February 2007.  

National Council for Transition 

•  Guinea  confirmed  that  the  National  Council  for  Transition  (CNT)  provided  for  in  the 
roadmap and adopted by CNDD Presidential Decree No 50 will be established in May.  

•  The European Union will make sure that the rules relating to its composition, mandate and 

powers reflect an inclusive and consensual approach. 

•  Guinea confirmed that the National Forum provided for in the memorandum is a distinct 
exercise  from  the  establishment  of  the  CNT  and  will  have  no  bearing  on  its  actual 
implementation.  

Revision of the Fundamental Law 

•  The  European  Union  has  noted  Guinea's  intention  to  ask  the  CNT  to  revise  the 
Fundamental  Law  and  certain  organic  laws,  including  the  electoral  code,  before  the 
elections. 

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•  The  European  Union  will  monitor  that  this  work  is  confined  to  essential  aspects  of  the 
transition  and  the  holding  of  elections  and  that  it  has  no  adverse  impact  on  the  roadmap 
timetable.  

Elections  

•  Guinea  has  pledged  to  comply  with  the  election  schedule  laid  down  in  the  roadmap,  i.e. 
parliamentary elections on 11 October and two rounds of presidential elections on 13 and 
27 December. The European Union will monitor compliance with this schedule. 

•  Guinea has confirmed the undertaking by the President of the CNDD that he, the members 
of the CNDD and the Prime Minister of the transitional government will not stand in the 
elections.  The  European  Union  considers  this  to  be  a  crucial  undertaking  that  must  be 
embodied in a formal decision. 

•  Regarding  the  preparation  and  organisation  of  the  elections,  Guinea  has  specified  the 

following measures to ensure that the elections are free and transparent:  

–  the National Independent Election Commission has been made wholly responsible for the 
organisation  and  management  of  the  elections  by  CNDD  Presidential  decree  No 015  of 
4 January; 

–  Guinea  intends  to  request  an  international  election  observation  mission  and  also 
undertakes  to  invite  representatives  of  Guinean  civil  society  to  assist  in  the  election 
observation; 

–  steps have been taken to give election candidates fair access to the media;  

–  the  Constitutional  Chamber  of  the  Supreme  Court  will  be  restored  to  settle  electoral 

disputes and publish the results of the elections; 

•  as regards the financing of elections, a detailed budget for each activity will be submitted 

to the International Contact Group on Guinea for review. 

Human rights, rule of law and governance 

The European Union has noted the ongoing efforts of the Guinean government to tackle drug-
trafficking, impunity and corruption, and its commitment to carry out audits in order to reform 
public  finances.  The  European  Union  attaches  particular  importance  in  this  respect  to  the 
Guinean Government's commitment to respect the principles of the rule of law, human rights 
and good governance, in particular: 

•  confirmation that no political prisoners are being held; 

•  the restoration of the Supreme Court's judicial chamber as the higher judicial body of the 

country;  

•  respect for the rights of those detained for common law offences, in particular their right to 

legal representation on being arrested and to a fair trial by the competent legal body; 

•  respect for the principle of equality before the law; 

•  repayment to the Treasury of funds recovered through audits so that they can be entered in 

the national budget accounts; 

•  resumption of the work of the Commission of Inquiry into the tragic events of June 2006 

and January and February 2007 once the newly elected government is in place. 

The  European  Union  found  the  undertakings  made  by  Guinea  broadly  encouraging  and  has 
therefore  decided  to  adopt  the  following  appropriate  measures  under  Article 96(2)(c)  of  the 

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Cotonou Agreement with a view to the gradual resumption of cooperation in order to assist in 
the transition:  

1. 

2. 

3. 

4. 

5. 

The  European  Union  will  continue  to  finance  humanitarian  and  emergency 
operations  and  measures  in  direct  support  of  the  people  of  Guinea,  to  assist  in  the 
political  transition  or  aimed  at  ending  the  crisis.  Note  that  further  support  for  the 
preparation  of  the  parliamentary  and  presidential  elections  could  be  provided,  in 
particular  through  mobilisation  of  the  10th  EDF  B  envelope  and,  if  an  invitation  is 
received  in  due  course  from  the  Guinean  authorities,  through  the  sending  of  an 
election  observation  mission.  The  European  Commission  will  also  continue  to 
finance ongoing contracts for operations other than the above. 

The precautionary measures adopted for ongoing projects and programmes under the 
9th and earlier EDFs, excluding projects for the rehabilitation of public buildings and 
to support decentralisation, will be lifted as soon as a National Council for Transition 
is  actually  in  place,  with  its  mandate,  powers  and  composition  agreed  by  the 
stakeholders of the transition in Guinea. 

The precautionary measures adopted for ongoing projects and programmes under the 
9th and earlier EDFs will be completely lifted on publication of the electoral roll and 
the decree setting the dates for the election and for the official opening of the election 
campaign. 

The  continuation  of  the  IMF  programme  and  the  resumption  of  the  debt  relief 
process  under  the  HIPC  (heavily  indebted  poor  countries)  initiative  could  be 
supported  by  a  contribution  of  around  EUR 8 million  from  the  European  Union  to 
clear  arrears  owed  to  the  European  Investment  Bank  on  loans  from  the  EDF  by 
mobilising the 10th EDF B envelope. This support can be mobilised as soon as the 
filing  of  nominations  for  the  presidential  election  is  officially  closed  and  it  is 
confirmed that the President and members of the CNDD and the Prime Minister of 
the transitional government are not standing. 

The Country Strategy Paper and National Indicative Programme for Guinea, for an 
indicative total of EUR 237 million, will be updated, renegotiated and signed as soon 
as  the  parliamentary  and  presidential  elections  have  been  held  and  the  members  of 
the  National  Assembly  appointed.  A  mid-term  review  of  the  10th  EDF,  the 
conclusions  of  which  are  scheduled  for  2010,  will  analyse  the  implementation 
performance and might agree to a reassessment of Guinea's allocation.  

In  order  to  ensure  the  smooth  continuation  of  cooperation  measures,  the  European 
Commission  reserves  the  right,  if  necessary,  to  take  over  the  duties  of  the  EDF  National 
Authorising Officer, in full or in part, on its own account  

As  part  of  the  procedure  under  Article 96  of  the  Cotonou  Agreement,  the  European  Union 
will continue to monitor the situation in Guinea closely over a period of 24 months. During 
this period, an enhanced dialogue will be pursued with the Guinean Government pursuant to 
Article 8 of the Cotonou Agreement in order to support the process of transition and regular 
reviews will be conducted involving the Presidency of the European Union and the European 
Commission. The first monitoring mission will take place within no more than six months. 

The European Union reserves the right to amend the "appropriate measures" described above 
in the light of progress in the implementation of commitments, particularly those relating to 
the section on "Human rights, rule of law and governance". 

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The two parties undertake to hold a regular political dialogue under Article 8 of the Cotonou 
Agreement with the newly elected government on reforms in the area of political, judicial and 
economic governance and in the security sector. 

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

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Annex: Schedule of commitments 

Guinea 

0. Current situation 

Commitments by partners 

European Union 

of 

for 

the 

preparation 

0. Continuation of financing for humanitarian 
and  emergency  operations  and  measures  in 
direct  support  of  the  people  of  Guinea,  to 
assist  in  the  political  transition  or  aimed  at 
ending  the  crisis.  Possible  grant  of  further 
support 
the 
parliamentary  and  presidential  elections,  in 
particular  through  mobilisation  of  the  10th 
EDF  'B'  envelope  and,  if  an  invitation  is 
received 
the  Guinean  authorities, 
election 
sending  of 
through 
observation  mission.  The  allocation  of 
funding for regional projects covering Guinea 
will  be  examined  on  a  case-by-case  basis. 
The  precautionary  measures  relating  to  other 
cooperation  under  the  9th  and  earlier  EDFs 
remain in force.  

from 
the 

an 

1.  Establishment  of  a  National  Council  for 
Transition,  with  a  mandate,  powers  and 
composition agreed by the stakeholders of the 
transition in Guinea. 

for 

1.  Lifting  of  the  precautionary  measures 
adopted 
and 
ongoing 
programmes  under  the  9th  and  earlier  EDFs, 
excluding  projects  for  the  rehabilitation  of 
public 
support 
decentralisation. 

buildings 

projects 

and 

to 

2.  Publication  of  the  electoral  roll  and  the 
decree  setting  the  dates  for  the  election  and 
for  the  official  opening  of  the  election 
campaign. 

2. Lifting of all precautionary measures under 
the 9th and earlier EDFs. 

3.  Official  closing  of  nominations  for  the 
presidential  election  (confirming  that  the 
President and members of the CNDD and the 
Prime Minister of the transitional government 
are not standing). 

3.  Clearance  of  arrears  to  the  EIB  on  loans 
from the EDF by mobilising the 10th EDF 'B' 
envelope,  subject  to  continuation  of  the  IMF 
programme and resumption of the debt relief 
process under the HIPC initiative. 

4.  The  holding  of  free  and  transparent 
parliamentary  and  legislative  elections  and 
appointment of the elected members. 

4.  Signing  of  the  updated  and  renegotiated 
10th EDF CSP/NIP. 

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