Proposal for a COUNCIL DECISION on adapting and extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
Date: 2011-02-01
Institutions: European Commission
Subjects: EU aid, Zimbabwe, cooperation agreement (EU), democracy, financial aid, human rights, political violence, rule of law

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EUROPEAN COMMISSION 

Brussels, 1.2.2011 
COM(2011) 30 final 

2011/0013 (NLE) 

Proposal for a 

COUNCIL DECISION 

on adapting and extending the period of application of the measures 
in Decision 2002/148/EC concluding consultations with Zimbabwe 
under Article 96 of the ACP-EC Partnership Agreement 

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EXPLANATORY MEMORANDUM 

On  18  February  2002,  the  Council  of  the  European  Union  decided  to  take 
"appropriate measures" against Zimbabwe1 following the consultations under Article 
96 of the ACP-EC Partnership Agreement2. These measures included the suspension 
of budgetary support, support for projects, and the signature of the 9th EDF National 
Indicative  Programme,  but  explicitly  did  not  affect  contributions  to  humanitarian 
operations and projects in direct support of the population, in particular in the social 
sectors,  democratisation,  human  rights  and  the  rule  of  law.  They  also  included 
suspension  of  Article  12  of  Annex  2  to  the  ACP-EC  Partnership  Agreement, 
concerning  current  payments  and  capital  movements,  in  so  far  as  required  for 
application of further restrictive measures, in particular for freezing funds. 

The  reasons  stated  for  introducing  these  measures  were  the  serious  violations  of 
human rights and of the freedom of opinion, of association and of peaceful assembly. 
The  attempts  by  the  Government  of  Zimbabwe  to  prevent  free  and  fair  elections, 
notably  by  refusing  access  for  international  election  observers  and  for  the  media 
were another reason. 

Under Article 2(3) of the Decision of 18 February 2002, the measures were to apply 
for  a  period  of  12  months,  but  would  be  revoked  once  the  prevailing  conditions 
ensured respect for human rights, democratic principles and the rule of law. 

On eight occasions, on 18 February 20033, 19 February 20044, 17 February 20055, 14 
February  20066,  19  February  20077,  18  February  20088,  20  February  20099  and  15 
February  201010  the  Council  concluded  that  the  essential  elements  referred  to  in 
Article  9  of  the  ACP-EC  Partnership  Agreement  continued  to  be  violated  by  the 
Government of Zimbabwe and that the prevailing conditions did not ensure respect 
for  human  rights,  democratic  principles  and  the  rule  of  law,  and  decided  to  extend 
the measures against Zimbabwe, each time for a further period of 12 months. 

The  Global  Political  Agreement  (GPA),  a  power  sharing  agreement  between  the 
three  main  political  parties  (ZANU  PF,  MDC-T,  MDC-M),  was  concluded  in 
September  2008,  following  elections  in  March  2008.  The  GPA  allowed  for  the 
establishment of the Government of National Unity (GNU), comprised of the leaders 
of each of the three parties, in February 2009.  

Cf.  Council  Decision  2002/148/EC  (OJ  L  50,  21.02.2002,  p.  64. Furthermore  (see  GAC  conclusions  of  18 February  2002)  the 
Council adopted targeted CFSP measures (Council Common Position 2002/145/CFSP and Council Regulation (EC) No310/2002 
concerning certain restrictive measures in respect of Zimbabwe, OJ L 50, 21.02.2002, pp. 1-12). 
Article  96  consultations  were  opened  with  a  view  to  agreeing  on  measures  to  be  taken  by  the  Government  of  Zimbabwe  to 
remedy the situation, in particular on five issues (end to all official tolerance of political violence; early invitation to international 
partners  to  support  and  observe  forthcoming  elections  and  full  access  to  that  end;  protection  of  the  freedom  of  mass  media; 
independence of the judiciary and respect for its decision; and end to illegal occupation of properties). 
OJ L 46, 20.02.2003, p. 25. 
OJ L 50, 20.02.2004, p. 60. 
OJ L 48, 19.02.2005, p. 28. 
OJ L 48, 18.02.2006, p. 26. 
OJ L 53, 22.02.2007, p. 23. 
OJ L 51, 26.02.2008, p. 19. 
OJ L 49, 20.02.2009, p. 15. 
OJ L 44, 16.02.2010, p. 20 

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The EU supports the GNU as the only political framework for restoring democracy. 
The GPA sets out a series of reforms which address EU concerns on human rights, 
rule of law and democratic principles such as the elaboration of a new constitution, a 
land  audit,  a  national  healing  process,  independence  of  the  media  etc.  Its 
implementation is essential for the conduct of credible elections. 

Upon  request  of  the  Government  of  Zimbabwe,  a  Ministerial  Troika  took  place  on 
18-19  June  2009.  The  Zimbabwean  Delegation  to  Brussels  was  led  by  Prime 
Minister  Morgan  Tsvangirai.  On  this  occasion,  Article  8  political  dialogue  was 
launched and was subsequently followed-up by an EU Troika visit to Zimbabwe on 
11-12 September 2009. 

The  parties  have  agreed  that  the  objective of  the  dialogue  will  be  to  establish  joint 
road  maps  with  a  detailed  action  plan  of  how  the  GNU  intends  to  implement  the 
GPA  and  how  the  EU  shall  improve  relations  with  Zimbabwe,  which  foresees  the 
eventual  lifting  of  Article  96.  Normalization  of  relations  would  also  allow  for  a 
revision of the Common Foreign and Security Policy Common Position11. 

In the interim, the European Commission prepared an ad-hoc short-term response to 
support the stabilization of the GNU and its reform programme. 

Since  February  2009,  the  GNU  has  taken  a  number  of  important  steps  for  the 
economic and social stabilization of the country. However, insufficient progress has 
been  acknowledged  in  the  implementation  of  political  reforms,  resulting  in  a 
constitutional crisis. 

The  Southern  African  Development  Community  (SADC),  under  the  leadership  of 
President  Zuma,  appointed  a  new  South  African  Facilitation  Team  which 
successfully mediated inter-party discussions and allowed for an effective assessment 
of GPA implementation. However, the prospects of impending elections have since 
revived inter-party tensions. 

South Africa and SADC are currently engaging the GNU in an effort to establish an 
environment conducive to credible elections. This process of engagement includes a 
consultative process between South Africa, SADC and the GNU to establish a road 
map  which  would  lead  to  democratic  elections.  South  Africa,  SADC  and  the  three 
political  leaders  in  Zimbabwe  consider  EU  measures  to  be  an  impediment  to  such 
efforts.  

Taking  into  account  the  mixed  substantial  progress  in  the  implementation  of  the 
GPA, the Commission is proposing to the Council to extend the existing Article 96 
appropriate measures until 20 February 2012. 

However,  the  EU  recognizes  the  unique  opportunity  for  reengagement  provided  by 
the  prospect  of  an  agreement  between  the  parties  to  the  GNU  on  a  roadmap  for 
elections,  to  be  endorsed  by  SADC.  The  Commission  proposes  to  the  Council  to 
reconsider the restrictions on development cooperation following the endorsement of 
the  road  map  for  elections,  for  example  at  the  next  SADC  Summit.  This  would 

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2009/68/CFSP of 26.01.09. 

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effectively allow for the drafting of a Country Strategy Paper (CSP). It is anticipated 
that the CSP would not be ready for signature before elections are held. 

Should  the  agreed  road  map  for  elections  fail  to  be  properly  implemented,  the  EU 
will reassess application of the restrictions on development cooperation under Article 
96. 

The Commission proposes to inform the Government of Zimbabwe about the shift in 
EU policy by way of a letter to be addressed to President Mugabe and copied to the 
two  other  Principals  of  the  GNU,  Prime  Minister  Tsvangirai  and  Deputy  Prime 
Minister Mutambara.  

Conclusion 

In  light  of  the  above,  the  Council  is  requested  to  adopt  the  attached  draft  proposal  for  a 
Council  Decision  extending  the  period  of  application  of  the  appropriate  measures  to 
Zimbabwe.  

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2011/0013 (NLE) 

Proposal for a 

COUNCIL DECISION 

on adapting and extending the period of application of the measures 
in Decision 2002/148/EC concluding consultations with Zimbabwe 
under Article 96 of the ACP-EC Partnership Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 
thereof, 

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 200012 and revised in Ouagadougou, Burkina Faso, on 23 
June  201013,  hereinafter  referred  to  as  "the  ACP-EC  Partnership  Agreement",  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 Agreement14, and in particular Article 3 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

By Decision 2002/148/EC15, the consultations with the Republic of Zimbabwe under Article 
96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, 
as specified in the Annex to that Decision, were taken. 

By  Decision  2010/97/CFSP16  the  application  of  the  measures  referred  to  in  Article  2  of 
Decision  2002/148/EC  was  extended  for  a  further  period  of  12  months  until  20 February 
2011. 

The creation of the Government of National Unity (GNU) was recognized as an opportunity 
to re-establish a constructive relationship between the European Union and Zimbabwe and to 
support the implementation of Zimbabwe's reform programme. 

(4) 

However,  recent  political  developments  coupled  with  absence  of  an  agreed  road  map  for 
elections  continue  to  undermine  such  efforts  as  does  the  lack  of  progress  by  the  GNU  to 

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OJ L 317, 15.12.2000, p. 3. 
OJ L 287, 4.2.2010, p. 3. 
OJ L 317, 15.12.2000, p. 376. 
OJ L 50, 21.2.2002, p. 64. 
OJ L 44, 16.2.2010, p..20. 

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implement  certain  essential  elements  of  the  ACP-EC  Partnership  Agreement,  to  which  the 
GNU had committed in the Global Political Agreement (GPA).  

(5) 

(6) 

The  EU  recognises  South  African  efforts,  as  facilitator  of  the  GPA,  to  arrive  at  an  agreed 
road map leading to credible elections. 

The  EU  will  therefore  reconsider  the  restrictions  on  development  cooperation  following 
endorsement by SADC of a road map for elections.  

HAS ADOPTED THIS DECISION: 

Article 1 

The  measures  referred  to  in  the  annexed  letter  are  hereby  reconducted  as  appropriate  measures 
within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement. 

These  measures  shall  apply  until  20 February 2012.  The  measures  shall  be  kept  under  constant 
review and will be reconsidered as soon as a road map for elections has been endorsed by SADC.  

The letter in the Annex to this Decision shall be addressed to President Mugabe of Zimbabwe and 
copied to Prime Minister Tsvangirai and Deputy Prime Minister Mutambara. 

Article 2 

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

Article 3 

Article 4 

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

Done at Brussels, 

For the Council 
The President 

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ANNEX  

LETTER TO THE PRESIDENT OF ZIMBABWE 

The  European  Union  attaches  the  utmost  importance  to  the  provisions  of  Article  9  of  the 
ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect 
for human rights, democratic institutions and the rule of law form the basis of our relations. 

By letter of 19 February 2002, the European Union informed you of its decision to conclude 
the  consultations  held  under  Article  96  of  the  ACP-EC  Partnership  Agreement  and  to  take 
appropriate measures within the meaning of Article 96(2)(c) of that Agreement. 

By letter of 15 February 2010, the European Union informed you of its decision not to revoke 
the appropriate measures and to extend the period of application until 20 February 2011. 

Since  the  establishment  of  the  Government  of  National  Unity  (GNU)  in  2009,  the  progress 
achieved  based  on  the  Global  Political  Agreement  (GPA)  has  been  welcomed  by  the 
European  Union.  The  European Union  reiterates  the  great  importance  it  attaches  to  the 
political  dialogue,  provided  for  in  Article  8  of  the  ACP-EC  Partnership  Agreement,  and 
officially  launched  at  the  request  of  the  Government  of  Zimbabwe  at  the  EU-Zimbabwe 
Ministerial Troika on 18-19 June 2009 in Brussels. At the most recent Ministerial Meeting of 
2 July 2010, an inclusive Zimbabwean Delegation headed by Minister Mangoma, handed over 
an  updated  version  of  the  GPA  Commitment  Plan.  The  European  Union  took  note  of  the 
progress  made  so  far  in  the  implementation  of  the  GPA  and  informed  the  Government  of 
Zimbabwe by letter of 29 September 2010 of the 10th EDF indicative allocation (€130 million 
to become available upon lifting of Article 96 and signing of a Country Strategy Paper).  

The  European  Union  supports  the  ongoing  efforts  of  the  GNU  to  implement  the  GPA,  and 
welcomes  the  achievements  made  in  stabilising  the  economy  and  restoring  basic  social 
services.  The  intensified  regional  diplomacy  led  by  South  Africa  in  support  of  reform  in 
Zimbabwe is equally positively acknowledged. However, the European Union regrets the lack 
of progress on key political agreements of the GPA, in particular those related to creating a 
conducive environment for democratic elections.  

In view of possible elections in 2011, the European Union considers an agreement between all 
parties  to  the  GNU  and  the  Southern  African  Development  Community  (SADC)  on  a  road 
map for elections to be of critical importance. This road map, which would establish a set of 
mutually  agreed  milestones  and  define  the  role  of  SADC  in  election  monitoring  and 
observation,  would  ensure  elections  reflect  the will  of  voters.  At  the  moment  of  renewal  of 
Article  96  appropriate  measures,  agreement  on  the  road  map  for  elections  had  yet  to  be 
reached. 

The  European  Union  has  therefore  decided  to  extend  until  20  February  2012  the  period  of 
application of the appropriate measures set out in Council Decision 2002/148/EC and updated 
in  Council  Decision  2010/97/CFSP.  However,  the  European  Union  recognizes  the  unique 
opportunity for reengagement provided by the prospect of an agreement between the parties to 
the GNU on a road map for elections, which should be endorsed by SADC. Accordingly, the 
European  Union  is  willing  to  reconsider  Article  96  measures  as  soon  as  a  road  map  for 
elections has been agreed by the GNU and endorsed by SADC. This signifies a shift in policy 
for the European Union, which we hope will give new impetus to enhancing relations between 
the parties.  

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Yours faithfully, 

For the European Union 

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