Proposal for a COUNCIL DECISION concerning the conclusion of consultations with the Republic of Guinea Bissau under Article 96 of the Cotonou Agreement
Date: 2011-07-01
Institutions: European Commission
Subjects: ACP-EU Convention, Guinea-Bissau, cooperation policy, democracy, human rights, rule of law

EUROPEAN COMMISSION 

Brussels, 1.7.2011 
COM(2011) 409 final 

2011/0178 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

 
 
  
 
EXPLANATORY MEMORANDUM 

On 31 January 2011 the European Union decided to open consultations with the Republic of 
Guinea-Bissau under Article 96 of the revised Cotonou Agreement. This decision was taken 
in the wake of the events of 1 April 2010. On that day, on the orders of the Deputy Chief of 
Staff  of  the  Armed  Forces,  General  Antonio  Indjai,  a  group  of  mutinous  soldiers  arrested 
Chief  of  Staff  José  Zamora  Induta  and  the  Prime  Minister  of  Guinea-Bissau.  Following  the 
mutiny  General  Indjai  became  de  facto  Chief  of  Staff  before  being  officially  appointed  on 
25 June 2010 by decree of the President, on a proposal from the government. 

The  appointment  on  8 October  2010  of  Admiral  Bubo  Na  Tchuto  as  head  of  the  navy 
constituted a further setback to good governance in Guinea-Bissau. Rear Admiral Na Tchuto 
played  a  destabilising  role  in  the  aftermath  of  the  mutiny  of  1 April  and  is  the  subject  of 
sanctions imposed by international partners for his suspected involvement in illegal activities. 

The European Union regards the mutiny of 1 April 2010 and the subsequent appointment of 
its  main  instigators  to  high-ranking  posts  in  the  military  hierarchy  as  a  serious  and  evident 
breach  of  the  essential  elements  of  Article  9  of  the  Cotonou  Agreement  (respect  for 
democratic  principles)  and  as  a  case  of  special  urgency  within 
the  meaning  of 
the  Guinea-Bissau  authorities  on 
Article 96(2)(b).  A 
2 February 2011 to invite them to hold consultations. 

therefore  sent 

letter  was 

to 

The  Guinea-Bissau  government  set  up  a  preparatory  committee  for  the  consultations  with  a 
view  to  meeting  the  concerns  raised  in  the  European  Union's  letter.  By  the  date  of  the 
consultations  some  progress  had  taken  place:  acceptance  of  the  ECOWAS  roadmap  for 
Security Sector Reform, adopted by the ECOWAS summit on 23-24 March 2011, adoption by 
the  government  of  an  operational  programme  to  implement  the  SSR  package  and  official 
launch and actual start-up of the Angolan mission (MISSANG) to support the reform. 

The  opening  meeting  of  the  consultations  took  place  in  Brussels  on  29  March  2011.  The 
Guinea-Bissau delegation comprised the Prime Minister and members of the government. A 
delegation  of  the  ACP  party,  including  countries  friendly  to  Guinea-Bissau,  the  AU,  the 
ECOWAS and the CPLP, took part as observers. 

In  the  course  of  the  meeting,  the  participants  were  informed  of  the  proposals  of  the 
Guinea-Bissau  side  for  progressively  ensuring  the  primacy  of  civilian  authority,  improving 
democratic governance, guaranteeing the safeguarding of constitutional order and the rule of 
law, and tackling impunity and organised crime. 

The undertakings made by the Guinea-Bissau side comprise, in particular: 

• 

• 

• 

the conduct and conclusion of judicial investigations and  proceedings that are fully 
independent  and  carried  out  under  appropriate  logistic  and  security  conditions, 
relating to the assassinations in March and June 2009; 

the  effective  implementation  of  the  security  sector  reform  based  on  the  strategy 
adopted  by  the  national  parliament  and  the  legislative  package  drawn  up  with  the 
support of the EU's CSDP mission; 

the renewal of the military hierarchy to ensure the appointment to senior command of 
persons  not  involved  in  unconstitutional  or  illegal  conduct  or  acts  of  violence,  in 

EN 

2 

   EN 

 
conformity with the conclusions and recommendations of the ECOWAS roadmap for 
Security Sector Reform; 

the approval of and assistance to an experts' mission to support security sector reform 
and  the  protection  of  political  figures,  to  be  carried  out  with  the  support  of 
ECOWAS, the CPLP and/or other partners; 

the preparation, adoption and effective implementation of national operational plans 
to implement Security Sector Reform and to combat drug trafficking; 

the  improvement  of  the  administrative  and  financial  management  of  civilian  and 
military employees, and measures to combat money laundering. 

• 

• 

• 

The European Union noted these undertakings in its conclusions on the consultations. It urged 
the representatives of the Republic of Guinea-Bissau to undertake judicial investigations and 
proceedings  into  the  events  of  1  April  2010  to  reinforce  efforts  to  tackle  the  problem  of 
impunity and to specify a more detailed timetable for implementation of these undertakings in 
compliance with the timeframe set out in the ECOWAS roadmap. 

With a view to safeguarding the essential elements referred to in the Cotonou Agreement, it is 
proposed  to  adopt  appropriate  measures  under  Article  96(2)(c)  of  the  Agreement  for  the 
gradual  resumption  of  cooperation  in  order  to  support  consolidation  of  the  rule  of  law  and 
democratic governance (see annexed draft letter). 

In  view  of  the  above,  and  in  accordance  with  Articles  9  and  96  of  the  revised  Cotonou 
Agreement,  the  Commission,  in  conjunction  with  the  High  Representative  of  the  Union  for 
Foreign  Affairs  and  Security  Policy,  proposes  that  the  Council  conclude  the  consultations 
with Guinea-Bissau and adopt the attached Decision. 

EN 

3 

   EN 

 
2011/0178 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

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  ACP-EC  Partnership  Agreement3,  and  in  particular 
Article 3 thereof, 

Having  regard  to  the  proposal  from  the  Commission  in  conjunction  with  the  High 
Representative of the Union for Foreign Affairs and Security Policy, 

Whereas: 

(1) 

(2) 

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

On  29  March  2009,  pursuant  to  Article 96  of  the  Cotonou  Agreement,  consultations 
started  with  Guinea-Bissau  in  the  presence  of  representatives  of  the  African, 
Caribbean  and  Pacific  Group  of  States,  including  the  African  Union,  ECOWAS  and 
the  CPLP  (Community  of  Portuguese  Language  Countries)  during  which 
representatives of the Guinea-Bissau government presented satisfactory proposals and 
undertakings. 

(3) 

 Consequently,  the  consultations  opened  under  Article 96  of  the  Cotonou  Agreement 
should  be  closed  and  appropriate  measures  adopted  for  the  performance  of  these 
undertakings. 

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 in OJ L 247, 9.9.2006, p. 48. 

EN 

4 

   EN 

 
                                                 
HAS ADOPTED THIS DECISION: 

Article 1 

Consultations  with  Guinea-Bissau  under  Article  96  of  the  Cotonou  Agreement  are  hereby 
concluded. 

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 

Article 3 

This Decision shall enter into force on the date of its adoption. It shall be valid for 18 months 
from the date of its adoption by the Council. It shall be reviewed regularly at least once every 
six  months,  preferably  in  the  light  of  joint  monitoring  missions  by  the  European  External 
Action Service and the Commission. 

Article 4 

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

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
 
ANNEX 

Draft letter 

President of the Republic of Guinea-Bissau, 

Prime Minister of the Republic of Guinea-Bissau, Sirs, 

The European Union regards the mutiny of 1 April 2010 and the subsequent appointment of 
its  main  instigators  to  high-ranking  posts  in  the  military  hierarchy  as  a  serious  and  evident 
breach of essential elements set out in Article 9 of the Cotonou Agreement. It has on several 
occasions expressed concern about the failure to ensure the primacy of civilian authority and 
to abide by the principles of good democratic governance in Guinea-Bissau. 

In  application  of  Article  96  of  the  Cotonou  Agreement,  the  European  Union  has  therefore 
engaged  in  a  political  dialogue  with  the  government  in  order  to  study  the  situation  and 
possible  solutions.  Following  the  agreement  of  the  Guinea-Bissau  government,  the 
consultations opened in Brussels on 29 March 2011. 

During  the  meeting  the  participants  discussed  the  necessary  measures  for  ensuring  the 
the 
primacy  of  civilian  authority, 
safeguarding of constitutional order and the rule of law and tackling impunity and organised 
crime.  Prior  to  the  consultations,  the  Guinea-Bissau  authorities  submitted  a  memorandum 
with proposals designed to assuage the concerns raised in the European Union's letter. 

improving  democratic  governance,  guaranteeing 

The European Union noted these undertakings in the course of the consultations, particularly 
as regards: 

• 

• 

• 

• 

• 

the conduct and conclusion of judicial investigations and proceedings  that are fully 
independent  and  carried  out  under  appropriate  logistic  and  security  conditions, 
relating to the assassinations in March and June 2009; 

the  effective  implementation  of  the  security  sector  reform  based  on  the  strategy 
adopted  by  the  national  parliament  and  the  legislative  package  drawn  up  with  the 
support of the EU's CSDP mission; 

the renewal of the military hierarchy to ensure the appointment to senior command of 
persons  not  involved  in  unconstitutional  or  illegal  conduct  or  acts  of  violence,  in 
conformity with the conclusions and recommendations of the ECOWAS roadmap for 
Security Sector Reform; 

the approval of and assistance to an experts' mission to support security sector reform 
and  the  protection  of  political  figures,  to  be  carried  out  with  the  support  of 
ECOWAS, the CPLP and/or other partners; 

the preparation, adoption and effective implementation of national operational plans 
to implement security sector reform and to combat drug trafficking; 

EN 

6 

   EN 

 
 
 
 
 
• 

the  improvement  of  the  administrative  and  financial  management  of  civilian  and 
military employees, and measures to combat money laundering. 

In its conclusions following the consultations the European Union urged the representatives of 
Guinea-Bissau to undertake judicial investigations and proceedings into the events of 1 April 
2010  to  reinforce  efforts  to  tackle  the  problem  of  impunity  and  to  specify  a  more  detailed 
timetable for implementation of these undertakings in compliance with the timeframe set out 
in the ECOWAS roadmap. 

The  European  Union  found  the  undertakings  made  by  Guinea-Bissau  broadly  encouraging 
Accordingly,  it  was  decided  to  close  the  consultations  and  to  adopt  appropriate  measures 
under Article 96(2)(c) of the Cotonou Agreement. 

The  gradual  resumption  of  cooperation  with  a  view  to  safeguarding  the  essential  elements 
referred  to  in  the  Cotonou  Agreement  will  take  place  in  the  following  stages  as  set  out  in 
Annex I (schedule of commitments): 

1. 

2. 

The European Commission is continuing to finance ongoing contracts, humanitarian 
and emergency operations, measures in direct support of the people of Guinea-Bissau 
and  projects  to  combat  transnational  crime  and  support  the  consolidation  of 
democracy Guinea-Bissau is eligible for the EDF MDG initiative. The allocation of 
funding  under  regional  projects  covering  Guinea-Bissau  and  from  other  EDF 
facilities  (water,  energy,  etc.)  and  the  launch  of  preparatory  measures  for  the 
implementation of future projects will be examined on a case-by-case basis. 

The suspension of projects and programmes in the 'Conflict Prevention' focal sector 
(with the exception of PROJUST, PARACEM and disbursement of contributions to 
the RSS pension fund under the PARSS programme to support reform of the security 
sector),  the  'Water  and  Energy'  focal  sector  (Bissau  Electrification  Project)  and 
outside the focal sectors (the Sustainable Management of Road Transport Project and 
Private Sector Support Programme) will be lifted as soon as the following take place: 

(i) 

(ii) 

submission of a detailed timetable for implementation of security sector reform 
undertakings in compliance with the ECOWAS roadmap. 

the  finalisation,  adoption,  enactment  and  publication  of  the  security  sector 
reform  legislative  package  drawn  up  with  the  support  of  the  EU's  CSDP 
mission;; 

(iii) 

the approval of and assistance to an experts' mission to support security sector 
reform and the protection of political figures, to be carried out with the support 
of ECOWAS, the CPLP and/or other partners, and; 

(iv) 

the  preparation,  adoption  and  a  start  to  effective  implementation  of  national 
operational  plans  to  implement  security  sector  reform  and  to  combat  drug 
trafficking and money laundering. 

3. 

Disbursement  of  the  EDF's  first  contribution  to  the  retirement  pension  fund  for 
elderly surplus staff in the security sector (PARSS programme, 9th EDF), conditional 
on  payment  of  the  government's  and  ECOWAS's  contributions,  and  resumption  of 
the  new  support  programme  for  the  justice  sector  (PROJUST,  'Conflict  Prevention' 
focal sector) will be subject to:  

EN 

7 

   EN 

 
(i) 

the conduct and conclusion of judicial investigations and proceedings that are 
fully  independent  and  carried  out  under  appropriate  logistic  and  security 
conditions, relating to the assassinations in March and June 2009, and; 

(ii) 

improvements  in  the  administrative  and  financial  management  of  public, 
civilian and military employees in Guinea-Bissau. 

4. 

The  European  Union  will  envisage  resuming  budget  support  and  preparing  a  new 
support programme for civil and military reforms (PARACEM, 'Conflict Prevention' 
focal sector), after: 

(i) 

continued effective implementation of national operational plans to implement 
security sector reform and to combat drug trafficking and money laundering; 

(ii) 

the commencement of judicial investigations and proceedings into the events of 
1 April 2010; 

(iii)  renewal of the military hierarchy to ensure the appointment to senior command 
of  persons  not  involved  in  unconstitutional  or  illegal  conduct  or  acts  of 
violence,  in  conformity  with  the  conclusions  and  recommendations  of  the 
ECOWAS roadmap for Security Sector Reform. 

The European Union reserves the right to amend these measures in the light of the changing 
political situation and progress in the implementation of commitments. 

As  part  of  the  procedure  under  Article 96  of  the  Cotonou  Agreement,  the  European  Union 
will continue to monitor the  situation  in  Guinea-Bissau closely over a period of 18 months. 
During this period an enhanced dialogue will be pursued with the government under Article 8 
of the Cotonou Agreement with a view to safeguarding the essential elements referred to in 
the  Agreement.  Regular  reviews  will  be  conducted  by  the  EU;  the  first  monitoring  mission 
should in principle take place within six months. 

The two parties undertake to hold a regular political dialogue under Article 8 of the Cotonou 
Agreement  on  reforms  in  the  area  of  political,  judicial  and  economic  governance,  paying 
particular  attention  to  the  reform  of  the  security  sector,  measures  to  tackle  impunity  and 
organised crime, particularly drug trafficking. 

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

For the Council 

C. ASHTON 

President 

For the Commission 

A. PIEBALGS 

Commissioner 

EN 

8 

   EN 

 
 
 
Annex I: 

Schedule of commitments 

Guinea-Bissau 

STATE OF PLAY 

Commitments by partners 

European Union 

and 

and 

to 
support 

 Financing  continues  for  ongoing  contracts, 
humanitarian 
emergency  operations, 
measures  in  direct  support  of  the  people  of 
combat 
Guinea-Bissau 
and  projects 
transnational 
the 
crime 
consolidation  of  democracy  Programmes  and 
actions  covered  by  appropriate  measures  have 
been  frozen.  The  country  is  eligible  for  the 
MDG  initiative.  The  allocation  of  funding 
covering 
under 
Guinea-Bissau  and  from  other  EDF  facilities 
(water,  energy,  etc.)  and 
launch  of 
preparatory measures for the implementation of 
future  projects  to  be  examined  on  a  case-by-
case basis by departments. 

regional 

projects 

the 

Resumption of projects and programmes:  

• 

in  the  'Conflict  Prevention'  focal  sector 
exception  of  PROJUST, 
the 
(with 
PARACEM 
of 
contributions  to  the  RSS  pension  fund 
under the PARSS programme) 

disbursement 

and 

• 

'Water  and  Energy'  focal  sector 

the 
(Bissau Electrification Project) 

•  outside  the  focal  sectors  (the  Sustainable 
Management  of  Road  Transport  Project 
and Private Sector Support Programme) 

•  Resumption of the support programme for 
the  justice  sector  (PROJUST,  'Conflict 

FIRST STEP 

•  Submission  of  a  detailed  timetable  for 
implementation  of  security  sector  reform 
the 
undertakings 
ECOWAS roadmap 

in  compliance  with 

•  Finalisation,  adoption,  enactment  and 
publication  of  the  security  sector  reform 
legislative  package1  drawn  up  with  the 
support of the EU's CSDP mission 

•  Approval  of  and  assistance  to  an  experts' 
mission  to  support  security  sector  reform 
and the protection of political figures, to be 
carried  out  with  the  support  of  ECOWAS, 
the CPLP and/or other partners 

•  Preparation, adoption and start to effective 
implementation  of  national  operational 
plans  to  implement  security  sector  reform 
and  to  combat  drug  trafficking  and  money 
laundering 

SECOND STEP 

•  Conduct 

and 

judicial 
investigations  and  proceedings  that  are 
fully  independent  and  carried  out  under 

conclusion  of 

EN 

9 

   EN 

 
 
 
 
 
Prevention' focal sector) 

•  Disbursement  of  the  contribution  to  the 
for  elderly 
retirement  pension 
the  security  sector 
surplus  staff 
(PARSS programme, 'Conflict Prevention' 
sector),  in  so  far  as  the  government  and 
ECOWAS provide the necessary funding 

fund 

in 

Resumption of programmes:  

• 

to support reform of the civil and military 
administration  –  PARACEM  ('Conflict 
Prevention' focal sector) 

• 

for budgetary support 

appropriate logistic and security conditions 
relating to the assassinations in March and 
June 2009 

• 

Improvements  in  the  administrative  and 
financial  management  of  public,  civilian 
and military employees in Guinea-Bissau 

THIRD STEP 

•  Effective 

implementation  of  national 
operational  plans  to  implement  security 
sector 
to  combat  drug 
trafficking and money laundering 

reform  and 

•  Commencement  of  judicial  investigations 
and  proceedings  into  the  events  of  1  April 
2010 

•  Renewal of the military hierarchy to ensure 
the  appointment  to  senior  command  of 
persons not involved in unconstitutional or 
illegal  conduct  or  acts  of  violence,  in 
the  conclusions  and 
conformity  with 
recommendations 
the  ECOWAS 
of 
roadmap for Security Sector Reform 

1 Security sector reform legislative package (for guidance): 

Strategic National Defence Concept, National Defence Act, Organisation of the Armed Forces Act, General Staff 
of the Armed Forces Act, Army Act, Navy Act, Air Force Act, Ministry of National Defence Act, Military Status 
Act  (amendments  to  Act  No 3/99),  Military  Service  Act  (amendments  to  Act  No 4/99),  Ministry  for  Internal 
Affairs Act 

EN 

10 

   EN