CELEX: 51997PC0441
Language: en
Date: 1997-09-19
Title: Proposal for a Council Decision on a TACIS civil society development programme for Belarus for 1997

COMMISSION OF THE EUROPEAN COMMUNITIES
                                Brussels, 19.09.1997
                                COM(97) 441 final
                 Proposal for a
            COUNCIL DECISION
        ON A TACIS CIVIL SOCIETY
DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997
        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
 1.  The political climate in Belarus has seriously deteriorated since November 1996 implying a
     substantial change in bilateral relations with the EU. Before that date, already a halt in
     economic reform had been observed, leading to the necessary redirection of EC assistance in
     the field of privatisation and enterprise restructuring in particular. On 24 November 1996, a
     popular referendum was called by President Lukashenko which proposed, amongst other
    things, to amend the 1994 Constitution which was in force, with a view to strengthening
     presidential powers. The Belarus Constitutional Court indicated that the results of the
     referendum on constitutional reform would have consultative value only. The President
    revoked by Decree the Constitutional Court finding and considered the results of the
    referendum as binding. Consequently, as the outcome of the referendum on constitutional
    reform was positive, the President adopted his Constitution draft proposed by referendum.
    The amendment of the Constitution brought to the concentration of powers (executive,
    legislative, judicial) in the hands of the President, as well as the dissolution of the 13th
    Parliament in place, which had been democratically elected, and the nomination by the
    President of a new National Assembly. The internal situation of Belarus further deteriorated,
    bringing undue arrests and mistreatment of members of the opposition, independent media,
    representatives of foreign countries and institutions, who had expressed their opinion against
    the regression in the démocratisation process. Charity institutions, foundations and NGOs in
    particular were also submitted to repressive actions and increasing limitations of freedom of
    activity.
2.  The EU reacted immediately to these developments. On the one hand, the Commission
    suspended normal Tacis programming with Belams, until further notice. Consequently, no
    Indicative Programme 1996-1999 nor Action Programme could be negotiated with the
    Belarusian authorities. Only ongoing Tacis projects of past Action Programmes and regional
    or multi-country Programmes (e.g., Cross-border Cooperation, Interstate, LIEN, City
    Twinning, Democracy) were allowed to continue despite difficult circumstances.
3.  On the otlier hand, following the decision of the General Affairs Council of 20 January 1997,
    the Presidency sent a fact-finding mission (FFM) to Minsk on 26-31 January 1997 to
    establish facts on the organisation of the referendum, its results, the changes which it had
    implied, and the overall internal situation which had developed in the country. The FFM
    found that the establishment, execution and implementation of the referendum could not stand
    the test of criticism on minimal democratic standards and general principles of the rule of
    law. The referendum was only consultative, therefore the Constitution of 1994 was still the
    supreme law of the Republic of Belarus and the Supreme Council elected in 1995, on the
    basis of this Constitution, for a period of 5 years, was the only lawful Parliament in the
    Republic of Belarus. Since a majority of the population had expressed preference for a more
    presidential system than the existing, the new Constitution to be drafted should be more
    presidential but the requirement of the trias politico should still be respected in order to
    satisfy democratic standards and general principles of the rule of law. The FFM
    recommended to offer assistance to Belarus to influence the development of democracy
    towards the separation of powers, the freedom of and fair access to the media, and support to
    equip the electorate of Belarus to take part in free elections.
4.   Following the conclusions and recommendations of the FFM, the Council issued Conclusions
     on 24/02/97 where it expressed grave concern "about the present constitutional and
    political situation in Belarus, which seriously impairs the prospects for the necessary
     democratic and economic reforms. " For this reason, the Council adopted a position whereby
     i%
        in the absence of convincing efforts on the part of Belarus to proceed with the necessary
     democratic and economic reform (...) the El) will not proceed with the conclusion of the
     Interim Agreement or with the Partnership and Cooperation Agreement; technical
     assistance programmes of the Community (...) will be reviewed and assessed on the
     premise that they should directly benefit the reform process" However, "the EU is
                                                A
 ---pagebreak---      prepared to offer Belarus advice and enter into a comprehensive dialogue with the
     Belarusian authorities and representatives of the opposition, with the aim of assisting
     Belarus to embark on democratic and economic reform." The Council therefore left the door
     open for dialogue and assistance to Belarus in the process of démocratisation and, in
     particular, offered advice on constitutional matters, freedom of the media, and the respect for
     human rights which "will be a central element in the overall approach of the EU to its
     relations with Belarus". This position was reiterated and further formalised in the Council
     Declaration of 29/04/97, where "the EU reiterates its position that cooperation between EU
     Member States and institutions and Belarus cannot proceed in the absence of convincing
     efforts to establish such a system", i.e. "a political system which respects the
     internationally accepted norms for human rights and political freedoms", but "the EU in
     close cooperation with the OSCE and the Council of Europe is prepared to assist the
     Belarusian authorities in the process of démocratisation"
5.   Article 5 of the Tacis Regulation (Council Regulation No 1279/96 of 25 June 1996) foresees
     the establishment of an Indicative Programme 1996-1999 and of a subsequent Action
     Programme, in accordance with the procedure provided for in Article 8, as the necessary
     basis to launch any Tacis project in a beneficiary state over the period 1996-1999. In the
     case of Belarus, these steps were impossible to undertake. In principle, therefore, the
     Commission would not be in the position to deliver the specific assistance to Belarus which
     has been offered by the Council.
6.   However, Article 3(11) of the Tacis Regulation provides for the opportunity for the Council
     to take "appropriate measures" concerning assistance to a partner State when "an essential
     element for the continuation of cooperation through assistance is missing, in particular in
     cases of violation of democratic principles and human rights."
7.   The present situation in Belarus falls within the scope of Article 3(11), for the cases of
     violation of democratic principles and human rights in particular. The position of the
      Council is to support assistance in the process of démocratisation of Belarus, i.e. for the
      Community to act in Belarus to try and bring the country back on the right track, in
     particular for constitutional reform, the respect of human rights and the freedom of the
     media.
8.   In certain cases, the appropriate measures of Article 3(11) may also mean positive incentive
     measures. The word of the Council in its Conclusions of 24/02/97 and Declaration of
      29/04/97 indicates precisely this possibility. The Commission therefore proposes, on the
      basis of Article 3(11) of the Tacis Regulation and the expressed Council position towards
     Belarus, to take positive incentive measures in the case of Belarus to avoid isolating further
     the country.
9.    In accordance with the scope of Article 3(11), the appropriate measures will not be
      negotiated with the country. Therefore they shall be offered as a package to the Belarusian
      authorities.
 10. In compliance with both Article 3(11) and the Council's position towards Belarus, the
      Commission proposes, as the appropriate measure for Belarus, to set up a Tacis programme
      for 1997 of 5 Mecu, the Civil Society Development Programme for Belarus, with the
       ultimate aim to help restore the démocratisation process and regenerate the civil society in
       Belarus. Both the activities and the target groups to be included in the programme would be
       in the scope of Article 3(11) and in accordance with the Council Conclusions of 24/02/97
       and Declaration of 29/4/97.
 11. The proposed programme would concentrate exclusively on one of the priority sectors of
       Tacis, indicated in Annex II of the Tacis Regulation, i.e. the "human resources development"
                                                2
 ---pagebreak---      sector which includes, inter alia, "strengthening of the civil society", "legal assistance" and
     "education, training".
12. One of the topical areas identified by the Council and which shall be treated by the
     programme is constitutional reform. There are general principles which any Constitution
     should include in order to satisfy democratic standards and general principles of the rule of
     law, such as the requirement of the separation of powers. If the people of Belarus have
     expressed a preference for a more presidential Constitution at the referendum in November,
     the new Constitution to be adopted should respect both this wish and the general principles
     mentioned. Projects in this legal area would aim at working with targeted Belarusian
     authorities, like the Ministry of Justice, with the Courts, other legal professions, the Law
     students of Universities and other relevant institutions of Belarus. This activity would
     ultimately aim at the broadest and deepest possible understanding of decision-makers,
     political and legal, and the young people of the principles to be embedded in a Constitution of
     a State which is subject to the rule of law.
13. Media freedom, freedom of expression, free access to the media are another pillar and
     guarantor of democracy. During the period of the referendum in November but also on other
     important circumstances, the lack of these freedoms and the subsequent restrictions to those
     were observed with concern in Belarus. It is therefore important for the Community to act in
     this area through the programme proposed. Assistance would concentrate on the regulatory
     framework ensuring the free operation of the media, in line with democratic practice, on the
     duties and rights of journalists in a situation of independence, as well as on techniques of
     modern journalism. Target groups would essentially be all the media, but also decision-
     makers, political and legal. Actions foreseen may include training on ethics of an independent
     profession, on the rights and duties of media in a situation of freedom, legal courses and
     training on relevant EC laws, provision of equipment, organisation of workshops, seminars,
     conferences on relevant topics of modem journalism.
14. A third area of action that the proposed programme needs to address is the support to the
     civil society as such, which naturally includes the respect for human rights and addresses
     also the protection of weaker strata of the population (minority groups, etc.). The main target
     group of this action would be the NGOs. The purpose of the action would be not only to
     monitor and support the existing network of NGOs, which has been hit hard by the
     deterioration of the internal situation in Belarus, the recent measures of the Government
     reducing the financial capacity and freedom of action of the NGOs, but also to empower it
     and better identify it with the help of the EU NGO networks and experience. In order to
     achieve this effectively, however, a clear legal framework needs to be developed in Belarus
     for NGOs. Assistance on this legal but essential aspect of the issue would be considered as
     well.
15. The fourth and final area of action which is foreseen under the programme proposed would
      cover institutional twinning. The aim would be to support east-west cooperation of
      institutions, universities and local authorities on education, civic rights, and self-governance,
      which are also at the basis of the démocratisation process and should be continuously
      supported. This area, compared to the previous three, has the advantage of being based more
      on proposals rather than on imposition, and is therefore a necessary positive complement
      which renders the programme proposed more balanced.
 16. The Tacis Coordinating Unit of Belarus which is the main interlocutor of the Commission in
      the programming of Tacis may be consulted in the preparation of the programme. However,
      given point 9 above, the demand-driven nature of the Tacis programme will not apply in this
       case.
                                                  4
 ---pagebreak--- 17. Once the Council adopts the Decision, the Commission will prepare the 5 Mecu programme
    in detail and present it to the Tacis Committee. Thereby, the programme shall re-enter into
    the normal Tacis programming procedures, as stated in Article 8.
18. The implementation of the projects of the programme would follow normal Tacis rules and
    procedures.
19. The Council is requested to adopt the annexed proposal for a Council Decision on a Tacis
    Civil Society Development Programme for Belarus for 1997.
                                            s~
 ---pagebreak--- PROPOSAL FOR A COUNCIL DECISION ON A TACIS CIVIL SOCIETY
DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community and the Treaty
establishing the European Community of Atomic Energy (Euratom),
Havingregardto Council Regulation No 1279/96 of 25 June 1996 concerning the provision
of assistance to economic refomi and recovery in the New Independent States and Mongolia,
and in particular to Article 3(11) thereof;
Having regard to the Commission proposal,
Whereas the internal situation of Belarus has deteriorated, in particular since November
1996, leading to a step backwards in the process of démocratisation and the restriction of
basic liberties and violations of human rights,
Whereas, for this reason, no Tacis Indicative Programme 1996-1999 nor, consequently,
Action Programme could be negotiated with Belarusian authorities,
Whereas the Council has adopted a position towards Belarus which is stated in the
Conclusions of 24/02/97 and the Declaration of 29/04/97, suspending cooperation with the
Belarusian authorities in the absence of convincing efforts to proceed with the necessary
democratic reforms, but offering assistance to Belarus in the process of démocratisation, in
particular in three specific and topical areas: constitutional refomi, human rights protection
and freedom of the media.
Whereas the Commission has provided support for the process of démocratisation through
Budget line B7-7010, but that effort should be deepened and complemented by other
measures,
Whereas Article 3(11) of the Tacis Regulation allows the Council to take appropriate
measures concerning assistance to a partner State when an essential element for the
continuation of cooperation through assistance is missing, in particular in cases of violation
of democratic principles and human rights,
HEREBY DECIDES AS FOLLOWS:
•   Article 1:      "The Civil Society Development Programme for Belarus for 1997 is
                     hereby approved for a maximum amount of 5 Mecu."
• Article 2:         "The Programme will be implemented by the Commission, acting in
                     accordance with the procedure laid down in Article 8 of Regulation
                     1279/96."
• Article 3:         "This Decision shall be published in the Official Journal of the
                     European Communities."
 Done at Brussels,
                                            Q
 ---pagebreak---                                     FINANCIAL FICHE
     TACIS CIVIL SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS
                                         FOR 1997
1. Budget Line: B7.520 - Assistance to economic reform and recovery in the New
                            Independent States and Mongolia
   Amount of the programme from the 1997 budget: 5 Mecu
2. Legal basis: Article 3(11) of Council Regulation No 1279/96 of 25 June 1996
3. Description of the Action
• the general objective of the programme is the targeted support to Belarus to restart the
   démocratisation process, notably through assistance on constitutional reform and the
    freedom of the media, the development of the civil society and education.
• the funds shall be spent essentially to finance actions which will be necessary for
   identifying, preparing and implementing projects of technical assistance essentially in the
   areas mentioned (e.g. provision of legal expertise, technical and ethical training schemes,
   support for courses, workshops, conferences), but also of equipment.
• the proposed programme falls under the 1997 budget.
4. Classification of expense
   DNO. Non obligatory expense.             CD. Dissociated credits.
5. Type of expense
   100% grant.
6. Adopted type of calculation
   The amount indicated has been forecasted on the basis of past experience on similar
   projects during past exercises.
7. Schedule of payments
   Commitment: during the ongoing budgetary exercise and on the funds of B7.520: 5 Mecu
   Payments: present forecasts for disbursment are:
                             1997: 0 Mecu
                             1998: 5 Mecu
                                        Q-
 ---pagebreak--- Programme title:                   TACIS CIVIL SOCIETY DEVELOPMENT
                                   PROGRAMME FOR BELARUS FOR 1997
Programme cost:                    5 Mecu
Programme beneficiaries:           Relevant Belarusian authorities (e.g., Ministry of Justice,
                                   Courts), university students (e.g., Law), journalists, NGOs, local
                                   authorities (e.g., municipalities).
Institutional appraisal:           Recent political developments in Belarus impeded the normal
programming process of Tacis. The results of the popular referendum held in November 1996,
considered by the EU as illegitimate, led to the adoption of a new Constitution, concentrating all
powers in the hands of the President, and the dissolution of the 13th democratically elected
parliament followed by the nomination of a new parliament directly by the President. Since then, a
number of restrictions of freedoms and violations of human rights were observed in Belarus. As a
consequence, the Commission could not negotiate with the Belarusian authorities a Tacis
Indicative Programme 1996-99 and hence an Action Programme. The Council, in its Conclusions
of 24/02/97 and Declaration of 29/04/97, suspended the implementation of the Interim Agreement,
the conclusion of the PCA, and the support for Belaais membership in the Council of Europe.
However, the Council left the door open for a constructive dialogue and offered assistance to
Belarus in the necessary démocratisation process, notably on constitutional refomi, human rights
protection and freedom of the media. The Commission had no possibility to honour this offer given
the lack of new Tacis funds for Belarus.
Justification and Objectives: Article 3(11) of Tacis Regulation (Council Regulation No
 1279/96 of 25 June 1996) provides for the Council to take "appropriate measures" concerning
assistance to a partner State when "an essential element for the continuation of cooperation
through assistance is missing, in particular in cases of violation of democratic principles and
human rights." In accordance with Article 3(11) and the Council position towards Belarus which
foresees the provision of targeted assistance to this country for the sake of the démocratisation
process, the Commission proposes, as the appropriate measure for Belarus, to set up a Tacis
programme for 1997 of 5 Mecu, the Civil Society Development Programme for Belarus, with the
ultimate aim to help restore the démocratisation process and regenerate the civil society in Belarus.
Programme components:
(1)      Constitutional reform: approx. 1 Mecu, mainly for legal training, provision of relevant
         comparative laws in EU, courses, workshops.
 (2)     Freedom of the media: approx. 1.5 Mecu, mainly for training on ethics of an independent
         profession, on the rights and duties of media in a situation of freedom, legal courses and
         training on relevant EC laws, provision of equipment, organisation of workshops,
         seminars, conferences on relevant topics of modem journalism.
 (3)     Civil society support: approx. 1.5 Mecu, mainly for further support of the NGOs by
         commitment through the channel of the Tacis Democracy Programme both for macro-
          project and micro-project proposals.
 (4)      Institutional twinning: approx. 1 Mecu, mainly for institutional east-west cooperation like
          city twinning, further and higher education.
  Implementation and timetable, 2 years
                                                   <r
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 441 final
                                             DOCUMENTS
EN                                                            01  11 15    10
                                    Catalogue number : CB-CO-97-463-EN-C
                                                             ISBN 92-78-24565-8
Office for Official Publications of the European Communities
L-2985 Luxembourg
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