Luxembourg, 25 June 2001

10245/01 (Presse 267)

 

PRESS RELEASE

Subject :

REVIEW OF THE COMMON POSITION ON HUMAN RIGHTS, DEMOCRATIC PRINCIPLES, THE RULE OF LAW AND GOOD GOVERNANCE IN AFRICA

 

Introduction

1. Article 5 of the Common Position of 25 May 1998 on human rights, democratic principles, the rule of law and good governance in Africa (98/350/CFSP) (OJ L 158, 2.6.1998, p. 1) stipulates that the Union's activities in implementation of this Common Position should be reviewed on a six-monthly basis. This report of the Presidency is the sixth of its kind and covers the period between 26 November 2000 and 25 May 2001.

2. Human rights, democratic principles and the rule of law are key elements in co-operation agreements between the EU and African countries, in particular in the Cotonou Agreement and the Agreement on Trade, Co-operation and Development with South Africa. Good governance is a fundamental element in the partnership between the European Union and the ACP countries, while serious cases of corruption may from now on lead to the implementation of a specific non-execution clause. Programmes to support e.g. development of human resources, capacity building, non-governmental organisations and other elements of civil society all aim at enhancing the basic prerequisites to create an environment conducive to sustainable democratic development in Africa. In the declaration by the Council and the Commission on the Community's development policy, adopted on 10 November 2000 on the occasion of the Development Council, human rights and democratic principles are regarded as horizontal aspects, which must be integrated into all development programmes.

3. During the period under review the situation in certain African countries with regard to human rights, democratic principles, the rule of law and good governance has continued to be an issue of constant concern. At the same time, there are a number of processes towards increased openness, pluralism, peace and stability.

 4. During the period under review the EU has undertaken action both at horizontal level (e.g. with regard to regional or sub-regional bodies, multilateral fora, etc.) and with regard to specific African countries.

 

 

EU action at horizontal level

5. The EU has inter alia:

- monitored closely developments in the political situation throughout the continent and made representations, issued declarations and common statements in multilateral fora, and conveyed its views through letters from the Presidency urging African Governments to respect human rights, democratic principles and the rule of law, in particular in the context of conflicts;

- continued to give high priority to democracy and human rights issues in the ongoing political _ dialogue with the OAU and regional organisations such as SADC, ECOWAS and IGAD, as well as in the context of EU-ACP relations and in contacts with individual countries; the most important meetings in this respect were the fourth EU-SADC Ministerial Conference in Gaborone, Botswana on 29 and 30 November 2000 and the ACP-EC Council of Ministers in Brussels, 11 May 2001;

- made full use, in a number of cases, of the new provisions of the Cotonou Agreement concerning political dialogue;

- continued to develop action in the field of human rights, including in the framework of the 57th meeting of the UN Human Rights Commission in Geneva; on this occasion, the EU introduced resolutions inter alia on the DRC and Sudan;

- provided financial and/or technical support to elections and sent election observers to certain African countries;

- examined a number of Communications from the Commission on horizontal issues, which are particularly relevant for the situation in Africa: electoral support and election observation; co-operation with ACP countries involved in armed conflict; conflict prevention; the EU's role in promoting human rights and democratisation in third countries; building an effective partnership with the United Nations in the fields of development and humanitarian affairs;

- adopted a Common Position on Conflict Prevention, Management and Resolution in Africa at the General Affairs Council of 14 May

- as a follow-up to the orientation debate on external action of the EU at the General Affairs Council of 22-23 January 2001, conducted a joint meeting between the Africa Working Group and the ACP Working Party on 15 March 2001 aimed at ensuring, through a cross-pillar approach, coherence between EU political, economic and development policies in relation to Nigeria.

 

 

 

Country-specific action

6. The EU has inter alia:

- followed with attention and concern the situation of human rights, democratic principles, the rule of law and good governance in the Great Lakes region and continued to press regional leaders for appropriate action, inter alia through its Special Representative for the Great Lakes Region, Mr Ajello;

- actively supported the renewed peace efforts in the Democratic Republic of Congo, on the basis of the Lusaka Cease-fire Agreement and UNSCR 1341. The Council held three debates (in January, February and May 2001) on the situation in the DRC and the region. It underlined the importance it attaches to the restoration of the sovereignty and territorial integrity of the DRC and to an inclusive, rapid and result-oriented national dialogue, leading to democratic reform and elections. It further welcomed the DRC vote in favour of the UN Commission on Human Rights resolution on the question of the death penalty, and urged the government of the DRC to work on internal legislation in the spirit of this resolution;

- monitored closely the human rights situation in Rwanda, in accordance with the new Common Position on Rwanda (2000/558/CFSP) and on the basis of a joint report by EU Heads of Mission in Kigali, elaborated in February 2001;

- expressed on several occasions its profound concern over the stalemate in the Burundi peace process, the continued violence and the humanitarian situation in the country. The EU continued to provide political and financial support for the Arusha peace process;

- followed with concern the developments in Zimbabwe, in particular the increased occurrence of unacceptable acts of political violence and intimidation. The European Union made considerable efforts to hold a constructive dialogue with the government on matters of urgent concern for the EU (rule of law; political violence; democratic principles and freedom of expression; appropriate action with regard to politically motivated crime; land reform; economic policy), as well as other issues of mutual interest;

- decided to propose to the Government of Zambia to enter into a dialogue on Human rights, democracy, the rule of law, economic governance and good governance. The main objective of such a dialogue would be to reassure the EU that a suitable political environment for the electoral process exists;

- continued to support efforts towards a political solution for the conflict in Angola, on the basis of its Common Position 2000/391/CFSP. The EU encouraged the government to strengthen democracy, including through increased involvement of civil society and a free press. It urged it to implement transparent management of public resources and to combat corruption and poverty;

- stated its concern, in a declaration issued on 2 May 2001, about threats and verbal attacks against minorities in Namibia as well as about the Government's ban on advertising in the independent media;

- pursued a dialogue with the Government of Mozambique and the parliamentary opposition, focussing on (1) constitutional matters, inter alia decentralisation and support for the electoral process, (2) issues relating to the rule of law, including the respect for human rights, good governance, support to the Parliament and to legal sector reform, (3) conflict prevention;

- expressed its readiness, following the violent events in Zanzibar in the aftermath of the elections in Tanzania on 29 October 2000, to support any efforts, which the parties themselves would undertake in view of reducing the tensions and to reinforce democracy and the rule of law;

- welcomed the signing, on 17 February 2001, of a framework agreement for reconciliation in the Comoros and reaffirmed its readiness to provide support to the democratisation process and, in the longer perspective, to the economic and social development of the country;

- actively supported, inter alia through the activity of the EU Presidency's Special Representative and with a significant contribution of member states to the UN Mission, the implementation of the peace agreement between Ethiopia and Eritrea, signed in Algiers on 12 December 2000, and encouraged both countries to work towards full normalisation of their relations. Following violent clashes and political tension in Addis Ababa, in April 2001, the EU, while deploring the riots and destruction, expressed to the government of Ethiopia its grave concern with reported acts of excessive violence by the security forces, arrests of opposition politicians and other human rights abuses;

- paid continued attention to the situation in Sudan, both in Government and in SPLA controlled areas. The EU pursued the renewed dialogue with the Government of Sudan in line with the joint declaration of 6 December 2000 and held meetings with the opposition in the margin of the EU-Sudan dialogue. The EU expressed concern at the lack of progress in the peace process and introduced a draft resolution on Sudan at the UNCHR in Geneva;

- noted that, despite the reported shortcomings, irregularities and intimidation observed in the course of the Presidential elections held in Uganda on 12 March 2001, several elements of the campaign marked an advance in political openness in Uganda. There was a genuine choice of candidates and alternative policy platforms. In view of the forthcoming parliamentary elections, the EU regretted the failure to adopt a satisfactory Political Organisation Bill and called for prompt action to restore public confidence in the electoral process;

- decided to propose to the Government of Kenya a broader and constructive political dialogue, as envisaged under the Cotonou Agreement, on issues of shared concern (democratic principles; human rights; constitutional review; economic and structural reform; governance; environment; security; regional affairs);

- sent a troika mission to Mogadishu, Hargeisa and Garowe, in February 2001, to call for a constructive dialogue aiming at the peaceful restoration of national unity in Somalia and called on neighbouring states and regional organisations to support efforts towards national reconciliation;

- worked towards strengthened relations with Nigeria in particular by holding a joint AWG/ACP Special Meeting on Nigeria, 15 March 2001, and subsequently adopting a Common Position on that country (2001/373/CFSP). This new Common position will constitute the basis for a close and regular political dialogue with Nigeria, aimed at supporting a consolidation of democracy, respect for human rights, the rule of law and good governance. On 30 January 2001, the EU condemned the use of corporal punishment in Zamfara State;

- followed with deep concern the political and humanitarian situation in Guinea, Liberia and Sierra Leone. The EU prepared in particular the sending of a high level mission to the region with the two main objectives of urging the leaders of these countries to work towards a political solution of the crisis and reiterating its support for conflict prevention and management by ECOWAS, including expressing EU's support, in principle, to an ECOWAS border force between Guinea and Liberia. Another objective of the mission was to express EU's support for UN sanctions towards Liberia;

- reopened consultations with Côte d'Ivoire, on the basis of Article 96 of the Cotonou Agreement. These consultations, which took place on 15 February 2001 in Brussels, were held in an open and constructive spirit. The European Union noted the Ivorian authorities' willingness to remedy the problems and in particular to do all within their power to ensure that the political system is opened to all shades of political opinion in the country. It also took note of the authorities' commitment to make progress towards an open political system, national reconciliation, the respect of human rights, and the rule of law. The Presidency and the Commission then engaged in an intensive dialogue during three months with the Ivorian authorities in Abidjan on the various points raised. The Council in June 2001 is expected to close the consultations and to decide on appropriate measures;

- continued to support the dialogue between government and opposition in Togo, based on the Lomé Framework Agreement signed on 29 July 1999, so as to help create the conditions for a proper conduct of the general elections (planned for October 2001) and conciliation in Togolese political life. In this context, the Council decided on 14 May 2001 to extend until 30 November 2001 the mission of the EU facilitators in Togo, which had been conducted since December 1998;

- welcomed the free, fair and transparent Parliamentary and Presidential elections held in Ghana on 7 and 28 December 2000;

- welcomed the free and fair Parliamentary elections held in Cape Verde on 14 January 2001;

- welcomed, in common with all international observers, the successful handling of Benin's Presidential elections;

- welcomed the launching of the national dialogue in the Republic of Congo on 17 March 2001, and encouraged the government to ensure that the continued dialogue is all-inclusive;

- expressed its view to the government of Chad that free, fair and transparent elections are vital for the continued stability of the country.

 

7. In the context of the present review, it should also be noted that on 30 November 1998 the Council adopted conclusions on democratisation, the rule of law, respect for human rights and good governance, underlining the important role of the EC development co-operation in supporting efforts in this area. The conclusions also emphasise the need for coherence with the Union's external policy, in particular as defined by the Common Position. In the declaration of 10 November 2000 by the Council and the Commission on the European Community's development policy, it was reaffirmed that Community development policy is grounded on the principle of sustainable, equitable and participatory human and social development, and that promotion of human rights, democracy, the rule of law and good governance are an integral part of it. With this in mind, the Council will seek to improve further the co-ordination between its various fora responsible for the different aspects of the issues covered by the Common Position. In particular, consistency between the implementation of the conclusions of the Council and the promotion of the objectives of the Common Position will be taken into consideration.

 

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