Explanatory Memorandum to COM(2010)19 - 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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dossier COM(2010)19 - Adapting and extending the period of application of the measures in Decision 2002/148/EC concluding consultations with ...
source COM(2010)19 EN
date 28-01-2010
1. On 18 February 2002, the Council of the European Union decided to take 'appropriate measures' against Zimbabwe i following the consultations under Article 96 of the ACP-EC Partnership Agreement i. 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, insofar as required for application of further restrictive measures, in particular for freezing funds.

2. 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 of the Zimbabwean government to prevent free and fair elections, notably by refusing access for international election observers and for the media were another reason.

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

4. On seven occasions, on 18 February 2003 i, 19 February 2004 i, 17 February 2005 i 14 February 2006 i, 19 February 2007 i, 18 February 2008 i and 20 February 2009 i 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.

5. 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. It allowed the setting up of an Inclusive Government in February 2009. It represented a significant step forwards towards a sustainable solution to the Zimbabwe crisis and an opportunity to re-establish a constructive relationship between the EU and Zimbabwe.

6. The EU supports the Inclusive Government and the GPA in its entirety which presently constitutes the only political framework for bringing the country back to 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, the independence of media, respect for rule of law and human rights. Its implementation will create the conditions for a full re-engagement of the EU with Zimbabwe.

7. At the request of the Zimbabwean Government, a Ministerial Troika meeting took place on 18-19 June 2009. The Zimbabwean Delegation to Brussels was led by Prime Minister Morgan Tsvangirai. The Article 8 dialogue launched at this occasion was followed up by an EU Troika mission to Zimbabwe on the 12 and 13 of September.

8. The parties have agreed that the objective of the dialogue will be to establish joint roadmaps with on one side, a detailed action plan of how the Government of Zimbabwe intends to implement the GPA, expecting all the parties present in the government to contribute, and on the other side an EU roadmap leading towards the normalisation of relations between the EU and Zimbabwe. The EU roadmap setting the normalization process includes the lifting, in due course, of the appropriate measures under Article 96. Normalization would also allow for a revision of the Common Foreign and Security Policy Common Position.

9. Meanwhile, the European Commission elaborated an ad hoc short-term response to support the stabilisation of the inclusive government and its reform programme.

10. Since February 2009 the Government of Zimbabwe has taken a number of important and effective steps for the economic and social stabilization of the country. However insufficient measures have been undertaken to ensure full implementation of the Global Political Agreement. Furthermore, stalled talks among the political parties and an increase in political violence in the country, particularly against MDC supporters and against human rights defenders, provoked disengagement by MDC-T from the Government in October 2009. This resulted in a constitutional crisis.

11. The Southern African Development Community (SADC) stepped up its mediation efforts and President Zuma of South Africa appointed a new South Africa Facilitation Team to unlock inter-party talks and to assess the implementation of the GPA. The constitutional crisis was contained and the basis for a renewed dialogue among the political parties was created aiming at GPA implementation.

12. Taking into account the above and in line with the process set out in the framework of the Article 8 political dialogue, the Commission therefore proposes to the Council to extend Decision 2002/148/EC for a further 12 months ending on 19 February 2011 and to adapt it to the creation of the Government of National Unity and the implementation of its reform programs.

13. The Commission proposes to inform the Government of Zimbabwe about the renewal of the appropriate measures with a letter which will be addressed to President Mugabe and copied to the two other political principals of the Government of National Unity, Prime Minister Tsvangirai and Deputy Prime Minister Mutambara. In addition it proposes

14. To include a reference reflecting transitional assistance to support the Global Political Agreement implementation and the recovery process of the country.

15. Given that the proposed Decision provides only for a minor change of the existing measures without any substantive modification, it is not considered necessary to reopen consultations with the Republic of Zimbabwe under Article 96 of the ACP-EC Partnership Agreement.

16. The EU remains committed to revitalize the Article 8 political dialogue with the Zimbabwean authorities to adopt jointly the roadmaps setting the conditions for full re-engagement with the country.

17. The Decision should be kept under constant review, and the measures should be revoked once the prevailing conditions, as set up in the roadmaps, ensure respect for human rights, democratic principles and the rule of law.

Conclusion

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