Explanatory Memorandum to COM(2012)26 - Adapting and extending the period of application of the appropriate measuresfirst established by Decision 2002/148/EC concluding consultations with Zimbabweunder Article 96 of the ACP-EC Partnership Agreement - Main contents
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| dossier | COM(2012)26 - Adapting and extending the period of application of the appropriate measuresfirst established by Decision 2002/148/EC ... |
|---|---|
| source | COM(2012)26  |
| date | 27-01-2012 |
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 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.
3. Under Article 2(3) 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 nine occasions, on 18 February 2003[3], 19 February 2004 i, 17 February 2005[5], 14 February 2006[6], 19 February 2007[7], 18 February 2008[8], 20 February 2009[9], 15 February 2010[10] and 16 February 2011 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. 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.
6. The EU supports the GNU in its entirety which presently constitutes 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.
7. Since February 2009, the GNU has taken effective steps for the economic and social stabilization of the country. While the implementation of political reforms remains slow, the overall situation, including political space and dialogue, keeps improving. Nevertheless, the transition is still fiercely resisted by those who have the most to lose.
8. Upon request of the Zimbabwean Government, 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 objective of the political dialogue is to progressively normalize EU-Zimbabwe relations along the implementation of the reforms necessary for democratic elections. Normalization of relations foresees the eventual lifting of Article 96 and also the revision of the Common Foreign and Security Policy Common Position[11].
9. As part of the overall re-engagement process, steps were taken in 2010 and 2011 to recalibrate EU measures in support of the GPA: 1) appropriate measures were modified in 2010 to allow support to institutions and processes related to the GPA implementation; 2) the European Commission prepared ad-hoc short-term responses to support the stabilization of the GNU and its reform program; and 3) in September 2010, Zimbabwe was notified of its allocation under the 10th European Development Fund.
10. EU support (around 90 million per year, including humanitarian aid) has made an important contribution to Zimbabwe's socio-economic recovery, restoring confidence and generating a sense of hope within the population. EU support to strengthen GPA related processes and institutions have helped enhance democratic space and supported the efforts of the region and reformers. Nevertheless, remaining restrictions on development assistance are used by conservative political forces to hamper political progress.
11. In 2011 the Southern African Development Community (SADC), under the leadership of President Zuma, has stepped-up its engagement on Zimbabwe. As facilitator in of the transitional process, South Africa has succeeded in aligning SADC Member States behind a firm line vis à vis ZANU PF and has resisted pressure for early elections. South Africa and SADC are currently engaging the GNU in an effort to establish an environment conducive to credible elections. Concerted regional efforts aim at ensuring that elections will take place only after reforms are implemented, including the adoption of a new constitution.
12. The relationship between South Africa and the EU on Zimbabwe has substantially deepened over the past two years, with increasingly converging views, creating opportunities for enhanced collaboration, even though South Africa, SADC and the three political leaders in Zimbabwe consider EU measures as an impediment.
13. The delayed constitutional process should culminate in a referendum during the first semester of 2012. The agreement on a draft constitution between the three parties and subsequent referendum will be an important stepping stone on the road to elections. Elections are expected to take place at the earliest in the second half of 2012, and at the latest early 2013 when they are legally due. As spelt out in the draft roadmap for elections, the adoption of the new constitution, agreement on a set of electoral reforms (including the establishment of a new voters' roll and the delineation of new constituencies) together with measures related to the opening of political space (i.e. media reforms, freedom of assembly) will be crucial steps towards credible elections.
14. The period leading up to and directly following the election is likely to be decisive for the future direction of Zimbabwe, and with implications for the Southern African region. At this critical juncture, it is important to calibrate EU instruments to best achieve the EU's objective which remains Zimbabwe's democratic transition toward peace and prosperity. The EU should make every effort to support the window of opportunity created by the GPA and the GNU, by supporting the efforts of the region and reformers, and help to overcome polarization.
15. Progress in the implementation of the GPA has been mixed. However it is important to further encourage the region and reformers and to adapt EU's instruments strategically to the political dynamics in Zimbabwe. It is therefore proposed:
– That the Council extends the existing Article 96 measures for a period of six months only. This will align Article 96 to expected in-country political developments. Progress in constitutional and electoral processes will be reviewed after 6 months, anticipating that the Constitutional referendum would have been completed by then.
– Engage the GNU to prepare a Country Strategy Paper (CSP) in the framework of the European Development Fund.
– To intensify the political dialogue between the EU and the GNU and to define further steps towards normalization[12] in response to concrete achievements preparing for credible elections. In this context, the EU would welcome a visit of the Zimbabwe re-engagement committee in Brussels.
– The EU will consider lifting the restrictions on development cooperation in light of concrete progress in the preparation of peaceful elections
16. The Commission proposes to inform the Government of Zimbabwe about the change 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 Welshman Ncube.
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.