Proposal for a COUNCIL DECISION CONCLUDING CONSULTATIONS WITH THE COMOROS UNDER ARTICLE 366a OF THE LOME CONVENTION AND TAKING APPROPRIATE MEASURES

(presented by the Commission)

EXPLANATORY MEMORANDUM

Years of political instability in the Comoros came to a head in 1997 when the island of Anjouan declared independence, creating a secessionist crisis that led to the military coup on 30 April this year.

At an OAU-sponsored conference on national reconciliation held in Antananarivo (Madagascar) in April this year, which was backed by the EU, Anjouan's delegation concluded but did not sign an agreement granting greater autonomy to the three Comorian islands. The resulting demonstrations against the Anjouanese served the army as a pretext for seizing power.

Colonel Azali Assoumani, who led the bloodless coup, immediately repealed the constitution and dissolved the institutions of democracy.

On 6 May Colonel Azali appointed a committee of state, led by himself as head of state and sole legislative and executive authority, to run the ministries. This committee was placed under the control of a council of state drawn mainly from the armed forces; its remit includes supervising the activities of the administration.

The European Union unequivocally condemned the military intervention and called for the restoration of the legitimate government. Its declaration stated that it would be reviewing its cooperation with the Comoros under the procedure laid down in Article 366a of the Lomé Convention with a view to opening consultations to assess the situation in the country in depth and, if necessary, remedy it.

Frank and transparent consultations took place in Brussels on 26 July (Council document No 9373/99). On behalf of the Union, the President of Coreper issued a declaration underlining a number of points:

? The Union and its ACP partners attach great importance to the rights and fundamental freedoms described in Article 5 of the Lomé Convention.

? Considering that the country cannot be governed by an authority that came to power by force and concentrates executive, legislative and judicial powers in one person, the Union believes that the current president should rapidly be replaced by a democratically elected president.

? The Union takes note of the elections scheduled for April 2000 to elect a democratic government, but notes that some aspects of the constitutional process remain unclear.

? Unless there is rapid progress towards the restoration of democracy, appropriate measures may be taken, including the partial or total suspension of the Convention.

The Comorian delegation, headed by a personal adviser to the head of state, expressed the authorities' wholehearted wish to restore normal constitutional rule as quickly as possible, in line with a demanding timetable scheduling free elections over a period of one year, as provided for in the Antananarivo agreement. The constraints of the timetable lie mainly in the need to draft a new federal constitution capable of producing a consensus among the political forces of the three islands and to put that constitution to a referendum.

Though optimistic about the prospects for the rapid resolution of the Anjouan problem, the Comorian delegation stressed the importance of EU aid for organising the elections.

At the close of consultations, the EU Presidency noted with satisfaction the commitment of the interim authorities to taking the measures necessary to prepare a new constitution based on the Antananarivo agreement and to comply with the electoral timetable culminating in the inauguration of a democratically elected president in April 2000. Accepting the request for EU assistance for the restoration of constitutional rule, the Presidency said that aid during the transition period would be focused aid on measures to help the people.

To assess progress and prospects and identify the resources needed to implement the constitutional and electoral process, the Commission sent two expert missions to The Comoros. Sent to assess needs, the first team, which started work on 15 August, raised doubts about the feasibility of the electoral timetable adopted, given the uncertain institutional framework. The team nevertheless drafted proposals enabling the Commission, in close liaison with the UNDP, to begin appraising an electoral support project for implementation as soon as the obstacles to institutional reform were lifted.

The second team, whose role was to assist with the preparation of a new constitution, began work on 18 October. It will report before the end of November on the prospects for resolving the constitutional problems. Despite the slow progress - the setback represented by Anjouan's failure to sign the Antananarivo agreement has been aggravated by opposition from some politicians and the absence of the Anjouanese from the constitutional work - the current initiatives suggest that the authorities wish to break the deadlock that prevailed until the end of August.

Taking the Antananarivo agreement as its frame of reference, a subcommittee of lawyers set up in early September has drafted a working document concerning a draft constitution for the union of the islands of the Comoros. Furthermore, preparations for the ballot - updating electoral registers, establishing electoral maps, drawing up inventories of electoral equipment - began on 15 October. The deadline for completion is 15 December.

It is far from certain that the interim authorities can respect the electoral timetable initially announced. It is clear from the report submitted to the Commission by the authorities on 8 October that the absence of clear commitments from the Anjouanese side makes any timetable speculative. The recent resumption of the OAU's mediation efforts, the preparation of a draft constitution and the start of preparations for a ballot nevertheless suggest that the electoral process could nevertheless be under way by April 2000.

Though the authorities pledge to restore democratic rule as soon as possible, the Commission notes that an essential element of Article 5 has been violated and that this state of affairs may last for some time. In view of the complex political situation, and in particular the constitutional deadlock, the Commission proposes that the European Union apply appropriate measures under Article 366a(3) of the Lomé Convention.

The appropriate measures, which are set out in the annexed draft letter, are based on the premise of a transition phase lasting until April 2000 at the latest and followed by the effective start of the electoral process. During the run-up to the elections, support will be confined to the democratic process, humanitarian aid and decentralised cooperation. Once the electoral process is under way, support may be extended to measures to assist local communities. The implementation of any other development projects will depend on the inauguration of a new democratic government.

In any event, by April 2000 at the latest the Commission will examine the progress made, taking as its main indicators the effective organisation of the referendum on the constitution and the establishment of a tight, workable and credible election timetable. Should progress be insufficient, the Commission will propose additional measures to the Council.

In the light of the above and pursuant to Articles 5 and 366a of the Lomé Convention and Article 2 of Council Decision 1999/214/EC, the Commission proposes that the Council decide:

? to conclude the consultations under way with The Comoros and, for the period to 30 April 2000, to take the measures proposed above, which are set out in the draft letter annexed to this draft decision.

Proposal for a

COUNCIL DECISION

CONCLUDING CONSULTATIONS WITH THE COMOROS UNDER ARTICLE 366a OF THE LOME CONVENTION AND TAKING APPROPRIATE MEASURES

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the fourth ACP-EC Convention [1], as amended by the Agreement signed in Mauritius on 4 November 1995, [2]

[1] OJ L 229, 17.8.1991, p. 3.

[2] OJ L 156, 29.5.1998, p. 3.

Having regard to Council Decision 1999/214/EC on the procedure for implementing Article 366a of the fourth ACP-EC Convention, and in particular Article 2 thereof, [3]

[3] OJ L 75, 20.3.1999, p. 32.

Whereas :

(1) The military coup of 30 April 1999 in the Comoros violated the essential elements cited in Article 5 of the fourth Lomé Convention.

(2) During frank and constructive consultations on 26 July 1999 the Comorian authorities reaffirmed their commitment to restoring democracy by the end of April 2000.

(3) Respect for democratic principles and political rights has yet to be restored in the Comoros.

(4) Special measures are therefore needed to help restore democracy and political rights during the transition period,

HAS ADOPTED THIS DECISION:

Article 1

The consultations opened with the Comoros under Article 366a(2) of the fourth ACP-EC Convention are hereby terminated.

Article 2

The measures set out in the annexed draft letter, which is an integral part of this decision, are hereby adopted as appropriate measures within the meaning of 366a(3) of the fourth ACP-EC Convention.

Article 3

This decision will be published in the Official Journal of the European Communities. It shall expire on 30 April 2000.

This decision is addressed to the Member States.

Done at Brussels, [&]

For the Council

The President

ANNEX

DRAFT LETTER

Brussels,

Sir,

In its declaration of 7 May 1999, the European Union roundly condemned the overthrow of the legitimate government of the Comoros by the armed forces. It also regretted the repeal of the constitution and the dissolution of the democratic institutions.

The Union attaches great importance to the provisions of Article 5 of the Lomé Convention. Respect for human rights, democratic institutions and the rule of law is an essential element of the Convention and, as such, the foundation for our relations.

The Union considers the seizure of power and the dissolution of democratic institutions grave violations of the above principles and believes that the current regime should rapidly hand over to a democratically elected government.

On 12 July 1999 the Union decided pursuant to Article 366a of the Convention to invite the authorities of the Comoros and of the ACP countries to open consultations to examine in depth and remedy the situation.

At the frank consultations in Brussels on 26 July, the Comorian representatives stressed a series of political commitments:

? They reaffirmed the will to restore normal constitutional rule as soon as possible. This would be done by means of free elections following the timetable below:

- December 1999: referendum on the Constitution

- February 2000: election of the legislature

- March 2000: election of the executive

- April 2000: election and inauguration of the president of the Union

? Efforts to reach a lasting settlement of the secessionist crisis will continue.

? There will be no restrictions on the activities of political parties and trade unions, and freedom of the press and access to the media will be guaranteed.

? An independent national electoral commission will be set up.

? The Head of State and members of the Council of State have pledged not to stand in any of the elections.

? Regular progress reports will be presented during the transition period.

In the light of these commitments, and in view of the report of 8 October from the authorities raising doubts about their ability to respect the timetable announced, the European Union and its Member States propose to conclude the consultations opened under Article 366a of the Lomé Convention. There being no guarantee that democracy will be restored in the near future, the Union has decided, by way of appropriate measures under Article 366a(3), to take the following steps:

? Implementation of programmes already under way will continue as planned.

? Future operations will be implemented according to a gradual and conditional approach reflecting proven progress observed during the transition period. In the run-up to the ballot, any support from the Union will go to the democratic process, humanitarian aid and, possibly, decentralised cooperation. Following the effective implementation of the electoral process, aid will gradually be extended to areas directly benefiting the population (microprojects, Stabex transfers for agricultural production). Other development projects may be implemented after a democratically elected government takes office.

? The Union, which will monitor the transition process closely, reserves the right to review its position as the need arises and by April 2000 at the latest, and reaffirms the importance of sustained political dialogue with the Comorian authorities for the restoration of democracy and human rights.

For the Commission For the Council

Copy: Mr Magande, Secretary General of the ACP Group of States