The Courier. Africa-Caribbean-Pacific-European Union N° 153 September - October 1995. Southern Africa Country reports Djibouti Namibia

The Courier. Africa-Caribbean-Pacific-European Union N° 153 September - October 1995. Southern Africa Country reports Djibouti Namibia

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Bruxelles Χ ISSN 1013-7335 Φ Africa - Caribbean - Pacific - European Union outhern frica 4 toi il! ■ Countryreports Λ Djibouti ί M Lii"· Namibia A \Y Austria Angola Belgium Antigua & Barbuda Denmark Bahamas Finland Barbados France Belize Germany Benin (Federal Rep.) Botswana Greece Burkina Faso Ireland Burundi Italy Cameroon Luxembourg Cape Verde Netherlands Central African Republic Portugal Chad Spain Comoros Sweden Congo United Kingdom Côte d'Ivoire Djibouti Dominica France Dominican Republic (Territorial collectivities) Mayottc Equatorial Guinea St Pierre and Miquclon Eritrea (Overseas territories) New Caledonia and Ethiopia dependencies Fiji French Polynesia French Southern and Gabon Antarctic Territories Gambia Wallis and Fucuna Islands Ghana Grenada Netherlands Guinea (Overseas countries) Guinea Bissau s Antilles Guyana {Bonaire, Curaçao, St Martin, Haiti Saba, St liustachc) Jamaica Amba Kenya Kiribati Denmark Lesotho (Country having special relations with Denmark) Liberia Greenland Madagascar Malawi United Kingdom Mali (Overseas countries and Mauritania Anguilla Mauritius British Antarctic Territory Mozambique British Indian Oceany British Virgin Islands Namibia Cayman Islands Niger Falkland Islands Southern Sandwichs Nigeria and dependencies Papua New Guinea Montserrat Pitcairn Island Rwanda St Helena and dependencies St Kitts and Nevis Turks and Caicos Islands St l.

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Bruxelles Χ ISSN 1013-7335
Φ
Africa - Caribbean - Pacific - European Union
outhern
frica 4 toi
il! ■
Countryreports Λ
Djibouti
ί M Lii"·
Namibia
A \Y Austria Angola
Belgium Antigua & Barbuda
Denmark Bahamas
Finland Barbados
France Belize
Germany Benin
(Federal Rep.) Botswana
Greece Burkina Faso
Ireland Burundi
Italy Cameroon
Luxembourg Cape Verde
Netherlands Central African Republic
Portugal Chad
Spain Comoros
Sweden Congo
United Kingdom Côte d'Ivoire
Djibouti
Dominica France
Dominican Republic (Territorial collectivities)
Mayottc
Equatorial Guinea
St Pierre and Miquclon
Eritrea
(Overseas territories)
New Caledonia and Ethiopia
dependencies
Fiji
French Polynesia
French Southern and Gabon
Antarctic Territories
Gambia
Wallis and
Fucuna Islands Ghana
Grenada
Netherlands Guinea
(Overseas countries) Guinea Bissau s Antilles
Guyana
{Bonaire, Curaçao,
St Martin, Haiti
Saba, St liustachc)
Jamaica
Amba
Kenya
Kiribati Denmark
Lesotho (Country having special
relations with Denmark) Liberia
Greenland
Madagascar
Malawi
United Kingdom
Mali
(Overseas countries and
Mauritania
Anguilla Mauritius
British Antarctic Territory
Mozambique British Indian Oceany
British Virgin Islands Namibia
Cayman Islands
Niger
Falkland Islands
Southern Sandwichs Nigeria
and dependencies
Papua New Guinea
Montserrat
Pitcairn Island Rwanda
St Helena and dependencies
St Kitts and Nevis
Turks and Caicos Islands
St l.ucia
St Vincent
Haïti and the Grenadines
3 ° l^v St Kitts and Nevis ^4>°
C]_J> e? .M _ Antigua Sao Tome & Principe
(O CCJy^uorninican '*·."4 & Barbuda
Senegal Jannea RePublic »o-Don,,™«
St Luciani „ . t Lucia -^j> .
nadines-? »Barbados Seychelles
Vincent and the Grenadines-5 » Barbado
yry rv_J;renada''°d«_Tlirlidad Sierra Leone
S Tobago
Solomon Islands
Somalia
Sudan
Suriname
General Secretariat
Swaziland This list docs not ptejudice
of the ACP Group
the status of these countries and tcrrito Tanzania
of Slates
now or in the future.
Avenue Georges He: Togo
The Courier uses maps from a variety
1200 Brussels Tonga
of sources. Their use docs not imply Belgium
Cover page: Trinidad & Tobago
recognition of any particular boundaric Tel.: 733 96 00
The advent of multiracial democracy
Tuvalu nor prejudice the status of any state
in South Africa finally eccms to have
btought winds of change fot the whole Uganda
of Southern Africa and its 120 million Western Samoa
inhabitants
Vanuatu
(Photo The Courier)
Zaire
Zambia
Zimbabwe no 153 ­ september­october 1995
the Courier ­ Africa­Caribbean­Pacific ­ European Union
urgently in need of radical reform. meeting point MEETING POINT Formally a democracy — although the
opposition is not represented In
2. Judge Richard Goldstone, UN Prosecutor for the former Yugoslavia Judge Richard Goldstone parliament — Djibouti recently saw
and Rwanda the leaders of the former FRU D rebel
movement joining the government
and, In the process, putting the seal on
the pacification process. In order to a c ρ
examine how to restore financial
equilibrium and reduce state control of
6. Lomé IV : agreement clinched at eleventh hour
the economy, a Round Table with the
9. Belize — the arrival of the culture of Nature principal donors Is foreseen for this
autumn. President Hassan Gouled 12. Burundi's media of hatred
Aptidon, who has held office since
independence in 1977, comments on
his country's recent political and country reports
economic evolution.
Pages 14 to 31
14. DJIBOUTI: Paying the price of peace
NAMIBIA 20. Interview with President Hassan Gouled Aptidon
24. w with Prime Minister Barkat Gourad Hamadou
Five years ago Namibia gained Its
Independence after a long and bitter 25. Interview with FRUD Secretary General, Ogouré Kiflé Ahmed Judge Richard Goldstone is a man who
struggle against the apartheid regime could hardly be accused of shirking a 27. Round Table : the long and winding road to structural adjustment
In South Africa. The mood at the time challenge. Appointed to head a
29. EU­Djibouti cooperation was characterised by a remarkable Commission of Inquiry into the
spirit of reconciliation but few behaviour of the security forces in his 32. NAMIBIA: Status quo and national reconciliation
underestimated the challenges that lay native South Africa, during the run up
34. Interview with President Sam Nujoma ahead. In economic terms, Namibia to the first democratic elections, he
was effectively two separate countries gained International prominence with 37. Controlling and managing national resources
with great extremes of poverty and a hard­hitting report which revealed
40. Improving living conditions : problems and prospects wealth. Among the majority black widespread abuses. Now a judge In
population, there were high 44. Profile the South African Supreme Court, he Is
expectations that the government currently on secondment having taken 45. Namibia­EU cooperation
they had elected would deliver on the job of United Nations
Improved living standards and a more Prosecutor for the former Yugoslavia
secure future. The Courier recently and Rwanda. His task is to bring to dossier visited Namibia to 'take the justice the perpetrators of genocide in
temperature' and assess how far the these two countries. In an exclusive
country has progressed In Its efforts to 47. Southern Africa — The state of democracy Interview with The Courier during a
meet these expectations. recent visit to Brussels, he explained 53. The prospects for consolidating the peace in Angola
Pages 32 to 46 how he was going about this. From a
56. Interview with Frances Rodrigues, Deputy Foreign Affairs Minister
legal standpoint. Judge Goldstone Is
operating in almost virgin territory and for Mozambique
in this wide­ranging interview, he tells
59. South Africa and Southern Africa
us more about the principles which DOSSIER
63. In search of common security underpin his work and about some of
the practical hurdles which he faces. Southern Africa 66. Securing Southern Africa
pages 2 to 5
68. Interview with Kaire Mbuende, SADC Executive Secretary
71. The prospects for Southern Africa in the international economy
73. The Information Highway : South Africa —the link between rich
COUNTRY REPORTS and poor
75. A region of migration... and refugees
DJIBOUTI 76. From Cape Town to Dar­es­Salaam
78. 'Unity in diversity' bid for the tourist dollar
close­up
79. The Caribbean Tourism Development Programme
81. ECHO Flight : an airline with a difference
Southern Africa will have to grapple developing world
with many challenges over the coming
years, but at least hope seems finally
84. OECD report on aid in 1994 to have been restored after decades of
division, civil war and racial strife. 85. Environmental management in Cameroon — A participatory
Although the ending of apartheid and
approach
the flowering of democracy may only
be the first steps on the road to
renewal, the region appears better After three years of civil war, peace
equipped than ever before to face the culture and society
has finally returned to Djibouti. This
uncertainties of the new millenium. country, in more than one sense, is
We examine some of the key political, 87. Brussels African Film Festival — The rise of the critical age one of the hot spots of the planet : a
economic and social issues facing
lunar 'cauldron' of uncommon beauty, 88. A chat with the actress France Zobda, from Martinique
Southern Africa at the end of a
where ethnic checks and balances are
91. ÆTHIOPIA and the Ethiops turbulent 20th century. of prime Importance. Today It is
Pages 47 to 78
having to pay the price of peace. Its
service economy Is In dire straits and
cta­bulletin
Issue 151 Front Cover 92. The push for biosafety regulations
On the front cover of issue 151 of The Courier, we published a photograph featuring a
man holding an infant child to illustrate our Dossier on Social Development. The caption THE COURIER'S MAILBAG
on the inside referred to 'the battle against poverty, unemployment and social
disintegration' as key objectives for the Copenhagen Summit. We should like to make PUBLICATIONS
clear that there was no Intention of suggesting that those featured in the photograph
NEWS ROUND­UP (yellow pages) were victims of 'poverty, unemployment and social disintegration.' Indeed, the choice of
picture was determined by a desire to portray the subject in a positive manner. The CDI — Partnership
Courier regrets any offence which may have been caused.
OPERATIONAL SUMMARY (blue pages)
Published In English and French. Writers of signed artides bear sole responsibility for their
contents. Reproduction authorised, subject to Indication of origin. Judge Richard Goldstone
UN Prosecutor for the former
Yugoslavia and Rwanda
'Exposing the truth'
It Is not often that members of the judiciary are to be found in the international
limelight. As a general rule. Judges — even those responsible for 'landmark'
decisions — rarely become household names outside their own countries. Those
who choose an interna tional legal career may gain a global repu ta tion, but because
they operate in an area that seldom attracts the attention of the wider public, this
is likely to be restricted to specialists in the field.
Judge Richard Goldstone has, perhaps involuntarily, succeeded in breaking both
of the above 'rules' during his distinguished career. Working in the 'domestic'
setting of his native South Africa, he hit the global headlines with a hard­hitting
official report which revealed illegal and unauthorised activities by sections of the apartheid
regime's security forces. In so doing, he helped to neutralise one of more serious threats to brokered where the liberation organis­
the process of democratic transition in that country. Today, he holds the high profile position ations agreed to give notice — not in terms
of United Nations Prosecutor, charged with bringing to justice the perpetrators of genocide of the legislation but under the new
in the former Yugoslavia and Rwanda. Traditionally, criminal jurisdiction has been a matter
agreement. In turn, the police acknowled­
of domestic rather than international law and although there is the precedent of the
ged that they had a duty not just to
Nuremburg hearings fifty years ago, the UN Security Council's decisions establishing
facilitate demonstrations but also to pro­
international criminal tribunals for Yugoslavia and Rwanda effectively break new ground.
tect demonstrators and not stop them.
When Judge Goldstone visited Brussels in June, we had an opportunity to find out more
Under that agreement, thousands of from him about how the tribunals operate and his role as Prosecutor. We began, however,
marches and mass meetings were held by asking him about his work heading the Commission of Inquiry in South Africa during the
without incident. It was in that context transitional period, and about the difficulties he had faced.
that the EU, UN and Commonwealth
— Leading up to the elections, ment for the mass action. This had become
monitors came to South Africa and played
there was a tremendous fear that violence very much a feature of South African
a very major role in ensuring that the peace
would derail the whole process. The politics and it had tremendous potential
was kept at such events. That was ob­
Commission I headed had a three­year for death and injury. For political reasons,
viously of vital importance in the run­up to
term of office and the interesting aspect the liberation organisations refused to give
the first democratic election. People were
was that we had our own investigation notice under South African legislation of
able to exercise their rig ht of assembly, in a
units — police officers working for us. In
marches and mass meetings involving tens fairly peaceful atmosphere.
terms of the legislation under which we
of thousands of people. The police, on the
operated, I was given unlimited powers of ■ Given that your report focused directly other hand, didn't know where people
search and seizure. This enabled us to send on misbehaviour in the security forces, did would be marching, how many would be
in our own investigators to raid military you come under any pressure, or were you involved, what route they would take or
intelligence and other site offices — which able to operate freely ?
when it would happen. The marchers
was quite dramatic at the time. This led to — Well I certainly had no
didn't know whether they would be
the uncovering of illegal activity, carried pressure from the political leadership.
stopped physically by the police or allowed
out without the consent of the govern­ President De Klerk's government obviously
to march. So there was this tremendous
ment, by right wing factions within the didn't like the truth but it encouraged me
uncertainty which was extremely danger­
security forces. nonetheless and gave me the resources
ous. Indeed, it resulted in some very
and facilities to continue the investigation.
unfortunate clashes in 1990 leading to
In my view, however, the single I couldn't have done it but for that. In the
death and injury. One of results of the
most important achievement of the Com­ area of witness protection alone, millions
investigation was that the liberation
mission was our investigation into be­ of rands were spent on getting witnesses
organisations — particularly the ANC — haviour at mass demonstrations and rallies. out of the country. That couldn't have
and the South African police, sat down I set up an international team of experts, been done without additional resources
with us and listened to the expert opinions. sitting with South African experts, to try being obtained from the government.
At the end of it, there was an agreement and find a politically acceptable arrange­ There was no question of any pressure to
the Courier n° 153 - september-october 1995 Ίί meeting point
desist. And obviously, Mr Mandela was ■ So you would not see the new tribunals whom about 50 are investigators. The
more than delighted that the investigation as, an embryonic international humani­ others are legal people, administrators,
was taking place so there was no political tarian court ? analysts, interpreters and so on.
pressure there. There was certainly — I see it more as an experiment
■ And what is the situation with regard e from the right wing who, ob­ which, if it succeeds, will provide very
to Rwanda ? viously, for political reasons, hated the fact important arguments to support the
— Rwanda is still very much in that this was being done. permanent court about which I was
the start­up phase. There has been a
talking. To the extent that it is deemed to ■ Do you think that what you did in
tremendous shortage of funds because of
fail, it will be an argument against such a South Africa could provide a model for
the UN's financial situation but, for­
court. countries that are seeking to establish the
tunately, a number of interested countries
rule of law.
have come forward. They are organising
— Well, it is really a question of
contributions of investigators and other 'To have a really
exposing the truth. It was for that reason
staff, as well as money for the trust fund
that I was and still am a supporter of the fair and just which was created by the Secretary Gen­
Truth Commission which is now, happily,
eral. 1 At the moment, we have nine
going forward in South Africa. If the truth system of people in the office of the Prosecutor in I
hadn't emerged as a result of the Com­
Kigali and five who are working jointly on
mission's investigation, the election may enforcement,
Yugoslavia and Rwanda at my office in The
well have been made impossible because
Hague. But the number in Kigali will at one would want a the people causing the violence would
least double over the next few weeks. We
have been able to continue acting unlaw­
are also going to have extra staff in The permanent
fully without detection. The fact that their
Hague because a lot of the investigations
activities came to light put them on the
need to be done in Europe. We will be court which would
defensive and made it difficult, if not
setting up the actual court in Arusha,
impossible for those activities to continue.
Tanzania, but a lot of building needs to be have jurisdiction over
done before that is up and running. ■ Can we turn to your role as prosecutor
all countries' in two very different situations — al­
■ Can I ask about the legal basis for your though they have certain common fea­
actions. I understand your authority stems tures — Ex­Yugoslavia and Rwanda. The
■ What sort of resources have you got at from UN Security Council resolutions ? idea that there can be international control
your disposal for carrying out your task ? — Yes, under Chapter 7 of the of criminal behaviour within a country is
UN Charter, which is binding on all member something which is very new, Nuremburg — For the tribunal for the former
states. notwithstanding. Do you see this as a sign Yugoslavia, we put in a budget for 1995 to
for the future development of inter­ the United Nations of just over $28 million.
■ What legal system are you applying for
national criminal norms ? From every practical point of view, that has
the actual prosecutions ?
— Well I have no doubt that it is been accepted. I say practical because the
—What has happened is that we
the way international humanitarian law technical position is that there is still a
have six trial judges for each tribunal and a
should go. It is not the best solution to dispute in the General Assembly as to
further five appeal judges who are
have ad hoc tribunals appointed by the whether the money should come from the
common to both. That makes 17 judges in
Security Council. It is a great deal better regular UN budget or the peacekeeping
all. The Yugoslavia tribunal was set up first
than nothing, of course, but it is dis­ one. Until that has been settled, the
and the 11 judges involved in that for­
criminatory in the sense that it only applies budget cannot formally be approved. This
mulated the rules of procedure and evi­
to some countries and not to others. To is not having a practical significance
dence. It is more or less what one would
have a really fair and just system of because, while they are arguing, every
understand by a trial in the common law
enforcement, one would want a per­ three months they are giving us a quarter
countries. They agreed on an adversarial
manent court which would have jurisdic­ of what we have requested. Added to that
system. The rules of evidence, however,
tion over all countries. That can't be done is our authority to enter into 12­month
were purposefully, and in my view, sen­
via this route. It is generally accepted that contracts. That is the same position we
sibly, left very vague. Within my office and
there would need to be a treaty and would be in if the budget had been
among the judges there is a common
countries would have to agree or be approved in the first place.
feeling that what we are doing is creating
persuaded to join in. This is really the
a new international jurisprudence and
difficulty. In order to create such a court, ■ And how does that translate into
procedure. We feel very free to look at civil
nations would have to give up their personnel ?
sovereignty to the extent that they would — We have now in my office — ' Judge Goldstone's visit to Brussels included a
meeting with Commissioner Pinheiro who indicated allow an international court to have that is, the office of the Prosecutor for the
that the Commission was willing to provide funding
jurisdiction over their citizens. former Yugoslavia — about 125 people, of to support the tribunal.
the Courier n° 153 · september­october 1995 r eeting point
■ So the idea is to make an example of law, common law and other systems to impossible for them to do the work. We
those who were in charge ? decide what aspects, procedures and rules look at Nuremburg with a certain amount
of evidence are the fairest. of envy. The prosecutors were appointed — That is really the point. We
by nations that had complete control over can't waste a scarce resource on people
■ If and when somebody is found guilty,
the relevant territory and they had a very who didn't play a major role. In fact, it is
what sanctions can you impose ? easier in Rwanda to investigate and efficient paper trail which made life a lot
— The maximum penalty is life implement this policy because the leaders easier. We don't have that luxury.
imprisonment. It can obviously be shorter of the former government that was in
than that. There can also be monetary fines power when the genocide was committed
'In Rwanda, and, in appropriate circumstances, confis­ in April and May 1994 made no secret
cation orders applying to property or about what they were doing. They used the former leaders
funds. the radio and other forms of propaganda
and really did it quite openly. Even since made no secret ■ Looking at the actual work of the I
fleeing Rwanda to the camps where they
investigators, how easy have these people
are now, there are some who have made about what they were
found it to gather the evidence for the
no secret of what went on. So one can go,
cases ? doing — so one as it were, for the jugular and investigate
— In the former Yugoslavia, the
the leaders.
major difficulty is the mass of information can go, as it were,
and evidence that there is to sort through.
■ In practice, how can you apprehend the
There are huge numbers of potential f or the jugular' people in the camps ?
witnesses ­ hundreds of thousands of
— That's a matter for the future
refugees in various European countries and
and obviously there may be some dif­
each one a potential witness. There are ■ In view of what you have just said and ficulty. In terms of the statute, however, it
over 300 000 in Germany alone. We have given the resources that you have, isn't will be the obligation of the state where
documents coming in by the thousand there a danger that you will end up by just those people are to execute arrest warr­
every week. Most are in Serbo­Croat and scratching the surface ? ants if indictments are issued. If any
have to be translated. The bulk of the — We decided at the outset that country doesn't comply, it will be reported
witnesses need to be interviewed through we could only really target the main to the Security Council. I hope that it would
interpreters. Taken together that amounts offenders who are the leaders. These are take appropriate action against any
to a huge mass of work. The problems is the people responsible for implementing member state flouting one of its resol­
obviously exacerbated by the fact that a the policy which led to such terrible utions.
lot of investigations need to be carried out atrocities. Our limiting factor is that we
in the former Yugoslavia — particularly in ■ Surely there is a practical difficulty in only have two trial chambers, so we can
Bosnia. With a war going on that is difficult the case of Rwanda, given that a lot of the put on very few trials.
and often hazardous. In October last year, suspects are apparently in Zaire. Even if the
we had to pull out two teams because it 'spirit' of the authorities is willing, the A ruined village in the former
Yugoslavia was too dangerous and in any event, 'flesh ' may be weak in that they simply are
Carrying out investigations while a war
because of the hostilities, it was physically not capable of complying ? is going on is 'difficult and hazardous'
—That may well be the case, but
I think we are going to have to cross that
bridge when we come to it. There are
many scenarios that one could think of. If
we don't get the people, and this is
obviously happening in the case of a few
people we have already indicted in areas
controlled by the Bosnian Serbs, then we
have no option but to follow what we call
the Rule 61 procedure. This involves
presenting the evidence on which the
indictment is based to a trial chamber of
three judges. Witnesses can be led so that
the historical record begins to be created,
an international warrant of arrest is issued
and the information is made public. It is not
a trial in absentia — there is no question of
issuing a verdict against the accused. But
the Courier n° 153 · september­october 1995 eeting point
that person, in effect, becomes an inter­ that those suspected of having been ■ Are there any arrangements envisaged
national fugitive, which is not a very responsible for the misery should be for the defence of the accused ?
pleasant situation to be in. brought to court in Rwanda itself. We have
— Absolutely. There is a tremen­
no jurisdiction over that — nor should we
dous concern, both within the Prosecutor's
■ Do you think there is any practical hope have. It is really the coming together of
office and among Tribunal members, to
of establishing the rule of law in some­ national and international justice that we
ensure that the system is as fair as any
where like Rwanda at the moment ? are aiming for: on the one hand, the system can be to the accused. We are
restoration of effective local justice and on — Yes I do. I have visited Rwanda acutely conscious of the fact that this is
the other, an international tribunal to try twice, meeting with the authorities on international justice and that what we do
the relevant people in leadership positions both occasions and having detailed discus­ must be exemplary. No doubt for that
who are not within the jurisdiction of the sion with the leaders. What impresses me is reason, the Security Council decided that
Rwandan courts. The latter is something the importance that they attach to justice defence counsel should be provided, at the
the Rwandan government cannot do and in the process of reconciliation. I have been UN's expense, for impecunious defendants.
left in no doubt that it is their first priority. no other state is likely to attempt even if The only trial pending at the moment,
It is the reason, after all, that Rwanda their local rules on jurisdiction allow it.. which relates to events in the former
Yugoslavia, is that against Mr Tadic who
was arrested in Germany. His lead counsel
is a Dutch lawyer who is being paid for by
the tribunal. He is assisted by three other
lawyers who have been provided by the
Serbian government.
There is also a victim protection
unit which is gearing up now to deal with
witnesses whom, we anticipate, will need
protection as well as medical and psycholo­
gical assistance. So we are going out of our
way to ensure that the system is beyond
reproach. ■■ Interview by Simon Horner
A problem in apprehending suspects requested the establishment of the inter­
Many of those who organised the
national tribunal. I don't think there is any genocide in Rwanda are living in
refugee camps such as this one in Zaire doubt that without such a request, it
wouldn't have happened.
I should add that on its own, the ■ How were the judges who sit on the
international tribunal cannot succeed in re­ two tribunals chosen ?
establishing the rule of law. A vital element
is for Rwanda to be assisted in restoring its —All the judges were chosen in a
own criminal justice system. Obviously, it joint exercise involving the Security Council
will be highly significant if we succeed in and the General Assembly. In the case of
trying leaders who, according to the the 11 for Yugoslavia, 22 names were put
evidence we collect, were guilty of organis­ forward by the Security Council and the
ing the genocide. That will clearly have an General Assembly chose 11 of these. In the
important healing effect. But at the local case of Rwanda, the six trial judges were
level, there are many people currently in chosen by the General Assembly from 12
Rwandan prisons who should either be Security Council nominees. The judges
tried or released. From the point of view of come from 17 different countries covering
people in local areas, it is very important all the continents.
the Courier n° 153 · september­october 1995 r Successful conclusion to the Lomé IV mid-term review
Agreement clinched at eleventh hour
by Debra Percival*
It took the Summit meeting of EU the protection of tropical forests, another it had originally envisaged. One result is
heads of government in Cannes, on the alleviation of ACP debt, a comprom­that France now replaces Germany as the
France on June 26-27 for agreement ise on methods of allocating development number one contributor to the EDF. All
finally to be reached on funding for
other EU states except Britain are provid­ funds and finally, a breakdown of the
the Lomé IV second financial proto­
ing more, in nominal terms, this time round financial package for the next five years
col covering the next five years. A
(see Table 1). among the different instruments of the
wrangle over the level of funding,
Convention (see Table 2).
traditionally pooled from the poc­
kets of the EU Member States, had The deal was done in part thanks
held up talks on other improve­
to decisions on EU development assistance Some trade concessions
ments to the Convention such as
packages for other 'developing' regions —
access to the EU market for ACP farm Under the new arrangements,
six Eastern and Central European nations in
produce. Under pressure from the French there will be better access to the EU market
line for EU membership and 12 Mediter­
Presidency, Member States finally agreed on
for ACP farm products although it is less
ranean nations with whom the EU has
the sum of ECU 13.307 billion for the next
than the ACP group had hoped for. For
ambitions of creating a giant Euro-Medit­
five years. This includes a 1.28% share for
numerous products which currently do not
erranean free trade zone. In a typical piece the 20 Overseas Countries and Territories
qualify for any preference, customs duties
(OCTs). of EU bartering, the German government
and levies are reduced by 16% across the
agreed to put a little more into the Lomé
board. Excluded from this are highly
pool following agreement on an ECU 6.7bn
After a round of late-night bar­ sensitive items such as olives, olive pro­
package for Central and Eastern Europe
gaining among Member States — and ducts, wine and lemons. The ACPs origin­
over the period 1995-2000. Meanwhile,
agreement by the European Commission ally sought 36% tariff cuts.
some of the EU's Mediterranean nations
to scrape the bottom of its own 'barrel' A 50% reduction of the current
(notably Spain and Italy) — content with
with ECU 292 million of 'unallocated Lomé levy on 15 000 tonnes of cereals and 500
an ECU 4.7bn aid deal covering the same
resources' - the leaders of the European tonnes of pork meat has been agreed.
period for their Mediterranean basin
Union succeeded in reaching the French
neighbours — were able to agree to the
Presidency's 'bare minimum' of ECU Better access for ACP farm products
ACP figure with some last-minute adjust­
but less than the ACPs had hoped for
13.3bn. This takes account of inflation
ments. This is Ghanaian cocoa being loaded for
within the Union over the past five years shipment to Europe
(21.5%), but means no 'real' increase for
ACP nations, who had sought a the 70 ACP countries this time round,
package of ECU 15.8 bn, notably to despite the accession of Austria, Finland
improve processing, marketing, transform­
and Sweden to the EU since Lomé IV came
ation and distribution of produce to hold
into operation.
their own in an ever more competitive EU
The final deal was reached after
market, expressed initial disappointment.
the French agreed to increase their
'This is natural when one receives less than
national contribution by another ECU 100
one requested,' Papua New Guinea's
million with Germany finally consenting to
information minister, John Moms, told
give more than last time despite originally
journalists.
seeking a nominal decrease. Britain, which
said it wanted to shift more of its overseas
But the financial deal swiftly led
development contributions to its bilateral
to a special one-day meeting of EU and
budget, also put more into the 'kitty' than
ACP ministers on June 30 to tackle the
* Journalist specialising in issues of EU develop­ outstanding matters in the mid-term
ment policy. The full text of the revised Lomé
review: more open access to the EU
Convention will be reprinted in a forthcoming issue
of The Courier. market, tariff concessions, a declaration on
the Courier n° 153 · september-october 1995
^ a c ρ
There are also numerous concessions for of a number of items that can only be more growth in regional markets, 15% of
products currently subject to quotas and exported to the EU at certain times of the the content of an ACP product can be
reference quantities. The tariff quotas on year. Finally, the export quotas for canned 'cumulated' in a neighbouring nation, yet
fresh figs, sorghum and millet are trans­ tuna and tuna loins are increased to 4000 still benefit from ACP preference. Some
formed into less restrictive 'ceilings', tariff and 500 tonnes respectively. sensitive items including canned tuna, rice,
quotas on sheep meat, poultry meat, milk and certain textile products such as sweat­
products, pears and meat preparations are shirts, are excluded from this arrangement.
doubled and the quota for strawberries More cumulation for
EU and ACP ministers agreed at rises from 1500 to 1600 tonnes. regional growth
the 30 June meeting on a compromise list Import duties on rice are reduced
of countries that will benefit from this by 15% within existing quotas and 're­ One innovation over the next
system. In the Caribbean and Pacific areas, ference quantities' are abolished for all five years is to allow other developing
these are Colombia, Costa Rica, El Salvador, products except oranges and mandarins. countries to benefit from Lome's 'cumu­
Guatemala, Honduras, Nicaragua, There is also some liberalisation in respect lation clauses'. Thus, in the interests of
Panama, Venezuela and Nauru. In Africa,
cumulation is extended to Algeria, Egypt,
Libya, Morocco and Tunisia, together with
South Africa on an ad hoc basis pending Table 1 : Where the money comes from (in ECU millions)
the outcome of talks on its possible
7th EDF (1990­1995) 8th EDF (1995­2000)
'qualified membership' of Lomé IV. In this
regard, the ministers also agreed that
Belgium 433 503
Denmark 227 275 South Africa will have automatic entry to
Germany 2840 3000 the Convention — on whatever terms are
Greece 134 160
Spain 645 750 finally agreed — once the negotiations
France 2 666 3 120 have been completed, thereby avoiding
Ireland 60 80
the lengthy Lomé ratification process. Italy 1 418 1 610
Luxembourg 21 37
Netherlands 609 670
Portugal 96 125
United Kingdom 1 791 1 630
Austria 340
Finland 190 Two tranche method
Sweden 350
Unutilised previous EDF funds 292
Extra humanitarian aid for 160 With France keen to end its six­
ACPs from EC budget
month period in the EU driving seat on a Transformation of special 15
loans into grants high note, eleventh hour debate at the
meeting on June 30, the final day of the Sub­total 10 940 13 307
+ EIB own resource funds 1 200 1 658 French Presidency, also resulted in com­
for lending
promise over the way in which funds are to
Total 12 140* 14 965* be allocated under the 8th EDF. The
novelty is that 70% of the total will be 1 The globalfigures¡η the respectivefinancialprotocols are ECU 12bn and ECU 14.625bn. The discrepancy is accountedtorby
the fact that the above figures include the contribution for overseas countries and territories and (in the second column), a
distributed in an initial three­year tranche sum for food aid. These are not, strictly speaking, part of the EDF.
with the remainder earmarked only after
an assessment of how the first allocation
has been spent.
Table 2 : Where the money goes to (in ECU millions)
Development Commissioner, 7th EDF (1990­1995) 8th EDF (1995­2000)
Professor João de Deus Pinheiro, said that
this method was in keeping with the new
Grants 7 995 9 592
(of which structural Lomé motto of 'efficiency and effective­
adjustment facility) (1 150) (1 400)
ness' in promoting aid : He added that the Risk capital 825 1 000
Stabex 1 500 1 800 'coordination and coherence' of aid with
Sysmin 480 575
other donors and with Member State
Sub­total (EOF) 10 800 12 967 bilateral programmes would also be
+ OCT funds and food aid 140* 340
watchwords for the coming five years. He
13 307 Sub­total 10 940 told journalists: 'The two­tranche pro­
+ EIB own resources for lending 1 200 1 658
cedure will give more to those who absorb
Total 12 140 14 965 money well. There will be no more sterile
* OCTfigureonly
..:,..,.. . . ■ ■ ■ ...... ■■■■· .......... funds in the Convention.'
the Courier n° 153 · september­october 1995 r
a c ρ
confirms its determination to pursue the after prior consultation with ACP nations Debt, forestry and
discussion of these questions in the ap­ and the abusing party, other than in banana declarations
propriate fora, taking account of the particular 'emergency circumstances'
specific difficulties of the ACP States.' which are defined in a separate declar­
ACP states will be able to draw
ation. Likewise, a general declaration
encouragement from a new declaration on
on the protection of tropical forests will be
The two sides also agreed that debt in Lomé IV. There is, however, no
inserted in the Convention, but without
the ACP­EU political dialogue in the formal commitment from the EU side to
the extra funds attached for their preserv­
spheres of foreign and security policy cancel debt. The text reads: 'The Com­
ation which ACP countries had requested
needed to be strengthened. Over the next munity reaffirms its willingness to con­
at the outset. The new 'Protocol on
five years, its is planned that this should tribute constructively and actively to the
Sustainable Management of Forest Re­
happen either with each of the three alleviation of the debt burden of ACP
sources' refers to the use of 'relevant
distinct Lomé 'regions' or on a thematic States. In this context, it agrees to trans­
resources available under the Community
basis. form into grants all the special loans of the
budget', alongside funds from the national
previous Conventions which have not yet
and regional indicative programmes, to Finally, mention should be made
been committed. The Community also
halt desertification and preserve forests. of the proposals concerning the Joint
Assembly. There was agreement that The protocol contains plenty of
every effort should be made to have ACP Tropical forest in Gabon ideas of how funds can be used : conserva­
The 'Protocol on Sustainable
countries represented by parliamentarians tion of endangered forests shaped to the Management of Forest Resources' is
one of the innovations to emerge from — or at least by people designated by need of local populations, and 'buffer
the mid­term review
national parliaments — at the Assembly's zones' to be set up to assist the conserva­
biannual meetings in order to emphasise tion, regeneration and sustainable de­
the democratic nature of the institution. velopment of tropical forests. Re­affores­
Failing that, the participation of an ACP tation, forestry management and the
representative will have to meet with the restoration of degraded forests could all
prior approval of the Assembly. attract funding. So too can 'institution
building', including training schemes for
The final stage in the 15­month­
local people, forest managers and re­
long 'mid­term review' will take place with
searchers and support for organisations in
the formal signature of the amended
the forestry sector.
Convention. Mauritius has offered to host
Most major ACP­EU meetings the ceremony, which will take place later
nowadays find it difficult to avoid discus­ this year. ■■ DP.
sion of the thorny banana issue and the
gathering on 30 June was no exception.
Although no additional funds were specif­
ically set aside to improve the industry in
the ACPs (notably in the Caribbean) the
ministers did agree a declaration on the
subject. This stated that special attention
would be granted, 'when determining the
volume of programmable assistance to
ACP banana suppliers to the EU, where
external circumstances beyond their con­
trol have led to the need for restructuring.'
Human rights suspension
clause
One of the most significant poli­
tical changes was the introduction of a
human rights 'suspension clause' in Article
366 of the Convention. This states that if
any of the essential human rights appear­
ing in Article 5 are violated, the partial or
total suspension of development aid can
follow. This can only happen, however,
the Courier n° 153 · SGptGrnbcr­october 1995