Amended proposal for a Council Decision on a TACIS civil society developement programme for Belarus for 1997
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12. 11. 1997 COM(97) 602 final Amended proposal for a COUNCIL DECISION ON A TACIS CIVIL SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM 1. The political climate in Belarus has seriously deteriorated since November 1996 implying a substantial change in bilateral relations with the EU. Before that date, already a halt in economic reform had been observed, leading to the necessary redirection of EC assistance in the field of privatisation and enterprise restructuring in particular. On 24 November 1996, a popular referendum was called by President Lukashenko which proposed, amongst other things, to amend the 1994 Constitution which was in force, with a view to strengthening presidential powers. The Belarus Constitutional Court indicated that the results of the referendum on constitutional reform would have consultative value only. The President revoked by Decree the Constitutional Court finding and considered the results of the referendum as binding. Consequently, as the outcome of the referendum on constitutional reform was positive, the President adopted his Constitution draft proposed by referendum. The amendment of the Constitution brought to the concentration of powers (executive, legislative, judicial) in the hands of the President, as well as the dissolution of the 13th Parliament in place, which had been democratically elected, and the nomination by the President of a new National Assembly. The internal situation of Belarus further deteriorated, bringing undue arrests and mistreatment of members of the opposition, independent media, representatives of foreign countries and institutions, who had expressed their opinion against the regression in the démocratisation process. Charity institutions, foundations and NGOs in particular were also submitted to repressive actions and increasing limitations of freedom of activity. 2. The EU reacted immediately to these developments. On the one hand, the Commission suspended normal Tacis programming with Belarus, until further notice. Consequently, no Indicative Programme 1996-1999 nor Action Programme could be negotiated with the Belarusian authorities. Only ongoing Tacis projects of past Action Programmes and regional or multi-country Programmes (e. g. , Cross-border Cooperation, Interstate, LIEN, City Twinning, Democracy) were allowed to continue despite difficult circumstances. 3. On the other hand, following the decision of the General Affairs Council of 20 January 1997, the Presidency sent a fact-finding mission (FFM) to Minsk on 26-31 January 1997 to establish facts on the organisation of the referendum, its results, the changes which it had implied, and the overall internal situation which had developed in the country. The FFM found that the establishment, execution and implementation of the referendum could not stand the test of criticism on minimal democratic standards and general principles of the rule of law. The referendum was only consultative, therefore the Constitution of 1994 was still the supreme law of the Republic of Belarus and the Supreme Council elected in 1995, on the basis of this Constitution, for a period of 5 years, was the only lawful Parliament in the Republic of Belarus. Since a majority of the population had expressed preference for a more presidential system than the existing, the new Constitution to be drafted should be more presidential but the requirement of the trias politico should still be respected in order tc satisfy democratic standards and general principles of the rule of law. The FFM recommended to offer assistance to Belarus to influence the development of democracy towards the separation of powers, the freedom of and fair access to the media, and support to equip the electorate of Belarus to take part in free elections. 4. Following the conclusions and recommendations of the FFM, the Council issued Conclusions on 24/02/97 where it expressed grave concern "about the present constitutional and political situation in Belarus, which seriously impairs the prospects for the necessary democratic and economic reforms. " For this reason, the Council adopted a position whereby " in the absence of convincing efforts on the part of Belarus to proceed with the necessary democratic and economic reform (. ) the EU will not proceed with the conclusion of the Interim Agreement or with the Partnership and Cooperation Agreement; technical assistance programmes of the Community (. ) will be reviewed and assessed on the premise thai they should directly benefit the reform process. " However, ""the EU is oo prepared to offer Belarus advice and enter into a comprehensive dialogue with the Belarusian authorities and representatives of the opposition, with the aim of assisting Belarus to embark on democratic and economic reform. " The Council therefore left the door open for dialogue and assistance to Belarus in the process of démocratisation and, in particular, offered advice on constitutional matters, freedom of the media, and the respect for human rights which "will be a central element in the overall approach of the EU to its relations with Belarus". This position was reiterated in the Council Declaration of 29/04/97, where "the EU reiterates its position that cooperation between EU Member States and institutions and Belarus cannot proceed in the absence of convincing efforts to establish such a system", i. e. "a political system which respects the internationally accepted norms for human rights andpoliticalfreedoms", but "the EU in close cooperation with the OSCE and the Council of Europe is prepared to assist the Belarusian authorities in the process of démocratisation. " The line was further formalised in the Council Conclusions of 15/09/97, as "The Council underlines that the European Union remains ready to support the Belarusian authorities in the elaboration of a true process of démocratisation. ", and "invites the Commission to examine the ways and means to associate the civil society, in particular through the NGOs, to the process of démocratisation. (. ) in close collaboration with the Council of Europe and the OSCE. " The Council also specified that "the implementation of Community's technical assistance programmes will be frozen, with the exception of humanitarian and regional projects, and those that support the process of démocratisation directly. " 5. Article 5 of the Tacis Regulation (Council Regulation No 1279/96 of 25 June 1996) foresees the establishment of an Indicative Programme 1996-1999 and of a subsequent Action Programme, in accordance with the procedure provided for in Article 8, as the necessary basis to launch any Tacis project in a beneficiary state over the period 1996-1999. In the case of Belarus, these steps were impossible to undertake. In principle, therefore, the Commission would not be in the position to deliver the specific assistance to Belarus which has been offered by the Council. 6. However, Article 3(11) of the Tacis Regulation provides for the opportunity for the Council to take "appropriate measures" concerning assistance to a partner State when "an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights. " 7. The present situation in Belarus falls within the scope of Article 3(11), for the cases of violation of democratic principles and human rights in particular. The position of the Council is to support assistance in the process of démocratisation of Belarus, i. e. for the Community to act in Belarus to try and bring the country back on the right track, in particular for constitutional reform, the respect of human rights and the freedom of the media. 8. In certain cases, the appropriate measures of Article 3(11) may also mean positive incentive measures. The word of the Council in its Conclusions of 24/02/97, Declaration of 29/04/97 and Conclusions of 15/09/97 indicates precisely this possibility. The Commission therefore proposes, on the basis of Article 3(11) of the Tacis Regulation and the expressed Council position towards Belarus, to take positive incentive measures in the case of Belarus to avoid isolating further the country. 9. In accordance with the scope of Article 3(11), the appropriate measures will not be negotiated with the country. Therefore they shall be offered as a package to the Belarusian authorities. 10. In compliance with both Article 3(11) and the Council's position towards Belarus, the Commission proposes, as the appropriate measure for Belarus, to set up a Tacis programme for 1997 of 5 Mecu, the Civil Society Development Programme for Belarus, with the 2 ultimate aim to help restore the démocratisation process and regenerate the civil society in Belarus. Both the activities and the target groups to be included in the programme would be in the scope of Article 3(11) and in accordance with the Council Conclusions of 24/02/97, Declaration of 29/04/97 and Conclusions of 15/09/97. 11. The proposed programme would concentrate exclusively on one of the priority sectors of Tacis, indicated in Annex II of the Tacis Regulation, i. e. the "human resources development" sector which includes, inter alia, "strengthening of the civil society", "legal assistance" and "education, training". 12. Media freedom, freedom of expression, free access to the media are a pillar and guarantor of democracy. During the period of the referendum in November but also on other important circumstances, the lack of these freedoms and the subsequent restrictions to those were observed with concern in Belarus. It is therefore important for the Community to act in this area through the programme proposed. Assistance would concentrate on the regulatory framework ensuring the free operation of the media, in line with democratic practice, on the duties and rights of journalists in a situation of independence, as well as on techniques of modern journalism. Target groups would essentially be all the media. Actions foreseen may include training on ethics of an independent profession, on the rights and duties of media in a situation of freedom, legal courses and training on relevant EC laws, provision of equipment, organisation of workshops, seminars, conferences on relevant topics of modern journalism. 13. A second area of action that the proposed programme needs to address is the support to the civil society as such, which naturally includes the respect for human rights and addresses also the protection of weaker strata of the population (minority groups, etc. ). The main target group of this action would be the NGOs. The purpose of the action would be not only to monitor and support the existing network of NGOs, which has been hit hard by the deterioration of the internal situation in Belarus, the recent measures of the Government reducing the financial capacity and freedom of action of the NGOs, but also to empower it and better identify it with the help of the EU NGO networks and experience. In order to achieve this effectively, a clear legal framework needs to be developed in Belarus for NGOs. Assistance on this legal but essential aspect of the issue would be considered as well. 14. The third and final area of action which is foreseen under the programme proposed would cover institutional twinning. The aim would be to support east-west cooperation of universities and associations for education and training activities for the young generations who are also at the basis of the démocratisation process and should be continuously supported. This area, compared to the previous two, has the advantage of being based more on proposals rather than on imposition, and is therefore a necessary positive complement which renders the programme proposed more balanced. 15. In the identification of local project partners, the Commission will cooperate as much as possible with the Council of Europe, the OSCE, the network of EU NGOs and associations. 16. The Tacis Coordinating Unit of Belarus which is the main interlocutor of the Commission in the programming of Tacis may be consulted in the preparation of the programme. However, given point 9 above, the demand-driven nature of the Tacis programme will not apply in this case. 17. Once the Council adopts the Decision, the Commission will prepare the 5 Mecu programme in detail and present it to the Tacis Committee. Thereby, the programme shall re-enter into the normal Tacis programming procedures, as stated in Article 8. 18. The implementation of the projects of the programme would follow the appropriate Tacis oiles and procedures (and in particular Articles 6 and 8 of the Tacis Regulation). C/L 19. Given the developments in bilateral relations with Belarus in the recent weeks which have been formalised by the Council Conclusions of 15 September 1997, references to which have been duly included in the above paragraphs, the Commission is hereby submitting an amended proposal to the Council that reflects more adequately the latest EU policy towards Belarus. In particular, assistance on constitutional reform to the central authorities and * references to possible assistance to central and local authorities have been deleted, and the action has been focused more on cooperation with the NGOs. 20. The Council is requested to adopt the annexed amended proposal for a Council Decision on a Tacis Civil Society Development Programme for Belarus for 1997. S~ AMENDED PROPOSAL FOR A COUNCIL DECISION ON A TACIS CIVIL SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community and the Treaty establishing the European Community of Atomic Energy (Euratom), Having regard to Council Regulation (Euratom, EC) No 1279/96 of 25 June 1996 concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia (Tacis Regulation), and in particular to Article 3(11) thereof, Having regard to the Commission proposal, Whereas the internal situation of Belarus has deteriorated, in particular since November 1996, leading to a step backwards in the process of démocratisation and the restriction of basic liberties and violations of human rights, Whereas, for this reason, no Tacis Indicative Programme 1996-1999 nor, consequently, Action Programme could be negotiated with Belarusian authorities, although such Programmes would normally form the basis of bilateral Tacis cooperation with a partner state, pursuant to Article 5 of the Tacis Regulation, Whereas the Council has adopted a position towards Belarus which is stated in the Conclusions of 24/02/97, the Declaration of 29/04/97 and the Conclusions of 15/09/97, suspending cooperation with the Belarusian authorities in the absence of convincing efforts to proceed with the necessary democratic reforms, but offering assistance to Belarus in the process of démocratisation, in particular in two specific and topical areas: human rights protection and freedom of the media, Whereas the Community has provided support for the process of démocratisation through Budget line B7-7010, but that effort should be deepened and complemented by other measures, Whereas Article 3(11) of the Tacis Regulation allows the Council to take appropriate measures concerning assistance to a partner State when an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights, Whereas the Commission has proposed to the Council to set up a Civil Society Development Programme for Belarus in the framework of the 1997 Tacis Programme as the appropriate measure towards Belarus, Whereas, even in the absence of a Tacis Indicative Programme 1996-99 and, consequently, Action Programme for Belarus, the programme proposed by the Commission will be implemented in compliance with the appropriate procedures laid down in Regulation 1279/96, in particular Articles 6 and 8 thereof, HEREBY DECIDES AS FOLLOWS: • Article 1: "The Civil Society Development Programme for Belarus for 1997 is hereby approved for a maximum amount of 5 Mecu. " Ç • Article 2: "The Programme will be implemented by the Commission, acting in accordance with the appropriate procedures laid down in Regulation 1279/96, in particular Articles 6 and 8 thereof. " • Article 3: "This Decision shall be published in the Official Journal of the European Communities. " Done at Brussels, "V FINANCIAL STATEMENT TACIS CIVIL SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 1. Budget Line: B7. 520 - Assistance to economic reform and recovery in the New Independent States and Mongolia Amount of the programme from the 1997 budget: 5 Mecu 2. Legal basis: Article 3(11) of Council Regulation No 1279/96 of 25 June 1996 3. Description of the Action • the general objective of the programme is the targeted support to Belarus to restart the démocratisation process, notably through assistance on the freedom of the media, the development of the civil society and education. • the funds shall be spent essentially to finance actions which will be necessary for identifying, preparing and implementing projects of technical assistance essentially in the areas mentioned (e. g. provision of legal expertise, technical and ethical training schemes, support for courses, workshops, conferences), but also of equipment. • the proposed programme falls under the 1997 budget. 4. Classification of expense DNO. Non obligatory expense. CD. Dissociated credits. 5. Type of expense 100% grant. 6. Adopted type of calculation The amount indicated has been forecasted on the basis of past experience on similar projects during past exercises. 7. Schedule of payments Commitment: during the ongoing budgetary exercise and on the funds of B7. 520: 5 Mecu Payments: present forecasts for disbursment are: 1997: 0 Mecu 1998: 5 Mecu <f Programme title: TACIS CIVIL SOCIETY DEVELOPMENT PROGRAMME FOR BELARUS FOR 1997 Programme cost: 5 Mecu Programme beneficiaries: students (e. g. , Law), journalists, NGOs, associations. Recent political developments in Belarus impeded ihe normal Institutional appraisal: programming process of Tacis. The results of the popular referendum held in November 1996, considered by the EU as illegitimate, led to the adoption of a new Constitution, concentrating all powers in the hands of the President, and the dissolution of the 13th democratically elected parliament followed by the nomination of a new parliament directly by the President. Since then, a number of restrictions of freedoms and violations of human rights were observed in Belarus. As a consequence, the Commission could not negotiate with the Belarusian authorities a Tacis Indicative Programme 1996-99 and hence an Action Programme. The Council, in its Conclusions of 24/02/97, Declaration of 29/04/97 and Conclusions of 15/09/97, suspended the implementation of the Interim Agreement, the conclusion of the PCA, and the support for Belarus membership in the Council of Europe. However, the Council left the door open for a constructive dialogue and offered assistance to Belarus in the necessary démocratisation process, notably on human rights protection and freedom of the media. The Commission had no possibility to honour this offer given the lack of new Tacis funds for Belarus. Justification and Objectives: Article 3(11) of Tacis Regulation (Council Regulation No 1279/96 of 25 June 1996) provides for the Council to take "appropriate measures" concerning assistance to a partner State when "an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights" In accordance with Article 3(11) and the Council position towards Belarus which foresees the provision of targeted assistance to this country for the sake of the démocratisation process, the Commission proposes, as the appropriate measure for Belarus, to set up a Tacis programme for 1997 of 5 Mecu, the Civil Society Development Programme for Belarus, with the ultimate aim to help restore the démocratisation process and regenerate the civil society in Belarus. Programme components: (1) (2) (3) Freedom of the media: approx. 1. 5 Mecu, mainly for training on ethics of an independent profession, on the rights and duties of media in a situation of freedom, legal courses and training on relevant EC laws, provision of equipment, organisation of workshops, seminars, conferences on relevant topics of modern journalism. Civil society support: approx. 2. 5 Mecu, mainly for further support of the NGOs by commitment through the channel of the Tacis Democracy Programme both for macro- project and micro-project proposals. Institutional twinning: approx. 1 Mecu, mainly for east-west cooperation of universities and associations for further and higher education. Implementation and timetable. 2 years 9 ISSN 0254-1475 COM(97) 602 final r EN 11 02 16 01 Catalogue number : CB-CO-97-614-EN-C ISBN 92-78-27550-6 Office for Official Publications of the European Communities L-2985 Luxembourg io