Post-Cotonou agreements: negotiations are getting tough

Text by: Pierre Firtion Follow

Started in September 2018, the negotiations between the ministers of the ACP countries (for Africa Caribbean Pacific) and the European Union are entering their last phase, the most complex: that of political questions. Technical discussions begin this Monday in Brussels before the resumption of negotiations next Friday between the negotiators of the two camps.

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At the center of the debates in particular: the recognition of free sexual orientation and gender identity, the abolition of the death penalty, or the funding by the European Union of African civil society organizations. So many subjects of cleavages between ACP and European countries while the discussions, slowed down by the coronavirus crisis, should in principle be completed "  in the coming weeks  ".

At least on this point, ACP countries and Europeans agree: the subjects which will be tackled from this Monday, first at a technical level, are "  the most difficult  ". Besides, from the start, the chief negotiators, the Togolese Minister Robert Dussey for the ACP and the Croatian Commissioner Neven Mimica (replaced since by Jutta Urpilainen, the new Commissioner in charge of international partnerships) for the Europeans, had put themselves in agreement to isolate these sensitive issues in order to deal with them only in a second phase. These subjects ? Mainly political questions. Because if the future partnership between ACP and EU is centered on development and trade, the final text will also include a political component, as for the Cotonou agreement.

Europeans have made these political questions essential points of the discussions. In their negotiating mandate, human rights, fundamental freedoms, democracy, the rule of law and good governance are thus set out as "strategic priorities". According to them, the future agreement must be based "  on the fundamental values ​​and principles of the Cotonou agreement  " and must "  strengthen them  ". Objective: to include in particular in the final text several principles such as the recognition of sexual orientation and gender identity, the abolition of the death penalty, and collaboration with the International Criminal Court (ICC).

Developments that the ACP countries do not want to hear about. Collaborate with the ICC? It is out of the question to work with a court accused by several states of the continent of "  selective and discriminatory  " practices. Make abolition of the death penalty a principle? Impossible because, according to the ACP countries, the question falls under the sovereignty of the States. "  It was not included in the negotiating mandate, adds a bit annoyed an African source within the negotiating team, it was during the negotiations that the European Union wanted us to talk about it  ." The ACP's refusal is even clearer with regard to the recognition of free sexual orientation and gender identity. This question, certainly the most sensitive, is considered according to them as "  non-negotiable ". "  The partnership is there to promote mutual understanding, judges our source, we must respect the differences in terms of values ​​and cultures  ". According to him, "this  is the subject where it will block the most  ".

► Read also: Renegotiation of the Cotonou agreement: “Like the EU, African countries have changed”

The question of funding for civil society

If on these three points the ACP countries intend to refuse any progress, they are however decided to develop another subject which is also very political: that of the financing by the European Union of African civil society organizations. "  We see several NGOs in ACP countries funded by the EU: we say civil society but they are generally NGOs that work for regime change, decrypts our source within the team of negotiators. So the ACP are very attentive to this, they no longer want the EU to continue to finance NGOs which are against the governments in place  ”.

Could the European Union agree to stop funding? Unlikely because the EU is very attached to the role played by civil society organizations. This is clearly stated in its negotiating mandate: "  The agreement will provide (...) that the parties undertake to facilitate, preserve and widen a space allowing civil society organizations (CSOs) to act, taking into account the role they play in promoting democracy, human rights and social justice and in defending rights holders and the rule of law, as well as their oversight role, which will lead strengthening transparency and accountability at the national level  ”. Europeans are even campaigning for the future partnership to include "  a commitment to increase support for capacity building  " for these organizations.

Without predicting the outcome of the discussions, a European source who follows the progress of the negotiations very closely confirms that Europe does not intend to give up on this point: "  This question of the funding of civil society can pose in certain countries difficulties but it is also an element on which we are very attached  ”. Are we heading towards a deadlock situation? Not so sure according to this European source who wants to see in the position adopted by the ACP countries "  a posture of negotiations  ". "  It's been how many protocols that we negotiate with the ACP, where we have always put human rights as an essential cause of the agreement,  " she minimizes. In the team of European negotiators we want to be quite optimistic about the outcome of the discussions. "  As in any negotiation, we have points which required a deeper and more political approach  ", one euphemizes in the entourage of the negotiator Jutta Urpilainen, European Commissioner in charge of international partnerships. “  Discussions are continuing to promote mutual understanding. We are confident that we will be able to achieve a good balanced result  . ” Europeans even think they can conclude these negotiations "  in the next few weeks  ". Which is clearly not won.  

♦ Development, political dialogue and trade, the three areas of the future agreement

The pace of discussions between ACP and European countries has been slowed down by the coronavirus crisis. Before that, "  we had nevertheless made significant progress in the discussions at the meeting on February 14, on more consensual subjects, including international cooperation and then a large part of the strategic priorities of the agreement,  " says a source. European.

Development cooperation, political dialogue and trade are the three areas that will govern this future partnership that will replace the Cotonou Agreement. The latter, extended last February, is scheduled to end next December. The text of the future agreement will be made up of a common base, setting out the principles and values ​​common to the EU and Africa to the Caribbean and the Pacific and setting out the main objectives pursued, and of three strengthened regional partnerships (EU-Africa , EU-Caribbean and EU-Pacific). Within the framework of the partnership between the EU and Africa, it is the African Union which is supposed to discuss directly with the European Union certain subjects such as migration, questions of peace and security, trade (with the ZLEC) and the climate.

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