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SOLIDARITY AND PARTNERSHIP


THE LOMÉ CONVENTION
AND
BUILDING A CITIZENS' EUROPE

 

POSITION PAPER PREPARED BY THE COCIS NGOS
Working group coordinator: Mario Paolini

FEBRUARY 1999

 

COCIS gratefully acknowledges the financial contribution of
the Ministry of Foreign Affairs of the Italian Government and the European Commission

 

 

Introduction

The fourth Lomé Convention will expire in February 2000, and the negotiations that have been taking place since 30 September 1998 between the European Union and the 71 signatory countries in Africa, the Caribbean and the Pacific (ACP) will lay the basis of the future development cooperation agreement. In many ways, since its inception in 1975 the Lomé Convention has been a unique and advanced model for cooperation, based on the principles of partnership, joint decision-making and contractual agreement and combining financial and technical cooperation with trade and political cooperation. Social and human development has represented one of the key aims of the Convention, and respect for human rights and democratic principles were included in the frame of reference for its agreements.
While on the one hand the Convention's general approach may still be considered valid, on the other, the limited scope of its results and the problems that have beset its implementation are obvious. In addition, the geopolitical transformations that have taken place in Europe and in the ACP countries, against the background of the far-reaching changes that have redrawn the political and economic map of the world in recent years, now present new challenges to European cooperation with the countries in the South of the world.
For precisely these reasons, Italian NGOs believe that the new agreement between the EU and the ACP countries must be capable of overcoming the limits of the past and, at the same time, of responding to the challenges posed by the new world order, by drawing up a framework for policies that in practical terms pursue aims such as eliminating the causes of poverty, social and human development, removing gender inequality and promoting human rights and a sustainable environment. The future ACP-EU agreement must be even more clearly a partnership between the different civil societies involved, recognising the decisive role of citizens and the organisations representing them as protagonists in development processes. It is our view that the framework for cooperation between the EU and the ACP countries that emerges will be able to act as an indicator of the will and ability of the EU to play a leading role in drawing up world-wide development policies for the new millennium, based on a new concept of international solidarity.
Development NGOs throughout Europe are therefore mobilising to bring the debate on the renewal of the Lomé Convention out of the "semi-clandestine" circle of insiders and to raise awareness in civil society and public opinion in general in their countries about the content and implications of this important cooperation agreement.
With the present paper, the COCIS aimed at stimulating a debate among its member NGOs in order to decide on the themes and content of a national campaign to raise awareness about the renewal of the Lomé Convention. Furthermore, it proposed to use this instrument to open a discussion with the other Italian NGOs in order to prepare common information for public opinion and lobbying of the media, political parties and the government.

 

Clear objectives and coherent policies for European development policies

Up until the Maastricht Treaty, there was no legal basis for development cooperation - in other words, there was no document stipulating that the Community should be a "donor", even though in actual fact areas of competence that are vital to development policy (such as trade, for example) had already been transferred to the Commission by the Member States. So it is no accident that, over a thirty-year period, the EU's cooperation policy evolved reactively and chaotically, without any clear strategy and using a wide range of instruments which were not always inter-related. The Maastricht Treaty thus marked a turning-point, defining a clear mandate for EU cooperation and setting objectives to be pursued and be accountable for to its citizens.
The principles enshrined in the Treaty bind the EU to a better coordinated and more coherent development cooperation policy:
_ coherence between the EU's various policies and those of member states so as to support - or at least not damage - European development objectives;
_ complementarity between the EU's development policies and those of member states, and between the various instruments used, in order to avoid overlapping and to build on each other's respective strong points;
_ coordination both between and within the EU and Member States, in order to ensure coherence between European development policies.

The general aims of the EU's development cooperation are clearly set out in Article 130 (u):
_ sustainable economic and social development in developing countries, especially the most disadvantaged ones;
_ a smooth, gradual integration of developing countries into the world economy;
_ a campaign against poverty in developing countries;
_ the promotion of democracy and the rule of law, and respect for human rights and fundamental freedoms.

In addition, the EU and its member states are signatories to a series of major declarations and action plans adopted by various United Nations conferences on development. The aims of these conferences were endorsed by the members of the OECD's Development Aid Committee in the paper entitled Shaping the 21st Century: the Contribution of Development Cooperation. These are:
_ economic well-being: the percentage of the population living in extreme poverty in developing countries must be reduced by at least half by the year 2015;
_ social development: primary education for all by 2015, the elimination of gender inequalities in primary education by 2005, a two-thirds reduction in the infant mortality rate by 2015, a three-quarters reduction in the mortality rate of women in childbirth by 2015, and access for everyone to basic health care and reproductive health by 2015;
_ environmental sustainability and regeneration: every country must draw up a national strategy for sustainable development by 2015.

All too often in the past, these development principles and objectives have been flouted and trampled on. Behind the declarations, there has been no concrete, consistent commitment on the part of the industrialised countries to eliminate the causes of poverty and North-South imbalances or to establish economic and social development characterised by equity and sustainability. Intervention patterns in development cooperation all too often give way to economic and political interests, and end up helping to consolidate inequality and injustice and increase poverty. Nor have the development cooperation policies of the EU and its member states have always been consistent with these high-sounding principles and ambitious aims.

 

The experience of the Lomé Convention and the new challenges

On paper, the Lomé Convention has some unique features not found in other development cooperation agreements. The most original and distinctive aspect of the Convention is that it has been negotiated and ratified by both donor and beneficiary countries in a partnership framework. The contractual relationship between the two groups of countries is marked by a political dialogue based on parity and reciprocal sovereignty. The link between aid and trade measures, as coordinated instruments of development cooperation, represents another distinguishing feature. Furthermore, the fact that financial commitments are programmable and foreseeable helps encourage sustainable development strategies in the beneficiary countries over the long term.
The key objective set by the fourth Lomé Convention is to support the ACP countries' efforts to achieve "comprehensive self-reliant and self-sustained development based on their cultural and social values, their human capacities, their natural resources and their economic potential in order to promote the ACP States' social, cultural and economic progress and the well-being of their populations through the satisfaction of their basic needs, the recognition of the role of women and the enhancement of people's capacities, with respect for their dignity".
An appraisal of the results, compared with the intention, cannot but be a negative one, calling into question the Convention's effectiveness and relevance. North-South dialogue has often been replaced by a monologue delivered by the EU to the ACP countries. Over time, the paternalistic and colonialist culture that has informed the relationship between the partners from the start has been given concrete expression in an increasingly marked centralisation of decision-making on the part of the EU, on the one hand, and by the purely formal participation - at best, consultative participation - by the ACP countries, on the other. Down through the years, the EU's increasingly pressing requirement of efficiency, in the face of poor management capacity on the part of the ACP countries, has found expression in a heightened tendency towards interventionism, with growing EU influence on development programmes and policies in the beneficiary countries.
The financial and commercial cooperation instruments put in place by the Lomé Convention have had no significant effect on economic growth, reducing poverty, curbing social inequality or removing the causes of conflict. The growing marginalisation of almost all ACP countries in trade or international investment flows is strikingly obvious, as is their increased economic and financial dependence. In many ACP countries, especially in Africa, human development indicators remain at minimum levels. Even the situation with food security has not shown the hoped-for improvements: in many cases this remains extremely serious, or has even got worse. Political instability and internal and international armed conflicts are still causing suffering and destruction in many ACP countries.
The failures just described of 25 years' experience of the Lomé Convention highlight the degree of ambiguity in the relationship that has been established between Europe and its former colonies in the context of the Convention: a model of partnership and North-South cooperation - in principle exemplary - which has not been followed up by coherent action in trade and aid policies, and which has thus been partly transformed into an instrument for the North's control of the South, giving precedence to the economic and political interests of the strongest partner.
Despite this, we believe that the Lomé model, renewed and improved, can still offer an alternative to the dominant neo-liberal approach to development problems. To do so, the future EU-ACP agreement must be capable of taking up this challenge on a variety of levels: putting forward coherent development strategies drawn up in a democratic and participatory framework; affirming the principles of peace, security and international solidarity; subscribing to the idea that there are economic, social and environmental areas that cannot be regulated by the laws of the market; affirming a renewed North-South partnership, based on common interests shared by all the civil societies involved.
Nevertheless, a range of factors is placing serious obstacles in the way of recasting and relaunching the Lomé model. The processes of economic and financial globalisation impose models for international economic relations based on the liberalisation of trade and investment, and the rules of the World Trade Organisation (WTO) reduce to almost nothing the political space left for trade relations that are not based on multilateralism. At this stage, in fact, the main problem for the EU seems to be getting the future agreement to conform to WTO rules.
The crisis in development aid policies, squeezed between control of the public deficit and the crisis in welfare, has resulted in a substantial reduction in the resources available for international cooperation worldwide. In Europe, the budgets of the individual member states are under pressure to meet the "Maastricht convergence criteria", so that even the EU's budget is subject to greater constraints, with unfavourable effects on appropriation decisions for Community development aid (which dropped from ECU 6,843 million in 1994 to ECU 6,057 million in 1997).
In addition, one effect of redefining the European Union's geo-strategic priorities has been a different geographical distribution of aid. In the EU's common foreign policy, in fact, priority is given to security-related concerns and, in more general terms, economic and strategic considerations, to the detriment of the aims of development cooperation in the strict sense. In this situation, the privileged position of the ACP countries has grown gradually weaker, primarily to the benefit of the countries in the southern Mediterranean, then those in Asia and Latin America, and finally the Central and Eastern European Countries (CEECs). In the Mediterranean Basin, the EU's interest in stability and in controlling the flow of migrants has led to a tripling of its financial involvement since 1991. Asia and Latin America are still a low priority, but humanitarian motives and economic and strategic interests are leading to a gradual extension of EU involvement there. Thanks to the plan to enlarge the EU eastwards, the CEECs are becoming a privileged partner in dialogue, benefiting from enormous amounts of aid to reform their economies. Cooperation, which was once based on ex-colonial links, cold-war patronage systems or solidarity, is now in danger of being more and more driven by "internal" aims.
Once again, therefore, the redefining of the EU's political, economic and strategic aims in the international arena is raising the issue of the relationship between development cooperation and foreign policy: autonomy for development policies can lead to their being marginalised, while integration can bring with it the risk of subordination. A third way, and the one recommended and practised by NGOs, is that of a comprehensive foreign policy open to the world, within which policies for development and cooperation with Southern countries constitute a vital, qualifying dimension.
As the world's main donor and main trading block, the EU is in a position to tackle these challenges and play a leading role in defining the new approach to international solidarity and development cooperation. The new EU-ACP agreement must live up to the principles and aims the EU has set itself. This, however, requires the political will to make coherent and courageous choices, if these principles and aims are not to remain merely the subject of a purely formal and abstract universal consensus, but are instead to be translated into practical intervention designed to make a real improvement in people's material and spiritual living conditions, promoting access for them to economic resources, respect for fundamental human rights and the power to choose their own form of development.
Unfortunately, in the negotiations currently under way on the renewal of the Lomé Convention, some elements are emerging that strongly contradict the declared principles. Some proposals in particular, in the approaches and operational mechanisms they outline, give cause for concern as they run completely counter to the development aims unanimously shared on paper.

 

Participation by civil society

Historically, the EU-ACP partnership was built mainly on the relationships between governments, thus excluding to a large extent non-governmental and civil society actors.
The importance of participation by civil society as a key element in promoting more effective development cooperation and ensuring greater transparency in decision-making mechanisms was explicitly recognised in Lomé IV-bis. This good intention too, however, got no further than the paper it was written on, thus failing to enhance the quality of the EU-ACP partnership through an increased role of civil society.
Unfortunately, it must be noted how, beyond declarations of principle, even in the EU and ACP's negotiating mandates for the current discussions the role of civil society is not appreciated at its full value. In the ACP mandate it is hardly mentioned, while the reference to civil society in the EU mandate fails to list concrete participation mechanisms for it. In crucial areas such as economic and trade cooperation, there is no room for civil society, except perhaps as "the private sector" (as if these areas should be the exclusive preserve of the "experts").
Italian NGOs feel that a renewed concept of partnership - one that hinges on the relationship between civil society North and South - should lie at the heart of the new Lomé Convention. The role of civil society should be recognised in all spheres of cooperation, not just formally, but reinforced with adequate instruments and resources designed to increase the capacity of the various agents to intervene in development processes. In particular, space should be given to organised groupings in civil society (rural and urban grassroots organisations, socially-oriented cooperatives and firms, trade unions, non-governmental development organisations, fair trade associations, etc.) that are committed, in their day-to-day work, both in the North and in the South, to reaching those aims of sustainable human development that were formally adopted by the Lomé Convention (see above).
Extending the political dialogue between ACP and EU countries must be reflected in an open, transparent process of drafting and implementing the future agreement in which civil society can participate fully. The new Convention must give priority to creating a mechanism that makes full participation by representatives of civil society possible, both in the EU and ACP countries, in defining the instruments for development cooperation and the procedures for using them. Effective participation by civil society, both at the drafting and implementation phases of the new Lomé Convention, can be ensured by inserting a declaration on freedom of association into the preamble to the new agreement; by involvement in all phases of national and regional indicative programmes; and by participation at all levels of the decision-making process: local, national, regional and ACP-EU.
There is a need to adopt a policy of openness to civil society to encourage information on the development programmes supported by the Convention as well as active participation in designing and implementing them. One instrument for increasing the amount of information and transparency could be an annual report on progress made with implementing the agreement, published both by the European Commission and the individual ACP countries.
In addition, in the new Lomé Convention an independent institution should be envisaged, where individuals and communities who are negatively affected by programmes carried out under the agreement can have the opportunity to complain and to benefit from corrective measures and compensation for the damage they have suffered. This complaint mechanism should also be extended to cover consequences that are not directly linked to the implementation of the agreement, but stem from other EU policies that are not coherent with it.

 

Human rights and democracy

A recognition of the indivisibility of civil and political rights on the one hand, and social, economic and cultural rights on the other, together with the so-called "third generation" rights such as those connected with a healthy environment, inextricably links the issue of human rights to that of development. The right to education, medical care and healthy food are fundamental human rights, as are the rights of women and workers. There can be no policy of safeguarding and promoting rights that does not take on board the economic, social, political and environmental context and the durability and sustainability of every right acquired. Promoting human development thus necessarily involves asserting the human rights of those citizens who are excluded from it.
Relatively recently, the connection between development policies and the promotion of human rights and democracy became one of the distinguishing elements of the EU's policy of cooperation with developing countries. The question of human rights was explicitly introduced for the first time in Lomé III (1986) and, with the mid-term review of Lomé IV (1995), the link between development cooperation and safeguarding human rights was further strengthened. Human rights, democracy, the rule of law and good governance are included among the vital elements regulating the EU's development cooperation policy. Within this framework, political dialogue and cooperation are seen as an instrument for encouraging functional conditions for setting up systems in the developing countries that guarantee political pluralism and the protection of human rights, as well as transparent institutions within its own administration. In the negotiations on the renewal of the Lomé Convention, the European Union seems to be setting itself, explicitly, the aim of a partnership that is also geared towards democratising the ACP countries.
The principle of democracy as a condition allows the EU to take sanctions against countries responsible for violations, through the clause that provides for a suspension of the cooperation agreement. Even though a consultation body is envisaged, to look into cases of violations, the final decision on sanctions is taken unilaterally by the EU. The ACP countries, although accepting the provisions on human rights and democracy, have voiced their concern about the criteria for verifying violations and applying punitive measures, and about the "conditionality" mechanism itself. The danger that these conditions could be used as a means of exerting political pressure is obvious.
Aside from the basic problem of the lack of a universally valid definition of democracy and clear systems for evaluating how democratic systems are operating, the principle of democracy as a condition raises the question of the concepts of sovereignty and joint responsibility, which are the very basis of the partnership. Making aid programmes subject to conditions of a political nature is likely to undermine the sovereignty of individual countries, raising once again, in the context of the Lomé Convention, the question of the conflict between national sovereignty, on the one hand, and safeguarding human rights and democratic principles, on the other. Furthermore, even though in general the EU stresses the need to substitute the concept of "conditionality" in the new agreement with that of a "contract" based on mutual obligations, in practice the power relationship between the contracting parties remains very uneven, which make real joint responsibility in the relationship impossible. There can be no joint responsibility if just one of the partners is in the dominant position of being able to judge the level of democracy in another and penalise it accordingly. Clearly, the solution to this problem must lie outside the framework of the Lomé Convention, in a more wide-ranging response to the problem of international safeguards for human rights and democracy.
The position of Italian NGOs is that the future agreement between the EU and ACP states should stipulate approaches and measures to strengthen the relationship between development policies and the promotion of human rights and democratic principles:
_ The EU must strengthen the coherence between positions of principle and intervention policies that reflect an acknowledgement of the indissolubility of economic, social and cultural rights from political, civil and environmental ones, and their dependence on the overall macro-economic and political situation, in concrete forms of intervention that have human development as their aim.
_ Support for consolidating democratic processes in the ACP countries must recognise the central role of civil society participants and decentralised cooperation programmes.
_ The move from political conditions to contract must provide for mutual obligations and effective respect for the principles of sovereignty and joint responsibility. In particular, the verification of violations of human rights, in both ACP and EU countries, must be entrusted to an outside body which is independent of the Convention, following the model of the newly created International Criminal Court or as has been proposed for the reform of the World Bank, while in some specific cases the system of sanctions for partners who are judged to have transgressed, on the basis of a report from this outside body, should remain an internal one.
_ Any sanctions that may be taken must distinguish between the governments responsible for violations and the civilian population that is subjected to them, and must therefore provide for the continuation of cooperation activities aimed at safeguarding human rights in the context of human development.

 

Financial cooperation and development aid

Up to now, financial assistance from the EU for development in the ACP countries has been of a contractual nature, in a partnership based formally on the principles of equality and sovereignty. Sovereignty, however, and the right of each country to choose its own political and economic system, involves constraints in terms of respect for human rights and democratic principles. Besides these political conditions, with a view to increasing its capacity to monitor and punish any improper use of its funds, the EU has introduced more stringent conditions based on the performance of beneficiary countries. It proposes to strengthen these even further in the future, partly with a view to gradually replacing the financing of individual projects with direct support for government budgets. In this situation, the problem with conditions being attached to aid emerges in all its ambiguity. While one may agree in principle with conditions being imposed on beneficiary countries in relation to respect for human rights and democratic principles and the efficient use of resources, there are lingering doubts about the possible use of this aid as an instrument for exerting political pressure, in the absence of criteria and procedures for verifying jointly whether these crucial contractual aspects have been violated.
The majority of funds for technical and financial cooperation with the ACP countries are supplied out of the European Development Fund (EDF), while the remainder come through soft loans from the European Investment Bank (EIB). The EDF is financed from outside the Community budget by voluntary contributions from member states that, in the course of each series of Convention negotiations, give a legally binding undertaking to allocate an overall amount to the Fund. The resources supplied by the EDF are used to finance the National and Regional Indicative Programmes, the STABEX and SYSMIN stabilisation funds, support for structural adjustment, emergency relief and aid to refugees, regional cooperation and subsidies on interest rates. The allocation of funds is decided on by the EDF Committee voting with a qualified majority, in which a country's voting power is proportional to its contribution. It should be mentioned, however, that through this institutional mechanism the process can be strongly influenced by the bilateral interests of the countries with the greatest financial capacity, to the detriment of a unified EU-wide cooperation policy.
The partnership principle is the formal basis for the management of the Lomé funds. For example, the ACP countries are responsible for choosing their development strategies - in consultation with the European Commission - through the National Indicative Programmes (NIPs), and management is regulated by a sharing of roles and powers between the EU and each individual country. In theory, this programming is an important instrument for ensuring the "ownership" of the aid programmes by the countries benefiting from the aid, and their sustainability. In practice, however, managing the Lomé funds has proven to be "procedural nightmare": the huge number and the complexity of the instruments has led to growing management difficulties both in the beneficiary countries and the Commission. Many ACP countries do not have sufficient management capacity (not to mention the problem of corruption and the improper use of aid), and the control exercised by the EU is too bureaucratic.
Resources for development cooperation with the ACP countries have been reduced considerably over the years, both in real terms and by comparison with other geographical regions. Considering the increase in the number of countries signing the Convention (from 46 to 71) and in the number of EU member states, the amount of resources allocated overall to the ACP countries appears very limited indeed.
Since the early 1990s, the geographical distribution of aid to developing countries has shifted - to the detriment of the ACP countries - as a result of the transformations in the economic and political-cum-strategic world map which have led the EU and its member states to redefine their priorities. Development policies, like trade policies, have developed in a way that has provoked a gradual erosion of the privileged position of the ACP group: between 1987 and 1995 their share of total EU aid dropped sharply, from 62.8% to 41.5%, mainly to the advantage of the countries of Central and Eastern Europe and the former Soviet Union, and to a lesser extent the countries of the Mediterranean Basin and Latin America. At present, per capita aid to Eastern European countries is six times higher than that to the ACP countries.
Trends in the extent to which the resources made available through the EDF are actually used cause particular concern about the EU's real commitment to maintaining a level of financing commensurate with the aims it has set. From the first Convention onwards, there has been a gradual, continual widening of the gap between the resources earmarked and their actual disbursement. Funds from the 6th EDF, which financed Lomé III (expired in February 1990), are still being spent - in other words, it is taking 13 years to use up funds that were supposed to be spent in five. The 8th EDF (1995-2000) became operational only in June 1998, thanks to the EU member states' slowness in approving it, and the Commission has already made it known that payments will not begin before 2002. The causes of these delays may undoubtedly be attributed to the complexity of the procedures involved, combined with a high degree of inefficiency in the system for managing Community resources, even at a decentralised level. Nevertheless, a lurking suspicion may subsist that behind these problems in disbursing the aid there lies a political desire effectively to reduce the overall amount of the donations, by accumulating unspent funds and using them as donations in subsequent EDFs ("rolling forward") or as an instrument for reducing debt, as proposed in the EU's negotiating mandate. Italian NGOs urge MEPs to do their utmost to get the EU to clarify these aspects, by means of parliamentary questions.
A new EDF will be negotiated in the autumn of 1999, while before that, in March, the EU will discuss its next seven-year budget ("Financial Perspectives for 2000-2006"). As there is fierce competition on the allocation of limited resources at member states level, there is a danger that commitments on appropriations for development cooperation in the budget might have a negative influence on the amount that will be allocated to the EDF by the individual countries, as already happened with the 8th EDF. It is therefore important for the requirements of the ACP countries to be taken into consideration when the budget is being discussed. The inclusion of the EDF in the EU budget - as requested by the European Parliament - could promote greater transparency and better control of spending, but in any case the needs of the ACP countries should be duly taken into account.
In this regard, the position of Italian NGOs is that improving the quality and effectiveness of the EU's cooperation programmes has to entail certain measures that must be central to the next agreement with the ACP countries:
_ the adoption - as specific objectives of the new Convention - of the commitments made within the framework of the United Nations Conferences and endorsed by the OECD's Development Aid Committee (see above);
_ financial commitments adequate for attaining the above-mentioned development objectives, both by the Commission (excluding the "recycling" of unspent funds from previous EDFs) and by member states (so that they finally respect their commitment to 0.7% of GDP, which has apparently been "forgotten" by most of the developed countries);
_ the adoption of a gender-aware approach in all aspects of the future agreement (mainstreaming) and programmes specifically designed to support the empowerment of women;
_ a commitment to increase investment in the sector of basic social services (health, education, nutrition, drinking-water, etc.) to at least 20% of development aid and 20% of the budget of the beneficiary country, in line with the recommendations from the 1995 Summit on Social Development (20:20 compact);
_ support for income-generating activities for the poor in rural and urban areas (micro-credits, training, technical and marketing assistance) and for systems in the local economy;
_ investment in agricultural production and agri-business, and in food security systems (based on the development of traditional crops), combined with agrarian reform measures;
_ strengthening civil society organisations so as to increase their capacity to influence political decisions and ensure respect for social and economic rights through access to resources;
_ stepping up financial support for NGO programmes and decentralised cooperation activities;
_ a review of the criteria and mechanisms for allocating and managing funds with a view to increasing flexibility, coherence and transparency;
_ increasing the capacity to translate financial commitments into spending within definite periods by simplifying the procedures for disbursing the funds, and decentralising the functions of the EU Delegation in this regard;
_ the gradual elimination of tied aid;
_ selecting areas and procedures for the joint solution of disputes connected with the imposition of conditions.

 

Support for structural adjustment

Starting with Lomé IV, which introduced measures to support structural adjustment, a large proportion of the financial aid allocated to the ACP countries (around 30%) has been used for this purpose. The EU gives support to adjustment in the form of donations rather than loans, unlike the World Bank or the International Monetary Fund (IMF).
In principle, the EU's approach to structural adjustment differs from that of the IMF and the World Bank on at least five major points:
a) greater autonomy for the ACP countries in determining the objectives and instruments for their economic policies and greater emphasis on their "ownership" of the adjustment programmes;
b) more flexible approach to conditionality;
c) less stress on market liberalisation, currency devaluation and privatisation;
d) from the programming phase onwards, greater attention paid to the adjustment policies' social impact, especially on poverty;
e) greater attention to the regional dimension, thereby preventing conflicts between the individual adjustment programmes.
In reality, however, the EU has remained essentially under the sway of the dominant neo-liberal approach upheld by the Bretton Woods institutions. The EU's approach does have a "human face", but it basically remains confined to limitation of damages caused by the World Bank and the IMF's programmes - structural adjustment policy continues to be decided on in Washington.
Recent evaluations have once again highlighted the controversial - if not downright disastrous - results of the neo-liberal type of structural adjustment programmes. In particular, they show the appalling effects on the living conditions of the poorest sectors of society. Furthermore, the recent events in the Asian crisis cast even greater doubt on the validity of the IMF and World Bank's economic recipes. These facts have forced the latter to be more self-critical, as well as re-launched the international debate on both structural adjustment and the reform of these two institutions.
In the opinion of Italian NGOs, the EU would be in a good position to emerge from its subordinate status and relaunch its own approach, which has so far got no further than the paper it is written on. It should therefore use its political weight in the Bretton Woods institutions to effect a change of direction in the adjustment policies imposed on developing countries. This course is dictated by the vital importance of defending the principles and objectives on which the Lomé Convention is based. Indeed, without resolute action to this end, the development cooperation model built by the EU and the ACP countries will always run the risk of being heavily influenced - or even frustrated - when it comes to actual processes of structural adjustment over which neither the EU nor the ACP countries have any control.

 

Trade agreements, free trade areas and regional integration

Up to now, trade relations between Europe and the ACP countries within the framework of the Lomé Convention have been based on a non-reciprocal system of preferences, which has been an important and original element in the EU's policy on cooperation with the ACP countries. In theory, the aim of this system of preferences was to support the ACP countries' exports and promote their gradual integration into the world economy, creating favourable conditions for development through the gradual transformation of their economic structure.
This system granted preferential treatment to the ACP countries by comparison with other developing countries. It provided for access to EU markets for almost all their products, which were exempt from customs duties and subject to no quantitative restrictions, while they did not have to give the same treatment to EU exports to their countries. Further support for ACP countries' exports came from stabilisation and price support mechanisms for basic products (STABEX) and mineral products (SYSMIN), and from commercial protocols that provided for guaranteed access to certain products on a quota basis (rum, sugar, bananas and beef) and - in the case of sugar only - a guaranteed price. The principle of free and unrestricted access to the EU market has been considerably limited, however, by the protectionist provisions of the Common Agricultural Policy (CAP), by the rules on determining the origin of the goods, and by the safeguard clauses.
Lomé's trade preferences have benefited the ACP countries very unevenly, depending on the level of development of their productive systems and the composition of their exports. While some countries (e.g., Mauritius) have managed to profit from favourable conditions in its trading relations with the EU in order to develop competitive and diversified economies, the general picture, however, is one of quite depressing results. The amount of ACP exports to the EU has diminished constantly over the past 20 years, dropping from 6.7% in 1976 to 3.7% in 1992, in line with a trend to marginalise these countries in world trade (2% of the total in 1997). The products exported have remained mainly primary products with low added value, demonstrating the failure to achieve the aim of diversifying their economies. In general, it can be said that EU-ACP trade has continued to borrow from a colonial model - raw materials in exchange for European manufactured goods. The main cause of the ACP countries' failure to become integrated into the world economy can be pinpointed first and foremost in the unequal system of exchanges and the structural imbalances in North-South relationships, which the EU too has helped to consolidate, with its policies designed to defend its own economic and political interests.
In the current negotiations, the EU is proposing a radical change from its previous approach, towards a non-discriminatory system of reciprocal preferences, in compliance with the neo-liberal rules of the World Trade Organisation (WTO). The key element in the EU proposal is the creation of Free Trade Areas (FTAs) between the EU and the ACP countries grouped according to region, for a transition period of ten years, starting in 2005. For countries that do not wish to - or that cannot - become party to these regional agreements, there are two different options. The less developed ACP countries can continue with non-reciprocal, duty-free conditions of access to EU markets for basically all products, as provided in the WTO regulations. The other ACP countries, on the other hand, will receive the same treatment as other developing countries within a Generalised System of Preferences (GSP), less favourable than the Lomé preferential regime and managed unilaterally by the EU (and thus outside of a partnership framework). The various commercial protocols will cease to exist in their present form, and STABEX and SYSMIN are due to be scrapped.
Problems of various kinds make the EU proposal to liberalise trade and create regional FTAs unacceptable in its present form, as it is unrealistic and in complete contradiction with the declared aims of sustainable economic and social development and the fight against poverty:
_ Regional integration among the ACP countries is still at levels that are inadequate for laying the basis for a free trade agreement. No ACP region (except perhaps the Caribbean) has the political and institutional conditions necessary for drawing up common trade policies. Furthermore, the less developed countries, which can continue to enjoy non-reciprocal conditions, might not have any incentive to subscribe to these regional agreements. Regional integration processes may be facilitated, but not imposed from outside.
_ The different levels of development in the countries involved in the free trade agreements will lead to an unequal distribution of costs and benefits to the disadvantage of the more developed countries. There is an enormous disparity between the per capita GDP in EU and ACP countries (280:1 between the richest EU and poorest ACP country), but even between countries in the same region there are significant differences (e.g., between the richest and poorest country in the SADC, the regional economic organisation in southern Africa, the ratio is 38:1).
_ The ACP economies have not developed sufficiently to be able to withstand competition from EU duty-free imports. The structural constraints within the ACP economies (infrastructure, information, access to credit, etc.) restrict their capacity to react to competition from the EU. The fragile industrial development in the ACP countries could be seriously compromised, leading to de-industrialisation and unemployment.
_ The agricultural sector in the ACP countries, which supports on average 70% of the population, will be severely hit by the unfair competition from EU agricultural produce subsidised from the CAP, resulting in serious economic damage and grave risks to food security and the environment.
_ On average, over 20% of the ACP countries' fiscal revenues comes from import duties. The reduction in these revenues caused by the liberalisation of international trade will lead to serious problems for public finances, ultimately limiting the resources available for development programmes in the social sectors (education, health, etc.).
_ Regional free trade agreements are likely to create a "trade diversion", if cheaper goods imported from third countries are replaced by dearer goods of EU origin as a result of the lack of duty on the latter. In this case, the regional agreements could reinforce the ACP countries' dependence on the EU, to the detriment of more advantageous links with other dynamic economies.

The results of the studies on the economic impact of regional free trade areas, recently commissioned by the EU, are not favourable for the majority of countries and confirm the problems and risks entailed by the measures proposed.
Italian NGOs therefore feel that any future agreement on trade relations between the EU and the ACP countries must take these problematic issues into account and propose solutions that do not produce negative effects on the economies of the ACP countries and the living conditions and incomes of their people, but rather adhere to the basic aim of improving their potential for sustainable and equitable development. Future trade relations should therefore be based on maintaining the present conditions of access for ACP countries to the EU market, while the elimination of duties on imports of EU products should not weaken ACP production for national and regional markets. The basic reference for trade policies should be the development needs of the countries involved and those of their populations, and not the liberalisation of the market as an end in itself. There is ample evidence to show that the liberalisation of international markets does not necessarily lead to economic growth in developing countries, still less to equitable, sustainable development.
For these reasons, a gradual changeover to a regime of reciprocity in EU-ACP trade should be subordinated to the creation of conditions ensuring that this can become a positive force for economic and social development in the ACP countries. With this in mind, it seems to us that it would be crucial for the EU to take the following steps:
_ to back development work aimed at eliminating supply-side constraints that are preventing ACP producers from competing effectively with EU producers (the development of human resources, infrastructure, transfer of appropriate technology, access for the most socially disadvantaged groups to economic resources);
_ to remove distortions in the Common Agricultural Policy by radically reforming it, thereby allowing the comparative advantage of the ACP countries to be fully exploited;
_ to support the creation of the institutional conditions necessary for turning the negotiation of regional agreements into a realistic option;
_ to encourage tax reform in the ACP countries in order to reduce the dependence of their public finances on customs duties;
_ to extend existing preferential tariffs likely to produce benefits for ACP producers to those sectors where no negative repercussions for EU production can be shown;
_ to use limited health and phytosanitary regulations, solely as dictated by the need to protect consumer health and not as artificial non-tariff barriers to imports from ACP countries;
_ to simplify and update the rules on the origin of goods;
_ to introduce special provisions to meet the needs of the less developed and most vulnerable countries (small islands, countries that depend on the production of just one item, etc.);
_ to support and promote fair trade, through support for both production in the ACP countries and distribution in the EU;
_ to alter the EU's internal regulations that arbitrarily damage both the interests of producers in the ACP countries and those of EU consumers (cf. the chocolate issue).

Only when these conditions are in place will the individual ACP countries and regional groupings of countries be in a position to decide voluntarily to transform the present, non-reciprocal trade agreements with the EU into accords based on reciprocity.
The ACP countries will need to be given enough time to adapt to the new conditions. During this transition phase, there should be constant checks on the impact of the introduction of the new trade agreements at economic level (economic growth, terms of trade, redistributive effects, etc.), as well as at social (human development, gender relations, etc.) and environmental level. Necessary corrective action should be undertaken to minimise the costs and maximise the benefits for the weaker partners and, if necessary, readjusting the time allowed for transition. Specific impact studies and grievance mechanisms, made available to sectors in civil society negatively affected by the introduction of the new trading system, can be the instruments for carrying out these checks.
The rigid neo-liberal rules of the WTO can be revised and brought into line with the actual situation that exists with the trade agreements between developed and developing countries. Given the balance of power in the WTO assembly, a joint EU-ACP initiative on this could be successful.
In view of the evidence that market globalisation and liberalisation do not automatically lead to an eradication of the causes of poverty and inequality - and indeed in many cases actually aggravate the problems - a new EU-ACP agreement on trade cooperation must be concluded within the framework of a cooperation strategy that centres on human and social development.

 

Investment and technology transfer

Investment is vitally important for economic growth and job creation in the ACP countries, as in all developing countries. Most of the ACP countries, however, do not offer favourable conditions for investment (political stability, macro-economic context, infrastructure, etc.). Their internal investment capacity remains limited by the lack of entrepreneurship, a low level of savings and lack of management and technical capacity.
In addition, the enormous expansion of direct foreign investment at world level in recent years has been very unevenly distributed, and has largely excluded the poorest countries - around 90% of investment flows were directed towards the EU, Japan and the USA, while investment in developing countries has been concentrated in the few countries with the greatest power to attract it. Only 1.1% of the total investment flow to developing countries in 1995 went to the least developed countries, which are strongly represented in the ACP group.
There is fierce competition among developing countries to attract inward investment, and in many cases this has given rise to policies that are extremely favourable to multinationals (including freedom to pollute and the repression of trade unions and movements of indigenous peoples). This may have stimulated economic growth in a few countries, but to say the least it has had a debatable, if not negative, effect on human development and the environment.
Crucial aspects to do with investments are an integral part of the negotiations currently under way. The EU is inviting the ACP countries to commit themselves to promoting and protecting private investment by applying the WTO's multilateral agreements: protection for intellectual, industrial and commercial property through the application of the treaty on intellectual property (TRIPs); the promotion of policies on free competition; the protection and promotion of investment through the application of the treaty on investment measures (TRIMs); the right to set up firms on the basis of the most-favoured nation clause; and the liberalisation of current account transactions, of currency convertibility and the repatriation of investments and the related profits. Although some of these measures may encourage the creation of a favourable environment for investment, overall, the EU's attitude reflects the dangerously unbalanced approach - that favours the rights of investors - proposed by the Multilateral Agreement on Investments (MAI), which lies at the heart of semi-clandestine negotiations within the OECD. In essence, the trend is to restrict drastically the right of the governments concerned to regulate investment in line with their priorities of human development and environmental protection, supporting the development of local productive capacity and technological resources, and financial stability. For example, the rules on intellectual property protect the interests of the multinationals, which own 90% of industrial patents, to the detriment of the developing countries - which carry the burden of the growing costs of transferring technology that is vital for increasing productivity and international competitiveness.
On this matter, the opinion of Italian NGOs is that the protection of the rights of investors is an important element in creating a favourable environment, but that this must not mean absolute freedom for multinational firms. Investors' rights must be balanced by duties and responsibility - both to respect the rights of workers, consumers and the communities affected and to protect the environment. Although in general the EU does take on board the concern for the rights of workers, human rights and the environment, these ideas do not inform the proposal on investment.
Inward investment can bring potential benefits to developing countries only if their governments retain the right to regulate it and direct it towards the promotion of sustainable development and the eradication of poverty. It should not be forgotten that these same rights, which are today being attacked by the WTO and the MAI (control of the repatriation of profits, local content requirements, technology and training transfer, balance of payments requirements, protection for infant industries, etc.) have - together with active State intervention in the economy - laid the foundation for the industrialisation and development of Asia's emerging economies. The unrestricted liberalisation of investment, of international trade and financial systems can spark off situations of uncontrolled crisis - with disastrous consequences for the weakest social groups, as recent experiences in Asia have shown.
For these reasons, it is the view of Italian NGOs that the future EU-ACP agreement should tackle the issue of investments from the perspective of actively promoting human and social development:
_ the new agreement should establish the bases for joint EU and ACP action within the WTO to assert the right of developing countries to regulate inward investment depending on their degree of development and support for internal capacity, through reinvesting profits, transferring technology and know-how, training, and the requirements regarding both the content of local input and a positive impact on the balance of payment - in particular, joint EU-ACP action should aim at a review of the TRIPs and TRIMs;
_ the EU should provide the ACP countries with technical assistance in setting up systems to regulate and monitor competition and investment, to ensure that firms meet certain standards from the technical, social and environmental points of view, including tax standards and workers' rights in compliance with the social clauses of the International Labour Organisation;
_ the new agreement should provide for the introduction of a code of conduct for foreign activities by EU and ACP multinational firms in relation to human rights, worker and consumer rights, environmental protection, political interference and corruption;
_ the EU should assist the ACP countries with the direct transfer of technology that promotes job creation, training and more efficient public administration, and with programmes to transfer professional and training skills in information technology.

 

Debt

Many low-income countries that are deeply in debt are in Sub-Saharan Africa, and of the 41 countries classified as heavily indebted poor countries (HIPCs) at the centre of the initiative led by the World Bank and International Monetary Fund to reduce debt to a "sustainable level", 35 belong to the ACP group. The total foreign debt of the ACP countries increased more than tenfold between 1975 and 1995, leaping from US$ 21.8 to 222.8 billion. The ratio between debt and GDP reached an average of 92% in 1995, but for the African countries in the group it was 154%. The total amount for debt servicing as compared with exports averages at around 15%, but is as high as 21% for the African countries.
It is estimated that about 25% of the total debt of the ACP countries was contracted with the EU and its member states, involving amounts of 15% (multilateral) and 85% (bilateral), respectively. While at world level some member states (Germany, Britain, Italy and France) are among the main bilateral creditors, the EU has a relatively modest role as a multilateral creditor. The amount owed to the EU is only 1% of the ACP countries' foreign debt.
Despite this, Italian NGOs consider that the EU could play a leading role in the international initiative to reduce the debt, sending out a strong political signal to the creditor countries and the international financial institutions, by taking decisive action to cancel the debt of the heavily indebted countries, starting with provisions in favour of the ACP countries within the framework of the renewal of the Lomé Convention.
There is, however, strong resistance to this. Back in 1990, the proposal by the Commissioner for Development to cancel completely the multilateral debts of the ACP countries was decisively rejected by some member states and the EIB. In spite of this, some timid steps have been taken to reduce the burden of the multilateral debt on the ACP countries, cancelling outstanding STABEX debts and constantly increasing the proportion of donations as opposed to loans within the successive Lomé Conventions. Today, the only loans are the financing administered by the EIB. Nevertheless, payment of the debt accumulated under previous Conventions will continue to weigh down the ACP countries until 2033, with a peak in 2007 equivalent to ECU 80.8 million.
The intransigent position of certain member countries and the EIB has caused problems even within the sphere of the HIPCs initiative, where they reject the Commission's proposal to cancel the multilateral debt. These same member countries have been reluctant to take initiatives on bilateral debt, thereby slowing down what could be timely and effective action to alleviate the debt.
This situation highlights the serious lack of coherence between the policies of the EU and its member states: coherence between the roles of donor and creditor, insofar as the burden of the debt is limiting development possibilities, and coherence between the policies of the Commission and those of the various member countries. These contradictions must be overcome, and a debt policy that fits in with the principles and objectives that the EU has set itself, in terms of sustainable social development and the fight against poverty, must be launched. In the framework of the future agreement, the EU should offer the ACP countries the full cancellation of the multilateral debt under Lomé and should commit itself to push member states and the multilateral institutions at least to adopt measures to alleviate the debt. In this context, the proposal to use EDF resources to reduce the debt is unacceptable.

 

Conflict prevention and consolidating peace

Of the thirty or so armed conflicts currently being fought, 13 involve ACP countries. Ten other countries in the ACP group have just emerged from wars or are suffering the consequences of conflicts in neighbouring countries. In the areas concerned, there are 33 million refugees or internally displaced people, 80% of whom are women and children. The human cost of these conflicts in terms of death and suffering is enormous: entire regions are destabilised and impoverished. The poorest people suffer from further marginalisation and the loss of social protection, while the warlords and profiteers make their profits from the general impoverishment through the black market, extortion and contraband.
The origins of many conflicts in Southern countries often go back to the colonial and post-colonial relationships of domination and exploitation whose victims have been these countries and their people. Behind the facile ethnic or religious explanations for these conflicts lie harrowing economic and political contradictions and power struggles whose sponsors - with their own interests to promote - are to be found in the North of the world.
The position of Italian NGOs on this point is that the next EU-ACP agreement must play a major role in preventing conflicts and that the EU must commit itself to this by means of:
_ intervention policies that support democratisation processes, different ethnic groups living together in harmony, and the rights of minorities and organisations in civil society that are involved in promoting and defending human rights;
_ development activities that work on the possible causes of conflict;
_ monitoring and controlling the operations of EU firms (usually mining and oil companies) that work in conflict areas;
_ pressure on member states both to apply the code of conduct on arms control approved by EU heads of state in June 1998 and to promote it at international level;
_ emergency humanitarian aid with a view to supporting peace-making and economic and social rehabilitation.

 

Decentralised cooperation

Decentralised cooperation was explicitly agreed for the first time in the context of the Lomé Convention. With the review of Lomé IV in 1995, in particular, the concept was enunciated more specifically, recalling the importance of participation by the people concerned, activities aimed at building individual capacities and decentralisation. Nonetheless, despite these reminders, cooperation projects continued to be viewed in the context of centralised relationships between states. Indeed later on, when the consistency of decentralised cooperation programmes under Lomé was checked, only 5% of the resources of the 7th EDF were found to be allocated to decentralised cooperation projects, and if one looks specifically at the nature of the individual projects one can see how - despite some undoubted elements of decentralisation - intervention has to a large extent maintained the traditional, centralised approach.
This situation has arisen thanks to the concomitant occurrence of various factors. First and foremost, it is due to the very nature of the Lomé Convention itself, which has a centralised approach and accords a predominant role to the ACP states. Furthermore, the EDF's procedures and management meet criteria that are too rigid, complex and hierarchically-minded to be capable of adapting to the innate elasticity of a decentralised, participatory programme - which in practice makes funds inaccessible to non-government participants. Another obstacle undoubtedly derives from the resistance of the ACP states themselves, which are not always prepared to back the autonomy of civil society entities, in terms not just of policies but also of the resistance from and/or the inability of governments to grant space for freedom. At most, decentralisation affects the structures of the state itself, and there is still a marked lack of openness towards non-governmental bodies. This same inability at local level may also be noted on the part of the European Union's territorial delegations, whose relations with civil society still leave much to be desired, as they remain too exclusively anchored in institutional-type relationships (which do undoubtedly present fewer risks and uncertainties).
So in this matter too, a discrepancy may be observed between the theoretical positions and policies adopted by the European Union, which yet again fails to follow through on its own declarations of principle. The position of Italian NGOs is that the new Lomé agreement must include among its priorities the introduction of spaces and practices that trigger participation mechanisms and make the local population capable of managing their own change. In this sense, it seems clear that participation must not be regarded as merely an instrument, but rather as an end in itself. EU-ACP cooperation must not just promote citizens' capacity to participate, but must also encourage a more participatory approach by institutions, so that mechanisms may be introduced to involve the people in the process of overall development, at local, national and international level.
The new agreement between the EU and the ACP countries must broaden considerably the space for decentralised cooperation, as a vital tool for expanding the role played by civil society in development processes and for strengthening forms of partnership that are based on collaboration and linkages between economic and social actors, in both the South and the North. The sharing of knowledge and exchange of experiences in development programmes can lay the foundation for building a real partnership between different players, based on common values and interests, focused on combating the causes of poverty and social exclusion and the elimination of imbalances between the North and South of the world. Besides development NGOs, fair trade associations, workers' unions, associations for international solidarity, local administrations, universities and social enterprises must all be the main participants in this process in their own specific areas of activity. Even the system of small firms, if properly guided and coordinated, can play a role through training and the transfer of know-how, with the aims of human development kept firmly in their central place as the highest priority.
Italian NGOs believe that the decentralised cooperation approach can activate mechanisms for popular participation in development processes, influencing the spreading of real democracy. At the same time, it can be an element in the process of building new alliances and solidarity between citizens and organisations in the South and the North of the world, so as to build - from the bottom up - an alternative to the dominant development model.

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