CONCORD recommendations to put People and Planet first in the future EU-ACP agreement

Transcription

1 CONCORD recmmendatins t put Peple and Planet first in the future EU-ACP agreement 1. The framewrk February 2018 The general framewrk with a cmmn binding fundatin and three cmprehensive and adaptable reginal cmpacts is welcmed. Indeed, it prvides much needed balances: between predictability and flexibility n the ne hand; and, n the ther hand, between a shared set f principles and bjectives - which pave the way fr a cmmn apprach t the implementatin f the SDGs -, and cntextualised strategies at reginal level. The fundatin shuld cntain all essential and binding elements and shuld utline the bligatins fr bth sides as well as the cnsequences f nn-cmpliance. We welcme the fact that many f these elements are included in the EC recmmendatin and that the fundatin chapter lists the principles that shuld underpin the agreement, but we d think that sme elements are missing and that the prpsal culd be strnger and mre explicit n a number f them: The prvisins relating t the institutinal framewrk and the actrs f the partnership shuld be reinfrced in the cmmn fundatin t ensure that stable, harmnised and binding institutinal structures and mechanisms are established. Mre specifically, the participatin f civil sciety as an actr f the partnership shuld be established in the fundatin thrugh a specific article as is the case in the CPA (althugh we recmmend t refer t civil sciety and its definitin instead f nn-state actrs). We strngly believe the fundatin shuld cntain clear references t UN cnventins, internatinal law and t ther internatinal cmmitments that will apply t the fundatin and the 3 reginal cmpacts. Explicit references t accuntability, mnitring and review mechanisms are necessary in additin t the apprpriate measures and cnsultatin freseen in case f nn-cmpliance with the essential and fundamental elements suggested in chapter 8. In particular, accuntability mechanisms shuld als include frmal cmplaints mechanisms accessible t civil sciety and citizens in cases f serius and evidenced breach f human rights bligatins by ne f the parties r by a third party benefiting frm the agreement (fr instance thrugh financing mdalities r trade and/r investment agreements). The future agreement prvides an pprtunity t implement the TFEU Plicy Cherence fr Develpment bligatin in a mre cncrete and binding way. We therefre welcme the fact that PCD is part f the fundatin. We als recgnise that Plicy Cherence fr Sustainable Develpment is a cmmitment fr all in

2 Agenda Hwever, the EU is first f all bund by the Lisbn Treaty article 208 which clearly states that the Unin shall take accunt f the bjectives f develpment cperatin in the plicies that it implements which are likely t affect develping cuntries. When referring t PCD, the future agreement will have t be mre explicit n bligatins f the EU and n the cncrete mechanisms needed t effectively slve spill-ver effects within the institutinal set-up and thrugh plitical dialgue. The accuntability mechanisms referred t in the previus paragraph culd be part f such mechanisms. The principles f the current art f the CPA shuld be reflected in the fundatin f the future agreement in particular the taking int accunt f the different needs and levels f develpment f the ACP cuntries, the due regard fr their plitical chices and develpment pririties and fr their reginal integratin initiatives. Furthermre a clear linkage shuld be established between the fundatin f the future agreement and current and future trade agreements (EPAs). This in rder t ensure that the essential elements f the agreement will als apply t trade. In additin t the reference t SDGs implementatin and pverty eradicatin as the primary bjective, which we strngly supprt, we recmmend t strengthen the prmtin f integrated appraches thrughut the partnership, by mainstreaming all three dimensins f sustainable develpment and the Agenda 2030 principles f leave n ne behind and prmting wellbeing within planetary bundaries, acrss the entire agreement and the 6 strategic pririties. Finally, we d suggest t include in the fundatin a list f transversal issues that crss-cut the 6 pririty areas bth at fundatin level and in the 3 reginal cmpacts. These issues include amngst thers: human rights, gender equality, disability, inclusiveness and nn discriminatin, cnflict preventin, yuth, envirnmental sustainability and climate change. Only by respecting these crsscutting issues in all strategic pririties at all levels the future agreement will cntribute t the attainment f the Sustainable Develpment Gals. 2. The strategic pririties We did ntice that there is a discrepancy between the language used in the fundatin t describe the 6 strategic pririties and the language used in the 3 reginal cmpacts, bth in terms f cntent and strength. If the 3 reginal cmpacts result frm the sum f the tw, there is a need t avid discrepancy, incherence, verlaps and difference f language (liability). Hence we wuld recmmend t shrten the chapter relating t strategic pririties in the fundatin and t fcus it n the verarching bjectives and principles that shuld underpin these pririties. Mrever, the EC prpsals n the 3 reginal cmpacts are very detailed and prescriptive, which is cncerning at the present stage f the prcess. Cncrete pririties and actins t be undertaken at reginal level shuld result frm the negtiatins and take the interest and bjectives f bth parties fully int accunt. A tw-step apprach culd better serve this

3 purpse, starting with an agreement n the fundatin and negtiating the 3 reginal prtcls in a secnd stage with interested parties. Despite this discrepancy, we recgnise that there are many psitive elements in the 6 strategic pririties that shuld be kept. We very much appreciate that human develpment and dignity is ne f the 6 pririties. We als welcme the fcus f Title III n recgnizing the interrelated challenges and threats that climate change and envirnmental degradatin pse t sustainable develpment and human wellbeing and the intentin f priritizing actin t address bth challenges in line with Agenda 2030 and the Paris Agreement cmmitments. In additin t targeted actin n climate change mitigatin and adaptatin and t ensure sustainable management and use f natural resurces, we strngly supprt a cmmitment t mainstream envirnmental sustainability and climate change bjectives int all plicies, plans and interventins acrss the future agreement. Hwever, we d ntice that these psitive elements grw weaker when reading the elabratin f the strategic pririties. It seems that althugh the attainment f the Sustainable Develpment Gals is cnsidered the key bjective, we miss the integrated apprach f Agenda 2030 thrughut the cmpacts and the 3 dimensins f sustainable develpment are treated separately. In this respect the prpsal fllws the traditinal sil apprach. At the same time certain imprtant elements that are mentined need t be strengthened; pverty eradicatin, in particular, evaprates when elabrating mre n strategic pririties. Therefre we suggest that crss-cutting and transversal issues shuld be defined in the fundatin and reflected in all 6 strategic pririties and at all levels f actin. Furthermre, the cncept f sustainable and inclusive grwth shuld be replaced by sustainable and inclusive ecnmic develpment, which ges beynd grwth as measured by an increase in GDP. We are particularly cncerned by the fact that the titles relating t Inclusive sustainable ecnmic develpment in the 3 reginal cmpacts are particularly prescriptive and interfering with dmestic ecnmic and trade plicies t the extent that they wuld prejudice ACP psitins in pssible EU-ACP trade negtiatins r that they culd turn the future Agreement in a mandate fr cmpulsry negtiatin f deep and cmprehensive trade agreements. 3. The rle and space f Civil Sciety We welcme the fact that Civil Sciety (CS) is mentined in different parts f the dcument althugh the prvisins relating t CS are t weak and vague t bring abut the required change t cunter the shrinking space fr CS, enhance EU s and ACP s accuntability thrugh citizens engagement, and harness the full ptential f CSOs t carry ut bth the SDGs and the strategic bjectives f the agreement. We believe that CS participatin shuld take place

4 at different levels, ranging frm natinal t sub-reginal, cntinental and all-acp, and that such participatin shuld be established thrugh the relevant mechanisms. The engagement with civil sciety shuld be built arund the recgnitin f the different rles it plays: advcates and watch-dgs, cnveners, service prviders, implementer as well as actr f change and develpment. Its rle as full-fledged actr f the agreement shuld be scaled up. All f this, in turn, requires adequate funding and supprt fr capacity and institutinal building, in particular in ACP cuntries, including specific funding t allw CS bireginal dialgue, exchange and jint psitining In this light, we prpse: 1. A specific article shuld be added t the fundatin, which clearly defines CS rle and space in the agreement and recgnizes CS as an actr in its wn right, different frm the private sectr r lcal authrities. Therefre, we recmmend explicitly t refer t the UN r EU definitin f civil sciety (2012 Cmmunicatin). 2. Meetings f and with civil sciety may be freseen at the level f the reginal cmpact. Hwever, ur experience with the EU-Africa partnership shws that withut a binding cmmitment, this will nt happen in a prper, regular and meaningful way. A clear reference t civil sciety participatin as a binding element f the agreement shuld therefre be a red-line in the EU negtiating mandate. 3. The fundatin shuld make clear that CS representatives have t be invited t all meetings f the jint fficial bdies, in which the implementatin, mnitring and review f the 3 prtcls are discussed (fllwing the example f trade agreements) as well as in rder t take part in the human rights dialgue. We therefre suggest the creatin f ne standing CS bdy per reginal prtcl. The principle f their creatin shuld appear in the fundatin chapter while their peratinalisatin shuld be freseen in the reginal prtcls. These standing bdies shuld have three bjectives: 1/ allwing fr a meaningful, standing and frmal dialgue with the EU and the A/C/P and their jint institutins, 2/ increasing the transparency and accuntability n the decisin-making and the agreements implementatin and 3/ allwing fr EU-A/C/P civil sciety dialgue and jint psitining. 4. Jint meetings between the 3 bdies shuld be envisaged in parallel f the relevant fficial prcesses (EU-ACP ministerial r summit, review f the agreement). This wuld allw t cmbine structured dialgue thrugh reginal platfrms with natinal and all ACP level dialgue. 5. Bth Civil Sciety and Parliament meetings can be cnnected t Cuncil meetings and this can have a strng effect if real inputs can be made and taken int cnsideratin. In this case, the disappearance f the Jint Parliamentary Assembly at an all ACP level wuld nt have t be a prblem. Hwever, strng plitical will and a gd institutinal framewrk are necessary in this regard and the experience f the EP-PAP meetings befre summits is nt cnvincing. 6. Specific attentin shuld be given t enable the participatin f grassrt rganisatins. The agreement shuld include the principle f citizen s and/r peple s

5 participatin in all aspects and at all levels f the agreement, in particular the lcal level and fresee a prper mechanism t facilitate this participatin. 7. CS participatin and exchanges shuld als be prmted thrugh multi-stakehlders platfrms, including nline exchange frums.

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