ANALYSIS REPORT BY THE STANDING COMMITTEE IN CHARGE OF POLITICAL, DIPLOMATIC, DEFENSE AND SECURITY MATTERS OF THE BILL ON THE RATIFICATION BY THE REPUBLIC OF BURUNDI OF THE REVISED GEORGETOWN AGREEMENT, SIGNED ON JUNE 20, 2021, IN BRUSSELS

I.INTRODUCTION

On September 28, 2022, the senators members of the standing committee in charge of political, diplomatic, defense and security issues met to analyze the aforementioned bill.

The session was marked by the presence of the Minister of East African Community Affairs, Youth, Sports and Culture who had represented the Government to clarify the senators members of the committee referred to for the ratification of the said Agreement by Burundi.

 During the analysis of this bill, the following documents were used:

• the Constitution of the Republic of Burundi;

 • the aforementioned bill in its government version and its preamble;

• the ratification bill as adopted by the National Assembly;

• the instrument of ratification of the revised Agreement;

• the text of the revised Georgetown Accord.

This report includes the following points:

1. Introduction;

2. Interest of the Agreement;

3. Content of the Agreement;

4. Questions asked to the Government Representative as well as the answers given;

5. Conclusion.

1. PURPOSE OF THE REVISED AGREEMENT

The Constitutive Act of the African, Caribbean and Pacific (ACP) Group of States was revised by the Summit of Heads of State and Government meeting in Nairobi from 9 to 10 December 2019. Before its revision, the ACP had only the European Union as a partner. During the said summit, it was decided to transform the ACP into an international organization called: Organization of African, Caribbean and Pacific States (OACPS).

The revised Agreement, in addition to being able to make partnership agreements with other partners, aims to address the challenges of development in all dimensions, including the environment, climate change, peace, security, equality gender and private sector for development.

1. CONTENT OF THE AGREEMENT

The framework of the revised Agreement is made up of forty-four articles spread over 13 chapters.

The first chapter, consisting of a single article, defines the various terms used in this agreement.

The second chapter, consisting of the 2^nd and 3^rd articles, mentions respectively the constitution and the legal status of the Organization of African, Caribbean and Pacific States, called “OEACP”.

The third chapter, which comprises two articles (4 and 5), respectively specifies the principles and objectives of the OACPS.

The fourth chapter composed of two articles (6 and 7) specifies respectively the conditions for being a member or an observer of the OACPS.

The fifth chapter, comprising Articles 8 and 9, mentions rights and obligations on the one hand and immunities and privileges on the other.

Chapter VI, composed of 15 articles (from art 11 to art 25), deals with the constituent bodies of the OACPS.

The seventh chapter, with a single article (26), concerns the quorum for the meetings of all the organs of the OACPS.

The eighth chapter, which includes two articles (27 and 28), provides for the decision-making procedures and the establishment of all the organs of the OACPS.

The ninth chapter, made up of three articles (29, 30 and 31), relates to the financial provisions.

The tenth chapter, consisting of a single article (article 32), deals with sanctions.

Chapter XI (Article 33) deals with the settlement of disputes.

Chapter XII composed of four articles (from 34 to 37) deals with external relations at the OACPS.

The thirteenth and last chapter relates to the final provisions (from article 38 to 44).

1. QUESTIONS ASKED TO THE GOVERNMENT OFFICER AND ANSWERS PROVIDED

Question 1

The ninth summit of Nairobi took decisions and resolutions, among others that of transforming the ACP (African, Caribbean and Pacific States) into an international organization called OACPS (Organization of African, Caribbean and Peaceful). The legal status of the ACP has changed.

Your Excellency Minister,

1. Until now, what was the legal status of ACPs?
2. Would there be positive fallout in favour of our country given the   change in the legal status of the OACPS?

Answer.

1. Before the Nairobi summit in December 2019, the ACP had the legal status of a non-profit association which had a single partner, including the European Union. It was after the Nairobi summit that the ACP changed its name to become the OACPS which until now has the legal status of an international organization which could have many partnerships in addition to the European Union.

• The positive spin-offs in favour of Burundi given the change in the legal status of the OACPS are visible. Indeed, the Georgetown Agreement was limited to only one partner, the EU. It will therefore be possible for the Member States, including Burundi, to open up to other economic partners of their choice.

 It is within this framework that the Cotonou Agreement will soon be replaced by a new Agreement called “Post-Cotonou OACPS-EU Agreement” which has already been initialed and awaits final signature.

Question 2

In the Preamble, it is mentioned that all the decisions and resolutions taken during the 9^th Summit of Heads of State and Government were endorsed by all the representatives of the ACP States, including the Burundian delegation. Moreover, it is stated that this agreement aims to address the challenges of development in all dimensions.

Your Excellency Minister,

1. Since they are not specified in the preamble, what are these resolutions and recommendations taken during this summit?

• Could you explicitly tell us about the challenges faced since the establishment of the ACP group of states that led member countries to revise the Agreement?

Answer.

1. The resolutions and recommendations taken during this summit are:
2. change of name to Organization of African, Caribbean and Pacific States (OACPS);
3. broadening the themes to encompass global issues and challenges such as environment and climate change, peace and security;
4. establishment of a dispute resolution mechanism;
5. he inclusion of a Trust and Endowment Fund and the establishment of an Audit and Budget Committee in the financial arrangements.

• The challenges taken up since the establishment of the group of ACP States which have led member countries to revise the Agreement are as follows:
• exclusivity of partnership,
• the environment;
• climate change;
• peace and security;
• gender issues and private sector development.

Question 3

The preamble to the said agreement reveals that Burundi has been one of the founding members of the ACP since its creation in June 1975 and that this agreement aimed to ensure sustainable development as well as the reduction of poverty in these States.

Your Excellency Minister,

1. What is the level of progress of the activities of this group of African, Caribbean and Pacific States in relation to the objectives pursued by the organization?

• Could you tell us about the current state of economic and commercial cooperation between these States?

• What are the positive contributions towards Burundi in the sustainable development of the country since 1975, date of the Georgetown agreement?

Answer.

1. The ACP Group was established in 1975 by the Georgetown Agreement with the aim of strengthening solidarity between African, Caribbean and Pacific Member States and, ultimately, to promote the economic transformation of these countries while promoting their beneficial insertion into the global trading system. Since then, the Group has expanded and now has 80 countries, compared to 46 at the start, and the European Union is its main development partner.

• The ACP-EU partnership is based on a North-South agreement relies on three complementary pillars, namely development cooperation, economic partnership and political dialogue.

Based on the challenges observed since its creation, the ACP States have taken measures to address them, including:

• the promotion of dialogue and collaboration between OACPS governments, regional integration institutions and the private sector at the national, regional and continental levels within and between the 6 OACPS regions;

• Contributing to the formulation and implementation of private sector development policies, inter alia, in the areas of value chain development, enterprise finance, policy/investment climate reforms and corporate governance regional investment, trade, access to finance and harmonization of industrial policies; and

• Promoting knowledge sharing and dissemination of information on private sector development issues, including the exchange of best practices between and within the 6 OACPS regions namely East Africa, West Africa, Central Africa, Southern Africa, the Caribbean and the Pacific.

• The positive contributions towards Burundi in the sustainable development of the country since 1975 date of the Georgetown agreement. As a reminder, the Georgetown Agreement was a constitution that united the ACP States and the EU through the Cotonou Agreement in order to be able to benefit from EU funding via the EDF. Thanks to this economic-diplomatic relationship, the EU is Burundi’s second largest economic partner after the World Bank. Following these benefits of Burundi, it is rather important that Burundi reinforces this synergy of the Member States of the OACPS and, simultaneously, the Burundi-EU cooperation.

Question 4

The ACP group of states had entered into economic partnership agreements with the European Union only. The new constitutive act transforming the ACP into an OACPS grants it the prerogatives to sign partnership agreements with other partners. By principle of national sovereignty, each member country of the OACPS has the power to enter into partnership agreements with other nations or international organizations.

Your Excellency Minister,

Do not find that there could be a risk of collision between the bilateral agreements of a member country of the OACPS with another nation or international organization and the partnership agreements made between the OACPS and the other partners?

Answer

The OACPS countries are solidarity bound by the revised Georgetown Accord with their common partners. However, each State remains sovereign. Thus, bilateral relations (diplomatic, political, commercial, cultural or other) engage only the two parties according to their reciprocal interests. Concretely, in view of the above, there can therefore be no collision between a third State and the OACPS.

Question 5

During the Nairobi Summit held on December 10, 2019, ACP member countries decided to revise the Georgetown Agreement and transform the ACP into an international organization called the “Organization of African, Caribbean and Pacific States ( OACPS)” to enable the OACPS to enter into partnership agreements with partners other than those of the European Union.

Your Excellency Minister,

1. Does this mean that before this revision the ACP countries were not authorized to enter into agreements with countries other than those of the European Union?

• Could you tell us about the new partners of the Organization after this resolution?

Answer

1. By its very name (ACP-EEC) at its creation, the countries of the ACP group could only bind relations of any kind with the European Economic Community which evolved into the European Union. Even at this stage, the obligations between the ACP and the EU have not changed. Only the European Development Fund (EDF) was the only tool for financing ACP projects by the EU. Today with the revised Georgetown Accord, things have practically changed.

• The new partners of the Organization after this resolution are: India, the United Kingdom, and Indonesia. Others may be added later.  

CONCLUSION

The revised Georgetown Accord aims to address the challenges of development in all its dimensions, including environment, climate change, peace, security, gender equality and private sector development.

Also, the Member States are resolved to consolidate and strengthen the solidarity and unity of the OACPS and to take into account regional specificities in the implementation of the objectives of the organization in question.

For all these reasons, the Standing Committee in charge of political, diplomatic, defense and security issues, which first of all endorses the amendments of the National Assembly, asks the plenary assembly of the Senate to adopt this bill as presented.