DECLARATION BY THE ACP MEMBERS

FOLLOWING THE CANCELLATION

OF THE 5TH SESSION OF THE ACP-EU

JOINT PARLIAMENTARY ASSEMBLY

1 - The ACP members of the ACP-EU Joint Parliamentary Assembly, meeting in Brussels to participate in the 5^th session of the JPA, note and deplore that the European side has created a situation which has compromised the holding of that session, scheduled for 25 to 28 November 2002, at the European Parliament.

2 - They were informed, at 18:06 on Friday 22^nd instant, of the European Parliament’s decision to bar two members of the Zimbabwe delegation from access to its premises, without prior consultation or an opinion of the joint organs of the Joint Parliamentary Assembly, even though these delegates were in possession of regular entry visas for Belgium.

3 - Furthermore, they have noted that, contrary to the provisions of Article 17 of the Cotonou Agreement, the effect of this decision is to call into question the composition of a delegation designated in all sovereignty by the national parliament of an ACP country.

4 - The ACP members stress that the Cotonou Agreement confers privileges and immunities on members of the JPA and that the very EU “Council Common position concerning restrictive measures against Zimbabwe” provides for a derogation for persons “attending meetings of international bodies or conducting political dialogue that promote democracy, human rights and the rule of law in Zimbabwe.”

5 - Howbeit, this analysis by the ACP countries is identical in all respects to that made by the Belgian Minster of Foreign Affairs in his letter of 15 November 2002 to the President of the European Parliament regarding the issue, by Belgium, of entry visas to the two members of the Zimbabwe delegation concerned.

6 - The ACP members further point out that the functioning of the JPA cannot be compromised by a decision emanating from a third-party organization since, in accordance with its own rules of procedure, the JPA has the exclusive prerogative of deciding on participation in its activities.

7 - The ACP members therefore aver that the European Parliament’s decision has no legal basis.

8 - The ACP members would thus like to point out that their position cannot be construed in any way as providing political support for an ACP Government, and insist rather that this is exclusively a matter of the respect of the essential principles which preserve the parliamentary, joint, and democratic nature of the JPA, which is a key institution in the implementation of the ACP-EU partnership enshrined in the Cotonou Agreement.

9 - Despite this unacceptable position of the European Parliament, the ACP members, in their desire for compromise, strove for a long time to find a solution by inviting the European members of the JPA, hosts of the 5^th session, to seek a solution, including the selection of another venue, that would make it possible to hold the Assembly with the participation of all the members.

10- This desire to find a satisfactory compromise came against a categorical refusal by the European side, which expressed no desire to find a solution other than to ask the ACP members to align themselves with the European Parliament’s decision.

11- Placed in such a predicament, created by the European Parliament, the ACP members have realized that it is impossible to hold the 5^th session of the JPA.

12- The ACP members would like to affirm their resolute attachment to an ACP-EU Joint Parliamentary Assembly, governed by common rules and principles, the respect of which constitutes a safeguard of a true ACP-EU partnership, and remain open to engage a frank and unconditional debate on all issues relating to the situation in Zimbabwe.

Done at Brussels, 25 November 2002