• General Background[1]: The EU has signed and renewed several development aid agreements with ACP (African, Caribbean and Pacific) countries since the creation of the European Economic Community. The first agreements were Yaoundé I and II, in 1963 and 1969 respectively. They were followed by the Lomé Convention (1975), which establishes the principles and objectives of the EU cooperation with ACP countries. Its main characteristics are: the partnership principle, the contractual nature of the relationship, and the combination of aid, trade and political aspects, together with its long-term perspectives. The Lomé Convention was renewed 4 times, each had duration of 5 years for Lomé I, II and III and 10 years for Lomé IV, each one added some benefits and more countries. Lomé IV put great emphasis on the promotion of human rights, as well as on other issues like democracy and good governance, strengthening of the position of women, the protection of the environment, decentralized cooperation, diversification of ACP economies, the promotion of the private sector and increasing regional cooperation. In its mid-term review the respect for human rights, democratic principles and the rule of law became essential elements up to the point that if the countries did not fulfill these criteria the aid funds could be retrieved. After Lomé Conventions and in the beginning of the new century was created the Cotonou Agreement, signed in 2000, entered into force 2003, and has been revised in 2005 & 2010. The Cotonou Agreement was concluded for a twenty-year period and adapted the ACP-EU cooperation to new challenges like climate change, food security, regional integration, State fragility, and aid effectiveness. Its main instrument is the European Development Fund (EDF), which is funded by the EU Member States. It is based on three complimentary pillars -development cooperation, economic and trade cooperation, and the political dimension- and places aid effectiveness as one of its fundamental principles.

• Nigeria joined the EU-ACP development aid agreements when Lomé I was signed in 1975.

• There have been 24 decisions on Nigeria issued by the European Parliament or the Council of the European Union (EU) since March 6, 1995. The concerns started with the actions taken by the Nigerian military regime which took power in a military coup in 1993, these actions included disregarding the results of elections, arresting of opposition leaders, dissolving governing bodies of trade unions, suspending fundamental political freedoms like freedom of speech and freedom of press, extrajudicial executions and detentions in Ogoniland, trials and imprisonment of opposition leaders and pacifist leader. The most relevant Common Positions from the Council, including the one that is the main objective of this report, are summarized in the following list:

• Nov. 20, 1995 – Common Position defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Nigeria (95/515/CFSP): The EU condemns the human rights abuses showed in the execution of certain citizens and those perpetrated by the military regime, including capital punishment and harsh prison sentences, implemented after flawed judicial process and without granting the possibility of recourse to a higher court. The Council reaffirms measures adopted in 1993 and introduces additional measures. It suspends all development cooperation in terms of the Lomé Convention except for certain projects and programmes.
• Dec. 4, 1995 – Common Position defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Nigeria (95/544/CFSP): In addition to the measures adopted in Common Position from Nov. 1995, the EU imposes additional measures on restriction on issuance of visas, expulsion of all military personnel attached to diplomatic representations of Nigeria in EU member states, and interruption of all contacts in the field of sports by denying visas. This Common Position requires Nigeria to take specific steps towards an early transition to democracy, and to ensure full respect of human rights and the rule of law.
• Oct. 30, 1998 – Common Position defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning Nigeria (98/614/CFSP): The EU acknowledges progress that has been done by Nigeria and decides to modify the measures adopted in 1995 in light of the situation at this moment. Common Position 05/515/CFSP is repealed. In this new Common Position some measures continued and limited development cooperation was in place. The Council decided should there be any deterioration in the respect for human rights or the democratic processes in Nigeria, the Council shall immediately review the Common Position with a view to adopting additional measures.
• May 17, 1999 – Council Decision repealing Common Position 98/614/CFSP (1999/347/CFSP): Repeals the Common Position because a civilian democratically elected President will take office and a civilian government will be formed. The conditions set by the Council on Oct. 30, 1998 for the lifting of the remaining sanction will thus have been fulfilled.
• May 14, 2001 – Council Common Position on Nigeria (2001/373/CFSP): The EU declares its purpose of supporting Nigeria in its efforts to consolidate democracy and advance socio-economic development. The areas of support declared are: democratic culture, institutional capacity-building, poverty reduction strategy paper process, economic growth and development, strengthening Nigerian capacity to contribute to regional integration, conflict prevention and resolution and crisis management in West Africa. The EU shall maintain a close and regular political dialogue with Nigeria.

• After the last Common Position, the European Parliament issued another four Resolutions. Starting with the European Parliament Resolution of 17 March 2007 on Nigeria, in which the European Parliament acknowledges the efforts done by the Nigerian government but calls for its action on a number of urgent and basic human rights issues that remain to be addressed, as well as issues of corruption, arbitrary arrests, torture, extrajudicial killings and political violence. The Parliament highlights that trials do not conform to international standards, problems of impunity continue, insufficient capacity and lack of resources of the Nigerian police force, police and security forces often implicated in human rights violations, child labour and child trafficking, and there is limited freedom of expression.  Proposed bill on prohibition of same sex marriage and national elections in 1999 and 2003 tainted with widespread fraud and violence. The European Parliament calls on the Nigerian Government to take actions against the human rights violations and situations that are going on in the country described in this resolution. The next three resolutions are on the elections (24 May 2007), on the death penalty (20 November 2008), and on the mass atrocities in Jos (6 May 2010). In these resolutions, the European Parliament condemns the actions or the lack of action from the Nigerian government and called the federal government of Nigeria to take the necessary steps to solve these situations.

Issues:

Specific Issues for Attention

The EU suspended development cooperation to Nigeria in 1995. In 1999, because of the change in government and the democratic elections, the suspension was repealed. The EU offered its full support in 2001 and after that the European Parliament has issued four resolutions to call the attention of the federal government to the human rights violation situations that have happened in Nigeria but has not taken any other action to suspend trade or development cooperation.

Substantive Practice Issues(Dyads)

Trade                                                    Human Rights

Trade systems                          Food Security

Transparency                             Labor Rights

Subsidies                                  Housing Rights

Subsidies                                  Health and Environment Rights

IPR                                           Health Rights

Trade Rights                              Gender Rights

Corporate Governance               Corporate Social                                                                                   Responsibility

Finance Reform                                     Poverty                                                                                                             Alleviation

Trade Systems                         Human Rights

Procedural Practice Issues

Jurisdiction: Council of the European Union

Standing: Article J.2[2] of the Treaty on European Union.

Evidence:

Decision:

The European Union reaffirms measures adopted in 1993, introduces additional measures, and suspends all development cooperation but for certain projects and programmes in support of human rights and democracy as well as those concentrating on poverty alleviation and, in particular, the provision of basic needs for the poorest section of the population, in the context of decentralized cooperation through local civilian authorities and non-governmental organizations.

Enforcement:

The measures entered into force on November 20, 1995.

Decision:

• The European Union reaffirms measures adopted in 1993, introduces additional measures, and suspends all development cooperation but for certain projects and programmes in support of human rights and democracy as well as those concentrating on poverty alleviation and, in particular, the provision of basic needs for the poorest section of the population, in the context of decentralized cooperation through local civilian authorities and non-governmental organizations.

Reason:

• The European Union condemned the execution, on 10 November, of Mr. Ken Saro-Wiwa and his eight co-defendants. This constituted a clear failure by Nigeria to honour its commitment to human rights, as it stems from a number of international instruments to which Nigeria is a party.
• The European Union also condemned the human rights abuses perpetrated by the military regime, including capital punishment and harsh prison sentences, implemented after flawed judicial process and without granting the possibility of recourse to a higher court.
• Finally, the European Union recalled its deep concern at the annulment in June 1993 of elections that were considered free and fair and the subsequent installation of a new military dictatorship.

Performance:

• In October 1998 the European Union acknowledges the progress that has been done by Nigeria and decides to modify the measures adopted in 1995 in light of the situation at that moment and CP 95/515/CFSP is repealed. In this new Common Position (98/614/CFSP) some measures continued and limited development cooperation was in place. The Council decided should there be any deterioration in the respect for human rights or the democratic processes in Nigeria, the Council shall immediately review the Common Position with a view to adopting additional measures.
• After the Common Position from 1998, there has not been any other suspension of development cooperation, but there have been four resolutions from the European Parliament calling the attention of the federal government of Nigeria to the human rights violation situations that have happened in Nigeria, but there has not been any other suspension of development cooperation among the countries.