Complaints
Mechanism and Annual Report
152. A further means whereby the proceedings of the
joint institutions might be enhanced is through the establishment
of a Lomé complaints mechanism. Mr Robinson from Christian
Aid suggested an ombudsman procedure attached to the Joint Assembly
"so that complaints could be heard both from ACP countries
and from groups with interests within Europe".[265]
Complaints would concern cases of incoherence, in other words
aspects of either EU or an ACP country's policy which were not
consistent with the Lomé Convention. The complaints procedure
might also be linked with an annual report from the Commission.
Mr Robinson told the Committee that it had been agreed under the
Dutch Presidency that there should be an annual report by the
Commission to the Council and European Parliament on cases of
incoherence. He hoped it might develop into a single annual report
on all aspects of European development cooperation.[266]
The Commission was proposing annual reviews. Mr Robinson accepted
that "more regular monitoring of progress within the Convention
would be good, provided that it is in the spirit of partnership
and that there is some review not just of recipient performance
... but some review of donor progress as well in meeting the anti-poverty
and other targets that the European Union as the donor is setting".[267]
153. The recommendation of an annual report was also
made by others. CIIR recommended an annual report on the progress
of the post-Lomé IV Convention "with a focus on the
degree to which trade and investment policy is contributing towards
equitable and sustainable development. Eradication of poverty,
technology transfer and diversification away from primary commodities,
as well as a review of the success of targeted aid/trade packages".[268]
CAFOD's memorandum states that "The EU and ACP governments
should be obliged to publish annual reports on the Convention's
implementation, and the Convention should include a complaints
procedure for those individuals adversely affected by its provisions".[269]
Mr Maxwell considered that genuine partnership in the Lomé
Convention meant that perhaps there might be "some role for
the institutions of the ACP to act as an intermediary in deciding
whether the terms of the contract have been met or not".[270]
Mr Batt was not sure about "a formal complaints procedure"
for cases of policy incoherence. He thought it best "to create
a mechanisms and procedures dialogue at all levels throughout
the system which captures the implications for developing countries
of wider policies".[271]
154. In the present unfortunately fragmented state
of EU development policy it will no doubt be best to have an annual
report dedicated to initiatives and progress specifically within
the framework of the Lomé Convention. We recommend that
there be an Annual Report on the operation of the Lomé
Convention. We consider this a vital way to ensure there is
constant monitoring of Lomé performance against targets,
including intermediate DAC-related targets. The report should
include trade and poverty-related statistics, measurement of performance
against targets, and cases of incoherence brought to light in
EU and ACP countries' policy. Thought should be given to the incorporation
of an independent element in the drafting of the report. We
recommend that the Annual Report be presented for debate to the
ACP-EU Council and to the Joint Assembly, and to the parliaments
of the member states. The joint institutions and member state
parliaments will be strengthened in their consideration of Lomé
issues by such an analysis.
155. The deliberations of the joint institutions
would be further enhanced by some form of complaints procedure.
This would bring an important link between what are at present
rather remote bodies and the ordinary people affected by the Convention.
Given that many of the issues complained of may be policy matters
such as, for example, questions of human rights abuses or trade
policy incoherence, it might not be suitable to have an ombudsman
as the complaints mechanism. The ombudsman is more usually used
to investigate cases of maladministration. It might instead be
better to have a joint ACP-EU Petitions Committee to hear complaints
and prepare a report for the Council or Joint Assembly with recommendation
in certain cases of further examination or debate. Whatever solution
is chosen, we recommend that a complaints procedure be established
for any persons or bodies who consider that the principles and
terms of the Lomé Convention have been breached.
156. The Maastricht Treaty committed the EU to policy
consistency, "The Community shall take account of the objectives
referred to in Article 130u [the EU's development objectives]
in the policies that it implements which are likely to affect
developing countries".[272]
We have already discussed one example of policy incoherence in
the Commission's proposals for CAP reform and the failure to take
adequate account of the effects of such reform on developing countries.
One other instance should be mentioned briefly. Mr Adrian Hewitt
from the Overseas Development Institute brought the attention
of the Committee to the implications for ACP franc zone countries
of the introduction of a single European currency.[273]
He was concerned that the effect of the single currency might
be to disrupt trade and development in these countries and their
neighbours. His memorandum was designed to encourage consideration
of this matter. This is a technical issue but clearly one which
should be thoroughly examined. We recommend that, whilst President
of the EU, the United Kingdom Government initiate an analysis
of the developmental consequences of a single European currency
for sub-Saharan Africa.
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