Trade Negotiations Insights • Volume 7 • Number 6 • July 2008

What if politics finally got involved with world affairs? The Taubira report on EPAs

by Nicolas Mombrial1

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A report which “does not mince its words” and puts Europe in the dock

On April 9 2008 Christiane Taubira, a left-wing member of the French National Assembly, was asked by French President Nicolas Sarkozy to examine ways of relaunching the Economic Partnership Agreements (EPAs) between the European Union and the African, Caribbean and Pacific (ACP) countries and to help clarify the French position during its Presidency of the Council of the European Union (FPEU). The President’s letter of appointment specifically requested Taubira to look at how to restore confidence between the partners, what leverage is available to help the EU encourage ACP countries to negotiate and conclude comprehensive regional EPAs and how to ensure that these agreements support current trends towards regional integration.

After two months of work and wide consultation, Taubira submitted her report on June 15.2 Although the report is available on the internet, the French government has yet to publish it officially, despite the letter of thanks from Sarkozy which appeared at the beginning of July. After reading this report, one can understand why there are rumours that it has been an embarrassment to the FPEU and why the FPEU appears unsure of how to proceed. In fact, as Taubira herself says, this report “does not mince its words” and “it puts a particular vision of the world on trial,” a vision which is the European Commission’s current position. Although the approach Taubira supports is one shared by many, it goes against the customary views of the French government, its European partners and many negotiators. Indeed, it would be difficult for the FPEU to defend, given that it is already preoccupied with energy and institutional issues and will certainly be reluctant to venture into such a minefield.

A political rather than a technical report

The Taubira report, which has a political edge rather than being simply a technical document, actually takes up a number of the criticisms and points made by those opposed to EPAs. It argues for a return to basics, the adoption of a completely new approach to EPAs and renegotiation so as to reach agreements which would be more conducive to development. It is thus opposed to the Commission’s position, which is to continue negotiating within the current parameters in order to reach agreements that will promote development through measures such as Aid for Trade. This report goes beyond a mere analysis of the EPAs, it also reflects the malaise currently afflicting the EPA negotiations. Occasionally going beyond her brief to cover issues such as food security and debt cancellation, Taubira has in fact turned a report which was intended to concentrate solely on EPAs into a call for a new paradigm in relations between the EU and developing countries.

Thirteen recommendations for changing the rules of the game

After a lengthy historical, geopolitical and contextual analysis of relations between the EU and ACP, Taubira makes a set of 13 recommendations, some of which will not be readily entertained by the FPEU.

In order to turn EPAs into agreements for promoting development and regional integration, Taubira proposes a complete redefinition of the Commission’s mandate. She suggests turning the clock back to look at the many sectors that are well on the way to being liberalised, in order to ensure that development is at the heart of the EPAs. She also proposes inviting regional communities to carry out an evaluation of the effects of the Lomé Conventions (particularly on non-reciprocity) over the next three months, and to contrast this with the principle of the Cotonou Agreement that “no ACP state should find itself worse off than its present situation”. Based on this evaluation, there should be clarification of the possibility to sign up for GSP+, which is open to those ACP countries not involved in EPAs. There should also be an analysis of how the mandate for regional integration contained in Article 35.2 of the Cotonou Agreement has been implemented, to ascertain whether EPAs can promote regional integration rather than impede it as at present. Finally, there should be joint monitoring of how EPAs operate.

In order to restore confidence, Taubira suggests returning to the Cancun 2003 discussion of the so-called Singapore issues and drawing up a timetable without actually writing them into the EPA itself; formulating a joint and equal definition of development and the processes which may contribute to it; obtaining an expert legal opinion on GATT Article XXIV and the enabling clause; reiterating that there is no link between signing an EPA and obtaining access to the European Development Fund (EDF); and, rather than refusing any conditionality, agreeing to the broad lines on which mutual conditionality might operate.

In order to relaunch the process, Taubira proposes calling an international symposium on the ACP after the next Europe-Africa summit, in order to discuss the future EU-ACP relationship, its weighting in diplomatic terms and its relevance - or lack of it - in a globalised world. An EU conference examining the levels of commitment from member states to Aid for Trade could also be held concurrently.

Sarkozy’s letter sheds little light on the future of the report

After two long weeks of silence, the French President acknowledged receipt of the report in a letter dated July 1 2008.3 While Sarkozy states that he fully agrees with some of Taubira’s positions - such as the need to clarify that development is a key aim of the EPAs - and although he reiterated the need for flexibility, Sarkozy says nothing about the report’s more divisive recommendations, such as the need to rethink the Commission’s mandate or the need to cancel ACP debt. The letter has the merit of officially acknowledging receipt of the Taubira report and of recognising its contribution to the debate, but it sheds very little light on the report’s future or on the reasons why it has not been officially published. Although it is unlikely that the report’s recommendations will be adopted by the FPEU, due to its call for a complete rethinking of the current European approach to EPAs, it does at least contribute to the ideological discussion on the nature of the agreements and renews the debate over how to develop economic cooperation with Africa.

1 Nicolas Mombrial is a research assistant with the economic and trade cooperation team at ECDPM.

2 This report is available at: www.acp-eu-trade.org

3 The letter is available on Taubira’s website:

www.christiane-taubira.org/cms/uploads/Lettre%20PR%20%C3%A0%20Taubira%20-%20APE.pdf