22000A1215(01)

22000A1215(01) 22000A1215(01) 2000/483/EC: Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 - Protocols - Final Act - Declarations Official Journal L 317 , 15/12/2000 P. 0003 - 0353  Dates: of document:   23/06/2000 of effect:   01/04/2003; Entry into force See Art 93.3 And OJ L 83/2003 P. 69 of effect:   02/08/2000; Provisional application See 22000D0801(01) of signature:   23/06/2000; COTONOU end of validity:   01/03/2020; See Art. 95.1 Author: European Community ; ACP ; Federal Republic of Germany ; Denmark ; Spain ; France ; Greece ; Italy ; Ireland ; Luxembourg ; United Kingdom ; Portugal ; Sweden ; Austria ; Finland ; Belgium ; Netherlands ; The 15 Member States Subject matter: External relations ; African Caribbean and Pacific States ; Development cooperation ; Commercial policy ; Human rights ; European Investment Bank ; European Development Fund Directory code: 11403000 EUROVOC descriptor: development policy ; EC transitional period ; ACP countries ; cooperation agreement Legal basis: 197E...................... Adoption Instruments cited: 275A0228(01).............. 294A1223(01).............. 294A1223(05).............. 294A1223(07).............. 294A1223(16).............. 294A1223(17).............. Amendment to: 200D0801(01)...... Relation...... Amended by: Relation...... 200D0801(01)...... Partial provisional application from 02/08/2000 Derogated in.. 200D1028(01)...... Derogation PROT 1 ANN 2 till 30/09/2002 Relation...... 400A1215(02)...... Derogated in.. 201D0350.......... Derogation ANN2PROT1ANN5 till 28/02/2006 Derogated in.. 201D0351.......... Derogation ANN2PROT1ANN5 till 31/03/2006 Derogated in.. 201D0409.......... Derogation ANN5PROT1ANN2 till 31/03/2006 Relation...... 201D0533.......... Derogated in.. 201D0902.......... Derogation ANN 5 PROT 1 ANN 2 from 01/10/2001 Derogated in.. 202D0891.......... Derogation PROT 1 ANN 2 from 01/10/2002 Amended by.... 203D0404.......... Amendment ANN 6 from DATEFF Adopted by.... 303D0159.......... Amended by.... 204D0647.......... Replacement ANN 2 ART 9.1 from 30/06/2004 Subsequent related instruments: Relation...... 202D0911.......... Relation...... 502AP0013......... Relation...... 203X0401(01)...... Annex to Decision No 1/2000 of the ACP-EC Council of Ministers of 27 July 2000 on transitional measures valid from 2 august 2000 until the entry into force of the ACP-EC Partnership Agreement(1) (1) OJ L 195, 1.8.2000, p. 46. Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 TABLE OF CONTENTS >TABLE POSITION> PREAMBLE HAVING REGARD TO the Treaty establishing the European Community, on the one hand, and the Georgetown Agreement establishing the Group of African, Caribbean and Pacific States (ACP), on the other; AFFIRMING their commitment to work together towards the achievement of the objectives of poverty eradication, sustainable development and the gradual integration of the ACP countries into the world economy; ASSERTING their resolve to make, through their cooperation, a significant contribution to the economic, social and cultural development of the ACP States and to the greater well-being of their population, helping them facing the challenges of globalisation and strengthening the ACP-EU Partnership in the effort to give the process of globalisation a stronger social dimension; REAFFIRMING their willingness to revitalise their special relationship and to implement a comprehensive and integrated approach for a strengthened partnership based on political dialogue, development cooperation and economic and trade relations; ACKNOWLEDGING that a political environment guaranteeing peace, security and stability, respect for human rights, democratic principles and the rule of law, and good governance is part and parcel of long term development; acknowledging that responsibility for establishing such an environment rests primarily with the countries concerned; ACKNOWLEDGING that sound and sustainable economic policies are prerequisites for development; REFERRING to the principles of the Charter of the United Nations, and recalling the Universal Declaration of Human Rights, the conclusions of the 1993 Vienna Conference on Human Rights, the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination against Women, the International Convention on the Elimination of all forms of Racial Discrimination, the 1949 Geneva Conventions and the other instruments of international humanitarian law, the 1954 Convention relating to the status of stateless persons, the 1951 Geneva Convention relating to the Status of Refugees and the 1967 New York Protocol relating to the Status of Refugees; CONSIDERING the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe, the African Charter on Human and Peoples' Rights and the American Convention on Human Rights as positive regional contributions to the respect of human rights in the European Union and in the ACP States; RECALLING the Libreville and Santo Domingo declarations of the Heads of State and Government of the ACP countries at their Summits in 1997 and 1999; CONSIDERING that the development targets and principles agreed in United Nations Conferences and the target, set by the OECD Development Assistance Committee, to reduce by one half the proportion of people living in extreme poverty by the year 2015 provide a clear vision and must underpin ACP-EU cooperation within this Agreement; PAYING particular attention to the pledges made at the Rio, Vienna, Cairo, Copenhagen, Beijing, Istanbul and Rome UN conferences and acknowledging the need for further action to be taken in order to achieve the goals and implement the action programmes which have been drawn up in those fora; ANXIOUS to respect basic labour rights, taking account of the principles laid down in the relevant conventions of the International Labour Organisation; RECALLING the commitments within the framework of the World Trade Organisation, HAVE DECIDED TO CONCLUDE THIS AGREEMENT: PART 1 GENERAL PROVISIONS TITLE I OBJECTIVES, PRINCIPLES AND ACTORS CHAPTER 1 Objectives and principles Article 1 Objectives of the partnership The Community and its Member States, of the one part, and the ACP States, of the other part, hereinafter referred to as the "Parties" hereby conclude this Agreement in order to promote and expedite the economic, cultural and social development of the ACP States, with a view to contributing to peace and security and to promoting a stable and democratic political environment. The partnership shall be centred on the objective of reducing and eventually eradicating poverty consistent with the objectives of sustainable development and the gradual integration of the ACP countries into the world economy. These objectives and the Parties' international commitments shall inform all development strategies and shall be tackled through an integrated approach taking account at the same time of the political, economic, social, cultural and environmental aspects of development. The partnership shall provide a coherent support framework for the development strategies adopted by each ACP State. Sustained economic growth, developing the private sector, increasing employment and improving access to productive resources shall all be part of this framework. Support shall be given to the respect of the rights of the individual and meeting basic needs, the promotion of social development and the conditions for an equitable distribution of the fruits of growth. Regional and sub-regional integration processes which foster the integration of the ACP countries into the world economy in terms of trade and private investment shall be encouraged and supported. Building the capacity of the actors in development and improving the institutional framework necessary for social cohesion, for the functioning of a democratic society and market economy, and for the emergence of an active and organised civil society shall be integral to the approach. Systematic account shall be taken of the situation of women and gender issues in all areas - political, economic and social. The principles of sustainable management of natural resources and the environment shall be applied and integrated at every level of the partnership. Article 2 Fundamental principles ACP-EC cooperation, underpinned by a legally binding system and the existence of joint institutions, shall be exercised on the basis of the following fundamental principles: - equality of the partners and ownership of the development strategies: for the purposes of implementing the objectives of the partnership, the ACP States shall determine the development strategies for their economies and societies in all sovereignty and with due regard for the essential elements described in Article 9; the partnership shall encourage ownership of the development strategies by the countries and populations concerned; - participation: apart from central government as the main partner, the partnership shall be open to different kinds of other actors in order to encourage the integration of all sections of society, including the private sector and civil society organisations, into the mainstream of political, economic and social life; - the pivotal role of dialogue and the fulfilment of mutual obligations: the obligations assumed by the Parties in the framework of their dialogue shall be central to their partnership and cooperation relations; - differentiation and regionalisation: cooperation arrangements and priorities shall vary according to a partner's level of development, its needs, its performance and its long-term development strategy. Particular emphasis shall be placed on the regional dimension. Special treatment shall be given to the least-developed countries. The vulnerability of landlocked and island countries shall be taken into account. Article 3 Achievement of this Agreement's objectives The Parties shall, each as far as it is concerned in the framework of this Agreement, take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Agreement and to facilitate the attainment of the objectives thereof. They shall refrain from any measures liable to jeopardise these objectives. CHAPTER 2 The actors of the partnership Article 4 General approach The ACP States shall determine the development principles, strategies and models of their economies and societies in all sovereignty. They shall establish, with the Community, the cooperation programmes provided for under this Agreement. However, the parties recognise the complementary role of and potential for contributions by non-State actors to the development process. To this end, under the conditions laid down in this Agreement, non-State actors shall, where appropriate: - be informed and involved in consultation on cooperation policies and strategies, on priorities for cooperation especially in areas that concern or directly affect them, and on the political dialogue; - be provided with financial resources, under the conditions laid down in this Agreement in order to support local development processes; - be involved in the implementation of cooperation project and programmes in areas that concern them or where these actors have a comparative advantage; - be provided with capacity-building support in critical areas in order to reinforce the capabilities of these actors, particularly as regards organisation and representation, and the establishment of consultation mechanisms including channels of communication and dialogue, and to promote strategic alliances. Article 5 Information Cooperation will support operation to provide more information and create greater awareness of the basic features of ACP-EU Partnership. Cooperation will also: - encourage partnership and build links between ACP and EU actors; - strengthen networking and exchange of expertise and experience among the actors. Article 6 Definitions 1. The actors of cooperation will include: (a) State (local, national and regional); (b) Non-State: - Private sector; - Economic and social partners, including trade union organisations; - Civil Society in all its forms according to national characteristics. 2. Recognition by the parties of non-governmental actors shall depend on the extent to which they address the needs of the population, on their specific competencies and whether they are organised and managed democratically and transparently. Article 7 Capacity building The contribution of civil society to development can be enhanced by strengthening community organisations and non-profit non-governmental organisations in all spheres of cooperation. This will require: - encouraging and supporting the creation and development of such organisations; - establishing arrangements for involving such organisations in the design, implementation and evaluation of development strategies and programmes. TITLE II THE POLITICAL DIMENSION Article 8 Political dialogue 1. The Parties shall regularly engage in a comprehensive, balanced and deep political dialogue leading to commitments on both sides. 2. The objective of this dialogue shall be to exchange information, to foster mutual understanding, and to facilitate the establishment of agreed priorities and shared agendas, in particular by recognising existing links between the different aspects of the relations between the Parties and the various areas of cooperation as laid down in this Agreement. The dialogue shall facilitate consultations between the Parties within international fora. The objectives of the dialogue shall also include preventing situations arising in which one Party might deem it necessary to have recourse to the non-execution clause. 3. The dialogue shall cover all the aims and objectives laid down in this Agreement as well as all questions of common, general, regional or sub-regional interest. Through dialogue, the Parties shall contribute to peace, security and stability and promote a stable and democratic political environment. It shall encompass cooperation strategies as well as global and sectoral policies, including environment, gender, migration and questions related to the cultural heritage. 4. The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment of the objectives of this Agreement, such as the arms trade, excessive military expenditure, drugs and organised crime, or ethnic, religious or racial discrimination. The dialogue shall also encompass a regular assessment of the developments concerning the respect for human rights, democratic principles, the rule of law and good governance. 5. Broadly based policies to promote peace and to prevent, manage and resolve violent conflicts shall play a prominent role in this dialogue, as shall the need to take full account of the objective of peace and democratic stability in the definition of priority areas of cooperation. 6. The dialogue shall be conducted in a flexible manner. Dialogue shall be formal or informal according to the need, and conducted within and outside the institutional framework, in the appropriate format, and at the appropriate level including regional, sub-regional or national level. 7. Regional and sub-regional organisations as well as representatives of civil society organisations shall be associated with this dialogue. Article 9 Essential Elements and Fundamental Element 1. Cooperation shall be directed towards sustainable development centred on the human person, who is the main protagonist and beneficiary of development; this entails respect for and promotion of all human rights. Respect for all human rights and fundamental freedoms, including respect for fundamental social rights, democracy based on the rule of law and transparent and accountable governance are an integral part of sustainable development. 2. The Parties refer to their international obligations and commitments concerning respect for human rights. They reiterate their deep attachment to human dignity and human rights, which are legitimate aspirations of individuals and peoples. Human rights are universal, indivisible and inter-related. The Parties undertake to promote and protect all fundamental freedoms and human rights, be they civil and political, or economic, social and cultural. In this context, the Parties reaffirm the equality of men and women. The Parties reaffirm that democratisation, development and the protection of fundamental freedoms and human rights are interrelated and mutually reinforcing. Democratic principles are universally recognised principles underpinning the organisation of the State to ensure the legitimacy of its authority, the legality of its actions reflected in its constitutional, legislative and regulatory system, and the existence of participatory mechanisms. On the basis of universally recognised principles, each country develops its democratic culture. The structure of government and the prerogatives of the different powers shall be founded on rule of law, which shall entail in particular effective and accessible means of legal redress, an independent legal system guaranteeing equality before the law and an executive that is fully subject to the law. Respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU Partnership, shall underpin the domestic and international policies of the Parties and constitute the essential elements of this Agreement. 3. In the context of a political and institutional environment that upholds human rights, democratic principles and the rule of law, good governance is the transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development. It entails clear decision-making procedures at the level of public authorities, transparent and accountable institutions, the primacy of law in the management and distribution of resources and capacity building for elaborating and implementing measures aiming in particular at preventing and combating corruption. Good governance, which underpins the ACP-EU Partnership, shall underpin the domestic and international policies of the Parties and constitute a fundamental element of this Agreement. The Parties agree that only serious cases of corruption, including acts of bribery leading to such corruption, as defined in Article 97 constitute a violation of that element. 4. The Partnership shall actively support the promotion of human rights, processes of democratisation, consolidation of the rule of law, and good governance. These areas will be an important subject for the political dialogue. In the context of this dialogue, the Parties shall attach particular importance to the changes underway and to the continuity of the progress achieved. This regular assessment shall take into account each country's economic, social, cultural and historical context. These areas will also be a focus of support for development strategies. The Community shall provide support for political, institutional and legal reforms and for building the capacity of public and private actors and civil society in the framework of strategies agreed jointly between the State concerned and the Community. Article 10 Other elements of the political environment 1. The Parties consider the following elements as contributing to the maintenance and consolidation of a stable and democratic political environment: - sustainable and equitable development involving, inter alia, access to productive resources, essential services and justice; - greater involvement of an active and organised civil society and the private sector. 2. The Parties recognise that the principles of the market economy, supported by transparent competition rules and sound economic and social policies, contribute to achieving the objectives of the partnership. Article 11 Peace-building policies, conflict prevention and resolution 1. The Parties shall pursue an active, comprehensive and integrated policy of peace-building and conflict prevention and resolution within the framework of the Partnership. This policy shall be based on the principle of ownership. It shall in particular focus on building regional, sub-regional and national capacities, and on preventing violent conflicts at an early stage by addressing their root-causes in a targeted manner, and with an adequate combination of all available instruments. 2. The activities in the field of peace-building, conflict prevention and resolution shall in particular include support for balancing political, economic, social and cultural opportunities among all segments of society, for strengthening the democratic legitimacy and effectiveness of governance, for establishing effective mechanisms for the peaceful conciliation of group interests, for bridging dividing lines among different segments of society as well as support for an active and organised civil society. 3. Relevant activities shall also include, inter alia, support for mediation, negotiation and reconciliation efforts, for effective regional management of shared, scarce natural resources, for demobilisation and reintegration of former combatants into the society, for addressing the problem of child soldiers, as well as for suitable action to set responsible limits to military expenditure and the arms trade, including through support for the promotion and application of agreed standards and codes of conduct. In this context, particular emphasis shall be given to the fight against anti-personnel landmines as well as to addressing an excessive and uncontrolled spread, illegal trafficking and accumulation of small arms and light weapons. 4. In situations of violent conflict the Parties shall take all suitable action to prevent an intensification of violence, to limit its territorial spread, and to facilitate a peaceful settlement of the existing disputes. Particular attention shall be paid to ensuring that financial resources for cooperation are used in accordance with the principles and objectives of the Partnership, and to preventing a diversion of funds for belligerent purposes. 5. In post-conflict situations, the Parties shall take all suitable action to facilitate the return to a non-violent, stable and self-sustainable situation. The Parties shall ensure the creation of the necessary links between emergency measures, rehabilitation and development cooperation. Article 12 Coherence of Community policies and their impact on the implementation of this Agreement Without prejudice to Article 96, where the Community intends, in the exercise of its powers, to take a measure which might affect the interests of the ACP States, as far as this Agreement's objectives are concerned, it shall inform in good time the said States of its intentions. Towards this end, the Commission shall communicate simultaneously to the Secretariat of the ACP States its proposal for such measures. Where necessary, a request for information may also take place on the initiative of the ACP States. At their request, consultations shall be held promptly so that account may be taken of their concerns as to the impact of those measures before any final decision is made. After such consultations have taken place, the ACP States may, in addition, transmit their concerns in writing to the Community as soon as possible and submit suggestions for amendments indicating the way their concerns should be met. If the Community does not accede to the ACP States' submissions, it shall advise them as soon as possible giving its reasons. The ACP States shall also be provided with adequate information on the entry into force of such decisions, in advance whenever possible. Article 13 Migration 1. The issue of migration shall be the subject of in-depth dialogue in the framework of the ACP-EU Partnership. The Parties reaffirm their existing obligations and commitments in international law to ensure respect for human rights and to eliminate all forms of discrimination based particularly on origin, sex, race, language and religion. 2. The Parties agree to consider that a partnership implies, with relation to migration, fair treatment of third country nationals who reside legally on their territories, integration policy aiming at granting them rights and obligations comparable to those of their citizens, enhancing non-discrimination in economic, social and cultural life and developing measures against racism and xenophobia. 3. The treatment accorded by each Member State to workers of ACP countries legally employed in its territory, shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals. Further in this regard, each ACP State shall accord comparable non-discriminatory treatment to workers who are nationals of a Member State. 4. The Parties consider that strategies aiming at reducing poverty, improving living and working conditions, creating employment and developing training contribute in the long term to normalising migratory flows. The Parties will take account, in the framework of development strategies and national and regional programming, of structural constraints associated with migratory flows with the purpose of supporting the economic and social development of the regions from which migrants originate and of reducing poverty. The Community shall support, through national and regional Cooperation programmes, the training of ACP nationals in their country of origin, in another ACP country or in a Member State of the European Union. As regards training in a Member State, the Parties shall ensure that such action is geared towards the vocational integration of ACP nationals in their countries of origin. The Parties shall develop cooperation programmes to facilitate the access of students from ACP States to education, in particular through the use of new communication technologies. 5. (a) In the framework of the political dialogue the Council of Ministers shall examine issues arising from illegal immigration with a view to establishing, where appropriate, the means for a prevention policy. (b) In this context the Parties agree in particular to ensure that the rights and dignity of individuals are respected in any procedure initiated to return illegal immigrants to their countries of origin. In this connection the authorities concerned shall extend to them the administrative facilities necessary for their return. (c) The Parties further agree that: i) - each Member State of the European Union shall accept the return of and readmission of any of its nationals who are illegally present on the territory of an ACP State, at that State's request and without further formalities; - each of the ACP States shall accept the return of and readmission of any of its nationals who are illegally present on the territory of a Member State of the European Union, at that Member State's request and without further formalities. The Member States and the ACP States will provide their nationals with appropriate identity documents for such purposes. In respect of the Member States of the European Union, the obligations in this paragraph apply only in respect of those persons who are to be considered their nationals for the Community purposes in accordance with Declaration No 2 to the Treaty establishing the European Community. In respect of ACP States, the obligations in this paragraph apply only in respect of those persons who are considered as their nationals in accordance with their respective legal system. (ii) at the request of a Party, negotiations shall be initiated with ACP States aiming at concluding in good faith and with due regard for the relevant rules of international law, bilateral agreements governing specific obligations for the readmission and return of their nationals. These agreements shall also cover, if deemed necessary by any of the Parties, arrangements for the readmission of third country nationals and stateless persons. Such agreements will lay down the details about the categories of persons covered by these arrangements as well as the modalities of their readmission and return. Adequate assistance to implement these agreements will be provided to the ACP States. (iii) for the purposes of this point (c), the term "Parties" shall refer to the Community, any of its Member States and any ACP State. PART 2 INSTITUTIONAL PROVISIONS Article 14 The joint institutions The institutions of this Agreement are the Council of Ministers, the Committee of Ambassadors and the Joint Parliamentary Assembly. Article 15 The Council of Ministers 1. The Council of Ministers shall comprise, on the one hand, the members of the Council of the European Union and members of the Commission of the European Communities and, on the other, a member of the government of each ACP State. The office of the President of the Council of Ministers shall be held alternately by a member of the Council of the European Union and a member of the government of an ACP State. The Council shall meet as a rule once a year on the initiative of the President and whenever it seems necessary, in a form and a geographical composition appropriate to the issues to be addressed. 2. The functions of the Council of Ministers shall be to: (a) conduct the political dialogue; (b) adopt the policy guidelines and take the decisions necessary for the implementation of the provisions of this Agreement, in particular as regards development strategies in the specific areas provided for by this Agreement or any other area that should prove relevant, and as regards procedures; (c) examine and resolve any issue liable to impede the effective and efficient implementation of this Agreement or present an obstacle to achieving its objectives; (d) ensure the smooth functioning of the consultation mechanisms. 3. The Council of Ministers shall take its decisions by common agreement of the Parties. The proceedings of the Council of Ministers shall be valid only if half the members of the Council of the European Union, one member of the Commission and two-thirds of the members representing the governments of the ACP States are present. Any member of the Council of Ministers unable to attend may be represented. The representative shall exercise all the rights of that member. It may take decisions that are binding on the Parties and frame resolutions, recommendations and opinions. It shall examine and take into consideration resolutions and recommendations adopted by the Joint Parliamentary Assembly. The Council of Ministers shall conduct an ongoing dialogue with the representatives of the social and economic partners and other actors of civil society in the ACP and the EU. To that end, consultations may be held alongside its meetings. 4. The Council of Ministers may delegate powers to the Committee of Ambassadors. 5. The Council of Ministers shall adopt its rules of procedure within six months of the entry into force of this Agreement. Article 16 The Committee of Ambassadors 1. The Committee of Ambassadors shall comprise, on the one hand, the permanent representative of each Member State to the European Union and a representative of the Commission and, on the other, the head of mission of each ACP State to the European Union. The office of Chairman of the Committee of Ambassadors shall be held alternately by a Permanent Representative of a Member State designated by the Community, and a head of mission representing an ACP State, designated by the ACP States. 2. The Committee shall assist the Council of Ministers in the fulfilment of its tasks and carry out any mandate entrusted to it by the Council. In this context, it shall monitor implementation of this Agreement and progress towards achieving the objectives set therein. The Committee of Ambassadors shall meet regularly, in particular to prepare the Council sessions and whenever it proves necessary. 3. The Committee shall adopt its rules of procedure within six months of the entry into force of this Agreement. Article 17 The Joint Parliamentary Assembly 1. The Joint Parliamentary Assembly shall be composed of equal numbers of EU and ACP representatives. The members of the Joint Parliamentary Assembly shall be, on the one hand, members of the European Parliament and, on the other, members of parliament or, failing this, representatives designated by the parliament of each ACP State. In the absence of a parliament, the attendance of a representative from the ACP State concerned shall be subject to the prior approval of the Joint Parliamentary Assembly. 2. The role of the Joint Parliamentary Assembly, as a consultative body, shall be to: - promote democratic processes through dialogue and consultation; - facilitate greater understanding between the peoples of the European Union and those of the ACP States and raise public awareness of development issues; - discuss issues pertaining to development and the ACP-EU Partnership; - adopt resolutions and make recommendations to the Council of Ministers with a view to achieving the objectives of this Agreement. 3. The Joint Parliamentary Assembly shall meet twice a year in plenary session, alternately in the European Union and in an ACP State. With a view to strengthening regional integration and fostering cooperation between national parliaments, meetings between EU and ACP members of parliament may be arranged at regional or subregional level. The Joint Parliamentary Assembly shall organise regular contacts with representatives of the ACP-EU economic and social partners and the other actors of civil society in order to obtain their views on the attainment of the objectives of this Agreement. 4. The Joint Parliamentary Assembly shall adopt its rules of procedure within six months of the entry into force of this Agreement. PART 3 COOPERATION STRATEGIES Article 18 The cooperation strategies shall be based on development strategies and economic and trade cooperation which are interlinked and complementary. The Parties shall ensure that the efforts undertaken in both aforementioned areas are mutually reinforcing. TITLE I DEVELOPMENT STRATEGIES CHAPTER 1 General framework Article 19 Principles and objectives 1. The central objective of ACP-EC cooperation is poverty reduction and ultimately its eradication; sustainable development; and progressive integration of the ACP countries into the world economy. In this context, cooperation framework and orientations shall be tailored to the individual circumstances of each ACP country, shall promote local ownership of economic and social reforms and the integration of the private sector and civil society actors into the development process. 2. Cooperation shall refer to the conclusions of United Nations Conferences and to the objectives, targets and action programmes agreed at international level and to their follow up as a basis for development principles. Cooperation shall also refer to the international development cooperation targets and shall pay particular attention to putting in place qualitative and quantitative indicators of progress. 3. Governments and non-State actors in each ACP country shall initiate consultations on country development strategies and community support thereto. Article 20 The Approach 1. The objectives of ACP-EC development cooperation shall be pursued through integrated strategies that incorporate economic, social, cultural, environmental and institutional elements that must be locally owned. Cooperation shall thus provide a coherent enabling framework of support to the ACP's own development strategies, ensuring complementarity and interaction between the various elements. In this context and within the framework of development policies and reforms pursued by the ACP States, ACP-EC cooperation strategies shall aim at: (a) achieving rapid and sustained job-creating economic growth, developing the private sector, increasing employment, improving access to productive economic activities and resource, and fostering regional cooperation and integration; (b) promoting human and social development helping to ensure that the fruits of growth are widely and equitably shared and promoting gender equality; (c) promoting cultural values of communities and specific interactions with economic, political and social elements; (d) promoting institutional reforms and development, strengthening the institutions necessary for the consolidation of democracy, good governance and for efficient and competitive market economies; and building capacity for development and partnership; and (e) promoting environmental sustainability, regeneration and best practices, and the preservation of natural resource base. 2. Systematic account shall be taken in mainstreaming into all areas of cooperation the following thematic or cross-cutting themes: gender issues, environmental issues and institutional development and capacity building. These areas shall also be eligible for Community support. 3. The detailed texts as regards development cooperation objectives and strategies, in particular sectoral policies and strategies shall be incorporated in a compendium providing operational guidelines in specific areas or sectors of cooperation. These texts may be revised, reviewed and/or amended by the Council of Ministers on the basis of a recommendation from the ACP-EC Development Finance Cooperation Committee. CHAPTER 2 Areas of support SECTION 1 Economic development Article 21 Investment and private sector development 1. Cooperation shall support the necessary economic and institutional reforms and policies at national and/or regional level, aiming at creating a favourable environment for private investment, and the development of a dynamic, viable and competitive private sector. Cooperation shall further support: (a) the promotion of public-private sector dialogue and cooperation; (b) the development of entrepreneurial skills and business culture; (c) privatisation and enterprise reform; and (d) development and modernisation of mediation and arbitration systems. 2. Cooperation shall also support improving the quality, availability and accessibility of financial and non-financial services to private enterprises, both formal and informal; by: (a) catalysing and leveraging flows of private savings, both domestic and foreign, into the financing of private enterprises by supporting policies for developing a modern financial sector including a capital market, financial institutions and sustainable microfinance operations; (b) the development and strengthening of business institutions and intermediary organisations, associations, chambers of commerce and local providers from the private sector supporting and providing non-financial services to enterprises such as professional, technical, management, training and commercial support services; and (c) supporting institutions, programmes, activities and initiatives that contribute to the development and transfer of technologies and know-how and best practices on all aspects of business management. 3. Cooperation shall promote business development through the provision of finance, guarantee facilities and technical support aimed at encouraging and supporting the creation, establishment, expansion, diversification, rehabilitation, restructuring, modernisation or privatisation of dynamic, viable and competitive enterprises in all economic sectors as well as financial intermediaries such as development finance and venture capital institutions, and leasing companies by: (a) creating and/or strengthening financial instruments in the form of investment capital; (b) improving access to essential inputs such as business information and advisory, consultancy or technical assistance services; (c) enhancement of export activities, in particular through capacity building in all trade-related areas; and (d) encouraging inter-firm linkages, networks and cooperation including those involving the transfer of technology and know-how at national, regional and ACP-EU levels, and partnerships with private foreign investors which are consistent with the objectives and guidelines of ACP-EC Development cooperation. 4. Cooperation shall support microenterprise development through better access to financial and non-financial services; an appropriate policy and regulatory framework for their development; and provide training and information services on best practices in microfinance. 5. Support for investment and private sector development shall integrate actions and initiatives at macro, meso and micro economic levels. Article 22 Macroeconomic and structural reforms and policies 1. Cooperation shall support ACP efforts to implement: (a) macroeconomic growth and stabilisation through disciplined fiscal and monetary policies that result in the reduction of inflation, and improve external and fiscal balances, by strengthening fiscal discipline, enhancing budgetary transparency and efficiency, improving the quality, the equity and composition of fiscal policy; and (b) structural policies designed to reinforce the role of the different actors, especially the private sector and improve the environment for increases in business, investment and employment, as well as: (i) liberalise trade and foreign exchange regimes and current account convertibility, having regard to the particular circumstances of each country; (ii) strengthen labour and product-market reforms; (iii) encourage financial systems reforms which help to develop viable banking and non-banking systems, capital markets and financial services, including micro-finance; (iv) improve the quality of private and public services; and (v) encourage regional cooperation and progressive integration of macroeconomic and monetary policies. 2. The design of macroeconomic policies and structural adjustment programmes shall reflect the socio-political background and institutional capacity of the countries concerned, ensure a positive impact on poverty reduction and social services access and shall be based on the following principles: (a) the ACP States shall bear primary responsibility for the analysis of the problems to be solved, the design and the implementation of the reforms; (b) support programmes shall be adapted to the different situation in each ACP State and be sensitive to the social conditions, culture and environment of these States; (c) the right of the ACP States to determine the direction and the sequencing of their development strategies and priorities shall be recognised and respected; (d) the pace of reforms shall be realistic and compatible with each ACP State's capacities and resources; and (e) strengthening the communication and the information of populations on economic and social reforms and policies. Article 23 Economic sector development Cooperation shall support sustainable policy and institutional reforms and the investments necessary for equitable access to economic activities and productive resources, particularly: (a) the development of training systems that help increase productivity in both the formal and the informal sectors; (b) capital, credit, land, especially as regards property rights and use; (c) development of rural strategies aimed at establishing a framework for participatory decentralised planning, resource allocation and management; (d) agricultural production strategies, national and regional food security policies, sustainable development of water resources and fisheries as well as marine resources within the economic exclusive zones of the ACP States. Any fishery agreement that may be negotiated between the Community and the ACP States shall pay due consideration to consistency with the development strategies in this area; (e) economic and technological infrastructure and services, including transport, telecommunication systems, communication services and the development of information society; (f) development of competitive industrial, mining and energy sectors, while encouraging private sector involvement and development; (g) trade development, including the promotion of fair trade; (h) development of business, finance and banking; and other service sectors; (i) tourism development; and (j) development of scientific, technological and research infrastructure and services; including the enhancement, transfer and absorption of new technologies; (k) the strengthening of capacities in productive areas, especially in public and private sectors. Article 24 Tourism Cooperation will aim at the sustainable development of the tourism industry in ACP countries and sub-regions, recognising its increasing importance to the growth of the services sector in ACP countries and to the expansion of their global trade, its ability to stimulate other sectors of economic activity, and the role it can play in poverty eradication. Cooperation programmes and projects will support the efforts of ACP countries to establish and improve the countries legal and institutional framework and resources for the development and implementation of sustainable tourism policies and programmes, as well as inter alia, improving the competitive position of the sector, especially small and medium-sized enterprises (SMEs), investment support and promotion, product development including the development of indigenous cultures in ACP countries, and strengthening linkages between tourism and other sectors of economic activity. SECTION 2 Social and human development Article 25 Social sector development 1. Cooperation shall support ACP States' efforts at developing general and sectoral policies and reforms which improve the coverage, quality of and access to basic social infrastructure and services and take account of local needs and specific demands of the most vulnerable and disadvantaged, thus reducing the inequalities of access to these services. Special attention shall be paid to ensuring adequate levels of public spending in the social sectors. In this context, cooperation shall aim at: (a) improving education and training, and building technical capacity and skills; (b) improving health systems and nutrition, eliminating hunger and malnutrition, ensuring adequate food supply and security; (c) integrating population issues into development strategies in order to improve reproductive health, primary health care, family planning; and prevention of female genital mutilation; (d) promoting the fight against HIV/AIDS; (e) increasing the security of household water and improving access to safe water and adequate sanitation; (f) improving the availability of affordable and adequate shelter for all through supporting low-cost and low-income housing programs and improving urban development; and (g) encouraging the promotion of participatory methods of social dialogue as well as respect for basic social rights. 2. Cooperation shall also support capacity-building in social areas such as programmes for training in the design of social policies and modern methods for managing social projects and programmes; policies conducive to technological innovation and research; building local expertise and promoting partnerships; and round-table discussions at national and/or regional level. 3. Cooperation shall promote and support the development and implementation of policies and of systems of social protection and security in order to enhance social cohesion and to promote self-help and community solidarity. The focus of the support shall, inter-alia, be on developing initiatives based on economic solidarity, particularly by setting-up social development funds adapted to local needs and actors. Article 26 Youth issues Cooperation shall also support the establishment of a coherent and comprehensive policy for realising the potential of youth so that they are better integrated into society to achieve their full potential. In this context, cooperation shall support policies, measures and operations aimed at: (a) protecting the rights of children and youth, especially those of girl children; (b) promoting the skills, energy, innovation and potential of youth in order to enhance their economic, social and cultural opportunities and enlarge their employment opportunities in the productive sector; (c) helping community-based institutions to give children the opportunity to develop their physical, psychological, social and economic potential; and (d) reintegrating into society children in post-conflict situations through rehabilitation programmes. Article 27 Cultural development Cooperation in the area of culture shall aim at: (a) integrating the cultural dimension at all levels of development cooperation; (b) recognising, preserving and promoting cultural values and identities to enable inter-cultural dialogue; (c) recognising, preserving and promoting the value of cultural heritage; supporting the development of capacity in this sector; and (d) developing cultural industries and enhancing market access opportunities for cultural goods and services. SECTION 3 Regional cooperation and integration Article 28 General approach Cooperation shall provide effective assistance to achieve the objectives and priorities which the ACP States have set themselves in the context of regional and sub-regional cooperation and integration, including inter-regional and intra-ACP cooperation. Regional Cooperation can also involve Overseas Countries and Territories (OCTs) and outermost regions. In this context, cooperation support shall aim to: (a) foster the gradual integration of the ACP States into the world economy; (b) accelerate economic cooperation and development both within and between the regions of the ACP States; (c) promote the free movement of persons, goods, services, capital, labour and technology among ACP countries; (d) accelerate diversification of the economies of the ACP States; and coordination and harmonisation of regional and sub-regional cooperation policies; and (e) promote and expand inter and intra-ACP trade and with third countries. Article 29 Regional economic integration Cooperation shall, in the area of regional economic integration, support: (a) developing and strengthening the capacities of: (i) regional integration institutions and organisations set up by the ACP States to promote regional cooperation and integration, and (ii) national governments and parliaments in matters of regional integration; (b) fostering participation of Least Developed Countries (LDC) ACP States in the establishment of regional markets and sharing the benefits therefrom; (c) implementation of sectoral reform policies at regional level; (d) liberalisation of trade and payments; (e) promoting cross-border investments both foreign and domestic, and other regional or sub-regional economic integration initiatives; and (f) taking account of the effects of net transitional costs of regional integration on budget revenue and balance of payments. Article 30 Regional Cooperation 1. Cooperation shall, in the area of regional cooperation, support a wide variety of functional and thematic fields which specifically address common problems and take advantage of scale of economies, including: (a) infrastructure particularly transport and communications and safety thereof and services, including the development of regional opportunities in the area of Information and Communication Technologies (ICT); (b) the environment; water resource management and energy; (c) health, education and training; (d) research and technological development; (e) regional initiatives for disaster preparedness and mitigation; and (f) other areas, including arms control, action against drugs, organised crimes, money laundering, bribery and corruption. 2. Cooperation shall also support inter and intra-ACP cooperation schemes and initiatives. 3. Cooperation shall help promote and develop a regional political dialogue in areas of conflict prevention and resolution; human rights and democratisation; exchange, networking, and promotion of mobility between the different actors of development, in particular in civil society. SECTION 4 Thematic and cross-cutting issues Article 31 Gender issues Cooperation shall help strengthen policies and programmes that improve, ensure and broaden the equal participation of men and women in all spheres of political, economic, social and cultural life. Cooperation shall help improve the access of women to all resources required for the full exercise of their fundamental rights. More specifically, cooperation shall create the appropriate framework to: (a) integrate a gender-sensitive approach and concerns at every level of development cooperation including macroeconomic policies, strategies and operations; and (b) encourage the adoption of specific positive measures in favour of women such as: (i) participation in national and local politics; (ii) support for women's organisations; (iii) access to basic social services, especially to education and training, health care and family planning; (iv) access to productive resources, especially to land and credit and to labour market; and (v) taking specific account of women in emergency aid and rehabilitation operations. Article 32 Environment and natural resources 1. Cooperation on environmental protection and sustainable utilisation and management of natural resources shall aim at: (a) mainstreaming environmental sustainability into all aspects of development cooperation and support programmes and projects implemented by the various actors; (b) building and/or strengthening the scientific and technical human and institutional capacity for environmental management for all environmental stakeholders; (c) supporting specific measures and schemes aimed at addressing critical sustainable management issues and also relating to current and future regional and international commitments concerning mineral and natural resources such as: (i) tropical forests, water resources, coastal, marine and fisheries resources, wildlife, soils, biodiversity; (ii) protection of fragile ecosystems (e.g. coral reef); (iii) renewable energy sources notably solar energy and energy efficiency; (iv) sustainable rural and urban development; (v) desertification, drought and deforestation; (vi) developing innovative solutions to urban environmental problems; and (vii) promotion of sustainable tourism. (d) Taking into account issues relating to the transport and disposal of hazardous waste. 2. Cooperation shall also take account of: (a) the vulnerability of small island ACP countries, especially to the threat posed by climate change; (b) the worsening drought and desertification problems especially of least developed and land-locked countries; and (c) institutional development and capacity building. Article 33 Institutional development and capacity building 1. Cooperation shall pay systematic attention to institutional aspects and in this context, shall support the efforts of the ACP States to develop and strengthen structures, institutions and procedures that help to: (a) promote and sustain democracy, human dignity, social justice and pluralism, with full respect for diversity within and among societies; (b) promote and sustain universal and full respect for and observance and protection of all human rights and fundamental freedoms; (c) develop and strengthen the rule of law; and improve access to justice, while guaranteeing the professionalism and independence of the judicial systems; and (d) ensure transparent and accountable governance and administration in all public institutions. 2. The Parties shall work together in the fight against bribery and corruption in all their societies. 3. Cooperation shall support ACP States' efforts to develop their public institutions into a positive force for growth and development and to achieve major improvements in the efficiency of government services as they affect the lives of ordinary people. In this context, cooperation shall assist the reform, rationalisation and the modernisation of the public sector. Specifically, cooperation support shall focus on: (a) the reform and modernisation of the civil service; (b) legal and judicial reforms and modernisation of justice systems; (c) improvement and strengthening of public finance management; (d) accelerating reforms of the banking and financial sector; (e) improvement of the management of public assets and reform of public procurement procedures; and (f) political, administrative, economic and financial decentralisation. 4. Cooperation shall also assist to restore and/or enhance critical public sector capacity and to support institutions needed to underpin a market economy, especially support for: (a) developing legal and regulatory capabilities needed to cope with the operation of a market economy, including competition policy and consumer policy; (b) improving capacity to analyse, plan, formulate and implement policies, in particular in the economic, social, environmental, research, science and technology and innovation fields; (c) modernising, strengthening and reforming financial and monetary institutions and improving procedures; (d) building the capacity at the local and municipal levels which is required to implement decentralisation policy and to increase the participation of the population in the development process; and (e) developing capacity in other critical areas such as: (i) international negotiations; and (ii) management and coordination of external aid. 5. Cooperation shall span all areas and sectors of cooperation to foster t …