Council Decision (CFSP) 2021/1012 of 21 June 2021 appointing the European Union Special Representative for the Horn of Africa

• CELEX: Decision (CFSP) 2021/1012
• Articles: 15

Article 1 European Union Special Representative

1.   Ms Annette WEBER is hereby appointed as the European Union Special Representative (EUSR) for the Horn of Africa from 1 July 2021 to 31 August 2022. The Council may decide that the mandate of the EUSR be extended or terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).

2.   For the purposes of the EUSR’s mandate, the Horn of Africa is defined as comprising the primary focus of the European Union Strategy in the Horn of Africa (the ‘Strategy’) as adopted by Council conclusions on 10 May 2021, namely Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan and Uganda. The EUSR shall also engage with the countries of the Red Sea, Nile Basin and others as well as with relevant regional or international entities on and beyond the Horn of Africa, including the Gulf peninsula and North Africa, as appropriate.

Article 2 Policy objectives

1.   Based on the policy objectives of the Strategy, the EUSR’s mandate shall be to contribute actively to regional and international efforts to achieve peaceful coexistence and lasting peace, security and development within and among the countries in the region. The EUSR shall furthermore aim to enhance the quality, intensity, impact and visibility of the Union’s multi-faceted engagement in the Horn of Africa.

2.   The EUSR shall contribute to developing and implementing the Union’s efforts in the region in an integrated approach, including in the political, security and development areas, coordinating all relevant instruments and stakeholders for Union actions. The EUSR engagement shall be pursued in close cooperation and coordination with the relevant Heads of Union delegations, European External Action Service (EEAS), the Commission, Member States and other relevant Union actors and stakeholders. The EUSR shall enhance Union’s leverage in the region and ensure coherence of Union approach at a regional level.

3.   The EUSR shall contribute to the Union’s commitment to deepen its strategic relationship and partnership with the Horn of Africa region and its countries, the objective being to support peace and security, democracy, human rights, rule of law, gender equality, humanitarian principles and International Humanitarian Law (IHL), sustainable development, economic growth, climate action and regional cooperation.

4.   The overall policy objectives to which the EUSR shall contribute include, inter alia:

(a)

the stabilisation of the Horn of Africa, with a focus on broader regional dynamics, including at country level, when relevant for the stability of the region;

(b)

the political transitions e.g. in Ethiopia and Sudan, peace and state-building processes in Somalia and South Sudan as well as the prevention and early warning of potential conflicts between or within countries in the region, including transboundary disputes, and contribution to their mediation and resolution;

(c)

the political, security, sustainable economic regional cooperation and joint multilateral action, in particular with the United Nations (UN), the African Union (AU) and the Intergovernmental Authority on Development (IGAD);

(d)

a negotiated solution on the Grand Ethiopian Renaissance Dam (GERD) and the promotion of transboundary cooperation in the whole Nile Basin;

(e)

the security, stability and cooperation around the Red Sea.

Article 3 Mandate

1.   In order to achieve the policy objectives in relation to the Horn of Africa, the EUSR’s mandate shall be to:

(a)

actively contribute to the implementation of the Strategy and enhance the overall coherence and effectiveness of Union activities with a view to further deepening and strengthening the Union’s relationship and partnership with the Horn of Africa, its countries and organisations;

(b)

engage with all relevant stakeholders in the region, national governmental and non-governmental actors, regional authorities, international and regional organisations, civil society, youth, private sector and diasporas, with a view to furthering the Union’s objectives, and contribute to a better understanding of the role of the Union in the region. In this context, the EUSR shall regularly travel to all the countries in the region;

(c)

engage with relevant actors outside the region, in the interest of tackling issues of broader regional stability, including the GERD, the Red Sea, the Western Indian Ocean and the financing of the African Union Mission in Somalia (AMISOM) and subsequent AU-led security engagement. Contacts shall include bilateral engagement with, as appropriate, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the countries of the Gulf, Egypt, regional contacts with the Gulf Cooperation Council, the Council of Arab and African States on the Red Sea and the Gulf of Aden and other relevant international actors;

(d)

represent and promote the interests and visibility of the Union in relevant regional and international fora;

(e)

encourage and support effective political and security cooperation and sustainable economic integration in the region through the EU’s partnership with the AU and regional organisations, in particular IGAD. The EUSR shall initiate/steer, support and promote conflict resolution mechanisms, in particular Africa-owned and also Middle Eastern/North African ones, with a view to furthering effective prevention, de-escalation and peaceful settlement of disputes and for reconciliation by encouraging dialogue, negotiation and mediation;

(f)

follow political and security developments in the region and contribute to the development of the Union’s policy towards the region, with a view to advising on and formulating concrete proposals for action, including in relation to Eritrea, Ethiopia, Somalia, Sudan, South Sudan, the Sudan-Ethiopia border dispute, the Somalia-Kenya tensions, Kenya’s regional role, the Nile dispute, the security around the Red Sea, promoting regional integration and other concerns in the region that impact on its security, stability and peaceful and inclusive development. The EUSR shall also contribute to the Union early response and strategic and long-term vision of the Union in the Horn of Africa;

(g)

continue to mobilise regional and international support for political transitions e.g. in Ethiopia and Sudan in close cooperation with the Heads of Union delegations and Member States’ missions. The EUSR shall contribute to supporting nation-wide peace and reconciliation efforts based on inclusive and transparent dialogue. The EUSR shall pursue efforts addressing the regional consequences of the multiple crises in Ethiopia, including in Tigray, notably by encouraging a peaceful resolution of the border tensions with Sudan. With regard to Sudan, the EUSR’s efforts shall be focused also on supporting the implementation of the Juba Peace Agreement and the negotiations and implementation of subsequent agreements;

(h)

continue to encourage stronger support from regional and international stakeholders, to critical peace and state building processes in Somalia and South Sudan. As a complement to the efforts of the Head of the Union delegation and Member States, the EUSR shall support Union’s State-building efforts in Somalia, including the development of the security sector. In this regard, the EUSR shall feed into the reflexions related to the use of the European Peace Facility, and to the Common Security and Defence Policy (CSDP) missions and operations in the region. With regard to South Sudan, in close cooperation with the Head of the Union delegation, the EUSR shall continue to work closely with the UN, IGAD, AU and other relevant international partners to uphold their support to peace efforts and the overall stabilisation of the country;

(i)

engage with Eritrea, insisting on a constructive agenda at regional level, including on the withdrawal of Eritrean troops from Ethiopia;

(j)

continue to represent the Union in its capacity of observer to the AU-led talks on the GERD. Working in close coordination with the Heads of Union delegations and the Member States’ missions to Egypt, Sudan and Ethiopia, the EUSR shall contribute to support dialogue as well as cooperation between the parties building trust and developing confidence-building measures which could help incentivize a resolution of the GERD dispute. More broadly, the EUSR shall contribute to Union’s effort to step up engagement in water diplomacy in the whole Nile Basin;

(k)

encourage cooperation, dialogue and peaceful settlement of disputes around the Red Sea and build privileged relations with regionally-owned initiatives. In close coordination with Union delegations and Member States’ missions in the region, the EUSR shall contribute to develop an integrated approach to the wider Red Sea region and help to build an inclusive agenda of cooperation on the Red Sea among relevant regional and international actors;

(l)

follow closely and promote cooperation to address cross-border challenges affecting the Horn of Africa, notably on radicalisation and terrorism, maritime security and piracy, border disputes, all forms of trafficking, including trafficking in human beings, illicit financial flows, and any political and security consequences of humanitarian crises;

(m)

promote humanitarian access and respect of IHL and the protection of civilians;

(n)

contribute, in cooperation with the EUSR for Human Rights, to the promotion of human rights through the implementation of Council Decision 2011/168/CFSP  ( 4 ) and the Union’s human rights policy, including the Union Guidelines on human rights, in particular the Union Guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union’s policy regarding UN Security Council Resolution (UNSCR) 1325 (2000) and subsequent resolutions on Women, Peace and Security as well as UNSCR 2250 (2015) on Youth, Peace and Security. This shall include exchanges with the International Criminal Court, the Office of the High Commissioner for Human Rights and with human rights defenders;

(o)

contribute to addressing the growing impact of climate change on peace and security. This shall include ensuring that prevention and peacebuilding activities take account of climate and environmental related security risks.

2.   For the purpose of the fulfilment of the EUSR’s mandate, the EUSR shall, inter alia:

(a)

advise and report on the formulation of Union positions in regional and international fora, as appropriate, in order to proactively promote action based on partnership and mutual accountability and strengthen the Union’s integrated approach towards the Horn of Africa;

(b)

contribute to maintaining an overview of all Union activities and cooperate and coordinate closely with relevant Union delegations and Member States.

Article 4 Implementation of the mandate

1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.

2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.

3.   The EUSR shall cooperate and work in close coordination with the EEAS and its relevant departments.

Article 5 Financing

1.   The financial reference amount intended to cover the expenditure related to the EUSR’s mandate for the period from 1 July 2021 to 31 August 2022 shall be EUR 2 750 000.

2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.

3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Article 6 Constitution and composition of the team

1.   Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.

2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.

3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the EUSR’s mandate.

4.   The EUSR staff shall be co-located with the relevant EEAS departments or Union delegations in order to ensure the coherence and consistency of their respective activities.

Article 7 Privileges and immunities of the EUSR and the EUSR’s staff

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR’s mission and the members of the EUSR’s staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.

Article 8 Security of EU classified information

The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU  ( 5 ) .

Article 9 Access to information and logistical support

1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.

2.   The Union delegations in the region and/or the Member States, as appropriate, shall provide logistical support in the region.

Article 10 Security

In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR’s mandate and the security situation in the area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:

(a)

establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the area of responsibility, as well as the management of security incidents, and including a contingency plan and evacuation plan;

(b)

ensuring that all personnel deployed outside the Union are covered by high risk insurance, as required by the conditions in the area of responsibility;

(c)

ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

(d)

ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the regular progress reports and a final comprehensive mandate implementation report.

Article 11 Reporting

The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.

Article 12 Coordination

1.   In the framework of the Strategy, the EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. Liaison with Member States shall be sought where appropriate. The activities of the EUSR shall be coordinated with those of the EEAS, the Union delegations and the Commission, as well as those of other EUSRs active in the region. The EUSR shall provide regular briefings to the Member States’ missions and the Union delegations.

2.   In the field, close liaison shall be maintained with the relevant Member States’ Heads of missions, the Heads of Union delegations and the Heads of CSDP missions and operations. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the relevant Union delegations, shall provide the Force Commander of EUNAVFOR Atalanta, the Mission Commander of EUTM Somalia and the Head of Mission of EUCAP Somalia with local political guidance. The EUSR, the EU Operation Commanders and the Civilian Operation Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.

Article 13 Assistance in relation to claims

The EUSR and the EUSR’s staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs for the Horn of Africa, and shall provide administrative assistance and access to relevant files for such purposes.

Article 14 Review

The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with regular progress reports and a final comprehensive mandate implementation report by 31 May 2022.

Article 15 Entry into force

This Decision shall enter into force on the day of its adoption.