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An Analysis of Highlights of the 3rd RNF meeting, held in Antananarivo, Madagascar.
By Richard Kamidza
Para 4 of the adopted report reads: The Prime Minister Andrianarison noted the complexity of the ACP-EU relationship and the need to formulate appropriate strategies and structures for preparation and conduct of the EPA negotiations. He further said that it was important for ESA countries to fully prepare themselves for the negotiations with the EU and to ensure that any eventual agreement to be signed with the EU should serve the interests of ESA states.
SEATINI noted that such an advise during the official opening of the RNF seem to have been ignored by some participants, particularly those who have assumed the authorities to direct the pace of coming up with cluster positions. During the meeting different signals and positions have been mentioned which disrespect the unity of purpose expected to guide the ESA-EPA negotiations. This include:
• The compromise agreement on Marine Fisheries Rules of Origin and finalisation of the Marine Fisheries Framework Agreement which could be used by ESA coastal or island countries wishing to negotiate a national Fisheries Framework Agreement with the EU. Marine fisheries countries have been meeting since the first RNF meeting in Mombasa. This happens when the inland fisheries are scheduled to have the first Dedicated Session on fisheries in January 2005. It is hoped that may be by that time the studies of the inland fisheries covering all the concerned countries will be finalised so as to provide information to this process. At the meantime, ESA seem to have adopted dual routes, which will eventually produce two frameworks for this cluster. The challenge relates to how the two positions will be emerged before actual negotiations with the EU started.
• Already the Regional Preparatory Task Force (RPTF) has agreed on sequencing the clusters for negotiating with the EU. Ambassadors and the secretariat are pushing for this sequencing and the capitals are mere passive participants in this area. In fact the capitals were informed of the second RPTF meeting scheduled at just at the end of the RNF meeting. Although delegates questioned the purpose and the sponsor of the meeting, it was finally agreed to proceed since is the EC delegates were already in the capital.
• In the capitals, lack of common purpose is reflected by the manner in which consultations and involvement of all concerned citizens is largely lacking. In some countries civil society bodies remains fairly weak and underdeveloped while other member-states exhibit serious constraint of democratic space. All this limits the nature and content of consulting and involving widely. Eventually this vividly shows lack of common purpose leading to a common ESA-EPA outcome.
• Countries are at different levels of development and engagement. Some delegates are huge and composed of all the interested stakeholders while others are merely two-man band - one government and private sector.
All the above are crakes that has negative implication to the ESA goal of negotiating a fair and just trade pack with the EU.

Para 5 of the report reads: The Prime Minister reiterated that the EU was a very strong and powerful negotiating partner and hence ESA countries needed to build and strengthen their negotiating capacities and consolidate their positions in the six clusters of the negotiations.
• However, SEATINI has noted the above weakness of consolidating regional common positions before negotiations with the EU.
• In addition, it is very important for the NDTPFs to ensure that serious scrutiny of the impact assessment studies which informs the development of national and regional positions. However, only five countries have completed the studies, and in many countries there is capacity constraints in terms of critical analysis of the process including the studies. This in turn affects the political capacity of the capitals, which seem to be surrendering the authorities to direct and guide the process to the COMESA secretariat and the Ambassadors. Weakness of the NDTPFs is exposed by total failure to submit written progress reports, which informs the regional participants on what transpired in each respective country. All the above indicates the need to build capacity to equip the capitals, which is fast loosing authority to dictate the pace of this process.
• Para 12 of the RNF report noted that some delegations expressed concern over the quality of NIAS reports and on the need to ensure a high and consistent standard of reporting. It was also noted in para 13 that the studies should be undertaken in a comprehensive way and a thorough analysis done. However, despite all this pointers, RNF machinery only wants to press on with this flawed process whose outcome is clearly a bad EPA outcome. ;

Para 15 noted that the RPTF agreed on its Terms of Reference, addressed the sequencing of the negotiations (suggesting that Fisheries, Development Issues and market Access be addressed from July 2004 to March (2005) and the ESA region gave a progress report on preparations being made for the negotiations. The EC felt there was a need to further discuss how to prepare discussions and negotiations in each cluster in more detail and spoke of information sharing. They also wanted to focus on the region’s integration efforts and wanted clarification on the regional FFA.
• First, this is an informal structure of ESA, which is dominated by the Ambassadors and the COMESA secretariat. The capitals are not involved. Ironically, this informal structure during its first meeting in July agreed to sequence the clusters for negotiations. Its deficient from reality is exposed when the lists targeted left out an important common sector in the ESA configuration – that is – agriculture cluster. The capitals then protested that agriculture cluster be included if the bilateral trade negotiations are to remain relevant to the ESA citizens.
• In the same para, EC is even cautioning us to prepare adequately and to remain focusing on our regional integration efforts. SEATINI then wonders why the rush when the counterpart is showing leniency to the process. Why is that ESA is not paying attention to all this valuable ideas and pointers?
• It is also necessary for ESA to focus on building regional integration markets that the South-South trade promotion. This is a noble idea that if well articulated and promoted within all the layers of ESA will assist in slowing down the process. SEATINI wonders why ESA seem to be in a hurry to make history by quickly entering into some negotiations and conclude well before other regions? Enough advice was given to ESA by consultants regarding the position of South Africa (which is currently re-negotiating what it failed to get or do not want from its trade pack with EU through SADC-EPA) and Egypt. All this advice is on paper. Even the ACP delegate advised ESA not to hurry to negotiate and sign any cluster positions, for once signed, it becomes very difficult to get out of it. ESA will not have a second chance like for instance South Africa.

Para 19 noted that regarding the Chief Technical Advisor, the Secretariat reported that it had requested a number of capitals to provide names of possible candidates to the post. It had also suggested that each country contribute COM12 000 per anunum to pay for this office. …
• The subsequent para further noted that some member-states proposed that the contributions be reduced while others suggested that full remuneration for the CTA office should be sourced from donors. This shows lack of seriousness and./or failure to appreciate this office. Why should this important office be donor-funded? Zimbabwe had a view of locating this office within the COMESA secretariat arguing that the proposal reduces costs and makes the office accessible to the capitals where action is concentrated. This proposal was however, short down by the fellow member-states who argued that discussions of this issue should not be opened again. Given the powers now being assumed by the Ambassadors and COMESA through the informal RPTF structure (see above), locating this office in Brusseles will further renders the capitals powerless in terms of driving the negotiations process.

Para 54 noted that the meeting agreed to address the issue of sequencing, both in terms of issues of priorities and in terms of activities at the regional and national levels, at the end of the meting, as a substantive agenda item.
• SEATINI noted that this item was not discussed at the end of the meeting. It is likely to remain silent. SEATINI will whistle this to the capitals for future debates.

*Richard Kamidza is the Programme Coordinator, Senior Policy Analyst and Research Fellow

            
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