Assessing the utility of Counter-Terrorism and Non-Proliferation of Weapons of Mass Destruction Clauses under the EU-ACP Cotonou Partnership Agreement

The Revised Cotonou Partnership Agreement (the CPA II) was signed on 25 June 2005 in Luxemburg by the Member States of the European Union (the EU or the Union) and the group of African Caribbean and Pacific (ACP) states. The CPA II revises the CPA I that was endorsed on 23 June 2000 in Cotonou, Benin. The CPA I replaced the Lomé Conventions that were preceded by the Yaoundé Agreements. Under the Yaoundé and Lomé Conventions the European Community (the EC or the Community) extended trade benefits to ACP countries. The trade preferences were equally accompanied by development assistance money from the European Development Fund (the EDF). Over the years the rules underpinning the relationship have been sanctioned by a body of joint institutions including the Council of Ministers, the Committee of Ambassadors and the Joint Parliamentary Assembly.
Under the Fourth Lomé Convention, the parties introduced the first operative provision related to political objectives, to wit, the respect for human rights and adherence to democratic values. The provision was extended under the agreement that prolonged the Fourth Lomé Convention known as the Mid-term Review or the Convention of Mauritius. This was partly in fulfillment of their desire to establish constructive political dialogue. When the parties endorsed the CPA I in 2000 they introduced the first set of security related political clauses. The clauses refer to commitments made in Article 11 to prevent, manage and resolve conflicts. Under the CPA II of 2005 the second set of security related political provisions have been introduced. They pertain to the fight against terrorism and the non-proliferation of weapons of mass destruction (WMDs).
The article analyses the motives of the EU for backing the introduction of the new security clauses. It equally examines the arguments for and against the integration of counter-terrorism and non-proliferation of WMD clauses in the CPA II. It is intimated that the introduction of non-proliferation of WMDs clauses is timely. The rationale for integrating counter-terrorism provisions into the treaty is open to debate.