Legal spat over Africa aid funds

By David Cronin

Date: 02/02/06

The European Commission faces legal action by EU governments for diverting funds earmarked for development aid in Africa to military purposes.

Lawyers at the Council of Ministers have recommended that the Commission should be taken to the European Court of Justice over a little-noticed decision taken on 23 December.

On that occasion, the Commission decided to draw down EUR 7.7 million from the EU's budget for the African Peace Facility, which was set up in 2003 to help end conflicts in Africa.

An opinion drawn up by the Council's legal service says this move was "not in accordance" with the EU's treaty. The lawyers say that the Commission does not have the power to use "budget appropriations for development co-operation" to fund "peace-support objectives".

Before 23 December the African Peace Facility had been allocated EUR 250m, most of which had been used to help peacekeeping efforts in Sudan. This money has come exclusively from the European Development Fund, which is separate from the EU budget.

A Commission official said that the EUR 7.7m under dispute had been requested by South Africa, one of the countries taking a leading role in brokering an end to conflicts in Africa. The aim of supporting the Peace Facility was to guarantee the "fundamental stability" of the African continent and provide the "basic foundations" for implementing the EU's development policy, the official added.

But MEPs and relief agencies have voiced concerns that EU funding for peacekeeping could be at the expense of health and education in poor countries. Luisa Morgantini, the Italian left-wing deputy who chairs the European Parliament's development committee, said that funding for any military operations in Africa should be additional or separate to what the EU spent on development aid.

Florent Sebban from the anti-poverty group Eurostep said it was "good news" that the Council's lawyers have a "clear opinion" on the distinction between spending on security and development aid.

Article reports that the European Commission might face legal action by EU Governments for diverting funds earmarked for development aid in Africa to military purposes. The Council's legal service recommended that the Commission should be taken to the European Court of Justice over a decision taken on 23 December 2005 to draw down €7.7 million from the EU's budget for the African Peace Facility.