1. Introduction
1. Widening economic and social
inequalities in Europe and beyond, as well as increased poverty
and social exclusion, provide a breeding ground for populism, extremism,
racism, xenophobia and terrorism, undermining the core values and
principles of the Council of Europe. To combat these threats and
rise to these challenges, we must continue to invest in our democratic,
inclusive societies and commit to the defence of human rights, the
rule of law and democracy.
2. Policies that harm the social and democratic rights of citizens
in Europe are compounded by external challenges such as the migrant
and refugee crisis, ongoing hostilities in many parts of the world
and the constant threat of terrorism. The Council of Europe must
reaffirm its commitment to tackling these issues effectively and
finding long-term solutions. But it cannot do so without strengthening
its standard-setting capacity, implemented through its network of
intergovernmental committees, whose terms of reference could be
reviewed to take account of the aforementioned challenges.
3. Is the Council of Europe ready to provide all its member and
partner States with the responses enabling them to rise to these
challenges and combat the current negative trends?
2. Audit of the 2014 and 2015
accounts
4. Succeeding the French Cour
des Comptes, Najwyższa Izba Kontroli (NIK) was appointed as the
Council of Europe’s external auditor by the Committee of Ministers
for a non-renewable five-year term, starting with the audit of the
financial statements for the year ended 31 December 2014. The audit
was carried out in accordance with IPSAS.
The financial statements
give a true and fair view of the Council of Europe’s financial position,
operational results and cash flows at 31 December 2014. The external
auditor also identified some key areas for improvement:
- risk management, which was introduced
across the Organisation in 2014 under the auspices of the Directorate
of Internal Oversight (DIO). Risk registers have been set up in
each Major Administrative Entity. The auditor recommends that this
matter be entrusted to a unit with a managerial role, with the DIO
continuing to provide support and advice on the preparation and
use of the Organisation's strategic risk register;
- the physical inventory, for which the auditors recommend
rethinking the basic concept underlying the Council of Europe’s
practices. Indeed, such inventories are not made in the manner stipulated
in the Financial Regulations. To overcome this problem, the auditors
recommend establishing a centralised asset management system so
as to standardise physical inventory policies, registers, quality
accounts, supervision and training. To this end, they suggest that
appropriate support in terms of IT hardware and software be given
to the teams who carry out the inventory checks;
- accounting for inventories at the European Directorate
for the Quality of Medicines (EDQM), which should be adapted to
comply with IPSAS;
- the introduction of a more automated method for preparing
the Council of Europe’s financial statements.
5. Regarding the audit for 2015, as well as analysing the Council
of Europe’s financial statements, the external auditor carried out
three performance audits on financial information management, fixed
asset management, and the usability and reliability of WebFocus
(the financial data processing and reporting application). The auditor
also carried out three financial audits concerning three Council
of Europe programmes financed with extra-budgetary contributions:
the immediate measures package for Ukraine (PIMU); confidence-building
measures for the Transnistria region of the Republic of Moldova,
and the programme “Strengthening the independence, efficiency and
professionalism of the judiciary in Ukraine”.
3. 2015
6. Combating terrorism was a priority
throughout 2015. After the Paris terrorist attacks at the beginning
of January 2015, the Ministers’ Deputies took several decisions
on 21 January concerning the Council of Europe’s action to counter
the radicalisation that leads to terrorism. In particular, they
adopted the mandate of a Committee on Foreign Terrorist Fighters
and Related Issues, tasked with preparing a draft additional protocol to
the Council of Europe Convention on the Prevention of Terrorism
(CETS No. 196). Against this backdrop, the Assembly adopted several
resolutions and delivered an opinion on the draft protocol which
the Committee of Ministers adopted at its session on 19 May 2015
and which was opened for signature in Riga, Latvia, on 22 October
2015 (CETS No. 217). The Committee of Ministers also approved a
statement and an action plan on countering violent extremism and
the radicalisation that leads to terrorism, aimed at preventing
and combating radicalisation through concrete measures in the public
sector, especially in schools and prisons, and online.
7. The democratic security of Ukraine is another important issue
that received close attention in 2015. In particular, in January
2015, the Committee of Ministers approved a 2015-2017 action plan
to support human rights, rule of law and democracy reforms in Ukraine.
Mention should be made here of the Ukrainian President’s decision
to set up a constitutional commission in which the Council of Europe
participates. The challenge is to make speedy progress with reforms
on decentralisation, the judicial system, electoral law, anti-corruption
measures and human rights protection. The Assembly examined several
aspects of the conflict in Ukraine, including human rights angles.
8. With regard to other important events, it can be noted that,
on 25 March 2015, the Committee of Ministers opened the Council
of Europe Convention against Trafficking in Human Organs (CETS No.
216) for signature, following an international conference on the
issue in Santiago de Compostela, Spain. On that occasion 14 member
States signed the convention. On 11 May 2015, the Committee of Ministers
launched a new European Day for the Protection of Children against
Sexual Exploitation and Sexual Abuse, celebrated in the Council
of Europe’s member States on 18 November, and invited all governments,
parliamentarians, non-governmental organisations (NGOs) and people
working with children to take this day on board through concerted
action against such crimes.
9. In budgetary matters, the most important news was the Turkish
Foreign Minister’s announcement, on 6 January 2015, confirming Turkey’s
commitment to becoming a major contributor in 2016. This was formally approved
by the Committee of Ministers in May 2015. This important decision
(representing almost €19 million of extra funding, all budgets combined)
aims to give the Council of Europe additional resources to fulfil
its mandate. Alongside this decision, the Committee of Ministers,
responding to Assembly
Recommendation
2072 (2015) on the allocation of seats in the Parliamentary Assembly
with respect to Turkey, adopted Resolution CM/Res(2015)7 amending
Article 26 of the Council of Europe Statute (ETS No. 1) so as to
increase the number of Turkish representatives in the Parliamentary
Assembly to 18.
10. Lastly, regarding co-operation, it can be noted that the Committee
of Ministers decided to approve the implementation of two action
and assistance plans for the 2015-2017 period concerning Bosnia
and Herzegovina and Albania, with part-funding through voluntary
contributions from member States.
11. In addition to issues linked to terrorism, the Assembly paid
particularly close attention to asylum and migration matters in
the light of the pressure on European States resulting from the
mass influx of refugees. The Assembly also passed an important resolution
on the reform of football governance. It elected several judges
to the European Court of Human Rights, and re-elected Ms Gabriella
Battaini-Dragoni as Deputy Secretary General, and Mr Wojciech Sawicki
as Secretary General of the Assembly. Lastly, it awarded its Václav
Havel Human Rights Prize to Ms Ludmilla Alexeeva (Russian Federation).
4. 2016
12. At the end of November 2015
the Committee of Ministers adopted the Organisation’s third biennial programme
and budget (for 2016 and 2017). As for the previous cycles, the
budget’s preparation took into account member States’ wish to apply
zero nominal growth. However, Turkey’s decision to become a major contributor
in 2016 meant the Council of Europe received substantial additional
resources, allowing it to increase its investment and operational
capacities and consolidate its action.
13. Guaranteeing the continued effectiveness of the system underpinning
the European Convention on Human Rights (ETS No. 5) is a matter
of particular concern for the Committee of Ministers, especially
the follow-up action in response to the principles laid down in
the Interlaken, Izmir, Brighton and Brussels declarations. The efforts
made through the implementation of Protocol No. 14 to the Convention
(CETS No. 194) and other measures have brought about a significant
reduction in the number of cases pending before the European Court
of Human Rights. The Committee of Ministers also endorsed a number
of proposals from the Steering Committee for Human Rights (CDDH)
regarding the authority of the Convention, the Court and its judgments,
and the position of the Convention system in the European and international
legal order.
14. The Committee of Ministers approved two new action strategies
in 2016. The first concerns Internet governance (2016-2019), the
aim being to rise to challenges relating to human rights, democracy
and the rule of law in a rapidly evolving online environment. The
second strategy concerning the rights of the child (2016-2021) was
launched at a high-level conference in Sofia on 5 and 6 April 2016,
at which the Assembly was represented.
15. In respect of co-operation, and in response to the different
challenges facing member States, the Committee of Ministers adopted
an array of multi-annual thematic action plans including the action
plan to “Strengthen the independence and impartiality of the judiciary”
launched in Sofia in April 2016 at a high-level conference of justice
ministers, and the action plan on inclusion of Roma and Travellers
(2016-2019), following the creation of a Roma Institute for Arts
and Culture (ERIAC) due to be opened in Berlin. With regard to the fight
against terrorism, the Committee of Ministers adopted a specific
action plan on transnational organised crime (2016-2020), as well
as guidelines for prison and probation services on radicalisation
and violent extremism.
16. Among the other decisions adopted by the Committee of Ministers
in 2016, mention must be made of the adoption of the Council of
Europe Convention on Cinematographic Co-Production (revised) (CETS No. 220),
which seeks to encourage the development of film co-production at
an international level. The opening for signature of the Council
of Europe Convention on an Integrated Safety, Security and Service Approach
at Football Matches and Other Sports Events (CETS No. 218), and
the opening for ratification, acceptance or approval of the Protocol
amending the European Landscape Convention (CETS No. 219), also took
place.
17. Still in the field of standard setting, the international
reach of the Council of Europe’s treaties is to be welcomed, notably
with Costa Rica’s membership of the European Commission for Democracy
through Law (Venice Commission) and India’s application to accede
to the Convention on the Transfer of Sentenced Persons (ETS No.
112), as well as Cape Verde’s application to accede to the Convention
for the Protection of Individuals with regard to Automatic Processing
of Personal Data (ETS No. 108).
18. The migrant crisis and refugee situation in Europe took up
much of the Parliamentary Assembly’s 2016 session. The President
of the Assembly also launched a new initiative with the hash tag
#NoHateNoFear, mentioned in thousands of tweets. 2016 was also a
busy election year at international level, with the Assembly observing
presidential and legislative elections in 11 member and non-member
States. Lastly, the Assembly awarded its Václav Havel Human Rights
Prize to Ms Nadia Murad, a young Yezidi woman from the north of Iraq.
19. The Assembly’s co-operation activities gathered pace in 2016
thanks to the €751 000 in voluntary contributions that it received
for all of its work (including €250 000 for action plans in Bosnia
and Herzegovina and Albania). These funds made it possible to hold
over 20 themed seminars or parliamentary conferences on top of the
regular meetings of parliamentary networks (sexual violence against
children, violence against women, and parliamentary alliance against
hate). We should take this opportunity to thank the member States and
institutions that provide regular support for the Assembly’s co-operation
activities.
5. Priorities for 2018-2019
20. In his speech to the Assembly
on 24 January 2017 entitled “Understanding populism and defending European
democracies”, the Secretary General of the Council of Europe, Mr Thorbjørn
Jagland, identified three priority challenges which the Council
of Europe must take up:
- respond
to the populist threat, by giving European citizens effective parliaments,
vibrant and plural media, courts in which they can trust, a civil
society that offers them the means to act, and, what is key, social
rights in the fields of employment, health care and education, all
within inclusive societies;
- protect the rights of migrants and refugees through action
by all Council of Europe bodies. In this connection, it is regrettable
that the Council of Europe no longer has an intergovernmental committee responsible
for these issues;
- combat terrorism by focusing initiatives on its funding,
particularly through trafficking of cultural artefacts, which the
Secretary General denounces as a trade in “blood antiquities”.
21. All of our activities must moreover go hand in hand with the
creation of a coherent Europe-wide system of human rights protection
and reinforced co-operation with member States to combat terrorism,
while ensuring that they do not adopt measures which conflict with
the principles of the European Convention on Human Rights and the
case law of the Court.
22. To provide a response to the challenges mentioned by the Secretary
General, the Council of Europe will also have to develop its work
in the field of social rights, the aim being to combat ever-widening
social and economic inequalities in Europe. The programme of activities
of the next biennium must reflect this priority. In this connection,
the Council of Europe should support all initiatives aimed at making
the European Social Charter the foundation underlying the European
Union’s social pillar, so as to help build a more harmonised, social
and inclusive Europe.
23. The Council of Europe’s work programme should also build on
the Resolution adopted by the United Nations General Assembly on
25 September 2015, “Transforming our world: the 2030 Agenda for
Sustainable Development”, which sets 17 sustainable development
goals, at least eight of which are consistent with the Council of
Europe’s priorities in the areas of human rights, health care, education,
equality and justice.
24. In implementing its action and activities, the Council of
Europe can rely on three drivers:
- setting
of standards, whether binding or not, and development of good practices
(the conventions and their protocols, the recommendations and resolutions
adopted by the Committee of Ministers, with the support of the representative
bodies – the Parliamentary Assembly and the Congress of Local and Regional
Authorities);
- monitoring activities provided for in the conventions
(European Court of Human Rights, Group of States against Corruption
(GRECO), Group of Experts on Action against Trafficking in Human
Beings (GRETA), Group of experts on action against violence against
women and domestic violence (GREVIO), European Commission against
Racism and Intolerance (ECRI), European Committee of Social Rights, etc.),
ensuring the honouring of the commitments entered into by the States
Parties to those conventions;
- co-operation and technical assistance carried out in the
field to assist States in need of help in order to incorporate and
implement in practice the standards laid down by the Council of
Europe.
25. Since taking office in 2009, the Secretary General of the
Council of Europe has carried out a whole package of reforms to
revitalise the Organisation and give it fresh political impetus.
He has made a strategic choice in strengthening technical assistance
and treaty-based monitoring. This choice has raised the visibility of
the Council of Europe's work in the field, and helped to offset
the stagnation of the Ordinary Budget through substantial extra-budgetary
resources. This policy has also contributed to the strengthening
of ties between the Council of Europe and the European Union.
26. By drawing up specific action plans, the Council of Europe
has been able to provide a targeted number of countries, in particular
in eastern Europe and South-East Europe, with substantial assistance
to enable them to bring themselves into line with the requirements
of both the Council of Europe and the European Union. However, the
weakness of this strategy lies in the fact that it focuses attention
and resources on a limited number of member States. Yet the role
of the Council of Europe is to cater for the needs of 47 European
States. Fully restoring this role would entail stepping up intergovernmental
co-operation, that is to say bringing together the best national
experts and asking them to propose concrete solutions to the various
challenges facing European States.
27. Technical assistance has certainly been a means of attracting
extra-budgetary resources and has – albeit only partially – offset
the effects of the zero nominal growth imposed by member States
since 2014. However, these extra-budgetary resources have mainly
been used to finance expenditure on assistance programmes, and only
to a small extent or not at all the Organisation’s corporate needs,
namely property investment, security, upgrading IT systems, intergovernmental
co-operation and running statutory bodies and central services.
28. Lastly, the standard-setting pillar – the historic heart of
the Council of Europe and of intergovernmental co-operation – has
taken something of a back seat in relation to assistance programmes.
As a result of the fewer financial resources available for intergovernmental
co-operation, there has been a reduction in the number of steering
committees (fewer committees with broader terms of reference) and
in their meetings (one or two a year). If we want the Council of
Europe to be able to put forward concrete policies by means of which member
States can rise to current challenges, a reinforcement of this co-operation
will have to be envisaged.
29. Between 2013 and 2017, member States' contributions to the
Ordinary Budget remained stable or, for some countries, decreased.
In contrast, Turkey, by deciding to increase its contribution to
the budgets of the Council of Europe for the 2016-2017 biennium
(Ordinary Budget, Pension Reserve Fund and extraordinary budget),
gave the Organisation more breathing space, enabling it to meet
certain of the corporate costs referred to above.
30. Since the member States' decision to apply zero growth (first
in real terms and then in nominal terms) to the Council of Europe's
budget, the Assembly has regularly suggested a change to the Financial
Regulations so that the unexpended balance from the previous financial
year can be made available to the Organisation, and no longer be
returned to member States. This request has not been granted, but
some States (20 in 2015) have nonetheless made all or part of their
share of the unexpended balances available to the Council of Europe,
thus allowing the Secretary General to reallocate them to the needs
of the European Court of Human Rights and the financing of various
action plans.
31. So as to once again give the Council of Europe the means to
function properly, and with a view to holding a 4th Summit of Heads
of State and Government of Council of Europe Member States (in 2019),
member States should be able to revert to real budget growth. In
a period of low inflation, and given the current application of
the Financial Regulations concerning the use of unexpended balances,
a return to real growth does not require an insurmountable effort
from the vast majority of member States.