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Reply to Recommendation | Doc. 14501 | 16 February 2018
Parliamentary scrutiny over corruption: parliamentary cooperation with the investigative media
1. The Committee of Ministers has carefully
examined Parliamentary Assembly Recommendation 2106 (2017) on “Parliamentary
scrutiny over corruption: parliamentary co-operation with the investigative
media”. It has transmitted the recommendation to the Group of States
against Corruption (GRECO), to the European Committee on Legal Co-operation
(CDCJ), to the Steering Committee on Media and Information Society (CDMSI)
and to the Steering Committee for Human Rights (CDDH), for information
and possible comments.
2. The Committee of Ministers recalls that the fight against
corruption is a high priority for the Organisation. In this context,
it underlines the important link between anti-corruption measures
and human rights protection and shares the views of the Parliamentary
Assembly regarding the need to enable an environment in which anti-corruption
initiatives can succeed. It considers that the Council of Europe
could explore further avenues in this respect while noting that
transparency and accountability are crucial and that adequate tools
need to be in place for society to be made aware of, and engaged
in, the prevention of and the fight against corruption. In this
respect, civil society empowerment, including the media, is also
an essential element for the legitimacy and effectiveness of anti-corruption
activities.
3. Regarding firstly transparency and access to information,
the Committee of Ministers recalls that freedom of expression and
the right to receive and impart information as its inherent element
are fundamental rights that underpin an informed public opinion,
public debate and transparency in public affairs. It acknowledges
that access to public documents is a powerful tool for enhancing
transparency and accountability of governments, strengthening anti-corruption
safeguards and raising public awareness about governments’ performance.
4. Taking note of paragraph 2.1 of the Assembly recommendation,
the Committee of Ministers recalls the relevance of the Council
of Europe Convention on Access to Official Documents (CETS No. 205)
and considers that priority should be given to promoting ratification
of this instrument.
5. With regard to the second issue relating to the protection
of whistle-blowers raised in paragraph 2.2 of the recommendation,
the Committee of Ministers recalls that it is rooted in the jurisprudence
of the European Court of Human Rights on Article 10 of the European
Convention on Human Rights. The Court has consistently held that,
in a democratic system, the acts and omissions of government must
be subject to close scrutiny not only of the legislative and judicial
authorities but also of the media and public opinion. The public’s
interest to have access to information can sometimes be so strong
as to override even a legally imposed duty of confidence.
6. In addition to Recommendation CM/Rec(2014)7 on
the protection of whistleblowers mentioned by the Assembly, the
Committee of Ministers recalls CM/Rec(2015)5 on
the processing of personal data in the context of employment, which
provides that where employers implement internal reporting mechanisms
the confidentiality of whistleblowers should be ensured as well
as the protection of personal data of all parties involved, as well
as CM/Rec(2016)4 on
the protection of journalism and safety of journalists and other
media actors, which requires that whistleblowers alongside with
other media actors have access to protective measures when they
are threatened. It further recalls its Declaration on the protection
of freedom of expression and freedom of assembly and association
with regard to privately operated Internet platforms and online service
providers (2011), which draws attention to the need to protect a
variety of contributors in the public debate within a digital context
and of the public value of alternative voices in the digital environment.
7. Taking this into account, the Committee of Ministers notes
that there is a rich body of standards covering various aspects
of the protection of whistleblowers and, like the Assembly, underlines
the need for implementation at national level. In this respect,
it encourages member States to conduct a self-assessment of their
legal provisions to identify the effectiveness of domestic implementation
and possible implementation gaps. Regarding the Parliamentary Assembly’s
specific suggestion in paragraph 2.2, the Committee of Ministers
considers that, given the relatively short period of time (approximately
3 years) which has elapsed since the adoption of the Recommendation CM/Rec(2014)7,
it is premature to review the follow-up given to it by member States.
It would point out in this respect that activities for promoting
and supporting the implementation of this recommendation are undertaken
by the CDCJ.
8. Finally, with regard to paragraph 2.3, the Committee of Ministers
recalls that the CDCJ is, in particular, responsible for (i) facilitation
of co-operation and understanding between member States within its
areas of competence; and (ii) provision of legislative advice, training
and awareness-raising to national authorities and other relevant
bodies relating to public interest disclosures and the protection
of whistleblowers. In this perspective, the Committee is ready to
respond to any request for technical assistance from member States, subject
to available resources.