| Parliamentary Assembly Assembl�e parlementaire |
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Annual Report on all procedures for the monitoring of compliance with commitments in the framework of the Council of Europe
Doc. 10181
6 May 2004
Motion for a recommendation
presented by Mr Bindig and others
This motion has not been discussed in the Assembly and commits only the members who have signed it
1. The Parliamentary Assembly, referring to the Declaration on Compliance with Commitments by Member States of the Council of Europe (adopted by the Committee of Ministers on 10 November 1994 at its 95th Session), stresses that it is the vocation of the Council of Europe to promote democratic security in Europe, and in particular to guarantee compliance with commitments to democracy, human rights and the rule of law accepted by the member states under the Council’s Statute, the European Convention on Human Rights and other legal instruments.
2. The Assembly, referring to its Resolution 1260 (2001), welcomes the Council of Europe’s efforts to ensure that the obligations and commitments from states’ membership of the Organisation are fully honoured at every level by all member states and encourages initiatives to further strengthen the monitoring of compliance as well as to provide for coherence.
3. The Assembly, referring to its Resolution 1115 (1997) reasserts that its monitoring procedure plays a critical role in assisting member states in fulfilling their obligations. The proceedings by the Monitoring Committee provide for transparency and accountability. The open and transparent character of the proceedings ensures that any serious deficiencies in compliance will be addressed and the member states feel the need to bring national legislation and practice into line with the standards established by the Council of Europe.
4. The Assembly recalls that besides the activities of its Monitoring Committee, monitoring takes place by the Committee of Ministers, the Congress of Local and Regional Authorities, the European Court of Human Rights and by various treaty bodies. It is concerned that it is getting difficult even for experts to keep track of all the activities in this field.
5. The Assembly notes that monitoring procedures – both legal and political – have expanded significantly and rapidly within the Organisation. As the different institutions work in parallel there is a risk of duplication or even contradictory assessments and recommendations. The Assembly is worried that if the current trend continues, not only the visibility but also the effectiveness of the monitoring by the Council of Europe may be affected negatively.
6. The Assembly considers its and the Committee of Ministers’ monitoring procedures to be complementary. It welcomes that the Committee of Ministers in 1998 resolved to improve co-operation, inter alia, by holding one Joint Committee meeting per year and establishing a confidential dialogue but it considers that there is still considerable room for improvement.
7. The Assembly believes that there is a need for greater transparency on monitoring procedures within the Council of Europe. It has, therefore, ordered the Monitoring Committee to submit a progress report every two years in order to keep all the members informed of key developments. It considers that an overview of all the monitoring work in the Council would increase the efficiency of the individual bodies’ monitoring procedures and the overall effectiveness of Council activities by helping to avoid potential inconsistencies and to ensure clear guidance to member states.
8. The Assembly encourages public debate of findings of its monitoring procedures as it may contribute to the implementation of its recommendations. If countries are to make progress towards European standards of democracy and human rights, the public must not only know those standards but also the problems in their countries as well as proposals for reforms provided by the Council. Only then can the people effectively contribute to effort s aimed at meeting those very standards.
9. The Assembly recommends that the Committee of Ministers:
i. provides an overview of the activities and results of the monitoring of commitments to democracy and human rights in the Council of Europe, inter alia:
by the Parliamentary Assembly;
by the Committee of Ministers;
by the Congress of Local and Regional Authorities;
under the European Convention on Human Rights ( key decisions by the Court);
under the European Convention for the Prevention of Torture (CPT visits);
under the Framework Convention on National Minorities (advisory committee);
by the European Commission against Racism and Intolerance
under the European Social Charter (supervisory mechanism);
ii. resolves to compile an annual report on all procedures for the monitoring of compliance with commitments in the framework of the Council of Europe including summary descriptions of the subjects of deliberation, proceedings and key findings or decisions respectively.
Signed
[1]:
Bindig, Germany, SOC
Blankenborg, Norway, SOC
Etherington, United Kingdom, SOC
H�fer, Germany, SOC
Holovaty, Ukraine, LDR
McNamara, United Kingdom, SOC
Mercan, Turkey, EPP/CD
Severin, Romania, SOC
Severinsen, Denmark, LDR
Seyidov, Azerbaijan, EDG
Spindelegger, Austria, EPP/CD
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SOC |
Socialist
Group |