INFORMATION REPORT on the second summit of Heads of State and Government of the Council of Europe

Strasbourg, 27 October 1997 AS/Pol (1997) 29

s:\pol97\docs\adoc2997.doc

POLITICAL AFFAIRS COMMITTEE

INFORMATION REPORT on the second summit of Heads of State and Government of the Council of Europe

(Strasbourg, 10-11 October 1997)

Rapporteur: Mr Martínez (Spain, SOC)

___________________________

I. Introduction

II. Attendance

III. Final Declaration and Action Plan

IV. Additionals Proposals

V. Bilateral Meetings

VI. Conclusions

I. Introduction

1. This report aims at providing the Assembly with factual information on the Second Summit. A full report and evaluation will be presented, for debate, at the next part-session.

2. The Second Council of Europe Summit of Heads of State and Government, which took place in Strasbourg 10-11 October 1997, was a unique event. It brought together, for the first time, the highest political representatives of the Council's 40 member States and four states which have requested such membership, virtually the whole of Europe.

3. The summit resulted in a Final Declaration and a Plan of Action (distributed separately), which reaffirmed the Council of Europe's fundamental values and its specific role, confirmed member States' readiness to comply with their commitments and obligations, and set fresh priorities and new tasks.

4. The summit also created the momentum for a number of ratifications, which enabled important legal instruments such as the Protocol No. 11 to the European Convention on Human Rights, setting up the single Court, and the Framework Convention on National Minorities to enter into force.

5. Numerous bilateral meetings contributed to the impact of the summit. The over 1300 registered journalists gave the Council of Europe extensive coverage in the European media.

6. The summit was the direct result of an initiative launched by President Fischer in March 1996. In September 1996, the Parliamentary Assembly adopted Recommendation 1303 proposing that a second Council of Europe Summit be held in Strasbourg. In November 1996 the Committee of Ministers agreed on holding of a second summit, following President Chirac's willingness to host the event.

7. The Assembly adopted two further recommendations (Rec. 1324 in April 1997 and Rec. 1342 in September 1997) containing many specific proposals. The majority of those were included in the Final Declaration and the Plan of Action, also thanks to the excellent co-operation between the Assembly and the ad hoc Working Party of the Ministers' Deputies, chaired by Ambassador Warin of France.

8. In his opening address, President Chirac paid tribute to the Assembly's particular role in preparing the summit.

9. Finally, the excellent organisation by the French authorities very much contributed to the summit's success.

II. Attendance

10. The importance of the event was demonstrated by the fact that all member States and four candidate States attended at the level of Head of State (24 states) or Government (19 states) or both (France).

11. Only two European States were not represented: Belarus following the suspension of its Parliament's Special Guest Status with the Parliamentary Assembly and the Federal Republic of Yugoslavia.

12. The Observer States (Canada, Japan and the United States of America) were also represented, as well as the Holy See. The European Commission and the OSCE were represented at the highest level.

13. In addition to President Fischer, who made the third introductory statement (see annex), the other members of the Assembly's ad hoc Committee on the Second Summit also participated. The Assembly was continuously represented on the Presidential rostrum.

III. Final Declaration and Action Plan

14. The majority of the Assembly's proposals (in Recommendations 1303, 1324 and 1342) were, either fully or partially, included in the Final Declaration and Action Plan. The Assembly very much insisted that the Action Plan be consistent with the Final Declaration. However, it is to be noted that a number of items were only included in the Declaration and not the Action Plan. Consequently, no immediate concrete measures are envisaged on the following issues raised in the Declaration only:

a. Human rights and democracy:

- universal abolition of the death penalty,

- prevent and combat torture and inhuman or degrading treatment or punishment,

- equality of opportunities between men and women,

- the fundamental role of the institutions of local democracy,

- support of democratic development.

b. Social cohesion:

- common and balanced approach to questions relating to refugees and asylum seekers,

- protection due to victims of conflicts,

- protection of the rights of lawfully residing migrant workers.

c. New threats to democracy:

- combat violence against women,

- improve the quality of life in disadvantaged areas.

d. Education and culture:

- the role of sport in promoting social integration,

- encouraging understanding between the citizens of the North and the South.

15. The Action Plan is clearly much less ambitious than the Final Declaration. Furthermore, no additional funding was decided. It is clear that without additional resources, it will not be possible to carry out all the action decided. The ultimate success of the summit will, of course, depend on the follow-up to be given to the Declaration and the implementation of the Action Plan.

16. The Assembly should ensure that it remains as closely involved in the overall follow-up and implementation of the Action Plan as it was in the preparation of the summit.

IV. Additional proposals

17. In addition to the Final Declaration and the Action Plan, participants, in their speeches, made concrete proposals for action. These included:

- a call for new legal instruments, such as a European Convention on Refugees and Asylum Seekers, a Framework Convention on Racism and a Framework Convention on the Immunity of Members of Parliament and Civil Servants and a Code of Ethics for Civil Servants;

- a proposal to include member States' "scores" in terms of ratification of Council of Europe conventions in the monitoring procedure;

- an enhanced role of the Secretary General in the monitoring procedure.

18. As regards the future role of the Council of Europe, proposals were made to establish a Charter of European Security, setting out the tasks of European institutions. Further analysis on the specific roles of the Council of Europe and the OSCE was also called for. Moreover, the Council of Europe's role in encouraging sub-regional integration, notably among the Mediterranean, Black and Caspian Sea was stressed. Furthermore, the proposal was made to create within the Council of Europe a mechanism for preventive humanitarian diplomacy.

19. Finally, several speakers recognised that present resources are insufficient to meet the Council of Europe's goals and obligations and recalled that words had to be matched by deeds.

V. Bilateral meetings

20. The Summit also provided an opportunity for bilateral meetings, of which at least 120 took place. For instance:

- France, Germany and Russia announced that they would hold annual summits to co-ordinate policies;

- Russia, following the award of the 1997 Peace Prize to the International Campaign to Ban Landmines (ICBL), indicated that it was prepared to adopt a ban;

- Armenia and Azerbaijan agreed to continue searching for a peaceful solution to the Nagorno-Karabakh conflict;

- Spain and the United Kingdom announced further talks on the Gibraltar issue.

VI. Conclusions

21. As demonstrated by the level of attendance, the Final Declaration and the Action Plan, the results of the bilateral meetings and the coverage it received, the Summit came at the right time. It clearly gave the Council of Europe new political impetus and set concrete tasks, many of them to be accomplished before the Organisation's 50th anniversary in 1999.

22. The Assembly's role, both in taking the initiative and in making a major contribution to the final texts, was publicly acknowledged, notably by President Chirac.

23. Many of the Assembly's proposals were in fact included in the Final Declaration and/or the Action Plan. However, the Action Plan is clearly much more limited than the Declaration. Even so, additional financial resources were not pledged, although several participants recognised that existing means are insufficient.

24. The Assembly should remain closely involved in the follow-up to the Summit. A full evaluation and proposals will be presented to the Assembly at its next part-session.

ANNEX

Strasbourg, 9 October 1997

Address by Mrs Leni Fischer MdB

President of the Parliamentary Assembly

at the Second Council of Europe Summit

Strasbourg, 10-11 October 1997

Your Excellencies,

Ladies and gentlemen,

I am naturally very pleased to be here to pass on the greetings of the Parliamentary Assembly. We would extend special thanks to our hosts, President Jacques Chirac and the city of Strasbourg. Thank you all for attending today. Your presence demonstrates your personal commitment to the Council of Europe.

Our aim is peace and security in a united Europe. Europe is an imposing construction, but it needs a solid foundation. This foundation is provided by democracy and human rights in a pluralist society governed by the rule of law. These are the principles defended by the Council of Europe.

Our meeting today is somewhat like a European "family reunion", because the Council of Europe is a pan-European association in which 40 member States are currently defending common values. Four further States which would like to join our family are also represented here. This does not apply to Belarus, for reasons of which we are well aware.

Another absentee is the Federal Republic of Yugoslavia, where the general situation is very disturbing.

The Strasbourg Summit is an opportunity for giving fresh top-level impetus to the Council of Europe.

This means that it follows directly on from the Vienna Summit, where the Heads of State and Government mandated the Council of Europe to provide the political structure in which the European States can work together on an equal footing towards democratic security. However, we now need new, clear guidelines for the future. This was one of the reasons why the Parliamentary Assembly suggested organising a second Summit, and why we are expecting concrete decisions from it.

What is the Assembly's main preoccupation?

First of all:

The enlargement of the Council of Europe has made it the defender of human and civil rights in the whole of Europe. Its main strength comes from its legislative authority in the field of human rights and democracy. This profile must be preserved and intensified. The new Single Court is a milestone, and a whole series of comprehensive conventions protecting human rights and minorities, social rights and human dignity have been devised.

The next step is to ensure that the member States keep their word and transpose the Council of Europe's principles into their legislation.

Secondly:

Unfortunately our Organisation's principles are not always universally respected. That is a matter of common knowledge. There are constant violations of human rights in our member States, and even torture and executions. The separation of powers continues to be infringed, the press is muzzled, minorities are oppressed, freedom of religion is flouted and opposition parties are the subject of undemocratic attacks. We cannot just sweep such facts under the carpet in order to retain "family harmony". Families must be able to speak the truth, and the truth sometimes hurts. This is our approach in the Parliamentary Assembly, and it should also be possible at this Summit.

An essential means of implementing the Council of Europe's principles and thus preserving its credibility and authority is the monitoring process, to which all member States are subject. No country can be allowed "static membership" of the Council of Europe: all members must continue to develop and honour their commitments. Monitoring provides the relevant critical dialogue to that end.

The Assembly has made great progress in the area of monitoring. However, we must aspire to even greater effectiveness, and sometimes greater clarity. The Council of Europe has very strict limits which cannot be overstepped with impunity. In fact, I get the feeling that we need to make good certain shortcomings in this crucial area of international relations. The participants at this Summit must move the monitoring process forward by undertaking formally and personally to co-operate actively in the process, in both the Committee of Ministers and the Parliamentary Assembly.

Thirdly:

In the past the Council of Europe was known as the "club of the western democracies". Nowadays we have members which have yet to construct and strengthen their democratic institutions. We must ensure compliance with our principles not only by threatening possible sanctions but also by providing practical assistance. This means decisively reinforcing the co-operation programmes, including those shared with the European Union.

Fourthly:

All organisations operating in Europe must be considered as equal partners. No single body can claim sole responsibility for co-ordination. The respective executive committees must decide on the practicalities of co-operation through consultation procedures. Greater use should be made of the experience and possibilities of the Council of Europe for such co-operation, particularly that with the European Union and OSCE. For the past eight years the Council has been conducting the preliminary political and legal work in the new member States which is vital for their subsequent admission to the EU. Would it not be sensible to fall back on the Council of Europe's experience and the outcome of its monitoring procedures in the European Union's discussions on enlargement?

In fifth place:

The Council of Europe must provide responses to the urgent problems of modern societies.

Top of the agenda is the protection and promotion of social rights. Much greater use should be made of the possibilities of the highly efficient Social Development Fund in the social field.

Another very important issue is the security of the citizen and therefore the fight against crime.

We must also deal with public concern in the fields of biomedicine and information technology.

We must firmly reject xenophobia, racism and intolerance of persons holding different opinions.

Greater attention must be paid to protecting the individual, particularly children and young people, as the most vulnerable members of our societies.

This also applies to equal participation by men and women in political, social and economic life. Perhaps more than one woman will be able to speak at the next Summit.

In sixth place:

The current conditions and challenges facing the Council of Europe require a corresponding degree of structural reform. This is one of the resolutions adopted at the Vienna Summit which has unfortunately not yet been implemented. In a situation where fixed costs remain high, the enlargement of the Council of Europe and the increasing numbers of new tasks cannot be catered for unless additional resources are made available.

I consider that it is more than high time the Assembly was granted the most obvious of all parliamentary rights, namely the right to control its own budget. In recent years the Parliamentary Assembly has proved to be the real driving force behind the Council of Europe. The Assembly demands the right to give an opinion on new draft conventions, on a mandatory basis and not optionally, as has been the case hitherto.

Now that the Committee of Ministers has 40 member States, we need to introduce ongoing political dialogue on topical issues. The relevant procedures must be expedited so that we can act quickly in crisis situations.

I would appeal to the Heads of State and Government of our member States to sustain their commitment to the Council of Europe and set the course for our future development. I would ask you, as our highest democratically elected representatives, to make full use of the Council of Europe, because the whole of Europe, united around law and democracy, is our shared destiny. In pursuing this goal you can rely on our support as parliamentarians.

Excellencies, ladies and gentlemen, thank you for your attention.