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Strasbourg 31 January 1992 Restricted
CM(92)20
COMMUNICATION ON THE ACTIVITIES
OF THE COMMITTEE OF MINISTERS
(September 1991 - January 1992)
STATUTORY REPORT
3rd Part of the 43rd Ordinary Session
of the Assembly
(3 - 7 February 1992)
I. Political Developments
II. European Convention on Human Rights and
European Social Charter
III. Implementation of the Intergovernmental Programme
of Activities
IV. Partial Agreements
V. Standing Conference of Local and Regional
Authorities of Europe (CLRAE)
VI. Conferences of Specialised Ministers
31 January 1992 Doc. 6552
COMMUNICATION ON THE ACTIVITIES
OF THE COMMITTEE OF MINISTERS
(September 1991 - January 1992)
STATUTORY REPORT
3rd Part of the 43rd Ordinary Session
of the Assembly
(February 1992)
I. Political Developments
II. European Convention on Human Rights and
European Social Charter
III. Implementation of the Intergovernmental Programme
of Activities
IV. Partial Agreements
V. Standing Conference of Local and Regional
Authorities of Europe (CLRAE)
VI. Conferences of Specialised Ministers
- i -
CONTENTS
Page
I. Political Developments 1
1. 89th Session of the Committee of Ministers 1
2. Accession of Poland to the Council of Europe 1
3. Relations with European non-member States 2
4. Programmes of co-operation with and assistance to
the countries of Central and Eastern Europe 3
5. The Yugoslav crisis 4
6. The situation in the former Soviet Union 5
7. Relations with the European Community 6
8. The Council of Europe and the CSCE 7
9. Other political questions 8
II. European Convention on Human Rights and
European Social Charter 10
1. European Convention on Human Rights 10
2. European Social Charter 22
III. Implementation of the Intergovernmental Programme
of Activities 24
Field I Democracy, Freedoms and the Fundamental
Rights of Human Beings 24
Field II Media and Communication 29
Field III Social and Economic Affairs 31
Field IV Education, Culture, Heritage and Sport 35
Field V Youth 43
Field VI Health 45
Field VII Environment and Regional Planning 46
Field VIII Local Democracy 49
Field IX Legal Co-operation 51
- ii -
Page
IV. Partial Agreements 58
1. Partial agreement in the social and public
health field 58
2. Pompidou Group 60
3. Social Development Fund 61
4. European Pharmacopoeia 62
5. European Support Fund for the coproduction
and distribution of creative cinematographic
and audio-visual works "EURIMAGES" 62
6. European Centre for Global Interdependence
and Solidarity 63
7. European Commission for Democracy through Law 64
8. Youth Cards 65
V. Standing Conference of Local and Regional
Authorities of Europe (CLRAE) 66
VI. Conferences of Specialised Ministers 70
A. Conferences held from 15 September 1991
to 15 January 1992 70
B. Forthcoming Conferences 77
VII. Action taken on texts adopted by the Assembly <*>
VIII. Texts adopted by the Committee of Ministers <*>
IX. Chart of signatures and ratifications of European
Treaties (covering the period between 6 September 1991
and 16 January 1992) <*>
Co-operation and assistance programmes with
central and eastern European countries
Annual report for 1991 <**>
<*> See Addendum I to the present Report.
<**> See Addendum II to the present Report.
I. POLITICAL DEVELOPMENTS
1. 89th Session of the Committee of Ministers
(Strasbourg, 26 November 1991)
The 89th Session of the Committee of Ministers was held in Strasbourg on 26 November 1991, with Mrs Margaretha af Ugglas, Minister for Foreign Affairs of Sweden, in the Chair.1
The Ministers observed that recent events, particularly in Central and Eastern Europe, have engendered very positive aspects despite the existence of a climate of uncertainty and tension. They emphasised the need to develop further the role of the Council of Europe as a rallying point and forum for co-operation in today's Europe. The Ministers pointed out that the Council of Europe was conceived to gather together the peoples of Europe on the basis of values - pluralist democracy, human rights, the rule of law - whose observance is the prime guarantee of stability and peace on this continent. It constitutes a directly available structure for reception and co-operation of which the countries of Central and Eastern Europe have an immediate need and in which they show a strong interest.
Bearing in mind these various factors, the Ministers wished to give a clear political signal and to set a precise course as regards the Council of Europe's readiness to face up to the new political tasks which fall to it. They considered several initiatives in this respect suggested in a memorandum by the Secretary General2. They also decided to go more deeply into certain suggestions made in the fundamental area of the protection of national minorities.
The Ministers also stressed the importance of continuing the political dialogue within the Committee of Ministers, with emphasis on the political aspects of European co-operation in general, and the Council of Europe's intergovernmental activities in particular.
2. Accession of Poland to the Council of Europe
On 6 November 1991 the Committee of Ministers acknowledged, in the light of the letter from the President of the Parliamentary Assembly to the Chairman of the Committee of Ministers dated 5 November 1991, that the Republic of Poland now fulfils all the conditions required to accede to the Statute of the Council of Europe and accordingly confirmed the invitation already issued to Poland to become a member of the Council of Europe and to accede to its Statute.
The accession of Poland to the Council of Europe was without doubt the highlight of the 89th Session of the Committee of Ministers on 26 November 1991. The Ministers warmly welcomed their Polish colleague, Mr Krzysztof Skubiszewski, and Poland's joining the great family of Europe's democratic countries.
3. Relations with European non-member States
a. Bulgaria
At the 89th Session the Ministers welcomed Bulgaria's application for membership and expressed the hope that it would be able to join the Council of Europe in the course of 1992.
Following its accession to the Cultural Convention, Bulgaria participates fully in all Council of Europe activities in the fields of education, culture, sport and youth. It continues to benefit from the assistance and co-operation programmes.
b. Estonia, Latvia and Lithuania
On 20 September 1991 the Committee of Ministers adopted Resolutions (91) 21 to 23 inviting the Parliamentary Assembly to express its opinion on the requests for membership from Estonia, Latvia and Lithuania3.
At the 89th Session the Ministers welcomed the applications from the Baltic States and hoped that these countries would be able to join the Council of Europe in the course of 1992. They exchanged views with their counterparts from Estonia, Mr Lennart Meri, Latvia, Mr Janis Jurkans, and Lithuania, Mr Algirdas Saudargas, on co-operation between the Council of Europe and these States.
Assistance and co-operation programmes with the Baltic States are being established.
c. Romania
On 8 January 1992 the Committee of Ministers adopted Resolution (92) 1 inviting the Parliamentary Assembly to express its opinion on Romania's request for membership4.
At the 89th Session the Ministers invited Romania to become a party to the European Cultural Convention. On 19 December 1991 the Minister for Foreign Affairs of Romania, Mr Nastase, deposited his country's instrument of accession to the Convention. Romania has now the possibility to participate fully in all Council of Europe activities in the fields of education, culture, sport and youth.
On 19 December 1991 the Ministers' Deputies held an exchange of views with Mr Nastase.
Romania was invited to take part as an observer in the work of the Steering Committee for Human Rights and several intergovernmental expert committees in the field of legal co-operation.
d. Albania
On 10 October 1991 the Committee of Ministers authorised the Secretariat to start implementation of the co-operation programmes with Albania and invited Albania to participate in the work of several steering committees as an observer.
Following Resolution No 3 adopted by the 17th Session of the Standing Conference of European Ministers of Education5 the Committee of Ministers instructed the Secretary General to take appropriate urgent measures in favour of Albania in the schools field. As part of the mandate, the Council of Europe plays a stimulating and co-ordinating role in the implementation of national measures of emergency aid for Albanian schools. As of now, several countries have already sent materials to Albania in the light of the list of needs expressed by the Albanian authorities and more aid will follow. The relevant information is being sent to all countries through the national advisers responsible.
The Committee of Ministers examined Assembly Recommendation 1171 (1991) on "Situation of hospitals in Albania: Priority needs of the Paediatric Institute of Tirana". Contact has now been made with the appropriate authorities in Albania and with the representations of Council of Europe member States in that country. The Secretariat has been instructed to take stock of the assessments carried out by the various international and European organisations and institutions of the different projects under way regarding hospitals in Albania.
On 11 December 1991 the Ministers' Deputies exchanged views with the Vice Minister for Foreign Affairs of Albania, Mr Marku.
4. Programmes of co-operation with and assistance to countries of Central and Eastern Europe
During the period September 1991 to February 1992, the geographical scope and the pace of the implementation of the programmes of co-operation and assistance with Central and Eastern European countries has accelerated considerably.
Since September 1991, the three Baltic States - Estonia, Latvia and Lithuania - are entitled to benefit from the programmes. Co-operation with Albania, which started in September 1991, is developing in a growing number of fields of activity. Co-operation has also intensified with Bulgaria and Romania.
On 8 October 1991 the Committee of Ministers decided to suspend all co-operation with the Yugoslav authorities. However, at a later stage, the Committee of Ministers allowed contacts and co-operation with individuals or non-governmental organisations in Yugoslavia, in particular in those Republics which are not directly involved in the armed conflict.
The establishment of working and co-operative relations with practically all countries of Europe turns a new page in the history of the Council of Europe and its co-operation programmes, which are now operating in a genuine pan-European dimension. The setting-up of co-operation programmes with all the countries of Central and Eastern Europe and the gradual integration of those countries into the structures and machinery of European co-operation are tangible and complementary signs of the Council's enhanced political role in bringing about a new Europe.
In reply to increasing requests from countries of Central and Eastern Europe, the Secretary General launched at the 89th Session of the Committee of Ministers on 26 November 1991, an initiative regarding two complementary co-operation programmes: a Legal Development Plan, and a Plan for Local Democracy. These plans would be more directly concerned with the questions of the training of those directly responsible for the running of new democratic institutions.
The expansion has naturally strained the budgetary resources. For 1992, the Committee of Ministers adopted a budget for Vote IX ("Co-operation and assistance with countries of Central and Eastern Europe") of 34 807 000 FF, which represents an increased of 100% compared with 1991.
The annual report6 gives detailed information on the implementation of the various programmes in 1991.
5. The Yugoslav crisis
On 8 October 1991 the Committee of Ministers decided to suspend co-operation with the Yugoslav authorities. It adopted a Declaration7 firmly condemning the seizure of the presidency of Yugoslavia, the abuses of power, the violence and breaches of ceasefire agreements which are committed by all parties in the conflict, as well as the flagrant violations of human rights of which the civilian populations are victims.
The Committee of Ministers recalled that no solution imposed by force can be accepted by the international community and appealed urgently to all concerned parties for an immediate and effective ceasefire. It recalled that any solution to the crisis in Yugoslavia should be based on the rule of law as well as the respect of fundamental rights and the rights of all those who live there.
The Committee of Ministers supported the efforts of the European Community and welcomed with hope the negotiations of the conference of The Hague with a view to a global and peaceful solution.
On 13 November 1991 the Committee of Ministers adopted a Declaration on the bombardments of Dubrovnik8. Bearing in mind the aims of the Council of Europe which include the protection of human rights and the safeguard of the common cultural heritage of Europe, the Committee of Ministers expressed its indignation at the continuation of the fighting and the bloodletting in Yugoslavia, despite repeated agreements on a ceasefire.
The Committee of Ministers strongly condemned the attacks that the Yugoslav army continued to direct against Dubrovnik and other Croatian towns, the violations of human rights, the use of force against civilian populations and the destruction of mankind's irreplaceable cultural and architectural heritage.
It reiterated its appeal to all parties involved for an effective ceasefire and reaffirmed full support for the efforts of the European Community to bring about a just and lasting solution in Yugoslavia.
At the 89th Session the Ministers expressed their most grave concern regarding the Yugoslav crisis and the continuation of the fighting. They condemned once again the seizure of control of the Yugoslav presidency as well as the abuses of power, the violations of human rights, and the use of force against the civilian population. They urged all the parties concerned to permit emergency humanitarian aid to reach the communities in need, and called for international solidarity in dealing with the serious problem of the influx of refugees in the countries bordering on Yugoslavia.
The Ministers confirmed their support for the efforts of the European Community, the CSCE as well as of the United Nations with a view to achieving a peaceful and comprehensive political solution. The Ministers made an urgent appeal to all the parties concerned to establish the conditions necessary for the immediate resumption of negotiations within the Hague Conference.
The Ministers reminded all the bodies concerned that the Council of Europe will make available, at the appropriate moment, its experience in human rights and the protection of minorities as well as the legal and constitutional fields. They affirmed their readiness to re-examine the Council of Europe's relationships with all Parties which co-operate in good faith in order to reach a peaceful solution to the crisis founded on the principles of pluralist democracy, respect for human rights and the rule of law.
On 8 January 1992 the Committee of Ministers expressed its deep shock and dismay at the attack by elements of the Yugoslav National Army on helicopters transporting monitors of the European Community as part of its inspection mission in Yugoslavia and of which the victims were nationals of member States of the Council of Europe.
The Committee of Ministers reiterated its support for the efforts of the United Nations as well as of the European Community and of its member States to create the conditions for a global political settlement thus permitting the complete end of the hostilities.
The Committee of Ministers examines at present the question of contacts and co-operation with the Republics which have been recognised by a large number of member States (Croatia, Slovenia).
6. The situation in the former Soviet Union
At the 89th Session on 26 November 1991 the Ministers resolved to extend the Council of Europe's contact and co-operation with the central authorities of the Soviet Union and, as appropriate, and within the limits of the powers of each, with the Republics embarking upon the road to democracy, the rule of law and the protection of human rights.
The Committee of Ministers is examining at present the relations to be established with the members of the Commonwealth of Independent States.
Russia was represented at the 3rd European Conference of Ministers responsible for the cultural heritage in Malta on 16 and 17 January 1992 and signed there the revised Convention for the Protection of the Archaeological Heritage of Europe.
7. Relations with the European Community
The 5th quadripartite meeting between the European Community and the Council of Europe took place in Strasbourg on 20 November 1991 with the participation, for the European Community, of Mr Hans van den Broek, Chairman of the Council of Ministers and Minister for Foreign Affairs of the Netherlands, and Mr David Williamson, Secretary General of the Commission; and for the Council of Europe, Mrs Margaretha af Ugglas, Chairman-in-office of the Committee of Ministers, Minister for Foreign Affairs of Sweden, Mr René Felber, Vice-Chairman of the Committee of Ministers and Head of the Federal Department of Foreign Affairs of Switzerland, as well as Mrs Catherine Lalumière, Secretary General.
The dramatic evolution of the situation in Yugoslavia and recent developments in the Soviet Union strongly influenced the outlook of the participants on the state of pan-European co-operation.
In the wake of the fall of Vukovar, the participants expressed their indignation at the continued fighting and the use of force against the civilian population. They vigorously condemned the attacks that the Yugoslav army is continuing to direct against other Croatian towns, particularly Dubrovnik, in spite of repeated agreements on a ceasefire.
The participants recalled the Committee of Ministers' decision, taken on 8 October 1991, to suspend co-operation with the Yugoslav authorities together with the declaration of the European Community Ministerial Meeting of 8 November 1991, in which the Community and its member States adopted a series of economic and political measures and sanctions with regard to Yugoslavia. They also recalled the decision of the Community and its member States to apply positive compensatory measures vis-à-vis parties which do co-operate in a peaceful way towards a comprehensive political solution on the basis of the European Community proposals.
They urged that the only end of the crisis is through negotiations in good faith between the parties, and not by recourse to force. They expressed their full support for the efforts being made within the European Community, the CSCE and the United Nations to arrive at a just and lasting solution in Yugoslavia.
The participants emphasised the urgency of providing humanitarian aid to the victims of the conflict, and asked all parties to allow this aid through without delay to the communities in need and the many people displaced as a result of the combats.
On the eve of Polish accession as the 26th member State of the Council of Europe, and the conclusion of agreements between the Community on the one hand, EFTA on the other, and several Central and Eastern European countries, the participants took stock of the evolution of pan-European co-operation. They underlined the importance of an accelerated integration of countries of Central and Eastern Europe in European co-operation structures in order to strengthen the development of political and economic reforms aimed at the establishment of both pluralist democratic institutions and a market economy. They agreed, with regard to coherence and efficiency, to co-ordinate assistance and co-operation actions with Central and Eastern European countries undertaken by the Council of Europe and by the Community, particularly in the framework of the G24, in which co-ordination is assured by the Commission. This complementarity of efforts could prove to be particularly useful in the field of training (lawyers, elected officials and staff of local authorities, teachers), relying upon the experience of the Council of Europe.
In this context, they welcomed with great interest the proposal of the Secretary General of the Council of Europe to set up a broad development plan for law. Such a plan would contribute to the affirmation of the rule of law, democracy and human rights, and thus to stability in Central and Eastern European countries.
The participants welcomed the victory last August of reforming forces, vigorously supported by the population, in the Soviet Union and expressed their determination to support the authorities of the Union as well as of the Republics in their will for democratic reforms, respect for human rights and economic reforms, through increased assistance and co-operation.
They noted with satisfaction that the Geneva and Moscow CSCE meetings, on national minorities and the human dimension respectively, led the participants to recognise the gravity of the problem of national minorities and the necessity of fulfilling the provisions of the CSCE human dimension, matters of legitimate international concern which consequently do not constitute an internal affair of the respective State.
Participants welcomed the agreement in principle between the European Community and the EFTA countries to set up, as of 1 January 1993, a European Economic Area uniting 19 countries. The creation of an EEA will give even more importance to the complementarity of co-operation between the Council of Europe and the Community.
On the eve of the Maastricht Summit, the participants held an exchange of views on prospects for the Summit and the possible implications of the future Treaty on the Union on relations between the Council of Europe and the Community.
8. The Council of Europe and the CSCE
Both the Council of Europe and the European Commission for Democracy through Law made a contribution to the Oslo CSCE seminar of experts on democratic institutions in November 1991. The Seminar was addressed by the Secretary General on 5 November 1991.
The Report to the CSCE Council from the Oslo Seminar states that the point was made by many participants that an office of democratic institutions should work closely with other institutions active in the field of democratic institution-building in order to avoid duplication of work. In this connection, certain experts underlined the relevant character of the role of the Council of Europe in the areas of the rule of law and the defence of human rights and the importance of taking account of its work, experience and extensive resources, particularly in the provision of expertise on democratic institutions in the arrangement of seminars and programmes on democratic practice, and as a source of information about activites, resources and needs in participating States, as well as that of the European Commission for Democracy through Law. Effective liaison between a CSCE office of democratic institutions and these institutions should be ensured.
The report continues as follows: "In the course of the Seminar a number of practical proposals for future co-operation with a view to strengthening democratic institutions were made. The hope was expressed that these could become the object of follow-up action in a bilateral or multilateral context, as appropriate. In this connection, reference was also made to programmes within the framework of the Council of Europe.".
At its 89th Session, the Ministers expressed their support for strengthening effective liaison with the CSCE with a view to making the best use of the Council of Europe's experience and capacity.
9. Other political questions
a. Relations with the USA
A visit of the Chairman of the Committee of Ministers, the President of the Swiss Confederation and Head of the Federal Department for Foreign Affairs, Mr René Felber and the Secretary General to the United States is scheduled to take place in February 1992.
On 19-20 June 1992 a Colloquy will be held in Strasbourg on "1992: Europe and North America, the dialogue of the new solidarities".
The United States were invited to appoint an observer to the European Commission for Democracy through Law.
b. Euro-Arab Seminar (14-15 November 1991)
A seminar on "Euro-Arab understanding and cultural exchange" was held on 14-15 November 1991 in Strasbourg, following an indication of the Swedish Chair of the Committee of Ministers. It was opened by Mrs B Friggebo, Minister for immigrations and cultural affairs of Sweden, Mr A Omran, Deputy Secretary General for international political affairs of the Arab League, and Mrs C Lalumière, Secretary General of the Council of Europe. The subjects were:
- The historical dimension of the Euro-Arab cultural dialogue;
- Contemporary Euro-Arab perceptions and communication; and
- Comparing mutual ideas and values for co-existence: the notion of democracy.
A certain number of proposals for a practical follow-up within the framework of the Council of Europe was made at the Seminar.
c. Institutional Role of the Council of Europe
At the 89th Session the Ministers asked their Deputies actively to pursue the study of the proposed reforms within their Working Party, in conjunction with the Parliamentary Assembly.
The Deputies' Working Party met several times. Some delegations submitted papers on the most important questions. These papers are now being examined.
d. Situation in East Timor
At the 89th Session the Ministers adopted a Declaration on East Timor strongly condemning the massacre perpetrated by the Indonesian armed forces9.
e. Programme and Budget for 1992
At the 89th Session the Ministers declared that the geographical enlargement and recent development of the Council of Europe as well as the need to contribute usefully and effectively to the process of democratic reform underway in the countries of Central and Eastern Europe, implied the provision of appropriate increased resources and in particular of those devoted to assistance and co-operation programmes for these countries, subject to strict budgetary control, as well as greater flexibility in the Organisation's working methods.
In accordance with this declaration, the Ordinary Budget for 1992 provides for an increase of 14.64% in nominal and 9.57% in real terms. The appropriations under Vote IX for the assistance and co-operation programmes have been doubled.
f. Exchange of views on the United Nations
On 23 January 1992 the Ministers' Deputies proceeded to an exchange of views on the United Nations with the participation of experts from the capitals.
The following subjects were treated:
46th Session of the General Assembly
1. General atmosphere
2. Main results
a. Resolution 46\86 revoking the 1975 Resolution equating zionism with racism
b. New Crime Commission
c. Co-ordinator for humanitarian assistance
Human Rights Issues
Review of the debates and results of the General Assembly and preparation of the forthcoming 48th Session of the Commission of Human Rights
1. World Conference on Human Rights
2. Proposals for future UN action
3. The protection of persons with mental illness and the improvement of mental health care
4. Human rights and extreme poverty
5. Elections
6. Minorities
7. The "human freedom index"
8. "Non-selectivity, impartiality and objectivity"
9. Financing of convention bodies
10. Specific human rights situation in certain countries.
II. EUROPEAN CONVENTION ON HUMAN RIGHTS AND EUROPEAN SOCIAL CHARTER
1. European Convention on Human Rights10
Signature
Poland signed the Convention on 26 November 1991.
Protocols to the European Convention on Human Rights
On 7 November 1991 Italy deposited its instrument of ratification of Protocol No. 7 to the European Convention on Human Rights. This instrument will enter into force on 1st February 1992 in respect of Italy.
On 15 January 1992 Norway was the first State to ratify Protocol No. 9 to the European Convention on Human Rights.
The text of Protocol No. 10 to the European Convention on Human Rights on the reduction of the two-thirds majority provided for in its Article 32 was adopted by the Committee of Ministers on 8 January 19921.
*
* *
Application of Article 54 of the European Convention of Human Rights
- THE LANGBORGER CASE
The case originated in an application against Sweden lodged with the European Commission of Human Rights on 7 September 1984 under Article 25 of the Convention by a Swedish national, Mr Rolf Langborger, who complained in particular that an action he brought concerning the terms of a lease was not heard by an independent and impartial tribunal.
In its judgment of 22 June 1989 the Court held inter alia, by seventeen votes to three that there had been a violation of Article 6, paragraph 1 of the Convention and by nineteen votes to one that Sweden was to pay the applicant the sum of 63 475 Swedish Crowns in respect of costs and expenses.
The Government of Sweden subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment:
"The Lease Review Boards and the Rent Review Boards Act 1973 and the 1974 Act concerning the Housing and Tenancy Court were amended on 30 May 1991. The amendments came into force on 1 July 1991. According to paragraph 5(a) of the 1991 Act amending the Lease Review Board and Rent Review Boards Act 1973 and according to paragraph 14 amending the 1974 Act concerning the Housing and Tenancy Court, the lay assessors who sit on the Rent Review Boards and in the Housing and Tenancy Court must be replaced by ordinary judges whenever there may be a conflict of interest. The sum of 63 475 Swedish Crowns awarded to the applicant by the Court was paid on 15 September 1989."
In Resolution DH (91) 25 of 27 September 1991, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
- THE AUTRONIC AG CASE
The case originated in an application against Switzerland lodged with the European Commission of Human Rights on 9 January 1987 under Article 25 of the Convention, by a Swiss company, Autronic AG, which complained of the refusal by the Swiss authorities to authorise the company to receive by means of a private dish aerial uncoded television programmes from a Soviet telecommunications satellite.
In its judgment of 22 May 1990 the Court held by sixteen votes to two that Article 10 applied and that there had been a breach of it and unanimously that Switzerland was to pay to the applicant company costs and expenses in the amount of 25 000 Swiss Francs.
Subsequently, the Government of Switzerland gave the Committee of Ministers the following information about the measures taken in consequence of the judgment of 22 May 1991.
"Ordinance No. 1 relating to the Federal Act of 14 October 1922 regulating telegraph and telephone communications was amended on 21 December 1990. The amended Ordinance came into force retroactively on 23 May 1990, i.e. the day following delivery of the Court's judgment.
According to section 78, sub-paragraph 1 (a) and (f) of the amended Ordinance, the community antenna licence entitles the holder to:
a. receive and rebroadcast through the local distribution network defined in the licence, radio and television programmes which comply with the provisions of the International Telecommunication Convention of 6 November 1982, of the International Radio Regulations, of the conventions and agreements concluded within the International Telecommunications Union and of the European Convention on Transfrontier Television of 5 May 1989;
f. retransmit, on the authorisation of the Department by virtue of section 28 of the Federal Decree of 18 December 1987 on satellite broadcasting, radio and television programmes retransmitted by satellite under a foreign licence.
Section 106 concerning the content of the broadcasting licence III entitles the holder to:
a. receive and retransmit television programmes received from foreign transmitters that comply with the provisions of the International Telecommunication Convention of 6 November 1982, of the International Radio Regulations, of the conventions and agreements concluded within the International Telecommunications Union and of the European Convention on Transfrontier Television of 5 May 1989;
b. retransmit, on the authorisation of the Department by virtue of section 28 of the Federal Decree of 18 December 1987 on satellite broadcasting, television programmes retransmitted by satellite under a foreign licence.
The sum awarded by the Court to the applicant company was paid on 25 June 1990."
In its Resolution DH (91) 26 of 18 October 1991 the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
- THE GRANGER CASE
The case originated in an application against the United Kingdom lodged with the European Commission of Human Rights on 5 December 1985 under Article 25 of the Convention by Mr Joseph Granger, a British national, who complained that he had been refused legal aid for his representation at a hearing of his appeal against conviction for perjury;
In its judgment of 28 March 1990 the Court inter alia held unanimously that there had been a violation of paragraph 3(c), taken together with paragraph 1, of Article 6 of the Convention, by four votes to three that the Government of the United Kingdom was to pay to the applicant £1 000 for non-pecuniary damage and unanimously that it was to pay £7 000 inclusive of value added tax, for legal costs and expenses;
The Government of the United Kingdom subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.
"The whole system for the administration of legal aid was reformed by the Legal Aid (Scotland) Act 1986 which came into effect on 1 April 1987. In particular, the former functions of the Legal Aid Committee of the Law Society of Scotland were transferred to the Scottish Legal Aid board.
The availability of legal aid in connection with an appeal against inter alia conviction is determined by section 25 of this Act and also by section 13 of the Criminal Legal Aid (Scotland) Regulations 1987.
As regards refusal to grant legal aid in connection with any criminal and justiciary appeals, the Scottish Lord Justice General circulated a Practice Note to all appeal court chairmen and clerks on 4 December 1990.
According to this Practice Note, in any appeal where legal aid has been refused and the Court considers that, prima facie, an appellant may have substantial grounds for taking the appeal and it is in the interests of justice that he should have legal representation in arguing these grounds, the Court will adjourn the hearing ex-officio, even if a request to that effect was not put forward by the appellant and make a recommendation to the Legal Aid Board that the decision to refuse legal aid should be reviewed.
The sums awarded to the applicant by the Court were paid on 5 April 1990."
In its Resolution DH (91) 29 of 18 November 1991, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
- THE BRANDSTETTER CASE
The case originated in three applications against Austria lodged with the European Commission of Human Rights on 6 September 1984, 13 March 1987 and 21 October 1987 under Article 25 of the Convention by Mr Karl Brandstetter, an Austrian national, who complained inter alia that the public prosecutor's submissions filed before the appellate Court in defamation proceedings against him were not communicated to him.
In its judgment of 28 August 1991 the Court inter alia held, by six votes to three, that, in the defamation proceedings, there had been a violation of Article 6, paragraph 1, of the Convention on appeal and, unanimously, that the Government of Austria was to pay to the applicant, for costs and expenses, 60 000 Austrian shillings.
In its Resolution DH (91) 30 of 18 November 1991, the Committee of Ministers declared, after having satisfied itself that the Government of Austria has paid on 9 October 1991 the sum provided for in the judgment of 28 August 1991, that it had exercised its functions under Article 54 of the Convention.
- THE DELTA CASE
The case originated in an application against France lodged with the European Commission of Human Rights on 4 August 1984 under Article 25 of the Convention by a French national, Mr Michel Sophie Delta, who complained inter alia that his criminal conviction was based to a decisive degree on statements by the complainant and a friend who were interviewed by the Police but not examined by the Courts trying the facts neither in first instance nor on appeal.
In its judgment of 19 December 1990 the Court unanimously held that there had been a violation of paragraph 3 (d) of Article 6 of the Convention taken together with paragraph 1 and that France was to pay the applicant compensation for damage in the sum of 100 000 French francs.
The Government of France subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment:
"As regards the examination of witnesses by the Court of Appeal under Article 513, paragraph 2, of the Code of Criminal Procedure, the Government of France, referring to paragraph 28 of the Court's judgment, is of the view that the change in the Court of Cassation Criminal Division's case law since its Randhawa judgment of 12 January 1989, allows to state that in future similar cases cannot occur again. In any case, if the Code of Criminal Procedure were to be amended in the future, the Court's judgment in the present case would be taken into account. Payment of the sum awarded to the applicant by the Court took place on 30 April 1991. Furthermore by order dated 7 October 1991 the French Government ordered to pay to the applicant the sum of 3 758 Francs in respect of legal rates of interest for the period of 19 December 1990 to 30 April 1991.".
In Resolution DH (91) 31 of 18 November 1991 the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
- THE QUARANTA CASE
The case originated in an application against Switzerland lodged with the European Commission of Human Rights on 18 December 1986 under Article 25 of the Convention by Mr Claudio Quaranta, an Italian national, who complained that the President of a Criminal Court of the Vaud Canton refused to grant him free legal assistance during the investigation and at his trial.
In its judgment of 24 May 1991 the Court unanimously held that there had been a violation of Article 6, paragraph 3 (c) of the Convention and that Switzerland was to pay to the applicant, for non-pecuniary damage 3 000 Swiss Francs and for costs and expenses, 7 000 Swiss Francs less 10 441 French Francs, to be converted into Swiss Francs at the exchange rate applicable on the day of delivery of the judgment.
The Government of Switzerland subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment:
"Following the Court's judgment of 24 May 1991, the Swiss Government paid on 6 June 1991 the sum of 7 301 Swiss Francs awarded by the Court as just satisfaction for non-pecuniary damage and for costs and expenses.
In order to determine whether the 'interests of justice' required free legal assistance, the Court pointed out that it was having regard to various criteria which correspond to a large extent to those put forward by the Swiss Government. However, in the present case, it is the way in which the Swiss judicial authorities applied them that differed from the Court's approach (paragraph 32 of the judgment). Therefore, it is the Swiss Government's view that this judgment does not require any measure of execution other than payment of the sums provided for in the judgment.
In the light of the foregoing, the Government of Switzerland considers that it has fulfilled the obligations imposed on it under Article 53 of the ECHR."
In its Resolution DH (91) 32 of 18 November 1991, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
- THE CASE OF FOX, CAMPBELL AND HARTLEY
The case originated in three applications against the United Kingdom lodged with the European Commission of Human Rights under Article 25 of the Convention on 16 June 1986 by Mr Bernard Fox and Ms Maire Campbell and on 2 September 1986 by Mr Samuel Hartley, all three Irish citizens, who complained of their arrest and detention in Northern Ireland for periods ranging between 30 and 40 hours approximately under section 11 of the Northern Ireland (Emergency Provisions) Act 1978.
In its judgment of 30 August 1990 the Court inter alia held, by four votes to three, that there had been a violation of Article 5, paragraphs 1 and 5 of the Convention.
In its judgment of 27 March 1991 the Court held unanimously that the United Kingdom was to pay to the applicants jointly in respect of costs and expenses the sum of £11 000 together with any value added tax that may be chargeable and by six votes to one that, in respect of non-pecuniary damage, the principal judgment in itself constituted sufficient just satisfaction for the purposes of Article 50.
The Government of the United Kingdom subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgments:
"As appears from paragraph 22 of the Court's judgment of 30 August 1990, section 11 (1) of the Northern Ireland (Emergency provisions) Act 1978, which contained no requirement that the suspicions of officers arresting suspects should be 'reasonable', was replaced by section 6 of the Northern Ireland (Emergency Provisions) Act 1987, which came into effect on 15 June 1987, subsequent to the facts which gave rise to the present case.
This new provision is confined to conferring a power of entry and search of premises for the purpose of arresting persons under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 (now section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989). These latter provisions expressly limit powers of arrest without a warrant to cases in which there are 'reasonable grounds' for suspicion. In light of the above it is the Government's view that no action needs to be taken with reference to the violation of Article 5, paragraph 5, found by the Court.
The Government of the United Kingdom considers that, provided the national law complies with the state's obligations under Article 5, paragraphs 1 to 4, of the Convention, no question of an 'enforceable right to compensation' arises since Article 5, paragraph 5, does not require in itself that paragraphs 1 to 4 of Article 5 be incorporated into domestic law. As the Government of the United Kingdom is not incorporating the Convention as such into British law, and is not obliged to do so, it follows that there is no basis on which it could legislate for Article 5, paragraph 5, of the Convention.
The sum of £12 650 (including value added tax) awarded jointly to the three applicants in respect of costs and expenses was paid on 3 April 1991."
In its Resolution DH (91) 39 of 13 December 1991, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
- THE HUBER CASE
The case originated in an application against Switzerland lodged with the European Commission of Human Rights on 27 February 1987 under Article 25 of the Convention by Mrs Jutta Huber, a Swiss national, who complained that the District Attorney who successively exercised the functions of investigation and prosecution in a criminal case against her was not impartial.
In its judgment of 23 October 1990 the Court held, by twenty one votes to one, that there had been a violation of Article 5, paragraph 3, of the Convention and, unanimously, that Switzerland was to pay to the applicant, in respect of costs and expenses, the sum of 4 492 Swiss francs.
The Government of Switzerland subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment:
"The Zurich Code of Criminal procedure was partly amended on 1 September 1991. This amendment will come into force on 1 July 1992.
According to Section 61 of the amended Code of Criminal Procedure the official in charge of the investigation requests as soon as possible, at the latest however within 24 hours after the suspect's interrogation or appearance, a detention order, unless he decides the person's release. The official in charge of the investigation submits his request for a detention on remand order to the penal judge (Haftrichter), stating the grounds and appending the documents necessary for taking a decision.
As shown by the wording of Section 61 as amended henceforth the District Attorney will no longer be competent to take a decision as to detention on remand of the person charged.
The sum awarded by the Court was paid on 14 March 1991."
In its Resolution DH (91) 40 of 13 December 1991, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.
Application of Article 32 of the European Convention of Human Rights
- SAVOLDI AGAINST ITAlY
In his application to the European Commission of Human Rights introduced on 20 December 1982 Mr Mario Savoldi complained of the excessive length of criminal proceedings instituted against him.
In its Resolution DH (90) 21 of 14 May 1990, the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and, after examination of the Commission's proposals as to just satisfaction for the applicant, recommended the Government of Italy to pay to the applicant for pecuniary and non-pecuniary damage the sum of 125 million Italian lire.
In its Resolution DH (91) 21 of 27 September 1991, the Committee of Ministers, having regard to its decision of 18 March 1991 setting, according to Article 32, paragraph 2, of the Convention, a time limit of three months for the Italian Government to pay the sum due to the applicant by way of compensation for pecuniary and non-pecuniary damage and finding that the Government of Italy still had not paid the sum it had agreed to pay following the recommendation of the Committee of Ministers:
- decided to strongly urge the Government of Italy to proceed without delay to the payment of the sum of 125 million lire to the applicant;
- decided, accordingly, if need be, to resume consideration of the present case at each of its forthcoming meetings.
- VAN EESBEECK AGAINST ITALY
In his application to the European Commission of Human Rights introduced on 28 February 1985, Mr Hans-Dieter Van Eesbeeck complained of the excessive length of a civil procedure. The Commission adopted its report on 12 April 1989 and expressed, by nine votes against two, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention.
The Committee of Ministers, agreeing with the opinion expressed by the Commission, decided that there had been a violation of Article 6, paragraph 1, of the Convention in this case.
On 6 June 1991, after having examined the proposals made by the Commission concerning just satisfaction for the applicant, the Committee of Ministers recommended to the Government of Italy to pay to the applicant the sum of ten million Italian lire for non-pecuniary damage.
In its Resolution DH (91) 22 of 27 September 1991, the Committee of Ministers, having regard to its decision of 6 June 1991 setting, according to Article 32, paragraph 2, of the Convention, a time limit of three months to the Government of Italy for paying the sum due to the applicant by way of compensation for non-pecuniary damage and finding that the Government of Italy still had not paid the sum it had agreed to pay following the recommendation of the Committee of Ministers:
- decided to strongly urge the Government of Italy to proceed without delay to the payment to the payment to the applicant of the sum of ten million Italian lire;
- decided, accordingly, if need be, to resume consideration of the present case at each of its forthcoming meetings.
- SALLUSTIO AGAINST ITALY
In his application to the European Commission of Human Rights introduced on 27 July 1984, Mr Giacomo Sallustio complained of the excessive length of criminal proceedings instituted against him.
In its Resolution DH (89) 1 of 18 January 1989, the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and after examination of the Commission's proposals as to just satisfaction for the applicant, recommended the Government of Italy to pay to the applicant by way of just satisfaction the sum of 12 million Italian lire.
In its Resolution DH (91) 23 of 27 September 1991, the Committee of Ministers, having regard to its decision of 6 June 1991 setting, according to Article 32, paragraph 2, of the Convention, a time limit of three months for the Italian Government to pay the sum due to the applicant by way of just satisfaction and finding that the Government of Italy still had not paid the sum it had agreed to pay following the recommendation of the Committee of Ministers:
- decided to strongly urge the Government of Italy to proceed without delay to the payment of the sum of 12 million lire to the applicant;
- decided accordingly, if need be, to resume consideration of the present case at each of its forthcoming meetings.
- MINNITI AGAINST ITALY
In his application to the European Commission of Human Rights introduced on 1 December 1981 Mr Pasquale Minniti complained of the excessive length of civil proceedings.
In its Resolution DH (89) 7 of 2 March 1989, the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and, after examination of the Commission's proposals as to just satisfaction for the applicant, recommended the Government of Italy to pay to the applicant for non-pecuniary damage and for costs, the sum of 3 million Italian lire.
In its Resolution DH (91) 24 of 27 September 1991, the Committee of Ministers, having regard to its decision of 6 June 1991 setting, according to Article 32, paragraph 2, of the Convention, a time limit of three months for the Italian Government to pay the sum due to the applicant by way of compensation for non-pecuniary damage and for costs and finding that the Government of Italy still had not paid the sum it had agreed to pay following the recommendation of the Committee of Ministers:
- decided to strongly urge the Government of Italy to proceed without delay to the payment of the sum of 3 million lire to the applicant;
- decided, accordingly, if need be, to resume consideration of the present case at each of its forthcoming meetings.
- F. AGAINST AUSTRIA
In his application to the European Commission of Human Rights introduced on 10 December 1986 Mr F. complained of the excessive length of divorce proceedings.
The Commission adopted its report on the case on 31 May 1991 expressing, by six votes to four, the opinion that there had been no violation of Article 6, paragraph 1, of the Convention.
In its Resolution DH (91) 28 of 18 November 1991, the Committee of Ministers, agreeing with the Commission's opinion, decided that there had been no violation of the Convention in this case.
- P. AGAINST AUSTRIA
In his application to the European Commission of Human Rights introduced on 18 May 1987 Mr P. complained of the length of criminal proceedings instituted against him.
The Commission adopted its report on 4 July 1989 and expressed unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Austria.
During the examination of the case, the Committee of Ministers was informed that a friendly settlement had been reached on 6 March 1990 between the applicant and the Government of Austria under the terms of which the applicant would receive 49 000 Austrian shillings in respect of costs and expenses and non-pecuniary damage.
In its Resolution DH (91) 33 of 13 December 1991, the Committee of Ministers, having satisfied itself that the sum agreed was paid to the applicant on 21 June 1990,
- found that the solution reached is based on respect for human rights as defined in the Convention,
- decided therefore, under Rule 6 bis of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, to discontinue its examination of the present case.
- GARZAROLLI AGAINST AUSTRIA
In his application to the European Commission of Human Rights introduced on 17 May 1985 Mr Justus Garzarolli complained of the length of criminal proceedings instituted against him.
The Commission adopted its report in this case on 11 April 1989 expressing unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Austria.
During the examination of the case the Committee of Ministers was informed that a friendly settlement has been reached between the applicant and the Government of Austria under the terms of which the applicant, who had been convicted, was granted a pardon by the President of the Austrian Republic on 14 August 1989.
In its Resolution DH (91) 34 of 13 December 1991, the Committee of Ministers, having also being informed that both the applicant and the Government of Austria did not wish publication of the Commission's report in this case,
- found that the solution reached is based on respect for human rights as defined in the Convention,
- decided therefore, under Rule 6 bis of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, to discontinue its examination of the present case.
- SMIET AGAINST THE NETHERLANDS
In his application to the European Commission of Human Rights introduced on 24 April 1987 Mr Robbert Smiet complained inter alia of that the prolongation of his detention in a psychiatric hospital had not been decided within the time limit prescribed by Dutch law.
The Commission adopted its report in this case on 6 December 1990 expressing unanimously the opinion that there had been a violation of Article 5, paragraph 1, of the Convention but not of Article 5, paragraphs 4 and 5, and by sixteen votes to two, that there had been no violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of the Netherlands.
In its Resolution DH (91) 35 of 13 December 1991, the Committee of Ministers, agreeing with the Commission's opinion:
- decided, inter alia, that there had been a violation of Article 5, paragraph 1, of the Convention in this case;
- recommended, under Rule 5 of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, that the Government of the Netherlands pay to the applicant the sum of 1 900 guilders for non-material damage and the sum of 3 087,30 guilders for costs and expenses;
Decided therefore, that no further action is called for in this case.
- "MANUEL MENDES GODINHO E FILHOS" AGAINST PORTUGAL
In its application to the European Commission of Human Rights introduced on 6 August 1985 the applicant company complained of the excessive length of civil proceedings it had instituted before the Tomar first instance Court.
The Commission adopted its report in this case on 11 October 1990 and expressed unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention in this case. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Portugal.
In its Resolution DH (91) 36 of 13 December 1991, the Committee of Ministers, agreeing with the Commission's opinion:
- decided that there had been a violation of Article 6, paragraph 1, of the Convention in this case;
- recommended, under Rule 5 of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, that the Government of Portugal pay to the applicant company the token sum of 1 Escudo for material and non-pecuniary damage;
- decided that no further action is called for in this case.
- PUDAS AGAINST SWEDEN
In his application to the European Commission of Human Rights introduced on 17 October 1985, Mr Bengt Pudas complained inter alia that he had no possibility of having a dispute relating to the duty to belong to a taxi exchange examined by a tribunal satisfying the requirements of Article 6, paragraph 1, of the Convention.
The Commission adopted its report in this case on 6 March 1990 expressing unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Swedish Government.
During the examination of the case, the Committee of Ministers was informed by the Government of Sweden that, under the terms of Article 23, paragraph 1, of the new Act of 15 December 1988 on commercial transportation, which came into force on 1 January 1989, most decisions concerning transportation licences can henceforth be appealed against to the Administrative Court of Appeal. In those cases where this Act does not provide for such a right to appeal, the Act of 21 April 1988 on judicial review of certain administrative decisions, which provides for a possibility of review by the Supreme Administrative Court, will be applicable.
In its Resolution DH (91) 37 of 13 December 1991, the Committee of Ministers, agreeing with the Commission's opinion:
- decided that there been a violation of Article 6, paragraph 1, of the Convention;
- took note of the information provided by the Government of Sweden;
- recommended, at the 462nd meeting of the Ministers' Deputies (27 September 1991), under Rule 5 of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, that the Government of Sweden pay to the applicant the sum of 13 500 Swedish crowns in respect of costs and expenses;
- decided that no further action was called for in this case.
- L. AGAINST SWEDEN
In her application to the European Commission of Human Rights introduced on 28 October 1986, Mrs L. complained that she had no possibility of having a dispute over the refusal to grant buyers a permit to acquire her agricultural property examined by a tribunal satisfying the requirements of Article 6, paragraph 1, of the Convention .
The Commission adopted its report on the case on 3 July 1990, expressing unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention but not of Article 1 to Protocol No. 1 to the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Sweden.
During the examination of the case, the Committee of Ministers was informed by the Government of Sweden that the Act of 21 April 1988 on judicial review of certain administrative decisions, which provides for a possibility of review by the Supreme Administrative Court, will be applicable to the situation complained of in this case.
In its Resolution DH (91) 38 of 13 December 1991, the Committee of Ministers, agreeing with the Commission's opinion:
- decided that there had been a violation of Article 6, paragraph 1, of the Convention in this case;
- took note of the information provided by the Government of Sweden;
- recommended, at the 462nd meeting of the Ministers' Deputies (27 September 1991), under Rule 5 of the Rules adopted by the Committee of Ministers for the application of Article 32 of the Convention, that the Government of Sweden pay to the applicant the sum of 10 000 Swedish crowns in respect of non-pecuniary damage and the sum of 24 000 Swedish crowns for costs and expenses;
- decided that no further action is called for in this case.
2. European Social Charter
The Committee on the European Social Charter (CHARTE-REL) transmitted its progress report to the Committee of Ministers. The report contained a draft Amending Protocol to the European Social Charter, a draft second Additional Protocol aiming at the introduction of the possibility to lodge collective complaints and a list of proposals for improving the supervision machinery without amending the text of the Charter.
At the Deputies' meeting in October 1991 the Committee of Ministers took note of the progress report of the CHARTE-REL Committee, and adopted the Protocol amending the European Social Charter11; it decided to open the Protocol for signature on 21 October 1991, the first day of the Turin Ministerial Conference12. Up to now, 13 countries have signed the Amending Protocol (one without reservation as to ratification)13.
Awaiting the ratification of the Amending Protocol by the Contracting Parties to the European Social Charter, the Committee of Ministers has requested the Contracting States and the supervision bodies to envisage a change in their working methods on a voluntary basis.
The Committee of Ministers decided to extend in 1992 the terms of reference of the CHARTE-REL Committee, which is in particular instructed to examine the following four questions: draft Additional Protocol providing for a collective complaints system, proposals for improving the supervisory machinery without amending the text of the Charter; proposals concerning the reporting system; improving the substantive content of the Charter.
Furthermore, Liechtenstein, Poland and Hungary signed the European Social Charter respectively on 9 October, 26 November and 13 December 1991. The ratifications of the Charter by Portugal (30 September 1991) and Luxembourg (10 October 1991) brought the number of Contracting Parties to 20.
On 13 January 1992 the Committee of Ministers adopted Resolution ChS (92) 1 on certain non-accepted provisions of the European Social Charter14.
At its session in September 1991, the Committee of Independent Experts of the European Social Charter completed its examination of the national reports submitted for the twelfth cycle of supervision by the first group of States15 (cycle XII-1).
At its sessions in December 1991 and January 1992, the committee began consideration of the national reports submitted by the second group of States16 for the twelfth cycle (cycle XII-2).
The Governmental Committee of the European Social Charter met in January 1992 and began examination of the reports submitted under the twelfth supervision cycle by the first group of States and of the relevant Conclusions XII-1 of the Committee Independent Experts, while taking account of the final resolution of the Ministerial Conference of Turin.
III. IMPLEMENTATION OF THE INTERGOVERNMENTAL PROGRAMME OF ACTIVITIES
FIELD I
DEMOCRACY, FREEDOMS AND THE FUNDAMENTAL RIGHTS OF HUMAN BEINGS
"European solidarity at the service of the individual"
Project I.1: - "Human rights and genuine democracy"
At its 10th meeting (November 1991), the European Committee for equality between women and men (CEEG) identified priority research and action concerning equality between women and men to be undertaken as part of this project.
Project I.2: - Development of human rights
At its 31st meeting (14-18 October 1991) the Steering Committee for human rights (CDDH) adopted for the attention of the Committee of Ministers:
- a final activity report on progress of medicine and biology and respect for private and family life;
- a draft Recommendation on the training of social workers and human rights. The text of this Recommendation was adopted by the Committee of Ministers on 9 December 199117.
The CDDH pursued the preparation of the draft Recommendation on information about human rights and AIDS and commissioned a study by the Swiss Institute of Comparative Law (Lausanne) on health related discrimination.
At its 9th meeting (2-6 December 1991) the Committee of Experts for the Development of Human Rights (DH-DEV) proceeded to an identification of rights concerning the condition of deprivation of liberty and treatment of detainees which might be included in an additional Protocol to the European Convention on Human Rights.
Project I.3: - Improving procedures for safeguarding human rights
At its October 1991 meeting the CDDH agreed to give priority, when implementing the 1992 Intergovernmental Programme of Activities, to the reform of the control machinery of the European Convention on Human Rights and to request additional resources to carry out this urgent work. The CDDH was of the opinion that a political impetus is needed for a successful conclusion of the work to adapt the control machinery to the new circumstances in which the Organisation is working.
At the 89th session of the Committee of Ministers on 26 November 1991 the Ministers laid stress on the very valuable work carried out by the European Commission and Court of Human Rights but were concerned that their already heavy workload, which led to lengthy proceedings, could further increase with future accessions to the European Convention on Human Rights. They instructed their Deputies, as first priority, to speed up work on reform of the control mechanisms of this Convention. The Ministers agreed upon the need for adequate financial resources to be allocated to this end.
At its 31st meeting (14-18 October 1991) the CDDH adopted for the attention of the Committee of Ministers:
- a final activity report on the implementation at national level of the European Convention on Human Rights;
- the draft Protocol No. 10 to the European Convention on Human Rights (ECHR) on the reduction of the two-thirds majority provided for in Article 32 ECHR.
On 8 January 1992 the Committee of Ministers:
- adopted the text of Protocol No. 10 to the Convention for the Protection of Human Rights and Fundamental Freedoms18;
- decided to open the said Protocol for signature on 25 March 1992;
- launched an appeal to member States of the Council of Europe signatories to the Convention to ratify the said Protocol so as to enable it to enter into force as rapidly as possible.
To underline the binding character of the Committee of Ministers' decisions under Article 32 of the European Convention on Human Rights, the Committee of Ministers decided to delete Rule 5 from the Rules adopted by it for the application of this article19.
The Committee of Experts for the Improvement of Procedures for the Protection of Human Rights (DH-PR) held its 31st meeting from 17 to 20 September 1991.
The Committee examined a number of possible improvements to the procedure under the European Convention on Human Rights. It considered, in particular, possible ways of increasing the efficiency of the control machinery of the Convention based on proposals made by the Dutch and Swedish Governments, and prepared - at the request of the CDDH - a draft amending Protocol to the Convention with regard to Article 32. It also concluded its study of the question of review proceedings at the national level following the finding of a Convention violation by the Court or the Committee of Ministers. Finally, the Committee continued its work on the revision and consolidation of the Committee of Minister's Rules for the application of Articles 32 and 54 of the Convention.
Project I.4: - "Equality between women and men"
On the initiative of the European Committee for Equality between Women and Men (CEEG), a Seminar on action against traffic in women and forced prostitution as violations of human rights and human dignity was held in Strasbourg from 25 to 27 September 1991.
The 80 or so participants included experts in the areas of police action against traffic in women and forced prostitution, assistance, support and reintegration, global socio-economic relations and equality between women and men, as well as representatives of the public authorities concerned, including the judiciary, the health services and the interior ministries, and representatives of organisations of prostitutes and of groups of women working in this sector in the countries where traffic in women is practised.
The Seminar was also attended by observers from non-member States of the Council of Europe, international organisations/institutions, and a limited number of non-governmental organisations particularly active in the area in question.
In the course of the discussions, which were chaired by Mrs G LYCKLAMA A NYEHOLT (Netherlands), the following topics were examined:
1. Prevention of the causes of traffic in women and forced prostitution: approaches and actions;
2. Legal, juridical and administrative approaches and actions;
3. Assistance, support and reintegration: approaches and actions.
These subjects were considered on the basis of three reports and in the light of a general report on "Prostitution, migration and traffic in women: historical and actual facts".
In accordance with the aims and objectives assigned to it by the CEEG, the Seminar reviewed the situation in member and non-member States of the Council of Europe with regard to traffic in women and forced prostitution. It also proposed strategies and measures for effectively combating and preventing traffic in women and forced prostitution and for providing assistance and support for the women concerned.
At its 10th meeting (20-22 November 1991), the CEEG considered that action should be taken on the proposal contained in the conclusions of the Seminar for continued study of these questions at the Council of Europe, and it proposed the establishment of a working party.
At that same meeting, the CEEG asked the Working Party on Parity Democracy (CEEG-GT-PO) to continue its analysis of the relationship between the principle of equality between women and men and democracy and the practical implications of the concept of "parity democracy" with a view, in particular, to the contribution it is expected to make to the implementation of Project I.1.
With an eye to the possible establishment within the Council of Europe of a European Observatory on Equality between Women and Men, the CEEG proposed commissioning a feasibility study from a consultant and, if the study's conclusions were positive, setting up a pilot project as a first step.
Having agreed that a European public campaign would be useful in facilitating understanding of what was at stake in the achievement of equality for both women and men, in the countries of Western Europe, and also in the countries of Central and Eastern Europe, the CEEG considered that 1995 would be a good year for launching the campaign, which could represent the Council of Europe's contribution to the United Nations World Conference on Women scheduled for that year. Subject to the Committee of Ministers' approval, preparations for the campaign could begin in 1992.
The CEEG emphasised the importance of the contribution it could make to the ongoing work of improving the European Social Charter by advising both on the inclusion of new rights included and on the updating of rights already covered, bearing in mind changes in the status of women over the past few years. It agreed to put forward its proposals at its next meeting (5-7 February 1992).
Project I.5: - Legal and political aspects of the protection of minorities
The Committee of Ministers having instructed the CDDH in October 1991 to consider, from both their legal and political points of view, the conditions in which the Council of Europe could undertake an activity for the protection of national minorities, taking into account the work done by the CSCE and by the United Nations, and the reflections of the Council of Europe, the CDDH decided to convene an extraordinary meeting on 28 and 29 January 1992. Furthermore, the CDDH adopted an opinion on the draft European Charter for regional or minority languages prepared by the CAHLR.
CONVENTIONAL ACTIVITIES
European Convention for the prevention of torture and inhuman or degrading treatment or punishment20.
On 19 November 1991, the Committee of Ministers elected Mr Constantin ECONOMIDES as a member of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment, in respect of Greece. On 13 September 1991, it re-elected Mr Michael MELLETT as the member of the Committee in respect of Ireland and Mr Antonio CASSESE as the member in respect of Italy. On 8 January 1992 it elected Mrs Nora STAELS-DOMPAS as member in respect of Belgium.
During its September meeting, the Committee elected its President and two Vice-Presidents. It renewed the mandates of Mr CASSESE (President), Mr Bent SØRENSEN (First Vice-President) and Mr Jacques BERNHEIM (Second Vice-President).
Since September 1991, the Committee has carried out visits to the following countries: Germany, France and Turkey.
The reports prepared by the Committee following the visits to Austria, Denmark and the United Kingdom in 1990 have been published, in accordance with requests made by the Governments of those countries.
The report on the visit to Austria was published together with the comments of the Austrian Government on 3 October 1991, the report on the visit to Denmark on 6 September 1991 and the report on the visit to the United Kingdom on 12 December 1991, together with the response of the United Kingdom Government.
FIELD II
MEDIA AND COMMUNICATION
"Broadening and guaranteeing the scope
of freedom of expression and information"
Project II.1: - Knowledge and analysis of national policies and international developments in the media field
The Contact Group on data collection on programme flow held its 4th meeting on 6 December 1991. During this meeting, it finalised its draft questionnaire concerning data collection on the circulation of audio-visual works. Its conclusions will be examined by the CDMM at its 30th meeting (18-21 February 1992).
The Co-ordinators' Committee of the MEDIALEX data base held its 1st meeting on 13-14 November 1991. The Committee brings together the national correspondents responsible for collecting and indexing legislation, regulations, codes of practice, etc. in the fields covered by the European Convention on Transfrontier Television (ETS No. 132) for processing and storage in the data base. At this meeting, the Committee examined a thesaurus of harmonised key words and concepts to assist in the task of indexing the data at the national level, as well as a proposal for a standard data entry tool which would allow the national correspondents to communicate the data for storage on the data base.
A meeting of representatives of National Regulatory Authorities Responsible for Broadcasting in the member States and other States Party to the European Cultural Convention took place on 15 November 1991. This meeting was convened in advance of the forthcoming entry into force of the European Convention on Transfrontier Television. Its purpose was to enable the representatives of such authorities to familiarise themselves with the functioning of the Convention's provisions and discuss possible problems relating to the implementation of the Convention at the national level.
Project II.2: - Equality of opportunity in the building of a European audio-visual area
The Project Group "Equality of Opportunity in the building of a European Audio-visual area" (MM-EC) held its 1st meeting on 4-5 December 1991. During this meeting, it examined, with a view to drawing up proposals for the CDMM, possible ways of giving effect to the relevant decisions taken by the Committee of Ministers on the follow-up to the conclusions of the 3rd European Ministerial Conference21. The MM-EC considered, in particular, the practical modalities of the setting-up and functioning of a mechanism for the promotion of and exchanges in training in audio-visual skills. Furthermore, the MM-EC considered the type of action which could be undertaken in the fiscal and financial fields in order to stimulate the production and circulation of European audio-visual works.
Project II.3: - The European development of communication
On 27 September 1991 the Committee of Ministers adopted Recommendation No. R (91) 14 on the legal protection of encrypted television services22.
The Committee of Legal Experts in the Media Field (MM-JU) held its 12th meeting on 26-28 November 1991. During this meeting, it organised, in particular, a hearing with representatives of professional sectors interested in issues of copyright law and neighbouring rights in the field of cable distribution and subsequently reflected on the future work of its Working Party on Cable Distribution (JU-GT-CD), which met for the first time on 30-31 October 1991.
In addition, the MM-JU conducted an in-depth examination of priority questions to be considered with a view to improving the protection of neighbouring rights in Europe as well as possible ways of achieving this. The basis for its discussions was the work conducted by its Working Party on the Protection of Neighbouring Rights (JU-GT-NR). The Working Party will hold its 3rd meeting on 6-7 February 1992.
Furthermore, the MM-JU considered the possibility of conducting work on legal issues arising out of access to audio-visual material stored in archives. It also took note of the state of progress of work on legal questions arising in the framework of distance learning. Finally, and with a view to drawing up proposals for the CDMM at its 30th meeting (18-21 February 1992), it considered the appropriateness of pursuing further work in the area of the legal protection of television services and exclusivity rights to major events.
The Enlarged Working Party on Media Concentration held its 7th meeting on 18-19 December 1991. During this meeting, it considered the follow-up to be given to the conclusions of the 3rd European Ministerial Conference in the field of media concentrations, on the basis of the relevant decisions taken by the Committee of Ministers. More specifically, it considered, with a view to submitting proposals to the CDMM, the recommendation formulated at the Ministerial Conference to the Committee of Ministers for the possible establishment of a consultation mechanism on media concentrations.
OTHER ACTIVITIES
The Council of Europe-European Cinema and Television Office Liaison Bureau (ECTO) held its 2nd meeting on 19 September 1991. During this meeting, it conducted an exchange of views on two projects of the Council for Cultural Co-operation (CDCC) dealing respectively with the assessment of the cultural policies of broadcasters and with the protection of the audio-visual heritage. It also held an exchange of views on current work within the CDMM, in particular the creation of a Mechanism for the promotion of and exchanges in training in audio-visual skills and the legal protection of encrypted television services.
FIELD III
SOCIAL AND ECONOMIC AFFAIRS
"Towards a European social area"
Committee of Ministers
On 13 January 1992 the Committee of Ministers adopted Recommendation No. R (92) 2 on making family benefits generally available23.
Project III.1: The Present and Future of Europe's Population
The Select Committee of Experts entrusted with this project is carrying out a study on alternative scenarios regarding the evolution of partnership and fertility, mortality and migration in Europe. A preliminary version of the report will be available in June 1992.
Following an agreement with the United Nations Economic Commission for Europe and the United Nations Population Fund for the joint organisation of the 1993 European Population Conference, a Conference Organising Committee was set up. At its first meeting (held in Strasbourg, from 18 to 20 November 1991), the Organising Committee selected the five key themes for the Conference:
1. International migration
2. Fertility and the family
3. Health and mortality
4. Population growth and structure, selected consequences
5. International co-operation in the field of population: perspectives on global population change.
Specific studies on each theme are being commissioned from specialists in each domain.
Project III.2: Population movements, demographic changes and employment
The Joint Committee of experts (CDPO-CDMG) entrusted with this project has defined the scope of its study to cover the following areas:
a. the situation in emigration regions
b. demographic and socio-economic aspects of migration flows
c. migration policies of destination countries.
The Committee intends to submit a preliminary version of the study to the 1993 Conference Organising Committee in June 1992.
Project III.3: Community relations
The final report of the community relations project was warmly welcomed by the European Ministers responsible for Migration Affairs at their Fourth Conference in Luxembourg (17-18 September 1991)24. They commended it to governments and decided to disseminate it widely within the member States and to promote debate on it at national level. The European Committee on Migration (CDMG) is monitoring this process of dissemination and debate at national level, and has already been informed that the report will be translated into a number of non-official languages.
The final report was discussed in detail at the Closing Conference of the community relations project, which was held in The Hague from 25 to 27 November 1991. The Conference was attended by a wide range of officials and representatives of non-governmental organisations including many participants of immigrant origin. The proceedings will be summarised in a report being prepared by the general rapporteur.
Project III.4: Specific social problems associated with recent changes in family structures
1. The Colloquy "Towards greater social justice in Europe: the challenge of marginalisation and poverty" took place in Strasbourg on 3-5 December 1991. 330 participants from all sections of society, including ministers, government officials, parliamentarians, local authority representatives and members of associations working with the poor and deprived examined poverty, marginalisation, and their consequences in five working groups covering the fields of housing, employment, education, health and social protection.
Proposals emerging from the Colloquy referred specifically to the need to include new articles in the European Social Charter concerning measures for protection against poverty, and concerning the right to decent housing.
Participants also said that the Council of Europe should be enabled to play a leading role in providing training and information programmes in the social field, in order to give assistance to those Central and Eastern European countries threatened by grave problems of poverty.
They underlined the crucial support that families could bring in combating poverty and supported all measures to strengthen the position and role of the family in our societies. They referred to the need to provide children with special protection and welcomed the Council of Europe's planned childhood policy project.
2. The first meeting of the Evaluation Committee on Project III.4 took place from 12-14 November.The terms of reference of the Committee include assessing the work carried out under the aegis of the Steering Committee on Social Policy during the period 1988-1991, and identifying proposals for possible draft Recommendations. The Committee agreed that such proposals should include one for an integrated family policy, and one concerning social aspects of housing policy.
Project III.5: Social deprivation and human dignity
Proposals for the implementation of this project will be examined by the Steering Committee on Social Policy (CDPS) at its meeting in May 1992, which will largely take into account the conclusions of the Colloquy on marginalisation and poverty.
Project III.6: Ageing and social protection
The 3rd International Colloquy organised by the Steering Committee for Social Security (CDSS) took place in Strasbourg on 18 October 1991. This colloquy had as its title, "Old Age Benefits and Health Care: Their Impact on Present and Future Funding of Social Security".
The papers presented during the colloquy covered old-age benefits, health care expenditure and their funding in the Council of Europe Member States, as well as the contribution of their social security systems to medical and social services for dependent elderly people.
The Colloquy was attended by over 100 participants.
Project III.7: Situation and legal position of young people between school and employment
A draft "Recommendation on the co-ordination of employment, social and educational services for the vocational integration or re-integration of persons with difficulties" has been submitted to the Committee of Ministers for approval.
Project III.8: Childhood policies
The Steering Committee on Social Policy (CDPS), at its meeting on 25-27 September, adopted the specific terms of reference for a multi-sectoral project committee on childhood policies. A consultant expert will be invited to establish a report on the attitudes taken towards children in Council of Europe documents and legal instruments, as well as general trends presently operating in member States, and to make proposals for the work that the multi-sectoral committee could carry out.
SERVICE ACTIVITIES
1. Studies and research
Demographic studies
The 1991 Report on Recent demographic developments in Europe was published in October 1991. A study on "Information and education in demography" is currently being printed.
The European Population Committee intends to expand the scope of the 1992 report on demographic developments to all member States of the United Nations Economic Commission for Europe, and to submit it to the 1993 Conference as a reference document.
An analysis of the demographic situation in some central and Eastern European States, and the specific study on Hungary, are being carried out.
Co-ordinated research programme
A study on the role of employment and vocational training services in helping long term unemployed find a job will be published soon. The study of the impact on labour relations of new forms of work organisation in firms, is being pursued.
The Steering Committee on Social Policy recommended the publication of the report by the Study Group of the 1990/1991 Co-ordinated social research programme in the social field on "Violence against elderly people.
At the second meeting (13-15 December 1991) of the Study Group of the 1991/1992 Co-ordinated social research programme in the social field on "Homelessness" reports on the situations in countries which had been visited by the members of the Group were discussed.
2. Courses, training and fellowships
Individual social fellowships
In the framework of the 1992 appropriations, 94 fellowships have been awarded to persons working in services and institutions active in the social, labour, employment and vocational training sectors, whose application was submitted by the competent authorities of member States.
CONVENTIONAL ACTIVITIES
European Convention on Social Security and Supplementary Agreement
The Committee of Experts for the Application of the European Convention on Social Security (SS-AC) during its 41st meeting (Strasbourg 13-15 November 1991) started work on the preparation of an optional Protocol to extend the personal scope of the European Convention on Social Security.
European Code of Social Security and its Protocol
Following consideration by the Steering Committee for Social Security (CDSS) of the application of the European Code of Social Security and, if appropriate, its Protocol in 15 member States, the Committee of Ministers adopted Resolutions on the situation in each country.
European Convention on the Legal Status of Migrant Workers
The Consultative Committee set up under this Convention has continued its examination of the reasons for the relatively small number of ratifications of the Convention, and has begun consideration of a draft Protocol to widen the scope "ratione personae" of the Convention, to incorporate short term migrants (seasonal workers, seconded workers, etc.).
FIELD IV
EDUCATION, CULTURE, HERITAGE AND SPORT
"Europe's cultural identity and cultural diversity"
Council for Cultural Co-operation (CDCC)
The Council for Cultural Co-operation (CDCC) at its meeting in Strasbourg on 17-19 December 1991 welcomed the USSR, Bulgaria and Romania which became parties to the European Cultural Convention respectively on 21 February 1991, 2 September 1991 and 19 December 1991. The CDCC presently includes 31 member States.
The discussion of the 60th session dealt with the issues at stake and the challenges of cultural co-operation at pan-European level as well as the results of the following ministerial conferences:
- Informal Conference of European Ministers responsible for cultural affairs (Leon, Spain 21-22 March 1991)
- 3rd European Ministerial Conference on mass media policy (Nicosia, Cyprus 9-10 October 1991)25
and
- The 17th session of the Standing Conference of European Ministers of Education (Vienna, 16-17 October 1991)
The CDCC also adopted the specific terms of reference of the Committee of Governmental Experts on cultural aspects of communication and transmitted to the Committee of Ministers, for adoption, the draft European Convention on multilateral cinematographic co-production.
The CDCC adopted the programme of activities and the budget for 1992 as well as two opinions: on the draft European Charter for regional or minority languages and on CLRAE Resolution 225 on the contribution of local and regional authorities to European education policy.
I. EDUCATION
Project IV.11 - Language learning for European citizenship
The "new-style" international workshop series for language teaching and teacher training has been going on with the holding of workshops 5A, 6A and 7A.
Workshop 5A took place in CARMARTHEN (Wales, September 1991) on the theme: "Learning and teaching languages in pre-school and primary bilingual contexts (age 3/4 - 12/13)". 18 countries were represented. This workshop received financial support from the LINGUA programme of the European Community.
Workshop 6A was held in TAMPERE (Finland, October 1991) on "Learning to learn languages in vocationally-oriented education (upper secondary and adult education)".
The last workshop of the year, Workshop 7A, took place in SEVRES
(France, December 1991). It dealt with "Using information and communication technologies in modern languages teaching and learning in Europe".
However, the main event of this period was the INTERGOVERNMENTAL SYMPOSIUM held in Rüschlikon (Switzerland, November 1991), which brought together 130 representatives of Ministries of Education, Universities, the major European language teaching and examining Institutions, international Associations of language teachers and cultural Institutes on the theme "Transparency and coherence in language learning in Europe: objectives, evaluation, certification".
The Symposium recommended that the Council of Europe should develop as soon as possible a common European framework for the description of language proficiency at all levels as well as the setting up of a European language portfolio which would record the cumulative experience and qualifications of the learner in modern languages.
Project IV.12 - The European dimension of secondary education
Symposium on History Teaching
From 9-13 December 1991, the CDCC organised a Symposium on "History Teaching in the New Europe" in Brugge, at the invitation of the Flemish Community of Belgium. The Symposium was the first pan-European intergovernmental meeting on history teaching since the changes in Central and Eastern Europe. It was attended by about 100 university historians, curriculum specialists, ministry officials, inspectors, teacher trainers, educational researchers and representatives of history teachers' associations from 33 European countries.
The Symposium urged the Council of Europe to help the countries of Central and Eastern Europe in their efforts to produce new history curriculae and teaching resources. It also suggested that the Council should:
- prepare a European Charter for History Teaching to protect the subject from political misuse;
- set up a European Teachers Centre to provide in-service training courses with a genuine European dimension;
- publish a set of booklets or teaching packs on topics of European history;
- facilitate the creation of a net-work of history inspectors and advisers and of a European Association of History Teachers.
SERVICE ACTIVITIES
Major European university problems
Following a consultation meeting with countries of Eastern and Central Europe on 19-20 september 1991, legislative reform in higher education was given high priority in the Standing Conference on University Problems (CC-PU) co-operation with the new member States and Parties to the Cultural Convention. A Working Party was set up, which met on 4 November to draft a proposal for a project. The proposed project, to be based on voluntary contributions, will be discussed at the 15th Session of the CC-PU (Strasbourg, 31 March-2 April). An expert group on legislative reform undertook a first mission to Bulgaria from 6-10 January 1992.
Academic mobility
An ad hoc forum on academic mobility was held in Štrbské Pleso (Czechoslovakia) from 1-3 October 1991. Underlining the importance of both student and staff mobility, not least in an East-West context, the Forum made a number of recommendations on the Council of Europe's role in the field. This role should essentially be one of making policy recommendations and disseminating information rather than undertaking operational activities. The Forum's recommendations will be discussed at the 15th Session of the CC-PU.
Educational research and documentation
The Council of Europe promotes the pooling of educational research results by:
- holding educational research meetings;
- making available to authorities and educational researchers a specialised, computerised database (EUDISED) containing the results of research and development in the field of education (including information on the CDCC's work); the indexing is done by using keywords of the multi-lingual European Education Thesaurus, developed jointly with the Commission of the European Communities.
The new edition of the European Education Thesaurus, published in nine languages by the Community's Publications Office in Luxembourg, was distributed in September.
EUDISED is available online via the European Space Agency's Information Retrieval Service and also in the form of a commercial bulletin: the EUDISED R & D Bulletin published by Saur-Verlag in Munich.
Input into the EUDISED database has increased due to the participation of Central and Eastern European countries.
A Colloquy of Directors of Educational Research Institutions was held in San Marino on 10-13 September 1991. The theme was "Research into secondary education." At the meeting a great number of research findings have been presented.
From this mass of research it can be deducted that:
- Comprehensive schooling in itself does not guarantee equal opportunities for all; a lot of diversification and individualised teaching will be needed to achieve this aim.
- Local authorities and individual schools need to be given greater autonomy to take account of the particular local situation.
- coping with heterogenous student populations still is a major problem in most countries; the teachers are not sufficiently prepared for this.
- Drop-out rates and school failure are still too high, and this is linked to a lack of encouragement and motivation; closer co-operation with parents is vital.
- Measures meant to make vocational education as prestigious as general education and attractive to parents and pupils have not been very effective in many countries.
- The problems of equality of opportunity for children of migrants and girls are still not solved, in spite of tremendous efforts. In the case of migrants this is to a large extent the result of language problems. In the case of girls it is linked to sex role stereotypes persisting in society.
- Many curricula are still overburdened but subject matter didactics has improved considerably, at least in mathematics, science, technology and modern languages.
II. CULTURE
The Culture Committee held its second annual meeting from 1 to 3 October 1991.
It devoted part of the meeting to evaluating several activities included in its programme. In so doing, it made an effort, where necessary, to improve its working methods.
On that basis, but also in the light of a survey to obtain information from delegations as to their expectations and initiatives taken in the wake of the informal Conference of European Ministers responsible for Cultural Affairs (Leon, March 1991) and the Cracow CSCE seminar on the cultural heritage (May 1991), the committee finalised its programme proposals for 1992.
These fall into two groups. The first, under the heading of "cultural policies", relates to the following activities:
- the European programme for the evaluation of national cultural policies intensified and supplemented through training seminars (the financing of culture in 1992) for new member States;
- promotion of the cultural dimension of communication, involving an evaluation of the cultural policies and practices of television companies;
- promotion of the area-based dimension of cultural action, involving the follow-up to the "Culture and the Regions" project and the new project on "Culture and Disadvantaged Districts";
- the training of cultural administrators and cultural development personnel (focusing mainly on the needs of new member States);
- a new function of sectoral technical assistance to supplement the research and documentation activities connected with cultural decision-making.
The second set of proposals, relating to "cultural activities", concern:
- the European cultural routes;
- promoting cultural creativity and dissemination (creation of a translation fund);
- promotion of the European cinema;
and, as service activities:
- art exhibitions;
- forum of European networks of cultural centres.
Project IV.25 - Culture and the regions
The European conference on "The cultural challenges for the European regions", organised in Lyon on 10 and 11 October by the Rhône-Alpes region and the Council of Europe was the culmination of this project. The meeting was attended by more than 500 participants from 25 European countries, including area-based policy makers and administrators, cultural operators, creative artists, CDCC representatives and experts, and members of the Standing Conference of Local and Regional Authorities of Europe (CLRAE).
The discussions, which centred on the theoretical and practical aspects of cultural action, confirmed the analysis and conclusions of Project No. 10 and the interest shown in the proposed operational follow-up, viz: training activities for area-based cultural administrators, establishment of a network of observatories of area-based cultural policies, and establishment of machinery for encouraging and supporting inter-regional cultural co-operation.
III. CULTURAL HERITAGE
Committee of Ministers
The Committee of Ministers adopted on 13 November the text of the revised European Convention for the protection of the archaeological heritage26 and decided that the opening for signature of the revised Convention would take place during the Conference of Ministers responsible for the cultural heritage in Malta on 16 January 1992.
The Convention was signed in Malta by 20 States.
Project IV.41 - Prospects for conservation: What strategies?
The group of specialists responsible for this activity precised its terms of reference for further action. It underlined the main themes to be discussed in 1992.
- Remedies for the deficiencies, aberrations or defects noted in the application of the principles of integrated conservation.
- Redefinition of the social aspects of conservation in the Town Planning context, with a view to cultural, social and economic development.
Furthermore, the specialists suggested to the CC-PAT the setting up of a working group on "Conservation Forecasting".
Project IV.41 - Heritage landscape and sites
The group on heritage landscape and sites met in Dublin in the aftermath of a colloquy organised by the Council of Europe and the Irish authorities in collaboration with Europa Nostra on the theme "Management of public access to the heritage landscape". This colloquy, attended by some 150 people, had been opened by the Irish Prime Minister, Mr Charles HAUGHEY, in the presence of H.R.H. Prince Henrik of Denmark and Mr Vincent BRADY, Irish Minister of State for Finance.
The group agreed that the reports prepared by the different members about the legislation and policy in force in their Countries should be examined by the Council of Europe consultants who are expected to prepare a synthesis of contributions.
The above mentioned synthesis would form the basis of the draft recommendation to member States to be discussed in 1992.
SERVICE ACTIVITIES
Technical assistance
The final version of the report concerning the mission to Cracow (Poland) was prepared and two new technical assistance missions were organised, one in Bois du Cazier (Belgium) (aim: development of the Marcinelle coal mines into a heritage and industrial site), the other in Malta (aim: the establishment of a heritage documentation centre).
Promotion of heritage skills and crafts
The group of specialists on heritage skills and crafts training met in Copenhagen in September and precised the working method to be adapted for the setting up of the "Directory on Training Courses in heritage skills and crafts". The objective appeared to be twofold:
- to publish a directory in English and French for potential students, training personnel and all the professionals concerned;
- to establish a database of correspondents of the European network on heritage skills and crafts, which could be updated regularly and subsequently lead to a telematics network.
The discussion also indicated that two workshops involving two complementary approaches to the problems of transforming skills, might be set up for 1992.
First European Workshop on the revision of heritage legislation
A first workshop was organised in Budapest at the request of the Hungarian authorities. Such a legal co-operation in the fields of conservation and planning should be developed in 1992.
IV. SPORT
Project IV.51 - Ethical values in sport
Working party on young people's attitudes to sport
(28 October, study group; 29-30 October, full meeting)
Subject to the necessary means being made available, 10 countries would like to participate in the next stage of the survey into young people's attitudes to sport. This survey might lead to an instrument being devised which would make it possible to ascertain and measure young people's ethical values. There would be many practical applications of such an instrument, for example, establishing to what extent training programmes for coaches actually produce changes in young people's attitudes.
Project IV.52 - The economy of sport
Working party on the economic significance of sport
(Strasbourg, 5-6 November)
Eight countries will update for 1992/93 the Jones report on the economic significance of sport. The working party will also carry out an in- depth survey into the role of and trends in voluntary activities in sport, and will replying to a French questionnaire, will contribute to preparations for the ad hoc Ministerial Conference on "Money and Sport", planned by France for 1993.
Project IV.53 - Future sports policies
Workshop on the financing of sport
This workshop followed on from the working party on the economic significance of sport, members of which were present, at least at the first part.
It was organised by the Steering Committee for the development of sport (CDDS) under the its mutual assistance programme for new members from the countries of Central and Eastern Europe having acceded to the European Cultural Convention. Bulgaria, Czechoslovakia and Hungary thus benefited from the advice on offer, as did Albania and Romania (under the Demosthenes programme).
The main objective of the workshop was to provide information and to make suggestions regarding the methods and structures of financing sport.
The subjects which were accorded priority concerned mainly: the financial context (the economy of sport, balance in the economy of sport, strengths and weaknesses of various systems, voluntary activities); direct and indirect public aid; taxation; private/commercial aid.
Mobile seminars
The CDDS decided to hold these seminars as part of its mutual assistance programme, with the aim of helping its new members to adapt their sports policies to new requirements. The seminars cover themes chosen by the country concerned (targeting management in sport) in the light of its own priorities. They are based on self-development and not on the sale of a model, as is generally the case.
Two seminars were held in 1991. The first took place in Hungary (from 25 to 30 November) and was attended by some 50 participants, including people responsible for sport at government, national or local level, secretaries general of national federations and managers of major clubs. The points discussed at this seminar were legislation, financing and responsibility in sport.
The second seminar was held in Czechoslovakia from 9 to 14 December and covered management and legislation in sport. It was attended by some 40 participants, including secretaries general of Czech and Slovak federations, managers of major clubs and other leading personalities.
The CDDS intends to organise six other seminars in 1992, in Hungary, Czechoslovakia, Poland, Bulgaria, Romania and the USSR.
Seminar on the establishment of a national information/documentation system for sport
(Macolin, 21-25 October)
This seminar, which was designed particularly for small or new countries, was the occasion for fruitful exchange of views and experiences between a small number of participants, highlighting both the need for information in these countries and possible ways in which wealthy countries could assist them.
CONVENTIONAL ACTIVITIES
European Convention on Spectator violence and misbehaviour at sports events and in particular at football matches (STE No. 120)
(Strasbourg, 14-15 November)
The 10th meeting of the Standing Committee of the above Convention noted a decline in spectator violence, despite the persistence of disquieting incidents outside sports grounds.
It also decided to continue its investigation into racial abuse and discrimination at football matches.
FIELD V
YOUTH
"Europe's future"
EUROPEAN YOUTH CENTRE
During the period covered by the present report the European Youth Centre (EYC) organised nineteen study sessions in co-operation with international non-governmental youth organisations (INGYOs) on subjects such as:
- European youth and Islam
- ecological consequences of the Single European Act
- Aids: a youth response
- Europeanisation and nationalism
- "Young people excluded from society: from marginalisation to integration"
- "Sexism, racism - What's it got to do with me?"
From 27 to 30 October 1991 the EYC organised a consultative meeting on the language courses which assembled the teaching teams and some participants. The meeting made a series of recommendations related to the qualitative and quantitative development of the EYC's language course programme.
Intergovernmental co-operation
The European Steering Committee for Intergovernmental Co-operation in the Youth Field (CDEJ) met on 22-24 October 1991. The CDEJ had an exchange of views with the consultant experts entrusted with the production of the preparatory reports for the Greater Europe project "International Youth Mobility". The CDEJ adopted the report presented by the expert committee on youth research and documentation. The report includes several recommendations to be tabled with the Committee of Ministers, inter alia, the establishment of co-operation networks among youth researchers and the setting up of a databank in this area.
The CDEJ and the Advisory Committee of the European Youth Centre and the European Youth Foundation adopted in their annual joint meeting, held on 23 October 1991, a Memorandum on Youth Policy in the Council of Europe. The objective of the Memorandum is to present possible initiatives for the future in the context of youth policy in the Council of Europe, and notably related to the new developments in Europe.
EUROPEAN YOUTH FOUNDATION
Financial contributions to international youth activities
From September 1991 to January 1992 the European Youth Foundation (EYF) made financial contributions to 15 projects totalling 991 341 FF.
The vast majority of activities dealt with the growing together of Europe and of youth structures in Western, Central and Eastern Europe. The EYF also contributed to young people's participation in the 2nd European Conference on Local and Regional Youth Policies which had been organised by the CLRAE and the Third Round Table on "Tolerance and Ethnic Minorities", which was organised by the Sub-Committee on Youth and Sport of the Parliamentary Assembly.
Four projects were training activities which aimed at promoting a better understanding of the role and functioning of NG(Y)Os in democratic society. They took place in Austria, Bulgaria, Czechoslovakia and Hungary and were specially geared towards the needs of young people from Central and Eastern Europe.
Statutory meetings
The Advisory Committee of the EYC and EYF took place in October 1991, at the same time as the CDEJ. The two bodies met jointly on the 24 October and adopted a memorandum on Council of Europe Youth Policy.
The Intergovernmental Committee of the EYF met three times. An amendment to the Statute was adopted on 22 November, changing the regulations for additional voluntary contributions to the Annual Endowment (paragraph 14.b of the Statute). In its meeting of 29 November, the Intergovernmental Committee decided on an 8% increase of the European Youth Foundation's budget for 1992.
FIELD VI
HEALTH
"The European dimension of health"
Committee of Ministers
The Committee of Ministers adopted on 15 November 1991 Recommendation No. R (91) 15 on European co-operation concerning epidemiological studies in the field of mental health27.
Project VI.1: Training and planning in health services
The Select Committee of Experts on medico-social aspects of child abuse has finished its work and will be submitting recommendations early in 1992.
The purpose of this study was to look into the arrangements in the various member States in coping with child abuse and particularly to make proposals on the coordination needed between the services concerned.
Conference on Training in the data processing field
This Conference organised jointly by the Council of Europe and the European Federation for Medical Informatics in October 1991, had as its main objective to make known to European professionals the Council of Europe recommendation on training strategies for health information systems adopted in 1990.
The Conference asked for the creation of a European infrastructure to monitor training in the different European countries, to facilitate exchanges and coordinate teaching programmes in health information systems.
Project VI.2: Ethical aspects of health
Early intervention on HIV Infection: implications for public health and the position of the individual
The increasing possibilities of early intervention for HIV-infected persons are likely to affect public health policies, especially on the position of the infected individual.
As the evaluation of early interventions is still limited, potential benefits should be carefully balanced against possible risks.
A working party has been set up to examine the implications of the availability of methods for early treatment of asymptomatic HIV-infection, from the public health point of view including the social, ethical and legal aspects. A first meeting was held in December 1991. The study will continue in 1992.
FIELD VII
ENVIRONMENT AND REGIONAL PLANNING
"A better environment for all Europeans"
Project VII.1: The European dimension of the environment
The Preparatory Committee of the pan-European Forum on the Environment met on 16 and 17 October 1991 and approved, with satisfaction, the proposal of the Swiss authorities to merge the Council of Europe Forum with the 2nd pan-European Conference on the Environment, scheduled for the same period: beginning of 1993, as agreed at the Ministerial Conference of Dobris (Prague, June 1991). Thus the various efforts undertaken in this field will be united.
Project VII.2: Soil conservation and protection of the landscape
a. Soil conservation
The group of specialists on soil conservation (PE-S-SO) held its second meeting at Strasbourg on 29 and 30 October 1991. The group adopted a draft Recommendation on soils conservation; this draft will be transmitted to the CDPE at its March 1992 meeting. Moreover, the group made proposals for the CDPE concerning a programme activities on soils to be undertaken at the Council of Europe.
b. Protection of the landscape
The group of specialists "Countryside, wildlife and landscape" met the 25-26 November 1991 in Strasbourg. It has given its final agreement for the publication of two studies, examined the draft content of a third one and has prepared the organisation of a pan-European workshop on rural landscapes, its aim, its content and its follow up. The group also took note of the preparation of a report by Liechtenstein on the ecological balance of rural areas with a view to its examination at the 7th Ministerial Conference on the Environment.
Project VII.3: Genetics and ecosystems
a. Genetic technology
The multidisciplinary group on the "Gene Technology" Project (PE-S-GG) met in Strasbourg on 14 and 15 November 1991. The group adopted a draft Recommendation on the potential ecological impacts of the contained use and deliberate release of genetic modified organisms, which will be transmitted to the CDPE at its March 1992 meeting. A technical study on the same problems has been finalised by the group. Given its membership and the legal aspects of the problem, the group could not provide a solution for the last item of its terms of reference: patenting biotechnological innovations.
b. Biodiversity and biosubsistence
The group of specialists Biodiversity and biosubsistence met on the 27 and 28 November 1991 in Strasbourg. It examined the study on the progenitors of cultivated plants in Europe. It also defined its working method: the organisation of a series of workshops on crucial research areas applied to the elaboration of conservation strategies for wild progenitors of cultivated plants.
CONVENTIONAL ACTIVITIES
Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention)
Meeting of the Standing Committee
The Standing Committee held its annual meeting from 2 to 6 December 1991, with the participation of the observer States of Algeria, the Czech and Slovak Federal Republic and the Soviet Union. The number of Contracting Parties is now 25, 22 of them member States of the Council of Europe.
The Committee amended Appendix I to the Convention.
The Committee adopted nine recommendations on:
- the conservation of natural areas outside protected areas proper,
- the conservation of some threatened reptiles in Europe,
- the conservation of some threatened amphibians in Europe,
- the use of non-toxic shot in wetlands,
- the conservation of wetland invertebrates,
- the conservation of species in appendix I of the Convention,
- the conservation of the European mink (Mustela lutreola),
- the protection of the sources of the River Pescara (Popoli, Pescara
Province, Italy)
- the conservation of the natterjack toad (Bufo calamita) in Ireland.
The Committee approved its programme for 1991, which includes four seminars (on a draft agreement on the conservation of small cetaceans in the Mediterranean and the Black Sea, on management of Mediterranean wetlands, on conservation of the wild cat and on the implementation of the Convention in States of Central and Eastern Europe), three groups of experts (on amphibians and reptiles, on invertebrates and on the conservation of the flora of Central Europe) and several studies (on guidelines for plant conservation plans, on compensation for damage caused by wild fauna to farming, forestry and livestock raising, on the European Otter, on threatened fungi, on threatened natural habitats, on the legal interpretation of Article 9 of the Convention, etc.
SERVICE ACTIVITIES
Centre Naturopa
The magazine Naturopa, No. 67, on the theme of safeguarding Europe's coastline, was published in time for distribution during an international conference that took place in the Netherlands in November. Thanks to an exemplary co-operation with the Ministry for Agriculture, Nature Management and Fisheries, this issue has also been published in Dutch.
The two special issues of Naturopa-Newsletter were devoted to nature conservation in Hungary and Czechoslovakia, and to the relations between landscape conservation and agriculture. The second issue on the Bern Convention has also been published.
The series Naturopa-Environment Features has been continued with:
91-4 Wise use as a conservation strategy: an alternative to emotionalism, by Yves Lecocq
91-5 Nature reserves are not enough, by Mike Henchman.
The Executive Bureau of the Centre's National Agencies met in Strasbourg on 13 November. Almost all the discussions concerned the project of "European Nature Conservation Year-1995".
The Centre's programme for experts from east and central Europe developed successfully:
- The first colloquy "Tourism and Environment" was held in Budapest from 25 to 27 September. It was outstanding because of the quality of the reports and other presentations, the number of experts and the exchange of experience. The colloquy adopted a Final Declaration.
- The series of study visits by experts from these countries (two per country) to specialised institutes or administrations continued.
- A fortnight's course for senior forestry officials was held with the co-operation of the State Forestry Administration of the Land of Baden-Württemberg in October. A brief visit to the Council of Europe was included in the programme. The results of this course were so fruitful that a second one will be organised in France in 1992.
The Centre's fourth consecutive annual wildlife calendar was published and sent out.
The proceedings of the Bastia Colloquy, the fourth and last colloquy in a series on "The Mediterranean coasts and the protection of the environment", were published.
FIELD VIII
LOCAL DEMOCRACY
"Democracy at the grass-roots"
Committee of Ministers
The Ministers' Deputies adopted the Convention on the participation of Foreigners in public life at local level.28 This Convention will be open to signature by the member States on 5 February 1992.
Project VIII.1: Strengthening local democracy
At its meeting on 4-6 December 1991 the Steering Committee on Local and Regional Authorities (CDLR) adopted a draft Recommendation on borrowing by local government, now submitted to the Committee of Ministers. On the same subject, the Committee adopted a report based on answers to a questionnaire and decided to send it to the Committee of Ministers, requesting approval for the publication of the document.
CDLR adopted a report on Status and working conditions of local and regional elected representatives and decided to send it to the Committee of Ministers, requesting approval for publication.
CDLR also drafted with the assistance of an expert a handbook on the democratic and organisational criteria to be borne in mind by those invited to observe local, regional or national elections. The draft was adopted and sent - subject to changes which may be proposed by the Parliamentary Assembly in its opinion, which the Secretariat should take into account in a revised version of the draft - to the Committee of Ministers, requesting approval for publication.
The topics discussed at the 9th Conference of European Ministers responsible for Local Government call for further debate; the CDLR thus decided to organise a colloquy in 1992 on the subject of decentralisation and the strengthening of local self-government. This colloquy will be held, on the invitation of the Polish government, from 13 to 15 April 1992 in Warsaw.
CDLR adopted its work programme for 1992. Among other things, it was decided to conduct a survey on the structures and functioning of local democracy within member States of the Council of Europe. The data collected through this survey should be published and periodically updated. A working group was set up with the task of examining the questions related to management and co-ordination of large city areas and their suburbs, with a view to the preparation of the 1993 Conference of Ministers responsible for Local Government.
Project VIII.2: Minority languages
The Ad hoc Committee of Experts on Regional or Minority Languages in Europe examined during its meeting held on 16-18 December 1991, the opinions given on the draft European Charter for Regional or Minority Languages by the Steering Committee which had been requested to do so (CDCC, CDDH, CDMM, CDCJ, CDPC, CDPS and CDLR) and by the European Commission for Democracy through Law. It requested the Secretariat to prepare a revised version of the draft Charter according to the decisions taken on the basis of the opinions given by the Committees.
Transfrontier Co-operation
The Select Committee of experts on transfrontier co-operation (LR-R-CT) exchanged views on a draft additional Protocol to the European Outline Convention on transfrontier co-operation.
It examined also the outlines of two studies concerning "Transfrontier fiscal equalisation in relation to incomes of border workers" and "Infrastructures and public services in transfrontier employment areas".
The Committee adopted finally an Opinion on Recommendation 1144 (1991) of the Parliamentary Assembly on the situation of frontier populations and workers.
FIELD IX
LEGAL CO-OPERATION
"A law to match Europe's future"
Project IX.1: Territorial asylum, refugees and stateless persons
The Ad hoc Committee of Experts on the Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR) met in Strasbourg on 16 and 17 September 1991.
In accordance with the terms of reference entrusted to it in June 1991 by the Committee of Ministers, the CAHAR prepared and adopted an opinion on paragraph 13 i and iii of Assembly Recommendation 1149 on Europe of 1992 and refugee policies.
CAHAR then held an exchange of views on "the concept of 'safe country' and expedient asylum procedures" on the basis of the expert report prepared by the consultant, in tandem with the work undertaken by the Vienna Group (Group of Senior Officials entrusted with the follow-up to the Conference of Ministers on the Movement of Persons from Central and East European Countries).
CAHAR also held an exchange of views on the judgment of the European Court of Human Rights in the Cruz Varas case on the basis of the Swiss expert's comments.
CAHAR was also informed of forthcoming short- and long-term work by the European Community regarding asylum.
Lastly, the Committee took note of a study entitled "Harmonisation of asylum statistics on a European level", which will be examined at a later meeting of its Bureau open to all interested delegations, with a view to considering the requisite action.
Project IX.3: Data protection and the rights of the individual
The Committee of Experts on Data Protection (CJ-PD) met from 24 to 27 September 1991 in Strasbourg. It continued the examination of the draft Recommendation on the protection of personal data in the area of telecommunication services, with particular regard to telephone services, as well as the accompanying explanatory memorandum. It decided to continue its work in that area and if possible finalise it at its next meeting which will be held from 28 to 31 January 1992 in Strasbourg. In this context the CJ-PD also held an exchange of views on developments in the Community initiatives concerning data protection.
The Committee then proceeded to examine the work of its Working Party 12 (medical data), which should be concluded with a draft Recommendation, probably to be submitted to the Committee for its 24th meeting (September 1992).
The Committee also defined the terms of reference of Working Party 13 (Statistics) as follows: "to examine the legal and technical aspects of the protection of personal data collected and processed for statistical purposes, with a view to drafting a recommendation on that subject".
On the occasion of the 10th anniversary of Convention 108 for the protection of individuals with regard to automatic processing of personal data, the World Conference of Data Protection Commissioners accepted the Secretary General's invitation to hold its XIIth session in the Palais de l'Europe from 2 to 4 October 1991. Under the general heading of "Data protection, human rights and democratic values", the Commissioners held exchanges of experience and discussed new developments such as the European Community's proposals for data protection and the situation in Central and Eastern Europe. They examined specific data protection problems in the fields of employment, data file matching, direct marketing, telecommunications, and police and security files. The Commissioners stressed the importance of implementing Convention 108 and the various recommendations on data protection in different sectors adopted by the Committee of Ministers.
Project IX.4: Bioethics
At its 14th meeting held in Strasbourg from 5 to 8 November 1991, the Ad hoc Committee of Experts on Bioethics (CAHBI) adopted two draft recommendations, one on "genetic testing and screening for health care purposes" and the other on "the use of analysis of de-oxyribonucleic acid (DNA) in the framework of the criminal justice system". The CAHBI also adopted the accompanying draft explanatory memoranda. These texts, prepared in the CAHBI, were transmitted to the Committee of Ministers for examination, adoption of the recommendations, and authorisation to publish the explanatory memoranda.
The CAHBI also held an initial debate on the preliminary draft framework Convention in the field of bioethics, and decided to set up a working party on organ transplantation and a working party on medical research.
Project IX.6: Family law
The Committee of Experts on Family Law (CJ-FA) met in Strasbourg from 15 to 18 October 1991. The Committee proceeded to study the topics for the 2nd European Conference on Family Law, to be held in Budapest in Autumn 1992. It decided that the following topics would be examined by the Conference:
1. The work of ombudsmen and other similar bodies to protect children and promote their rights.
2. Parental separation and remarriage: the attribution of parental responsibilities (in particular joint legal custody and any parental responsibilities of step-parents).
3. Legal provisions to prevent and reduce disputes in divorce cases.
4. Alternative methods of dispute resolution in family matters (eg mediation).
At its October meeting the CJ-FA also examined the preparation of a draft European Convention on the Exercise of Rights by a Child. It provisionally agreed that the draft Convention should apply to all children up to the age of 18 and not only to children who, after reaching a given age and having sufficient understanding, are able to exercise certain rights themselves. It also agreed that matters relating to the general protection of children should not be included in the Convention. The Convention should be limited to the question of ensuring the implementation of the rights of children. The CJ-FA then took note of the report of its working party which met from 18 to 21 June 1991, and provisionally agreed to include the following chapters in the draft Convention:
a. The exercise of personal and economic rights by children themselves;
b. procedural measures for the protection of the exercise of the rights of the child: (i) procedural protection of children entitled to exercise their rights themselves; (ii) procedural protection of children not able to exercise their rights themselves;
c. the setting-up of national machinery;
d. the setting-up of machinery at a European level.
Project IX.7: Protection of and prevention of damage to the environment
At their 17th Conference (Istanbul, 5-7 June 1990), the European Ministers of Justice adopted Resolution No. 1 inviting the Council of Europe to initiate work relating to the protection of the environment through criminal law.
To that end, a Project Group on the Protection of the Environment through Criminal Law was set up with terms of reference inviting it to examine the conclusions of the 17th Conference of European Ministers of Justice recommending the development of common guidelines for the purpose of combating environmental impairment, and more particularly, to examine the following questions:
a. drawing up a list of offences the purpose of which would be to provide for adequate criminal law protection for water, soil, the air, flora and fauna and other components of the environment meriting protection, and also for man in his environment;
b. applicability of the concept of endangerment offences (concrete, abstract or potential), irrespective of the damage actually done;
c. defining the relationship between criminal law and administrative law in the environmental sphere;
d. allowing for the offender's actions to avert danger or damage arising from his offence to be taken into account in decisions on prosecutions or punishment;
e. making environmental impairment a criminal offence liable to prosecution not only in the country where the offence is committed but also in all countries where the offence had consequences, taking into account the principle that no one must be prosecuted twice for the same offence.
The Project Group is free to make suggestions on other issues which need to be examined in the light of the results of its work or new developments. It should also give an opinion on the form which the guidelines should take, namely a Recommendation or a Convention.
With a view to preparing the first meeting of the Project Group planned for 1-3 April 1992, a Group of Specialists has already held two meetings, on 2 and 3 October 1991 and 5 and 6 December 1991. The Group of Specialists examined in detail the Project Group's terms of reference and previous and current work in the Council of Europe and other European and international organisations, and decided to draft a number of documents on the different components of the terms of reference. It also decided to recommend that the Project Group prepare a Convention on the protection of the environment through criminal law comprising matters of substantive criminal law and international issues, and also formulate a Recommendation on certain aspects of procedural law.
SERVICE ACTIVITIES
1. Colloquies on European Law
a. The XXIst Colloquy on European Law was held in Budapest (Hungary) from 15 to 17 October 1991. Organised by the Council of Europe in collaboration with the Faculty of Law, Eötvös Loránd University, Budapest, its main theme was "Legal aspects of privatisation". In addition to Council of Europe member States, it should be noted that Bulgaria and the USSR participated in the Colloquy as observers.
A number of reports were presented during the Colloquy working sessions, notably on the following subjects:
- law and privatisation - a general presentation of issues;
- legal forms and techniques of privatisation;
- the impact of privatisation on freedom of information;
- practical means of protecting the users and employees of public corporations in the event of privatisation.
It might be added that the reports had been prepared by professors and lawyers from both Central and Western Europe specialising in this matter.
After the Colloquy a number of conclusions were transmitted to the Project group on Administrative Law with an eye to implementation of its terms of reference relating to privatisation. The reports and conclusions of the Colloquy will be published in due course by the Council of Europe.
b. The 9th Colloquy on Legal Data Processing in Europe was held in Rome (Italy) from 1 to 3 October 1991. It was organised by the Council of Europe in co-operation with the Electronics Centre of the Italian Supreme Court of Cassation, and its theme was "Interdisciplinary research in legal data bases, in particular concerning environmental law data bases".
In addition to the participation of Council of Europe member States, observer States such as Bulgaria and Romania were present.
A large number of reports were presented at the sittings of the Colloquy. These reports, as well as the demonstrations and debates, dealt with the current situation in regard of computerised environmental law data bases in the member and observer States, the need for computerised systems in this field and the possibilities for co-operation at a European level. After the Colloquy, the participants adopted a number of conclusions, which the Committee of Experts on Legal Data Processing will examine at its next meeting in March 1992 with a view to putting forward practical proposals to the CDCJ on action to be taken on the work of the Colloquy.
In their Conclusions, the participants stressed that one of the most important tasks of the next decade will be the conservation of the environment. Information on environmental law should therefore be available at national and international level. It is certain that the setting up of computerised data banks would facilitate this task. However, there remain a number of questions to be discussed in this field, including the definition of environmental law in view of its interdisciplinary nature, and the choice between a centralised system and the organisation of an information network based on national systems. The Proceedings of the Colloquy will be published in due course by the Council of Europe.
2. Criminological and prison conferences and colloquia
The Tenth Criminological Colloquium was held in Strasbourg from 25 to 27 November 1991 on the theme: "Young adult offenders and crime policy".
The aim of the Colloquium was to consider the criminality of young adults in the light of criminological research, to examine its nature and the special features pertaining to this age group, and after the discussions to identify guidelines for an appropriate crime policy.
Over the three working days of the Colloquium the following reports were presented and examined by some 70 European and international criminologists: Nature and evolution of the criminality of young adults; The social status of the young adult; Current legislation as regards young adult offenders; Young adult offenders in the new European context. After the Colloquium the participants adopted a number of conclusions and recommendations aimed at a common crime policy for young adult offenders.
It should first of all be noted that young adults differ from both adolescents and adults by special features of a psychological, social and criminological nature. The criminality of young adults focuses on crimes against property. This is rarely premeditated, but it occupies a relatively large place in registered general crime, and is frequently linked with drug addiction. It may express itself in high-risk behaviour such as hooliganism at football stadiums, aggressive conduct on the roads and attacks on minorities.
The Colloquium considered that social strategies to prevent young adults from becoming involved in the system of criminal justice should include methods of dissuasion based on making amends.
A wide range of opinions was expressed with regard to the status to be accorded to young adults when their involvement in the system of criminal justice can no longer be avoided. The Colloquium was not in favour of setting up specialised courts for young adults. It expressed reservations about extending the system applicable to minors to young adults, considering that such an extension could only be contemplated in countries which have criminal legislation specifically applicable to minors.
In its recommendations, the Colloquium advocated a number of measures to be taken by States, eg expediting criminal proceedings in the case of young adults, and providing effective support for organisations and associations involved in crime policy for young adults. The Colloquium also considered it desirable that the scientific community draw up common instruments so that comparative research on crime among young adults can be carried out and promote studies to assess the crime policy applied to them, and that the Council of Europe continue the work launched by the Colloquium on adapting society's reaction and crime policy to the criminality of young people.
CONVENTIONAL ACTIVITIES
Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality
At its meeting from 29 to 31 October 1991, the Committee of Experts on Multiple Nationality (CJ-PL) approved the draft Second Protocol amending the Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality. The CJ-PL also adopted the Explanatory Memorandum to the Second Protocol. These texts were transmitted to the CDCJ, which took note of them at its 56th meeting and will examine them at its 57th meeting with a view to their transmission to the Committee of Ministers for final adoption.
The CJ-PL decided to proceed to regular, detailed exchanges of views on the nationality laws of States participating in the CJ-PL (current legislation, any bills being prepared, any important judicial decisions, new trends, etc) and to include this information in a document published at regular intervals.
European Convention on the Protection of Animals kept for Farming Purposes
The Standing Committee of the European Convention on the Protection of Animals kept for Farming Purposes held its 23rd meeting in Lisbon (Portugal) from 8 to 11 October 1991. It continued its work on the preparation of Recommendations to the Contracting Parties containing detailed provisions for different animal species (goats, sheep, calves, poultry) with a view to the implementation of the principles set forth in the Convention. The Committee also took note of the reports on the implementation by the Contracting Parties of the Recommendations already adopted under the Convention and the decision by the Committee of Ministers to send it Assembly Recommendation 1143 on the relations between animal husbandry and the quality of the environment, so that it could take account of it in its work.
By virtue of its rules of procedure, the Standing Committee decided to invite Estonia, Latvia and Lithuania to send observers to its forthcoming meetings, planned for 2-5 June and 3-6 November 1992.
It should be added that at the 465th meeting of the Ministers' Deputies (November 1991) the Committee of Ministers adopted the Protocol of Amendment to the European Convention on the Protection of Animals kept for Farming Purposes29, and decided to open it on 6 February 1992 for signature by member States which have signed or acceded to the Convention. It also authorised the publication of the Explanatory Report on the Protocol. The Standing Committee had prepared both texts and adopted them at its 22nd meeting (May 1991).
OTHER ACTIVITIES
The Committee of Legal Advisers on Public International Law (CAHDI) held its second meeting in Paris on 9 and 10 September 1991. At the meeting it considered the work of the 46th session of the General Assembly of the United Nations, the future work programme of the International Law Commission of the United Nations, and the implementation of the United Nations Decade of International Law.
The Committee also examined and discussed current problems of international law, including the problem of experts on missions to the United Nations, the compensation fund set up to settle certain urgent individual claims pursuant to Security Council Resolutions, developments in international law, in particular concerning the Council of Europe and Central and East European countries, reservations in respect of treaties and the Fifth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe (ETS 137).
On 16 January 1992 the Committee examined current questions of State succession in Europe relating to treaties, State property, archives and debt.
IV. PARTIAL AGREEMENTS
1. Partial agreement in the social and public health field30
A. Public health questions
Committee of Ministers
On 11 October 1991 the Representatives on the Committee of Ministers of the States members of the Partial Agreement adopted Resolution AP (91) 2 on warning phrases for certain categories of medicaments31.
Committee of Experts on the health control of foodstuffs (P-SP-AL)
The problem of residues in food from heavy metal contamination, such as lead, cadmium and mercury, is being studied from the following aspects: toxicology, intake studies, detection limits in food and methods of analysis. A report is being prepared summarising the current situation in the partial agreement member States, regarding limits for heavy metal contamination in foodstuffs and estimating dietary intakes of these contaminants from food in order to assess the risks to which the population is exposed. A list of the top ten foodstuffs likely to contain significant heavy metal contaminants is currently being prepared.
All problems relating to the presence of nitrates and nitrites in foodstuffs (meat, fish, milk products and vegetables) are constantly under review. A report on the toxicology of nitrates and nitrites in foodstuffs is at present being prepared.
The tolerance levels of mycotoxins in foodstuffs and more particularly in milk and milk products (aflatoxins) or apple juice (patulin) are constantly under review.
Committee of Experts on materials coming into contact with food (P-SP-CDA)
The Committee is currently preparing positive lists of chemical substances acceptable for use in plastic materials coming into contact with food as well as guidelines and recommendations concerning the approval of new components in plastics formulations used as food contact materials.
The following guidelines and resolutions and positive lists on materials coming into contact with food are under way: surface coatings; epoxy polymers; siloxane compounds; paper and board products; printing inks.
Committee of experts on flavouring substances (P-SP-AR)
The Committee continues the toxicological assessment of flavouring substances. The 4th edition of Part I of the "Blue Book" on chemically-defined flavouring substances will be published in 1992. The toxicological assessment of the natural sources of flavourings is under way. Furthermore the Committee is currently preparing guidelines, resolutions and positive lists on: smoke flavours; thermal process flavours; flavours produced by biotechnology; flavours produced by plant tissue cultures.
Committee of experts on pesticides (P-SP-PE)
The 7th edition of the "Booklet pesticides" providing general guidelines on pesticide registration to the manufacturers and national authorities responsible for the registration of pesticides will be published early in 1992.
The Committee is at present preparing resolutions and guidelines on risks for the consumer from non-agricultural pesticides, from residues of pesticides in ground-water and on the impacts of pesticides in the environment and on public health.
The Committee is also elaborating a European strategy on the ecotoxicity of pesticides in co-operation with EPPO (European and Mediterranean Plant Protection Organisation).
The Committee of experts on cosmetic products (P-SP-CO) is actually preparing a resolution and guidelines on good manufacturing practice for cosmetic products.
The Committee of Experts on pharmaceutical questions (P-SP-PH) held a seminar on the role and training of the community pharmacists from 2 to 4 October 1991. More than 200 pharmacists of the 25 Council of Europe member States and of Central and East European countries participated in this event, which was conceived as a consultation of the interested parties to discuss means of improving the pharmaceutical service supplied in the pharmacy premises and in the community.
The conclusions of the different workshops held during the Seminar will be used by the Committee of experts as a basic document for the elaboration of a resolution on the role and training of the community pharmacist.
B. Rehabilitation and integration of people with disabilities
Committee of Experts on the training of personnel, other than health care personnel concerned with rehabilitation (architects and town planners) (P-RR-FP)
The Committee examined the situation concerning the curricula of students of architecture and town planning and the further training courses available for architects and town planners in ten member countries (Belgium, Finland, France, Germany, Italy, the Netherlands, Spain, Portugal, Sweden, United Kingdom).
The Committee concluded its activities by:
- drawing up amendments concerning accessibility for insertion in Chapter VIII of the draft recommendation on a coherent policy for people with disabilities,
- revising the report on "Accessibility - Adaptable housing and buildings in an accessible built environment" which includes recommendations for a European policy on accessibility and adaptability.
Committee of Experts on the application of the WHO International Classification of impairments, disabilities and handicaps (ICIDH) (P-RR-CI)
The Committee is reviewing the application of the WHO International Classification of impairments, disabilities and handicaps with a view to establishing a common European language and tools based on the ICIDH for professionals involved in the rehabilitation of disabled people.
The following fields of specific application of the ICIDH are currently reviewed: the assessment of vocational capacities; the assessment of technical aids; the use of ICIDH in mental retardation; the application of the concept of handicap. Technical reports in these fields are currently being prepared.
2. Pompidou Group32
The working party responsible for preparing a regional agreement on the implementation of Article 17 (illicit traffic of narcotic drugs by sea) of the 1988 United Nations Vienna Convention met in Paris on 19-20 September 1991. At the close of the meeting, the basic elements for the preparation of the instrument were established.
The working group on treatment questions and harm/risk reduction met in Strasbourg on 1 October 1991. It made specific proposals for the sharing of experience and the planning of treatment and rehabilitation strategies. The priorities of the group concern a project to share experiences on approaches to drug treatment and harm minimisation, the organisation of an exchange scheme for professional workers and the sharing of information on drug misusers who have serious psychiatric problems.
The preparatory working party on demand reduction and the criminal justice system met in Strasbourg from 16 to 18 October 1991 to discuss the way of proceeding in this field. Its conclusions were endorsed by the Permanent Correspondents, and a small working group meets on 22-24 January 1992 in order to prepare a seminar (June 1992) on the role of the police in respect of prevention and the alternatives to prosecutions for offenders with drug problems.
The working party on education and prevention activities and the role of the media met in Strasbourg from 28 to 30 October 1991. In particular, it decided to take stock of inventories already existing in other organisations (EEC, WHO) which deal with national education and prevention programmes, so as to avoid duplication of efforts, and proposed that the questionnaire on the role of the media in shaping attitudes to drug misuse should be revised.
The 28th meeting of Permanent Correspondents was held in Strasbourg from 6 to 8 November 1991. It coincided with the 20th anniversary of the creation of the Pompidou Group. The Permanent Correspondents examined the conclusions of the different working parties and decided to draw up an action plan to follow up the Pan-European Ministerial Conference of Oslo. They also decided to invite Bulgaria, Romania, Albania, Estonia, Latvia and Lithuania to participate, on an ad hoc basis, in any relevant technical activities of the Pompidou Group which are of interest for them. Furthermore, they set up a working party to examine the working methods and resources of the Pompidou Group in the light of the enlarged membership of the Group and the technical co-operation envisaged with Central and Eastern European countries. This working party met in Paris on 21 January 1992.
The epidemiology experts group met in Strasbourg from 26 to 28 November 1991. The "multi-city" sub-group used their working sessions to discuss the updating of the multi-city study including the progress in associating new cities, and to examine the studies which are being prepared on a variety of indicators. It also examined the proposals of the small working group on the cocaine investigation strategy.
3. Social Development Fund33
On the occasion of their 25th joint meeting, the Fund's Governing Body and the Administrative Council met in Seville in the first week of September 1991.
The Governing Body noted that its Resolution 222 on the increase in the Fund's capital had come into force as a result of 79,36% of the capital having been subscribed with the participation of Germany, Cyprus, Finland, France, Italy, San Marino, Switzerland, Spain and Turkey. It granted the Administrative Council a further borrowing authorisation for 1992 to a total amount of ECU 1 250 000 000, with the proviso that the sum of ECU 1 040 000 000 should not be exceeded if no loans to the Central and Eastern European countries joining the Fund were required.
The Governing Body then held an initial discussion on the Administrative Council's report concerning the Fund's structures. It also started examining the Administrative Council's report on unequal participation by member States in the Fund's capital and reserves with a view to harmonising their potential shares in the reserves and the levels of paid-up capital.
Lastly, the Governing Body discussed the question of the Fund's relations with Yugoslavia and decided to defer payment of the fifth and final instalment under the Association Agreement of 15.1.1986, as well as the possibility of renewing this agreement for another year.
The Administrative Council, for its part, met on 3 September and granted the Governor a borrowing authorisation on the terms laid down by the Governing Body in its own authorisation to the Administrative Council. It forwarded to the Governing Body its report on unequal participation in the capital and reserves and submitted a draft resolution for the Governing Body's attention. Lastly, it approved several loan applications on behalf of Cyprus, Greece, Italy and Turkey.
At their joint meeting on 3 and 4 September, the Fund's organs decided to set up a joint working party to examine the Fund's structures.
4. European Pharmacopoeia34
The European Pharmacopoeia Commission held its 81st Session on 26-28 November 1991. Final approval was given to a number of new quality standards for medicinal products and to revisions for some existing European standards. These standards will be published in the forthcoming fascicule 16 of the 2nd Edition of the Pharmacopoeia. Between September 1991 and end of January 1992, 25 meetings of Groups of Experts and ad hoc Working parties took place.
Fascicule 15 of the 2nd Edition of the Pharmacopoeia has been printed. It contains 69 new monographs, 17 revised monographs of the second Edition and 14 other texts and general methods of analysis which will be implemented on 1st January 1992.
The new building of the European Pharmacopoeia in Strasbourg-Meinau was inaugurated on 13 January 1992.
5. Partial Agreement instituting the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works - (EURIMAGES)35
At its 17th and 18th meetings, held respectively in Copenhagen and Strasbourg, the Eurimages Board of Management awarded an amount of 32,4 MFF for the support of the co-production of 13 feature films and 1 creative documentary. Moreover, the distribution of 4 European films in 4 different countries was supported.
Since its set-up in October 1988, Eurimages has supported the co-production of 93 feature films and 9 creative documentaries with a total amount of 223,69 MFF. The total production costs of these co-productions amount to 1 848 MFF of which 12,1% was covered by Eurimages' support. Since the distribution support scheme came into operation in 1990, 38 distributors were supported for the distribution of 16 films in 16 countries for a total amount of 1,9 MFF.
Several films supported by Eurimages have gone on to receive prestigious prizes, among which was "Toto le héros" which collected four "Felix '91" awards during the recent European Film Awards ceremony in Berlin, as well as other impressive awards at international film festivals such as Locarno, Gent, Edinburgh, etc. Other films, such as "Homo Faber - Voyager" by Volker Schlöndorff, have succeeded in attracting a large audience both at home and abroad.
After a period of profound debate on the adjustment of certain policy priorities and the updating of the existing regulations, the Board of Management decided at its 18th meeting upon a set of measures which should enable producers from countries with a low audio-visual output or a limited geographical area to participate in co-production set-ups with their larger counterparts. Moreover, the Board of Management decided to recommend the Committee of Ministers to adjust some of the rules concerning the basic requirements for the eligibility of multilateral co-production set-ups, so as to better meet the practice of film-making in Europe.
6. European Centre for Global Interdependence and Solidarity36
The year 1991 was the first full operating year of the North-South Centre. The implementation of the year's programme of activities was parallelled by the build-up process of the Secretariat (staff, facilities, equipment) and national quadrilogue structures. This combination put certain constraints on the Centre's operations.
In the course of 1991, and at the meetings respectively of the Representatives of member States (5 November 1991) and the Executive Council of the Centre (22 November 1991) which considered the budget and programme for 1992, the definition of the Centre's mission, programmes and priorities has become clearer with a strong emphasis on the first two windows of the programme of activities referring to public information, media relations, education and training.
In the second half of 1991 emphasis continued to go to the contribution to the One World 1992 Project with its media and campaign dimensions, including the preparation of an education pack to be distributed Europe-wide. Particular attention is given to the link between the One World Action project and the United Nations Conference on Environment and Development ("Earth Summit") to be held in June 1992 in Rio.
The Education and Training Programme also reached maturity with the expansion of the tutors/educationalists placement project and the number of training workshops, both aiming at multiplier effects throughout Europe.
A successful follow-up to the Budapest East-West-South Encounter (December 1990) was organised on 2-9 November 1991 by the Dutch National Committee for Development Education. The report of this meeting will contain practical suggestions related to existing trilateral co-operation as well as refer to the facility of the North-South Centre which had initiated the "Budapest process" of East-West-South relations. Increasing involvement of Central and Eastern European countries in the work of the Centre reflects the Council of Europe's priority task of gradual incorporation of the new European democracies in all fields of action of the Organisation.
In the context of the North-South Centre's specific mission and consequent activities (public awareness building through education, training and dialogue with the active involvement of the quadrilogue partners), a project on Trans-Mediterranean interdependence has been suggested and included in the 1992 programme of the Centre. Increasing interdependence in the Mediterranean region requires measures to manage the changing relationship and the new economic, social, cultural and even psychological patterns which emerge from it. Special efforts will be required to raise public awareness in all Mediterranean and adjacent countries with regard to the true nature of the evolving interdependence, the causes and consequences of its most significant features.
On the occasion of the Dutch Presidency of the European Community a meeting was convened on 26 September 1992 at the Hague, of Presidents of National Parliamentary Committees in European Community Member States dealing with North-South issues. Strengthening of parliamentary participation in the activities of the North-South Centre was one of the objectives of the meeting. The Dutch Minister for Development Co-operation, Mr Jan Pronk, addressed the meeting on the subject of reorientation of development co-operation policies in the light of Europe's new realities.
On 29 November 1991 the Sub-Committee "North-South : Europe's Role" of the Committee on Economic Affairs and Development met in Lisbon in order to examine and discuss the North-South Centre's achievements, current priorities and future challenges. This meeting gave members of the Assembly the opportunity for a broad exchange of views with the permanent staff of the Centre as well as with the experts and consultants involved in the preparation and running-off of the Centre's activities.
7. European Commission for Democracy through Law37
Liechtenstein has become the 21st member of the Commission. Albania and the USSR have obtained associate member status. Canada and the USA have obtained observer status.
Over the period with which we are concerned, the Commission held two plenary meetings, at which it continued its exchanges of views on the constitutional reforms in Central and East European countries, in the presence of representatives of the countries involved.
The Commission in particular examined the Albanian draft Constitution, presented at the meeting by a multi-party delegation of the People's Assembly; on the basis of the comments made, the Albanian authorities will submit a revised draft for examination in January 1992.
The Commission also began preparatory work on creating a documentation centre on constitutional case law, which will hold the major decisions of the constitutional and supreme courts of Europe, Canada and the United States of America.
Lastly, the Commission launched the initiative of a series of University Seminars on Democracy (UNIDEM), to be organised with the collaboration of Central and East European universities, on topics relating to the implementation of the new constitutions.
8. Youth Card38
The Co-ordinating Board held its first meeting in Bordeaux on 19 November 1991. It heard a report on the results of the 5th European Conference of Youth Cards, adopted its rules of procedure and agreed on proposals for a programme and budget for 1992. These proposals will be submitted to the Committee of Ministers once the opinion of the Budget Committee is available.
V. STANDING CONFERENCE OF LOCAL AND REGIONAL AUTHORITIES IN EUROPE (CLRAE)
Standing Conference communiqué on the situation in Yugoslavia
Following a decision by the Standing Committee and in agreement with the Parliamentary Assembly, a communiqué was issued on 8 October 1991, announcing the postponement of the organisation of the Conference of Mediterranean Regions, which was to have been held in Portoroz (Slovenia) from 24 to 26 October.
This communiqué also expressed the Conference's regret at being obliged, due to events in the country, to suspend relations with the Standing Conference of Yugoslav Towns.
On 25 October 1991, following an appeal launched by the Mayor of Dubrovnik, the President of the Conference, issued a communiqué appealing for Dubrovnik to be saved. In his appeal, the President invited members of the CLRAE, national and international associations of local and regional authorities and European towns and regions to pronounce their condemnation of the attacks on Yugoslav towns and, in particular, Dubrovnik, and to express their solidarity with the people suffering from these attacks.
Granting of observer status with the CLRAE
The Standing Committee, at its meeting on 24 and 25 September in Lewes, decided to grant observer status, in accordance with Article 2 bis, paragraph 2 of the Charter, to the following organisations:
- The Association of Lithuanian Towns
- The Association of Estonian Towns
- The Association of Towns and Regions in Central Russia.
The Bureau, acting on behalf of the Standing Committee, at its meeting on 18 November in Paris, decided furthermore to grant observer status to the Union of Local and Regional Authorities of Latvia.
Emergency aid operation for Albania
The CLRAE decided to take part in the emergency aid operation for Albania's schools, undertaken by the Council of Europe following the Vienna Conference of European Ministers of Education in October, where the Albanian Minister described the dramatic situation of schools in his country.
An appeal for help was launched on 18 October by Mrs Farrington, Chair of the Committee on Education, Culture and the Media, to national and international associations of local and regional authorities and to Members of the Standing Conference.
Moreover, an appeal for emergency aid for Albania was launched by the President at the beginning of December to the Associations mentioned above, to all European regions as well as to the major towns.
The Bureau appointed a delegation to go to Albania on 14 - 18 December in order to discuss with the Albanian Minister of Education as well as with representatives from towns and regions means and ways of organising the aid scheme of the Council of Europe.
The delegation had also the task to discuss with the mayors of the most important Albanian towns possible cooperation between the CLRAE and these towns in the education field as well as in other fields.
Municipal elections in Bulgaria, 13 October 1991
The CLRAE was invited by Bulgarian authorities to observe the municipal elections held in the country on 13 October 1991.
A detailed report of this visit has been established; the principal part is the results, political background and projects concerning the reform of local government and territorial division in the country.
In terms of the election itself, the delegation concluded that, despite a number of shortcomings and deficiencies, it was conducted in an "open, balanced and democratic manner", thus sharing the view of the Parliamentary Assembly.
2nd European Conference on Local and Regional Youth Policies
(Llangollen, Wales, 26-28 September 1991)
The 2nd European Conference on Local and Regional Youth Policies held at the invitation of the CLRAE, the County of Clwyd, the municipality of Llangollen and the European Centre for Traditional and Regional Culture (ECTARC) has convened about 200 participants from 20 European countries.
The Chairman of the 3rd Conference of European Ministers responsible for Youth, Mr Couto dos Santos (Portugal), in addressing the Conference said that the promotion of youth participation in the life of the community should enable young people to live in Europe as full citizens. The Chairman of the CLRAE's Sub-Committee on Youth, Mr Duvoisin (Switzerland) and the Rapporteur of the Conference presented the draft Charter on youth participation in municipal and regional life. This draft has been discussed, amended and completed by the participants at the Conference who have also unanimously approved a "Llangollen Declaration" which sums up the conclusions of the Conference and expresses some recommendations both to the local and regional authorities and to the CLRAE.
Following a statement made by the Vice Chairman of the European Co-ordination Bureau (ECB), the challenges of Central and Eastern Europe in the youth field have been reviewed in the framework of a Round Table chaired by the parliamentarian Mr Kollweter (Luxembourg) and attended by the Lord Mayor of Budapest, Mr Demszky, representatives of Romania, Slovakia, Slovenia and the Chairman of the CENYC. An "urgent appeal was made to promote exchanges and mobility of young people between the two parts of Europe which were separated far too long by the Iron Curtain".
The CLRAE will resume consideration of this matter at its 27th Plenary Session (17-19 March 1992).
3rd European Seminar of training Centres for local and regional government staff
(Grenaa, Denmark, 14-15 November 1991)
This meeting was organised in co-operation with the Local Government Training Centre of Denmark.
It was attended by 75 participants from 21 countries, including representatives from the Czech and Slovak Federal Republic, Estonia, Hungary, Latvia, Poland and Russia.
The general theme of the Seminar was "Training functions in Europe" and its main purpose was to try to identify the institutions responsible in the different countries for each element of the training system for local and regional government staff.
The meeting also provided the opportunity for a preliminary discussion of the project to create a European training academy for local and regional government staff.
This project was supported by the vast majority of the participants, who strongly emphasised that the Council of Europe was the only European institution active in this field and that, as a result, it had to be the driving force behind the project.
In practical terms, it was decided that the Bureau of the Network should prepare a comprehensive discussion paper for the next meeting of the Network, dealing with possible objectives, tasks, legal status, organisational structures, sponsoring and participating institutions, financing, target groups, etc.
International Conference on urban safety, drugs and crime prevention
(Paris, 18-20 November 1991)
As the instigator of the series of international conferences held on this subject - the first major European one being in Barcelona in November 1987 - the CLRAE supported and played an active part in this Conference, organised by the European Forum of Local and Regional Authorities for Urban Safety, the US Conference of Mayors and the Federation of Canadian Municipalities.
Given that such major conferences on a variety of themes are thus satisfactorily organised by bodies such as the European Forum of Local and Regional Authorities for Urban Safety, itself a spin-off from the work of the CLRAE, it is likely that the CLRAE's future work shift its emphasis. It will henceforth concentrate its work on this subject - a major political, professional and public preoccupation of European cities - on the organisation of small-scale, but high level, seminars on specific aspects of urban insecurity, following the example of the Hearing on the incidence of "crack" in North American and European Towns.
Colloquy on "Poland as a regional state"
(Poznan, 6-8 December 1991)
At the request of the National Institute of Research on Local Government and the Polish National Assembly of Local Authorities, the CLRAE (in collaboration with experts from several member countries) organised a Colloquy on Regionalisation in Poland. The main theme under discussion was the process of regionalisation (causes, administrative structures, allocation of powers, relations between different levels of power, etc.)
The main aim of the Colloquy was to inform Polish participants (political representatives and experts) within the framework of the regionalisation projects being introduced in Poland. The creation of intermediate levels of power in the country should allow decentralisation to occur, aiming at widespread democratisation and better management efficiency.
Conference on the European Charter of Local Self-Government
(Barcelona, 23-25 January 1992)
The Conference on the European Charter of Local Self-Government 23-25 January 1992) is organised by the Standing Conference of Local and Regional Authorities of Europe (CLRAE) at the invitation of the City of Barcelona.
This Conference will assess the implementation of the European Charter of Local Self-Government in the member States of the Council of Europe. The Charter has been ratified to date by 15 member States and signed by three.
The aim of the Conference is to examine the implementation of the European Charter and the progress of local self-government in Europe. It will not only deal with the development of local self-government as regards legislation, but it will also study the evolution of jurisprudence in this field. The creation of a procedure of monitoring the implementation of the Charter will also be discussed, following the request of the CLRAE in its Resolution 223.
Prix EUROPA
The Prix EUROPA awards for the best TV programmes of the year were presented in Reykjavik, the organising city this year, on Tuesday 5 November, at the Municipal Theatre, in the presence of Mrs Vigdis FINNBOGADOTTIR, President of Iceland.
In the fiction category, it was awarded to the film "The Orange Man" (Swedish TV) and in the non-fiction category to the film "Katyn Forest" (La Sept, France).
A Council of Europe Special Prize (non-fiction category) was awarded to Radio TV Bremen (Germany) for the film "Under German Roofs - Money Matters". It was presented by Josephine Farrington, Chair of the Committee on Culture, Education and the Media of the CLRAE.
The European Parliament's special Prize (fiction category) was awarded to Thames TV (United Kingdom) for the film "A Small Dance".
The ceremony was transmitted by the satellite channel TV 5 Europe.
VI. CONFERENCE OF SPECIALISED MINISTERS
A. CONFERENCES HELD FROM 15 SEPTEMBER 1991 TO 15 JANUARY 1992
Fourth Conference of European Ministers responsible for Migration Affairs (Luxembourg, 17-18 September 1991)
The Conference was devoted to the following themes:
1. Current and future migration trends affecting Europe
2. Evaluation of the community relations project.
In the Conclusions and the Resolution adopted at the Conference, the Ministers:
a. set out the broad lines which should govern immigration policies of European countries in the coming years;
b. welcomed the final report of the community relations project and agreed to disseminate it widely in the participating States;
c. asked the Secretary General to make proposals for the setting up of an urgent relief system for the speedy implementation of emergency measures in cases of mass inflows of persons fleeing their country.
3rd European Ministerial Conference on Mass Media Policy
(Nicosia, 9-10 October 1991)
The 3rd European Ministerial Conference on Mass Media Policy was held in Nicosia on 9 and 10 October 1991 at the invitation of the Government of Cyprus. It was attended by Representatives of Council of Europe member States as well as of the Holy See and Poland, as full members, and, in an observer capacity, by Bulgaria, Romania and the Soviet Union.
The Conference was also attended by delegations of the Council of Europe's Parliamentary Assembly and the Standing Conference on Local and Regional Authorities of Europe, a delegation of the European Community, as well as by observers from the European Broadcasting Union and the Association of Commercial Television in Europe.
The Conference was chaired by the Minister of Interior of Cyprus, Mr Christodoulos Veniamin. Mr Francesco Tempestini, Secretary of State for Post and Telecommunications of Italy, and Mr Peter Kostelka, Secretary of State at the Federal Chancellery of Austria, Vice-Chairmen of the Conference, also chaired part of the sittings.
The general theme of the two-day Conference was: "Which way forward for Europe's Media in the 1990s?". The general theme was broken down into two specific sub-themes which formed the basis of specially commissioned reports. Sub-theme 1 was devoted to: "Media economics and political and cultural pluralism". The key report was presented by the Chairman of the Steering Committee on the Mass Media (CDMM). The second sub-theme discussed the issue of: "New channels and means of mass communication in Europe". This particular sub-theme was analysed and discussed on the basis of a report presented by the Secretary of State for Post and Telecommunications of Italy. Several other written contributions were presented to the Conference.
At the close of the debates, the Conference adopted three Resolutions and a Declaration.
The discussions throughout the Conference, while varied and demonstrating nuances in individual approaches, revealed a high degree of convergency among delegations as to the overall objectives to be pursued in relation to the issues raised by the Conference's sub-themes and as to the role of the Council of Europe in framing concerted European policies to respond to the new problems facing media policy-makers as a result of the new political, economic and technological environment in which Europe's media are now operating. In particular, the pan-European potential of the Council of Europe, its human rights ethos, its commitment to pluralistic democracy and its cultural vocation - which enable it to transcend economic and technological determinism in media development so as to embrace the political, legal, cultural, economic and technological and other dimensions thereof - were considered decisive factors for stepping up action within the Council of Europe in the shaping of concerted policy responses and the working out of appropriate mechanisms and legal instruments to meet the new challenges facing the media and media policy-makers in the 1990s.
Among the conclusions of the Conference which are outlined in the texts adopted, particular reference may be made to the following:
- the need for a co-ordination function to be assumed by the Council of Europe with regard to legislative reform and training of media professionals in Central and East European countries;
- the need for policies to be worked out within the Council of Europe which are sensitive to the needs and requirements of countries with a low audio-visual production output and limited geographic or linguistic coverage;
- the need for the Council of Europe to work out concrete measures to enable the "small" producing countries and units to produce high-quality productions and to find outlets on European and World markets. These policies are part and parcel of the need to encourage all European countries to produce high-quality European audio-visual works. The Council of Europe is also invited to examine concrete ways of ensuring the production, distribution and marketing of such works;
- the need for the Council of Europe to follow closely the evolution of media concentrations at the transnational level with a view to elaborating, if necessary, legal instruments designed to implement and co-ordinate the measures taken by the member States. In this context, the Conference invited the Committee of Ministers to consider the appropriateness of establishing a consultation mechanism providing for periodic reporting by the participating States on the evolution of media concentrations and on national measures taken in this respect, as well as for ad hoc consultations on particular situations in one or more participating States;
- the need for a coherent approach to the development of new communication technologies so as to avoid disparities within and between States and between the various socio-cultural milieux within the same country. Particular attention was accorded to the need to ensure that technological advances should develop within the framework of industrial and commercial policies which take account of the actual needs and interests of the public.
Conference of European Ministers responsible for Family Affairs
(Lucerne, 15-17 October 1991)
The XXIInd Session of the Conference of European Ministers responsible for Family Affairs took place on 15-17 October 1991 in Lucerne. Besides participants of the member States of the Council of Europe, representatives of Bulgaria, the Holy See, Lithuania, Poland, Romania, the Commission of the European Communities, of the Parliamentary Assembly and the Permanent Conference of Local and Regional Authorities of Europe participated in the Conference.
The Conference was chaired by Mr Flavio COTTI, President of the Swiss Confederation, Head of the Federal Department of the Interior, and responsible for family policy at the level of the Confederation. The theme of the Conference was "family policy and decentralisation". Ministers noted the general tendency towards decentralisation and deconcentration, and wished to see the implementation of a global and integrated family policy, based on the principle of subsidiarity.
The Ministers also devoted one session to an exchange of views on the theme of the International Year of the Family 1994 in the presence of the Co-ordinator of the United Nations International Year.
Standing Conference of European Ministers of Education
(17th Session, Vienna, 16-17 October 1991)
The 17th Session of the Standing Conference of European Ministers of Education was held in Vienna on 16-17 October 1991 on the theme "The European Dimension of Education: teaching and curriculum content". Delegations from 29 States Parties to the European Cultural Convention took part as well as representatives of the European Communities. Other European States represented, as observers, were Albania, Estonia, Latvia, Lithuania, and Romania. Observers also represented Australia, Canada, the United States of America, Unesco, OECD, EFTA and the Nordic Council of Ministers.
The Conference was opened by the Secretary General of the Council of Europe, Mrs Catherine LALUMIERE, in the presence of the Federal Chancellor of Austria, Dr. Franz VRANITZKY, and chaired by Dr Rudolf SCHOLTEN, Minister of Education and the Arts of Austria.
The Conference discussions clearly confirmed that the European dimension of education was a concept that referred to Europe in its widest geographical sense. It could not be restricted to any particular set of countries. Participants agreed that their task was to highlight and develop this European dimension in education. The national approach to education was still too prevalent. However, the movement to European unity was not to be at the expense of Europe's diversity, nor was it to result in Euro-centric attitudes.
Preparation for life in a mobile international society did not mean wholesale standardisation of education systems, which was not desirable. However, it did mean building bridges between systems as a whole, including technical and vocational education.
As to curriculum content, it was recognised that there must be an overall balance between the global, European, national, regional and local levels. There was no conflict between them. While one could speak of a European cultural heritage, the essence of this was its rich diversity, which must be preserved. Pupils should be given a sense of belonging to a wider European community through teaching about other European cultures and about the values which they shared as a heritage and which underlay the ethos of democratic society. The learning of modern languages was considered essential in all branches of education and participants confirmed that their importance in the curriculum was increasing.
Participants agreed that there should be wider recognition of educational qualifications, and that existing assessment and comparison mechanisms should be strengthened.
They also agreed on the vital importance of training teachers to take account of the European dimension in their work.
During the Conference much attention was focused on the reforms and needs of the education systems of the new democracies in Central and Eastern Europe and the Baltic States. These reforms aimed, in a context of economic crisis, to diversify educational provision, develop curricula, improve language teaching and introduce urgently needed new teaching material.
It was in this context that participants agreed, during their informal session on "Co-operation on education in a changing Europe", to the Secretary General's four concrete proposals designed to respond to the most urgent needs expressed by the countries in Central and Eastern Europe and the Baltic States:
- the preparation of classroom material and resources for human rights education and civics for both pupils and teachers;
- the recruitment of volunteer language teachers for countries in Central and Eastern Europe and the Baltic States;
- a programme of school links, twinnings and exchanges involving schools in all parts of Europe;
- emergency aid to provide essential education facilities lacking in Albania, where schools could hardly continue to operate.
Apart from its role as forum for the European integration of the countries in Central and Eastern Europe and as coordinator of the above-mentioned assistance to them, the Council of Europe should allow member countries to share examples of good practice. Participants welcomed the Council of Europe's education programmes run by the Education Committee and the Standing Conference on University Problems under the aegis of the Council for Cultural Co-operation (CDCC), in which most of the countries in Central and Eastern Europe already took part.
At the end of the Conference, Ministers adopted three Resolutions: No. 1 on the main theme, No. 2 on the work of the Council for Cultural Co-operation (CDCC), and No. 3 on emergency measures to meet the urgent needs of Albania's schools.
Ministerial Conference on the European Social Charter
(Turin, 21-22 October 1991)
In order to mark the 30th anniversary of the European Social Charter, a Council of Europe Ministerial Conference on the European Social Charter was held in Turin at the Italian Government's invitation on 21 and 22 October 1991.
The Conference was attended by all Council of Europe member States and by observers from Bulgaria, the Holy See, Poland, Romania and the Soviet Union. The Chairman of the Ministers' Deputies, a Parliamentary Assembly delegation and representatives of the International Labour Office and the European Trade Union Confederation were also present.
The Conference is to be seen in the context of the decision to give new impetus to the Charter, taken following the informal Ministerial Conference on Human Rights (Rome, 5 November 1990). At their 449th meeting (November/December 1990) the Deputies had decided to authorise the convening of an ad hoc committee, the Committee on the European Social Charter (CHARTE-REL), to make proposals for improving the effectiveness of the Charter and, in particular, the functioning of its supervisory machinery.
The work of the CHARTE-REL Committee had not only resulted in the adoption and opening for signature of an Amending Protocol (cf. Part II of the Statutory Report) but served also as a basis for the Conference which was, in fact, composed of three parts: a meeting of senior officials from the member States, the actual Ministerial Conference and the commemoration of the 30th anniversary of the Charter.
In the Final Resolution of the Conference the Ministers
- urge the member States of the Council of Europe to become Parties at the earliest possible opportunity to the Amending Protocol to the European Social Charter;
- request both the States party to the Charter and the supervisory bodies to envisage the application of certain of the measures provided for in this Protocol before its entry into force, in so far as the text of the Charter will allow;
- recommend that the Committee of Ministers of the Council of Europe take the necessary steps for the immediate implementation of measures for improving the Charter which do not require any amendment to its text;
- stress the important improvement for the effectiveness and development of the Charter which would result from the fullest possible participation by the social partners, and note that a majority of Ministers consider that such participation would be strengthened by the establishment of a system of collective complaints;
- recommend that the Committee of Ministers of the Council of Europe examine at their earliest opportunity a draft protocol providing for a system of collective complaints, with a view to its adoption and opening for signature;
- call on the organs concerned to reflect on the revision of the reporting procedure, particularly as regards its frequency;
- consider that, in order to give full effect to the efforts being made, it would be timely to update and adapt the substantive contents of the Charter in order to take account in particular of the fundamental social changes which have occurred since the text was adopted;
- recommend that the Committee of Ministers of the Council of Europe extend in 1992 the terms of reference originally assigned to the Committee on the European Social Charter to allow the task of giving fresh impetus to the Charter to be completed;
- draw the attention of the Committee of Ministers of the Council of Europe to the fact that an appreciable and rapid strengthening of the resources available to the Charter is a precondition of any significant improvement in the functioning of this instrument.
European Conference of Ministers responsible for Regional Planning (CEMAT) (Ankara, 4-5 November 1991)
The 9th Session of CEMAT was held in Ankara on 4-5 November 1991 at the invitation of the Turkish Government.
It was attended by representatives of the 25 member countries of the Council of Europe and by observers from Bulgaria, Poland and Romania.
Delegations from the Parliamentary Assembly, the Standing Conference of Local and Regional Authorities of Europe and the Commission of the European Communities also took part.
The Conference was working on the following two reports:
Theme I: Improving the instruments for rational use of land, presented by the Turkish Minister of Public Works and Settlement
Theme II: New prospects for regional/spatial planning at European level, presented by the Norwegian Minister of the Environment
A Colloquy between the Ministers and Heads of delegations and representatives of the Parliamentary Assembly and the Standing Conference of Local and Regional Authorities of Europe took place on
5 November in the morning
At this occasion, consideration was given to questions concerning major communication axes in Europe and more particularly to the need to give priority to waterways and railways in the concern to ensure greater respect for the environment and in the expectation of closer East/West co-operation.
Also discussed were problems of spatial planning in frontier regions and certain aspects of the emergency measures required to safeguard the environment, particularly in the countries of Central and Eastern Europe.
Ad hoc Conference of Ministers responsible for policies for people with disabilities (Paris, 7-8 November 1991)
The European Ministers responsible for policies for people with disabilities met in Paris at the invitation and under the presidency of Mr. Michel Gillibert, French Secrétaire d'Etat aux handicapés et accidentés de la vie. 32 countries, with 24 member countries of the Council of Europe as well as the Holy See, Canada, Poland, Romania, Bulgaria, Latvia, Albania and the USSR participated in the Conference. International organisations as well as 6 international non-governmental organisations also took part.
As the main theme of the Conference was the "independent living for people with disabilities", the discussions centred around the issues of accessibility, support and information for people with disabilities.
Thus the Conference unanimously affirmed the need to adopt a coherent policy, with precise objectives, i.e. a global policy based on all aspects of daily life, which takes into account each moment of existence.
Furthermore, the Ministers agreed that the principle of independent living of people with disabilities depends on their full participation in social life and the recognition of their right to independent living.
The Ministers also recognised the role and grassroot actions of international non governmental organisations. The latter took the floor several times to insist that the best experts in the field of rehabilitation were people with disabilities themselves. The INGOs also requested to be consulted from the outset when policies for people with disabilities were being drawn up.
Having adopted the Final Declaration of the Conference, the Ministers decided to:
a. confirm their commitment to a coherent overall policy for the benefit of people with disabilities and to ask the Committee of Ministers to adopt a recommendation in this field;
b. to create a pan-European network of projects on independent living and equality of opportunities which should aim at multiplying examples of good practice with regard to accessibility, support and information;
c. to provide a regular stocktaking on the rehabilitation of people with disabilities;
d. to underline the need to extend the scope of the rights spelt out in the Social Charter of the Council of Europe in order to cover as much as possible the measures proposed in the coherent policy for people with disabilities;
e. to bring to the attention of the Committee of Ministers the requests for assistance in the field of rehabilitation and professional training of people with disabilities expressed by Bulgaria, the Czech and Slovak Federal Republic, Hungary, Poland and Romania.
B. FORTHCOMING CONFERENCES
1992
13-15 May 1992 7th Conference of European Ministers
Rhodes responsible for Sport
Responsible body: Committee for the Development of Sport (CDDS)
Theme: The future of sport in Europe: Towards 2000
Sub-themes:
1. The ethics of sport
2. The framework of European sports co-operation
3. Sports development in Europe
20-21 May 1992 5th Conference of European Ministers
Dromoland Castle responsible for Social Security
Co. Clare
Responsible body: Committee of Senior Officials
Theme: Social security policies and employment
Sub-themes:
1. Social security and the labour market
2. The contribution of social security systems to employment policies (period 1985-91)
9-11 June 1992 18th Conference of European Ministers of
Nicosia, Cyprus Justice
Responsible bodies: European Committee on Legal Co-operation (CDCJ) and European Committee on Crime Problems (CDPC)
Themes: The strengthening of the State based on the rule of law:
- access to justice and to a fair trial
- criminal law aspects of the market economy
- the legislative process.
October 1992 7th Conference of European Ministers
<Blois> responsible for Cultural Affairs
Responsible body: Culture Committee
Themes:
"Reading, books and publishing in Europe"
Discussion of topical questions
1993
1992-1993 5th Conference of European Ministers Greece responsible for Migration Affairs
Responsible body: European Committee on Migration (CDMG)
Theme: to be defined
<25-26 March 1993 3rd European Ministerial Conference on
Venice> Equality between Women and Men
Responsible body: Steering Committee for Equality between Women and Men (CDEG)
Theme: Strategies for the elimination of violence against women in society: the media and other means
Sub-themes:
1. The causes of violence against women: the role of the media;
2. Legal and administrative measures to counter violence against women.
14-15 April 1993 4th Conference of European Ministers Vienna responsible for Youth
Responsible body: European Steering Committee for intergovernmental co-operation in the Youth Field (CDEJ)
Theme: Young people in Greater Europe
- values and life-styles of young people;
- local and regional policies in Europe and participation by young people.
12-13 May 1993 18th Session of the Standing Conference of
Madrid European Ministers of Education
Responsible body: Education Committee
Theme: Building the new Europe: Democratic values, education and mobility
1993 4th European Ministerial Conference on Mass Prague Media Policy
Responsible body: Steering Committee on the Mass Media (CDMM)
Theme: to be defined
1993 5th Conference of European Ministers of
Malta Labour
Responsible body: Steering Committee for Employment and Labour
<Theme: Demographic change in the EEC and in the neighbouring band of countries in relation to the Single Market after 1992.>
1993 10th Conference of European Ministers Netherlands responsible for Local Government
Responsible body: Steering Committee on Local and Regional Authorities (CDLR)
Themes: to be defined.
<1993 - 1994> 7th European Ministerial Conference on
Liechtenstein the Environment
Responsible body: Steering Committee for the Conservation and Management of the Environment and Natural Habitats (CDPE)
Themes:
- soil protection
- the ecological balance of rural areas (provisional)
Oct/Nov 1993 XXIIIrd Session of the Conference of European
France Ministers responsible for Family Affairs
Responsible body: Committee of Liaison Officials (MMS-HF)
Theme: to be defined
1 1 The Final Communiqué of the Session appears in Addendum I to the present Report.
2 2 See also Part I.4 below: Programmes of co-operation with and assistance to countries of Central and Eastern Europe.
3 3 The text of these Resolutions appears in Addendum I to the present Report.
4 4 The text of this Resolution appears in Addendum I to the present Report.
5 5 See Part VI.A below.
6 6 See Addendum II to the present Report.
7 7 The text of the Declaration appears in Addendum I to the present Report.
8 8 The text of the Declaration appears in Addendum I to the present Report.
9 9 The text of the Declaration appears in Addendum I to the present Report.
10 10 See also under III, Field I below: Democracy, freedom and the fundamental rights of human beings.
11 11 The text of the Protocol appears in Addendum I to the present report.
12 12 See under VI.1 below: Conferences of specialised Ministers.
13 13 Belgium, Cyprus, France, Greece, Hungary, Italy, Luxembourg, Malta, Netherlands, Norway (without reservation as to ratification), Spain, Sweden, United Kingdom.
14 14 The text of this Resolution appears in Addendum I to the present report.
15 15 Denmark, Greece, Iceland, Norway, Netherlands, Sweden and United Kingdom; reference period 1988-1989.
16 16 Austria, Cyprus, France, Germany, Italy, Malta and Spain.
17 17 The text of Recommendation No. R (91) 16 on the training of social workers and human rights appears in Addendum I to the present report.
18 18 The text of the Protocol appears in Addendum I to the present report.
19 19 This rule was worded as follows:
"The provisions of paragraph 2 of Article 32 enable the Committee of Ministers, in cases where it has decided that there has been a violation, to give advice or make suggestions or recommendations to the State concerned, provided that these are closely related to the violation. Such advice, suggestions or recommendations, whether based on proposals made by the Commission or not, would not be binding on the government to which they are addressed because they would not constitute decisions within the meaning of paragraph 4 of Article 32."
20 20 The Convention was opened for signature on 26 November 1987 and entered into force on 1 February 1989. To date, the Convention has been ratified by twenty-three member States of the Council of Europe: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
21 21 See part VI.A below.
22 22 The text of the Recommendation appears in Addendum I to the present report.
23 23 The text of the Recommendation appears in Addendum I to the present report.
24 24 See part VI.A below.
25 25 See part VI. A of the present Report.
26 26 The text of the Convention appears in Addendum I to the present Report.
27 27 The text of the Recommendation appears in Addendum I to the present report.
28 28 The text of this Convention appears in Addendum I to the present Report.
29 29 The text of the Protocol appears in Addendum I to the present Report.
30 30 Concerns the following States: Belgium, France, Germany, Italy, Luxembourg, the Netherlands, the United Kingdom. Austria, Denmark, Finland, Ireland, Portugal, Spain and Switzerland also participate in the activities of the Partial Agreement.
31 31 The text of the Resolution appears in Addendum I to the present report.
32 32 Concerns the following States: Austria, Belgium, Cyprus, Czechoslovakia, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, United Kingdom.
33 33 Concerns the following States: Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey and the Holy See.
34 34 Concerns the following States: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom.
35 35 Concerns the following States: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland and Turkey.
36 36 Concerns the following States: Cyprus, Finland, France, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey.
37 37 Concerns the following States: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Norway, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey. Associate members/observers: Albania, Bulgaria, Poland, Romania, Soviet Union, Canada, USA.
38 38 Concerns the following States: France, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal and Spain.