13 January 1993

Doc. 6737

REQUEST FOR AN OPINION

FROM THE COMMITTEE OF MINISTERS

TO THE ASSEMBLY

on the accession of the Czech Republic to the Council of Europe

RESOLUTION (93) 3

on the Czech Republic

(adopted by the Committee of Ministers

on 13 January 1993

at the 484 quater meeting of the Deputies)

      The Committee of Ministers,

      Recalling its decision, taken at its 8th Session in May 1951, to consult the Parliamentary Assembly before inviting a State to become a member or associate member of the Council of Europe in accordance with the provisions of the Statute;

      Considering that the Government of the Czech Republic has expressed, in its letter of 1 January 1993 to the Secretary General of the Council of Europe, the wish to be invited to join the Council of Europe, and has declared itself willing to respect the principles laid down in Article 3 of the Statute;

      Having taken note with satisfaction of the Czech Republic's interest in joining the Organisation,

      Invites the Parliamentary Assembly to state its opinion on this matter and brings the following considerations to the attention of the Assembly at this stage:

      First of all, the Committee of Ministers considers that the Czech Republic, one of the successor states of the Czech and Slovak Federal Republic, which was a member of the Council of Europe from 21 February 1991 to 31 December 1992, should have the possibility of joining the Organisation at the earliest opportunity, having regard to the requirements of the Statute, ie implementation of the principles of pluralist parliamentary democracy, respect for human rights and the rule of law.

      The Committee of Ministers noted with satisfaction that, according to the above-mentioned letter, the Czech Republic considers itself bound, as from 1 January 1993, by the European Convention on Human Rights and the Protocols thereto, including Articles 25 and 46, ie the right of individual petition and the compulsory jurisdiction of the European Court of Human Rights, as they had been accepted by the former Czech and Slovak Federal Republic. This decision, combined with the will expressed by the Czech Republic to consider itself bound by all the other Council of Europe conventions to which the Czech and Slovak Federal Republic was a Party, is serious evidence of the intention of the new State's authorities to comply fully with the principles which govern membership of the Council of Europe. The Committee of Ministers believes that everything possible should be done to reduce the duration and consequences of the period separating the dissolution of the Czech and Slovak Federal Republic from the accession of the Czech Republic to the Council of Europe.

      The Committee of Ministers stresses the importance it attaches to the respect for the human rights and fundamental freedoms of all persons living on the territory of the Czech Republic, including those belonging to national minorities and ethnic groups.

      The Committee of Ministers also wishes to highlight the political importance of the commitments which membership of the Council of Europe implies in regard to respect for the rules governing the democratic process and to the solving of problems through political dialogue. Membership of the Council of Europe also implies the preparedness to settle by dialogue and negotiation any outstanding question in relations between member states.