|
|
25 April 1995
Doc. 7294
OPINION on the honouring of obligations and commitments by member states of the Council of Europe 1
(Rapporteur : Lord FINSBERG, United Kingdom, European Democratic Group)
The dissolution of the Soviet Empire led almost immediately to the re-emergence of states wishing to embrace the tenets of democracy.
Had the Council of Europe not been in existence it would have been necessary to create it, for it was the ideal vehicle for the transition from a one-party centralised state to a country based upon a market economy and being governed by a multi-party parliament with a free press and an independent judiciary.
It was Peter Sager who invented the concept of Special guest status which provided the basis through which progress could be made. It was relatively simple to frame rules to establish this status and indeed to provide for progress to full membership once certain conditions had been fulfilled.
What had not been foreseen at first was the need for monitoring so as to ensure that commitments entered into were in fact honoured. Order N° 488 ("Halonen Order") established the guidelines and instructed the "Political Affairs Committee and the Committee on Legal Affairs and Human Rights to monitor closely the honouring of commitments entered into by the authorities of new member states and to report to the Bureau at regular six monthly intervals until all undertakings have been honoured".
In some cases, progress in honouring commitments has been slow and the need has arisen to create a method of monitoring which is transparent.
In all cases, the ultimate decision remains a political one, and for that reason no move should be made to alter the role of the Political Committee, but in view of the vital nature of human rights and legal issues, it seems sensible that the Legal Affairs and Human Rights Committee should continue to share the lead role.
The rules should therefore be altered so as to ensure that the two committees arrive at joint conclusions which shall take the form of a joint draft resolution.
The report should be submitted to the Assembly for debate unless the Bureau decides to defer such a debate in a final effort to obtain the honouring of commitments without the need for publicity. Such deferment should be limited to a maximum of three months after which the report of the two committees must appear on the agenda of the Assembly for debate and decision.
*
* *
Reporting committee : Committee on Legal Affairs and Human Rights (Doc. 7277)
Committee for opinion : Committee on Rules of Procedure
Reference to committee : Doc. 7225 and Reference No. 1994 of 30 January 1995
Opinion approved by the committee on 25 April 1995
Secretary to the committee : Mr Heinrich