Vienna Summit (8-9 October 1993)

11 June 1993

Doc. 6862

1403-9/6/93-2-E

REPORT

on the Vienna Summit

(8-9 October 1993)

(Rapporteur: Mr SCHIEDER,

Austria, Socialist Group)

Summary

The forthcoming Summit of Heads of State and Government in Vienna

(8-9 October 1993) offers a unique opportunity to adapt the role and responsibilities of the Council of Europe to the dramatically changed circumstances of our continent.

Firm decisions are called to confirm our Organisation's political role.

The Assembly proposes in particular that the Summit results in decisions on:

— adoption of an additional protocol to the European Convention on Human Rights on the rights of national minorities,

— revision of the Council of Europe's Statute,

— establishment of a single full-time Court of Human Rights,

— establishment of a solidarity fund to help new member states.

I. Draft recommendation

1. The Assembly considers that the Summit of Heads of State and Government in Vienna in October 1993 offers a unique opportunity to adapt the role and responsibilities of the Council of Europe to the dramatically changed circumstances of our continent at the close of this century.

2. In order to make full use of this opportunity, the Summit should result in a series of decisions and firm commitments and not in lofty declarations.

3. The Assembly has noted with satisfaction the items for the Summit's agenda as agreed on by the Committee of Ministers on 14 May 1993, which to a large extent respond to its own demands.

4. The Assembly recalls that on a number of these items it has already addressed specific recommendations to the Committee of Ministers, which it expects to find included in the decisions of the Summit.

5. In particular, it has transmitted to the Committee of Ministers a complete draft Additional Protocol to the European Convention on Human Rights on the rights of national minorities. The approval of such a protocol at the Summit would be the best demonstration that some lessons are being drawn from the tragedy in the former Yugoslavia, and that measures are being taken to limit the risks of future conflicts.

6. In addition, the Assembly expresses concern about the ability of the Organisation's new members to make full use of its potential, because of their difficult economic situation. Europe's democratic security merits a supplementary financial effort.

7. Consequently, the Assembly recommends that the Committee of Ministers include the following in the draft declaration it is preparing for the heads of state and government:

i. On the role of the Council of Europe in the new Europe — political and institutional aspects:

a. to confirm that the Council of Europe is the organisation for political co-operation, in which all European states have, or will have, the possibility to participate on an equal basis; and

b. that it is the organisation entrusted in particular with safeguarding parliamentary democracy, human rights and the rule of law and with ensuring multilateral cultural co-operation on the basis of the European Cultural Convention;

c. to adopt a revised Statute of the Council of Europe (as proposed in Recommendation 1212 (1993));

d. to recognise that the consequences of the accession of new member states to the Council of Europe places an intolerable burden upon the Assembly's secretariat and hence to provide additional financial means;

e. to establish a solidarity fund, with voluntary contributions, aimed at assisting the new members of the Organisation to take full advantage of its potential;

f. to invite the European Community to adhere to the European Cultural Convention (as proposed in Recommendation 1193 (1992) on the future of European construction);

ii. Actions relating to the strengthening of democracy, respect of human rights and the rule of law:

a. to create a single court as a full-time body in place of the existing Commission and Court of Human Rights (as proposed in Recommendation 1194 (1992) on the reform of the control mechanism of the European Convention on Human Rights);

b. to invite the European Community to adhere to the European Convention on Human Rights (as repeatedly proposed, beginning with Resolution 745 (1981));

c. to adopt an additional protocol to the European Convention on Human Rights on the rights of national minorities (as proposed in Recommendation 1201 (1993)).

II. Explanatory memorandum

by Mr SCHIEDER

A. Introduction

1. Fifteen years after the Assembly, in Recommendation 803 (1977) first did so, French President Mitterrand proposed the holding of a Council of Europe Summit when addressing the Parliamentary Assembly on 4 May 1992. This proposal was taken up by the Austrian Government which extended a formal invitation to the Committee of Ministers.

2. At their Special Ministerial Meeting in Istanbul (10-11 September 1992), the Committee of Ministers "accepted with gratitude the invitation of the Austrian Government to hold the Summit in Vienna in October 1993 to discuss the future role of the Council of Europe at pan-European level and the implications thereof". The date for the Summit was subsequently fixed at 8 and 9 October 1993.

3. On 5 October 1992, the Assembly adopted Recommendation 1193 on the future of European construction. It recommended that a number of questions be submitted to the participants in the Summit. On 13 November 1992, the Ministers' Deputies Working Party for the preparation of the Vienna Summit met for the first time, chaired by Austria.

4. The Bureau of the Assembly, on 15 January 1993, decided to set up an Ad hoc Committee on the Vienna Summit, composed of the chairmen of the Assembly's political groups and chaired by the President. This ad hoc committee held an exchange of views with the Chairman of the Committee of Ministers' Deputies, the chairmen of the Committee of Ministers Deputies' working party and the Chairman of the its task forces in Strasbourg on 2 February 1993. At its meeting on 10 May 1993, the Bureau decided that the ad hoc committee would continue to liaise between the Assembly and the Committee of Ministers and asked its Political Affairs Committee to prepare a report on the Vienna Summit to be adopted during the sixth part of the 44th Ordinary Session (June/July 1993)

B. Preparation of the Summit

5. At their meeting in Strasbourg on 14 May 1993, the Committee of Ministers agreed to the following items for the agenda:

— The role of the Council of Europe in the new Europe — political and institutional aspects

Under this item, the heads of state and government might consider:

—th e Council of Europe's tasks and place in relation to other organisations and institutions, in particular the European Community and the CSCE;—

—st rengthening democratic security in Europe, taking into consideration in particular cultural co-operation, transfrontier and regional co-operation, and structures of local democracy;—

—th e enlargement and strengthening of the Council of Europe — membership, structures, methods, resources.—

— Action relating to the strengthening of democracy, respect for human rights and the rule of law.

Under this item, the heads of state and government might consider: the reform of the mechanisms for the protection of human rights; the protection of minorities; the fight against intolerance, racism, anti-semitism and xenophobia and their complex roots — including a plan of action on these subjects.

6. With regard to the reform of the control mechanism of the European Convention on Human Rights, the ministers gave instructions with a view to preparing a draft protocol to amend the European Convention on Human Rights for submission at the Summit.

7. Concerning minorities, the ministers "urged that progress be made with this work in order to permit the heads of state and government meeting in Vienna to take a decision of principle on the responsibilities of the Council in the field of protection of national minorities, including by means of international legal instruments".

8. It would appear that the results of the Summit are expected to consist of a declaration on the items under the first heading and specific measures, which could be contained in appendices, regarding the items under the second heading.

9. It has been suggested that heads of states and government might wish to adopt declarations on current political issues.

Participation in the Summit

10. It is likely that those states whose applications for membership have been referred by the Committee of Ministers to the Parliamentary Assembly will be invited, possibly for a special informal sitting.

C. The Assembly's contribution

11. The Assembly has already adopted a number of recommendations which include specific proposals for decisions that could be taken at the Summit.

12. As regards the first item on the Summit's agenda, "The Council of Europe's task and place in relation to other organisations and institutions", the Assembly clearly stated in Recommendation 1193 (1992) on the future of European construction that "the different organisations that are active on the continent must co-ordinate their work in order to avoid duplication of effort, wastage of available resources, conflict of jurisdiction and legal uncertainty". The recommendation went on to specify that CSCE should assert itself in the sphere of security and crisis prevention with the support of the North Atlantic Treaty Organisation (NATO) and the Western European Union (WEU). Economic co-operation at pan-European level was an obvious task for the European Community, the Organisation of Economic Co-operation and Development and the European Bank for Reconstruction and Development (EBRD). The Assembly set out its view that the Council of Europe is the most appropriate Organisation to promote parliamentary democracy, respect for human rights and to ensure European cultural co-operation. The recommendation further suggested themes for the Summit and recommended that the Committee of Ministers invite the European Community to adhere to the European Cultural Convention as soon as possible.

13. Concerning the role of the Council of Europe, in Recommendation 1212 (1993) on the adoption of a revised Statute, the Assembly asked for a "permanent political dialogue for the purpose of reaching agreed positions on questions of mutual interest and so contributing to cohesion and solidarity between its member states" (Article 21).

14. As to the enlargement and strengthening of the Council of Europe, the Parliamentary Assembly's views are also found in Recommendation 1212 (1993). The Assembly has asked that the revised Statute be adopted on the occasion of the Summit.

15. In Resolution 993 (1993) on the general policy of the Council of Europe, the Assembly reaffirmed that the Council of Europe was the Organisation best placed to develop international legal instruments regarding the protection of minorities, as well as on combating racism and xenophobia and protecting social and economic rights in Europe's new democracies. The resolution also called for institutional reforms, to be decided upon at the Summit, to strengthen the democratic character of the Organisation. The resolution further considered that the Summit was a unique opportunity to strengthen human rights at European level in two ways: firstly, through the adoption of a protocol on the rights of national minorities to the European Convention on Human rights, and secondly, through an increase in the effectiveness of the existing legal machinery for the protection of human rights, including the setting up of transitional machinery for such protection in European states which were not members of the Council of Europe.

16. The Assembly repeated its call for the adoption of such a protocol in Recommendation 1201 (1993) on an additional protocol on the rights of national minorities to the European Convention on Human Rights. To accelerate matters, the Assembly presented the Committee of Ministers with the text of a proposal for such an additional protocol.

17. As regards the reform of the mechanisms for the protection of human rights, the Assembly, in Recommendation 1194 (1992) on the reform of the control mechanism of the European Convention on Human Rights, gave a clear preference to the proposal to create a single court as a full-time body in place of the existing Commission and Court. The Assembly has also repeatedly called upon the European Community to adhere to the European Convention on Human Rights (beginning with Resolution 745 (1981)).

18. The committee has also appointed a Rapporteur on the fight against racism and xenophobia, Mr Espersen. Given the already considerable number of reports prepared by the Political Affairs Committee for the next part-session, the committee will not have an opportunity to present this report to the Assembly before the autumn. However, this would still enable the Assembly to make proposals to the Summit.

19. The autumn session should also enable the Assembly to transmit its position on current political issues to the Summit.

20. The Rapporteur would wish to draw inspiration from the motion for a Recommendation (Doc. 6655) on the establishment of the support fund on behalf of new democracies which are special guests of the Council of Europe, presented by Mr Tarschys and others. It is clear that with the admission of an ever-increasing number of central and eastern European new democracies, the financial basis of the Organisation will need to be carefully re-examined. In addition to Mr Tarschys's concern, which relates to the costs entailed by the effective participation and activities of the Assembly, the Rapporteur would suggest that a support fund be created not only for participation in the activities of the Assembly, but in other activities of the Council of Europe as well. Already at present, for instance, the Russian Federation owes approximately 16 million French francs to the Council of Europe for activities relating to the Cultural Convention and the Partial Agreement on Natural and Technological Disasters to which it is a party. A solidarity fund to which voluntary contributions could be made would appear a possibility to help the new democracies and preserve the Council of Europe's financial health.

D. Conclusions

21. The Assembly has already made a number of detailed proposals to the Committee of Ministers as regards the Vienna Summit. These relate to the items which have been selected by the Committee of Ministers for inclusion in the agenda. If the Summit is to be a success, it should result in decisions, not in lofty declarations. The Assembly should urge the Committee of Ministers to include the Assembly's proposals in the draft decisions it is preparing for the heads of state and government. The President of the Assembly, who will be invited to speak at the Summit, will, in his presentation, have the opportunity to elaborate on these proposals.

Reporting committee: Political Affairs Committee.

Budgetary implications for the Assembly: none.

Reference to committee: standing mandate

Draft recommendation unanimously adopted by the committee on 2 June 1993.

Members of the committee: Mr Reddemann (Chairman), Sir Dudley Smith (Vice-Chairman), Mrs Baarveld-Schlaman (Vice-Chairperson), MM. Agnelli, Alvarez Cascos, Andreotti, Antretter, Baumel, Björn Bjarnason, Bokov, Bratinka, Cimoszewicz, Efraimoglou, Espersen, Lord Finsberg, MM. Fiorini, Flückiger (Alternate: Muehlemann), Galanos (Alternate: Hadjidemetriou), Mrs Haller (Alternate: Bloetzer), Mrs Halonen, MM. Hardy, Hellström, Irmer (Alternate: Feldmann), Kaspereit, Kelchtermans, Kenneally, König, Mrs Lentz-Cornette, MM. van der Linden (Alternate: Verbeek), Machete, Martins, Maruflu, Masseret, Mimaroǧlu, Moya, Oehry, Pangalos, Panov, Psaila Savona, Schieder, Seeuws, Mrs Suchocka, MM. Szent-Ivanyi, Tarschys, Thoresen (Alternate: Berg), Trabacchini.

N.B. The names of those members who took part in the meeting are printed in italics.

Secretaries to the committee: MM. Sorinas and Kleijssen.