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20 January 1994
Doc. 6976
1403-19/1/94-1-E
REPORT
on the follow-up to be given to the Vienna Summit
(Rapporteur: Mr SCHIEDER,
Austria, Socialist Group)
Summary
The Assembly generally welcomes the results of the Vienna Summit, although progress in certain areas was below its expectations.
It expects to be closely associated with the follow-up to be given by the Committee of Ministers and will endeavour to make specific proposals on the various political guidelines contained in the Vienna Declaration.
I. Draft recommendation
1. The Assembly welcomes the Vienna Declaration, adopted by the heads of state and government of the member states of the Council of Europe at their summit meeting on 9 October 1993.
2. It notes with satisfaction that this declaration, and the decisions appended to it, largely reflect the Assembly's views as expressed in its various recommendations addressed to the summit, especially concerning the political role of the Council of Europe.
3. It welcomes, in particular, the decision to establish a single court of human rights to supersede the present control mechanism of the European Convention.
4. The Assembly regrets, however, that the summit did not follow the Assembly's recommendation on an additional protocol on the rights of national minorities to the European Convention on Human Rights.
5. It also expresses concern that, in the framework of the plan of action to combat racism, xenophobia, anti-semitism and intolerance, the summit decided to establish a committee of governmental experts, and not independent experts as proposed by the Assembly.
6. The Assembly wishes to be closely associated with the follow-up to be given to the summit by the Committee of Ministers.
7. Therefore, the Assembly recommends that the Committee of Ministers:
i. take account of the Assembly's Opinion No. ... (1994) on the 11th Protocol to the European Convention on Human Rights establishing a single court, and open this protocol for signature at its May 1994 ministerial session;
ii. submit to the Assembly for opinion the interim report on a framework convention on the rights of national minorities, and on an additional protocol containing cultural rights in particular for persons belonging to national minorities to the European Convention on Human Rights, to be presented to the Committee of Ministers by 15 April 1994 at the latest;
iii. appoint respected personalities, with a major influence on public opinion, to the expert committee established in the framework of the plan of action to combat racism, xenophobia, anti-semitism and intolerance;
iv. invite the Assembly to participate in the work of this committee;
v. submit the report on the plan of action, to be examined in May 1994, to the Assembly for opinion;
vi. accelerate and closely associate the Assembly with its work on the adaptation of the Organisation's Statute;
vii. examine, in this context, the possibility of the accession of the European Union to the Statute of the Council of Europe.
II. Explanatory memorandum
by Mr SCHIEDER
A. Introduction
1. This report replaces the provisional document which the Political Affairs Committee, at its meeting in Paris on 3 December 1993, decided to distribute, in conformity with Rule 28, paragraph 2 of the Assembly's Rules of Procedure.
2. A first positive element that deserves to be stressed with regard to the summit, is that it finally took place. The scepticism expressed by some beforehand did not prevent twenty-nine heads of state and government to be in Vienna on 8 and 9 October 1993. Those absent, Prime Minister Major and then Prime Minister Mitsotakis, and the late Mr Antall, then Prime Minister of Hungary, all had imperative reasons preventing them from coming.
3. The Assembly was able not only to contribute to the holding of the event as such, but also to its outcome. Four recommendations of the Parliamentary Assembly were included in the summit files.1
4. Tribute should be paid to the outstanding role played by the President of the Assembly during the summit. Being given the opportunity to summarise the results and draw conclusions at the close of the event, he impressively demonstrated the Assembly's political role.
5. This report attempts to identify the contribution the Assembly could make to the implementation of the decisions taken in Vienna. Although the summit did not bring every thing the Assembly hoped for, it brought much more than many expected.
B. The Vienna Declaration
6. The declaration adopted by the heads of state and government of member states of the Council of Europe gives an interpretation of the organisation's Statute in the light of present challenges. As requested by the Parliamentary Assembly, the political role of the organisation is confirmed in the clearest possible terms. The declaration also sets out criteria for membership of the organisation: "Such accession presupposes that the applicant country has brought its institutions and legal system into line with the basic principles of democracy, the rule of law and respect for human rights. The people's representatives must have been chosen by means of free and fair elections based on universal suffrage. Guaranteed freedom of expression and notably of the media, protection of national minorities and observance of the principles of international law must remain, in our view, decisive criteria for assessing any application for membership. An undertaking to sign the European Convention on Human Rights and accept the convention's supervisory machinery in its entirety within a short period is also fundamental".
7. The summit did not give a definition of geographical limits of the organisation. It is left therefore to the Assembly to make proposals. The report (Doc. 6975) presented by the Political Affairs Committee's Chairman, Mr Reddemann, and adopted by this committee on 3 December 1993, should allow the Assembly to take a position on this issue.
8. Moreover, since the Assembly is the first to apply the criteria for admission to the Council of Europe, when preparing its opinions to the Committee of Ministers on requests for membership, it should also continue its efforts to define these criteria as precisely as possible. The summit's principles provide an excellent basis but further elaboration would be useful, in particular for applicant countries. The Assembly's Committee on Rules of Procedure should, in co-operation with the three committees concerned with examining requests for membership (Political Affairs Committee, Committee on Legal Affairs and Human Rights and Committee on Relations with European Non-Member Countries) continue the excellent work it already started on this issue and, if possible, prepare a report for the Assembly in the course of the 1994 session.
9. Closely linked to the Assembly's examination for requests for membership is the follow-up to be given to Order No. 488 (1993) on the honouring of commitments entered into by the authorities of new member states. This initiative of the Assembly was supported by several participants during the summit and the Vienna Declaration further states "We are resolved to ensure full compliance with the commitments accepted by all member states within the Council of Europe".
10. This wording reflects a suggestion made at the summit that a system of regular reports on all member countries should be introduced, taking the OECD annual economic surveys of its member countries as an example. The Assembly should consider this possibility, since Order No. 488 only concerns the new member states. The Political Affairs Committee may wish to present proposals on this issue to the Assembly during the current year. Meanwhile, both the Political Affairs Committee and the Committee on Legal Affairs and Human Rights should give due priority to the implementation of Order No. 488.
11. The Vienna Declaration was followed by a number of concrete decisions which will be commented on below.
a. Reform of the control mechanism of the European Convention on Human Rights
12. As asked for by the Parliamentary Assembly, the summit resolved to establish, as an integral part of the European Convention on Human Rights, a single European court of human rights to supersede the present controlling bodies. The decision of the Ministers' Deputies, at their 500th meeting, to officially consult the Parliamentary Assembly on draft Protocol No. 11, establishing the single court, is to be welcomed. The Committee on Legal Affairs and Human Rights will now present a careful analysis of this draft protocol to the Assembly.
13. The Assembly should do its utmost to put pressure on governments to fulfil the promise made at the summit that the 11th Protocol would be signed at the Committee of Ministers's session in May 1994 and subsequently submitted for ratification at the earliest possible date.
b. Protection of national minorities
14. The summit adopted a declaration of principles regarding the text on national minorities and decided to instruct its Committee of Ministers:
i. to draw up confidence-building measures aimed at increasing tolerance and understanding among peoples;
ii. to respond to requests for assistance for the negotiation and implementation of treaties on questions concerning national minorities as well as agreements on transfrontier co-operation;
iii. to draft with minimum delay a framework convention specifying the principles which Contracting States commit themselves to respect, in order to assure the protection of national minorities. This instrument would also be open for signature by non-member states;
iv. to begin work on drafting a protocol complementing the European Convention on Human Rights in the cultural field by provisions guaranteeing individual rights, in particular for persons belonging to national minorities.
15. The Committee of Ministers, at its 93rd session, adopted terms of reference instructing an ad hoc committee of experts to draft by 30 June 1994 a framework convention, also open for signature by non-member states, and also to begin working in parallel on drafting the above-mentioned protocol on the cultural rights in particular for persons belonging to national minorities, this work to be completed by 31 December 1994.
16. Although these decisions fall short of the Assembly's requests as laid down in Recommendation 1201 (1993) to adopt an additional protocol on the rights of minorities to the European Convention on Human Rights, the compromise which was reached after extremely difficult negotiations can be considered acceptable. It is however essential that the Assembly be closely involved by the Committee of Ministers in the elaboration of the aforementioned legal texts which should be submitted to it at an early stage so as to enable the Assembly to adopt a decision without prolonging the procedure. At the same time, the Committee on Legal Affairs and Human Rights, together with the Political Affairs Committee, should present a report to the Assembly on confidence-building measures (see paragraph 14.i above), in the implementation of which the Assembly may well wish to play a role.
c. Declaration and plan of action on combating racism, xenophobia, anti-semitism and intolerance
17. The summit also adopted this declaration, following to a considerable extent the proposals set out in Recommendation 1222 (1993). It is regrettable, however, that contrary to the Assembly's insistence on a committee of independent experts, the summit decided to establish a committee of governmental experts. The initiative taken by the Assembly's President to urge the Committee of Ministers to appoint respected political personalities with a major influence on public opinion to this committee is to be supported (see Appendix: extracts of the letter addressed by the President to Mr Willy Claes, Chairman-in-Office of the Committee of Ministers, on 15 November 1993). Since expert committees are in any case under the authority of the Committee of Ministers, and thus under the authority of the member states' governments, this would in no way infringe on member states' sovereignty. Moreover, since the expert committee is not mandated to judge but rather to propose and study, there is no objective reason why the Assembly's wishes in this respect could not be satisfied.
18. In any case, the Assembly should insist that it be invited to participate in the work of this committee.
19. The President of the Assembly also received an invitation on 16 December 1993 from the Secretary General to participate in an international seminar, "Europe against intolerance", to take place on 3 and 4 March 1994 at the Council of Europe in Strasbourg. The conclusions of this seminar, in which the Assembly should play an active role, will constitute an important element of the plan of action. The Committee of Ministers will examine a first report on the implementation of this plan in May 1994. This report should be transmitted to the Assembly for opinion.
d. The creation of a consultative organ genuinely representing local and regional authorities in Europe
20. On 4 November 1993, the Standing Committee adopted Opinion No. 177 (1993) on a draft statutory resolution relating to the setting up of a Congress of Local and Regional Authorities in Europe.
e. Revision of the organisation's statute
21. In the Vienna Declaration, the summit instructed the Committee of Ministers to adapt the organisation's Statute as necessary for its functioning, having regard to the proposals of the Assembly. The Committee of Ministers' Deputies, at their 500th meeting, instructed their Working Party on the Institutional Role of the Council of Europe to implement this decision. The Parliamentary Assembly should, on the basis of its earlier Recommendation 1212 (1993) on the revision of the Statute and in the light of the Vienna Declaration, ask to be closely associated with the activities of this working party and insist that they be accelerated as much as possible. The Ad Hoc Committee on the Revision of the Statute could ensure the necessary liaison.
22. It might also wish to take up the proposal launched by the European Commission at the summit to consider accession of the European Union to the Council of Europe. The Assembly had already proposed in Recommendation 1214 (1993) that the European Community adhere to the European Convention on Human Rights and to the European Cultural Convention.
23. However, at the 170th session of the Council of the European Community (European Union) (Brussels, 29-30 November 1993), the Ministers for Justice and Internal Affairs considered a report on the state of proceedings as regards the accession of the European Community to the European Convention on Human Rights and decided to ask the European Court of Justice for an opinion. Should this opinion become public, it would appear useful if the Parliamentary Assembly, through its Committee on Legal Affairs and Human Rights, would rapidly transmit its comments to the Committee of Ministers with a view to accelerating this process on behalf of the Council of Europe.
24. It should also be recalled that the European Parliament, in its resolution on relations between the European Union and the Council of Europe, adopted on 15 December 1993, called on the Commission to put forward proposals to facilitate the accession of the European Community to the Council of Europe. Following the ratification of the Maastricht Treaty and the establishment of a common foreign security policy at the level of the European Union, it would appear essential for the political role of the Council of Europe that the Union as such be represented in the organisation. A clear political commitment in this respect could overcome any technical difficulties which might arise.
f. Other issues
25. The Vienna Declaration also gives other political guidelines, to the implementation of which the Assembly could make a useful contribution. These are listed below.
i. "Intensifying functional co-operation in the human dimension sphere between the Council of Europe and the CSCE"
26. It could be envisaged to formalise relations between the Assembly and the Parliamentary Assembly of the CSCE. At the moment, liaison is ensured by the Bureau's Ad Hoc Committee on the CSCE but other steps such as a joint meeting of the Bureaux of both assemblies could be considered.
ii. "Importance of commitments accepted within the framework of the Council of Europe's Social Charter and the European Code of Social Security"
27. This could provide incentive for the Social, Health and Family Affairs Committee to make proposals on improvement of social protection, especially in the Council of Europe new member states.
iii. "Development and co-ordination of assistance programmes (for the success of the economic and political transition in central and eastern Europe) in liaison with the European Community"
28. It should be recalled that the Assembly, in its Recommendation 1214 (1993) on the Vienna Summit, adopted on 30 June 1993, had asked for the creation of a solidarity fund for this specific purpose.
29. On 10 December 1993, the Ministers' Deputies when adopting the Council of Europe budget for 1994 decided to allocate 41,4 million French Francs to co-operation with the countries of central and eastern Europe. This sum includes 3,5 million French Francs for the co-operation programme of the Assembly. In addition, a newly opened special account "Follow-up to the Vienna Summit" was created.
30. In order to enhance its parliamentary role and to proceed to a political evaluation of the Council of Europe's assistance programmes, the Assembly could consider organising a debate on this issue, on the basis of a report to be submitted by the Secretary General. This could be carried out in conjunction with an examination of the Assembly's own assistance programmes.
iv. "The value of co-operation conducted within the Council of Europe to protect the natural environment and improve the built environment"
31. The Committee on the Environment, Regional Planning and Local Authorities and the Committee on Culture and Education could base themselves on this clear political commitment to make specific proposals on increasing the organisation's activities in this field.
v. "Migration challenges"
32. The Vienna Declaration encouraged the "Vienna Group" for its work. It might be useful if, on the basis of a report by the Committee on Migration, Refugees and Demography, the Assembly could debate the work of this Vienna Group and make proposals for its increased effectiveness.
vi. "Cultural co-operation, in which the Council of Europe is a prime instrument"
33. The Committee on Culture and Education should continue to insist on the European Union becoming a party to the European Cultural Convention. A specific report, on the basis of the Maastricht Treaty which mentions co-operation between the Union and the Council of Europe, both as regards education (Article 126) and culture (Article 128) could help to bring matters forward.
C. Conclusions
34. As the summit took place only very recently, it was of course not possible in this report to provide an exhaustive analysis or detailed proposals in response to the decisions taken and guidelines adopted in Vienna. It is clear that there are many implications for the Assembly as set out above, and it would appear advisable if the Assembly, during its 1994 session, would give clear priority to debating texts which are directly related to the follow-up to be given to the summit.
35. Political momentum has been created and the Assembly should not fail to seize the opportunities created.
APPENDIX
Extracts of the letter addressed by the President
to Mr Willy Claes, Chairman-in-Office of the Committee of Ministers
on 15 November 1993
.....
In commenting the Vienna Declaration at the meeting of the Joint Committee on 4 November 1993, the Assembly delegation noted one particular urgency: namely the establishment of the committee of governmental experts on the plan of action on combating racism, xenophobia, anti-semitism and intolerance. We wish to suggest that member governments would be well advised to appoint persons to this committee who are respected political personalities with a well-established background on the issues the committee will be dealing with and with a good deal of influence on public opinion. In addition, several Assembly committees have asked me to propose that the Assembly be represented on this committee.
.....
Reporting committee: Political Affairs Committee.
Budgetary implications for the Assembly: none.
Reference to committee: standing mandate.
Draft recommendation adopted on 18 January 1994 with 42 votes to 0 and 1 abstention.
Members of the committee: Mr Reddemann (Chairman), Sir Dudley Smith (Vice-Chairman) (Alternate: Mr Ward), Mrs Baarveld-Schlaman (Vice-Chairperson), MM. Agnelli, Alvarez-Cascos (Alternate: Zapatero), Andreotti (Alternate: Visibelli), Antretter, Baumel, Bernardini, Björn Bjarnason, Bokov, Bratinka, Cimoszwicz, Efraimoglou (Alternate: Korakas), Espersen, Lord Finsberg, MM. Flückiger, Fogas, Galanos (Alternate: Hadjidemetriou), Gricius, Mrs Haller, Mrs Halonen (Alternate: Rehn), MM. Hardy, Hellström, Irmer, Mrs Janu (Alternate: Mr Spacek), MM. Kalus, Kaspereit, Kelam, Kelchtermans, Kenneally (Alternate: Gregory), König, Mrs Lentz-Cornette, MM. van der Linden (Alternate: Verbeek), Machete, Martins, Maruflu, Masseret, Mimaroǧlu, Oehry, Pahor, Pangalos (Alternate: Rokofyllos), Panov, Psaila Savona, de Puig, Schieder, Seeuws, Mrs Suchocka (Alternate: Mr Moczulski), MM. Szent-Ivanyi, Tarschys, Thoresen (Alternate: Berg), Trabacchini (Alternate: Ferrari), N... (Alternate: Radulescu Botica).
NB. The names of those members who took part in the meeting are printed in italics.
Secretaries to the committee: Mr Sorinas, Mr Kleijssen and Mrs Kleinsorge.
1 1 1. Recommendation 1201 (1993) on an additional protocol on the rights of national minorities to the European Convention on Human Rights, Recommendation 1214 (1993) on the Vienna Summit (8-9 October 1993), Recommendation 1220 (1993) on recent political events (related to the Vienna Summit) and Recommendation 1222 (1993) on the fight against racism, xenophobia and intolerance.