19 January 1993

Doc. 7002

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Replies to Recommendations 1183 (1992),

1220 (1993), 1221 (1993) and 1222 (1993)

(adopted by the Committee of Ministers on 14 January 1994

at the 506th meeting of the Ministers' Deputies)

Recommendation 1183 (1992)       on access by European non-member States to institutions operating under certain Council of Europe conventions relating to human rights

Supplementary reply by the Committee of Ministers:

      To supplement its interim reply of September 1992 to Parliamentary Assembly Recommendation 1183 (1992) on access by European non-member States to institutions operating under certain Council of Europe conventions relating to human rights, the Committee of Ministers wishes to inform the Parliamentary Assembly of the following:

1.       As regards the speeding up of the work to reform the organs responsible for implementing the European Convention on Human Rights (paragraph 7.ii. of Recommendation 1183), the Committee of Ministers refers to its interim reply of 20 January 1993 to Assembly Recommendation 1194 (1992) on the reform of the control mechanism of the European Convention on Human Rights and to its supplementary reply of 16 June 1993 to the same text, and recalls that at their 500th meeting, held in October 1993, the Ministers' Deputies agreed 'to extend until 31 March 1994 the completion date for the ad hoc terms of reference given to the Steering Committee for Human Rights (CDDH) by their Decision No. CM/561/280593 of 28 May 1993 in order to allow the latter, on the one hand to finalise the draft of Protocol No. 11 to the European Convention on Human Rights and on the other hand to examine and adopt the draft explanatory report prepared by the Secretariat with a view to adopting a protocol and opening it for signature at the ministerial meeting in May 1994'.

      Furthermore, they decided 'to consult officially the Parliamentary Assembly as well as the European Commission and Court of Human Rights on Draft Protocol No. 11 to the European Convention on Human Rights in its present drafting (Appendix I to Appendix III to Document CM(93)172, pages 18 - 27), with a view to seeking their opinion on this text ...' and agreed 'to keep these three bodies regularly informed on progress of the work of the experts'.

      The Committee of Ministers furthermore wishes to draw the Assembly's attention to paragraph 4 of the final communiqué of the 93rd Session of the Committee of Ministers held on 4 November 1993, which reads as follows: 'Following the decision by the Heads of State and Government 'to improve the effectiveness of the European Convention on Human Rights by establishing a single Court for ensuring compliance with undertakings given thereunder', the Ministers noted with satisfaction that their Deputies had already taken the necessary steps to enable the experts to finalise a draft Protocol to the Convention in time for it to be opened for signature at their 94th session in May 1994.'

      Since then, Draft Protocol No. 11, in the form in which it exists following the meeting of the Committee of Experts for the Improvement of Procedures for the Protection of Human Rights (DH-PR) held from 8-10 November 1993 and the 35th meeting of the CDDH held from 22-25 November 1993, has been transmitted by the Chairman of the Deputies to the President of the Parliamentary Assembly, as well as to the Presidents of the European Court and Commission of Human Rights for opinion.

2.       As regards the opening of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment to accession by European non-member States (paragraph 7.iii. of Recommendation 1183), the Committee of Ministers wishes to inform the Parliamentary Assembly that at their September 1993 meeting the Ministers' Deputies adopted the text of Protocol No. 1 to the said Convention, under whose terms 'The Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to the Convention', and that this Protocol was opened for signature on 4 November 1993 during the 93rd Session of the Committee of Ministers.

3.       As regards inviting the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to visit places of detention in European States which are members of the CSCE but not of the Council of Europe (paragraph 7.i.b. of Recommendation 1183), the Ministers' Deputies, having received the opinions of the Steering Committee for Human Rights (CDDH) and of the CPT, decided to adopt on this matter an open and pragmatic approach.

4.       As to European States which are members of the CSCE but not of the Council of Europe requesting opinions from the European Court of Human Rights (paragraph 7.i.a. of Recommendation 1183) and as regards obtaining opinions from the Committee of Independent Experts of the European Social Charter on questions concerning economic and social rights (paragraph 7.i.c. of Recommendation 1183), the Committee of Ministers recalls that, in its interim reply to the present Assembly Recommendation, it had informed the latter that it had requested the Committee of Independent Experts of the European Social Charter and the European Court of Human

      Rights to formulate opinions on these points. It had furthermore informed the Assembly that it had also asked the European Commission of Human Rights to formulate an opinion on this problem. In the light of the opinion of the Committee of Independent Experts of the European Social Charter and of the important institutional and legal difficulties emphasised by the European Court and Commission of Human Rights, the Committee of Ministers believes that it would be better not to pursue the matter for the time being.

Recommendation 1220 (1993)       on recent political events (related to the Vienna Summit, 8-9 October 1993)

Reply by the Committee of Ministers:

1.       In reply to Recommendation 1220 (1993) on recent political events (related to the Vienna Summit, 8-9 October 1993), and further to its interim reply to Recommendation 1214 (1993) on the Vienna Summit (8-9 October 1993) adopted by the Committee of Ministers at the 497th meeting of the Ministers' Deputies (September 1993), the Committee of Ministers recalls that the following recommendations of the Parliamentary Assembly were included in the files for the Vienna Summit:

-       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, 8-9 October 1993)

-       Recommendation 1222 (1993) on the fight against racism, xenophobia and intolerance.

2.       The Committee of Ministers welcomes the fact that the Parliamentary Assembly, through its President, was a full and active participant in the Summit. In this connection the Heads of State and Government stated in Vienna that "We are resolved to make full use of the political forum provided by our Committee of Ministers and Parliamentary Assembly to promote, in accordance with the competences and vocation of the Organisation, the strengthening of democratic security in Europe. The political dialogue within our Organisation will make a valuable contribution to the stability of our continent."

3.       With regard to the detailed reply called for in Recommendation 1220 (1993) to Recommendation 1214 (1993) (adopted at the Assembly's July 1993 part-session), and the special concerns of the Assembly set out in those Recommendations, the Committee of Ministers draws the Assembly's attention to the relevant guidelines laid down by the Heads of State and Government in the Vienna Declaration, and to the subsequent decisions taken by the Committee of Ministers to implement them:

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

a.       With regard to the basic vocation of the Organisation, the Vienna Declaration states that:

"The Council of Europe is the pre-eminent European political institution capable of welcoming, on an equal footing and in permanent structures, the democracies of Europe freed from communist oppression. For that reason the accession of those countries to the Council of Europe is a central factor in the process of European construction based on our Organisation's values;"

b.       Concerning the basic principles of democracy, the rule of law and respect for human rights, the Heads of State and Government declared that:

"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."

They added that "We are resolved to ensure full compliance with the commitments accepted by all member States within the Council of Europe."

The Heads of State and Government further confirmed their will to promote the integration of new member States and to "undertake the necessary reforms of the Organisation, taking account of the proposals of the Parliamentary Assembly and of the concerns of local and regional authorities, which are essential to the democratic expression of peoples." The Committee of Ministers has also (at the 500bis meeting of the Deputies, October 1993) adopted and transmitted to the Parliamentary Assembly a memorandum on the role of the Committee of Ministers in the procedure for the accession of new member States/relations with the Parliamentary Assembly.

Where multilateral cultural co-operation is concerned, the Heads of State and Government expressed their conviction that:

"Cultural co-operation, in which the Council of Europe is a prime instrument, -through education, the media, cultural action, the protection and enhancement of the cultural heritage and participation of young people - is essential for creating a cohesive yet diverse Europe. Our governments undertake to bear in mind the Council of Europe's priorities and guidelines in their bilateral and multilateral co-operation".

c.       Where revision of the Organisation's Statute is concerned, the Heads of State and Government instructed the Committee of Ministers :

"to adapt the Organisation's Statute as necessary for its functioning, having regard to the proposals put forward by the Parliamentary Assembly."

Subsequently, at their 500th meeting (October 1993), the Deputies instructed their Working Party on the institutional role of the Council of Europe to examine the Organisation's Statute in all its aspects after new contacts with the Parliamentary Assembly.

d. and e.       Where the Assembly's proposals for additional resources for the Organisation and for a solidarity fund to assist new members are concerned, it is recalled that at their 502nd meeting (budget) (6-10 December 1993) the Deputies decided, in addition to the appropriation of 41,400,000 FF (including 3,500,000 FF for the Co-operation Programme of the Assembly) adopted for Vote IX (Co-operation with the countries of Central and Eastern Europe), to allocate a total of 13 million FF to the Special Account "Co-operation - Central and Eastern countries" to finance the following programmes:

-       Lode/Themis: 10 million FF

-       Demosthenes bis: 2 million FF

-       Demosthenes: 1 million FF.

This decision was taken in the wider context of agreement to make available to the Organisation in 1994 some 24.4 million FF in total resulting from the credit balances on the General Budget from previous years thus making it possible to complete the financing of co-operation with the countries of Central and Eastern Europe, as well as for follow-up to the Vienna Summit.

f.       Where relations with the European Community in general are concerned, the Heads of State and Government welcomed:

"the co-operation established - in the first instance, on the basis of the 1987 Arrangement - with the European Community, particularly the development of joint projects, notably in favour of the countries of Central and Eastern Europe. [They] consider that such a partnership in increasingly varied fields of activity reflects the specific and open-ended institutional relationship existing between the two institutions."

Presenting the programme of the Belgian chairmanship of the Committee of Ministers, on 4 November 1993, Mr Willy Claes, Deputy Prime Minister and Minister for Foreign Affairs of Belgium stated:

"Let us also bear in mind the possibility that the European Union set up under the Maastricht Treaty might accede to the European Convention on Human Rights and, in the longer term, to the Council of Europe."

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

a.       With regard to reform of the control mechanism of the European Convention on Human Rights, the Heads of State and Government mandated the Committee of Ministers:

"to finalise a draft protocol amending the European Convention for the Protection of Human Rights and Fundamental Freedoms, on which substantial

progress has been made, with a view to adopting a text and opening it for signature at its ministerial meeting in May 1994."

Subsequently, the Committee of Ministers, at its 93rd Session (4 November 1993) noted with satisfaction that (at the 500th meeting, October 1993) their Deputies had taken the necessary steps to enable the experts to finalise a draft Protocol to the Convention in time for it to be opened for signature at their 94th Session in May 1994.

The Deputies also decided, at their 500th meeting:

"to consult officially the Parliamentary Assembly as well as the European Commission and Court of Human Rights on Draft Protocol No. 11 to the European Convention on Human Rights in its present drafting, with a view to seeking their opinion on this text, and agreed to keep these three bodies regularly informed on progress of the work of the experts."

b.       The relevant passages of the Vienna Declaration, as well as of the programme of the current Belgian Chairmanship of the Committee of Ministers, with regard to intensifying co-operation generally with the European Community are quoted under i.f. above.

c.       Finally, with regard to the protection of the rights of national minorities, the Committee of Ministers, at its 93rd Session, adopted terms of reference instructing an ad hoc committee of experts, first, to draft by 30 June 1994 a framework convention, also open for signature by non-member States, specifying the principles which contracting States commit themselves to respect to ensure the protection of these minorities; and also to begin work in parallel 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, this work to be completed by 31 December 1994.

4.       This reply constitutes, at the same time a supplementary reply to Recommendation 1139 (1991) on the institutional role of the Council of Europe in a continent aspiring to greater unity and to Recommendation 1214 (1993) on the Vienna Summit.

Recommendation 1221 (1993) on the peace process in the Middle East

Reply by the Committee of Ministers:

1.       The Committee of Ministers shares the view expressed in Recommendation 1221 (1993) on the peace process in the Middle East, that the new situation created by the signature in Washington on 13 September 1993 of an agreement between Israel and the Palestine Liberation Organisation deserves all appropriate support by the Council of Europe. It warmly welcomes the new prospects opened for this region on Europe's borders.

2.       With regard to paragraph 10.i of the Recommendation, the Israeli Government already participates in a number of intergovernmental activities of the Council of Europe, notably in the fields of Education, Culture, Youth, Environment and Local and Regional Authorities, and in co-operation in the legal and Human Rights fields. Israel is also a party to several European Conventions and Agreements.1 The Committee of Ministers expresses the hope that similar co-operation might one day be organised with the future autonomous Palestinian entity.

3.       With regard to 10.ii, the Deputies were informed in January 1993 (486th meeting, item 4) that the Secretary General had received an invitation from the Secretary General of the Arab League, to visit the League's Headquarters in Cairo. The date and agenda of this visit have yet to be fixed. The Arab League, for its part, was represented by its Deputy Secretary General, Mr Adnan Omrane, at the Seminar held in Strasbourg in November 1991 on "Euro-Arab understanding and cultural exchange" (at the initiative of Mr Sten Andersson, Minister for Foreign Affairs of Sweden). The Arab League will also make a contribution to the International Symposium on Transmediterranean Interdependence and Partnership (Rome, 17-19 January 1994), organised by the Council of Europe's Centre for North-South Solidarity and Interdependence, with the support of the Italian Government and the Commission of the European Communities.

4.       Where paragraph 10.iii.a is concerned, the Committee of Ministers at their 82nd meeting (4 May 1988), recalled that "at their 80th Session (May 1987), they had invited all parties to make genuine efforts to enter into negotiations in the framework of an international peace conference. They feel that this appeal has lost none of its relevance, since the solution for the occupied territories depended entirely on a global, just and lasting, political settlement of the Israeli-Arab conflict." (Extract from the Final Communiqué.)

5.       The Committee of Ministers, has already taken action on paragraph 10.iii.b by deciding (at the 500th meeting of the Deputies (October 1993)), to transmit Recommendation 1221 (1993) to governments and to the Commission of the European Communities.

6.       Where support for the work of UNRWA is concerned (paragraph iii.c), the reply of the Committee of Ministers, adopted by the Deputies at their 423rd meeting (January 1989), to Assembly Recommendation 1090 (1988) on the situation of the Palestine Refugees, is recalled, which reiterated "its stand, already expressed in its reply to the Assembly's Recommendation 901 (1980) on Palestinian refugees and the activities of the UNRWA that those countries which have not contributed to the UNRWA will reconsider their position and that other countries will be able to increase their contributions."

7.       Finally, the Committee of Ministers follows with interest the Assembly's efforts to promote dialogue with and between Israel and the Palestine Liberation Organisation, especially its invitations to the Israeli Prime Minister Rabin and PLO Chairman Arafat to address the Assembly (Prime Minister Rabin at the January 1994 part-session, and Chairman Arafat later in the year.).

Recommendation 1222 (1993)       on the fight against racism, xenophobia and intolerance

Reply by the Committee of Ministers:

1.       The Committee of Ministers, recalling the Declaration on Intolerance of 14 May 1981, shares the Assembly's alarm at the resurgence of racism, xenophobia and intolerance throughout Europe, phenomena which were also condemned in the strongest possible terms by the Heads of State and Government of the Organisation's member States at the Vienna Summit of 8-9 October 1993. The Committee of Ministers is currently examining the follow-up to the Summit, including the implementation of the Plan of Action on combating racism, xenophobia, antisemitism and intolerance, which called for a first report on the implementation of the Plan of Action to be submitted to the Committee of Ministers at its 94th Session in May 1994.

2.       With regard to paragraphs 11.i. - iii. and vi. of the Recommendation, the recommendations put forward by the Assembly were included, for the most part, in the Plan of Action as adopted at the Vienna Summit. The reports of the Committee of governmental Experts foreseen in the Plan of Action, and on which the Assembly will be invited to be represented, will be transmitted to the Assembly.

3.       Although the proposals contained in paragraphs 11.iv. and v. do not appear directly in the Plan of Action, it is recalled that issues such as the arrival of asylum-seekers at European airports are under discussion within the Ad hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR), which, in the context of the follow-up to be given to Parliamentary Assembly Recommendation 1163 (1991) on this subject, has drawn up "guidelines to inspire practices of member States of the Council of Europe concerning the arrival of asylum seekers at European airports". The Committee of Ministers decided in January 1994 that this text would be the subject of a Recommendation to member States after having been completed by an explanatory memorandum. It should also be recalled that the Group of Senior Officials responsible for the follow-up to the Conference of Ministers on the movements of persons from Central and Eastern European countries (Vienna Group) has established a Working party on a Solidarity Structure (burden-sharing).

      Furthermore, the Committee of Ministers has transmitted paragraph 11.v to the European Committee on Migration (CDMG) for it to take account of the issues raised therein in its work.

4.       As far as paragraph 12.i. is concerned, a 3-year project on "Democracy, human rights, minorities: educational and cultural aspects" was launched at the beginning of 1993 by the Council for Cultural Co-operation (CDCC). The project, through a multidisciplinary approach, will aim principally at strengthening the fundamental principles of democracy and respect for human rights by contributing to the promotion of practices and attitudes which respect democratic values. The concerns raised by the Assembly in this paragraph will also be treated within the framework of the Plan of Action.

5.       The Plan of Action also foresees, with regard to paragraphs 12.ii. and iii., the creation of national committees to implement activities to promote tolerance at local and national level in the framework of the European Youth Campaign. Non-governmental organisations, particularly in the youth field, will participate both in these committees and in undertaking the activities decided upon. Should a perceived need for longer-term structures arise during the implementation of the Plan of Action, such committees could form the basis for more permanent national structures as envisaged by the Assembly.

6.       Furthermore, with reference to paragraphs 12.iv. - vi, the Plan of Action invites member States "to reinforce guarantees against all forms of discrimination based on race, national or ethnic origin or on religion", and notes that special attention should be given to raising awareness on preventive measures concerning these issues.

7.       With regard to paragraph 12.vii., the Committee of Ministers will keep the Assembly informed as to any proposals for legislation along the lines recommended by the Assembly in the light of the outcome of the implementation of the Plan of Action, and notably of the work to be undertaken by the Committee of governmental Experts.

8.       Within the framework of the Plan of Action, as far as paragraph 13. is concerned, the Heads of State and Government requested the media professions "to report and comment on acts of racism and intolerance factually and responsibly, and to continue to develop professional codes of ethics which reflect these requirements". Aside from that, the One World Group of Broadcasters (which brings together over 70 public television networks) is actively co-operating with Council of Europe structures with regard to the 1994 One World season of television programmes, which will inter alia aim at promoting tolerance.

9.       Regarding paragraph 14., the Committee of Ministers recalls the decisions of the Deputies at their 502nd meeting (Budget) (December 1993) in relation to the Council's activities on intolerance, to grant appropriations totalling some 2.9 million FF in the 1994 ordinary budget as well as the further agreement to make available to the Organisation in 1994 some 24.4 million FF in total resulting from the credit balances on the General Budget from previous years, thus making it possible to complete the financing of co-operation with the countries of Central and Eastern Europe, as well as for follow-up to the Vienna Summit.

1 ¹       ETS No. 15, ETS No. 20, ETS No. 24, ETS No. 27 and ETS No. 30.