Procedural follow-up to the texts adopted by the Parliamentary Assembly during the 3rd part of the 1997 Session

Procedural follow-up to the texts adopted by the Parliamentary Assembly during the 3rd part of the 1997 Session

Communication from the Committee of Ministers

Doc. 7909

17 September 1997

(Interim reply adopted by the Committee of Ministers on 10 September 1997 at the 600th meeting of the Ministers' Deputies)

In response to some recent queries addressed by the honourable members of the Parliamentary Assembly to the Chairman of the Committee of Ministers concerning the action by the Committee of Ministers on texts adopted by the Assembly, the Committee of Ministers takes the opportunity of assuring the Assembly of the close attention which it pays to every text originating from the Parliamentary Assembly and of its diligence in transmitting the Assembly's recommendations to the governments of member states and to various intergovernmental bodies.

It should be recalled at this juncture that since 1959 the examination of Assembly texts has been placed on the agenda of the first meeting of the Ministers' Deputies after the Assembly session or part-session when they were adopted. As part of this initial examination, the Deputies often hold a first exchange of views on certain aspects of the Assembly's recommendations. They may also consult one or more committees of experts competent to advise on the questions which the Assembly has raised in its text before they go on, if appropriate, to take a step recommended by the Assembly and/or to give it a reply. Admittedly the Assembly is sometimes kept waiting for the final replies of the Committee of Ministers to certain of its recommendations, particularly the more extensive and complex ones. The delay is due to lengthy consultations, notably in Council of Europe committees of experts some of which meet only once a year.

It is also appropriate to recall that since 1993 efforts have been made to respond more tangibly to the texts of the Parliamentary Assembly and to facilitate the adoption of the replies of the Committee of Ministers to these texts. Up to the 519th bis meeting of the Deputies held on 4 November 1994, the Committee of Ministers used to adopt the replies to the Assembly's recommendations unanimously, according to a broad interpretation of Articles 20.a.iii and 21.b of the Council of Europe Statute. This arrangement often delayed the adoption of a reply, or sometimes prevented it. Following the 1994 decisions on the implications of the enlargement of the Council of Europe, the replies to the Parliamentary Assembly have been adopted by the majority prescribed in Article 20.d of the Statute, namely a two-thirds majority of the representatives casting a vote and a majority of the members entitled to sit on the Committee, it being understood that every effort is made to arrive at a consensus in reasonable time. If a delegation so requests, the Committee of Ministers may preface the text of a reply by stating that it has been adopted by the majority prescribed in Article 20.d of the Statute.

The Committee of Ministers wishes to assure the Parliamentary Assembly of its constant concern to ensure that no time is lost in taking appropriate action on the recommendations addressed to it after their adoption by the Assembly. Since January 1997, all decisions of the Deputies, including those concerning follow-up to Assembly texts, have appeared on the "Council of Europe - Committee of Ministers" Internet site immediately after the relevant meeting.

The Committee of Ministers avails itself of this opportunity to undertake to keep the Parliamentary Assembly regularly informed of procedural follow-up to its adopted texts. Communications on the activities of the Committee of Ministers - statutory reports published for each part-session of the Assembly include a list of the replies of the Committee of Ministers to the texts adopted by the Assembly. As from 1998, each written communication - statutory report of the Committee of Ministers will also contain a summary of the procedural follow-up which the Committee of Ministers has given to texts adopted by the Assembly since the publication of the previous statutory report.

The texts adopted by the Parliamentary Assembly during the third part of the 1997 Session (23-27 June 1997) were considered by the Ministers' Deputies at their 598th meeting from 1 to 3 July 1997. They decided to bring all six Assembly recommendations, from 1332 to 1337 inclusive, to the attention of their governments. However, in view of the fact that Assembly Resolutions set forth either the Assembly's decisions on the substantive issues, whose implementation is within its remit, or points of view which involve its sole responsibility, and that Orders concern matters of form, transmission, execution or procedure, the Deputies simply took note of Resolutions 1127 to 1131 and of Order No. 533.

As to the recommendations of the third part of the 1997 Session, the Steering Committee on the Mass Media (CDMM) and the Council for Cultural Co-operation (CDCC) were requested to give an opinion on Recommendation 1332 (1997) on the scientific and technical aspects of the new information and communication technologies. This recommendation was also transmitted to the Committee on the Rehabilitation and Integration of People with Disabilities (CD-P-RR) so that the latter might take it into account in its work programmes.

Recommendation 1333 (1997) on the Aromanian culture and language was referred to two committees for an opinion: the Steering Committee for Human Rights (CDDH) and the Council for Cultural Co-operation (CDCC).

Recommendation 1334 (1997) on refugees, asylum-seekers and displaced persons in the Commonwealth of Independent States (CIS) will be examined by the Ad Hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR). It was also transmitted to the Governing Board of the Social Development Fund for possible remarks and to the European Committee on Migration (CDMG) for information. Furthermore, the Rapporteur Group of the Ministers' Deputies on Relations with Countries of Central and Eastern Europe (GREL) was invited to consider the recommendation with a view to preparing a draft reply to the Assembly.

The same Rapporteur Group of the Deputies (GREL) was instructed to consider Recommendation 1335 (1997) on the refugees and displaced persons in Transcaucasia. It was nevertheless decided to transmit the recommendation to the Ad Hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR).

Recommendation 1336 (1997) on combating child labour exploitation as a matter of priority was transmitted to the European Committee on Legal Co-operation (CDCJ) and to the European Committee on Crime Problems (CDPC) for information. The Governmental Committee of the European Social Charter was asked to give an opinion on the recommendation.

Recommendation 1337 (1997) on the functioning of the institutions for the protection of human rights in Bosnia and Herzegovina will firstly be considered by the Rapporteur Group of the Ministers' Deputies on Relations with Countries of Central and Eastern Europe (GREL). The Deputies will discuss a draft reply to the recommendation in the light of the Rapporteur Group's suggestions.

Consideration of all the aforesaid recommendations will resume at the subsequent meetings of the Deputies, who will discuss them according to and on the basis of the opinions and comments received from the bodies to which the recommendations were transmitted, as well as in the light of further particulars supplied by the Secretariat. The completion date for the ad hoc terms of reference assigned to the committees of experts extends until 30 June 1998.