Doc. 8391

26 April 1999

Parliamentary questions for oral answer

Discussion of the communication on the activities of the Committee of Ministers1

1.       Lord Judd,

      In the light of the lead role played by NATO on the Kosovo crisis,

      To ask the Chairman of the Committee of Ministers,

      What part the Committee of Ministers is playing in helping to find a viable long term solution and in ensuring the political, economic and social rights of all the people of the region?

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2.       Ms Durrieu,

      Considering that the Conference on stability in the Balkans, the principle of which was adopted at the summit meeting of the North Atlantic Treaty Organization (NATO) in Washington on 24 April last, will be held in Berlin on 29 May next, and that it would appear that this Conference will bring together representatives of NATO, the OSCE and the European Union,

      Considering that the Council of Europe, which already includes several Balkan countries and whose role it is to help them all to establish the guarantees of the Rule of Law in order to bring the whole continent together, should not be absent from this Conference,

      To ask the Chairman of the Committee of Ministers,

      What steps the Committee of Ministers intends to take in order to attend the Conference on stability in the Balkans?

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3.       Ms Poptodorova,

      Given that it has been decided to hold on 27 May in Bonn, a conference on South-Eastern Europe, in which, according to information in the press, NATO, EU and the OSCE will be taking part,

      To ask the Chairman of the Committee of Ministers,

      If the plan for the reconstruction of South-Eastern Europe, adopted by the Committee of Ministers only last Friday, will be debated at the conference?

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4.       Mr Şükrü Yürür,

      Considering that the Committee of Ministers has decided to include the South-East European co-operation structure in the list of regional organisations with which the Council of Europe will co-operate to further its aims,

      In view of the latest developments in the Balkans, the importance of the South-East co-operation structure is becoming more evident, rendering it a valuable partner in the region for the Council of Europe,

      To ask the Chairman of the Committee of Ministers,

      To share his views on how best to benefit from this relationship, particularly vis-à-vis the efforts to promote democratic stability in the region.

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5.       Mr Atkinson,

      To ask the Chairman of the Committee of Ministers,

      If he will make a statement of progress on the establishment of an international criminal court.

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6.       Mrs Squarcialupi,

      Considering that there has been a dramatic and increasing use in recent years (in Bosnia and Albania, for example) and currently (in Kosovo) of military force for humanitarian missions aimed at re-establishing an acceptable level of peace and democratic life, and that it is therefore essential for a prestigious organisation such as the Council to be able to lay down general rules on the subject,

      In view of the fact that the Council of Europe has no authority as an international organisation to deal with issues relating to defence,

      To ask the Chairman of the Committee of Ministers,

      whether it could not and should not lay down the principles, circumstances and methods applicable to military interventions to safeguard human rights and democratic institutions.

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7.       Mr Sole Tura,

      To ask the Chairman of the Committee of Ministers,

      For his views on the relationship between the Committee of Ministers and the Assembly's Committee on the Honouring of Obligations and Commitments by member states of the Council of Europe.

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8.       Mr Kelam,

      Considering that the Assembly is going to debate the results of the activities of the Monitoring Committee this afternoon,

      To ask the Chairman of the Committee of Ministers,

      What steps the Committee of Ministers is taking, through the Council of Europe's monitoring process, to ensure that new member states can meet their commitments?

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9.       Mr Bindig,

      Considering that the most recent report published by the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or punishment (CPT) on Turkey reveals again that grave violations of human rights, including torture in Turkish prisons, are being committed, and that similar conclusions were drawn in earlier reports,

      To ask the Chairman of the Committee of Ministers,

      Whether the Committee of Ministers shares the opinion that it is not in keeping with the principles and standards of the Council of Europe that a member state continues today to use torture, and what the Committee of Ministers intends to do against the practice of torture in Turkey?

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10.       Mr Jurgens, Ms Ragnarsdóttir

      Considering that the Committee of Ministers is repeatedly confronted by cases where a few member states demonstrate reluctance to enforce judgements of the European Court of Human Rights, thus violating their obligations under the Convention,

      Noting, however, that so far no member state has eventually refused to abide by the judgments,

      Recalling that the Committee of Ministers has on two prior occasions2 been asked by the members of the Parliamentary Assembly what measures the Governments of Turkey and of France have taken, or envisage to take, in order to redress the situation of the applicants in the cases of the Socialist Party and others v. Turkey (judgment of 25.5.1998) and Hakkar v. France (application no.19033/91),

      Stressing that so far no satisfactory information has been given from the Committee of Ministers in these cases;

      Noting with approval that the Committee of Ministers, through the adoption of the Interim Resolution DH(99)245, has insisted on Turkey's obligation under Article 53 of the Convention to erase, without delay, through action by the competent authorities, all the consequences resulting from Mr Perinçek's conviction, including his being held in detention.

      To ask the Chairman of the Committee of Ministers:

      If it deems acceptable that some rulings of the European Court of Human Rights against member states are not fully and immediately enforced by those member states,

      What immediate measures the Turkish Government has indicated to the Committee of Ministers that it envisages to give full effect to the Committee of Ministers' interim resolution in the Socialist Party case,

      If the Committee has now received assurances from the French Government that it will respect the Committee of Ministers' decision, notably through an action by the Minister of Justice requesting a new trial for Mr Hakkar, so that his conviction to life imprisonment can be re-examined in fair proceedings?

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11.       Mr Clerfayt,

      Considering that the European Court on Human Rights on 28 July 1998 awarded the applicant in the Loizidou case just satisfaction due to the violation of her property rights in Northern Cyprus,

      Considering that the delay for payment has expired and that according to available information Turkey has not yet paid;

      Noting the reply of the Chairman of the Committee of Ministers regarding this case at the Assembly's September Session, according to which the Committee would assume all statutory means to obtain the execution of the court's judgment;

      To ask the Chairman of the Committee of Ministers,

      What the Committee of Ministers intends to do in order to ensure that Turkey conforms with its obligations under the judgment to immediately pay the just satisfaction to the applicant?

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12.       Mr Mutman,

      Considering that the Council of Europe is undergoing a considerable restructuring process in an effort to adapt to the new challenges,

      Observing with great concern the steady increase in racism, xenophobia, ethnic hatred, aggressive nationalism and terrorism,

      To ask the Chairman of the Committee of Ministers,

      How the Committee of Ministers plans to counter these threats to social cohesion and democratic cohesion?

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13.       Mr Aleffi,

      The Committee of Wise Persons has proposed a reform of the Council of Europe's human resources to encourage staff mobility and promote career progression based on merit, seniority and equal opportunities. To that end, the wise persons' report stresses the need to break down barriers between certain categories of function that are too closely related to grades. This link is sometimes too rigid and constitutes a barrier to mobility. Consideration should also be given to allowing staff who have given the organisation years of devoted service to request early retirement, which would make it possible to reduce the age structure, increase new countries' representation in the Council's secretariat and facilitate career progression. Given the requirements of the Council's imminent reorganisation and the need to introduce new nationalities into the secretariat, the application of the measures proposed in Resolution (92) 28 would help to reduce the financial impact of these changes.

      To ask the Chairman of the Committee of Ministers,

      What are the realistic chances of securing financing for the application of Resolution (92) 28, which establishes special measures to terminate the service of permanent staff aged at least 58 years with at least 15 years' completed service?

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14.       Mr Evin,

      Considering that the General Assembly of the ILO, which will meet in June, is expected to adopt a convention concerning the elimination of the worst forms of child labour,

      That these worst forms concern:

that although almost all of the Council of Europe's member states have ratified Convention 138 of the ILO, we know that child labour remains a reality in Europe;

      that the Parliamentary Assembly's Social, Health and Family Affairs Committee, which a few days ago held a hearing of the ILO representative in Brussels, has learned that an estimated 500 000 children are undertaking various forms of work in Europe, even though child labour is prohibited by the European Social Charter,

      that this number does not reflect the number affected by the worst forms of work. However, if we are prepared to face up to the reality in many of our countries, we must be aware that action is required to combat the modern forms of child exploitation,

      that we consider it necessary to give active support to the ILO's efforts to reduce these new forms of slavery,

      To ask the Chairman of the Committee of Ministers,

      How the Committee of Ministers assesses the worst forms of child labour in Europe and what initiatives it considers should be taken, in addition to ratifying the new ILO convention, which the Council of Europe's member states should complete rapidly, to ensure that the worst forms of child labour are finally eliminated from this continent?

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15.       Mr Cox,

      To ask the Chairman of the Committee of Ministers,

      What action the Committee of Ministers will take to fully support the draft convention of the International Labour Organisation to combat the worst forms of child labour within the member states of the Council of Europe?

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1 See Doc. 8326

2        See Written question No.378 of September 1998 and Parliamentary question for oral answer No.15 of January 1999.