Interim reply to Recommendation 1204 (1993) and Recommendation 1219 (1993) on establishing a mechanism for the protection of human rights in European states not members of the Council of Europe

29 June 1994

Doc. 7113

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Interim reply to Recommendation 1204 (1993)

and Recommendation 1219 (1993)

on establishing a mechanism for the

protection of human rights in European states

not members of the Council of Europe

(adopted by the Committee of Ministers on 23 June 1994

at the 515th meeting of the Ministers' Deputies)

1. The Committee of Ministers shares the Parliamentary Assembly's view, expressed in Recommendation 1204 (1993) of the need for the Council of Europe to provide assistance for the creation of a transitional mechanism for the protection of human rights in European non-member States, especially against the background of massive human rights violations in parts of former Yugoslavia, and in Bosnia-Herzegovina in particular.

2. The Committee of Ministers' concern indeed finds expression in Resolution (93) 6 on the control of respect for Human Rights in European States not yet members of the Council of Europe, adopted in March 1993, the month following the adoption of the Assembly's Recommendation.

3. It is also recalled that the Chairman-in-Office of the Committee of Ministers, on 12 May 1993 following a Parliamentary Question from the Rapporteur of the Committee on Legal Affairs and Human Rights, Mrs Haller, who expressed warm support for Resolution (93) 6, explained in his reply that this resolution was deliberately not confined to Bosnia-Herzegovina. In Recommendation 1219 (1993), adopted the following September, the Assembly urged the Committee of Ministers to "establish without delay the mechanism, already under discussion, for the protection of human rights in European non-member states."

4. As regards the proposal then under examination for the setting up of a European Consultative Committee for the protection of Human Rights in European non-member countries, the Committee of Ministers decided, however, to adjourn consideration of such an additional mechanism pending proof of interest in the question by European non-member states, which are candidates for full membership of the Council of Europe and for full participation in the Organisation's human rights protection mechanisms.

5. Where the mechanism provided for in Resolution (93) 6 is concerned, the Committee of Ministers can inform the Assembly that it has, for the time being, been mentioned in two cases, ie Bosnia-Herzegovina (following a proposal by Lord Owen and Mr Stoltenberg, co-chairmen of the International Conference on Former Yugoslavia) and Croatia (in relation to the law on the protection of minorities adopted by Croatia in the context of its recognition by members of the European Community).

6. It is also recalled that, in the interim reply adopted by the Ministers' Deputies at their 513th meeting (May 1994) to Recommendation 1238 (1994) on the situation in Bosnia-Herzegovina, the Committee of Ministers drew the attention of the Parliamentary Assembly

"to the fact that the draft of 17 March 1994 for a constitution of the Federation of Bosnia and Herzegovina, set up following the Washington Agreement of 1 March 1994 on a framework for a Federation of Bosnia and Herzegovina and an outline for a confederation between the Republic of Croatia and the Federation of Bosnia and Herzegovina, contains a reference to Committee of Ministers' Resolution (93) 6 on the Control of Respect for Human Rights in European States not yet members of the Council of Europe."

The same interim reply stated that

"The Committee of Ministers will keep the Parliamentary Assembly informed on this Agreement's implementation in the context of a reply to Recommendations 1204 and 1219 (1993) on establishing a mechanism for the protection of human rights in European States not members of the Council of Europe."

7. The new development which the Committee of Ministers is able to report is that the above-mentioned Draft Constitution of the Federation of Bosnia and Herzegovina containing provisions for certain transitional international arrangements, including recourse to Resolution (93) 6 of the Committee of Ministers for the establishment of a Human Rights Court of the Federation, was approved on 31 May 1994 by the Constitutional Assembly in Sarajevo, which has begun to take decisions concerning the setting up of the bodies provided for in that Constitution. However, that process is not completed and will depend on the evolution of the conflict in Bosnia-Herzegovina and the offer made to the Serb side to join in the Federation initiated by the Croats and the Muslims in the country.

8. As regards Croatia, the Secretariat has been instructed to sound out with the authorities in Zagreb possibilities and the most appropriate timing for the implementation of Resolution (93) 6 in that country.

9. The Committee of Ministers will keep the Assembly informed of future developments.