Honouring of commitments accepted by member states of the Council of Europe on their accession

30 January 1995

Doc. 7225

MOTION FOR AN ORDER

on the honouring of commitments

accepted by member states of the Council of Europe

on their accession

presented by Mrs HALONEN,

Finland, Socialist Group

This motion has not been discussed in the Assembly and commits only the member who has signed it

1. The Assembly, in its Order 488 (1993), instructed its Political Affairs Committee and Committee on Legal Affairs and Human Rights "to monitor closely the honouring of commitments entered into by the authorities of new member states and report to the Bureau at regular six-monthly intervals until all undertakings have been honoured".

2. In Resolution 1031 (1994) the Assembly observed "that all member states of the Council of Europe are required to respect their obligations under the Statute, the European Convention on Human Rights and all other conventions to which they are parties. In addition to these obligations, the authorities of certain states which have become members since the adoption in May 1989 of Resolution 917 (1989) on a special guest status with the Parliamentary Assembly freely entered into specific commitments on issues related to the basic principles of the Council of Europe during the examination of their request for membership by the Assembly. The main commitments concerned are explicitly referred to in the relevant opinions adopted by the Assembly."

3. The Assembly considered in the same resolution that "persistent failure to honour commitments freely entered into will have consequences (...). For this purpose, the Assembly could use the relevant provisions of the Council of Europe's Statute and of its own Rules of Procedure."

4. Further to the declaration on compliance with commitments accepted by member states of the Council of Europe, adopted by the Committee of Ministers on 10 November 1994, the Assembly seeks to strengthen its own monitoring procedure.

5. The Assembly therefore instructs its Committee on Legal Affairs and Human Rights and its Political Affairs Committee to continue monitoring closely the honouring of these commitments. They should do so in close co-operation. The committees will report direct to the Assembly. These reports should concern one single country and include a draft resolution in which clear proposals are made for the improvement of the situation in the country under consideration.

6. The Assembly's resolution may also include sanctions for persistent failure to honour commitments, and for lack of co-operation in the monitoring process of the Assembly: for example, the non-ratification of the credentials of a national parliamentary delegation.

7. Should the country concerned fail to respect the Assembly's decisions, the Assembly may address a recommendation to the Committee of Ministers requesting it to take the appropriate action provided for in the Statute of the Council of Europe.

8. The above monitoring process will stay in place until all undertakings have been honoured by all countries concerned.

9. This order supersedes Order 488 (1993) and Resolution 1031 (1994).

Signed:

Halonen