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Doc. 8725
18 April 2000
Council of Europe Human Rights Prize
Report
Committee on Legal Affairs and Human Rights
Rapporteur: Mr Jerzy Jaskiernia, Poland, Socialist Group
Summary
In order to enhance the visibility of the Council of Europe Human Rights Prize, the Assembly recommends that the Committee of Ministers amend the regulations on the Prize in order to award it to a single prize winner and couple it with the sum of 20,000 Euros.
I. Draft recommendation
1. In 1980 the Committee of Ministers adopted Resolution (80) 1 containing regulations on a European Human Rights Prize. Under the terms of these regulations, the purpose of the prize is to reward individual or group activities which have made an exceptional contribution to the cause of human rights. It is an honorary prize awarded in principle every three years.
2. The prize was awarded for the first time in 1980, then every three years until 1998. The successive winners were: the International Commission of Jurists in 1980, the medical section of Amnesty International in 1983, Mr Raul Alfonsin and Mr Broda jointly in 1986, Mr Lech Walesa jointly with the International Helsinki Federation for Human Rights in 1989, Mr F. Ermacora and Médecins Sans Frontières jointly in 1992, Mr S. Kovalyov with Mr R. Wallenberg in 1995, and the Turkish Human Rights Foundation, Ms Chiara Lubich (Focolare Movement, Italy) and the Committee on the Administration of Justice (CAJ, Northern Ireland) jointly in 1998. The next prize is due to be awarded in 2001.
3. In spite of the quality of the prize-winners, the Human Rights Prize has so far failed to bring the Council of Europe any significant media fallout. This prompted the Assembly to consider the reasons for such lack of interest and what changes might be made to the regulations on the prize to enhance its contribution to awareness of the Council of Europe's efforts in the human rights field.
4. The Assembly notes, first of all, that the very name of the prize gives no indication that it is awarded by the Council of Europe, and considers that this should be made clear.
5. It further notes that one of the prize-winners, Mr Alfonsin, is not European and that another, Mr Wallenberg, is presumed dead. Bearing in mind in particular that the Council of Europe's membership has doubled since the inception of the prize, it suggests that in future nominations should be limited to living Europeans.
6. The regulations do not specify the procedure for submitting nominations. Some have been proposed by a single person, or even by the nominee in person. The Assembly considers that provision should be made for nominations to be submitted by a certain number of people, and that some information should be given to assist in appreciating the exceptional nature of the contribution to human rights. Furthermore, a nomination form should be used giving the name of the nominee, the names of the persons nominating the candidate, the names of those supporting the candidature and details of the candidate's exceptional contribution to human rights.
7. As from the third award of the prize it became accepted practice to bestow it jointly on two or even three candidates. This prevents attention from focusing on a single prestigious prize-winner, thereby diluting interest in the prize. It would be preferable to have a single winner.
8. Finally, the Assembly considers that a prize that included a sufficiently substantial sum of money would attract more attention.
9. Accordingly, the Assembly recommends that the Committee of Ministers make the following amendments to its Resolution (80) 1 containing regulations on a European Human Rights Prize:
i. change the name of the prize to “Council of Europe Human Rights Prize”;
ii. restrict candidatures to living Europeans or European non-governmental organisations and award the prize to a single winner, either an individual or a non-governmental organisation;
iii. provide for each nomination to be submitted by at least five persons or legal entities, not including the nominee;
iv. require that it be explained in what respect the candidate's contribution to human rights is exceptional;
v. couple the award with a cash prize of € 20,000.
10. It further recommends that the Committee of Ministers award the prize in 2002, after revision of the regulations in the light of the above.
II. Explanatory memorandum by Mr Jaskiernia, Rapporteur
1. Together with several colleagues, I tabled a motion for a recommendation on the Human Rights Prize because I felt that the conditions for its award ought to be re-examined with a view to proposing changes to the Prize Regulations.
2. It is obvious that the Council of Europe does not gain much publicity from the award of this prize. Thought should therefore be given as to how it could provide greater publicity for the Organisation.
3. Firstly, the title of the prize, as specified in Resolution (80) 1, which is appended, does not indicate that it is a prize awarded by the Council of Europe. This does not help to make the Council of Europe known. Yet surely that is the precise aim of the award. The very first thing that should be done, therefore, is to change the title to "Council of Europe Human Rights Prize".
4. The European Human Rights Prize was instituted by Resolution (80) 1, adopted by the Committee of Ministers on 5 February 1980.
5. The prize, which is in principle awarded every three years, "is intended to uphold the merits of a person, group of persons, institution or non-governmental organisation which has been active in promoting or protecting human rights in accordance with the principles of individual freedom, political liberty and the rule of law".
6. The prize was awarded for the first time in 1980 to the International Commission of Jurists. It was awarded in 1983 to the medical section of Amnesty International, in 1986 jointly to Mr R. Alfonsin and Mr C. Broda, in 1989 jointly to Mr L. Walesa and the International Helsinki Federation for Human Rights, in 1992 jointly to Mr F. Ermacora and Médecins sans Frontières, in 1995 jointly to Mr S. Kovalyov and Mr R. Wallenberg and in 1998 jointly to the Turkish Human Rights Foundation, Ms Chiara Lubich (Focolare Movement, Italy) and the Committee on the Administration of Justice (CAJ, Northern Ireland).
7. As can be seen from the above, the prize has been awarded seven times and since the third time it has been awarded jointly to two persons, to one individual and a non-governmental organisation, or, the last time, to two NGOs and one individual.
8. The prize was awarded once to a person presumed dead (Mr R. Wallenberg) and once to a non-European (Mr R. Alfonsin, the former President of the Republic of Argentina).
9. Under the Prize Regulations, the Secretary General communicates nominations to the Parliamentary Assembly, which makes recommendations on candidates to the Committee of Ministers. The Committee of Ministers then selects the prize-winner(s) on the basis of these recommendations. To date the Committee of Ministers has always followed the Assembly's recommendations.
10. In the past the Assembly has had to choose from between 30 and 60 nominations for the award each year.
11. Under the Prize Regulations "any individual or group of persons, institution or non-governmental organisation whose activities have made an outstanding contribution to the protection or promotion of human rights in accordance with the principles of individual freedom, political liberty and the rule of law, shall be eligible for consideration."
12. The Regulations do not say anything about the way in which nominations are made and as a result many candidates are nominated by just one person, and the merits of the candidates are left entirely to the discretion of the person nominating them. Some candidates nominate themselves, which is not contrary to the Prize Regulations. Although it is true that the nominations are examined by the Committee on Legal Affairs and Human Rights, would it not be preferable to stipulate that nominations must be proposed by at least three or five people, other than the candidates themselves, or by one person and an institute? Should further details be given such as the exceptional nature of the merits of candidates or institutes nominated? Furthermore, a nomination form should be used giving the name of the nominee, the names of the persons nominating the candidate, the names of those supporting the candidature and details of the candidate's exceptional contribution to human rights.
13. The prize is also purely honorary and, although it may be regrettable, a prize involving a certain sum of money would be of greater interest to the press. In addition, adequate budgetary provision should be made for the recipient to be able to travel to and stay in Strasbourg to receive the prize.
14. NGOs, such as Amnesty International or Médecins sans Frontières, do of course subsequently refer to the award and mention it in their letterhead and thus help to publicise it. It would therefore be logical to include the Council of Europe's name in the title.
15. As the prize is a Council of Europe Human Rights Prize, it would surely be more appropriate to nominate only Europeans.
16. Finally, if the prize is awarded to several prize-winners at the same time, which appears to be the rule, would it not be more appropriate to reward one party for past achievements or the whole range of their human rights work and the other for their current work?
17. The prize should, in principle, be awarded during the September 2001 session. Indeed it is important, from the publicity standpoint, to continue awarding it during an Assembly part-session.
18. In accordance with standard practice, the deadline for the submission of nominations is 31 December, with a view to awarding the prize in the September of the following year on the occasion of the part-session of the Assembly. However, this has in the past left too little time for the final selection, first by the Assembly and subsequently by the Committee of Ministers, and it is therefore suggested that the deadline be brought forward to 31 October. The invitation to nominate candidates should therefore be sent out by April at the latest.
19. First of all, however, the Assembly considers it necessary to amend the Prize Regulations in the light of the above observations and recommends that the Committee of Ministers make the following changes:
- change the title of the prize to "Council of Europe Human Rights Prize";
- stipulate that only Europeans should be nominated and award the prize to a single winner;
- stipulate that nominations should be put forward by five people, who are not themselves candidates, or by one person and an institution;
- stipulate clearly what is understood by an outstanding contribution to human rights;
- include a sufficiently large sum of money in the prize.
20. In view of the time required to make these changes to the Prize Regulations, the Assembly also recommends that the prize should not be awarded in 2001.
APPENDIX
Committee of Ministers
Resolution (80) 1
containing regulations on a European Human Rights Prize
(adopted by the Committee of Ministers on 5 February 1980
at the 314th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,
Recalling that the protection and development of human rights and fundamental freedoms is one of the roles assigned to the Council of Europe under its Statute;
Regarding the awakening of public awareness in human rights questions as a vital factor in promoting these rights;
Convinced that the institution of a European Human Rights Prize aimed at rewarding activities having made an outstanding contribution to the cause of human rights would promote public interest in these questions,
Decides,
I. To institute a Council of Europe "European Human Rights Prize" in accordance with the conditions set out in the appendix to this resolution;
II. That the aim of this prize shall be to uphold the merits of a person, group of persons, institution or non-governmental organisation which has been active in promoting or protecting human rights in accordance with the principles of individual freedom, political liberty and the rule of law.
Appendix to Resolution (80) 1
The European Human Rights Prize Regulations
Article 1
1. A European Human Rights Prize is instituted by the Council of Europe for the purpose of rewarding individual or group activities which have made an exceptional contribution to the cause of human rights.
2. This prize shall be awarded in principle every three years.
Article 2
The European Human Rights Prize shall be honorary. A medal and a certificate commending the prizewinner's contribution to the cause of human rights will be awarded to him.
Article 3
Any individual or group of persons, institution or non-governmental organisation whose activities have made an outstanding contribution to the protection or promotion of human rights in accordance with the principles of individual freedom, political liberty and the rule of law, shall be eligible for consideration.
Article 4
1. Nominations must reach the Secretary General of the Council of Europe before 31 December of the year preceding the award of the prize.
2. They shall be accompanied by documents attesting the merits of the candidate in the field of human rights.
Article 5
Nominations which meet the requirements set out in Articles 3 and 4 above shall be communicated by the Secretary General to the President of the Consultative Assembly of the Council of Europe before 31 May of the year of the award of the prize.
Article 6
1. The Consultative Assembly shall make known to the Committee of Ministers its recommendations regarding the prizewinners.
2. If, in the absence of worthy candidates, the Assembly feels unable to propose any prizewinner, it shall inform the Committee of Ministers.
Article 7
The prizewinner shall be chosen by the Committee of Ministers on the basis of the recommendations of the Consultative Assembly.
Article 8
The Secretary General shall fix the date of the presentation of the award and shall inform the prizewinner.
Article 9
The prize shall be officially presented to the prizewinner by the Secretary General of the Council of Europe at a public ceremony to be held as a general rule at the seat of the Council of Europe.
Reporting committee: Committee on Legal Affairs and Human Rights
Budgetary implications for the Assembly: none
Reference to committee: Doc. 8330 and Reference No. 2369 of 30 March 1999
Draft recommendation unanimously adopted by the committee on 4 April 2000
Members of the committee: MM Jansson (Chairperson), Bindig, Frunda, Mrs Err (Vice-Chairpersons), Mrs Aguiar, MM Akçali (alternate: Ms Gülek), Arzilli, Attard Montalto, Bal, Bartumeu Cassany, Bruce, Bulavinov, Clerfayt, Contestabile, Demetriou, Derycke (alternate: Mr Vanoost), Enright, Mrs Frimannsdóttir, MM Fyodorov, Gustafsson, Holovaty, Mrs Hren-Vencelj, Mrs Imbrasiene, MM Jaskiernia, Jurgens, Kelemen, Lord Kirkhill, MM S. Kovalev, Kresák, Mrs Krzyzanowska, Mr Le Guen (alternate: Mr Bordas), Mrs Libane, MM Lintner, Lippelt, Loutfi, Magnusson, Mrs Markovic-Dimova, MM Marty, McNamara, Moeller (alternate: Ms Auken), Nastase, Mrs Ninoshvili, MM Pavlov, Pollo (alternate: Mr Minarolli), Polydoras, Mrs Pourtaud, MM Robles Fraga (alternate: Mr Lopez Henares), Rodeghiero (alternate: Mr Provera), Mrs Roudy, Mrs Serafini (alternate: Mr Lauricella), MM Simonsen, Skrabalo, Solonari, Spindelegger, Svoboda, Symonenko (alternate: Mr Khunov), Tabajdi, Tallo, Vera Jardim (alternate: Mr Lacão), Verhagen (alternate: Mr Dees), Verivakis, Mrs Vermot-Mangold, Mr Vyvadil (alternate: Mr Kroupa), Mrs Wurm, Mrs Wohlwend, Mr Yáñez-Barnuevo
N.B. The names of those members who were present at the meeting are printed in italics.
Secretaries to the committee: Mr Plate, Ms Coin and Ms Kleinsorge