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Doc. 8734
4 May 2000
Progress report of the Monitoring Committee (1999-2000)
Information report
Committee on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee)
Rapporteur: Mr Juris SINKA, Latvia, European Democratic Group
I . INTRODUCTION
1. Paragraph 13 of Resolution 1115(1997) requires the Committee to report to the Assembly once a year on the general progress of the monitoring procedures.
2. The first progress report (Doc. 8057), covering the period April 1997-April 1998, was debated by the Assembly on 21 April 1998 and resulted in the adoption of Resolution 1155 (1998) and Recommendation 1366 (1998). The second progress report was submitted to the Assembly as an information report in April 1999.1
3. This is the Committee's third progress report. Like the preceding report, the present report on the activities of the Monitoring Committee between April 1999 and April 2000 is based on a series of tables, appearing in appendix, for reasons of clarity and celerity. The appendices are scheduled as follows :
- Appendix A summarises the state of procedure in respect of all eight member states under monitoring procedure;
- Appendix B shows the state of signatures and ratifications of Council of Europe conventions by these eight member states ; the listed conventions are those referred to as part of commitments in Assembly Opinions on the most recent accessions ;
- Appendix C shows the main areas which have been covered under the monitoring procedure in each member state ;
- Appendix D includes the list of Replies to Assembly Recommendations related to monitoring, adopted by the Committee of Ministers over the last twelve months ;
- Appendix E, finally shows the composition of the Committee by indicating the members per political group and national delegation. The same appendix shows the list of co-rapporteurs and the political groups and the national delegations to which they belong.
4. During the period covered by this report, the Monitoring Committee met 10 times. It examined 8 draft reports and 4 comments by national authorities. It adopted 4 draft resolutions, 5 draft recommendations and one opinion. Its co-rapporteurs made 10 fact-finding visits and took part in the observation of 5 elections.
5. The Committee developed its working methods by designing a mechanism for continuing the dialogue with member states after closure of the monitoring procedure (see below II, a).
II. EVOLUTION OF THE WORKING METHODS
a. Dialogue of the Assembly with a member State after the conclusion of a monitoring procedure
6. Until recently, closure of a monitoring procedure implied that as of the moment of adoption of the related resolution or recommendation by the Assembly, the Monitoring Committee ceased any activity in respect of the country concerned: the co-rapporteurs no longer had a mandate, no more visits were made, no more reports were produced, no more comments by national authorities were expected and the Committee held no further discussions on developments in that state.
7. In a number of resolutions and recommendations2, the Assembly agreed to close the monitoring procedure because the countries concerned had made significant progress in the honouring of their obligations and commitments and they had shown their determination to continue their reform policy.
8. However, to stimulate these states to keep the momentum and to assist the authorities where
useful, the Assembly had also, in these resolutions and recommendations, recommended some further steps to be taken and had indicated that it would pursue the dialogue with the State concerned3. In none of these resolutions and recommendations, however, the Assembly had defined the modalities of such dialogue and, in practice, no specific follow-up had been given so far to the intended dialogue.
9. During its meeting on 12 January 2000, the Monitoring Committee discussed this situation which would seem to do injustice to countries where the procedure is still applied as well as to certain countries which are no longer monitored. Indeed, such dialogue, which would not take the form of a monitoring procedure, between the Assembly and the states which are well on their way but have not yet completed the final stage of fulfilment of their obligations and commitments, might help reforms to progress and prevent, ultimately, monitoring procedures having to be re-opened. Consequently, the Committee concluded that the dialogue advocated in the above mentioned resolutions and recommendations should be developed.
10. The Committee agreed that such dialogue with the country concerned should be well prepared and focus on developments in those areas where in its resolution or recommendation the Assembly had recommended certain measures to be taken by the national authorities. It suggested proceeding, one year after the closure of the monitoring procedure, to a discussion on the follow-up given by the authorities of the country concerned to the steps recommended by the Assembly in its resolution or recommendation closing that procedure or on any other issues arising from that state’s obligations. Such discussion could be based on the assessment of the situation made by the Chairman of the Monitoring Committee, in co-operation with the national parliamentary delegation concerned and in consultation with the former co-rapporteurs. The Monitoring Committee would address the conclusions of its discussion in a memorandum to the Bureau. The Bureau would then decide whether further clarification or enhanced co-operation would seem desirable and, where necessary, a new monitoring procedure should be opened.
11. On 6 March 2000, the Bureau of the Assembly, on the basis of proposals from the Monitoring Committee, together with a memorandum by the Secretary General of the Assembly, agreed on the proposed methodology for post monitoring dialogue with Member States concerned. This decision was ratified by the Assembly on 3 April 20004.
12. It must be underlined that such a dialogue should not be considered as a part of the monitoring procedure regulated in Resolution 1115 (1997) but as a distinct specific process carried out by the Monitoring Committee on behalf of the Assembly.
13. The Committee has agreed to select those member States for which the monitoring procedure had been closed more than one year ago and to initiate a dialogue with Estonia, Romania, Lithuania and the Czech Republic.
b. Participation of members in the observation of elections
14. It has become standing practice of the Bureau, whenever it sets up ad hoc committees to observe elections in a member State which is being monitored, to include in these ad hoc committees the Monitoring Committee's co-rapporteurs on that country.5
15. Such ad hoc committees report to the Bureau, which normally appends the report to its Progress Report. It has happened, however, that after such elections the Monitoring Committee met before the Bureau had examined the ad hoc committees’ report, and the question was raised whether the co-rapporteurs were entitled to report to the Monitoring Committee.
16. In such cases, the Committee has considered that the observation of elections is part of the information and assessment in various fields which are used for monitoring the commitments made by the state concerned, and has invited the co-rapporteurs to present an oral report on their observations.
III. EVOLUTION OF MONITORING PROCEDURES FROM APRIL 1999 TO APRIL 2000
Albania
17. The co-rapporteurs visited Albania on 5-7 July 1999 and presented a preliminary draft report on 21 September 1999 [AS/Mon (1999) 11-confidential]. The Albanian authorities submitted their comments on 18 February 2000 [AS/Mon (2000) 08-confidential]. The co-rapporteurs envisage visiting Albania again in May 2000.
Bulgaria
18. The monitoring procedure in respect of Bulgaria was closed on 26 January 2000 [Resolution 1211 (2000)]. The Assembly, on the basis of the report by the Monitoring Committee, paid tribute to the Bulgarian authorities for the progress made on the road to democracy and the country's stabilising role in the Balkans. At the same time it launched an appeal to the Bulgarian authorities to provide better guarantees of the independence of the judiciary and the media (in particular through decriminalisation of libel and defamation on the part of journalists), the rights of minorities and local self-government. It also insisted on Bulgaria stepping up efforts to combat corruption and police brutality with assistance from the Council of Europe.
19. The Assembly decided to pursue a dialogue with the Bulgarian authorities on the issues referred to in paragraph 4 of Resolution 1211 (2000) or any other issues arising from the obligations of Bulgaria as a member state of the Council of Europe, with a view to reopening a procedure in accordance with Resolution 1115 (1997), if further clarification or enhanced co-operation should seem desirable.
Croatia
20. On 29 April 1999, the Assembly adopted Resolution 1185 (1999) and Recommendation 1405 (1999) on the honouring of obligations and commitments by Croatia, presented by the Monitoring Committee. The Assembly welcomed the progress Croatia had made in honouring its obligations and commitments as a member state since its accession to the Organisation on 6 November 1996, notably as regards ratification of Council of Europe conventions, consultation with Council of Europe experts on bills or laws and co-operation between the Constitutional Court and the Venice Commission.
21. The Assembly called on the Croatian authorities to take a series of concrete measures before the end of October 1999 in the field of electoral reform, local self-government, administration of justice, constitutional protection of minorities and freedom of the media. It resolved to continue monitoring Croatia and to examine further progress at its April 2000 part-session.
22. The Committee of Ministers replied to the Assembly’s Recommendation 1405 (1999) on 15 September 19996.
23. On 15 November 1999, the Head of the Croatian delegation to the Parliamentary Assembly sent an information letter to the Monitoring Committee on the implementation of Resolution 1185 (1999) on Croatia’s honouring of its commitments as of mid-November 1999.
24. The co-rapporteurs visited the country on 16 - 19 April 2000 and envisage to present a preliminary draft report to the Monitoring Committee in June 2000.
Georgia
25. On proposal of the Monitoring Committee, the Bureau authorised on 3rd November 1999 the opening of a procedure in respect of Georgia. The Standing Committee ratified this decision the following day. On 26 January 2000 the Committee appointed two co-rapporteurs (MM Diana and Eörsi) and authorised them to make a fact-finding visit in May 2000.
Latvia
26. The Assembly examined an information report by the Monitoring Committee on 24 June 1999. On 16 November 1999, the Monitoring Committee discussed a preliminary draft report on Latvia [AS/Mon (1999) 25-confidential] upon which the Latvian authorities submitted comments on 9 November 1999 [AS/Mon (2000) 02 -confidential]. The Monitoring Committee debated the issue again on 8 March 2000. On this occasion it was informed by the co-rapporteurs that the State language law would enter into force on 1 September 2000 and that the cabinet of Ministers would, in the meantime, adopt the regulatory acts referred to in this law. In view of their importance, the Committee agreed to examine these regulatory acts and to present to the Assembly its final report on Latvia afterwards.
Moldova
27. On 31 May 1999, the Moldovan authorities submitted their comments [AS/Mon (1999) 16-confidential] on a draft report, including a draft resolution and a draft recommendation from 26 February 1999 [AS/Mon (1999) 05 Part I and II].
28. An information note [AS/Mon (1999) 29] was examined by the Monitoring Committee, summarising the background to the constitutional conflict between the President and the Parliament and focusing on the initiative of President Lucinschi to organise a referendum with a view to amending the Constitution and providing for a presidential system of governance. The co-rapporteurs recommended the creation of a group of wise persons comprising equal numbers of representatives from the President of the Republic and from the parliament which should prepare a single draft of a constitutional revision with the assistance of the Council of Europe’s Venice Commission. The group has been set up and is chaired by an expert of the Venice Commission, Mr Malinverni.
Russia
29. The co-rapporteurs carried a fact-finding visit to Russia in May 1999 in the framework of a report on antisemitism in the Russian Federation.
30. The Committee was represented by MM Bindig, Moreels and Sinka in the ad hoc Committee on the follow-up to Recommendation 1444 (2000), on the conflict in Chechnya. Subsequently, Mr Moreels drew up and Mr Gross presented to the Assembly on 6 April 2000 an Opinion on the report [Doc. 8697] submitted by Lord Judd on behalf of the Political Affairs Committee. This was the first time the Monitoring Committee presented a written opinion to the Assembly. A fact-finding visit of the co-rapporteurs on Russia (MM Atkinson and Bindig) is scheduled for 28 - 31 May 2000.
“The former Yugoslav Republic of Macedonia”
31. The monitoring procedure in respect of “the former Yugoslav Republic of Macedonia” was closed on 5 April 2000 [Resolution 1213 (2000)]. The Assembly welcomed the progress that this member state had made in honouring its obligations and commitments. At the same time, the Assembly encouraged the Macedonian authorities to bring to a successful conclusion the initiatives they had taken on several issues such as integration of the ethnic minorities, in particular the Albanian minority, independence of the media, reform of the judiciary and education systems, improvement of the rule of law and local self-government.
32. The Assembly decided to pursue a dialogue with the Macedonian authorities on the issues referred to in paragraph 13 of Resolution 1213 (2000) or any other issues arising from the obligations of Macedonia as a member state of the Council of Europe, with a view to reopening a procedure in accordance with Resolution 1115 (1997), if further clarification or enhanced co-operation should seem desirable.
Turkey
33. The co-rapporteurs made a fact-finding visit to Turkey on 26 - 30 March 2000 and are preparing a preliminary draft report.
34. Several visits were carried in 1999 in the framework of the ad hoc Committee of the Bureau to ensure the presence of the Assembly at A. Öcalan’s trial.
Ukraine
35. Following an exchange of views with the Ukrainian delegation in April 1999 in Strasbourg and the co-rapporteurs’ fact-finding visit to Kyiv on 9 – 12 May 1999, the Monitoring Committee submitted to the Assembly a report which included a draft resolution and a draft recommendation.
36. Referring to Resolution 1179 (1999)7, the Assembly adopted Resolution 1194 (1999) on 24 June 1999, in which it concluded that no substantial progress had been achieved by 20 May 1999 and decided that it would be appropriate to start at the first part of the 2000 Ordinary session, the procedure aiming at suspending the credentials of the members of the Ukrainian delegation.
37. At its meeting on 12 January 2000, the Monitoring Committee debated the issue and concluded that in the light of the latest developments, the procedure referred to in paragraph 4 of Resolution 1194 (1999) and aiming at suspending certain rights of members of the Ukrainian delegation should not be started.
38. After reference to the Committee of a motion for a recommendation on the reform of the institutions in Ukraine, the co-rapporteurs visited the country again on 16 - 19 February 2000. Following this visit, the Monitoring Committee adopted a report including a draft recommendation, which was debated in the Assembly on 4 April 2000. In the Recommendation 1451 (2000), the Assembly, on the basis of the report of the Monitoring Committee, launched an urgent appeal to the President of Ukraine to postpone the so-called referendum until a new law on the referendum procedure would have been adopted. It recommended the Committee of Ministers that Ukraine’s membership of the Council of Europe be suspended, if the referendum results were to be implemented in a non-constitutional manner or if the constitution were to be amended through non-constitutional means.
IV. OTHER ISSUES
a. Application to open a procedure in respect of Austria
39. At its meeting on 8 March 2000, the Committee followed a proposal by some members and addressed to the Bureau an application to initiate a monitoring procedure in respect of Austria, following the participation of the Freedom Party in the Austrian Government in February 2000.
40. In doing so, the Committee implicitly recognised that the monitoring procedure could be considered not only as a means to encourage and assist member States in the honouring of their obligations and commitments but also a preventive instrument to ensure that States continue to honour them and, in the case of Austria, that there would be no deviation in the future.
41. On 3 April 2000, the Bureau expressed itself against initiating a monitoring procedure for Austria. This position was endorsed by the Assembly on the same day.
b. Meetings of the Monitoring Committee outside Strasbourg or Paris
42. In the course of various meetings, members have complained that contrary to most other committees the monitoring committee never meets outside Strasbourg or Paris and that this presents two serious disadvantages.
43. Members of the Monitoring Committee are called to pronounce themselves on the necessity to continue a monitoring procedure - or on the opportunity of closing it - in respect of a country which the Committee has never visited.
44. The lack of knowledge of local conditions will not facilitate those members' participation in the discussions on the honouring by that country of its obligations and commitments - which discussions may therefore be reduced to a mere dialogue between co-rapporteurs and the delegation concerned.
45. Moreover, the Monitoring Committee would benefit from examining on the spot certain activities carried out in member States to promote Council of Europe values with a view to launching similar activities in states which are being monitored.
46. The Monitoring Committee should therefore accept invitations to meet outside Strasbourg or Paris and the Bureau should authorise such meetings. Moreover, the Committee should be given the opportunity, like certain other committees, to accompany the Standing Committee when it meets outside Strasbourg or Paris.
V. CONCLUDING REMARKS
47. After three years of operation, the experience acquired by the Monitoring Committee allows it to fulfil its tasks under Resolution 1115 (1997), whilst continuing the development of clear guidelines and criteria for starting or closing a monitoring procedure.
48. The Monitoring Committee presents at least one report for debate in the Assembly at each part-session.
49. The success of the Monitoring Committee is clearly based on the constructive co-operation with the parliamentary delegations and the governments of the member States. It is worth noting that all texts proposed in the Committee have been adopted unanimously or quasi unanimously.
50. The growing impact that the reports of the Committee and more generally speaking its activities have on the states under monitoring procedure is a sign of the evolution of the monitoring approach. Various reports of the Monitoring Committee have been debated in the national institutions of the monitored member states.
51. The rapporteur is of the opinion that the Monitoring Committee has reached its cruising speed and that with its new responsibilities in the continued dialogue with de-monitored states, it has become the pillar in the Assembly's system to ensure honouring by the member States of their obligations and commitments.
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APPENDIX A: STATE OF PROCEDURES | |||||||
Member states |
Accession date |
References related to accession |
References related to the origin of monitoring |
Rapporteurs |
Visits |
Monitoring Committee Documents |
Parliamentary Assembly Documents |
ALBANIA |
29.06.1995 |
PA Opinion 189 (1995) CM Resolution (95) 8 |
Order 508 (1995) |
Mr Smorawinski Mr Sole Tura |
29-30.06.1998 22.11.1998* 24-26.02.1999 05-07.07.1999 Visit foreseen: 24-28.05.2000 |
Comments of the national authorities on the preliminary draft report AS/Mon (1999) 11 received in February 2000: AS/Mon (2000) 08 |
Addendum I to Bureau's Progress Report, Doc. 8195 Add I, Addendum III to Bureau's Progress Report, Doc. 8292 Add III |
CROATIA |
06.11.1996 |
PA Opinion 195 (1996) CM Resolution (96) 31 |
Resolution 1115 (1997) PA Opinion 195 (1996) |
Mr Jaskiernia Mrs Stoyanova |
10-13.11.1998 16-19.04.2000 |
Information on the implementation of Res. 1185 (1999) on Croatia’s honouring of its commitments as of mid-November 1999 : AS/Mon/Inf (1999) 2 |
Report, Doc. 8353, Resolution 1185 (1999) and Recommendation 1405 (1999) adopted on 29.04.99 |
GEORGIA |
27.04.1999 |
PA Opinion 209 (1999) CM Resolution (99) 4 |
Resolution 1115 (1997) PA Opinion 209 (1999) |
Mr Diana Mr Eörsi |
Visit foreseen: 10-13.05.2000 |
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LATVIA |
10.02.1995 |
PA Opinion 183 (1995) CM Resolution (95) 3 |
Resolution 1115 (1997) |
Mr Davis Mr Jansson |
29.04-1.05.1998 16-18.06.1998 03.10.1998* 10-13.10.1999 |
Comments of the national authorities on the preliminary draft report AS/Mon (1999) 25 received in January 2000: AS/Mon (2000)02 |
Information report, Doc. 8426, examined on 24.06.1999 |
MOLDOVA |
27.06.1995 |
PA Opinion 188 (1995) CM Resolution (95) 7 |
Order 508 (1995) Resolution 1115 (1997) |
Mrs Durrieu Mr Moreels |
27-30.10.1998 03-05.12.1998 02-03.11.1999 |
Comments of the national authorities to a preliminary draft report (AS/Mon(99) 05, Part2) received on 31.05.99: AS/Mon(99) 16. Information note on the visit of the rapporteurs (02-03.11.1999): AS/Mon (1999) 29 rev. |
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RUSSIA |
28.02.1996
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PA Opinion 193 (1996) CM Resolution (96) 2
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Order 508 (1995) Resolution 1115 (1997) |
Mr Atkinson Mr Bindig Mr Moreels |
Visit foreseen: 28-31.05. 2000 12-15.05.99 09-13.03.2000 (with Mr Sinka) |
Information Report, Doc. 8127, examined on 22.06.1998 Opinion of the Monitoring Committee, Doc. 8705, submitted on 06.04.2000 | |
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ANTISEMITISM IN THE RUSSIAN FEDERATION
CONFLICT IN CHECHNYA |
Reference by the Bureau (Doc. 8311) on 29.01.1999
Recommendation 1444 (2000) Doc.8630 on 27.01.2000 | ||||||
Member states |
Accession date |
References related to accession |
References related to the origin of monitoring |
Rapporteurs |
Visits |
Monitoring Committee Documents |
Parliamentary Assembly Documents |
TURKEY |
13.04.1950 |
Order 508 (1995) Recommendation 1298 (1996) Resolution 1115 (1997) |
Mr Bársony Mr Zierer |
06-09.09.1998 26-30.03.2000 |
Information Report, Doc. 8300, examined on 25.01.1999 | ||
THE SENTENCING TO DEATH OF A. ÖCALAN |
Reference by the Bureau (Doc. 8500) on 20.09.1999 |
Various visits in 1999 to ensure the presence of the Assembly at A. Öcalan’s trial | |||||
UKRAINE |
09.11.1995 |
PA Opinion 190 (1995) CM Resolution (95) 22 |
Order 508 (1995) Resolution 1115 (1997) |
Mrs Severinsen Mrs Wohlwend |
15-18.09.1998 09-12.05.1999 16-19.02.2000 |
Docs 8272 & 8424, Resolutions 1179 (1999 ) & 1194 (1999), Recommendations 1395 (1999) & 1416 (1999) , adopted on 27.01.1999 & 24.06.1999, respectively. Report, Doc. 8666, Recommendation 1451 adopted on 04.04.2000. | |
REFORM OF THE INSTITUTIONS IN UKRAINE |
Reference by the Bureau (Doc. 8637) on 28.01.2000 |
* observation of referendum or elections.
Abbreviations: “PA” for “Parliamentary Assembly” and “CM” for “Committee of Ministers”.
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APPENDIX B: STATE OF SIGNATURES AND RATIFICATIONS OF COUNCIL OF EUROPE CONVENTIONS BY STATES UNDER MONITORING | ||||||||
Council of Europe Conventions Referred to in commitments |
Albania |
croatia |
Georgia |
latvia |
Moldova |
Russia |
turkey |
ukraine |
European Convention on Human Rights (ECHR) |
R 2.10.96 |
R 5.11.97 |
R 20.5.99 |
R 27.6.97 |
R 12.9.97 |
R 5.5.98 |
R 18.5.54 |
R 11.9.97 |
Protocols 1,2 and 11 to the ECHR |
R |
R |
?? |
R |
R |
R |
R |
R |
Protocols 4 and 7 to the ECHR |
R |
R |
R 13.4.99 |
R |
R |
R |
S |
R |
Protocol 6 to the ECHR |
S 4.4.00 |
R 5.11.97 |
S 13.4.00 |
R 7.5.99. |
R 12.9.97 |
S 16.4.97 |
_ |
R 4.4.2000 |
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment(ECPT) |
R 2.10.96 |
R 11.10.97 |
S 16.2.00 |
R 10.2.98 |
R 2.10.97 |
R 5.5.98 |
R 26.2.88 |
R 5.5.97 |
Protocols Nos. 1 and 2 to the ECPT |
R |
S 16.02.00 |
S 16.2.00 |
R |
R |
R |
R |
S |
Framework Convention for the Protection of National Minorities |
S 29.6.95 |
R 11.10.97 |
S 21.1.00 |
S 11.5.95 |
R 20.11.96 |
R 21.8.98 |
_ |
R 26.1.98 |
European Charter for Local Self-Government |
S 27.5.98 |
R 11.10.97 |
_ |
R 5.12.96 |
R 2.10.97 |
R 5.5.98 |
R 9.12.92 |
R 11.9.97 |
European Charter for Regional or Minority Languages |
_ |
R 5.11.97 |
_ |
_ ???? |
_ |
_ |
S 2.5.96 | |
Convention on mutual assistance in criminal matters |
S 19.5.98 |
Ratification law adopted:5.3.99 |
_ |
R 2.6.97 |
R 4.2.98 |
R 10.12.99 |
R 24.6.69 |
R 11.3.98 |
Convention on the transfer of sentenced persons |
S 19.5.98 |
R 25.1.95 |
???? |
R 2.5.97 |
S 6.5.97 |
R 3.9.87 |
R 28.9.95 | |
Convention on laundering, search, seizure and confiscation of proceeds from crime |
S 4.4.00 |
R 11.10.97 |
_ |
R 1.12.98 |
S 6.5.97 |
_ |
R 26.1.98 | |
(Revised) Social Charter
|
S 21.9.98 |
S 8.3.99 |
_ |
_ |
S 3.9.98 |
_ |
_ |
S 7.5.99 |
General Agreement on Privileges and Immunities |
R 4.6.98 |
R 11.10.97 |
_ |
R 15.1.98 |
R 2.10.97 |
R 28.2.96 |
R 2.9.49 |
R 6.11.96 |
Protocol to the General Agreement on Privileges and Immunities |
R 4.6.98 |
R 11.10.97 |
_ |
R 15.1.98 |
R 2.10.97 |
R 28.2.96 |
R 7.1.60 |
R 6.11.96 |
Second and Fourth Protocol to the Agreement |
R 4.6.98 |
R 11.10.97 |
_ |
R 15.1.98 |
_ |
R 28.2.96 |
R 7.1.60/1.6.62 |
_ |
Third Protocol to the Agreement (open to member Sates of the Resettlement Fund) |
Not relevant |
R 11.10.97 |
_ |
_ |
_ |
Not relevant |
R 16.1.75 |
Not relevant |
Fifth Protocol to the Agreement |
R4.6.98 |
R 11.10.97 |
_ |
R 15.1.98 |
_ |
R 28.2.96 |
R 1.6.94 |
_ |
Sixth Protocol to the Agreement |
R 4.6.98 |
R 11.10.97 |
_ |
R 15.1.98 |
S 4.5.98 |
_ |
S 15.2.99 |
S 3.11.98 |
“R”: ratified; “S”: signed but not ratified; “-” no specific commitment undertaken upon accession or merely a commitment “to study with a view to ratification"
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APPENDIX C: AREAS COVERED UNDER MONITORING PROCEDURE | ||||||||
OBLIGATIONS and COMMITMENTS |
ALBANIA |
CROATIA |
GEORGIE |
LATVIA |
MOLDOVA |
RUSSIA |
TURKEY |
UKRAINE |
A.PLURALIST DEMOCRACY |
||||||||
Separation of powers |
X |
X |
X | |||||
Elections (electoral law; access to media; assessment of whether free, general, secret and fair) |
X |
X |
X |
X |
X | |||
Political parties (status; conditions for setting up; fiscal rules/party finances) |
X |
X |
||||||
Parliament (Pluralist composition; minority representation; control over the executive; immunities; rights and duties of the opposition etc.) |
X |
X |
X |
|||||
Special powers in emergency situations (use and control) |
X |
|||||||
Local and regional self-government |
X |
X |
X |
X |
X |
X | ||
B.RULE OF LAW AND HUMAN RIGHTS |
||||||||
Status of domestic law vis-ŕ-vis international human rights treaties |
X |
|||||||
Effectiveness of constitutional/legal guarantees for human rights |
X |
X |
X | |||||
Judicial system (independence of the judiciary; access to justice; criminal justice; role and status of public prosecutors; status of attorneys) |
X |
X |
X |
X |
X |
X |
X | |
Police attitudes |
X |
X |
X |
X |
X |
X | ||
Prison conditions and prison administration |
X |
X |
X |
X |
X |
X | ||
Respect for private and family life (data protection) |
X |
|||||||
Property rights (restitution, fair compensation) |
X |
|||||||
Freedom of worship and of conscience |
X |
X |
X |
X |
X | |||
Freedom of expression, notably of the media |
X |
X |
X |
X |
X |
X | ||
Freedom of association |
X |
X |
X |
X |
X |
|||
Freedom of movement and of assembly |
X |
X |
||||||
Equality between men and women |
||||||||
Minorities (non-discrimination; citizenship legislation; status and education in minority languages) |
X |
X |
X |
X |
X |
X |
X |
X |
Policies to combat racism, antisemitism, xenophobia |
X |
|||||||
C.OTHER ISSUES |
||||||||
Settlement of internal and international disputes by peaceful means |
X |
X |
X |
X |
X |
X |
X | |
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APPENDIX D : RELATIONS BETWEEN THE ASSEMBLY AND THE COMMITTEE OF MINISTERS ON MONITORING ISSUES (April 1999-April 2000) | |||
Assembly Recommendations related to monitoring |
Replies by the Committee of Ministers | ||
Title |
Date of adoption |
Date of adoption |
Delay |
Recommendation 1395 (1999) on the honouring of obligations and commitments by Ukraine |
27 January 1999 |
||
Recommendation 1405 (1999) on the honouring of obligations and commitments by Croatia |
29 April 1999 |
15 September 1999 |
5 months and 2 weeks |
Recommendation 1416 (1999) on the honouring of obligations and commitments by Ukraine |
24 January 1999 |
||
Recommendation 1419 (1999) on the honouring of obligations and commitments by Slovakia |
21 September 1999 |
12 January 2000 |
15 weeks |
Recommendation 1442 (2000) on the honouring of obligations and commitments by Bulgaria |
26 January 2000 |
15 March 2000 |
7 weeks |
Recommendation 1451 (2000) on the honouring of obligations and commitments by Ukraine |
4 April 2000 |
||
Recommendation 1453 (2000) on the honouring of obligations and commitments by the “FYROM" |
5 April 2000 |
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APPENDIX E: MEMBERS OF THE MONITORING COMMITTEE AND CO-RAPPORTEURS | ||||||||||||||||||||
NATIONAL DELEGATION |
POLITICAL GROUPS |
Number of members per national delegation |
Number of rapporteurs per national delegation | |||||||||||||||||
SOC |
EPP/CD |
EDG |
LDR |
UEL | ||||||||||||||||
Members: |
Rapporteurs for: |
Members |
Rapporteurs for: |
Members |
Rapporteurs for: |
Members |
Rapporteurs for: |
Members |
Rapporteurs for: | |||||||||||
Albania |
G.Pollo |
1 |
0 | |||||||||||||||||
Andorra |
0 |
0 | ||||||||||||||||||
Austria |
A.Gusenbauer |
1 |
0 | |||||||||||||||||
Belgium |
R.Moreels |
Moldova |
1 |
1 | ||||||||||||||||
Bulgaria |
E.Poptodorova |
M.Stoyanova |
Croatia |
2 |
1 | |||||||||||||||
Croatia |
M.Feric-Vac |
1 |
0 | |||||||||||||||||
Cyprus |
P. Demetriou |
D.Christodoulides |
2 |
0 | ||||||||||||||||
Czech Republic |
O.Sehnalova |
M.Nemcova |
2 |
0 | ||||||||||||||||
Denmark |
H. Gjellerod |
H.Severinsen |
Ukraine |
S.Soendergaard |
3 |
1 | ||||||||||||||
Estonia |
L.Vahtre |
1 |
0 | |||||||||||||||||
Finland |
T.Kautto |
[G.Jansson: Ex officio as AS/JUR Chair] |
Latvia |
1 [+1 ex officio] |
1 | |||||||||||||||
France |
J.Durrieu |
Moldova |
J.Baumel |
2 |
1 | |||||||||||||||
Georgia |
M.Saakashvili |
1 |
0 | |||||||||||||||||
Germany |
R.Bindig |
Russia |
B. Zierer |
Turkey |
U.Irmer |
3 |
2 | |||||||||||||
Greece |
K. Koulouris |
1 |
0 | |||||||||||||||||
Hungary |
A.Bársony |
Turkey |
L.Surjan |
M.Eörsi |
Georgia |
3 |
2 | |||||||||||||
Iceland |
O.Haraldsson |
1 |
0 | |||||||||||||||||
Ireland |
T.Enright |
1 |
0 | |||||||||||||||||
Italy |
F. Evangelisti |
L.Diana |
Georgia |
2 |
1 | |||||||||||||||
Latvia |
J.Sinka |
1 |
0 | |||||||||||||||||
Liechtenstein |
R.Wohlwend |
Ukraine |
1 |
1 | ||||||||||||||||
Lithuania |
R.Dagys |
B.Kuzmickas |
2 |
0 | ||||||||||||||||
Luxembourg |
0 |
0 | ||||||||||||||||||
Malta |
J.Attard-Montalto |
J. Vella |
2 |
0 | ||||||||||||||||
Moldova |
V. Solonari |
V.Nedelciuc |
2 |
0 | ||||||||||||||||
Netherlands |
E.Jurgens |
H.Eversdijk R.van der Linden |
3 |
0 | ||||||||||||||||
NATIONAL DELEGATION |
POLITICAL GROUPS |
Number of members per national delegation |
Number of rapporteurs per national delegation | |||||||||||||||||
SOC |
EPP/CD |
EDG |
LDR |
UEL | ||||||||||||||||
Members: |
Rapporteurs for: |
Members |
Rapporteurs for |
Members |
Rapporteurs for: |
Members |
Rapporteurs for: |
Members |
Rapporteurs for: | |||||||||||
Norway |
J.Ringstad |
L.Myrvoll |
2 |
0 | ||||||||||||||||
Poland |
J.Jaskiernia |
Croatia |
J.Smorawinski |
Albania |
2 |
2 | ||||||||||||||
Portugal |
J.Mota Amaral |
1 |
0 | |||||||||||||||||
Romania |
C.Dumitrescu |
G.Frunda |
P.Steolea |
3 |
0 | |||||||||||||||
Russia |
S.Ivanenko |
N.Shaklein |
2 |
0 | ||||||||||||||||
San Marino |
0 |
0 | ||||||||||||||||||
Slovakia |
P.Weiss |
1 |
0 | |||||||||||||||||
Slovenia |
B.Pahor |
1 |
0 | |||||||||||||||||
Spain |
J.Sole Tura |
Albania |
C.Ramirez Pery |
2 |
1 | |||||||||||||||
Sweden |
G.Magnusson |
1 |
0 | |||||||||||||||||
Switzerland |
A.Gross |
C.Frey |
2 |
0 | ||||||||||||||||
“the former Yugoslav Republic of Macedonia” |
A.Pollozhani |
1 |
0 | |||||||||||||||||
Turkey |
U. Gürkan |
M. Saglam |
O. Akgönenç |
3 |
0 | |||||||||||||||
Ukraine |
V.Kostytsky |
S.Holovaty |
E.Marmazov |
3 |
0 | |||||||||||||||
United Kingdom |
[T.Davis: Ex officio as AS/Pol Chair] |
Latvia |
J.Taylor |
D.Atkinson |
Russia |
2 [+ 1 ex officio] |
2 | |||||||||||||
Total number of members per political group |
23 [+ 1 ex officio] |
20 |
9 |
9 [+ 1 ex officio] |
5 |
66 [+ 2 ex officio] |
||||||||||||||
Total number of rapporteurs per political group |
6 |
6 |
1 |
3 |
0 |
16 | ||||||||||||||
Reporting committee: Committee on the honouring of obligations and commitments by Member States of the Council of Europe (Monitoring Committee).
Reference to committee: Resolution 1115 (1997).
Report unanimously approved by the committee on 4 May 2000.
Members of the committee: MM. Mota Amaral (Chair), Sole Tura (Vice-Chair), Sinka (Vice-Chair), Ms Severinsen (Vice-Chair), Ms Akgönenç, MM. Atkinson, Attard-Montalto, Bársony, Baumel, Bindig, Christodoulides, Dagys, Davis, Demetriou, Diana, Dumitrescu, Ms Durrieu, MM. Enright, Eörsi, Evangelisti, Eversdijk, Ms Feric-Vac, MM. Frey, Frunda, Gjellerod, Gross, Gürkan, Gusenbauer, Haraldsson, Holovaty, Irmer, Ivanenko, Jansson, Jaskiernia, Jurgens, Ms Kautto, MM. Kostytsky, Koulouris, Kuzmickas, van der Linden, Magnusson, Marmazov, Moreels, Myrvoll, Nedelciuc, Ms Nemcova, MM. Pahor, Pollo, Pollozhani, Ms Poptodorova, Mr Ramirez Pery, Ms Ringstad, MM. Saakashvili, Saglam, Ms Sehnalova, MM. Shaklein, Smorawinski, Soendergaard, Solonari, Steolea, Ms Stoyanova, MM. Surjan, Taylor, Vahtre, Vella, Weiss, Ms Wohlwend, Mr Zierer.
N.B. The names of those members who took part in the meeting are printed in italics.
Secretaries to the committee: Mr Ausems, Mr Dufour, Ms Chatzivassiliou, Ms Trévisan.
1 Doc.8359, Progress report of the Monitoring Committee (1998-1999), rapporteur Mr Jordi Sole Tura (Spain, SOC)
2 Recommendations 1338 (1997) on the Czech Republic and 1339 (1997) on Lithuania; Resolutions 1196 (1999) on Slovakia, 1211 (2000) on Bulgaria and 1213 (2000) on "the former Yugoslav Republic of Macedonia".
"[…] the Assembly considers the current monitoring procedure […] as closed. It will pursue its dialogue with the […] authorities on the issues referred to in paragraph [ ..], or any other issues arising from the obligations of […] as a member state of the Council of Europe, with a view to reopening procedure in accordance with Resolution 1115 (1997), if further clarification or enhanced co-operation should seem desirable."
4 See Progress report of the Bureau of the Assembly, Doc.8689 and add., adopted by the Assembly on 3 april 2000
5 Observation of elections in Arménia, Georgia, “the former Yugoslav Republic of Macedonia”, Ukraine and Russia.
7 The Assembly decided on 27 January 1999 that, should substantial progress not be made by 21 June 1999, it shall proceed to the annulment of the credentials of the Ukrainian parliamentary delegation and recommend to the Committee of Ministers to proceed to suspend Ukraine from its right of representation.