21^st SESSION

CG(21)15
28 September 2011

Revision of Congress texts concerning human rights adopted at the 18^th and the 19^th Sessions upon recommendation of the Committee of Ministers

Reply of the Committee of Ministers to Recommendation 280 (2010) (for information) 2

Draft revised Resolution 296 (2010) (for tacit adoption) 4

Draft revised Recommendation 280 (2010) (for tacit adoption) 6

Draft revised Resolution 307 (2010) (for tacit adoption) 8

Draft revised Resolution 310 (2010) (for tacit adoption) 14

Summary

On 6 July 2011, the Committee of Ministers adopted a reply to Congress Recommendation 280 (2010) on "the role of local and regional authorities in the implementation of human rights".

In its reply the Committee of Ministers welcomes the intensification of the Congress' work on the issue of respect for human rights at local and regional level and notes that the Congress does not intend to monitor the commitments of States with regard to human rights and their implementation by local authorities.

Nevertheless, for the sake of clarity and  in order to avoid any possible ambiguity concerning the scope of the Congress’ activities with regard to human rights, the Committee of Ministers asked the Congress to reconsider the terminology used in Recommendation 280 (2010) and Resolution 296 (2010) on the implementation of human rights at local and regional level as well as in Resolution 307 (2010) on monitoring the implementation of the European Charter of Local Self–Government and Resolution 310 (2010) on priorities of the Congress for 2011-2012.

The above-mentioned texts are presented in this document with the proposed modifications (in bold italics) in order to clarify the content and scope of the activities of the Congress regarding human rights.

 
Reply of the Committee of Ministers to Recommendation 280 (2010)

Ministers’ Deputies

CM Documents

CM/Cong(2011)Rec280 final        11 July 2011

 

“The role of local and regional authorities in the implementation of human rights” –
Recommendation 280 (2010) of the Congress of Local and Regional Authorities of the Council of Europe
(Reply adopted by the Committee of Ministers on 6 July 2011at the 1118th meeting of the Ministers’ Deputies)

 

1.         The Committee of Ministers has carefully examined Recommendation 280 (2010) on “The role of local and regional authorities in the implementation of human rights” of the Congress of Local and Regional Authorities of the Council of Europe, which it has brought to the attention of the member states’ governments.  It has forwarded the recommendation to the European Committee on Local and Regional Democracy (CDLR), the Steering Committee for Education (CDED) and the Steering Committee for Human Rights (CDDH), for information and possible comments.

2.         The Committee of Ministers agrees with the Congress that local and regional authorities, in their fields of competence, must comply with the human rights obligations which stem from the international commitments of the member states.  It therefore notes with interest the measures proposed by the Congress to raise awareness of human rights at the local and regional level and welcomes the initiative of the Congress to make “Human rights at local level” the main theme for the European Local Democracy Week 2011 which will take place in October.  It notes that the local dimension of human rights is a focal point of the Congress’ activities in 2011-2012.  The Committee of Ministers finally notes that the Congress does not intend to monitor, or on its monitoring visits to assess, the implementation of human rights by local and regional authorities and that it will not duplicate the activities of Council of Europe monitoring bodies.

3.         The Committee of Ministers welcomes the reform of the Congress in the framework of the overall reform process of the Council of Europe. In this context, it recalls its reply to Congress Recommendation 290 (2010) on the “Reform of the Congress structure and working methods”. The Committee of Ministers invites the Congress to re-examine its Resolutions 296 (2010), 307 (2010) and 310 (2010) in order to ascertain whether they need to be adjusted in the light of paragraph 2 above.^[1]

4.         The Committee of Ministers notes with interest the Congress’ idea that representatives of local and regional authorities could be invited to participate in the drafting of national human rights strategies, policies and indicators. It supports awareness-raising initiatives by local and regional authorities to promote respect for human rights; local and regional action plans; the setting-up of independent complaints mechanisms at local and regional level, such as local or regional ombudspersons; and the involvement by civil society at the local and regional level in the planning and implementation of human rights activities, taking into account structural differences in member states.

5.         The Committee of Ministers agrees with the Congress that education is important for the improvement of the situation of human rights in Europe at all levels and highlights the usefulness of the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education, adopted in the framework of the Committee’s Recommendation CM/Rec(2010)7.  It further notes that several practical tools and instruments have been prepared in the framework of the Council of Europe activities on Education for Democratic Citizenship and Human Rights Education, some of which may be particularly relevant for local and regional authorities, such as the “Policy Tool for Education for Democratic Citizenship and Human Rights: Strategic Support for Decision Makers” and the “School-Community-University Partnerships for a Sustainable Democracy: Education for Democratic Citizenship in Europe and the United States”.

Draft revised Resolution 296 (2010)

Resolution 296 (2010)[2]

Role of local and regional authorities in the implementation of human rights

1. The Council of Europe is the authoritative pan-European organisation when it comes to protecting and promoting democracy, human rights and the rule of law.

2. Whereas it is the intergovernmental sector which is chiefly concerned with the implementation of the commitments made by member states in these areas, the principle of subsidiarity means that Europe’s local and regional authorities also have a key role to play in the day-to-day application of the fundamental values of democracy and human rights.

3. Protecting and promoting human rights is a responsibility shared by all the different tiers of authority within each Council of Europe member state. Because of the close relationship between citizens and their elected representatives at this level, local and regional bodies are best placed toanalyse the human rights situation, identify the relevant problems which arise and take action to solve them.

4. The Congress of Local and Regional Authorities of the Council of Europe points out that it is on the ground, in regions, cities andneighbourhoods, as close as possible to people’s everyday lives, that human rights need to be nurtured. The way in which the Council of Europe is organised, with its three distinct but complementary pillars – the Committee of Ministers, the Parliamentary Assembly and the Congress – represents an unparalleled step forward for local and regional democracy, providing scope for a multi-tiered approach to human rights.

5. The powers and responsibilities of local and regional authorities are increasingly varied and complex. Local and regional authorities take one-off or more general decisions, relating in particular to education, housing, health, the environment and law and order, which are directly or indirectly connected with human rights and can affect their enjoyment of human rights by citizens.

6. In this connection, as the political assembly bringing together Europe’s local and regional elected representatives, the Congress can make an invaluable contribution to the pooling of information and experience and the recording of good practices in the human rights sphere. Since there is no standard blueprint for implementing human rights at local and regional level, the Congress could, as a first step, record the methods available which could be adapted to local circumstances.

7. The Congress is also an ideal forum in which to raise awareness about human rights issues among local and regional political leaders and government officials. The most important way to enable local and regional authorities to take responsibility for human rights is through the systematic training of political leaders and the dissemination of reliable information among citizens about their rights (particularly among vulnerable groups).

8. The Congress invites local and regional authorities to set up appropriate bodies or procedures to effectively implement and review the human rights situation in their communities and for rectifying instances where fundamental rights are not fully respected, particularly in the provision of local public services.

9. In the light of the above and also with reference to its joint declaration with the Council of Europe Commissioner for Human Rights and the Swedish Association of Local Authorities and Regions (SALAR) adopted on 6 October 2008, the Congress therefore calls on local and regional authorities to:

a. act with full regard for fundamental rights, particularly with regard to data protection;

b. contribute to the development of national indicators to facilitate the assessment of advances made in the field of human rights at local and regional level and take part in the drafting of national plans to secure and promote human rights; on the basis of the problems and remedies identified in the course of these planning measures, local and regional authorities will be able to analyse the local human rights situation regularly and to refer, where appropriate, to central government;

c. promote the establishment at local level of independent complaints mechanisms, such as, for example, an accessible and independent decentralised ombudsperson’s office, designed to deal with allegations of infringement of individual rights;

d. foster human rights training for local elected representatives and government officers so that they can identify and deal with human rights issues within the framework of their activities;

e. promote consultation processes, enabling all participants in local public life to exchange information on the human rights situation and to arrive at agreed responses to problems that arise;

f. guarantee equal access to public services for all citizens and non-citizens, without any discrimination, while ensuring that social rights are upheld;

g. introduce procedures, where education, health or social services are being privatised, to make the organisations concerned accountable for their actions and establish a quality control system for the services offered;

h. to examine local government budgets from a human rights perspective so that human rights are given appropriate attention when priority needs are being decided on.

10. The Congress instructs its Monitoring Committee to collect data on the local and regional human rights situation systematically on its visits. It also asks the other Congress committees to take account of human rights during their respective activities.

11. The Congress also instructs its Monitoring Committee to produce a five-yearly report on the human rights situation at local and regional level in Council of Europe member states, producing comparative data.

Draft revised Recommendation 280 (2010)

Recommendation 280 (2010)[3]

Role of local and regional authorities in the implementation of human rights

1. The Congress of Local and Regional Authorities of the Council of Europe recalls that:

a. the primary aim of the Council of Europe is to create, throughout the European continent, a common area based on respect for human rights, democracy and the rule of law;

b. democracy and human rights are interdependent. Democracy, including at the local and regional level, cannot exist without an unconditional respect for human rights;

c. local and regional authorities must comply with the human rights duties which stem from the international com­mitments of the member states, albeit only within their local/regional competences;

d. local and regional authorities are not only agents of central government: they secure human rights at the same time as theyfulfil local self-government;

e. good governance is rights-based governance. Complying with human rights duties is a challenge with the potential of strengthening democracy at the local level.

2. The Congress has a distinctive role to play within the Council of Europe, as it provides a forum where elected rep­resentatives can discuss common problems, share their experience and develop policies. It works to strengthen democracy through its monitoring activities.

3. In order to better secure the concrete implementation of human rights by local and regional authorities, the Congress recommends that the Committee of Ministers call on all member states to:

a. ensure that the allocation of financial resources to local and regional authorities is set at an appropriate level so that these authorities have the means to properly implement human rights and review and develop their own activities for compliance with these rights;

b. involve representatives of local and regional authorities in the drafting of national human rights strategies, policies and indicators, in order to have their input and make them aware of their responsibilities in the implementation of human rights;

c. encourage local and regional authorities to promote respect for human rights through awareness-raising initia­tives and through local and regional action plans;

d. encourage the setting-up of independent complaints mechanisms at local and regional level and, in particular, to create independent bodies, such as local or regional ombudspersons, able to find remedies in cases where human rights are not fully respected, in particular in the delivery of local public services;

e. involve civil society organisations in the planning and implementation of activities for the protection of human rights at all levels.

4. The Congress notes that the best way to secure the effective protection of human rights is to take action on the basis of a regular, comprehensive and accurate review of the situation. Therefore, the Congress asks the Committee of Ministers to invite member states to consider ways of encouraging local and regional authorities to create appropriate structures and procedures in order to carry out both the implementation and the review of human rights in their communities. There is no standard solution for implementing human rights at local and regional level, but a criterion of good governance should be to provide citizens with sufficient support and advice to exercise their rights.

5. The Congress also asks the Committee of Ministers to urge member states to ensure that local and regional authorities comply with the principle of non-discrimination in the implementation of human rights.

6. The Congress stresses that education and benchmarking are crucial to the improvement of the situation of human rights in Europe at all levels. It recommends that the Committee of Ministers:

a. encourage a systematic multi-level dialogue between the political levels of all member states in order to promote the human rights dimension in local self-governance;

b. foster respect for human rights through the training of local and regional elected representatives and their staff.

Draft revised Resolution 307 (2010)

Resolution 307 (2010)[4]

Procedures for monitoring the obligations and commitments entered into by the Council of Europe member states in respect of their ratification of the European Charter of Local Self-Government (ETS No. 122)

1. The European Charter of Local Self-Government is the authoritative legal instrument guaranteeing respect for a minimum of rights forming the first European platform for local self-government.

2. The Congress refers to its Resolution 31 (1996) on Guiding principles for the action of the Congress when preparing reports on local and regional democracy in member states and applicant states.

3. It also recalls the Committee of Ministers’ Statutory Resolution CM/Res(2007)6[5], which stipulates that it is for the Congress to monitor implementation of the Charter by the countries having ratified it, and states, inter alia, that:

“2-3. The Congress shall prepare on a regular basis country-by-country reports on the situation of local and regional democracy in all member States and in States which have applied to join the Council of Europe, and shall ensure, in particular, that the principles of the European Charter of Local Self-Government are implemented (…)

2-5. Recommendations and opinions of the Congress shall be sent as appropriate to the Parliamentary Assembly and/or the Committee of Ministers as well as to European and international organisations and institutions. Resolutions and other adopted texts which do not entail possible action by the Assembly and/or the Committee of Ministers shall be transmitted to them for their information.”

4. The Congress monitoring procedure is a crucial tool for checking that Council of Europe countries which have ratified the European Charter of Local Self-Government honour their commitments. In addition to checking in respect of states’ commitments, the procedure makes it possible to establish open and constructive dialogue between the Congress and the national, local and regional authorities of member states, via impartial and independent co-rapporteurs appointed on the basis of objective criteria.

5. The Congress believes it necessary to organise these monitoring procedures on a regular basis in each member state which ratified the European Charter of Local Self-Government. Given the ever-changing nature of local and regional democracy, it believes that it should be possible to organise these visits at least once every five years.

6. The Congress stresses how important it is for the Council of Europe to ensure that the commitments entered into by all its member states are fully honoured.

7. Pursuant to the aforementioned texts, the Congress must ensure that it monitors the commitments entered into by the member states having ratified the European Charter of Local Self-Government and/or its Additional Protocol on the right to participate in the affairs of a local authority[6] (hereinafter “the Charter”).

8. Furthermore, pursuant to Resolution 299 (2010), the Reference Framework for Regional Democracy will be taken into consideration.[7]

9. Alongside the monitoring effort, the Congress will promote, in as much as they entail obligations in respect of local and regional authorities, the European Convention on Human Rights (ETS No. 5) and the revised European Social Charter (ETS No. 163).

10. To achieve the above objectives, the Bureau shall decide to organisemonitoring in one or more given countries, either because of a particular situation requiring clarification regarding application of the Charter or in order to update a report on the situation of local and/or regional democracy. It shall instruct the Monitoring Committee to make arrangements for the monitoring of the honouring of these commitments in that/those countries. Monitoring is also intended to check the content of any notifications made by the state pursuant to Article 12 of the Charter when depositing their instrument of ratification and, where applicable, explore with the authorities the possibility of ratifying, at a later date, the article(s) to which their notification related.

11. The monitoring visits must focus on the situation of local and regional democracy, except in countries which have no regional structures.

12. On the basis of a list of candidates, the Monitoring Committee shall appoint two co-rapporteurs from among its members (one full member or alternate from its Chamber of Regions and one full member or alternate from its Chamber of Local Authorities). Appointment of the co-rapporteurs shall comply with Article 2 of the rules governing the organisation of Congress monitoring procedures, appended to the present resolution.

13. The Congress believes that, in the interest of ensuring compliance with the criteria of independence and impartiality of the co-rapporteurs, which are the very keys to the effectiveness of a monitoring mission, a co-rapporteur’s mandate may not exceed five years and they may not be tasked with monitoring the same country for the five years following that initial period.

14. For the sake of the smooth running of the monitoring procedure, the committee may decide to extend the mandate of one of the co-rapporteurs, where there are grounds and if it is possible, for six months at the most, in particular to enable the co-rapporteur to present a report already entered on the agenda of a Congress part-session.

15. For the purposes of the present resolution, the mandate of co-rapporteurs shall commence on the date of their appointment.

16. By decision of the Monitoring Committee, the delegation shall be assisted by a consultant drawn from the Group of Independent Experts on the European Charter of Local Self-Government or by an independent consultant who has specialist knowledge of the country to be visited and substantial knowledge of the Charter and of local and regional democracy issues in Council of Europe member states.

17. The monitoring delegations shall meet, inter alia, with the ministers responsible for local and regional authorities, parliamentarians, local and regional elected representatives, officials of the competent authorities and also associations representing local and regional authorities and representatives of civil society.[8]

18. The report must be drafted, as far as possible, within six weeks following the visit.

19. The report on the situation of local and regional democracy in a country to which a monitoring visit or fact-finding visit has been made shall be drafted by the co-rapporteurs in collaboration with the consultant and the secretariat.

20. It must also take into account the recommendations and/or resolutions previously adopted by the Congress, particularly recommendations addressed to the country visited. The report shall also take into consideration the political context in which the monitoring visit took place and examine the situation of local and regional democracy in the light of other relevant Council of Europe texts[9] ratified by the country in question.

21. Once validated by the co-rapporteurs, the draft report shall be sent to the authorities of the country concerned, with whom the delegation had previously met, so that they may respond and send back their comments. The co-rapporteurs may decide to publish those comments in an appendix to their report.

22. The report shall be accompanied by a draft recommendation and if necessary a draft resolution.

23. Pursuant to Rule 42-5 of the Rules of Procedure of the Congress and its Chambers,[10] draft reports, recommendations and, where applicable, resolutions, shall be submitted for adoption to the Monitoring Committee, and then for adoption by the Congress at a plenary session or a session of the Chambers.

24. Pursuant to Article 2-5 of the Statutory Resolution mentioned above, the recommendation shall be transmitted to the Committee of Ministers and to the Parliamentary Assembly.

25. Rules governing the organisation of Congress monitoring procedures are appended to the present resolution.

Appendix

Rules governing the organisation of Congress monitoring procedures
pursuant to Resolution 307 (2010)

Pursuant to Resolution 307 (2010), the purpose of the present rules is to define the arrangements for organising procedures for monitoring the commitments of Council of Europe member states having signed and ratified the European Charter of Local Self-Government[11] with the aim of achieving the objective set forth in the aforementioned resolution.

1. The monitoring procedure

The monitoring procedure shall be carried out every five years in each Council of Europe member state having signed and ratified the European Charter of Local Self-Government. It shall comprise four phases:

a. the monitoring visit;

b.examination of the report by the Congress and adoption by that body of a recommendation. If the co-rapporteurs think it necessary, they may propose a draft resolution for adoption by the Congress;

c.transmission to the Committee of Ministers for debate and subsequent transmission to the authorities of the country concerned;

d. an invitation issued to the authorities of the country concerned to address the plenary session of the Congress or the session of one of its Chambers between two monitoring procedures.

2. The co-rapporteurs

2.1. Two rapporteurs shall be appointed: one co-rapporteur for regional questions and one co-rapporteur for local questions in the case of a report focusing on the situation of local and regional democracy, and two co-rapporteurs for local questions in the case of a report focusing solely on local democracy;

2.2. The co-rapporteurs shall be appointed from among the Full or Alternate members of the Monitoring Committee of the Congress who put forward their names as candidates;

2.3. Upon express derogation by the chair of the committee, a member of the Congress who is not a member of the Monitoring Committee may be appointed as co-rapporteur;

2.4. The co-rapporteurs must be appointed in a manner that ensures a balanced representation of the political groups and the group of members not registered with a political group of the Congress;

2.5. Candidates for monitoring exercises may be appointed for only one monitoring exercise at a time;

2.6. The co-rapporteurs must not be nationals of the country concerned by the monitoring procedure, or a bordering country or a country which has a particular relationship with the country to be monitored;

2.7. The maximum duration of the rapporteurs’ mandate shall be five years, dating from their appointment;

2.8. A co-rapporteur’s mandate may exceptionally be extended for a maximum of six months, on grounds of the timetable for the presentation of the monitoring report at a Congress session.

3. Monitoring visits

3.1. Number of visits

The monitoring procedure shall comprise one visit to the country concerned. Should they think it necessary, the co-rapporteur may make a second visit subject to the Bureau’s agreement.

3.2. The delegation

The delegation participating in the monitoring visits shall comprise the two co-rapporteurs assisted by one/two representatives of the Congress secretariat and a consultant drawn from the Group of Independent Experts on the European Charter of Local Self-Government or by an independent consultant who has specialist knowledge of the country to be visited and substantial knowledge of the Charter and of local and regional democracy issues in Council of Europe member states.

3.3. Preparation of the visit

3.3.1. The visit shall be prepared by the Congress secretariat in conjunction with the national, regional and local authorities, and also the national association(s) of local and regional authorities.

3.3.2. The secretariat shall draw up a draft programme in conjunction with the co-rapporteurs.

3.3.3. The draft programme shall be communicated to the permanent representative to the Council of Europe of the country concerned and to the secretary of the country’s delegation to the Congress. The Congress secretariat shall inform the permanent representation of the country concerned and also the secretary of its national delegation to the Congress of correspondence with the authorities.

3.3.4. The visit programme shall make provision for meetings with the authorities responsible for questions of local and regional democracy or dealing with these questions, and also with the officials of the administrations concerned, notably:

– the minister(s) responsible for local and regional authorities;

– members of parliament (national and/or regional) – particularly those responsible for local or regional issues;

– local and regional elected representatives, including the Congress delegation, the mayor of the capital city and mayors of small and medium-sized municipalities;

– the president of the Constitutional Court;

– the national, regional and/or local ombudsman;

– a specialist on questions linked to the application of the Charter in the country concerned;

– associations representing local and regional authorities;

– representatives of civil society from non-governmental organisations and trade unions of the country visited.

Generally speaking, the co-rapporteurs might meet any individual whom they consider useful to interview for their task.

3.3.5. The secretariat shall provide the rapporteurs with the most comprehensive information possible on the country visited.

3.3.6. The consultant shall contribute to the preparation of the visit by drawing up a concise list of questions to be broached concerning problems linked to the application of the Charter. This list shall also include the questions raised during the previous visit to the country. The consultant shall also take into account any notifications made by the state when depositing their instrument of ratification of the Charter and the current political context.

3.3.7. The list of topics which the delegation wishes to broach shall be sent, at least one week prior to the visit, to the permanent representation to the Council of Europe of the state concerned, and to the talking partners listed in the programme.

3.4 Running of the visit

3.4.1. A working meeting of the delegation shall be organised prior to the series of meetings scheduled in the programme, inter alia to enable the co-rapporteurs to check with the secretariat and the consultant that they have all the necessary information concerning their talking partners and the substantive topics they are to broach with the authorities during the visit.

3.4.2. In the course of their scheduled meetings, the co-rapporteurs will hold talks with the country’s political authorities, mentioned in paragraph 3.3.4. The consultant and the secretariat may speak on such occasions, with the rapporteurs’ permission.

3.4.3. A meeting of the delegation members shall be organised on the spot by the secretariat at the end of the visit in order to assess the information gathered and the overall running of the visit.

4. Preparation of the report, recommendation and resolution

4.1. The report shall be drafted, as far as possible, within a maximum of six weeks following the visit.

4.2. The report on the situation of local and regional democracy in a country to which a monitoring visit or fact-finding visit has been made shall be drafted by the co-rapporteurs in collaboration with the consultant and the secretariat.

4.3. It shall also take account of the recommendations and/or resolutions previously adopted by the Congress, particularly recommendations addressed to the country visited. The report must also take into consideration the political context in which the monitoring visit took place and examine the situation of local and regional democracy in the light of other relevant Council of Europe texts ratified by the country in question. [12]

4.4. Once validated by the co-rapporteurs, the draft report shall be sent to the authorities of the country concerned, with whom the delegation had previously met, so that they may respond and send back their comments. The co-rapporteurs may decide to publish those comments in an appendix to their report.

4.5. The report shall be accompanied by a draft recommendation and if necessary a draft resolution.

5. Adoption of and follow-up to recommendations

5.1. Pursuant to Rule 42-5 of the Rules of Procedure of the Congress and its Chambers[13], the preliminary draft report, recommendation and, where applicable, resolution, shall be submitted to the Monitoring Committee for examination and adoption.

5.2. The draft report, recommendation and, where applicable, resolution shall be presented by the co-rapporteurs and examined by the Congress with a view to their adoption within the framework of its session or the sittings of the Chambers.

5.3. Pursuant to Article 2-5 of the Statutory Resolution, the recommendation shall be transmitted to the Committee of Ministers for debate and transmission to the authorities of the state concerned and to the Parliamentary Assembly.

5.4. Implementation of the recommendation shall be followed up by the member states concerned and by the Congress as well as the intergovernmental entities of the Council of Europe competent in the area of local and regional democracy, inter alia within the framework of the ongoing dialogue established with the authorities during the visit.

Draft revised Resolution 310 (2010)

Resolution 310 (2010)[14])

Priorities of the Congress for 2011-2012

The Congress of Local and Regional Authorities of the Council of Europe,

1. Welcoming the reform of the inter-governmental sector of the Council of Europe, initiated by Thorbjørn Jagland, the Secretary General of the Organisation, with the backing of the Committee of Ministers, with a view to refocusing our Organisation’s activities on its fundamental values and at revitalising it as a political body and innovative organisation;

2. Having considered Congress Resolution 304 (2010) on the priorities of the Congress for 2011-2012;

3. Taking into account the replies received from its members, national associations and observers, following the consultation that it carried out in July and August 2010,

4. Adopts the priorities which are set out in the appendix to this resolution and instructs its Bureau to implement them.

Appendix

Priorities of the Congress 2011-2012

1. The Congress is the Council of Europe’s assembly of local and regional representatives, a political body of territorial representatives who hold an elected mandate in their own country.

2. Its mission is to be a watchdog for local and regional democracy in Europe, a partner of governments and a reference point for territorial democracy, notably through monitoring the European Charter of Local Self-Government (ETS No. 122), through political dialogue with the Committee of Ministers and with local, regional and national authorities of member states. It also develops special thematic work through its recommendations and resolutions.

3. In 2011-2012 the Congress will further align its activities and strategy with the priorities of the Council of Europe, focusing its work to develop local and regional democracy in five areas, at the same time taking account of the reforms initiated by Council of Europe Secretary General, Thorbjørn Jagland, and supported by the Committee of Ministers. It will adapt its structures accordingly.

4. In accordance with its revised co-operation agreement with the European Union Committee of the Regions (12 November 2009), the Congress will endeavour to translate these priorities through the Contact Group in a joint work programme with the committees of the Committee of the Regions, primarily the Commission for Citizenship, Governance, Institutional and External Affairs (CIVEX).

I. Monitoring: a new dynamic

5. The Congress will bring a new dynamic to its monitoring activities, making them more frequent, more regular, more systematic and more open to political dialogue, enabling the Congress to fulfil its mission as a monitoring body of the Council of Europe. These activities have to be co-ordinated with the other Council of Europe monitoring mechanisms, to ensure greater impact and tangible developments in member states.

6. The cornerstone of the monitoring activities of the Congress remains the benchmark Council of Europe treaty, the European Charter of Local Self-Government, which sets standards for both local and regional democracy in the Organisation’s member states. At the same time the Congress will be widening the scope of its monitoring activities to take into account the Council of Europe Reference Framework for Regional Democracy, approved by the ministers responsible for local and regional government in Utrecht in 2009. Alongside its monitoring procedures, the Congress will promote, through its Resolution 296 (2010)[15] awareness raising activities and innovative action on human rights among local and regional authorities.

II. Election observation: widening the scope

7. Citizens’ right to exercise their democratic choice in free and fair local elections is the sine qua non of local democracy. It is a prerequisite to the health of local communities within a genuinely democratic society. Above all it is the first step in the political participation that is enshrined in the preamble to the European Charter of Local Self-Government and its Additional Protocol on the right to participate in the affairs of a local authority (CETS No. 207).

8. An election is not just one polling day: it is far more than the act of voting. It includes the campaign and the complex process of enabling citizens to make an informed choice in a pluralistic political landscape. To make an accurate assessment of the conduct of the election, the whole process needs to be examined, including the political, legal and media systems. The Congress will therefore systematise its practice of conducting pre-electoral missions, to ensure a proper understanding of the context and process of elections. Co-operation will be developed with the relevant Council of Europe bodies in this respect. In carrying out its election observation mission, the Congress will continue to involve the Committee of the Regions of the European Union in developing its observation capacity. It will also continue to co-operate, when appropriate, with the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR). To ensure the effectiveness of election observation, the Congress will continue to implement political follow-up to its recommendations and resolutions.

III. Targeted monitoring and observation assistance

9. To achieve real results with respect to the recommendations of its monitoring and election observation missions, the Congress will organise specific co-operation programmes with the member states concerned to address the major issues that it has highlighted as requiring attention and to increase their know-how and capacity for local governance and election organisation.

10. Such programmes should involve local and regional representatives, not just those of the countries concerned, but also those from other European countries who are willing to share their acquis and expertise on a peer-to-peer basis.

11. The Congress will seek to co-finance such activities through voluntary contributions and support from the European Union and other international partners.

IV. The new local dimension of human rights

12. Human rights are not exclusively the concern of national authorities. The respect of human rights has to be addressed at the local level. It is a key responsibility of territorial authorities, interdependent with good local and regional governance.

13. In accordance with its 2008 joint declaration with the Council of Europe Commissioner for Human Rights, the Congress will work to make local and regional authorities aware of their responsibilities for the implementation of human rights. It is the role of local and regional authorities to ensure that their activities are fully compliant with Council of Europe human rights standards, such as, for instance, ensuring equal access to public services. We need to ensure that our communities are providing the same protection to all people living in their territories.

14. In this respect, the Congress will promote the implementation of good practices and mechanisms of mediation, such as independent local and regional ombudspersons.

V. Streamlining thematic activities

15. The Congress will specify its thematic activities within its statutory committees in accordance with the core values of the Council of Europe and the competence of these committees, focusing on local and regional aspects of the Council of Europe’s priorities, reflected also in the priorities of the Utrecht Agenda (17 November 2009), including promoting good governance, inter-regional and cross-border co-operation, social cohesion, sustainable development and intercultural dialogue.

16. These activities will treat issues that are addressed during the monitoring activities of the Congress, notably the application of the European Charter of Local Self-Government and the Reference Framework for Regional Democracy, but will also include human rights issues, such as the full participation of all citizens in local political life as well as related questions of equality of opportunity in local life and freedom of assembly and expression will also be part of the awareness-raising among local and regional elected representatives.

17. In implementing these objectives, the Congress will bear in mind the need to avoid overlap and duplication of work and instead to develop synergies with other relevant Council of Europe bodies, such as the European Committee on Local and Regional Democracy (CDLR) and the Centre of Expertise for Local Government Reform.