Strasbourg, 5 September 2011 CDLR(2011)26
Item A.2 of the agenda
EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY
(CDLR)
DECISIONS OF THE COMMITTEE OF MINISTERS CONCERNING THE CDLR
For adoption
Secretariat Memorandum
prepared by the
Directorate General of Democracy and Political Affairs
Directorate of Democratic Institutions
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Introduction
The following table sets out the decisions concerning the CDLR taken by the Committee of Ministers since the last CDLR meeting of 28-30 March 2011. Only the decisions and texts in respect of which the CDLR is required to produce an output are appended to this document. All documents referred to may also be found on the Committee of Ministers web site.
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Date and meeting |
CM decision in respect of CDLR |
Reference document |
Proposed action by CDLR |
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1112th meeting, 19 April 2011 (item 2.3) |
“Follow-up by the Congress of the Conference of Ministers responsible for Local and (Congress REC_282 (2010) and CM/Cong(2011)282 prov3) Decision The Deputies adopted the reply to Recommendation 282 (2010) of the Congress of Local and Regional Authorities of the Council of Europe on “Follow-up by the Congress of the Conference of Ministers responsible for Local and Regional Government (Utrecht, Netherlands, 16-17 November 2009)”. |
CM/Del/Dec(2011)1112 Appendix 1 |
The CDLR is to take note. |
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1112th meeting, 19 April 2011 (item 12.1) |
Congress of Local and Regional Authorities of the Council of Europe – 20th Plenary Session of the Congress (Strasbourg, 22-24 March 2011) – Texts adopted The Deputies agreed to forward it to the European Committee on Local and Regional Democracy (CDLR) for information and possible comments before 30 June 2011: the Recommendation 304 (2011) – “Meeting the challenge of interfaith and intercultural tensions at local level” |
CM/Del/Dec(2011)1112 Appendix 2
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The Bureau adopted comments (Appendix 3); CDLR is to take note. |
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121st Session 10-11 May 2011 (item 2.5) |
The Council of Europe: a strategy for values in action – Activity report by the Secretary General Decisions The Committee of Ministers Took note of the proposal concerning a possible partnership between the Conference of Ministers responsible for Local and Regional Government and the Committee of Ministers |
The CDLR is to take note. |
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1114th meeting, 25 May 2011 (item 2.1.bis b) |
Draft Recommendation CM/Rec(2011)…of the Committee of Ministers to member states on the principles of good democratic governance at local level and draft Recommendation CM/Rec(2011)…of the Committee of Ministers to member states on the funding by higher level authorities of new competences for local authorities – Request for opinion from the Congress of Local and Regional Authorities of the Council of Europe (CM(2011)60 add1 and CM(2011)60 add3) The Deputies 1 invited the Congress of Local and Regional Authorities of the Council of Europe to give an opinion by 30 June 2011 on the draft Recommendation on the principles of good democratic governance at local level and on the draft Recommendation on the funding by higher level authorities of new competencies for local authorities, it being understood that the Deputies have not yet taken a decision on the adoption of these drafts; 2 agreed to consider these opinions in the framework of their examination of the abridged report of the 47th meeting of the CDLR, at their 1118th meeting (6 July 2011) (cf. CM/Del/Dec(2011)1114/2.3). |
CM/Del/Dec(2011)1114 |
The Bureau is to take note. |
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1114th meeting, 25 May 2011 (item 2. 3) |
European Committee on Local and Regional Democracy (CDLR) a. Abridged report of the 47th meeting (Strasbourg, 28-30 March 2011) b. Draft Declaration by the Committee of Ministers on the principles of good democratic governance at local level This item was postponed to the 1118th meeting (6 July 2011). |
CM/Del/Dec(2011)1114 |
The CDLR is to take note. |
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1114th meeting, 25 May 2011 (item 1. 5) |
121st Session of the Committee of Ministers (Istanbul, 10-11 May 2011) – Follow-up Summing-up by the Chairperson The Chairperson noted that the proposal concerning a possible partnership between the Council of Europe Conference of Ministers responsible for local and regional authorities and the Committee of Ministers calls for a reply which would be prepared by the Deputies in the context of the preparation of the 17th session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (Kyiv, Ukraine, 3-4 November 2011) |
CM/Del/Dec(2011)1114 Addendum |
The CDLR is to take note. |
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1116th meeting, 15 June 2011 |
Resolution CM/Res(2011)7 on Council of Europe conferences of specialised ministers Adoption by the Committee of Ministers |
Appendix 4 |
The CDLR is to take note. |
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1118th meeting, 6 July 2011 (item 2.3a) |
European Committee on Local and Regional Democracy (CDLR) Decision The Deputies took note that the theme “Human rights at local level” will be added to the agenda of the 17th session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (Kyiv, 3‑4 November 2011). |
CM/Del/Dec(2011)1118 |
The CDLR is to take note. |
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1118th meeting, 6 July 2011 (item 2.3b,c,d) |
European Committee on Local and Regional Democracy (CDLR)
c. Draft Declaration by the Committee of Ministers on the principles of good democratic governance at local level d. Draft Recommendation CM/Rec(2011)… of the Committee of Ministers to member states on the funding by higher level authorities of new competences for local authorities These sub-items were postponed under item 1.1. |
CM/Del/Dec(2011)1118 |
The CDLR is to take note. |
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1118th meeting, 6 July 2011 (item 2.4) |
European Committee on Local and Regional Democracy (CDLR) Proposed partnership between the Committee of Ministers of the Council of Europe and the Conference of Ministers responsible for Local and Regional Government This item was postponed under item 1.1. |
CM/Del/Dec(2011)1118 |
The CDLR is to take note. |
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Consideration of the above mentioned items European Committee on Local and Regional Democracy (CDLR) a, b ,c and d will resume in the Rapporteur Group on Democracy (GR-DEM) on 6 September 2011. |
The CDLR is to take note. |
Appendix 1
Reply to Recommendation 282 (2010)
of the Congress of Local and Regional Authorities of the Council of Europe
on “Follow-up by the Congress of the Conference of Ministers responsible for Local and Regional Government (Utrecht, Netherlands, 16-17 November 2009)”
(Adopted by the Committee of Ministers on 19 April 2011 at the 1112th meeting of the Ministers' Deputies)
1. The Committee of Ministers has given careful consideration to Recommendation 282 (2010) on “Follow-up by the Congress of the Conference of Ministers responsible for Local and Regional Government (Utrecht, Netherlands, 16-17 November 2009)”, which it has brought to the attention of the governments of member states and has sent it to the European Committee on Local and Regional Democracy (CDLR) for comments.
2. In the course of its examination, the Committee has taken due note of the comments of the Congress on the report “How to enhance the work of the Council of Europe in the field of local and regional democracy?” (the Kiviniemi report), which was presented to the 16th session of the Council of Europe Conference of Ministers responsible for Local and Regional Government. The Committee is committed to the Council of Europe's institutional structure, in which the Congress plays an important role. In this connection, it refers to its 1103rd meeting (19-20 January 2011), where it adopted a revised version of the Statutory Resolution and of the Congress Charter. It encourages the Congress to continue its activities aimed at strengthening local and regional democracy at the pan-European level. It considers that a high level of interinstitutional co-operation within the Council of Europe will make an effective contribution to achieving this objective. This is even more necessary in the context of the reform process currently under way, one of the aims of which is to ensure that the activities of the Congress contribute more to the Organisation's fundamental objectives.
3. The Committee notes that the Utrecht Declaration specifically invites the Congress to participate in a certain number of activities, and welcomes the fact that the Congress has responded positively to these invitations.
4. The Committee of Ministers encourages the governments of member states to take account of the Reference Framework for Regional Democracy in connection with policies and reforms, as proposed in paragraph 8 b. of the recommendation. It recalls that the Framework was prepared jointly by the Congress and the CDLR as “a useful and practical reference for those considering institutional reforms and governance at the regional level, as well as for the Parliamentary Assembly and the Congress in their work”.
5. Turning to the possible role of intergovernmental co-operation as part of the follow-up to Congress recommendations connected with monitoring, the Committee notes that this is one of the numerous aspects which should be considered in the context of the general review of the monitoring of the European Charter of Local Self-Government being carried out by Mr Chaves, the Spanish Minister for Local and Regional Policy. The Committee of Ministers will consider the conclusions of this review in due course.
6. Finally, the Committee welcomes the decision to make “human rights at local level” the main theme of the 2011 European Local Democracy Week and encourages all those concerned to contribute to the successful outcome of this initiative.
Appendix 2
Congress of Local and Regional Authorities of the Council of Europe
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22-24 March 2011 Meeting the challenge of inter-faith and intercultural tensions at local level Recommendation 304 (2011) 1 1. The population structures of European cities have been significantly shaped by recent migration processes. The resulting ethnic, religious and cultural plurality challenges social cohesion and relations between groups and, thus, raises new issues for local politics. 2. Local authorities have a vested interest in identifying and sharing successful local integration practices. For this reason, the Congress of Local and Regional Authorities launched the European Network of Cities for Local Integration Policies (CLIP) together with the City of Stuttgart and the European Foundation for the Improvement of Living and Working Conditions in 2006. 3.The CLIP Network identified the current challenges regarding intergroup relations as a matter of grave and increasing concern to local authorities and catalogued the different means at their disposal for promoting intergroup relations and addressing potential conflicts and tensions. 4. Moreover, the Congress welcomes the close co-operation between the Council of Europe and its organs and European Union bodies in such networks as CLIP and Intercultural Cities and considers that both organisations should continue to: a. improve their cooperation and synergy and monitor manifestations of discrimination, racism and xenophobia; b. support good practice exchange between local and regional authorities that is systematic, supported by research and results in a series of good practice recommendations. 5. The Congress is convinced that improving intergroup relations at local level is the key to present and future social cohesion and to this end recommends that the Committee of Ministers of the Council of Europe call on member states to: a. foster the political and civic participation of migrant groups by increasing their awareness of their political rights; b. sign and ratify as soon as possible, if they have not already done so, the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144); c. create the legal and financial basis for institutionalising local anti-discrimination offices in local authorities with a high level of immigration. National legislation should set basic standards for the working of such offices; d. promote the establishment of, and establish regular contact with, migrant organisations’ umbrella organisations which strengthen cooperation between member associations and support members in developing competences and establishing networks; e. seek to improve relations between public servants, including the police, and migrant groups through intercultural training of staff, joint workshops with personnel and migrant representatives, setting up integration liaison units and encouraging public administrations to increase the recruitment of staff with a migration background. 11 Debated and approved by the Chamber of Local Authorities on 23 March 2011 and adopted by the Congress on 24 March 2011, 3rd sitting (see Document CPL(20)2, explanatory memorandum) Rapporteur: E. Maurer, Switzerland (L, SOC).
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Appendix 3
Comments by the Bureau of the CDLR on Congress Recommendation 304(2011)
Meeting the challenge of inter-faith and intercultural tensions at local level
1. The CDLR Bureau examined, at its meeting on 29 June 2011, Congress Recommendation 304 (2011) Meeting the challenge of inter-faith and intercultural tensions at local level. It noted that, notwithstanding the broader title, the Recommendation focuses almost exclusively on the impact of and responses to recent migration processes. For that reason also the CDLR limits itself to these aspects and more particularly to a consideration of the actions under point 5 of the Recommendation that the Congress recommends the Committee of Ministers call on member States to undertake.
2. The CDLR Bureau subscribes to the gist of paragraph 5a of the Recommendation, but recommends that the Committee of Ministers, should it decide to call on member States in this respect, emphasise that political rights included in the acquis of the Council of Europe are in essence individual rights and not the rights of (migrant) groups. It also recommends that the Committee of Minister use this occasion to call on members States which have not yet done so, to sign and ratify the Additional protocol to the European Charter of Local Self-Government (CETS 207) on the right to participate in the affairs of a local authority.
3. The CDLR Bureau supports Recommendation 5b on the Convention on the Participation of Foreigners in Public Life at Local Level (CETS 144). It also notes that ECRI regularly expresses the same position as does the report of the Group of Eminent Persons on “Living together: combining diversity and freedom in 21st-century”. However, it also notes that this convention, as are all Council of Europe conventions, is subject of a review of conventions currently being undertaken by the Secretary General. The Committee of Minister may therefore wish to await the outcome of this review before taking a final position.
4. As regards institutionalising local anti-discrimination offices in local authorities with a high level of immigration, the CDLR Bureau recalls that the Congress in its recent Recommendation 280 (2010) on The role of local and regional authorities in the implementation of human rights recommended the Committee of Ministers to:
“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 (…)”.
The provisional results of a survey conducted by the CDLR show the existence of a wide variety of institutional approaches across member States to providing remedies against discrimination. This result suggests there may not be a single specific but rather a range of options. Furthermore, both for reasons of efficiency and in the interest of providing effective remedies, it is suggested that the multiplication of remedies and procedures should be avoided.
The CDLR Bureau therefore recommends that this specific recommendation be examined as part of the broader issue of ensuring appropriate remedies against discrimination and human rights violations.
5. As regards Recommendation 5d the CDLR Bureau notes that umbrella organisations of migrants mainly operate at national level and the recommendation addresses issues which are not (usually) within the competence of the Ministries responsible for Local and Regional Government. It therefore refrains from any comment.
6. The Bureau of the CDLR subscribes to the general spirit of paragraph 5e of the Recommendation, whilst noting that member States have and are entitled to have different approaches to achieving the desired goals and that there is no obligation at the level of the Council of Europe to introduce quota’s in the recruitment of staff.
7. In conclusion and more generally the CDLR Bureau and the CDLR stand ready to assist the Committee of Ministers, should it so wish, to give follow-up to this Recommendation.
Appendix 4
Resolution CM/Res(2011)7
on Council of Europe conferences of specialised ministers
The Committee of Ministers,
Considering that the aim of the Council of Europe is to achieve greater unity among its members;
Considering that the efforts of the Council of Europe in pursuit of this aim can be facilitated by direct consultation within the framework of Council of Europe conferences of specialised ministers;
Considering the need to ensure that the work of conferences of specialised ministers be co-ordinated with that of the Council of Europe, particularly with regard to the choice of subjects dealt with and the convening and preparing of a conference;
Considering in particular that the proceedings and the texts agreed at such conferences can make a particularly useful contribution to the achievement of the objectives of the Council of Europe and of its Programme of Activities;
Recalling the ongoing reform of the Organisation aimed at focusing its activities on areas where it plays a leading role and at enhancing the Organisation's flexibility and responsiveness in the face of a rapidly changing world;
Considering, in this respect, that a Council of Europe conference of specialised ministers should meet in order to facilitate the action of the Council of Europe in accordance with its priorities, to provide high level input for intergovernmental activities in its particular field or to react to particularly serious events having repercussions for human rights, the rule of law or democracy;
Considering that there is no longer any need to draw a distinction between Council of Europe conferences of specialised ministers with which the Council of Europe has a special working relationship and other conferences,
Decides to repeal Resolutions Res(71)44 and Res(89)40 as well as the conclusions on Council of Europe Conferences of Specialised Ministers adopted by the Ministers’ Deputies at their 1055th meeting (22-23 April 2009),1 and to replace them with the present resolution;
Agrees on the principles set out in the appendix to the present resolution, intended as guidance for the organisation of Council of Europe conferences of specialised ministers.
Appendix to Resolution CM/Res(2011)7
1. When the government of a member state of the Council of Europe or the Secretary General considers that a high-level political meeting (hereinafter “Council of Europe conference of specialised ministers” or “the conference”) might significantly contribute to the achievement of the Organisation's strategic objectives or is necessary so as to react to important events having repercussions for human rights, the rule of law or democracy, they shall submit, at any time, a proposal for such a conference to the Committee of Ministers, stating the dates, location, budgetary implications for the Organisation,2 subject, objectives and expected results of the conference and the link with the Organisation's priorities.
2. The Committee of Ministers shall examine the proposal and decide on the holding of such a conference taking into account the Council of Europe’s priorities, programmes and budgetary resources.
3. The government of the member state hosting a conference of specialised ministers shall bear the costs of organising and holding the conference. When a Council of Europe conference of specialised ministers is convened upon the proposal of the Secretary General, the corresponding costs shall be met out of the budget of the Council of Europe. Each delegation shall bear the costs of its participation in the conference.
4. When a government hosts a conference, invitations to the conference shall be signed jointly by the host government and the Secretary General of the Council of Europe. When a Council of Europe conference of specialised ministers is convened in Strasbourg upon the proposal of the Secretary General, invitations shall be signed jointly by the Chairman of the Committee of Ministers and the Secretary General of the Council of Europe.
5. The Secretariat General is authorised to provide secretariat services for the conference.
6. Ministers of Council of Europe member states having responsibility for the matters to be discussed at the conference shall automatically be invited to participate in the conference. Council of Europe institutions having specific expertise in the matters to be discussed shall also be invited.
7. High representatives of the European Union having responsibility for the matters to be discussed at the conference shall be invited to participate in the conference.
8. Ministers of states enjoying observer status with the Council of Europe shall also be invited to participate in the conference as observers, as shall high representatives of international organisations already participating, by right or as observers, in activities in the field covered by the conference, unless the Committee of Ministers decides otherwise. Ministers of any other non-member state or high representatives of any other international intergovernmental or non-governmental organisation may be invited to participate in the conference as observers after having obtained the consent of the Committee of Ministers, which shall determine the conditions of such participation.
9. The preparation of the conference shall be entrusted to the relevant intergovernmental committee or committees set up under Article 17 of the Statute of the Council of Europe in the fields covered by the conference, the membership of which may be modified in the light of paragraphs 5 and 6 relating to participants, or to the Secretary General. The Committee of Ministers may decide to entrust the preparation of a conference to any other competent body.
10. The committees or, as the case may be, the Secretary General or any other body referred to in the previous paragraph shall ensure that each conference they are responsible for organising is consistent with the Programme and Budget of the Council of Europe and provide the Committee of Ministers with an analysis of the impact that the conference would have for the future Progamme and Budget of the Organisation. In due time, they shall present to the Committee of Ministers a progress report on the preparations for the conference, which shall also include information on the criteria set out in paragraph 1 and indicate the draft agenda of the conference.
11. The Committee of Ministers shall hold an exchange of views on this report and address any observations to the relevant committees, the Secretary General or any other body referred to in paragraph 7, as the case may be, who shall take them into account without prejudice to the conference's prerogatives.
12. The Secretary General shall submit to the Committee of Ministers as early as possible (normally four to six weeks before the conference) any draft document to be submitted to the conference for consideration. The Committee of Ministers shall hold an exchange of views on such documents and address its observations to the Secretary General, the relevant committees or any other body referred to in paragraph 7, who shall take them into account without prejudice to the conference's prerogatives.
13. The Secretary General shall present to the Committee of Ministers, in a timely manner, a report on the holding of the conference and the texts agreed by it. The Committee of Ministers shall decide on the follow-up actions, including those with budgetary implications, to be given by the Council of Europe to the texts agreed at the conference, which it shall forward, as appropriate, to all relevant bodies including intergovernmental committees, other international organisations and other Council of Europe bodies for information.
14. The above provisions shall apply mutatis mutandis to ministerial level meetings to be held under the partial agreements of the Council of Europe without prejudice to the prerogatives of such agreements.
2 To be provided by the Secretary General.