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Strasbourg, 23 June 2009                                                                          CDLR-Bu(2009)10

Item 3 of the agenda

BUREAU OF THE

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

DECISIONS OF THE COMMITTEE OF MINISTERS

CONCERNING THE CDLR

Secretariat Memorandum

prepared by the

Directorate General of Democracy and Political Affairs

Directorate of Democratic Institutions


This document is public. It will not be distributed at the meeting. Please bring this copy.

Ce document est public. Il ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.


Introduction

The following table sets out the decisions concerning the CDLR taken by the Committee of Ministers since the last CDLR meeting of 22 – 24 April 2009. 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.

Date and meeting

CM decision in respect of CDLR

Reference document

Proposed action by CDLR

1052nd meeting, 25 March 2009

(item 12.1.b)

Congress of Local and Regional Authorities of the Council of Europe - 16th Plenary Session of the Congress (Strasbourg, 3-5 March 2009) – 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 2009 :

-       the Recommendation 259 (2009) – “Public water and sewer services for sustainable development”

-       the Recommendation 261 (2009) – “Intercultural cities”

-       the Recommendation 262 (2009) – “Equality and diversity in local authority employment and service provision”

-       the Recommendation 263 (2009) – “The digital divide and e-inclusion in the regions”

-       the Recommendation 265 (2009) – “Good governance: a key factor for the sustainable economic development of regions”

CM/Del/Dec(2009)1052

Appendix I

The Bureau is to examine the recommendations and to make possible  comments.  

1056th meeting, 6-8 and 11 May 2009

(item 6.1)

1st Council of Europe Conference of Ministers responsible for Social Cohesion (Moscow, 26-27 February 2009) – Report by the Secretary General

The Deputies

1. took note of the Final Declaration adopted by the 1st Council of Europe Conference of Ministers responsible for Social Cohesion (Moscow, 26-27 February 2009) (Appendix II to document CM(2009)57);

[…]

3. instructed the Secretariat to communicate the above-mentioned Final Declaration to the Parliamentary Assembly, the Congress of Local and Regional Authorities of the Council of Europe, the Human Rights Commissioner, the European Centre for Global Interdependence and Solidarity (North-South Centre), the Council of Europe Development Bank, the European Committee of Social Rights (ECSR), the Conference of INGOs, the Advisory Board of the Forum for the Future of Democracy and relevant steering committees, for information.

CM/Del/Dec(2009)1056

Appendix II

The Bureau is to take note.

1056th meeting, 6-8 and 11 May 2009

(item 6.2)

European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) –

Draft terms of reference of the Committee of Experts on the participation of people with disabilities in political and public life (CAHPAH-PPL)

The Deputies approved the terms of reference of the Committee of Experts on the participation of people with disabilities in political and public life (CAHPAH-PPL), as they appear at Appendix 5 to the present volume of Decisions.

CM/Del/Dec(2009)1056

Appendix III

The Bureau is to take note.

1058th meeting, 27 May 2009

(2.3.a-c)

European Committee on Local and Regional Democracy (CDLR)

a. Abridged report of the 43rd meeting (Strasbourg, 22-24 April 2009)

The Deputies took note of the abridged report of the 43rd meeting of the European Committee on Local and Regional Democracy (CDLR), as it appears in document CM(2009)75 rev, as a whole.

b. Draft Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority and its Explanatory Report

The Deputies

1. invited the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe to deliver an opinion on the draft Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority, if possible by 30 June 2009;

2. agreed to resume consideration of this item, in the light of the above-mentioned opinions, with a view to considering the adoption of the draft Additional Protocol and taking note of its Explanatory Report, at their 1063rd meeting (8 July 2009).

c. Draft Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs) and its Explanatory Report

The Deputies

1. invited the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe to deliver an opinion on draft Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs), if possible by 30 June 2009;

2. agreed to resume consideration of this item, in the light of the above-mentioned opinions, and with a view to considering the adoption of draft Protocol No. 3 and taking note of its Explanatory Report, at their 1063rd meeting (8 July 2009).

CM/Del/Dec(2009)1058

The Bureau is to take note.


APPENDIX I

Congress of Local and Regional Authorities of the Council of Europe

16th SESSION
Strasbourg, 3-5 March 2009

Public water and sewer services for sustainable development

Recommendation 259 (2009)[1]

1. Water is a finite, vulnerable resource which is vital to life, and guaranteeing the availability of sufficient quantities of good quality water is a major challenge for the future of human societies and the sustainable development of the planet.

2. The current threats to water resources are growing constantly.  They stem mainly from human activities, in particular urban growth and landscape development, increasing population levels and living standards and recurrent pollution.

3. The complexity and gravity of the questions relating to water and sewer services make them a challenge which needs to be tackled urgently.  While the international community has recognised this complexity, and the particular urgency of the issue in certain regions of the world, its attention is mainly focused on drinking water supplies.  However, water is used for various purposes: food, energy, ecology, agriculture and industry, so the effectiveness of its use and management will depend to a large extent on actions and policies in those other sectors.

4. A new and consistent approach is needed today to cope with the demand for water at local and regional levels and the requirements of the various sectors. These challenges must have top priority and demand a strong commitment by the international community, each tier of government and each individual.

5. In particular, it is necessary to improve water governance and modify behaviour.  Efforts to conserve water and reduce demand and leakage losses are not only relevant in regions with water shortages.  Determined public action in this area is a vital investment for the future.

6. The Congress of Local and Regional Authorities of the Council of Europe calls for a genuine culture of responsibility or a new water culture in which local and regional authorities’ role in water and sewer management is reasserted.  This role was recognised for the first time at the 4th World Water Forum in Mexico City in March 2006; the Congress hopes that it will be confirmed at the 5th World Water Forum in Istanbul in March 2009.

7. The Congress also points out that water is by its very nature a public good; it is neither a commodity nor an unlimited resource.  The example that Europe offers the world today is out of step with the major debates about the status of water and shows that involving responsible local and regional authorities in the provision of services is a vital benefit to their sustainability and to striking a balance between the interests of business, society and the authorities.

8. Fair, effective and sustainable management of water resources demands an integrated approach, co-ordinated action and the sharing of responsibilities by the various tiers of governance.  It also requires increased know-how, the exchange of information, in particular within river basins, and the identification of suitable and cost-effective solutions so as to make the management of water and sewer services more sustainable.

9. In addition, the challenges of climate change also have repercussions on water services and related costs.  This new situation calls for multi-partner management and a strengthened role for states as regulators, in particular with regard to fairness and sustainability in water distribution.


10. The implementation of the ‘3 E’ of sustainability -environmental, economic and ethical- as guiding principles of a response to the challenges could be useful.  Governments could also learn from the best practices in the various European countries which have adopted different methods of managing water services.

11. In this respect, the need for greater transparency and benchmarking call for the institutionalisation of consumer participation in monitoring the delivery of public water and sewer services.

12. The Congress believes that there is no one-size-fits-all solution and that the most promising comparison is not between private and public management, but between the measures taken by the two systems to minimise undesirable side effects.  The involvement of public authorities and civil society needs to be reinforced because of the long-term management issues regarding water and sewer services which are now mature and often require a new relationship to resource management.

13. Modernisation of management methods should focus more on the correct level of governance and the desired integration and distribution of tasks between the national tier and regional and local managers.  At regional level, the development of water-supply policy and alignment with water-resources policy could be very promising.  Implementation and feedback could be determined at local level, taking account of local circumstances and interests.  Alignment between the two levels is crucial, however.

14. In the light of the above, the Congress recommends that the Committee of Ministers of the Council of Europe:

a. ask the European Conference of Ministers responsible for Regional/Spatial Planning (CEMAT) to incorporate these recommendations on public water and sewer services in its future recommendations on essential services;

b. ask the European Committee on Local and Regional Democracy (CDLR), and its Committee of Experts on Finance and Public to take account in their work of the challenges relating to the renovation of water and sewer services and of the need to improve water governance;

c. ask the Council of Europe Development Bank to support projects fostering public water and sewer services through its lending and financing policy.

15. The Congress calls on the Committee of Ministers of the Council of Europe to ask member states:

a.  to recognise the vital role of local and regional public bodies in managing water and sewer services and not to confine the debate on water to the public/private issue;

b. to develop tools for comparing the performance of the services and their price so as to ensure objective debate and encourage adequate action;

c. to co-ordinate more closely water, energy, food and environment policies;

d. to take particular care to align the coordination of public water services and resource management policies;

e. to develop research so as to identify better economic, technical and management solutions;

f. to better inform the population of what is at stake concerning water issues to reinforce the public’s commitment to these complex questions;

g. to recognise the legitimacy of local and regional authorities as the appropriate tier of responsibility and co-operation and to encourage the non governmental organisations working to decentralise and improve services in less advanced countries to do so in partnership with local and regional authorities so as to boost their capacity for action;


16. The Congress recommends that the Committee of Ministers of the Council of Europe ask the European Commission:

a. to not include water services as services of general economic interest, given the health issues of water services and the fact that water resources constitute a common heritage;

b. to conduct comparative analyses of the various methods for organising and managing water and sewer services in several European countries, having regard to historic national factors and taking particular acount of the impact of climate change on water management and spatial water requirements;

c. to identify best practices in funding water services and the various experiences concerning the full cost price of water services so as to achieve a pricing system which takes account of all components of the price.  Consideration should be given to compensatory mechanisms to prevent exclusion.

17. The Congress calls on the Parliamentary Assembly of the Council of Europe to continue co-operating with the Congress on water issues and foster exchange of experiences on the implementation of public water and sewer services and particularly on the legal and legislative implications in the various countries in Europe.

*    *   *

16th SESSION
Strasbourg, 3-5 March 2009

Intercultural Cities

Recommendation 261 (2009)[2]

1. Intercultural cities are a necessary counterweight to worldwide movements towards economic and cultural integration, commonly known as globalisation. European cities have a fundamental interest in promoting cultural exchanges, multi-cultural identities, since these components form the bedrock of Europe's cultural diversity.

2. National governments and regional authorities have an interest to make cities fit for cultural diversity, by helping them to provide for the necessary space and instruments, to form and to promote intercultural exchanges and intercultural dialogue within the cities. At the same time political decision makers should make sure that identities can express themselves freely and fully develop at the local level, this should be the object of continual evaluation by the cities themselves.

3. Strong cultural identities need not detract from the strength of a national identity. On the contrary, the national identity has to be sufficiently open and flexible to incorporate and accommodate the specific characteristics of different cultural origins and backgrounds of their citizens that make up a pluralistic State.

4. In promoting cultural diversity, inclusion needs to be the priority in order to balance today's exclusion.  The cities themselves bear the main responsibility for preserving a sufficient degree of openness. They need to recognise the presence of difference cultural groups on their territory and the contribution that these groups make to the social coherence of the city, including those who are perceived as recent arrivals and temporary residents. Governments should help cities to face the challenge of developing inclusive identities. A sense of place is a vital element in identity formation.


5. In the light of the above, the Congress,

a. convinced of the necessity to further promote the Congress Recommendation 115 (2002) on the participation of foreign residents in local public life;

b. convinced that foreign residents who are lastingly and legally settled on the territory of a state should be granted rights, including political rights, in return for their acceptance of duties towards the host community;

c. observing that many towns across Europe have already taken initiatives at their own level to remedy this democratic deficit, especially by setting up consultative councils for foreigners;

d. bearing in mind the Council of Europe's White paper on Intercultural Dialogue (adopted at the May 2008 session of the Committee of Ministers);

e. convinced of the necessity to further foster community perception of diversity as a resource, rather than as a threat;

f. convinced of the need to encourage local authorities to facilitate cultural mixing and interaction;

g. convinced of the need to develop multicultural identities which are inclusive of all social, ethnic and cultural groups;

h. believing that one of the key assets of Intercultural cities are the diversity and cultural heritage of their populations;

6. Recommends that the Committee of Ministers:

a. encourage member States to recognise the contributions made by non nationals to the political stability and prosperity of cities, to the creativity, vitality and well-being of their citizens and their successful integration and to support the work that is done in the cities;

b. encourage member States to allow foreign residents to vote in local elections and to consider ratifying the Convention on the Participation of Foreigners in Public Life at Local Level;

c. recognise that strong inclusive intercultural cities, which have succeeded in encouraging citizens of diverse origins to identify with their city, demonstrate a capacity for innovation and are able to use the resources, skills and creativity of their populations to raise the attractiveness and bring new investments and job opportunities;

d. ensure that cities have sufficient means at their disposal for forging inclusive identities, which are at the same time sensitive to all the groups on their territories, and pay proper attention to the principles of intercultural and inter-religious dialogue, the protection of minorities and respect for their cultural rights, remaining aware of the dangers of ethnocentrism;

e. ensure that country-wide programmes for civil servants and employees in social services are put in place to train those who are in charge of migrants and people with migrant backgrounds, to avoid the pitfalls and dangers of exclusion and alienation;

f. ensure that civil servants in charge of intercultural conflict management and cultural mediators receive special training before taking up their duties  to get in-depth knowledge of the variety and complexity of the specific cultural identities that are present in the city in which they are working;


g. encourage public media to contribute to the development of multicultural identities by setting up national wide media partnerships and programmes for balanced diversity reporting;

h. recognise the importance of language for cultural identity and cultural diversity and urge those member States which have not done so to ratify the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages and to promote the use of regional languages by administrations at regional and local level;

i. recognise the importance of migrant associations, socio-economic  organisations, NGOs and other consultative bodies;

j. support the planning and implementation of neighbourhood rehabilitation projects and programmes offering access to housing facilities, community centres and other public spaces which encourage and enable  cultural mixing and interaction;

k. provide support for national, regional and local associations and bodies to set up programmes and campaigns to combat racism, discrimination and xenophobia;

l. encourage the introduction of intercultural curricula in schools for civic partnerships for citizenship and human rights education at all levels, national, regional and local;

m. support the setting up of local consultative bodies on integration issues, actively involving migrant representatives as well as intercultural and interfaith councils, in order to closely associate them in the decision-making process.

*  *  *

16th SESSION
Strasbourg, 3-5 March 2009

Equality and diversity in local authority employment and service provision

Recommendation 262 (2009)[3]

1. Migratory flows have the potential to foster the diversity and vitality of Europe’s cities as the Congress of Local and Regional Authorities noted in its Resolution 181 (2004) on a pact for the integration and participation of people of immigrant origin in Europe’s towns, cities and regions: in order to use this diversity as a resource and to promote integration the resolution called for the opening up of public services in an intercultural manner.

2. It is widely acknowledged that the promotion of non-discrimination and of equal opportunities in jobs and services, and the management of diversity can play a crucial role for migrants in the integration process.

3. Since integration primarily takes place at the local level, local authorities are therefore key actors in this process, all the more so as they are often one of the largest employers in their region and are also major service providers.

4. The CLIP (Cities for Local Integration Policy) Network, of which the Congress is a co-founder, therefore decided to turn its attention to the identification of successful approaches to the employment of migrants and provision of services to them by local authorities.


5. Evidence from case studies undertaken within the framework of CLIP strongly suggests that, in order for local authorities to carry out their equality and diversity objectives effectively and thoroughly, an enabling national legislative and policy framework is required.

6. By fostering the integration of migrants within municipal employment and ensuring their access to services, the Congress believes that member states can make a significant contribution to the integration process and therefore asks the Committee of Ministers:

i.          to ask the governments and regional authorities of the member states to urge the European Commission to consider reviewing the rationale, necessity and impact of legal restrictions in member states on access of non European Economic Area nationals to municipal jobs with a view to increasing their eligibility and therefore employment options;

ii.       to ask the member states of the Council of Europe to:

-           take steps to implement ECRI’s 2002 General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination by ensuring that public authorities are placed under a legal requirement to promote equality and to prevent discrimination in carrying out their functions;

-           recognise the importance of municipal employment and services for migrants in their national integration plans, encourage local authorities to become role models for a proactive and comprehensive equality policy for migrant workers within their own administration, and consider providing funding for an exchange of experience between their local authorities on these issues;

-           review their current arrangements for recognition of qualifications to ensure that these do not present an unnecessary obstacle to the full integration of migrants within the labour market and within municipal employment in particular;

-           ensure that migrants have access to information, in different pertinent languages, about their employment rights, job opportunities within local public administration and the services provided by local authorities to which they are entitled as well as more general information on local cultural practices and rules;

7. The Congress recommends that both the Council of Europe and the European Commission:

a. ensure access for local authorities to authoritative guidance on concepts, terminology, legal obligations and good practice in the fields of equality and diversity management;

b. review the need for national legislative remedies to address religious discrimination of which there is currently less awareness than with regard to racial discrimination.

*   *   *

16th SESSION
Strasbourg, 3-5 March 2009

The digital divide and e-inclusion in the regions

Recommendation 263 (2009)[4]

1. The information and communication technologies (ICTs) can be factors for economic, social and human development; they can also help to make public authorities and the services they provide more open, transparent and efficient.

2. If they are to have a positive impact, ICTs must be available to each and every citizen and their development must not be left entirely in the hands of the private sector, as this would entail a risk of certain socially interesting but unprofitable sectors being neglected.


3. Today, despite the efforts and initiatives of, among others, the European Commission and certain states, the rapid growth of ICTs is gradually increasing the socio-economic inequality between citizens and between countries and creating a “digital divide”, or e-exclusion, which is set to worsen unless co-ordinated action is taken.

4. There are also regional disparities within countries in terms of urban or rural communities – 52% of urban Europeans were regular internet users in 2006 as compared with 30% of rural Europeans. In Europe’s rural regions, nearly 3 people out of every 10 do not have access to a high-speed connection.

5. Considering the importance of internet access in job-seeking and the impact it can have on business location, fair internet access should be a priority in public policy and a right, in the same way as connection to the water and electricity networks and access to the road network.

6. However, access alone does not mean use: efforts targeted at awareness-raising and continuing education can lead to a significant reduction in disparities.

7. The Congress is convinced that the public authorities have a major responsibility for creating conditions allowing the information society to develop along the lines of e-inclusion of citizens, while contributing to balanced regional development allowing Europe’s most disadvantaged regions to enjoy a fuller social, cultural and economic life.

8. The public authorities have in particular a key role to play in regulation. The market alone cannot be allowed to dictate who will be entitled to broadband, who will be entitled or not to internet access or to determine the acceptable degree of e-accessibility of websites. Rather than being simply promoters of infrastructure projects, local and regional authorities have a role to play as planners, suppliers and decision-makers serving the general interest.

9. In the light of the foregoing, the Congress asks the Committee of Ministers of the Council of Europe to call on the relevant structure that will carry on the work of the Ad Hoc Committee on E-Democracy (CAHDE) to include the issue of the digital divide in its discussions.

10. The Congress recommends that the Committee of Ministers of the Council of Europe call on member states to:

a. frame coherent and effective e-inclusion policies and legislation at national and European level, tying in with existing or yet to be established Digital Local/Regional Agendas;

b. ensure a balanced deployment of telecommunications infrastructure – ie the “right speed” for everyone – while seeing to it, in particular by means of regulations, that market forces are counterbalanced by the public interest;

c. ensure the provision of affordable or free public internet access by maintaining free public access points in the countries that have them or, in the case of countries lacking this type of arrangement or the resources to implement such a policy, relying on agreements with private operators;

d. envisage targeted tax measures, in partnership with business, with the aim of helping low-income households to acquire computer equipment by making part of the cost deductible from taxable income;

e. standardise digital training provision in Europe in order to facilitate the upgrading of posts and redeployment, so as to ensure that this training provision evolves, like the ICTs themselves, and is qualification-oriented, and, for this purpose, propose guidelines and recognition at European level of training given at public internet access points;

f. provide good on-line public services in order to develop high-quality use that can contribute to stronger social inclusion:

i.          by enhancing the quality of services in terms of accessibility, user-friendliness and affordability in line with the recommendations of the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C);


ii.         by strengthening the legal framework in order to encourage the development and promotion of accessibility standards, in line with the European Union’s Riga Declaration, under which all websites are to be brought into line with common standards and web accessibility practices by 2010;

iii.         by making digital accessibility an eligibility criterion for replying to public invitations to tender concerning the development of digital services or software;

iv.        by harmonising national accessibility guidelines in order to clarify the notion of accessibility, which is still not well understood, make it easier to train those involved and make it possible to take account of accessibility rules in web page design tools;

g. help non-users and those deprived of access to overcome any psychological barriers by targeting specifically non-internet-users and circulating information via the media most likely to reach the target groups (housewives, job-seekers, older people, immigrants etc);

h. facilitate the provision of IT equipment and content to schools through the development of access points to the Internet and the creation of digital working environments to make them the ideal places for reducing the social and digital divide and transmitting knowledge beyond the school (knowledge shared with parents, for example);

i. show digital solidarity with the developing countries by setting up cooperation projects (learning, development of local content, provision of equipment for schools, etc);

j. encourage the development of the new generation of platforms and services often described as Web 2.0 for its economical prospects (business start-ups) and for its potential role in reducing the digital divide, since the new forms of use and self-produced digital content of Web 2.0, which are not available on the “traditional” media (photo sharing etc) mean a greater incentive to use Internet.

*  *   *

16th SESSION
Strasbourg, 3-5 March 2009

Good governance: a key factor for the sustainable economic development of regions

Recommendation 265 (2009)[5]

1. Globalisation, world-wide economic transformations and the complexity of their effects felt locally have led to a growing interdependence between States and regions and a more flexible organisation of traditional political boundaries.

2. In parallel, the impacts of economic growth on the planet’s resources and on the ecosystem in general are major challenges which can be taken up by regions to ensure the necessary balance between economic, social, cultural and ecological spheres.

3. These are accompanied by a decline in trust as citizens lose faith in political institutions and in their elected representatives’ capacity to guarantee economic, social and environmental stability. Public authorities need to renew their governance practices in order to renew and strengthen citizens’ confidence.

4. The Congress of Local and Regional Authorities of the Council of Europe believes that regions have a duty to anticipate and accompany the economic transformations through good regional governance. Transparency of decision-making, efficient management, citizens’ empowerment and the rule of law are indispensable in order to reinforce citizens’ links with their locality and support innovation and sustainable economic development.

5. Within this context, regions need to elaborate a common strategy which guarantees competitivity and social growth within a willingness to develop strong partnerships. It is through the involvement of public players and civil society that a shared regional vision can emerge. It is also by involving citizens in long-term policy-making that a climate of confidence can be created and decision-making processes improved.

6. Sound governance practices and a spirit of cooperation should thus enable each region to best build on its assets and find its own unique solutions in order to strengthen its attractiveness. The quality of infrastructures and human resources are key factors in a region’s economic success and dynamism.

7. Good regional governance also means having a vision which goes beyond administrative and geographic boundaries. Regional authorities should show real leadership, facilitate the creation of clusters, sector-based groupings, and favour synergies and trans-frontier cooperation. These forms of cooperation are not only important drivers of innovation and entrepreneurship but they can also contribute to finding a response to cultural and economic tensions between regions.

8. Subsidiarity involves assessing the right level for policy implementation and ensuring that this is accompanied by a real transfer of powers to the most appropriate level. Today, many policies which are determined at national level affect regional development. However, they are often elaborated without giving regions sufficient autonomy to respond locally to the global stakes.

9. Similarly, regional authorities must have adequate financial and fiscal competences to implement their responsibilities, either through direct taxation or through a constitutional guarantee of income in conformity with the European Charter of Local Self-Government.

10. With this in mind, the Congress applauds the adoption of the European Charter of Regional Democracy by the Congress in May 2008. This instrument offers Europe’s regions, for the first time, a common reference framework and a set of guidelines to accompany States through regional evolution in Europe.  

11. It welcomes the Parliamentary Assembly support for the European Charter of Regional Democracy and in particular Recommendation 1811 (2007) on Regionalisation in Europe which emphasises the importance of regional self-government as an effective unifying means for greater political stability.

12. In the same context, the Congress supports the Helsinki Declaration on Regional Self-Government and the Strategy on Innovation and Good Governance at Local Level adopted by the European Ministers responsible for local and regional government, which offer tools to reinforce participatory democracy at local level.

13. In the light of the above, the Congress recommends that the Committee of Ministers of the Council of Europe:

a. adopt the European Charter of Regional Democracy prepared by the Congress;

b. take into account the Congress recommendations on good regional governance in the preparatory work and the elaboration of recommendations for the next Session of the Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) in 2010;

c. invite the Stakeholders' Platform on the Strategy for Innovation and Good Governance at Local Level of the Council of Europe to apply this Strategy to the regional level.

14. The Congress invites the Committee of Ministers of the Council of Europe to ask member States to:

a. adopt national legislation to facilitate regionalisation and the implementation of the principle of subsidiarity which:

i.              provide regional authorities with the necessary administrative and regulatory competences to fully implement regional development strategies and the creation of appropriate infrastructures;

ii.             guarantee regions’ fiscal and budgetary competences as well as their capacity to allocate them;

b. cooperate with all levels of governance to promote sustainable economic development and therefore:

i.              assess the right level for economic policy implementation and avoid disjointed decision-making processes and the overlapping of administrative bodies;


ii.             promote harmonisation of economic information and services provided by European, national and regional public authorities and avoid the multiplication or even the fragmentation of economic service provision.

15. The Congress also recommends the Committee of Ministers of the Council of Europe and the European Union use the Memorandum of Understanding between those two bodies to examine ways to:

a. support good governance practices at regional level for better territorial cohesion;

b. make better use of territorial diversity to promote a sustainable economic development of regions which builds on regional cultural identities as recommended in the Territorial Agenda of the European Union.


APPENDIX II

Final declaration
of
the Ministers responsible for Social Cohesion of Council in Europe member States
(Moscow, 26 and 27 February 2009)

We, the Ministers responsible for Social Cohesion of Council in Europe member States, meeting in Moscow, on 26 and 27 February 2009,

Emphasising that social cohesion, the capacity of a society to ensure the welfare of all its members by minimising disparities and avoiding polarisation, is more relevant than ever and requires a renewed political commitment;

Convinced that a rights-based approach to social cohesion calls for social and economic policy measures that provide effective access to their rights for everyone, especially for anyone who lives in, or is at risk of, poverty and social exclusion;

Recognising that, while building and maintaining social cohesion is first and foremost the duty of individual member States, mutual co-operation - particularly through the exchange of knowledge and experience and through dialogue on issues that transcend national borders - greatly assists progress towards social cohesion;

Building on the valuable contribution of the Council of Europe in this field, particularly through the transformation of the social cohesion concept into a series of policy goals and actions; 

Expressing our support for Council of Europe legal instruments for social rights, in particular the European Social Charter and revised European Social Charter, the European Code of Social Security and its Protocol, the European Convention on Social Security as well as for the Disability Action Plan;

Aware of the fact that responsibility for social cohesion is shared by all and requires active and integrated policies involving different levels of government, the private sector and civil society in a transversal approach;

Suggesting that governments should react to current challenges and opportunities - particularly globalisation, the democratic functioning of institutions, political, socioeconomic, demographic and health-related changes, migration and cultural diversity - and strengthen citizens’ confidence in the future by taking relevant measures, particularly developing new approaches taking into account the Revised Social Cohesion Strategy and the High-Level Task Force report;

Underlining the important role of the European Committee for Social Cohesion (CDCS), particularly in its steering, coordinating and evaluating functions and its role of facilitating co-operation among member States.

WELCOME the report of the High-Level Task Force, particularly the four priorities that it suggests, and on this basis

REQUEST the Committee of Ministers of the Council of Europe:

·         to recognise that social cohesion supports the core objectives of the Council of Europe on human rights, democracy and the rule of law;


·         to review the Revised Social Cohesion Strategy in the light of the High-Level Task Force report, taking into account the challenges resulting from the global economic crisis;

·         on the basis of this review, to draw up a Council of Europe Action Plan in the field of social cohesion, building on existing activities and taking financial resources into account;

·         to entrust this work to the European Committee of Social Cohesion, in co-operation with other relevant Council of Europe bodies, and with a view to reporting to the Committee of Ministers regularly;

·         to intensify cooperation with the European Union, relevant United Nations bodies and other international institutions working in this field, in order to optimise efforts and create synergies;

 

COMMIT OURSELVES

Taking into account the transversal approach to social cohesion which is advocated in the High- Level Task Force report, to develop an integrated social cohesion policy in conformity with our national conditions;

With particular regard to the discussions held during the Conference:

- Promoting social rights: to acknowledge that social security and social protection are pillars of social cohesion;  to promote the ratification of relevant Council of Europe instruments, including the European Social Charter and Revised European Social Charter, as well as the European Code of Social Security and its Protocol and the European Convention on Social Security;

- Sharing responsibilities and strengthening mechanisms of representation and social and civic dialogue: to encourage public authorities at  all levels (central, regional and local government) to develop co-operation with civil society and, through constructive dialogue, to promote shared responsibility for social cohesion and effective cooperation in working towards achieving it;

- Building confidence in a secure future for all: to provide good governance and develop innovative policies which encourage individuals to trust democratic institutions; to alleviate the consequences of the current economic crisis by providing adequate social protection in conformity with both Council of Europe standards and active labour market policies; to facilitate social mobility, providing opportunity for all, and to encourage individuals, families and local stakeholders to develop their own life projects, with a specific focus on work as the best route out of poverty and on the reconciliation of private and working life;

SUGGEST that the next session of the Conference of Ministers take place in 2012;

Welcome the offer from Turkey to host the next Council of Europe Conference of Ministers responsible for Social Cohesion in 2012;

INVITE the Secretary General to forward the declaration adopted by the Conference to the relevant bodies of the Council of Europe and other international institutions.


APPENDIX III

Terms of reference of the Committee of Experts on participation of people
with disabilities in political and public life (CAHPAH-PPL)

1.

Name of Committee:

Committee of Experts on participation of people with disabilities in political and public life (CAHPAH-PPL)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

Committee of Ministers, upon suggestion of the European
Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH)

4.

Terms of reference:

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Declaration and the Action Plan adopted at the Warsaw Summit (CM(2005)80 final, 17 May 2005) and more particularly Chapter III – “Building a more humane and inclusive Europe”;

-

decisions taken at the 1042nd meeting of the Ministers’ Deputies, 25 November 2008, item 1.8 (CM/Del/Dec(2008)1042/1.8 of 28 November 2008);

-

the European Convention for the Protection of Human Rights and Fundamental Freedoms (Protocol No. 1, Article 3 – Right to free elections) (ETS No. 9);

-

Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life;

-

Recommendation Rec(2006)5 of the Committee of Ministers to member states on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015;

-

the Ministerial Declaration of the 2nd European Conference of Ministers responsible for integration policies for people with disabilities held in Malaga on 7 and 8 May 2003, as taken note of by the Committee of Ministers;

-

the St. Petersburg Declaration, adopted at the European Conference “Improving the quality of life of people with disabilities in Europe: participation for all, innovation, effectiveness”, St. Petersburg, Russian Federation, 21-22 September 2006;

-

the Code of Good Practice in Electoral Matters, Guidelines and Explanatory Report, adopted by the European Commission for Democracy through Law (Venice Commission) at its 51st and 52nd sessions (CDL-AD(2002)23);

-

the Code of Good Practice in Referendums, adopted by the European Commission for Democracy through Law (Venice Commission) at its 70th plenary session (CDL-AD(2007)008);

-

Recommendation 1592 (2003) of the Parliamentary Assembly “Towards full social inclusion of people with disabilities”;

-

Resolution 1459 (2005) and Recommendation 1714 (2005) of the Parliamentary Assembly on “Abolition of restrictions on the right to vote”;

-

Resolution 1642 (2009) and Recommendation 1854 (2009) of the Parliamentary Assembly on “Access to rights for people with disabilities and their full and active participation in society”;

-

the Revised European Charter on the Participation of Young People in Local and Regional Life (adopted by the Congress of Local and Regional Authorities of the Council of Europe on 21 May 2003);

-

the United Nations Convention on the Rights of Persons with Disabilities, and in particular, its Article 29 on participation in political and public life;

 

Under the authority of the European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) and in relation to the implementation of the Programme IV.1.3 “Promoting Social Cohesion in Europe” – Project 2007/DG3/1218 “Improving the quality of life of people with disabilities in Europe” and its possible follow-up or successor project of the Programme of Activities,

the Committee is instructed to:

i.

draw up, disseminate and analyse a questionnaire on the participation of people with disabilities in political and public life;

ii.

draw up a report on the basis of the replies to this questionnaire, taking stock of consultative and participatory mechanisms aimed at enhancing their participation, with examples of good practice and innovative experiences in member states;

iii.

based on the findings of the stocktaking report drafted under item ii., to elaborate recommendations for member states enabling them to reach the objectives set out in the Council of Europe Disability Action Plan 2006-2015, as follows:

“1. to actively promote an environment where people with disabilities can participate on an equal footing in political parties and civil society;

2. to increase the participation of people with disabilities in political and public life at all levels, local, regional, national and international, in order to fully represent the diverse nature of society;

3. to work to encourage the participation of women and young people with disabilities, as well as those in need of a high level of support, in the political arena at all levels;

4. to ensure that people with disabilities and their representative organisations are consulted and have a role to play in determining policies for people with disabilities.”

5.

Composition of the Committee:

5.A

Members

 

Governments of member states are entitled to appoint representatives of the relevant bodies responsible for policies with regard to people with disabilities, and with the following qualifications:

experts in the field of disability policy and legislation, or in issues relating to governance, elections, and participation of people with disabilities in political and public life.

 

The Council of Europe budget will bear the travel and subsistence expenses for 12 experts from member states, which will be determined by CAHPAH.

5.B

Participants

i.

The following committees may each send representatives to meetings of the Committee, without the right to vote and at the charge of the corresponding Council of Europe sub-heads:

- European Committee for Social Cohesion (CDCS);
- Steering Committee for Human Rights (CDDH);
- Steering Committee for Equality between Women and Men (CDEG);
- European Steering Committee for Youth (CDEJ);
- European Committee on Local and Regional Democracy (CDLR);
- Steering Committee on the Media and New Communication Services (CDMC);
- European Commission for Democracy through Law (Venice Commission).

The Committee may invite representatives of other committees and bodies of the Council of Europe to specific meetings depending on the agenda of the respective meeting, without the right to vote and at the charge of the corresponding heads of the Council of Europe budget.

ii.

The Parliamentary Assembly may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget.

iii.

The Congress of Local and Regional Authorities of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget.

iv.

The Council of Europe Commissioner for Human Rights may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget.

v.

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the charge of the sending body.

5.C

Other participants

i.

The European Commission and the European Union Agency for Fundamental Rights (FRA) may send representatives to the meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

States with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send representatives to the meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The following intergovernmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Nordic Co-operation on Disability (NSH) under the Nordic Council of Ministers;
- Office of the United Nations High Commissioner for Human Rights (UN/OHCHR);
- Organisation for Security and Co-operation in Europe (OSCE)/Office for Democratic Institutions and Human Rights (ODIHR).

5.D

Observers

 

The following non-governmental organisations may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

- European Blind Union (EBU);
- European Disability Forum (EDF);
- European Union of the Deaf (EUD);
- International Foundation for Electoral Systems (IFES);
- Inclusion Europe.

6.

Working methods and structures:

 

With a view to reaching its objectives and within the limits of its budgetary appropriations, the Committee may arrange consultations, if necessary, by means of hearings or by any other means.

In carrying out its terms of reference, the Committee must ensure that people with disabilities or their representatives or other stakeholders are appropriately involved in the work, e.g. through written consultation procedures or by attending hearings.

The Committee may appoint rapporteurs from within its midst.

Where necessary, in order to expedite the progress of its work, the Committee may entrust a limited number of its members with a specific task.

7.

Duration:

 

The terms of reference will expire on 31 December 2011.



[1] Discussion and adoption by the Congress on 3 March 2009, 1st  sitting (see document CG(16)6REP, explanatory memorandum,rapporteurs: V. Gorodetskiy (Russian Federation, L, SOC) and P. Jansen (Netherlands, R, EPP/CD).

[2] Discussion and approbation by the Chamber of Local Authorities on 4 March 2009 and adoption by the Congress on 5 March, 3rd sitting (see document CPL(16)1REP, explanatory memorandum, rapporteur: J. Nillson (Sweden, L, SOC)).

[3] Debated and approved by the Chamber of Local Authorities on 4 March 2009 and adopted by the Congress on 5 March 2009, 3rd sitting (see document CPL(16)2REP, explanatory memorandum, rapporteur : E. Maurer (Switzerland, L, SOC)).

[4] Discussed and approved by the Chamber of Regions on 4 March 2009 and adopted by the Congress on 5 March 2009, 3rd sitting (see document CPR(16)1REP, explanatory memorandum, rapporteur : J.-M. Bourjac (France, R, SOC)).

[5] Discussion and approval by the Chamber of Regions of the Congress on 4 March 2009 and adoption by the Congress on 5 March 2009, 3rd sitting (see document CPR(16)3REP, explanatory memorandum, rapporteur : U. Aldegren, Sweden (R, SOC)).