Ministers’ Deputies

CM Documents

CM(2012)OJ 21 May 20121



122nd Session of the Committee of Ministers

(Strasbourg, 23 May 2012)

I. Programme

II. Draft agenda

III. Annotated agenda



I. Programme

9.30 am Formal part

1. Adoption of the agenda

2. Securing the long-term effectiveness of the supervisory mechanism of the European Convention on Human Rights

3. Policy of the Council of Europe towards neighbouring regions

4. Council of Europe reform process

5. Overcoming obstacles to human rights protection in the areas affected by the conflict in Georgia

9.45 am Informal part "Policy of the Council of Europe towards neighbouring regions"

11.45 am Formal part (continued)

6. Other business

7. Handover of the Chairmanship from the United Kingdom to Albania

- Report by the Chairmanship of the United Kingdom

- Priorities of the Chairmanship of Albania

8. Date and place of the next session

12.00noon Ceremony for the presentation of a gift by Albania and inauguration of the Albanian heritage exhibition, followed by a concert and a reception

1.00 pm Informal working lunch in restricted session at ministerial level at the invitation of the outgoing Chairmanship (Theme: "Human rights protection in Europe: closing the gaps")

Parallel lunch for other participants at the invitation of the Deputy Secretary General

3.00 pm Press stand-up by the outgoing and incoming Chairmanships of the Committee of Ministers and the Secretary General

II. Draft agenda

1. Adoption of the agenda

2. Securing the long-term effectiveness of the supervisory mechanism of the European Convention on Human Rights

3. Policy of the Council of Europe towards neighbouring regions

4. Council of Europe reform process

5. Overcoming obstacles to human rights protection in the areas affected by the conflict in Georgia

6. Other business

7. Handover of the Chairmanship from the United Kingdom to Albania

    - Report by the United Kingdom Chairmanship

    - Priorities of the Albanian Chairmanship

8. Date and place of the next Session

*

* *

III. Annotated agenda

General comments

    With a view to efficiency, it is suggested that the decisions under items 2 to 4 and 8 be adopted without debate.

    It is recalled that member states may present their national positions in writing on the topics which are on the agenda. These position papers will be included in the records of the session. They will have to reach the Secretariat beforehand in one of the official languages, i.e. French or English.

    Where the informal part is concerned, speaking time will be limited to three minutes per person. Lights and buzzers in the room will indicate that the speaking time is at an end. It is recalled that Ministers will be given priority for speaking.

    During the working lunch, simultaneous interpretation will be provided in English and French only.

Item 1 of the agenda: Adoption of the agenda

1. Ministers are invited to examine the draft agenda of the 122nd Session with a view to its adoption and to the simultaneous adoption without debate of the decisions under items 2, 3, 4 and 8, as they appear below. Under this item, Ministers will also be invited to inform the Chair if they wish to raise any question under item 6, "Other business".

Item 2 of the agenda: Securing the long-term effectiveness of the supervisory mechanism

of the European Convention on Human Rights

2. It is recalled that, at its 121st Session, in the context of the process begun in Interlaken relating to reform of the European Convention on Human Rights system, the Committee of Ministers instructed the Deputies to report at the present session on further measures to be taken and amendments to the Convention which might be required in order to secure the long-term effectiveness of the supervisory mechanism of the European Convention on Human Rights.

3. At the initiative of the United Kingdom Chairmanship, a High-Level Conference on the Future of the European Court of Human Rights was held in Brighton from 18 to 20 April 2012. The text of the Declaration adopted at the end of the Conference is in the session files (cf. document CM(2012)85).

Under this item, Ministers are invited to adopt without debate the following decisions:

The Committee of Ministers

1. took note of the measures taken to date to implement the Interlaken and Izmir Declarations and invited all the parties concerned to comply with the deadlines set by these documents which have not yet expired;

2. welcomed the measures taken by the Court to increase its effectiveness and to deal with the clearly inadmissible applications pending before it, and encouraged the Court to make full use of the potential of Protocol No. 14, while observing that, notwithstanding the encouraging nature of the initial results obtained under Protocol No. 14, this instrument alone did not offer a sustainable and complete solution to the difficulties encountered by the Convention system;

3. endorsed the declaration unanimously adopted on the occasion of the High-Level Conference on the Future of the European Court of Human Rights, which took place in Brighton on 19 and 20 April 2012, and paid homage to the United Kingdom authorities for this initiative;

4. expressed its determination to implement, as a priority, the Brighton Declaration and instructed its Deputies to manage this process;

5. asked its Deputies to follow up paragraphs 9f(i), 9g, 20j, 25b (where the procedures for the election of judges were concerned), 29b, 29c and 35b of the Brighton Declaration, if need be through their responsible Rapporteur Groups, and, where paragraphs 29b and 29c were concerned, in co-operation with the Steering Committee for Human Rights (CDDH);

6. instructed the CDDH to submit:

      a. by 15 April 2013:

        1. a draft protocol amending the European Convention on Human Rights on the questions dealt with in paragraphs 12b, 15a, 15c, 25d and 25f of the Brighton Declaration;

        2. a draft optional protocol to the European Convention on Human Rights relating to advisory opinions, following up paragraph 12d of the Brighton Declaration;

        3. its conclusions and possible proposals for action in response to paragraphs 12e and 20d of the Brighton Declaration;

      b. by 15 October 2013:

        1. a guide to good practice in respect of domestic remedies and a toolkit to inform public officials about the State’s obligations under the Convention, further to paragraph 9f (ii) and (iii) of the Brighton Declaration;

        2. its conclusions and possible proposals for action to follow up paragraphs 20c, 20e, 25b (where the re-examination of the functioning of the Advisory Panel of Experts on Candidates for Election as Judge to the Court was concerned) and 29d of the Brighton Declaration;

      c. by 15 March 2015:

        1. a report containing its opinions and possible proposals in response to paragraphs 35c to 35f of the Brighton Declaration;

7. invited member States to take the measures which the Brighton Declaration requires of them and to report to the Committee of Ministers by 15 March 2014;

8. invited the Secretary General to create a special account and to define its specific aim and methods in order to help the Court to deal with its backlog of cases;

9. invited the Court and the Secretary General to implement the part of the Brighton Declaration which concerns them directly and to co-operate when this is relevant and to inform the Committee of Ministers of the progress made in this respect by 15 October 2013;

10. instructed its Deputies to report to it at the next session on the measures taken.

Item 3 of the agenda: Policy of the Council of Europe towards neighbouring regions

4. At its 121st session in Istanbul on 11 May 2011, the Committee of Ministers took note of the proposals made by the Secretary General concerning a Council of Europe policy towards neighbouring regions. The Committee of Ministers also agreed to conduct an initial review of the policy at this Session. To facilitate the review, the Secretary General has prepared a report on the main advances in this area (document SG/Inf(2012)15).

Under this item, Ministers are invited to adopt without debate the following decisions:

“The Committee of Ministers

1. welcomed the measures taken since the 121st ministerial Session with a view to implementing the Council of Europe policy towards neighbouring regions and, in particular, the co-operation priorities agreed with Jordan, Morocco and Tunisia;

2. expressed its determination to continue developing the policy on the basis of the Council of Europe’s values and instructed the Deputies to take the necessary decisions to this end with a view to reporting back to them at the next Session.”

Item 4 of the agenda: Council of Europe reform process

5. At their previous Session, the Ministers agreed to review the progress of the Council of Europe reform process. The Secretary General has prepared a report on the main developments in this area (see document SG/Inf(2012)14).

Under this item, Ministers are invited to adopt the following decision without debate:

“The Committee of Ministers took note of the report by the Secretary General on the implementation of the reform process.”

Item 5 of the agenda: Overcoming obstacles to human rights protection

in the areas affected by the conflict in Georgia

6. The question of human rights protection in the areas affected by the conflict in Georgia continues to be discussed regularly by the Committee of Ministers. At their 1142nd meeting (9 May 2012), the Deputies took note of the fifth consolidated report by the Secretary General on the conflict in Georgia, which is set out in document SG/Inf(2012)5.

Item 6 of the agenda: Other business

7. Under this item, the Ministers may briefly raise general or specific issues, which should be notified to the Chairmanship beforehand.

Item 7 of the agenda: Handover of the Chairmanship from the United Kingdom to Albania

8. Under this item, the outgoing United Kingdom Chairmanship will officially hand over its powers to the incoming Albanian Chairmanship. The Minister for Foreign Affairs of the incoming Chairmanship will take the chair.

a. Report by the United Kingdom Chairmanship

9. A written report on the achievements of the outgoing Chairmanship (document CM/Inf(2012)15) will be available for participants.

b. Priorities of the Albanian Chairmanship

10. A written report on the priorities of the incoming Chairmanship (document CM/Inf(2012)16) for the next six months will be available for participants.

Item 8 of the agenda: Date and place of the next Session

11. Under this item, the Ministers are invited to take note that the 123rd Session of the Committee of Ministers will be held on 16 May 2013 in Strasbourg.

12. Furthermore, it is proposed that the handover from the Albanian to the Andorran Chairmanship will take place at a meeting to be held in Tirana (Albania) on 9 November 2012. The achievements of the Albanian Chairmanship will also be discussed at the meeting.

Under this item, Ministers are invited to adopt without debate the following decisions:

“The Committee of Ministers

1. took note that the 123rd Session will take place in Strasbourg on 16 May 2013;

2. agreed to hold the handover meeting between Albania and Andorra in Tirana on
9 November 2012.”


1 This document has been classified restricted at the date of issue. It will be declassified at the 122nd Session of the Committee of Ministers (23 May 2012).



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