Ministers’ Deputies
Decisions

CM/Del/Dec(2006)963 5 May 2006
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963rd meeting, 3 May 2006

Decisions adopted

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CONTENTS

Page

List of those present 6

1. General questions

1.1 Adoption of the agenda 9

1.2 Preparation of forthcoming meetings +

1.3 Communication from the Secretary General and the Deputy Secretary General 9

1.4 Report of the Bureau +

1.5 Committee of Ministers – Preparation of the 116th Session (Strasbourg, 18-19 May 2006) 9

1.6 Conferences of Specialised Ministers – State of preparation 10

2. Political questions

2.1 Current political questions +
- Statement by the Representative of Bosnia and Herzegovina

2.2 Situation in Cyprus+

2.3 Human rights violations in the Chechen Republic: the Committee of Ministers’
responsibility vis-à-vis the Assembly’s concerns – Parliamentary Assembly
Recommendation 1733 (2006) (cf. item1.1)

2.4 Need for international condemnation of the Franco regime –
Parliamentary Assembly Recommendation 1736 (2006) 11

3. Parliamentary Assembly

3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

      a. Written Question No. 489 by Mr Rafael Huseynov: “New plans of occupation by belligerent
      Armenia posing serious threats to stability and development in the South Caucasus” +2

4. Human rights

4.1 Steering Committee for Human Rights (CDDH)
a. Abridged report of the 62nd meeting (Strasbourg, 4-7 April 2006) 11
b. Activity report – Reform of the European Convention on Human Rights – Declaration of the Committee of Ministers “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels” 12
c. Reform of the European Convention on Human Rights – The implementation of the decisions adopted by the Committee of Ministers at its 114th Session (12 May 2004) – Draft Declaration of
the Committee of Ministers on “Sustained action to ensure the effectiveness of the implementation
of the European Convention on Human Rights at national and European levels” 13

4.2 European Social Charter – New system for the submission of reports in application of the
European Social Charter – Proposal of the Governmental Committee 13

Page

4.3 Enforced disappearances – Parliamentary Assembly Recommendation 1719 (2005) (cf. item1.1)

4.4 Framework Convention for the Protection of National Minorities
a. Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of Latvia 14

b. Appointment of nine ordinary members to fill vacant seats on the Advisory Committee as from
1 June 2006 15

4.5 European Social Charter –
Collective complaint No. 27/2004 by the European Roma Rights Centre (ERRC) against Italy 15

4.6 Council of Europe Commissioner for Human Rights – Exchange of views +

H46-1 Ilaşcu and others against Moldova and Russia –
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the
European Convention on Human Rights as amended by Protocol No. 11 16

7. Education and culture

7.1 Education for leisure activities – Parliamentary Assembly Recommendation 1717 (2005) 16

10. Legal questions

10.1 European Commission for Democracy through Law (Venice Commission)
a. Hearing with the Vice-President +
b. Annual report of activities for 2005 16
c. Request from the Government of Korea for membership of the Enlarged Agreement
establishing the European Commission for Democracy through Law 17

11. Administration and logistics

11.1 Human Resources Policy: Equal opportunities –
Draft Resolution Res(2006)… revising Articles 3 and 13 of the Staff Regulations 17

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 Spring Session of the Congress of Local and Regional Authorities of the Council of Europe
(Strasbourg, 16-17 March 2006)
a. Communication by the Chief Executive of the Congress 17
b. Adopted texts 18

12.2 Proposal to set up a centre of the Council of Europe for inter-regional and cross-border
co-operation – Report by the Chair of the GT-TRANSREG 19

APPENDICES

APPENDIX 1 963rd meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 3 (10 a.m.) May 2006)
Agenda 20

Page

APPENDIX 2 Reply to Parliamentary Assembly Recommendation 1736 (2006)
(Item 2.4) on the need for international condemnation of the Franco regime 24

APPENDIX 3 Draft Declaration of the Committee of Ministers
(Item 4.1c) on sustained action to ensure the effectiveness
of the implementation of the European Convention on Human Rights
at national and European levels 25

APPENDIX 4 Resolution ResCMN(2006)4
(Item 4.4a) Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the
Advisory Committee in respect of Latvia 28

APPENDIX 5 Resolution ResChS(2006)4
(Item 4.5) Collective complaint No. 27/2004
by the European Roma Rights Centre against Italy 29

APPENDIX 6 Reply to Parliamentary Assembly Recommendation 1717 (2005)
(Item 7.1) on education for leisure activities 33

APPENDIX 7 Resolution Res(2006)4
(Item 11.1) revising Articles 3 and 13 of the Staff Regulations 34

The 963rd meeting of the Ministers’ Deputies opened on 3 May 2006 at 10.00 a.m. under the chairmanship of Mr G. Magheru, Deputy for the Minister for Foreign Affairs of Romania.

PRESENT

ALBANIA
Mr S. Çaushi
Mr F. Peni
Ms I Varfi

ANDORRA
Ms G. Cano

ARMENIA
Mr C. Ter Stepanian
Mr L. Amirdjanian
Ms K. Soudjian
Ms O. Davtian

AUSTRIA
Mr W. Ettmayer

AZERBAIJAN
Mr A. Mehdiyev
Mr V. Ahmadov
Mr S. Sharifov

BELGIUM
Mr C. Ghislain
Mr M. Peetermans

BOSNIA AND HERZEGOVINA
Ms M. Sidran-Kamisalic
Ms L. Ljubic

BULGARIA
Mrs L. Draganova
Ms E. Tomova
Mr K. Bojanov

CROATIA
Mr D. Bučan
Ms J. Derviš
Mr D. Sabljak

CYPRUS
Ms H. Mina
Mr G. Ioannides

CZECH REPUBLIC
Ms V. Štěpová

DENMARK
Mr J. D. Thomsen

ESTONIA
Mr A. Streimann
Ms E. Loman
Mr E. Harremoes

FINLAND
Ms A.M. Nyroos
Mr E. Lundberg
Ms A.E. Viljanen

FRANCE
Mr B. Gain
Mr F. Rogge
Mr S. Muller

GEORGIA
Ms N. Avaliani
Mr P. Matchavariani

GERMANY
Mr R. Wegener
Ms E. Müller

GREECE
Mr C. Yerocostopoulos
Mr N. Tsamados
Ms D. Koukoulopoulou

HUNGARY
Mr Z. Taubner
Mr P. Gőndőr
Ms E. Petőházi

ICELAND
Mr H. Bjarnason
Ms E. Önnudottir

IRELAND
Mr J. Sharkey
Ms C. Sharkey
Mr P. Memery

ITALY
Mr P. Lonardo
Mr R. Cianfarani
Mrs V. Biagiotti

LATVIA
Mr P. Elferts
Mrs I. Freimane-Deksne

LIECHTENSTEIN
Mr D. Ospelt

LITHUANIA
Mr N. Germanas
Mr J. Rakitskis
Ms B. Petrauskienė

LUXEMBOURG
Ms E. Pieter

MALTA
Mr J. Licari
Mr C. Depasquale

MOLDOVA
Mr A. Tulbure
Mrs M. Balitchi

MONACO
Mr J. Boisson
Mr R. Mortier

NETHERLANDS
Mr J. van der Velden
Mr G. C. de Boer

NORWAY
Mr T. Frøysnes
Ms R. Fidjestøl

POLAND
Mr P. Świtalski
Mr K. Piorkowski

PORTUGAL
Mr J. Duarte

ROMANIA
Mr G. Magheru, Chairman
Ms C. Jelescu
Mr R. Rotundu
Mr A. Pacuretu
Ms M. Manailescu

RUSSIAN FEDERATION
Mr A.K. Orlov, Vice-Chairman
Ms T. Sulitskaya
Mr M. Nefedov
Mr A. Tarasov
Ms M. Molodtsova
Mr V. Egorov
Mr S. Veselovskiy

SAN MARINO
Mr D. Beleffi

SERBIA AND MONTENEGRO
Mr Z. Jankovic
Ms D. Divjak Tomic
Mr I. Vucinic
Ms I. Banovcanin Heuberger

SLOVAK REPUBLIC
Ms A. Lamperová
Ms E. Kimlikova
Ms M. Slováková

SLOVENIA
Mrs M. Bole
Mr A. Biber
Mr J. Brenčič

SPAIN
Mr E. de Grandes Pascual
Mrs L. Meléndez

SWEDEN
Mr P. Sjögren

SWITZERLAND
Mr J.C. Joseph
Mr C. Birrer
Ms C. Trautweiler

“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Ms E. Petrova-Mitevska
Ms B. Tasevska

TURKEY
Mr D. Batibay
Mr K. Esener
Mrs B. Tuğ
Mr A. Ay
Mr T. Oral
Mr U. Umar
Ms D. Akçay

UKRAINE
Mr Y. Perelygin
Mr S. Shablii
Mr S. Romanenko
Mr A. Kuzmenko
Mrs O. Yakimova

UNITED KINGDOM
Mr S. Howarth
Ms P. Mitchison

*

* *

EUROPEAN COMMISSION
-

*

* *

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to postpone the following items on the draft agenda of their 963rd meeting:

 

2.3

Human rights violations in the Chechen Republic: the Committee of Ministers’ responsibility vis-à-vis the Assembly’s concerns – Parliamentary Assembly Recommendation 1733 (2006)

 

4.3

Enforced disappearances – Parliamentary Assembly Recommendation 1719 (2005)

to their 964th meeting (10 May 2006);

2. agreed to add the following items to the agenda of their 963rd meeting:

 

2.1

Current political questions
- Statement by the Representative of Bosnia and Herzegovina

 

2.4

Need for international condemnation of the Franco regime –
Parliamentary Assembly Recommendation 1736 (2006)

3. taking into account decisions 1 and 2 above, adopted the agenda of their 963rd meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General and the Deputy Secretary General
(SG/Com(2006)963)

Decisions

The Deputies took note of the communication by the Deputy Secretary General as it appears in document SG/Com(2006)963.

Item 1.5

Committee of Ministers –
Preparation of the 116th Session (Strasbourg, 18-19 May 2006)
(CM/Del/Dec(2006)961/1.5 and 962/1.5, CM(2006)76prov.)

Decisions

The Deputies

1. took note of the progress of preparations for the Session, as described, in particular, in document CM/Notes/963/1.5 and the preliminary draft Communiqué of the 116th Session (document CM(2006)76prov.), in the light of the work being carried out by the competent rapporteur groups and working parties and the decisions taken under items 4.1 and 12.2 at the present meeting;

2. agreed to resume consideration of the preparation of the 116th Session at their 964th meeting (10 May 2006).

Item 1.6

Conferences of Specialised Ministers – State of preparation
(CM/Inf(2006)15)

Decisions

The Deputies

a. Concerning the 28th Session of the Conference of European Ministers responsible for Family Affairs (16-17 May 2006, Lisbon, Portugal)

1. noted that two additional participants would be invited to the conference, namely:

      - Governmental Committee of the European Social Charter;
      - National Family and Parenting Institute (United Kingdom);

b. Concerning the 6th European Ministerial Conference for Equality between Women and Men (8-9 June 2006, Stockholm, Sweden)

2. noted that one additional participant would be invited to the conference, namely:

      - Chair of the Task Force to Combat Violence against Women, including domestic violence (EG-TFV);

c. Concerning the 14th Session of the European Conference of Ministers responsible for Spatial Planning (CEMAT) (2nd half of October, Portugal)

3. noted that this conference would be held on 26 and 27 October 2006 in Lisbon;

d. Concerning the 22nd Session of the Standing Conference of European Ministers of Education (Istanbul, Turkey)

4. noted that this conference would be held on 4 and 5 May 2007;

5. noted that the theme of the conference would be: “Building a more humane and inclusive Europe: the contribution of education policies”;

6. noted that the responsible body would be the Steering Committee for Education (CDED);

7. noted that the following would be invited to participate in the conference:

- Ministers of Education of the States Parties to the European Cultural Convention;
- Committee of Ministers;
- Parliamentary Assembly;
- Congress of Local and Regional Authorities of the Council of Europe;
- Steering Committee for Higher Education and Research (CDESR);
- Steering Committee for Culture (CDCULT);
- European Steering Committee for Youth (CDEJ);
- European Committee on Migration (CDMG);

8. further noted that the European Commission and the General Secretariat of the Council of the European Union would be invited to the conference;

9. noted that the following states would be invited to attend the conference as observers:

- United States of America;
- Canada;
- Japan;
- Mexico;
- Israel;

10. noted that the following organisations would be invited to attend the conference as observers:

- United Nations Interim Administration in Kosovo (UNMIK);
- Organisation for Security and Co-operation in Europe (OSCE);
- Organisation for Economic Co-operation and Development (OECD);
- United Nations Educational, Scientific and Cultural Organisation (UNESCO);
- World Bank;
- Nordic Council of Ministers;
- Arab League for Education, Culture and Science Organisation (ALECSO);
- NGO grouping “Education and Culture”;
- Anna Lindh Euro-Mediterranean Foundation for the Dialogue between Cultures.

Item 2.4

Need for international condemnation of the Franco regime –
Parliamentary Assembly Recommendation 1736 (2006)
(CM/Del/Dec(2006)959/3.2b and 962/2.4, REC_1736 (2006), CM/AS(2006)Rec1736prov.)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1736 (2006) on the need for international condemnation of the Franco regime, as it appears at Appendix 2 of the present volume of Decisions.3

Item 4.1a

Steering Committee for Human Rights (CDDH)

a. Abridged report of the 62nd meeting (Strasbourg, 4-7 April 2006)
(CM(2006)64)

Decisions

The Deputies

1. took note of the interim report of the Steering Committee for Human Rights (CDDH) on the preparation of a legally binding instrument on access to official documents (document CM(2006)64, Appendix I);

2. took note of the activity report of the Group of Specialists on Human Rights and the Fight against Terrorism (DH-S-TER) on the use of diplomatic assurances in the context of expulsion procedures, in cases where there is a risk of torture or inhuman or degrading treatment or punishment (document CM(2006)64, Appendix II);

3. took note of the opinion of the Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN) on the draft Recommendation Rec(2006)…of the Committee of Ministers to member states on the promotion of the participation of minority young people and of the introductory note of the CDDH (document CM(2006)64, Appendix III);

4. in the light of decisions 1 to 3 above, took note of the abridged report of the 62nd meeting of the CDDH as a whole, as it appears in document CM(2006)64.

Item 4.1b

Steering Committee for Human Rights (CDDH)

b. Activity report – Reform of the European Convention on Human Rights – Declaration of the Committee of Ministers “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels”
(CM(2006)39 Addendum)

Decisions

The Deputies

1. took note of the activity report of the Steering Committee for Human Rights (CDDH) “Reform of the European Convention on Human Rights – Declaration of the Committee of Ministers “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels”” as it appears in document CM(2006)39 Addendum and agreed to transmit it to the 116th Ministerial Session (Strasbourg, 18-19 May 2006);

2. approved the draft Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements as they appear in document CM(2006)39 Addendum, with the exception of Rules 9 and 15, in respect of which they agreed to resume consideration at their 964th meeting (10 May 2006);

3. agreed, bearing in mind their wish that these Rules be applicable with immediate effect to the extent that they do not depend on the entry into force of Protocol No. 14 to the European Convention on Human Rights, that these Rules should take effect as from the date of their adoption, as necessary by applying them mutatis mutandis to the existing provisions of the Convention, with the exception of Rules 10 and 11.

Item 4.1c

Steering Committee for Human Rights (CDDH)

c. Reform of the European Convention on Human Rights – The implementation of the decisions adopted by the Committee of Ministers at its 114th Session (12 May 2004) – Draft Declaration of the Committee of Ministers on “Sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels”
(CM(2006)39prov3, CM(2006)65prov2)

Decisions

The Deputies

1. adopted their report “Ensuring the continued effectiveness of the European Convention on Human Rights – The implementation of the reform measures adopted by the Committee of Ministers at its 114th Session (12 May 2004)” as it appears in document CM(2006)39 final and agreed to transmit it to the 116th Ministerial Session (Strasbourg, 18-19 May 2006);

2. subject to the decisions to be taken concerning Rules 9 and 15 of the draft Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements, approved the draft Declaration on “Sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels” as it appears at Appendix 3 to the present volume of Decisions and agreed to transmit it to the 116th Ministerial Session for adoption.

Item 4.2

European Social Charter – Governmental Committee of the European Social Charter –
New system for the presentation of reports on the application of the European Social Charter –
Proposal of the Governmental Committee
(CM(2006)53)

Decision

The Deputies, having observed that there is unanimous agreement of the States Parties to the Charter and the revised Charter, adopted the new system of presentation of reports under the European Social Charter which is as follows:

    1. States shall present a report annually on a part of the provisions of the Charter (whether it be the 1961 Charter or the 1996 revised Charter), the provisions having been divided into four thematic groups. In this way, each provision of the Charter will be reported on once every four years. The four groups of provisions shall be composed as follows:

Group 1

Employment, training and equal opportunities

- Article 1
- Article 9
- Article 10
- Article 15
- Article 18
- Article 20
- Article 24
- Article 25

Group 2

Health, social security and social protection

- Article 3
- Article 11
- Article 12
- Article 13
- Article 14
- Article 23
- Article 30

Group 3

Labour rights

- Article 2
- Article 4
- Article 5
- Article 6
- Article 21
- Article 22
- Article 26
- Article 28
- Article 29

Group 4

Children, families, migrants

- Article 7
- Article 8
- Article 16
- Article 17
- Article 19
- Article 27
- Article 31

      2. The reports shall be presented on 31 October of each year. The European Committee of Social Rights shall be invited to publish its conclusions before the end of the following year.

      3. The system enters into force as from 2007.4

      4. There will no longer be full reports for states having recently ratified the 1961 Social Charter and there will no longer be reports on all the non-hard core provisions for states having recently ratified the 1996 revised Social Charter.

Item 4.4a

Framework Convention for the Protection of National Minorities

a. Election of an expert to the list of experts eligible to serve on the Advisory Committee –

Candidates in respect of Latvia
(CM(2006)54)

Decisions

The Deputies

1. having proceeded to election in conformity with Rules 8 and 9 of Resolution (97) 10, declared elected to the list of experts eligible to serve on the Advisory Committee:

- Ms llze BRANDS-KEHRIS in respect of Latvia;

2. consequently adopted Resolution ResCMN(2006)4, as it appears at Appendix 4 to the present volume of Decisions.

Item 4.4b

Framework Convention for the Protection of National Minorities

b. Appointment of nine ordinary members to fill vacant seats on the Advisory Committee
as from 1 June 2006

Decision

The Deputies, having proceeded in accordance with Rules 15 and 16 of Resolution (97) 10, appointed as ordinary members of the Advisory Committee on the Framework Convention for a four-year term commencing on 1 June 2006 and expiring on 31 May 2010, the nine experts named below, eight of which by drawing of lots on the Deputies’ behalf and in their presence by the Chairman:

- Mr Joseph MARKO in respect of Austria;
- Mr Demetrios STYLIANIDES in respect of Cyprus;
- Mr Dalibor JÍLEK in respect of the Czech Republic;
- Ms Eva SMITH-ASMUSSEN in respect of Denmark;
- Mr Sergio BARTOLE in respect of Italy;
- Ms llze BRANDS-KEHRIS in respect of Latvia;
- Ms Bohumila FERENČUHOVÁ in respect of the Slovak Republic;
- Mr Ferenc HAJÓS in respect of Slovenia;
- Mr Alan PHILLIPS in respect of the United Kingdom.

Item 4.5

European Social Charter –
Collective complaint No. 27/2004 by the European Roma Rights Centre (ERRC) against Italy
(Report from the European Committee of Social Rights to the Committee of Ministers)

Decision

The Deputies, in conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, and in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the Revised European Social Charter in the Committee of Ministers,5 adopted Resolution ResChS(2006)4 as it appears at Appendix 5 to the present volume of Decisions.

Item H46-1

Ilaşcu and others against Moldova and the Russian Federation –
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2,
of the European Convention on Human Rights as amended by Protocol No. 11

(CM/Inf/DH(2006)17 revised 3)

Decisions

The Deputies

1. decided to resume consideration of the measures taken towards the execution of the Court’s judgment at their 964th meeting (10 May 2006);

2. instructed the Secretariat to draw up a fourth draft interim resolution.

Item 7.1

Education for leisure activities –
Parliamentary Assembly Recommendation 1717 (2005)
(REC_1717 (2005) and CM/AS(2006)Rec1717prov.)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1717 (2005) on education for leisure activities, as it appears at Appendix 6 to the present volume of Decisions.6

Item 10.1b

European Commission for Democracy through Law (Venice Commission)

b. Annual report of activities 2005
(CM(2006)42)

Decision

The Deputies took note of the annual report of activities for 2005 of the European Commission for Democracy through Law (Venice Commission), as it appears in document CM(2006)42.

Item 10.1c

European Commission for Democracy through Law (Venice Commission)

c. Request from the Government of the Republic of Korea for membership of the Enlarged Agreement establishing the European Commission for Democracy through Law

Decision

The Deputies agreed to the request by the Republic of Korea to join the Enlarged Agreement establishing the European Commission for Democracy through Law (Venice Commission) and invited the Republic of Korea to appoint a member to sit on the Commission.

Item 11.1

Human Resources Policy: Equal opportunities –
Draft Resolution Res(2006)… revising Articles 3 and 13 of the Staff Regulations
(CM(2006)12, CM/Del/Dec(2006)962/11.1)

Decisions

The Deputies

1. adopted Resolution Res(2006)4 revising Articles 3 “Non-discrimination” and 13 “Non-discrimination between candidates” of Part I: General provision of the Staff Regulations, as it appears at Appendix 7 to the present volume of Decisions;

2. decided that Resolution Res(2006)4 would enter into force on the day on which it was adopted and invited the Secretary General to inform Council of Europe staff of the relevant amendments to the Staff Regulations.

Item 12.1a

Spring Session of the Congress of Local and Regional Authorities of the Council of Europe
(Strasbourg, 16-17 March 2006)

a. Communication by the Chief Executive of the Congress

Decision

The Deputies took note of the communication of the Chief Executive of the Congress of Local and Regional Authorities of the Council of Europe.

Item 12.1b

Spring Session of the Congress of Local and Regional Authorities of the Council of Europe
(Strasbourg, 16-17 March 2006)

b. Adopted texts
(Compendium of texts adopted)

Decisions

The Deputies

Concerning Recommendation 183 (2006) on the North-South Centre: contribution of local and regional authorities to promote the efficiency of the work of the Centre

1. took note of Recommendation 183 (2006) on the North-South Centre: contribution of local and regional authorities to promote the efficiency of the work of the Centre;

2. agreed to bring it to the attention of their governments;

3. agreed to forward it to the Executive Council and Committee of Representatives of member states of the North-South Centre, for information;

4. invited their Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to prepare a draft reply for adoption at one of their forthcoming meetings;

Concerning Recommendation 184 (2006) on regional typical products and globalisation

5. took note of Recommendation 184 (2006) on regional typical products and globalisation;

6. agreed to bring it to the attention of their governments;

7. agreed to forward it to the Steering Committee for Culture (CDCULT) and the Steering Committee for Education (CDED) for information;

8. invited their Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to prepare a draft reply for adoption at one of their forthcoming meetings;

Concerning Resolutions 206 to 208 (2006)

9. took note of Resolutions 206 to 208 (2006);

10. adopted the following reply to the texts adopted by the Congress of Local and Regional Authorities of the Council of Europe at its Spring Session (16-17 March 2006):

      “The Committee of Ministers has taken note of Recommendations 183 and 184 (2006) and Resolutions 206 to 193 (2006) adopted by the Congress of Local and Regional Authorities of the Council of Europe at its Spring Session (16-17 March 2006).

      The Committee of Ministers has brought Recommendations 183 and 184 (2006) to the attention of the governments of member states and entrusted them to the competent bodies and/or committees of experts for information and/or to Rapporteur Groups with a view to preparing draft replies for adoption at an early date.”

Item 12.2

Proposal to set up a centre of the Council of Europe for inter-regional and cross-border
co-operation – Report by the Chair of the GT-TRANSREG
(CM(2006)80prov.)

Decisions

The Deputies

1. took note of the progress report on the proposal to set up a centre of the Council of Europe for inter-regional and cross-border co-operation, prepared by their Working Party GT-TRANSREG, as it appears in document CM(2006)80 final;

2. decided to transmit it to the 116th Session of the Committee of Ministers.

Appendix 1
(Item 1.1)

963 meeting of the Ministers’ Deputies
Strasbourg, 3 (10 a.m.) May 2006

Agenda

1.

General questions

 

1.1

Adoption of the agenda

1.2

Preparation of forthcoming meetings

1.3

Communication from the Secretary General and the Deputy Secretary General

1.4

Report of the Bureau

1.5

Committee of Ministers – Preparation of the 116th Session (Strasbourg, 18-19 May 2006)

(CM/Notes/963/1.5 of 2.5.2006)

1.6

Conferences of Specialised Ministers – State of preparation

(CM/Inf(2006)15)
(CM/Notes/963/1.6 revised of 24.4.2006)

2.

Political questions

2.1

Current political questions
- Statement by the Representative of Bosnia and Herzegovina

2.2

Situation in Cyprus

2.3

Human rights violations in the Chechen Republic: the Committee of Ministers’ responsibility vis-à-vis the Assembly’s concerns – Parliamentary Assembly Recommendation 1733 (2006)

(REC_1733 (2006), CM/AS(2006)Rec1733prov. and GR-DEM(2006)CB5 revised)
(CM/Notes/963/2.3 of 25.4.2006)

(Item postponed)

2.4

Need for international condemnation of the Franco regime –
Parliamentary Assembly Recommendation 1736 (2006)

(CM/Del/Dec(2006)959/3.2b and 962/2.4 REC_1736 (2006) and CM/AS(2006)Rec1736prov.)
(CM/Notes/963/2.4 of 2.5.2006)

3.

Parliamentary Assembly

3.1

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 489 by Mr Rafael Huseynov: “New plans of occupation by belligerent Armenia posing serious threats to stability and development in the South Caucasus”

(CM(2006)69 of 18.4.2006)
(CM/Notes/963/3.1a of 18.4.2006)

4.

Human rights

4.1

Steering Committee for Human Rights (CDDH)

a. Abridged report of the 62nd meeting (Strasbourg, 4-7 April 2006)

(CM(2006)64 of 13.4.2006)

b. Activity report – Reform of the European Convention on Human Rights – Declaration of the Committee of Ministers “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels”

(CM(2006)39 Addendum of 13.4.2006)

c. Reform of the European Convention on Human Rights – The implementation of the decisions adopted by the Committee of Ministers at its 114th Session (12 May 2004) – Draft Declaration of the Committee of Ministers on “Sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels”

(CM(2006)39prov3 of 28.4.2006 and CM(2006)65prov2 of 28.4.2006)

(Item prepared by GR-H on 27.4.2006)

(CM/Notes/963/4.1 of 28.4.2006)

4.2

European Social Charter – New system for the submission of reports in application of the European Social Charter – Proposal of the Governmental Committee
(Item prepared by GR-H on 27.4.2006)

(CM(2006)53)
(CM/Notes/963/4.2 of 13.4.2006)

4.3

Enforced disappearances – Parliamentary Assembly Recommendation 1719 (2005)
(Item prepared by GR-H on 27.4.2006)

(REC_1719 (2005) and CM/AS(2006)Rec1719prov.)
(CM/Notes/963/4.3 of 28.4.2006)

(Item postponed)

4.4

Framework Convention for the Protection of National Minorities

a. Election of an expert to the list of experts eligible to serve on the Advisory Committee – Candidates in respect of Latvia
(Item prepared by GR-H on 27.4.2006)

(CM(2006)54 of 12.4.2006 and Adddendum (Bilingual) of 2.5.2006)
(CM/Notes/963/4.4a of 13.4.2006)

b. Appointment of nine ordinary members to fill vacant seats on the Advisory Committee as from 1 June 2006

(CM/Notes/963/4.4b of 13.4.2006)

4.5

European Social Charter –
Collective complaint No. 27/2004 by the European Roma Rights Centre (ERRC) against Italy

(Report from the European Committee of Social Rights to the Committee of Ministers (secret document distributed by the Chair of the Deputies))
(CM/Notes/963/4.5 of 21.4.2006)

4.6

Council of Europe Commissioner for Human Rights – Exchange of views

(CommDH(2006)17)
(CM/Notes/963/4.6 of 28.4.2006)

H46-1

Ilaşcu and others against Moldova and Russia –
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the European Convention on Human Rights as amended by Protocol No. 11

(CM/Inf/DH(2006)17 revised 3)

(CM/Notes/963/H46-1 of 2.5.2006)

7.

Education and culture

7.1

Education for leisure activities – Parliamentary Assembly Recommendation 1717 (2005)
(Item prepared by GR-C on 20.4.2006)

(REC_1717 (2005) and CM/AS(2006)Rec1717prov.)
(CM/Notes/963/7.1 of 24.4.2006)

10.

Legal questions

10.1

European Commission for Democracy through Law (Venice Commission)

a. Hearing with the Vice-President

b. Annual report of activities for 2005

(CM(2006)42)

c. Request from the Government of Korea for membership of the Enlarged Agreement establishing the European Commission for Democracy through Law

(CM/Notes/963/10.1 of 18.4.2006)

11.

Administration and logistics

11.1

Human Resources Policy: Equal opportunities –
Draft Resolution Res(2006)… revising Articles 3 and 13 of the Staff Regulations
(Item prepared by GR-AB on 4.4.2006)

(CM/Del/Dec(2006)962/1.1 and CM(2006)12)
(CM/Notes/963/11.1 of 28.4.2006)

12.

Congress of Local and Regional Authorities of the Council of Europe

12.1

Spring Session of the Congress of Local and Regional Authorities of the Council of Europe (Strasbourg, 16-17 March 2006)

a. Communication by the Chief Executive of the Congress

b. Adopted texts

(Compendium of texts adopted)
(CM/Notes/963/12.1 of 21.4.2006)

12.2

Proposal to set up a centre of the Council of Europe for inter-regional and cross-border co-operation – Report by the Chair of the GT-TRANSREG

(CM(2006)80prov. of 28.4.2006
(CM/Notes/963/12.2 of 28.4.2006)

13.

Any other business

Appendix 2
(Item 2.4)

Reply to Parliamentary Assembly Recommendation 1736 (2006)
on the need for international condemnation of the Franco regime

(Adopted by the Committee of Ministers on 3 May 2006
at the 963rd meeting of the Ministers' Deputies)

1. Like the Parliamentary Assembly, the Committee of Ministers condemns the repeated serious human rights violations by the Franco regime and agrees that it is important to remember the crimes by all totalitarian regimes so as to avoid repeating the errors of the past. In this connection, the Committee of Ministers acknowledges the courageous steps taken in this respect in Spain itself.

2. At the same time, the Committee of Ministers notes that Spain’s transition to democracy shortly after the end of the Franco regime is an example to all other countries undergoing the same process. It welcomes the fact that the year 2007 will be the 30th anniversary of Spain’s accession to the Council of Europe, which was made possible by that successful transition.

3. As regards the specific recommendations addressed by the Assembly, the Committee of Ministers believes that all totalitarian regimes without distinction, including the Franco regime, should be made the object of a declaration or official day of the kind which the Assembly suggests. Singling out one regime rather than another might create the mistaken impression that some totalitarian regimes are worthier of condemnation than others, whereas all of them collectively merit our reprobation.

Appendix 3
(Item 4.1c)

Draft Declaration of the Committee of Ministers
on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels

(Adopted by the Committee of Ministers on … May 2006
at its 116th Session)

The Committee of Ministers,

Referring to its May 2004 Declaration “Ensuring the effectiveness of the implementation of the European Convention on Human Rights at national and European levels” containing a comprehensive package of coherent measures for the implementation of the Convention;

Stressing that the Declaration remains a key reference for measures needed to preserve the effectiveness of the Convention system in the long term;

Recalling that the Heads of State and Government of the member states of the Council of Europe in May 2005 in Warsaw reiterated the commitment to implement all these measures in accordance with all the modalities foreseen in the May 2004 Declaration;

Being determined, two years hence, to take stock of progress achieved in the implementation of its May 2004 Declaration;

Welcoming the activity of the European Court of Human Rights in preparing itself for the entry into force of Protocol No. 14 to the Convention as well as in enhancing the efficiency of its internal methods;

Welcoming also the intensive intergovernmental work carried out to prepare for entry into force of Protocol No. 14 and implement the different strands of the reform package of the May 2004 Declaration;

Noting the interim report presented by the Group of Wise Persons charged with making recommendations on the measures to be taken to ensure the long-term effectiveness of the Convention;

Having examined the conclusions and proposals set out in the report submitted by the Ministers’ Deputies;

Being determined to ensure further sustained work on the basis of guidelines for priority action,

i. Welcomes the report presented by the Ministers’ Deputies on the implementation of the reform package agreed at its 114th Session in May 2004 and the progress recorded therein;

ii. Endorses the conclusions and proposals for further sustained action in this report, building on results obtained so far;

iii. Urges the remaining states that have not yet done so to ratify Protocol No. 14 to the Convention without delay to enable the Court to benefit from the efficiency and capacity increases that the Protocol’s entry into force will bring;

iv. Adopts the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements7 and decides that these Rules, which repeal and replace the existing Rules, take effect as of now, as necessary by applying them mutatis mutandis to the existing provisions of the Convention, with the exception of Rules 10 and 11 which will take effect from the date of entry into force of Protocol No. 14;

v. Stresses that respondent states must execute fully and more rapidly the judgments of the Court;

vi. Reiterates its call to all member states to implement speedily and effectively the five recommendations mentioned in the May 2004 Declaration,8 in full conformity with the principle of subsidiarity and the obligations of member states under Article 1 of the Convention;

vii. Encourages member states to make full use of the possibility to request Council of Europe assistance in this respect;

viii. Welcomes in this connection the upcoming examination, within the Council of Europe Development Bank, of ways and means to provide a framework tool for member states by facilitating structural measures at national level to enhance the implementation of the Convention and reduce the workload pressure on the Court;

ix. Invites all member states to take an active part in the implementation of the European Programme for Human Rights Education for Legal Professionals (HELP) to ensure full integration of Convention standards in the professional training of judges and prosecutors by the end of 2008;

x. Instructs the Ministers’ Deputies:

a. to intensify their action with regard to taking specific and effective measures to improve and accelerate the execution of the Court’s judgments in the face of the increasing case load of judgments pending execution, inter alia, by carrying forward practical proposals for the supervision of execution of judgments in situations of slow or negligent execution;

b. to draw up a recommendation to member states on efficient domestic capacity for rapid execution of the Court’s judgments and to invite representatives of the Parliamentary Assembly to be associated with it;

c. to initiate annual tripartite meetings between representatives of the Committee of Ministers, the Parliamentary Assembly and the Commissioner for Human Rights to promote stronger interaction with regard to the execution of judgments;

d. to carry forward other practical proposals for the supervision of execution of the Court’s judgments, including the creation of a global database on such execution;

e. to continue their review of implementation of the five recommendations mentioned in the May 2004 Declaration with a view to obtaining a better assessment of the actual impact of implementation measures on the long-term effectiveness of the Convention;

f. to deepen this review by focusing henceforth on verification of the effectiveness of implementation measures and filling outstanding information gaps, particularly in three priority areas: improvement of domestic remedies, re-examination or reopening of cases following judgments of the Court, and verification of compatibility of draft laws, existing laws and administrative practice with the Convention;

g. to involve in this review other Council of Europe bodies as set out in their report, such as the Parliamentary Assembly, the Court and the Commissioner for Human Rights, as well as non-governmental organisations and national human rights institutions;

h. to follow closely the developing practice of the Court and of the Ministers’ Deputies on so-called pilot judgments and, as and when appropriate, to consider developing guidelines for member states on domestic remedies following such judgments;

i. to ensure that arrangements for the enhancement of resources for the Court and other departments concerned are regularly assessed;

j. to carry out a mid-term review of the implementation of the European Programme for Human Rights Education for Legal Professionals (HELP);

xi. Transmits the report presented by the Ministers’ Deputies to the Parliamentary Assembly, the Court, the Commissioner for Human Rights and the Group of Wise Persons;

xii. Asks the Ministers’ Deputies to report to it on the implementation of this Declaration at the 117th Session in May 2007.

* *

*

[to be inserted as an Appendix: draft Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements]

Appendix 4
(Item 4.4a)

Resolution ResCMN(2006)4
Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee
in respect of Latvia

(Adopted by the Committee of Ministers on 3 May 2006
at the 963rd meeting of the Ministers’ Deputies)

The Committee of Ministers,

By virtue of Article 26, paragraph 2 of the Framework Convention for the Protection of National Minorities and of Rule 9 of Resolution (97) 10 (Rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention for the Protection of National Minorities),

Considering that the Government of Latvia ratified the Framework Convention for the Protection of National Minorities on 6 June 2005, and that the Convention entered into force in respect of Latvia on 1 October 2005;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution (97) 10, by Latvia by letter dated 31 March 2006;

Having proceeded to election by secret ballot,

Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on 3 May 2006:

- Ms llze BRANDS-KEHRIS in respect of Latvia.

Appendix 5
(Item 4.5)

Resolution ResChS(2006)4
Collective complaint No. 27/2004
by the European Roma Rights Centre against Italy

(Adopted by the Committee of Ministers on 3 May 2006
at the 963rd meeting of the Ministers' Deputies)

The Committee of Ministers,9

Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints,

Taking into consideration the complaint lodged on 28 June 2004 by the European Roma Rights Centre against Italy,

Having regard to the report transmitted by the European Committee of Social Rights, in which the European Committee of Social Rights concluded:

i) unanimously that the insufficiency and inadequacy of camping sites constitutes a violation of Article 31§1 of the revised Charter taken together with Article E.

Article 31§1 guarantees access to adequate housing, which means a dwelling which is structurally secure; safe from a sanitary and health point, i.e. it possesses all basic amenities, such as water, heating, waste disposal, sanitation facilities, electricity; not overcrowded and with secure tenure supported by law. Article E enshrines the prohibition of discrimination and establishes an obligation to ensure that, in absence of objective and reasonable justifications, any group with particular characteristics, including Roma, benefit in practice from the rights in the Charter. Italy failed to give evidence that i) it has taken adequate steps to ensure that Roma are offered housing of a sufficient quantity and quality to meet their particular needs; and that ii) it has ensured or has taken steps to ensure that local authorities are fulfilling their responsibilities in this area. By persisting with the practice of placing Roma in camps, the government has failed to take due and positive account of all relevant differences, or adequate steps to ensure their access to rights and collective benefits that must be open to all.

ii) unanimously that forced evictions and other sanctions constitute a violation of Article 31§2 of the revised Charter taken together with Article E.

Under Article 31§2, states parties must make sure that evictions are justified and are carried out in conditions that respect the dignity of the persons concerned, and that alternative accommodation is available. The Committee found that Italy has failed to establish that the relevant evictions it carried out satisfy these conditions, and has not provided credible evidence to refute the claims that Roma have suffered unjustified violence during such evictions.

iii) unanimously that the lack of permanent dwellings constitutes a violation of Article 31§1 and 31§3 of the revised Charter taken together with Article E.

Under Articles 31§1 and 31§3, it is incumbent on states parties to ensure access to social housing for disadvantaged groups, including equal access for nationals of other Parties to the Charter lawfully resident or regularly working on their territory. On the issue of permanent dwellings, the Committee noted that while Italy was committed to the principle of equal treatment for Roma as regards access to social housing, it failed to provide any information to show that this right of access is effective in practice or that the criteria regulating access to social housing are not discriminatory.

Having regard to the information communicated by the Italian delegation during the 960th meeting of the Ministers’ Deputies,

1. Takes note of the measures already taken by the Italian authorities at local (regional legislation and implementing measures) and at national level (National Office against Discrimination);

2. Takes note of the statement made by the respondent government indicating that Italy undertakes to bring the situation into conformity with the Revised Charter by increasing such measures, including the adoption of a legislative framework (see Appendix to this resolution);

3. Looks forward to Italy reporting, on the occasion of the submission of the next report concerning the relevant provisions of the Revised European Social Charter, that the situation has improved, and keeping the Committee of Ministers regularly informed of all progress made.

Appendix to Resolution ResChS(2006)4

Information provided by the Permanent Representative of Italy during consideration by the Committee of Ministers of the report transmitted by the European Committee of Social Rights concerning Collective complaint No. 27/2004

The Italian delegation would like to make a general comment, recalling the great importance Italy attaches to the Social Charter, which was opened for signature in an Italian city, Turin, in 1961.

It is for this reason that Italy has been one of the few member states that have so far ratified the Revised Social Charter and one of the even fewer, only eleven, states for which the Additional Protocol providing for a system of collective complaints has entered into force.

We share entirely the philosophy of the Social Charter and the mechanism of collective complaints and accept its consequences. At the same time, like other delegations have done in the past, the Italian delegation would like to stress, as a general consideration, the importance of an always rigorous and balanced implementation of such instrument, also in order not to discourage other member states from joining it.

With reference to the specific case on the agenda, the problem of housing for Roma, Sinti and Travellers is of course an issue of great relevance for the Italian authorities, as it is for most European countries, as duly described in the report that of the former Commissioner for Human Rights, Mr Gil-Robles, specifically devoted to the human rights situation of Roma, Sinti and Travellers in Europe.

In Italy, interventions aimed at improving housing conditions of traveller communities, including Roma people, fall within the responsibility of local authorities. For this reason, many regions have adopted laws specifically aimed at regulating the presence of Roma in their territory.

This notwithstanding, Italy is of course aware that the state – and therefore central authorities – is ultimately responsible for the respect for social rights of all individuals within its territory, including the right to housing and the right to an adequate standard of living.

For this reason, a draft law for a comprehensive strategy at national level on all issues concerning Roma, Sinti and Travellers is being prepared by the competent Ministries and will hopefully be approved within a reasonable delay, consistent with the time needed for the new parliament, which as you know will be elected in 5 days, to become operational.

Subsequently, the Roma, Sinti and Traveller Community will also be included, taking due account of necessary distinctions, among the historical minorities, whose status is ruled by Law 482/99.

In the present situation, conditions of housing for Roma can vary greatly according to regions and towns.

It can be noted however that a general progress has been achieved in the last two years. Several local institutions have taken measures to improve the living conditions of Roma, Sinti and Travellers.

Such progress has also been underlined in the report of the former Commissioner, Mr Gil-Robles, on his visit to Italy in March 2005 and by the third report of ECRI, which visited Italy in June 2005.

In this report, ECRI underlined that in some regions local authorities, in collaboration with the communities concerned, have started to partially eliminate camps.

In his report, former Commissioner Mr Gil-Robles underlined that in Italy “the Roma community is varied in its origins, practices and financial resources. Some live in ordinary housing – social or private – but many live in “districts”. There are two types of Roma district, official and non-official. Residents in official districts in Rome live in prefabricated dwellings; in other cities and towns, they sometimes live in caravans or tents. In unofficial districts, Roma also live in prefabs, caravans or makeshift shacks”.

Even when describing what has been depicted on several occasions as the worst case in Italy, the Campo Nomadi Casilino 900 in Rome, Mr Gil-Robles, underlined that “even though such a camp is considered as unofficial, there has been an active intervention by the municipal authorities. For the last two years, for example, a self-managed surveillance and security programme has been operating. This involves the Roma community more fully and improves relations with the police.” The City of Rome has also improved the sanitary situation in the settlement through the provision of chemical toilets and waste disposal while a mobile medical centre visits the settlement regularly. In any case, such example does not reflect all the integration initiatives promoted by local authorities with the civil society.

As regards violation of the principle of non-discrimination, Italian legislation does not provide for any distinction among citizens on the grounds of their own ethnic, linguistic or religious origin. For this reason, Roma people who have Italian nationality, around 70 000, are considered like all other Italian citizens, whereas the remaining 80 000 fall under the laws on immigration.

Since 2003 a National Office for the promotion of equality of treatment and the elimination of all discriminations based on racial and ethnic reasons is operational and is also actively working on the issue of Roma, Sinti and Travellers. His Director will participate in the conference on the implementation and harmonisation of national policies for Roma, Sinti and Travellers which will be organised in May in Bucharest.

As regards allegations that evictions from non authorised camps have been carried out violating the Charter, it is to be recalled that, according to the very principle of non-discrimination, unlawful acts have to be punished, regardless of the race or ethnic origin of the author. In the events mentioned in the complaint, authorities have acted on the basis of a formal mandate and there is no evidence of violations or abuses of such acts.

At the same time, in other cases where there has been evidence of violation or abuse by police according to law, the competent authorities have intervened to stop it, providing if necessary for compensation of victims.

It is also worth mentioning that since 2004 an ad hoc group has been created in Rome to deal with non authorised camps, which includes both representatives of police forces and of the social services of the municipality.

For all the above-mentioned reasons, the Italian delegation asks the Committee of Ministers to adopt a resolution which takes into account the progress achieved at local level as also recognised by the competent institutions of the Council of Europe, which also takes note of the work in progress on the drafting of a comprehensive strategy at national level and of the creation of a National Office against Discrimination.

The Committee of Ministers will be kept regularly informed about further steps taken by Italian authorities to improve the present situation.

Appendix 6
(Item 7.1)

Reply to Parliamentary Assembly Recommendation 1717 (2005)
on education for leisure activities

(Adopted by the Committee of Ministers on 3 May 2006
at the 963rd meeting of the Ministers’ Deputies)
 

1. The Committee of Ministers has considered Recommendation 1717 (2005) on education for leisure activities and finds it very pertinent in the age of new information technologies, which should be properly used and not abused. There is a danger of their becoming the only leisure activity at the expense of sport, culture and associative life.

2. The Committee of Ministers recalls its Recommendation No. R (98) 5 concerning heritage education and draws the attention to the Council of Europe’s Programme of Cultural Routes. The Routes provide a concrete demonstration of the fundamental principles of the Council of Europe: human rights, cultural democracy, European cultural diversity and identity, dialogue, mutual exchange and enrichment across boundaries and centuries. The partners on the ground, who are often members of civil society and the local community, could be encouraged to provide training regarding the educational use of the cultural routes in order to guarantee high quality leisure education. It is also true that education for leisure should be dealt with not only in schools, but, also by the relevant associations and NGOs.

3. The Committee of Ministers notes that the recommendation is in the spirit of the Declaration of the Third Summit of the Heads of State and Government of the Council of Europe and of the principles developed in the Council of Europe within the framework of formal, non-formal and informal education, as well as the Pestalozzi programme (Programme of training of teachers and educational professionals) to be implemented as from 2006. The Council of Europe could introduce the theme of education for leisure into the programme of future modules or training seminars in the framework of this programme.

4. It shares the opinion of the Assembly as regards item 6.4 concerning the advisability of creating leisure structures in residential areas in all Council of Europe member states and, in this context, recalls the creation of citizenship sites in the framework of the “Education for Democratic Citizenship” project.

5. This being said, the Committee of Ministers considers that not only education for leisure but also access to leisure activities should be continuously promoted. For example, investment should be made in the development of leisure equipment for better integration of children and young people. As regards people with disabilities, the new information technologies could be effectively used. Thus, access to cultural heritage on an equal footing, for example, would not be limited only to a physical access. The Committee of Ministers is confident that the content of texts such as the Action Plan for People with Disabilities and the Council of Europe’s Framework Convention on the Value of Cultural Heritage for Society, adopted by the Committee of Ministers on 13 October 2005, will soon be applied in member states.

Appendix 7
(Item 11.1)

Resolution Res(2006)4
revising Articles 3 and 13 of the Staff Regulations

(Adopted by the Committee of Ministers on 3 May 2006
at the 963rd meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Considering that Articles 3 and 13 of Part I: General Provisions of the Staff Regulations must be revised so as to be brought up to date with the current approach to the issue of equal opportunities,

On a proposal of the Secretary General,

Resolves as follows:

Articles 3 and 13 of the Staff Regulations shall henceforth read as follows:

Article 3 – Non-discrimination

1. Staff members shall be entitled to equal treatment under the Staff Regulations without direct or indirect discrimination, in particular on grounds of racial, ethnic or social origin, colour, nationality, disability, age, marital or parental status, sex or sexual orientation, and political, philosophical or religious opinions.

2. The principle of equal treatment and non-discrimination shall not prevent the Secretary General from maintaining or adopting, in the context of a predetermined policy, measures conferring specific advantages in order to promote full and effective equality and equal opportunities for everyone, provided that there is an objective and reasonable justification for those measures.

Article 13 – Non-discrimination between candidates

1. Subject to Article 14 of the Staff Regulations and Article 6 of the Regulations on Appointments (Appendix II to the Staff Regulations), recruitment shall be carried out without direct or indirect discrimination, in particular on grounds of racial, ethnic or social origin, colour, nationality, disability, age, marital or parental status, sex or sexual orientation, and political, philosophical or religious opinions.

2. Paragraph 1 does not prevent the Secretary General from setting certain conditions in terms of age and nationality in respect of specific posts/positions, provided that such limits have an objective and reasonable justification.

3. The Secretary General deciding not to recruit a person because s/he has expressed opinions that are incompatible with the fundamental principles enshrined in the Statute of the Organisation and the European Convention on Human Rights does not constitute discrimination under paragraph 1.

4. The Appointment Board shall consider applications in the first instance on the basis of qualifications, experience and competencies.

Note + There were no decisions under this item.
Note 2 The Chairman’s Summing-up under this item appears in document CM/Del/Act(2006)963 (confidential).
Note 3 See also document CM/AS(2006)Rec1736 final.
Note 4 The last report under the present system was due by 31 March 2006.
Note 5 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom.
Note 6 See also document CM/AS(2006)Rec1717 final.
Note 7 [as they appear in the Appendix to this document]

8 Recommendation Rec(2000)2 on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights; Recommendation Rec(2002)13 on the publication and dissemination in the member states of the text of the European Convention on Human Rights and of the case law of the European Court of Human Rights; Recommendation Rec(2004)4 on the European Convention on Human Rights in university education and professional training; Recommendation Rec(2004)5 on the verification of the compatibility of draft laws, existing laws and administrative practice with the standards laid down in the European Convention on Human Rights; Recommendation Rec(2004)6 on the improvement of domestic remedies.

Note 9 In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Contracting Parties to the European Social Charter or to the Revised Social Charter have participated in the vote: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom.


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