Ministers’ Deputies
Decisions

CM/Del/Dec(2008)1029 13 June 2008
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1029th meeting, 11 June 2008

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 10

1.5 Conferences of Specialised Ministers – State of preparation 10

1.6 Co-operation between the Council of Europe and the Agency for Fundamental Rights of the
European Union – Draft Agreement between the Council of Europe and the European Community 11

2. Democracy and political questions

2.1 Current political questions
a. Activities for the development and consolidation of democratic stability 12
- Moldova
- Montenegro
b. Other questions +
- Statement by the Representative of Georgia
- Statement by the Representative of Slovenia
- Statement by the Representative of “the former Yugoslav Republic of Macedonia”

2.2 Situation in Cyprus+

2.3 “State of human rights and democracy in Europe” –
Parliamentary Assembly Recommendation 1791 (2007) 13

2.4 “Honouring of obligations and commitments by Moldova” –
Parliamentary Assembly Recommendation 1810 (2007) 13

3. Democracy and political questions

3.1 Communication by the Secretary General of the Assembly
a. Preparation of the 3rd Part of the 2008 Session (Strasbourg, 23-27 June 2008) and other
Parliamentary Assembly activities 13
b. Standing Committee (Stockholm, 30 May 2008) and adopted texts 14

3.2 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 546 by Mr Lindblad: “Chinese intimidation in Europe” 15
b. Written Question No. 547 by Mr Cilevičs: “Implementation of the judgment of the European
Court of Human Rights on the right to association for national minorities in Bulgaria” 15

3.3 Preparation of the Joint Committee (Strasbourg, 26 June 2008) 15

Page

4. Human rights

4.1 Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197)
a. Group of Experts on Action against Trafficking in Human Beings (GRETA) –
Draft Resolution CM/Res(2008)… on rules on the election procedure of the members of the
Group of Experts on action against Trafficking in Human Beings (GRETA) 16
b. Thematic exchange of views on current and future action against trafficking in human beings 16

4.2 Framework Convention for the Protection of National Minorities
a. Draft Resolution CM/ResCMN(2008)… on the implementation of the Framework Convention
for the Protection of National Minorities by Austria 17
b. Draft Resolution CM/ResCMN(2008)… on the implementation of the Framework Convention
for the Protection of National Minorities by Sweden 17

4.3 Framework Convention for the Protection of National Minorities –
Outline for the state reports to be submitted under the third monitoring cycle 17

7. Education and culture

7.1 Steering Committee for Education (CDED) – 6th meeting (Strasbourg, 12-14 March 2007) –
Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states
on the religious dimension of intercultural education: principles, objectives and teaching
approaches and its Explanatory Memorandum 17

7.2 Steering Committee for Education (CDED)
a. Abridged report of the 7th plenary meeting (Strasbourg, 10-12 March 2008) 18
b. Draft Recommendation CM/Rec(2008)…of the Committee of Ministers to member states
on the use of the Council of Europe’s Common European Framework of Reference for
Languages (CEFR) and the promotion of plurilingualism and its Explanatory Memorandum 18
c. Draft terms of reference of the Ad hoc Advisory Group on Education for Democratic
Citizenship and Human Rights (ED-EDCHR) 18
d. Draft terms of reference of the Ad hoc Advisory Group on History Teaching (ED-HIST) 18
e. Draft terms of reference of the European Language Portfolio Validation Committee (ED-EVC) 18

7.3 Steering Committee for Higher Education and Research (CDESR) –
Abridged report of the 7th plenary session (Strasbourg, 6-7 March 2008) 18

10. Legal questions

10.1 Committee of Experts on Terrorism (CODEXTER) 19
a. Abridged report on the 14th meeting (Strasbourg, 7-9 April 2008)
b. Opinion of Parliamentary Assembly Recommendation 1824 (2008) “United Nations Security
Council and European Union blacklists”
c. Updating the treaty list appended to the Council of Europe Convention on the Prevention
of Terrorism

10.2 “Co-operation between the Assembly and the Conference of INGOs” –
Parliamentary Assembly Recommendation 1820 (2007) 19

10.3 “Towards decriminalisation of defamation” –
Parliamentary Assembly Recommendation 1814 (2007) 20

10.4 “Prostitution – Which stance to take?” – Parliamentary Assembly Recommendation 1815 (2007) 20

10.5 “Situation of longstanding refugees and displaced persons in South-Eastern Europe” –
Parliamentary Assembly Recommendation 1802 (2007) 20

Page

11. Administration and logistics

11.1 Pension Reserve Fund – 3rd report of the Management Board to the Committee of Ministers 20

11.2 Member states’ contributions to the 2008 budget of the Partial Agreement on the Youth Card 21

APPENDICES

APPENDIX 1 1029th meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 11 (10 a.m.) June 2008)
Agenda 22

Appendix 2 Reply to Parliamentary Assembly Recommendation 1791 (2007) on the
(Item 2.3) “State of human rights and democracy in Europe” 26

Appendix 3 Reply to Parliamentary Assembly Recommendation 1810 (2007) on the
(Item 2.4) “Honouring of obligations and commitments by Moldova” 35

Appendix 4 Resolution CM/Res(2008)7
(Item 4.1a) on rules on the election procedure of the members of the
Group of Experts on Action against Trafficking in Human Beings (GRETA) 38

Appendix 5 Resolution CM/ResCMN(2008)3
(Item 4.2a) on the implementation of the Framework Convention for the Protection of
National Minorities by Austria 44

Appendix 6 Resolution CM/ResCMN(2008)4
(Item 4.2b) on the implementation of the Framework Convention for the Protection of
National Minorities by Sweden 47

Appendix 7 Terms of reference of the Ad hoc Advisory Group on Education for Democratic
(Item 7.2c) Citizenship and Human Rights (ED-EDCHR) 50

Appendix 8 Terms of reference of the Ad hoc Advisory Group on
(Item 7.2d) History Teaching (ED-HIST) 54

Appendix 9 Terms of reference of the European Language Portfolio Validation
(Item 7.2e) Committee (ED-EVC) 58

Appendix 10 Reply to Parliamentary Assembly Recommendation 1820 (2007) on
(Item 10.2) “Co-operation between the Assembly and the Conference of INGOs” 62

Appendix 11 Reply to Parliamentary Assembly Recommendation 1814 (2007) on
(Item 10.3) “Towards decriminalisation of defamation” 64

Appendix 12 Reply to Parliamentary Assembly Recommendation 1815 (2007) on
(Item 10.4) “Prostitution – Which stance to take?” 66

Appendix 13 Reply to Parliamentary Assembly Recommendation 1802 (2007) on the
(Item 10.5) “Situation of longstanding refugees and displaced persons in
South-Eastern Europe” 70

Appendix 14 Contributions of member states to the budget of the Youth Card for 2008 73
(Item 11.2)

The 1029th meeting of the Ministers’ Deputies opened on 11 June 2008 at 10.00 a.m. under the chairmanship of Mr P. Sjögren, Deputy for the Minister for Foreign Affairs of Sweden.

PRESENT

ALBANIA
Ms M. Gega
Mr F. Peni
Mr M. Meminaj

ANDORRA
Mr R. Fiter Vilajoana
Ms F. Aleix

ARMENIA
Mr C. Ter Stepanian
Ms L. Daneghyan
Ms N. Hambarzumyan
Mr A. Hovhannisyan

AUSTRIA
Ms E. Ellison-Kramer

AZERBAIJAN
Mr A. Mammadov
Mr M. Kangarlinski
Mr H. Nasibov

BELGIUM
Mr J. Devadder
Mr F. Bontemps

BOSNIA AND HERZEGOVINA
Mr B. Marić
Ms M. Dimitrijevic

BULGARIA
Mr I. Petkov
Mrs L. Draganova
Mr K. Bojanov

CROATIA
Mr D. Bučan
Mrs P. Leppee Fraize

CYPRUS
Mr M. Stavrinos
Mr D. Samuel
Mr G. Ioannides

CZECH REPUBLIC
Mr P. Svoboda
Ms K. Markovová

DENMARK
Mr C. Oldenburg
Mr J.D. Thomsen

ESTONIA
Mr S. Kannike
Mr I. Siil
Mrs N. Luts
Mr E. Harremoes

FINLAND
Ms I. Ertman
Ms A.-C. Krank
Mr P. Kotilainen

FRANCE
Mr B. Gain
Ms M.-A. Bourdin
Ms C. Larene

GEORGIA
Mr Z. Tchiaberashvili
Ms I. Mamuchishvili

GERMANY
Mr E. Kölsch
Ms C. Althauser

GREECE
Mr D. Karabalis
Mr G. Daskalopoulos

HUNGARY
Ms J. József
Mr V. Garai
Mr B. Horváth

ICELAND
Ms L. Arnlaugsdóttir

IRELAND
Ms M. Hennessy
Ms B. Walshe
Mr N. Sheerin

ITALY
Mr A. Verde

LATVIA
Mr P. Elferts
Mrs I. Freimane-Deksne

LIECHTENSTEIN
Mr D. Ospelt

LITHUANIA
Mr N. Germanas
Ms N. Juodkaitė-Putrimienė
Ms J. Juodagalvienė

LUXEMBOURG
Mr R. Mayer

MALTA
Mr J. Licari
Mr M. Pace

MOLDOVA
Mr A. Neguta
Mrs M. Balitchi
Ms R. Postu

MONACO
Mrs C. Gastaud

MONTENEGRO
Mr Z. Janković

NETHERLANDS
Mr M. van der Kolk
Ms M. Ouwens

NORWAY
Mr T. Frøysnes
Ms T. Kongsvik
Ms E. Widsteen

POLAND
Mr P. Świtalski
Mr J. Kasprzyk
Mr K. Piórkowski
Ms A. Wyżnikiewicz

PORTUGAL
Mr A. Madeira Bárbara
Mr J. Patricio
Mr L. Sequeira

ROMANIA
Mr N. Nastase
Mr C.H. Rogoveanu
Mr L. Flueraru

RUSSIAN FEDERATION
Mr I. Kapyrin
Mr V. Egorov
Mr S. Veselovskiy
Mr V. Ermakov
Mr A. Tarasov
Mr I. Maltsev
Mr I. Subbotin

SAN MARINO
Mr G. Bellatti Ceccoli
Mr D. Beleffi

SERBIA
Ms S. Prica
Ms K. Lalic Smajevic
Ms T. Rastovac Siamashvili

SLOVAK REPUBLIC
Mr E. Kuchár
Mr J. Kubla
Ms I. Kasárová

SLOVENIA
Mrs M. Bole
Mrs M. Kušer
Mr J. Brenčič

SPAIN
Ms M. Vilardell Coma, Vice-Chairperson
Mr P. Desportes

SWEDEN
Mr P. Sjögren, Chairman
Mr B. Häggmark
Mr M. Molander
Ms A. Lundkvist

SWITZERLAND
Mr P. Widmer
Mr M. Wey
Ms B. Schaer

“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Ms E. Petrova-Mitevska
Ms O. Vasilevska

TURKEY
Mr D. Batibay
Mr K. Esener
Ms N. Darama
Mrs B. Tuğ
Mr T. Oral
Mr T. Bilgiç
Mr B. Ulusoy

UKRAINE
Mr Y. Perelygin
Ms N. Shakuro

UNITED KINGDOM
Ms E. Fuller
Ms H. Mulvein
Ms P. Gordon

*

* *

EUROPEAN COMMISSION
Ms L. Pavan-Woolfe

*

* *

CANADA
-

HOLY SEE
Rev. F. Kolfhaus
-

JAPAN
Mr T. Kawada
Mr Y. Iizawa
-

MEXICO
-
Ms A.R. Arizmendi

UNITED STATES OF AMERICA
-

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to postpone the following items to one of their forthcoming meetings:

  7.1 Steering Committee for Education (CDED) – 6th meeting (Strasbourg, 12-14 March 2007) – Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on the religious dimension of intercultural education: principles, objectives and teaching approaches and its Explanatory Memorandum
  7.2 Steering Committee for Education (CDED)
b. Draft Recommendation CM/Rec(2008)…of the Committee of Ministers to member states on the use of the Council of Europe’s Common European Framework of Reference for Languages (CEFR) and the promotion of plurilingualism and its Explanatory Memorandum

2. agreed to add the following sub-items to the agenda of their 1029th meeting:

  2.1 Current political questions
b. Other questions
- Statement by the Representative of Georgia;
- Statement by the Representative of Slovenia;
- Statement by the Representative of “the former Yugoslav Republic of Macedonia”;

3. taking into account decisions 1 and 2 above, adopted the agenda of their 1029th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General and Deputy Secretary General
(SG/Com(2008)1029)

Decision

The Deputies took note of the communication by the Deputy Secretary General, as it appears in document SG/Com(2008)1029.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2008)8)

Decisions

The Deputies

Concerning access to Committee of Ministers’ documents

1. in follow-up of Chapter V of the Warsaw Action Plan, and with a view to further improving transparency of the work of the Committee of Ministers, encouraged the Secretariat to make more use of lower level classifications;

2. took note of the report of the meeting of the Bureau of 2 June 2008 (document CM/Bur/Del(2008)8) and approved the other recommendations contained therein.

Item 1.5

Conferences of Specialised Ministers – State of preparation
(CM/Inf(2008)25)

Decisions

The Deputies

a. Concerning the 8th Council of Europe Conference of Ministers responsible for Migration
(4-5 September 2008, Kyiv, Ukraine)

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

- European Committee on Legal Co-operation (CDCJ);
- European Committee for Social Cohesion (CDCS);
- Steering Committee for Culture (CDCULT);
- European Commission against Racism and Intolerance (ECRI);
- European Centre for Global Interdependence and Solidarity;
- Council of Europe Development Bank;
- Conference of INGOs of the Council of Europe;

2. further noted that the Council of the European Union would also be invited to the conference;

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

- Afghanistan;
- Australia;
- Bangladesh;
- Cape Verde;
- China;
- Congo;
- India;
- Iraq;
- Lebanon;
- Liberia;
- Libya;
- Nigeria;

- Pakistan;
- Morocco;
- Senegal;
- Vietnam;
- and the states of Central Asia (Kazakhstan, Kirghizstan, Uzbekistan, Tajikistan, Turkmenistan);

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

- United Nations Education, Scientific and Cultural Organisation (UNESCO);
- European Free Trade Association (EFTA);
- Office for Democratic Institutions and Human Rights (ODIHR-OSCE);
- Budapest Group;
- European Trade Union Confederation (ETUC);
- BusinessEurope (formerly UNICE);
- Churches’ Committee for Migrants in Europe (CCME);
- International Catholic Migration Commission (ICMC);
- European Association of Administrative Judges;
- International Federation of Red Cross and Red Crescent Societies;

b. Concerning the 29th session of the Council of Europe Conference of Ministers responsible for Family Affairs (16-17 June 2009, Vienna, Austria)

5. noted that the provisional theme of the conference would be: “Public policies supporting the wish to have children – societal, economic and personal factors”;

6. noted that the responsible body would be the Committee of Liaison Officers responsible for the conference.

Item 1.6

Co-operation between the Council of Europe and the European Union Agency for Fundamental Rights – Agreement between the Council of Europe and the European Community
(CM(2008)74 rev, CM/Del/Dec(2007)999bis/1.6a)

Decisions

The Deputies

1. took note of the approval by the Council of Ministers of the European Union of the Agreement between the Council of Europe and the European Community concerning the co-operation between the Council of Europe and the European Union Agency for Fundamental Rights, as set out in document CM(2008)74 rev, and approved this final text themselves;

2. authorised the Secretary General to sign this Agreement;

3. instructed their Rapporteur Group on External Relations (GR-EXT) to follow the implementation of the Agreement and to report back to them in due course.

Item 2.1a

Current political questions

a. Activities for the development and consolidation of democratic stability
- Moldova
- Montenegro
(GR-DEM(2008)CB6 rev, DPA/Inf(2008)12, SG/Inf(2008)9, DSP(2008)8)

Decisions

The Deputies

1. took note of the synopsis of the GR-DEM meeting held on 20 May 2008 (document
GR-DEM(2008)CB6 rev);

Concerning Moldova

2. approved the action plan to support the parliamentary elections scheduled in Moldova in 2009 (document DPA/Inf(2008)12);

3. called upon the authorities of Moldova to take all appropriate measures to ensure that these elections will be free and fair and, in this perspective, to submit the Electoral Code to the Venice Commission for expertise in due time before the parliamentary elections, as foreseen in the action plan;

4. instructed the Secretariat to report back to the GR-DEM on the implementation of the action plan in due course;

Concerning Montenegro

In the light of the second Secretariat report on the Republic of Montenegro concerning compliance with obligations and commitments and the implementation of the post-accession co-operation programme (document SG/Inf(2008)9):

5. welcomed the significant progress made by the Montenegrin authorities in meeting the accession commitments and obligations since the last report;

6. invited the authorities of Montenegro to continue to carry out, with the assistance of the Council of Europe, the necessary legislative and practical reforms in order to implement the new Constitution in line with the recommendations of the Venice Commission;

7. encouraged the authorities of Montenegro to continue implementing the recommendations of GRECO and to give particular consideration to guaranteeing the transparency and accountability of public administration at both national and local levels;

8. encouraged the authorities of Montenegro to ensure that the legislative framework for the media is in line with Council of Europe standards and that its implementation guarantees freedom of expression and the independence of the media;

9. called on the government and parliament of Montenegro to promptly ratify those Council of Europe conventions which were expected to be ratified within one year of accession;

10. invited the Montenegrin authorities to follow-up the recommendations contained in the second report;

11. approved the post-accession co-operation programme 2008-2010 for Montenegro (document DSP(2008)8) and instructed the Secretariat to report back to the GR-DEM on the implementation of the programme in due course.

Item 2.3

“State of human rights and democracy in Europe” –
Parliamentary Assembly Recommendation 1791 (2007)
(CM/AS(2008)Rec1791 prov6)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1791 (2007) on the “State of human rights and democracy in Europe”, as it appears at Appendix 2 to the present volume of Decisions.2

Item 2.4

“Honouring of obligations and commitments by Moldova” –
Parliamentary Assembly Recommendation 1810 (2007)
(CM/AS(2008)Rec1810 prov2)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1810 (2007) on the “Honouring of obligations and commitments by Moldova”, as it appears at Appendix 3 to the present volume of Decisions.3

Item 3.1a

Parliamentary Assembly – Standing Committee (Stockholm, 29 May 2008)

a. Communication of the Secretary General of the Parliamentary Assembly on the Standing Committee (Stockholm, 29 May 2008), on the 3rd Part of the Session 2008 (23-27 June 2008) and other Assembly activities
(SG-AS(2008)05)

Decision

The Deputies took note of the communication of the Secretary General of the Parliamentary Assembly on the Standing Committee (Stockholm, 29 May 2008), on the 3rd Part of the Session 2008 (23-27 June 2008) and other Assembly activities, as it appears in document SG-AS(2008)05.

Item 3.1b

Parliamentary Assembly – Standing Committee (Stockholm, 29 May 2008)

b. Texts adopted
(2008 Session (Provisional compendium of texts adopted))

Decisions

The Deputies

1. took note of the following opinions:

Opinion No. 268 (2008) – “Budgets of the Council of Europe for the financial year 2009”

Opinion No. 269 (2008) – “Expenditure of the Parliamentary Assembly for the 2009 financial year”

2. agreed to bear them in mind in the framework of their discussion on the draft Budget for 2009;

***

3. concerning Recommendation 1836 (2008) – “Realising the full potential of e-learning for education and training”

a. decided to bring it to the attention of their governments;
b. agreed to communicate it to the European Co-ordination Forum for the Council of Europe
Disability Action Plan 2006-2015 (CAHPAH), the European Committee on Migration
(CDMG) and to the Steering Committee for Equality between Women and Men (CDEG) for
information;

      c. agreed to communicate it to the Steering Committee for Education (CDED), the Steering Committee for Higher Education and Research (CDESR) and the Steering Committee on the Media and New Communication Services (CDMC) for information and possible comments by 31 October 2008;
      d. in the light of possible comments, 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;

*
* *

4. took note of the following resolutions:

Resolution 1612 (2008) – “Chemical munitions buried in the Baltic Sea”

Resolution 1613 (2008) – “Use of experience of the “truth commissions” ”

*
* *

5. adopted the following reply to the texts adopted by the Parliamentary Assembly at the Standing Committee (Stockholm, 29 May 2008):

      “The Committee of Ministers took note of Opinion Nos. 268 and 269 (2008), Recommendation 1836 (2008) and Resolutions 1612 to 1613 (2008) adopted by the Parliamentary Assembly at its Standing Committee (Stockholm, 29 May 2008).

      The Committee of Ministers brought Recommendation 1836 (2008) to the attention of the governments of member states and entrusted it to the competent organs and/or committees of experts for information or comments and to the relevant Rapporteur Group with a view to preparing a draft reply for adoption at an early date.”

Item 3.2a,b

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

a. Written Question No. 546 by Mr Lindblad: “Chinese intimidation in Europe”
(CM/AS(2008)Quest546)

b. Written Question No. 547 by Mr Cilevičs: “Implementation of the judgment of the European Court of Human Rights on the right to association for national minorities in Bulgaria”
(CM/AS(2008)Quest547)

Decisions

The Deputies

1. instructed the Secretariat to prepare draft replies to Written Questions Nos. 546 and 547 in light of the views expressed at the present meeting;

2. agreed to resume consideration of these questions at one of their forthcoming meetings.

Item 3.3

Preparation of the Joint Committee (Strasbourg, 26 June 2008)

Decisions

The Deputies

1. took note of the draft agenda as proposed by the Bureau of the Parliamentary Assembly;

2. considered, for their part, that the three following items should be discussed at the Joint Committee:

- the European Court of Human Rights: current and future developments;
- the core objectives of the Council of Europe;
- the Council of Europe and the situation in Belarus;

3. invited their Chair to reply accordingly to the letter of the President of the Parliamentary Assembly dated 2 June 2008.

Item 4.1a

Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) –
Group of Experts on Action against Trafficking in Human Beings (GRETA) –
Draft Resolution CM/Res(2008)… on rules on the election procedure of the members of the
Group of Experts on Action against Trafficking in Human Beings (GRETA)
(CM(2008)79 rev)

Decisions

The Deputies, in accordance with Article 36.4 of the Council of Europe Convention on Action against Trafficking in Human Beings,

1. adopted Resolution CM/Res(2008)7 on rules on the election procedure of the members of the Group of Experts on Action against Trafficking in Human Beings (GRETA), as it appears at Appendix 4 to the present volume of Decisions;

2. instructed the Chair to inform the Committee of the Parties of the concerns expressed at the present meeting to ensure the best possible representation within GRETA of the qualifications requested in Article 36 of the convention. In this context, some delegations considered that it would be advisable for the Committee of the Parties:

- not to fill all seats of GRETA during the first election;

- to re-examine the situation, and possibly fill any remaining seats, within one year from the first election, in the light of the state of ratifications at that date.

Item 4.1b

Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) –
Thematic exchange of views on current and future action against trafficking in human beings
(CM/Inf(2008)28)

Decisions

The Deputies,

Following the exchange of views held during their thematic debate on current and future Council of Europe action against trafficking in human beings,

1. called on member and observer states which have not yet done so to sign and ratify the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197);

2. called for effective implementation of the convention and reiterated the important role of the Group of Experts on Action against Trafficking in Human Beings (GRETA) in monitoring this implementation;

3. agreed to hold an annual discussion on the implementation of the convention and other Council of Europe action against trafficking in human beings, with the participation of the Chair of GRETA, as appropriate;

4. agreed to declassify document CM/Inf(2008)28 which provides an overview of Council of Europe action against trafficking in human beings.

Item 4.2a,b

Framework Convention for the Protection of National Minorities

a. Draft Resolution CM/ResCMN(2008)… on the implementation of the Framework Convention for the Protection of National Minorities by Austria
(GR-H(2008)9)

b. Draft Resolution CM/ResCMN(2008)… on the implementation of the Framework Convention for the Protection of National Minorities by Sweden
(GR-H(2008)14)

Decisions

The Deputies

1. adopted Resolution CM/ResCMN(2008)3 on the implementation of the Framework Convention for the Protection of National Minorities by Austria, as it appears at Appendix 5 to the present volume of Decisions;

2. adopted Resolution CM/ResCMN(2008)4 on the implementation of the Framework Convention for the Protection of National Minorities by Sweden, as it appears at Appendix 6 to the present volume of Decisions.

Item 4.3

Framework Convention for the Protection of National Minorities –
Outline for the state reports to be submitted under the third monitoring cycle
(GR-H(2008)11 rev)

Decision

The Deputies approved the outline for state reports under the third monitoring cycle of the Framework Convention for the Protection of National Minorities, as it appears in document GR-H(2008)11 rev.

Item 7.1

Steering Committee for Education (CDED) – 6th meeting (Strasbourg, 12-14 March 2007) –
Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on the religious dimension of intercultural education: principles, objectives and teaching approaches and its Explanatory Memorandum

This item was postponed under item 1.1.

Item 7.2

Steering Committee for Education (CDED)

a. Abridged report of the 7th plenary meeting (Strasbourg, 10-12 March 2008)
b. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on the use of the Council of Europe’s Common European Framework of Reference for Languages (CEFR) and the promotion of plurilingualism and its Explanatory Memorandum
c. Draft terms of reference of the Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR)
d. Draft terms of reference of the Ad hoc Advisory Group on History Teaching (ED-HIST)
e. Draft terms of reference of the European Language Portfolio Validation Committee (ED-EVC)
(CM(2008)64, CM(2008)64 add)

Decisions

The Deputies

1. adopted the terms of reference of the Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR), as they appear at Appendix 7 to the present volume of Decisions;

2. adopted the terms of reference of the Ad hoc Advisory Group on History Teaching (ED-HIST), as they appear at Appendix 8 to the present volume of Decisions;

3. adopted the terms of reference of the European Language Portfolio Validation Committee (ED-EVC), as they appear at Appendix 9 to the present volume of Decisions;

4. taking account of decisions 1 to 3 above, and with the understanding that their Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will resume consideration of draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on the use of the Council of Europe’s Common European Framework of Reference for Languages (CEFR) and the promotion of plurilingualism (CM(2008)64 Appendix 4) at one of its forthcoming meetings, took note of the abridged report of the 7th plenary session of the Steering Committee for Education (CDED), as it appears in document CM(2008)64, as a whole.

Item 7.3

Steering Committee for Higher Education and Research (CDESR) –
Abridged report of the 7th plenary session (Strasbourg, 6-7 March 2008)
(CM(2008)63)

Decision

The Deputies took note of the abridged report of the 7th plenary session of the Steering Committee for Higher Education and Research (CDESR), as it appears in document CM(2008)63.

Item 10.1

Committee of Experts on Terrorism (CODEXTER)

a. Abridged report of the 14th meeting (Strasbourg, 7-9 April 2008)
b. Opinion of CODEXTER on Parliamentary Assembly Recommendation 1824 (2008) “United Nations Security Council and European Union blacklists”
c. Updating the treaty list appended to the Council of Europe Convention on the Prevention of Terrorism
(CM(2008)70, DD(2008)328)

Decisions

The Deputies

1. took note of the opinion on Recommendation 1824 (2008) of the Parliamentary Assembly “United Nations Security Council and European Union blacklists”, prepared by the Committee of Experts on Terrorism (CODEXTER), as it appears in document CM(2008)70, Appendix 2, and of the fact that it will be used in preparing the reply to the Assembly recommendation;

2. upon the invitation of the CODEXTER, decided to apply the procedure for the updating the treaty list appended to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196), with a view to amending it by adding the International Convention for the Suppression of Acts of Nuclear Terrorism;

3. instructed the Secretary General to communicate to the Parties to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) the amendment proposal contained in paragraph 2 above, with a view to its adoption at one of their forthcoming meetings;

4. took note of the abridged report 14th meeting of the CODEXTER, as it appears in document CM(2008)70, as a whole.

Item 10.2

“Co-operation between the Assembly and the Conference of INGOs” –
Parliamentary Assembly Recommendation 1820 (2007)
(REC_1820 (2007), CM/AS(2008)Rec1820 prov2)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1820 (2007) on “Co-operation between the Assembly and the Conference of INGOs”, as it appears at Appendix 10 to the present volume of Decisions.4

Item 10.3

“Towards decriminalisation of defamation” –
Parliamentary Assembly Recommendation 1814 (2007)
(REC_1814 (2007), CM/AS(2008)Rec1814 prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1814 (2007) on “Towards decriminalisation of defamation”, as it appears at Appendix 11 to the present volume of Decisions.5

Item 10.4

“Prostitution – Which stance to take?” –
Parliamentary Assembly Recommendation 1815 (2007)
(REC_1815 (2007), CM/AS(2008)Rec1815 prov2 and DD(2008)348)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1815 (2007) on “Prostitution – Which stance to take?”, as it appears at Appendix 12 to the present volume of Decisions.6

Item 10.5

“Situation of longstanding refugees and displaced persons in South-Eastern Europe” –
Parliamentary Assembly Recommendation 1802 (2007)
(REC_1802 (2007), CM/AS(2008)Rec1802 prov3)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1802 (2007) on the “Situation of longstanding refugees and displaced persons in South-Eastern Europe”, as it appears at Appendix 13 to the present volume of Decisions.7

Item 11.1

Pension Reserve Fund –
3rd report of the Management Board to the Committee of Ministers
(CM(2008)57)

Decisions

The Deputies

1. agreed to the Management Board's proposal that European real estate replace global real estate in the investment guidelines approved at their 1001st meeting (5 July 2007, item 11.1);

2. took note of the 3rd report of the Management Board of the Pension Reserve Fund, as it appears in document CM(2008)57, as a whole.

Item 11.2

Member states’ contributions to the 2008 budget of the Partial Agreement on the Youth Card –
Revising Resolution CM/Res(2007)47
(CM(2008)72)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement on the Youth Card,8

1. approved the revised Table C of member states’ contributions to the budget of the Youth Card for 2008, as it appears at Appendix 14 to the present volume of Decisions, which cancels and replaces Table C as appended to Resolution CM/Res(2007)47;

2. noted that revised calls for contributions would be issued in respect of those member states whose contributions are modified and that the provisions of Article 12 of the Financial Regulations concerning due dates for payment of contributions and the payment of penalty interest will apply as from the date of issue of the revised calls for contributions.

Appendix 1
(Item 1.1)

1029 Meeting of the Ministers' Deputies
(Strasbourg, 11 (10 a.m.) June 2008)


Agenda

1. General questions
1.1 Adoption of the agenda

(CM/Del/OJ(2008)1029)

1.2 Preparation of forthcoming meetings
1.3 Communication from the Secretary General and the Deputy Secretary General

(SG/Com(2008)1029)
1.4 Report of the Bureau

(CM/Bur/Del(2008)8)
1.5 Conferences of Specialised Ministers – State of preparation

(CM/Inf(2008)25)
(CM/Notes/1029/1.5 of 30.5.2008)

1.6 Co-operation between the Council of Europe and the Agency for Fundamental Rights of the European Union – Draft Agreement between the Council of Europe and the European Community

(CM/Del/Dec(2007)999bis/1.6a and CM(2008)74 rev)
(CM/Notes/1029/1.6 of 23.5.2008)

2. Democracy and political questions
2.1 Current political questions

a. Activities for the development and consolidation of democratic stability
- Moldova
- Montenegro

(Item prepared by the GR-DEM on 20.5.2008)

(GR-DEM(2008)CB6 rev, DPA/Inf(2008)12, SG/Inf(2008)9 and DSP(2008)8)
(CM/Notes/1029/2.1 of 26.5.2008)

b. Other questions
- Statement by the Representative of Georgia
- Statement by the Representative of Slovenia
- Statement by the Representative of “the former Yugoslav Republic of Macedonia”

2.2 Situation in Cyprus
2.3 “State of human rights and democracy in Europe” –
Parliamentary Assembly Recommendation 1791 (2007)
(Item prepared by the GR-DEM on 20.5.2008)

(REC_1791 (2007) and CM/AS(2008)Rec1791 prov6)
(CM/Notes/1029/2.3 of 26.5.2008)

2.4 “Honouring of obligations and commitments by Moldova” –
Parliamentary Assembly Recommendation 1810 (2007)
(Item prepared by the GR-DEM on 20.5.2008)

(REC_1810 (2007) and CM/AS(2008)Rec1810 prov2)
(CM/Notes/1029/2.4 of 26.5.2008)

3. Parliamentary Assembly
3.1 Communication by the Secretary General of the Assembly

a. Preparation of the 3rd Part of the 2008 Session (Strasbourg, 23-27 June 2008) and other Parliamentary Assembly activities

b. Standing Committee (Stockholm, 30 May 2008) and adopted texts

(SG/AS(2008)5 and 2008 Session (Provisional compendium of texts adopted))
(CM/Notes/1029/3.1 of 6.6.2008)

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

a. Written Question No. 546 by Mr Lindblad: “Chinese intimidation in Europe”

(CM/AS(2008)Quest546)

b. Written Question No. 547 by Mr Cilevičs: “Implementation of the judgment of the European Court of Human Rights on the right to association for national minorities in Bulgaria”

(CM/AS(2008)Quest547)

(CM/Notes/1029/3.2ab of 26.5.2008)

3.3 Preparation of the Joint Committee (Strasbourg, 26 June 2008)

(CM/Notes/1029/3.3 of 5.6.2008)

4. Human rights
4.1 Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197)

a. Group of Experts on Action against Trafficking in Human Beings (GRETA) –
Draft Resolution CM/Res(2008)… on rules on the election procedure of the members of the
Group of Experts on action against Trafficking in Human Beings (GRETA)
(Item prepared by the TC-EG)

(CM(2008)79 rev of 2.6.2008)
(CM/Notes/1029/4.1a of 2.6.2008)

b. Thematic exchange of views on current and future action against trafficking in human beings

(CM/Inf(2008)28)
(CM/Notes/1029/4.1b of 6.6.2008)

4.2 Framework Convention for the Protection of National Minorities

a. Draft Resolution CM/ResCMN(2008)… on the implementation of the Framework Convention for the Protection of National Minorities by Austria
(Item prepared by the GR-H on 13.5.2008)

(GR-H(2008)9)

  b. Draft Resolution CM/ResCMN(2008)… on the implementation of the Framework Convention for the Protection of National Minorities by Sweden
(Item prepared by the GR-H on 29.4.2008)

(GR-H(2008)14)

(CM/Notes/1029/4.2 of 26.5.2008)

4.3 Framework Convention for the Protection of National Minorities –
Outline for the state reports to be submitted under the third monitoring cycle
(Item prepared by the GR-H on 29.4.2008)

(GR-H(2008)11 rev)
(CM/Notes/1029/4.3 of 26.5.2008)

7. Education and culture
7.1 Steering Committee for Education (CDED) – 6th meeting (Strasbourg, 12-14 March 2007) –
Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on the religious dimension of intercultural education: principles, objectives and teaching approaches and its Explanatory Memorandum
(Item to be prepared by the GR-C)

(CM(2007)119 and CM(2007)119 add1)

(Item postponed)
7.2 Steering Committee for Education (CDED)

a. Abridged report of the 7th plenary meeting (Strasbourg, 10-12 March 2008)

b. Draft Recommendation CM/Rec(2008)…of the Committee of Ministers to member states
on the use of the Council of Europe’s Common European Framework of Reference for Languages (CEFR) and the promotion of plurilingualism and its Explanatory Memorandum

(Sub-item b. postponed)
  c. Draft terms of reference of the Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR)

d. Draft terms of reference of the Ad hoc Advisory Group on History Teaching (ED-HIST)

e. Draft terms of reference of the European Language Portfolio Validation Committee
(ED-EVC)

(Item prepared by the GR-C on 20.5.2008)

(CM(2008)64 and CM(2008)64 add)
(CM/Notes/1029/7.2 of 22.5.2008)

7.3 Steering Committee for Higher Education and Research (CDESR) –
Abridged report of the 7th plenary session (Strasbourg, 6-7 March 2008)
(Item prepared by the GR-C on 20.5.2008)

(CM(2008)63)
(CM/Notes/1029/7.3 of 22.5.2008)

10. Legal questions
10.1 Committee of Experts on Terrorism (CODEXTER)

a. Abridged report on the 14th meeting (Strasbourg, 7-9 April 2008)

b. Opinion of Parliamentary Assembly Recommendation 1824 (2008) “United Nations Security Council and European Union blacklists”

c. Updating the treaty list appended to the Council of Europe Convention on the Prevention of Terrorism

(Item prepared by the GR-J on 27.5.2008)

(CM(2008)70 and DD(2008)328)
(CM/Notes/1029/10.1 of 30.5.2008)

10.2 “Co-operation between the Assembly and the Conference of INGOs” –
Parliamentary Assembly Recommendation 1820 (2007)
(Item prepared by the GR-J on 27.5.2008)

(REC_1820 (2007) and CM/AS(2008)Rec1820 prov2)
(CM/Notes/1029/10.2 of 29.5.2008)
10.3 “Towards decriminalisation of defamation” –
Parliamentary Assembly Recommendation 1814 (2007)
(Item prepared by the GR-J on 27.5.2008)

(REC_1814 (2007) and CM/AS(2008)Rec1814 prov)
(CM/Notes/1029/10.3 of 28.5.2008)

10.4 “Prostitution – Which stance to take?” –
Parliamentary Assembly Recommendation 1815 (2007)
(Item prepared by the GR-J on 27.5.2008)

(REC_1815 (2007) and CM/AS(2008)Rec1815 prov2)
(CM/Notes/1029/10.4 of 2.6.2008)

10.5 “Situation of longstanding refugees and displaced persons in South-Eastern Europe” –
Parliamentary Assembly Recommendation 1802 (2007)
(Item prepared by the GR-J on 27.5.2008)

(REC_1802 (2007) and CM/AS(2008)Rec1802 prov3)
(CM/Notes/1029/10.5 of 2.6.2008)

11. Administration and logistics
11.1 Pension Reserve Fund –
3rd report of the Management Board to the Committee of Ministers
(Item prepared by the GR-AB on 15.5.2008)

(CM(2008)57)
(CM/Notes/1029/11.1 of 16.5.2008)

11.2 Member states’ contributions to the 2008 budget of the Partial Agreement on the Youth Card
(Item prepared by the GR-AB on 15.5.2008)

(CM(2008)72)
(CM/Notes/1029/11.2 of 16.5.2008)

13. Any other business

Appendix 2
(Item 2.3)

Reply to Parliamentary Assembly Recommendation 1791 (2007) on the
“State of human rights and democracy in Europe”

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

1. The Committee of Ministers welcomes the Parliamentary Assembly’s initiative of holding regular debates on the state of human rights and democracy in Europe and praises the quality of the reports presented and the debates held on the subject during the Assembly’s April 2007 Session. It also notes the very substantive nature of the recommendation submitted to it by the Assembly, which covers a very broad range of questions deserving maximum attention.

2. The Committee of Ministers recalls that, like the Parliamentary Assembly, it attaches particularly great importance to member states’ compliance with Council of Europe values and standards in the field of human rights and democracy, and in particular those provided for by the European Convention on Human Rights. It also reiterates its determination to ensure, in line with the decisions taken at the Warsaw Summit, that the Council of Europe focuses on its core objective of preserving and promoting human rights, democracy and the rule of law and that all its activities contribute to that fundamental objective. It is in the light of this objective that it adopted the Warsaw Declaration and Action Plan, the full implementation of which is a shared responsibility of each member state and the Organisation. The Programme of Activities for 2008 follows this perspective; it very largely covers the issues deemed priorities by the Parliamentary Assembly.

3. With regard to the Parliamentary Assembly’s comments concerning the state of human rights in Europe (paragraphs 2 to 15 of the Assembly recommendation), the Committee of Ministers shares the concerns expressed, in particular regarding enforced disappearances, extrajudicial killings, torture and ill-treatment. It is determined to take all steps within its power to deal with them, in the context of the priorities set at the Warsaw Summit. In this connection, it recalls the decisions taken at the Ministerial Session of May 2007 in terms of guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights and reinforcing the institution of the Council of Europe Commissioner for Human Rights, as well as the pledge to provide the monitoring mechanisms of the Council of Europe, including the European Committee for the Prevention of Torture and the European Commission against Racism and Intolerance, with the necessary means to carry out their work. It reiterates the importance which it attaches to member states co-operating in full with these monitoring mechanisms and, as regards the CPT, to the systematic publication by member states of the reports which concern them.

4. More specifically, the Committee of Ministers wishes to indicate the following:

a. with regard to the alleged secret detentions and unlawful inter-state transfers, it refers the Parliamentary Assembly to the reply it gave on 27 September 2006 to Assembly Recommendation 1754 (2006) and that adopted on 16 January 2008 in response to Recommendation 1801 (2007);

b. with regard to impunity, this is indeed an issue of major concern, which it has already addressed in connection with monitoring of the execution of the judgments of the European Court of Human Rights. The Steering Committee for Human Rights (CDDH) will be invited to study the feasibility of the guidelines proposed by the Assembly, in conjunction with the European Committee on Crime Problems (CDPC);

c. with regard to the human rights situation in Belarus and in areas within Council of Europe member states where obstacles exist to the effective implementation of the European Convention on Human Rights, the Committee of Ministers recalls that the Council of Europe Heads of State and Government referred specifically to the subject in the Declaration adopted at the Warsaw Summit. They took note that pan-European unity within the Council of Europe was almost complete, based on the shared values enshrined in the Statute of the Organisation: democracy, human rights and the rule of law. Thus they indicated that they looked forward to the day when Belarus is ready to meet the conditions governing accession to the Council of Europe. At the Ministerial Session of May 2007, the Ministers reiterated the concerns expressed at the Summit on unresolved conflicts that still affect certain parts of the continent and expressed their determination to ensure that the persons concerned be able to enjoy the protection of the rights guaranteed by the European Convention on Human Rights. Reference must finally be made to the Action Plan for Belarus, the implementation of which is regularly monitored by the Rapporteur Group on Democracy, as well as to the initiatives of the Slovak Chairmanship of the Committee of Ministers concerning Belarus;

d. Lastly, with regard to the Assembly’s proposal that the Committee of Ministers join with it in giving consideration to a specific mechanism for reacting effectively to allegations of systematic human rights abuses, the existing mechanisms such as the Commissioner for Human Rights must be borne in mind. Before considering the establishment of any new mechanism, a preliminary stage should consist of determining, in conjunction with the said mechanisms, whether there is a need for such an additional mechanism. The Committee of Ministers will inform the Assembly in due course of the outcome of its reflection on the matter.

5. With regard to the Assembly’s other recommendations concerning the protection of human rights, the Committee of Ministers refers to the comments by the Steering Committee for Human Rights (see
Appendix 1), indicating that the Assembly will be kept informed of the latter’s work.

6. With regard to the Assembly’s recommendations on the situation of democracy in Europe, the Committee of Ministers points out that at the Warsaw Summit, the Heads of State and Government of the Council of Europe underlined the importance of effective democracy and good governance at all levels, which can only be achieved through the active involvement of citizens and civil society, as well as through equal participation of women and men. This means that member states must establish transparent and democratically responsible institutions and encourage people to take part in not only elections but also public affairs between elections. The Committee of Ministers considers this action all the more important given that effective human rights protection is closely linked to democracy and respect for the rule of law.

7. It was with this in mind that, at the Ministerial Session of May 2007, the Ministers reaffirmed their commitment to reinforce Council of Europe action for democracy and good governance. In this connection, the Committee of Ministers attaches special importance to the activities of the Forum for the Future of Democracy and its follow-up, with the involvement of all the parties concerned, including the Parliamentary Assembly. Activities concerning local and regional democracy and e-democracy and in the non-governmental organisation sector, as well as for the promotion of education in democratic citizenship are among the areas of special importance for a coherent strengthening of democracy and good governance.

8. With regard to the Assembly’s recommendation that guidelines be drawn up on “the elimination of deficits in the functioning of democratic institutions” (paragraph 17 of the recommendation), the Committee of Ministers has decided to refer consideration of the matter to the Venice Commission.

9. With regard to the Assembly’s proposal that the work on nationality law be reintroduced in the Programme of Activities, the Committee of Ministers informs the Parliamentary Assembly that the subject remains one of the concerns of the European Committee on Legal Co-operation (CDCJ). The issues of statelessness, in particular in the case of children, will remain a priority standard-setting activity for the CDCJ in the years ahead, as foreseen by the terms of reference of the Group of Specialists on Nationality (CJ-S-NAT) adopted by the Committee of Ministers on 30 January 2008.

10. The proposal to develop a legally binding instrument in the field of democratic elections has been discussed by the Ministers’ Deputies’ Rapporteur Group on Legal Co-operation (GR-J). Supported by one delegation, this proposal has been rejected by the other delegations, considering that it would be preferable to focus on the implementation of the existing instruments on electoral standards, in particular the Code of Good Practice in Electoral Matters drawn up by the Venice Commission as well as the body of commitments subscribed to by the member states of the OSCE, in particular the Copenhagen document of 1990.

11. As for the work on democracy and good governance in the information society, the Committee of Ministers draws the Parliamentary Assembly’s attention to the work of the Ad hoc Committee on
E-Democracy (CAHDE) set out in Appendix 2.

12. With regard to the Council of Europe’s unique place in the European institutional architecture on the basis of its core values of democracy, human rights and the rule of law, the Committee of Ministers recalls that the Memorandum of Understanding concluded in spring 2007 with the European Union provides that “the Council of Europe will remain the benchmark for human rights, the rule of law and democracy in Europe. The participants at the 25th Council of Europe/European Union Quadripartite Meeting held in Strasbourg on 23 October 2007 reasserted their commitment to implementing the Memorandum of Understanding in order to enhance co-operation on topics of common interest, including through joint projects.

13. Lastly, with regard to the Assembly’s call to establish a specific mechanism on freedom of expression and the media, the Steering Committee on the Media and New Communication Services (CDMC) has begun considering the matter. The Assembly will be informed in due course of the outcome of the work and any decisions which the Committee of Ministers might take in this connection. It reaffirms the particular importance which it attaches to the respect for freedom of expression and information by member states. It recalls at the same time the need to respect existing mechanisms in the same field, avoid unnecessary duplication and develop synergies. In this respect, it underlines the specific role which the Commissioner for Human Rights can play in this area, in accordance with the mandate which he has been given. Finally, the Committee of Ministers notes the role of the European Court of Human Rights in ensuring that the legislation of member states complies with the requirements of Article 10 of the Convention.

Appendix 1 to the reply

Comments of the Steering Committee for Human Rights (CDDH) on Parliamentary Assembly Recommendation 1791 (2007)

1. The Steering Committee for Human Rights (CDDH) warmly welcomes Parliamentary Assembly Recommendation 1791 (2007) – “State of human rights and democracy in Europe”, which, with Resolution 1547 (2007), is yet another illustration of the important initiating and stimulating role that the Assembly plays in the dynamics of the Council of Europe’s work in the human rights field. These political texts provide a clear overview of what has been achieved in the field of human rights and the challenges with which Europe is confronted in this area. They show the way forward to actively respect human rights and democracy on our continent. In particular, by requiring Europe to have zero tolerance for human rights violations, the recommendation and resolution provide most useful food for thought as regards priorities to be set for intergovernmental co-operation in the field for the years to come. In this sense, these comments to Recommendation 1791 (2007) – which just focus on issues which fall within the remit of the terms of reference of the CDDH – should be seen only as a first response to the many ideas and proposals formulated by the Assembly.

I. The state of human rights in Europe

2. Overall the CDDH takes on board the analyses and orientations proposed by the Assembly in the recommendation and resolution and concurs that follow-up should be given to the human rights issues raised therein, as appropriate. (see § 2.1)

3. The CDDH strongly endorses the necessity to fully and speedily implement the 2005 Warsaw Summit Declaration and Action Plan. (see § 2.2)

4. The CDDH believes it essential that the Council of Europe’s work on awareness raising and its programmes of co-operation and assistance should be reinforced, as does the Parliamentary Assembly. It recalls the relevance of Recommendation Rec(2004)4 of the Committee of Ministers concerning the European Convention on Human Rights in university education and professional training, developed within the CDDH and the implementation of which it is reviewing. The CDDH also highlights its contribution to the drafting of a feasibility study on a political framework document on education of democratic citizenship and human rights.9 (see § 2.3).

5. The CDDH recalls that it has already drafted a study on legal and technical questions concerning accession of the EU/European Community to the European Convention on Human Rights.10 The proposed EU Reform Treaty may also have relevant implications. The CDDH reiterates its readiness to carry out further work in connection with this issue. (see § 2.5)

6. The CDDH endorses the need to strengthen political support for the European Court of Human Rights and agrees with the Assembly on the measures that the latter recommends to this end. In this regard, the CDDH recalls that as requested by the Ministers’ Deputies, it is preparing for April 2008 a detailed report on the follow-up to the Committee of Ministers’ Declaration on sustained action to ensure the effectiveness of the implementation of the European Convention on Human Rights at national and European levels. Furthermore, in July 2007, the Deputies also requested the CDDH to thoroughly examine concrete follow-up to the recommendations contained in the Wise Persons’ report to the Committee of Ministers (November 2006) and to examine any other relevant proposal liable to contribute to the consolidation of the human rights protection system established by the Convention. The CDDH will present an interim report by April 2008, stressing proposed measures that may be adopted without amending the Convention. A subsequent report on proposals requiring amendments to the Convention will be presented by April 2009. Finally, the CDDH is also to evaluate the first effects following Protocol No. 14 during the first year of its entry into force and to report on this to the Deputies. (see § 2.6)

7. The CDDH also agrees with the Assembly that political support for the Council of Europe’s other supervisory and monitoring mechanisms as well as the institution of the Commissioner for Human Rights, should be strengthened. It recalls the role outlined for the latter in its report on the protection of human rights during armed conflict as well as during internal disturbances and tensions11 and in the framework of its ongoing discussions on human rights defenders. (see §§ 2.6-2.7)

8. As the Assembly, the CDDH agrees on the need for adequate political response by the Committee of Ministers to most serious human rights violations and emphasises that the Court and other monitoring mechanisms, cannot be left to deal with such violations on their own and that the Committee of Ministers should strengthen its political support. In this regard, the CDDH endorses that the Committee of Ministers should call on member states to consider signing and ratifying the new UN Convention for the Protection of all Persons from Enforced Disappearances. It also agrees that member states should be called on to fully co-operate with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and to systematically publish its reports. (see §§ 3-3.2)

9. As to allegations of secret detentions and unlawful interstate transfers, the CDDH agrees with the Assembly that there is a need to examine any possible problems of human rights in this area. It will address these issues in separate comments, which the Committee of Ministers has requested it on Parliamentary Assembly Recommendations 1754 (2006) and 1801 (2007). (see § 3.3)

10. The CDDH shares the views of the Assembly on the usefulness of guidelines to member states addressing the issue of the impunity which perpetrators of certain serious human rights violations enjoy in certain member states. Such an instrument, drawing from, inter alia, the case law of the European Court of Human Rights, would send a clear signal of Europe’s willingness to end impunity of human rights violations and would have a real added value not only to member states, but also beyond our continent. The CDDH expresses its readiness to contribute to such drafting, in co-operation in particular with the Steering Committee for Criminal Problems (CDPC). (see § 4)

11. As to the need to support human rights defenders in Europe and to ensure the existence of effective mechanisms of protection in urgent cases, the CDDH recalls that in 2006 the Council of Europe organised a colloquy specifically on this topic. This event enabled the identification of obstacles faced by human rights defenders at national level and the definition of measures to be taken so as to encourage and promote their action and to ensure the existence of efficient protection mechanisms in urgent cases. In April 2007, the CDDH noted the activity report on Council of Europe action to improve the protection of human rights defenders and promote their activities, developed by a specific working group. The final report contains concrete proposals for Council of Europe action in this field and a Declaration. (see § 5)

12. Bearing in mind the existing mechanisms (e.g. Article 52, the Commissioner for Human Rights, etc.), the CDDH recognises that further consideration should be given to the available ways and means to react rapidly and effectively to allegations of systematic human rights abuse. In this context, it expresses its readiness to the Committee of Ministers to examine, in close co-operation with the Assembly, the advisability of a mechanism with appropriate investigative powers. (see § 7)

13. As to terrorism, further to the drafting of Guidelines on the protection of human rights in the fight against terrorism, adopted by the Committee of Ministers in July 2002, the CDDH developed another series of guidelines on the protection of victims of terrorist attacks (March 2005). These instruments have become references on the subject matter. The CDDH also recalls that the seminar it organised in June 2005 on the protection of human rights in the fight against terrorism meant these aspects could be developed further in order to help member states fully implement the guidelines. The CDDH highlights that its current workload prevents it from embarking on a large scale undertaking such as a regular monitoring of member states’ legislation and practice in this area as advocated by the Assembly. However, this undertaking might be reconsidered in a year, after the completion of some of its ongoing priority activities. (see § 8)

14. The CDDH agrees with the Assembly that Council of Europe activities in the fight against discrimination should be reinforced. In this regard, it recalls its contribution through the drafting of Protocol No. 12 to the European Convention on Human Rights and welcomes the Committee of Ministers' call on member states to consider signing and ratifying this instrument. As to the respect and acceptance of diversity, the CDDH is carrying out work to ensure that law and policy in multicultural societies are based on the Council of Europe’s human rights standards. This work12 has already contributed to the preparation of the Council of Europe’s future White Paper on Intercultural Dialogue. (see § 9)

15. The CDDH also plays an active part in the field of protection of national minorities through its Committee of Experts DH-MIN,13 which provides an appropriate forum for the exchange of information and experience in policies and good practices regarding the protection of these minorities. This committee is currently examining topical themes such as access of national minorities to new media, or the promotion of use of native languages in minority communities. It is also examining a proposal to deal with the issue of the use of existing binding and non-binding instruments concerning the protection of national minorities and non-discrimination in relation to new communities. (see § 9)

16. Like the Assembly, the CDDH considers that, to further improve the protection of fundamental social and economic rights, all member states should consider signing and/or ratifying the Revised European Social Charter (ETS No. 163) and ensuring full compliance with it, and accepting the Charter's collective complaints procedure, and also consider EU accession to this Charter. As for the CDDH, it drafted Recommendation No. R (2000) 3 on the Right to the satisfaction of basic material needs of persons in situations of extreme hardship, which was adopted by the Committee of Ministers in January 2000, and, since its adoption, has initiated exchanges of views on the issue of the possible protection of certain social rights within the framework of the European Convention on Human Rights. It keeps abreast of developments in the field of social rights within the various bodies of the Council of Europe, as well as in the framework of the European Union and the United Nations. (see § 10)

17. Among the persons in particularly vulnerable situations referred to by the Assembly, the CDDH is currently focusing on the protection of the human rights of persons subject to accelerated asylum procedures. It is considering drafting guidelines in this area, mainly on the basis of extensive information that it is in the process of collecting on the legal situation and practices of member states relating to these issues. Moreover, as the Assembly, the CDDH agrees that the issue of rights of irregular immigrants deserves further consideration and expresses its willingness to contribute to work in this field. (see §§ 11-12)

18. The very serious problems mentioned by the Assembly concerning violence towards women, including domestic violence, are being handled in particular by the Steering Committee for equality between women and men (CDEG). In relation to the Assembly’s invitation to develop an effective strategy to eliminate forced and child marriages, it should be noted that Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence defines forced marriages as a form of violence against women and calls on member states to prohibit such marriages, including early marriages. Furthermore, the CDEG has closely examined this issue, including child and early marriages, in 28 member states in its study on “Forced marriages in Council of Europe member states – a comparative study of legislation and political initiatives”.14 The study concludes with a set of recommended action in various fields, thereby proposing a strategy to effectively eliminate this practice. The body overseeing implementation of the ongoing Council of Europe Campaign to Combat Violence against Women, including Domestic Violence, is the Council of Europe Task Force to Combat Violence against Women, including Domestic Violence.15 In line with its terms of reference, it will present a final activity report to the Committee of Ministers for consideration at the end of the Campaign in June 2008. This report will contain conclusions and assessments of measures and actions taken at national level to combat violence against women, including domestic violence within the framework of the Campaign as well as its recommendations to the Council of Europe for future action in this field. These recommendations will provide the Committee of Ministers with a base on which to further define the necessary measures to combat violence against women. The CDDH expresses its readiness to contribute from its human rights perspective to intergovernmental work which might be conducted in this field. (see § 13)

19. As regards the Assembly’s recommendation concerning measures intended to guarantee the right to a healthy, viable and decent environment,16 the CDDH recalls work that it carried out which resulted in the publication of the manual “Human rights and the environment – principles emerging from the case law of the European Convention on Human Rights”, intended to shed light on the relationship between human rights and the environment and thereby to contribute to strengthening environmental protection at the national level. The manual shows that the Convention already indirectly offers, through Convention rights, a certain degree of protection regarding environmental matters. The CDDH would welcome it if the Committee of Ministers encouraged member states to have the manual translated and distributed to all competent national authorities. (see § 14)

20. The CDDH fully shares the view of the Assembly that the effectiveness of Council of Europe conventions in the human rights field is considerably reduced by reservations or restrictive interpretative declarations. In 2008, the CDDH resolves to include in its regular ‘tour de tables’ on the status of signatures and ratifications of Protocols No. 12, 13 and 14 to the Convention, exchanges of information on reservations or restrictive interpretative declarations made by member states at the time of signature/ratification of these Protocols. In this context, the CDDH feels obliged to point out a most pressing concern: Protocol No. 14 should be ratified by the one sole member state, the Russian Federation, that has not yet done so, as the non-entry into force of this Protocol is adversely affecting the effectiveness of the Convention.

II. The state of democracy in Europe

21. Without commenting in detail on this section as it is not directly within the scope of its terms of reference, the CDDH wishes to point out that human rights and democracy are intrinsically linked, as is respect of the rule of law. The CDDH wishes to inform the Committee of Ministers that work is nearing completion on a draft Council of Europe Convention on Access to Official Documents. This Convention is expected to make a major contribution to strengthening participatory democracy in member states.

Appendix 2 to the reply

Comments of the Ad hoc Committee on e-democracy (CAHDE) on Parliamentary Assembly Recommendation 1791 (2007)

Introduction

1. At their 994bis meeting (7 and 9 May 2007, item 3.1b), the Ministers’ Deputies decided to transmit to several Council of Europe committees, including the Ad hoc Committee on e-democracy (CAHDE), for information and possible comments, Parliamentary Assembly Recommendation 1791 (2007) – “State of human rights and democracy in Europe”.

Comments of the CAHDE

2. The Ad hoc Committee on e-democracy (CAHDE) warmly welcomes Parliamentary Assembly Recommendation 1791 (2007) – “State of human rights and democracy in Europe” with Resolution 1547 (2007). Part II of the recommendation on “State of democracy in Europe”, to which the comments by CAHDE refer, addresses deficits in the functioning of democratic institutions and shortfalls in democratic processes. These important issues are at the heart of the work of CAHDE which seeks to identify and analyse ways by which the use of Information and Communication Technologies (ICT) can contribute to redressing such deficits and shortfalls.

3. Given the interdisciplinary and transversal nature of many of the issues under consideration, CAHDE actively co-operates not only with several Council of Europe committees and bodies, but also with the European Union (Council, Commission and European Parliament) and other international organisations (the United Nations Department of Economic and Social Affairs, UNECE, OECD).

4. CAHDE expects to submit the results of its work to the Committee of Ministers before the end of 2008, in the form of a report. In this report, several of the issues addressed in Parliamentary Assembly Recommendation, 1791 (2007) will be addressed.

5. CAHDE wishes to comment on the following parts of Part II (The state of democracy in Europe) of the recommendation:

(paragraph 17) “The Assembly recommends that the Committee of Ministers draw up guidelines on the elimination of deficits in the functioning of democratic institutions, taking into account existing Council of Europe legal instruments and engaging member states to take measures to remedy problems identified in Resolution 1547 (2007), and in particular to:

(paragraph 17.5.) review different forms of distance voting, including electronic voting, with a view to eliminating possible misuse;”

6. As a follow-up to CM Recommendation Rec(2004)11 on legal, operational and technical standards for e-voting, adopted in 2004, the Council of Europe organises every two years an intergovernmental meeting to review developments in the field of electronic voting (e-voting). The participants at the first review meeting in November 2006 confirmed that the recommendation has been recognised by member states as a valid and currently the only internationally agreed benchmark by which to assess and evaluate e-voting systems. The next two-year review meeting is scheduled for 2008. Subjects that require further research and attention in this field include the accreditation and certification of e-voting systems, the development of guidelines on the observation of e-enabled elections and the need for codes of conduct for e-campaigning.

7. Moreover, the Council of Europe is contributing to a two-yearly international academic conference in Bregenz, Austria, to keep abreast of research on the various aspects of e-voting. Finally, the Council of Europe analyses and evaluates the practical application of e-voting in political elections, e.g. in Estonia.

(paragraph 17.11.) “consider the introduction of elements of direct democracy, such as the right of citizens to ask for referenda and propose legislative initiatives;”

8. A number of e-democracy applications can facilitate the use of elements of direct democracy. CAHDE will be addressing this issue in its final report so that interested member states may include this information in their reflections on the introduction of elements of direct democracy in their political systems.

(paragraph 18.1.) “[… the Assembly calls on the Committee of Ministers to] reinforce its own activities in the field of democracy, in particular by reacting to identified deficits of democracy in member states, elaborating legal instruments and policy guidelines as required, and stepping up projects and co-operation programmes;”

9. It is recalled that further to the decision taken by the Heads of State and Government of Council of Europe member states at their Third Summit in Warsaw in May 2005, the Forum for the Future of Democracy (FFD) was set up in order to reinforce the Council’s activities in the field of democracy. The launch meeting of the Forum was held in Warsaw, in November 2005. The second Forum session, on “The Role of Political Parties in the Building of Democracy”, took place in Moscow in October 2006. From 13 to 15 June 2007, the Forum’s third session was organised in Stockholm/Sigtuna, Sweden, on “Power and Empowerment – the interdependence of democracy and human rights”. The Parliamentary is fully involved in all stages of the Forum process.

10. The theme proposed by the host government for the 2008 Session of the Forum which is scheduled to take place in Madrid, from 15 to 17 October, is e-governance and e-democracy. No final decision has been taken as yet on this issue.

11. If the proposed theme of e-democracy is confirmed, the 2008 Session of the Forum could be an opportunity to present the results of the work of CAHDE and other Council of Europe sectors to an expert audience from Council of Europe member states and beyond.

(paragraph 18.5.) “ensure follow-up within the relevant intergovernmental bodies to the Assembly’s recommendations proposing measures aimed at improving democracy and eliminating its deficits, and in particular to:

(sub-paragraph 18.5.3.) continue its work on democracy and good governance in the information society and evaluate the implementation of relevant legal instruments with a view to reviewing them as appropriate;”

12. In accordance with its terms of reference, by the end of its mandate in 2008, CAHDE:

- will submit an overview of developments on e-democracy/e-participation at European and international level;
- will have prepared a toolkit of generic e-democracy applications;
- will have prepared a checklist and diagnostic tool to assist governments and other actors in determining their objectives in respect of e-democracy and in assessing their needs with regard to appropriate e-democracy applications;
- will advise the Committee of Ministers on e-democracy’s potential to facilitate democratic reform and practice and on possible further Council of Europe action in this field.

13. In the context of its task to make proposals in its final report to the Committee of Ministers as to how the Council of Europe should be pursuing its work on e-governance, CAHDE will review the application of Committee of Ministers’ Recommendation Rec(2004)15 on e-governance by member states.

Appendix 3
(Item 2.4)

Reply to Parliamentary Assembly Recommendation 1810 (2007) on the
“Honouring of obligations and commitments by Moldova”

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has taken note of Recommendation 1810 (2007) on the “Honouring of obligations and commitments by the Republic of Moldova” and would like to thank the Assembly for the thorough analysis of the remaining challenges for Moldova’s democratic development set out in the recommendation.

2. The Committee of Ministers notes with satisfaction the serious efforts made by Moldova to date in the fulfilment of its commitments. It calls on the Moldovan authorities to step up their efforts to complete the ongoing reforms in order to fulfil their remaining commitments to the Council of Europe and reiterates its readiness to further assist the Moldovan authorities to this end.

3. In this perspective, the Committee of Ministers calls on the Moldovan authorities to make full use of the Council of Europe’s legal expertise by submitting to the Secretariat all relevant legislative texts in due time. Furthermore, it encourages the authorities to share the results of the Council of Europe’s legal opinions with all relevant stakeholders, including different political forces, and to communicate in a timely and accurate manner on the follow-up given to the experts’ recommendations.

4. Concerning the co-operation programmes (points 2.2 and 2.3 of the recommendation), the Committee of Ministers is determined to reinforce its assistance programmes in the key areas of the Council of Europe’s expertise. In this respect, the Committee of Ministers would like to refer to its decision taken at the 1019th meeting of the Ministers’ Deputies (27-28 February 2008) following the discussion of the findings of the stocktaking of co-operation programmes with Moldova carried out by the Secretariat of the Council of Europe in December 2007 (SG/Inf(2008)5). The Committee of Ministers, in this decision, has identified the following priority areas for co-operation: pre-electoral assistance, compatibility of Moldovan legislation with Council of Europe standards, the functioning of the judicial system and the execution of judicial decisions, the fight against corruption and money laundering and the implementation of GRECO and MONEYVAL recommendations, the improvement of co-operation and dialogue between central authorities and local authorities and their associations, the harmonisation of the legislation of the Autonomous Territorial Unit of Gagauzia with the Moldovan Constitution and national legislation, the independence and neutrality of the regulatory bodies for the media and contribution to the implementation of confidence-building measures in the context of the Transnistrian settlement process, in particular through increased co-operation with civil society.

5. The Committee of Ministers would like to inform the Assembly that in addition to two joint Council of Europe/European Commission programmes which have been implemented in Moldova since 2006, five new joint Council of Europe/European Commission programmes related to Moldova were launched as of 1 January 2008 in the following areas: support to free and fair elections, media, civil society, Roma-related policies, and the strengthening of the Ombudsman’s office. The Committee of Ministers will continue to regularly review the results achieved under these programmes and attaches particular importance to the active involvement of the Moldovan authorities in securing their successful implementation.

6. Concerning the functioning of democratic institutions

The annual conference to assess the effectiveness of the programme of co-operation between the parliament and civil society, which was drawn up with the Council of Europe’s assistance and adopted by the parliament in December 2005, was organised on 4 February this year. The Council of Europe could provide further support to strengthen this partnership, as well as specific support for the organisation and transparency of the parliamentary work, which was undermined by the interruption of the direct transmission of the parliamentary debates by TeleRadioMoldova.

The Council of Europe will provide pre-electoral assistance to the Moldovan authorities in view of the parliamentary elections in spring 2009, which should address the major shortcomings such as constrained broadcast media coverage, inadequate training of persons responsible for election administration, education and awareness-raising of voters.

7. Concerning the independence of the judiciary and efficiency of justice

As a result of the joint trilateral efforts of the Council of Europe, the European Commission and the Moldovan authorities aimed at enhancing the independence, impartiality and efficiency of the judiciary, the National Institute of Justice was officially inaugurated on 9 November 2007. Further assistance with a view to developing and strengthening the institutional capacity of this new establishment will be provided within the framework of the joint Council of Europe/European Commission programme on increased independence, transparency and efficiency of the justice system in the Republic of Moldova. The Council of Europe also stands ready to provide any necessary assistance with respect to expertise on key pieces of legislation in the judicial field and their proper implementation.

8. Concerning the reform of the system of the Prosecutor General’s office

The Council of Europe is providing assistance in drafting the Law on the Public Prosecutor’s Service, and its experts have participated in several debates which have been organised to discuss the main provisions of the draft legislation in this field. Further assistance to reform the Prosecutor General’s Office could be provided both at the level of legislative expertise and with regard to the effective implementation of the related legislation.

9. With regard to the freedom and pluralism of the media

The Audiovisual Code which was adopted in July 2006 took into account a number of recommendations provided by the Council of Europe experts. The Council of Europe stands ready to provide a further assessment of the Audiovisual Code, both from the point of view of its provisions and their implementation. In addition, the Council of Europe could provide an assessment of the current legislation on defamation and its implementation and recommendations on how to improve the situation in this field. Further assistance with regard to the promotion and protection of the right to freedom of expression and access to information and the promotion of the diversity and quality of the local media will be provided within the framework of the new joint Council of Europe/European Commission programme.

10. With regard to strengthening local democracy

The Council of Europe has provided an expert opinion on important pieces of legislation, such as the Draft Law on the Status of the Chisinau Municipality and the Draft Law on Local Public Finance, and has also encouraged the establishment of a Forum for Dialogue between different associations of local authorities. It stands ready to provide further assistance with regard to improving the capacities of newly elected local officials to efficiently perform their duties and to promoting dialogue between the national and local authorities and their associations, including with Gagauzia.

11. With regard to fighting corruption and money laundering

Moldova has so far undergone two evaluations by GRECO. The third round evaluation report of Moneyval
on Moldova was adopted in September 2007. Further efforts are needed in order to ensure the full implementation of the recommendations contained in these reports. Within the framework of the joint Council
of Europe/European Commission programme against corruption, money laundering and terrorist financing, further assistance will be provided in areas such as anti-corruption legislation, effective implementation of the national anti-corruption strategy and action plans, training of the officials to reinforce the internal controls within the public institutions concerned, promoting the role of civil society and media in the fight against corruption and reducing the tolerance to the corruption phenomena.

12. With regard to Moldova’s participation in the Council of Europe Convention on Trafficking in Human Beings (point 4 of the recommendation), the Committee of Ministers notes with satisfaction that the Convention entered into force on 1 February 2008 and reiterates its readiness to provide continued assistance to the Moldovan authorities in their action to combat trafficking in human beings and organs.

13. Concerning co-operation with the European Union with a view to ensuring the best possible co-ordination and complementarity between the Council of Europe requirements and those of the EU-Moldova Action Plan (point 5 of the recommendation), the Committee of Ministers would like to point out that regular consultations between the two organisations are conducted at different levels. Since September 2007, regular meetings between the Council of Europe, European Commission, the OSCE and Moldovan authorities were held at expert level. The first expert meeting to take stock of developments in the judicial field and the fight against corruption took place in Brussels on 18 September 2007, and the second one – to take stock of developments with regard to human rights and democracy issues in Moldova – was organised in Chisinau on 26 October 2007. Another expert meeting to discuss developments in co-operation in the areas of human rights and democracy is scheduled to take place in Chisinau at the end of May 2008.

14. Concerning the situation with regard to the Transnistrian conflict settlement (points 6, 7.1 and 7.2 of the recommendation)

The Committee of Ministers notes with satisfaction the renewed efforts to find a definitive settlement to the Transnistrian conflict and in particular welcomes in this regard the resumption of a dialogue between Chisinau and Tiraspol. The Committee of Ministers reiterates that the Council of Europe stands ready to contribute, in its area of competence, to the implementation of the confidence-building measures leading to the sustainable resolution of this outstanding conflict. The Council of Europe envisages a new joint programme with the European Commission to support civil society in Transnistria and is exploring the most efficient ways to contribute to the initiatives in other areas. In particular, the Commission for Democracy through Law (Venice Commission) stands ready to provide its expert advice on the proposals related to the settlement of the Transnistrian issue and the reintegration of the region into the Moldovan state.

15.  As regards the implementation of the commitments undertaken in particular at the Summit of the Organisation for Security and Co-operation in Europe in Istanbul in 1999, the Committee of Ministers is closely following the developments in this respect and hopes that the new impetus given by the renewed efforts to find the settlement formula will bring about solutions to other outstanding issues.

Appendix 4
(Item 4.1a)

Resolution CM/Res(2008)7
on rules on the election procedure of the members of the
Group of Experts on Action against Trafficking in Human Beings (GRETA)

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

The Committee of Ministers, in accordance with Article 36 of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), after consulting with and obtaining the unanimous consent of the Parties to the Convention, adopted the following rules:

General

Rule 1

The Committee of the Parties shall elect the members of the Group of Experts on Action against Trafficking in Human Beings (hereinafter referred to as “GRETA”) in accordance with the following rules.

Qualifications and capacity of the members

Rule 2

The members of GRETA shall be chosen from among persons of high moral character, known for their recognised competence in the fields of human rights, assistance and protection of victims and of action against trafficking in human beings, or having professional experience in the areas covered by the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197, hereinafter referred to as the “Convention”).

Rule 3

The members of GRETA shall sit in their individual capacity and be independent and impartial in the exercise of their functions.

They shall take no instructions from any government, organisation or person on how to perform their duties as members of GRETA.

The independence and impartiality of GRETA members shall not be put into question by the mere fact that they are civil servants or otherwise employed in the public sector. However, individuals holding decision-making positions as regards defining and/or implementing policies in the field of action against trafficking in human beings in government or in any other organisation or entity which may give rise to a conflict of interest with the responsibilities inherent to membership of GRETA, shall not be eligible.

Rule 4

The members of GRETA shall be available to carry out their duties in an effective manner. They shall have sufficient time and capacity to participate in the meetings of GRETA, carry out country visits and be able to work online for the preparation of the reports and conclusions of GRETA.

Rule 5

The members of GRETA shall be nationals of the States Parties to the Convention.

Composition of GRETA

Rule 6

GRETA shall be composed of a minimum of 10 members and a maximum of 15 members, taking into account gender and geographical balance, as well as multidisciplinary expertise. The Committee of the Parties shall decide on the actual number of members to be elected.

Rule 7

The membership of GRETA should represent the main legal systems.

Rule 8

No two members of GRETA may be nationals of the same state.

Nomination of candidates

Rule 9

States Parties to the Convention have the right to nominate candidates for GRETA membership. The government of each state party may submit to the Secretary General of the Council of Europe the names and the curricula vitae, using the model set out in the appendix and in one of the official languages of the Organisation, of at least two candidates who meet the requirements set out in Rules 2 to 5 to serve on GRETA. The Secretary General shall transmit these documents to the Committee of the Parties.

If it considers that one or more of the candidates nominated by a state party do not meet the requirements for membership of GRETA as set out in Rules 2 to 5, the Committee of the Parties may request the state party concerned to nominate (an)other candidate(s).

Rule 10

In order to help ensure gender balance among the members of GRETA, each state party shall take all the necessary and appropriate steps with a view to nominating at least one man and one woman.

If the nomination of candidates by a state party is not in conformity with this rule, the Committee of the Parties, taking into consideration the explanation for providing a single sex list, may request the state party concerned to submit another nomination.

Rule 11

Bearing in mind the multidisciplinary expertise required for GRETA, each state party shall, to the extent possible, nominate candidates with different competences and/or professional experience, as indicated in Rule 2.

Rule 12

Each state party shall ensure that the national selection procedure leading to the nomination of candidates for GRETA is in accordance with published national guidelines or otherwise transparent and designed to lead to the nomination of the most qualified candidates.

Election of the members

Rule 13

The members of GRETA shall be elected by the Committee of the Parties from among candidates whose names and curricula vitae have been received by the Secretary General at the latest two months before the election. Only candidates whose names and curricula vitae have been received by the Secretary General, at the latest on 1 October 2008, shall be allowed to stand for election for the first composition of GRETA.

Rule 14

In filling vacant seats in GRETA, the Committee of the Parties shall give priority to electing, in the following order, experts:

    a. who possess competences and/or professional experience not sufficiently represented amongst the members of GRETA;
    b. from geographical areas not represented in GRETA;
    c. representing a main legal system not represented in GRETA; and
    d. of the sex under represented in GRETA.

Rule 15

The Committee of the Parties shall elect members of GRETA in accordance with the requirements laid down in Rule 14 in as many rounds as may be necessary to meet the needs of GRETA. In each round, the candidate(s), up to a maximum of three, receiving the most votes, but at least a majority of the votes cast, shall be elected members of GRETA. In each round, the number of votes of each member of the Committee of the Parties shall be the same as the number of members of GRETA to be elected in that round.

The members of the Committee of the Parties can only vote for one national of each state.

Should two or more candidates receive the same number of votes, resulting in more than the maximum number of candidates receiving the necessary amount of votes to be elected in any given round, the Committee of the Parties shall proceed with a vote to elect one or more of these candidates as (a) member(s) of GRETA.

Should the preceding paragraphs of this rule result in the election of two candidates or more who are nationals of the same state, only the candidate with the highest number of votes shall be elected as a member of GRETA.

Term of office of the members

Rule 16

The term of office of a member of GRETA shall be four years, renewable once. The Committee of the Parties shall specify the exact date on which the term of office begins.

The term of office will end at an earlier date if the Committee of the Parties finds that the member no longer meets the requirements for membership of GRETA, as set out in Rules 2 to 5, or if the member requests the Secretary General to terminate his or her membership.

A member elected to fill a seat which has become vacant before the end of the term of office of the previous member shall hold the seat for the remainder of the predecessor’s term.

Rule 17

Should more than 10 members of GRETA be re-elected for a second term of office in the same elections, the Committee of the Parties may decide to shorten the term of office of five members by two years. These members shall be identified by the drawing of lots by the Committee of the Parties.

Appendix to Resolution CM/Res(2008)7

MODEL CURRICULUM VITAE

All the information which you provide on this CV, except for your telephone numbers(s), postal and e-mail addresses and date and place of birth, will be made publicly available on the portal of the Council of Europe.
If you do NOT wish this information to be made public, please tick the box:

Personal information
• Family name(s)
• First name(s)
• Date of birth
• Place of birth
• Address(es)
• Telephone(s)
• E-mail
• Nationality(ies)
• Sex Male □ Female □

Relevant qualifications summary17

Current professional activity
• Start date
• Name and address of employer
• Sector of activity
• Occupation or position held
• Main activities and responsibilities18

Relevant previous professional activity(ies)19
• Dates
• Name and address of employer
• Sector of activity
• Occupation or position held
• Main activities and responsibilities

Relevant additional responsibilities20
• Dates
• Name and address of organisation/body
• Sector of activity
• Position held
• Main activities and responsibilities

Education/training21
• Dates
• Title of qualification awarded
• Principal subjects/occupational skills covered
• Name and type of organisation

Publications22

Computer skills
• Software packages23
• Other IT skills and competences24

Language skills25
Mother tongue  
 

Understanding

Speaking

Writing
Language Listening Reading Spoken interaction Spoken production Writing skills
English          
French          
           
           
           

Common European Framework of Reference for Languages

Listening Skill:

A1 I can recognise familiar words and very basic phrases concerning myself, my family and immediate concrete surroundings when people speak slowly and clearly.

A2 I can understand phrases and the highest frequency vocabulary related to areas of most immediate personal relevance (e.g. very basic personal and family information, shopping, local area, employment). I can catch the main point in short, clear, simple messages and announcements.

B1 I can understand the main points of clear standard speech on familiar matters regularly encountered in work, school, leisure, etc. I can understand the main point of many radio or TV programmes on current affairs or topics of personal or professional interest when the delivery is relatively slow and clear.

B2 I can understand extended speech and lectures and follow even complex lines of argument provided the topic is reasonably familiar. I can understand most TV news and current affairs programmes. I can understand the majority of films in standard dialect.

C1 I can understand extended speech even when it is not clearly structured and when relationships are only implied and not signalled explicitly. I can understand television programmes and films without too much effort.

C2 I have no difficulty in understanding any kind of spoken language, whether live or broadcast, even when delivered at fast native speed, provided I have some time to get familiar with the accent.

Reading Skill:

A1 I can understand familiar names, words and very simple sentences, for example on notices and posters or in catalogues.

A2 I can read very short, simple texts. I can find specific, predictable information in simple everyday material such as advertisements, prospectuses, menus and timetables and I can understand short simple personal letters.

B1 I can understand texts that consist mainly of high frequency everyday or job-related language. I can understand the description of events, feelings and wishes in personal letters.

B2 I can read articles and reports concerned with contemporary problems in which the writers adopt particular attitudes or viewpoints. I can understand contemporary literary prose.

C1 I can understand long and complex factual and literary texts, appreciating distinctions of style. I can understand specialised articles and longer technical instructions, even when they do not relate to my field.

C2 I can read with ease virtually all forms of the written language, including abstract, structurally or linguistically complex texts such as manuals, specialised articles and literary works.

Spoken Interaction Skill:

A1 I can interact in a simple way provided the other person is prepared to repeat or rephrase things at a slower rate of speech and help me formulate what I'm trying to say. I can ask and answer simple questions in areas of immediate need or on very familiar topics.

A2 I can communicate in simple and routine tasks requiring a simple and direct exchange of information on familiar topics and activities. I can handle very short social exchanges, even though I can't usually understand enough to keep the conversation going myself.

B1 I can deal with most situations likely to arise whilst travelling in an area where the language is spoken. I can enter unprepared into conversation on topics that are familiar, of personal interest or pertinent to everyday life (e.g. family, hobbies, work, travel and current events).

B2 I can interact with a degree of fluency and spontaneity that makes regular interaction with native speakers quite possible. I can take an active part in discussion in familiar contexts, accounting for and sustaining my views.

C1 I can express myself fluently and spontaneously without much obvious searching for expressions. I can use language flexibly and effectively for social and professional purposes. I can formulate ideas and opinions with precision and relate my contribution skilfully to those of other speakers.

C2 I can take part effortlessly in any conversation or discussion and have a good familiarity with idiomatic expressions and colloquialisms. I can express myself fluently and convey finer shades of meaning precisely. If I do have a problem I can backtrack and restructure around the difficulty so smoothly that other people are hardly aware of it.

Spoken Production Skill:

A1 I can use simple phrases and sentences to describe where I live and people I know.

A2 I can use a series of phrases and sentences to describe in simple terms my family and other people, living conditions, my educational background and my present or most recent job.

B1 I can connect phrases in a simple way in order to describe experiences and events, my dreams, hopes and ambitions. I can briefly give reasons and explanations for opinions and plans. I can narrate a story or relate the plot of a book or film and describe my reactions.

B2 I can present clear, detailed descriptions on a wide range of subjects related to my field of interest. I can explain a viewpoint on a topical issue giving the advantages and disadvantages of various options.

C1 I can present clear, detailed descriptions of complex subjects integrating sub-themes, developing particular points and rounding off with an appropriate conclusion.

C2 I can present a clear, smoothly-flowing description or argument in a style appropriate to the context and with an effective logical structure which helps the recipient to notice and remember significant points.

Writing Skill:

A1 I can write a short, simple postcard, for example sending holiday greetings. I can fill in forms with personal details, for example entering my name, nationality and address on a hotel registration form.

A2 I can write short, simple notes and messages relating to matters in areas of immediate needs. I can write a very simple personal letter, for example thanking someone for something.

B1 I can write simple connected text on topics which are familiar or of personal interest. I can write personal letters describing experiences and impressions.

B2 I can write clear, detailed texts on a wide range of subjects related to my interests. I can write an essay or report, passing on information or giving reasons in support of or against a particular point of view. I can write letters highlighting the personal significance of events and experiences.

C1 I can express myself in clear, well-structured text, expressing points of view at some length. I can write about complex subjects in a letter, an essay or a report, underlining what I consider to be the salient issues. I can select a style appropriate to the reader in mind.

C2 I can write clear, smoothly-flowing text in an appropriate style. I can write complex letters, reports or articles which present a case with an effective logical structure which helps the recipient to notice and remember significant points. I can write summaries and reviews of professional or literary works.

Appendix 5
(Item 4.2a)

Resolution CM/ResCMN(2008)3
on the implementation of the Framework Convention for the Protection of National Minorities
by Austria

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10;26

Having regard to the instrument of ratification submitted by Austria on 1 July 1998;

Recalling that the Government of Austria transmitted its state report in respect of the second monitoring cycle under the Framework Convention on 1 December 2006;

Having examined the Advisory Committee’s second opinion on Austria, adopted on 8 June 2007, and the written comments of the Government of Austria, received on 26 October 2007;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Austria:

a) Positive developments

Austria has taken a number of steps to improve the implementation of the Framework Convention following the adoption of the first opinion of the Advisory Committee in May 2002 and the Committee of Ministers’ resolution in February 2004. This has entailed changes in the legislation and in practice.

Since 2004, Austria has significantly strengthened its anti-discrimination legislation at federal and Länder level and the new legal guarantees are reinforced by the setting up of a new institutional framework to tackle discrimination, including on grounds of ethnicity. Initiatives to combat racism and xenophobia continue to be developed, especially in response to far-right extremism.

Further efforts have been made to improve community relations, promote the integration of immigrants and expand intercultural dialogue in society, notably in the city of Vienna.

Since the first opinion of the Advisory Committee, measures have been taken to enhance the preservation and development of the cultural heritage and identity of persons belonging to the Slovene minority in Styria. They are now represented in the minorities’ advisory councils to the Federal Chancellery.

Measures have been taken to improve further the operation of the unique system of bilingual education in Carinthia and Burgenland, which attracts an increasing number of pupils from the majority population.

The new Austrian Broadcasting Corporation Act (ORF) has widened possibilities for broadcasting in the national minority languages. Radio broadcasting in various minority languages has increased.

Valuable initiatives regarding cross-border co-operation on issues related to national minorities continue to be developed within the Alpe-Adria regional co-operation.

b) Issues of concern

The Constitutional Court’s decision of 13 December 2001 on bilingual topographical signs has still to be implemented. The unresolved conflict around bilingual signs in Carinthia is creating an atmosphere that is not conducive to harmonious relations and may hamper the effective implementation of other rights of persons belonging to national minorities. The full implementation of the legislation on the use of minority languages in relations with the authorities continues to face obstacles in Carinthia and Burgenland.

Greater attention is required to address the needs of persons belonging to national minorities living outside their autochthonous settlement area.

The capacity of the Ombudspersons for Equal Treatment, as well as the capacity of the Equality Commission, needs to be strengthened to enable them to tackle discrimination effectively.

Although valuable initiatives have been implemented to improve the situation of the Roma, there are no comprehensive policies, programmes and resources to promote equal opportunities for them or for their effective participation in society.

Instances of racially-motivated incidents and intolerance against persons belonging to some minorities and immigrants continue to be reported. Xenophobic rhetoric is still used by some politicians and is also at times fuelled by some media reports disseminating negative stereotypes about persons belonging to minorities and immigrants.

The presence of minorities and of minority languages in the media remains limited, despite opportunities opened up by the new ORF Act of 2001.

The level of federal financial support for the activities of the national minority has remained static and is not inflation-adjusted. Furthermore, greater transparency is needed in the system of distribution of federal funds.

The educational needs of persons belonging to national minorities living in Vienna are often not adequately met.

Concerns regarding the composition and the appointment procedure to the minority advisory councils, as well as regarding the scope for consultation of these advisory councils, continue to be expressed by representatives of national minorities.

2. Adopts the following recommendations in respect of Austria:

In addition to the measures to be taken to implement the detailed recommendations contained in Sections I and II of the Advisory Committee's opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

- ensure swift and full implementation of the Constitutional Court’s decision of 13 December 2001 on bilingual signposting; take immediate steps to remove obstacles to the full implementation of the legislation on the use of minority languages in relations with the authorities;

- make efforts to ensure a consistent and inclusive approach to protecting the rights of persons belonging to national minorities;

- provide further support and reinforce the capacity of the Ombudspersons for Equal Treatment and of the Equality Commission;

- develop and implement comprehensive measures to promote equal opportunities for persons belonging to the Roma minority, in close consultation with their representatives; pay particular attention to the situation of Roma women and youth;

- pursue and expand on-going efforts to tackle racism and xenophobia, especially within the political arena and in the media;

- take steps to enhance the presence of minority languages in the media, particularly by making greater use of opportunities made available by the Austrian Broadcasting Company (ORF) amended Act of 2001;

- identify possibilities to increase the support allocated to the activities of national minorities; complete the process of adoption of guidelines for the distribution of federal financial support to the national minorities;

- strengthen the response to the educational needs of persons belonging to national minorities living in Vienna;

- take steps to strengthen the role of the minorities’ advisory councils.

3. Invites the Government of Austria, in accordance with Resolution (97) 10:

      a. to continue the dialogue in progress with the Advisory Committee;

      b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above.

Appendix 6
(Item 4.2b)

Resolution CM/ResCMN(2008)4
on the implementation of the Framework Convention for the Protection of National Minorities
by Sweden

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10;27

Having regard to the instrument of ratification submitted by Sweden on 9 February 2000;

Recalling that the Government of Sweden transmitted its state report in respect of the second monitoring cycle under the Framework Convention on 13 July 2006;

Having examined the Advisory Committee’s second opinion on Sweden adopted on 8 November 2007, and the written comments of the Government of Sweden, received on 17 April 2008;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Sweden:

a) Positive developments

Sweden has continued to develop its legislative framework to combat discrimination. It has pursued valuable work concerning structural discrimination. The Ombudsman against Ethnic Discrimination and other key actors have helped tackle discriminatory practices in some areas, including in access to entertainment establishments. In addition, a large majority of the Swedish population considers that persons belonging to ethnic minorities enrich their society and encourage firmer measures to combat discrimination. Swedish society is increasingly self-critical with regard to xenophobic attitudes.

Sweden has continued to take measures with a view to implementing the right to use minority languages in five municipalities in northern Sweden, and the possible expansion of related legislative guarantees has been studied and promoted in valuable official reports.

Public funding for cultural initiatives of national minorities has slightly increased, and the contribution of minority cultures to the society is today widely recognised in Sweden. The need to enhance the representation of minority cultures, for example, in school textbooks, has been stressed in official reports.

Sweden’s public service broadcasting encompasses certain commendable practices in terms of minority language media. These include extensive radio broadcasting in Sami and Finnish languages.

Sweden has developed promising web-based educational tools to advance minority language education and to address the shortage of educational materials in this sphere.

New consultation structures have been introduced to enhance the participation of persons belonging to national minorities in decision-making processes. The central government has also sought to engage local authorities more closely in issues concerning national minorities.

b) Issues of concern

Although the offices responsible for minority issues have shown clear commitment to their tasks, their effectiveness and capacity have been negatively affected by frequent shifts and changes in their institutional responsibilities.

There have been delays in the development of the legislative framework to protect national minorities, including as regards expanding the scope of guarantees for the use of minority languages.

While there are some commendable exceptions, engagement of local authorities in national minority issues remains limited. There is, for example, a need to generate more local commitment to posting minority language signs and street names as well as to participation of persons belonging to national minorities in decision making.

Lack of reliable data on national minorities complicates the formulation, implementation, evaluation and improvement of minority policies. Calls by some national minority representatives for measures need to be followed up more decisively by the authorities.

Minority language education in public schools remains limited and, in some cases, inconveniently organised. Bilingual education is offered in private schools and by isolated public initiatives. There is a need to take further measures to address the shortage of teachers and other capacity problems.

Persons belonging to national minorities, particularly Roma, still face discrimination, including in housing and employment, and limited confidence amongst many Roma in law-enforcement bodies complicates the situation further.

The continuous legal uncertainty concerning land rights continues to affect traditional activities of the Sami, including reindeer herding. It has given rise to legal disputes, with heavy financial consequences for certain Sami villages. The role of the Sami Parliament is not sufficiently developed in areas other than the reindeer industry.

The Advisory Committee noted that there are concerns that the print media subsidy system and certain mechanisms for supporting minority organisations do not adequately reflect the specific needs and diversity of national minority initiatives.

2. Adopts the following recommendations in respect of Sweden:

In addition to the measures to be taken to implement the detailed recommendations contained in sections I and II of the Advisory Committee’s opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

- take further steps to ensure that the protection of national minorities is tackled in a consistent and
co-ordinated manner at both central and local level, and that there is clarity and stability as regards institutional responsibilities;

- ensure close involvement of persons belonging to national minorities in decision-making processes at both central and local level, including in general questions of central importance to national minorities, ranging from health to spatial planning;

- pursue swiftly the pending proposals to strengthen the legislative guarantees for the protection of national minorities. These include the important initiative to expand the scope of guarantees for the use of minority languages;

- enhance data on national minorities by supporting data collection practices that take into account the views amongst national minorities and fully respect data protection and other pertinent concerns;

- take decisive measures in order to expand the availability of minority language education and give adequate support to bilingual education. These measures should also address teacher shortages and other capacity problems;

- pursue further efforts to combat discrimination against Roma and persons belonging to other national minorities, keeping this as a key consideration in the continuing institutional and legislative reforms;

- tackle, as a priority, the continuous legal uncertainty around land rights in northern Sweden, in a manner that fully protects the rights of the Sami. In the meantime, ensure that the related legal disputes do not threaten the viability of Sami villages and their reindeer herding activities;

- consider increasing the role of the Sami Parliament in areas other than the reindeer industry;

- take further measures to support minority language media and cultural initiatives of national minorities, including by ensuring that the eligibility criteria of the related subsidy systems take into account the specific concerns of national minorities.

3. Invites the Government of Sweden, in accordance with Resolution (97) 10:

      a. to continue the dialogue in progress with the Advisory Committee;

      b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above.

Appendix 7
(Item 7.2c)

Terms of reference of the Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR)

Fact sheet

Name of Group: Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR)
Conformity with Resolution
Res(2005)47:
YES
Programme of Activities: Project(s) 2002/DG4/94 – “Linking policy and practice in citizenship and human rights education”
Project relevance: 1. Summit Action Plan Chapter:

    III – Building a more humane and inclusive Europe, 3. Education: promoting democratic citizenship in Europe.

2. Contribution to core values:

    The aim of the project is to promote human rights, participative democracy and the rule of law through education.

3. Committee of Ministers’ decisions.
4. Consolidation, promotion, implementation of Council of Europe standards:

    § Follow up to Recommendation Rec(2002)12 on Education for Democratic Citizenship;
    § Follow up to Recommendation R (85) 7 on teaching and learning about human rights in schools;
    § The project contributes to the effective implementation of the European Convention on Human Rights and other Council of Europe instruments by promoting culture of human rights and democracy.

5. Relevance to Council of Europe country strategies and country-specific needs:

    § Bilateral programmes are run in Bosnia and Herzegovina and UNMIK/Kosovo;
    § Ad hoc bilateral and regional initiatives are supported upon request (e.g., South-East Europe network, Baltic and Black Sea countries network, Nordic countries network, Project on Quality Assurance in Education for Democratic Citizenship in Ukraine).

6. Timeliness of project(s):

    § Information received from EDC/HRE co-ordinators in December 2007 shows that the Council of Europe EDC/HRE Project has had considerable impact in more than one third of member states, and that sustainability is increasing through the introduction of legislative and curricular reforms. Further support is required to build on this acquis;
    § The EDC/HRE Programme “Learning and living democracy for all” 2006-2009 is a European contribution to the UN First Phase of the World Programme for Human Rights Education (2005-2009).

Project added value: 1. Council of Europe as leading agency, most important facilitator in this field:
With its 11 years of experience in EDC/HRE and with its excellence in the field of democracy and human rights the Council of Europe is the best placed for a leading role in EDC/HRE. This has been recognised by other organisations, and this recognition was clearly demonstrated at the Regional European Meeting on the World Programme for Human Rights Education jointly organised by UNHCHR, UNESCO, OSCE/ODIHR and the Council of Europe in Strasbourg on 5 and 6 November 2007.

2. Project covering ‘new ground’:
Citizenship and human rights education is still a relatively new area and the Council of Europe has played a pioneering role in this field so far.

3. Strong opportunities of partnerships with other international organisations:
The Council of Europe has been asked by UNESCO and UNHCHR to co-ordinate the World Programme on Human Rights Education at the European level. A project on indicators for active citizenship and education and training for active citizenship is run currently in co-operation with the European Commission. Co-operation with the OSCE/ODIHR has been developed.

4. Reasons for entrusting the Group with these terms of reference:

    § There is a need for specific expertise in EDC/HRE, especially considering the innovating character of the project;
    § Interdisciplinary nature of the project (specialists in the field of youth, social cohesion and higher education are invited with voting rights);
    § The tasks described in the terms of reference are time-consuming and cannot be dealt with within the timeframe of the Steering Committee for Education.

Financial information: Two annual meetings of the Group (10 participants) immediately preceded by a Bureau meeting (3 members).

Annual budget: €28 900, of which €18 200 for reimbursement of participation in meetings; €7 600 for interpretation; €3 000 for translation and €100 for document production.

Terms of reference of the Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR)

    1. Name of Group: Ad hoc Advisory Group on Education for Democratic Citizenship and Human Rights (ED-EDCHR)

    2. Type of Group: Ad hoc Advisory Group

    3. Source of terms of reference: Committee of Ministers, following a proposal of the Steering Committee for Education (CDED)

4. Terms of reference:

      With regard to:

      - Resolution Res(2005)47 concerning committees and subordinate bodies, their mandate and their working methods;

      - the Declaration and the Action Plan of the Council of Europe Third Summit of Heads of State and Government (Warsaw, May 2005) and in particular the chapter 3.3. – Education: promoting democratic citizenship in Europe;

      - the Declaration of the 21st session of the Conference of European Ministers of Education (Athens, November 2003);

      - the Action Plan of the United Nations on Human Rights Education (2005-2009) and the United Nations Decade of education for sustainable development (2005-2014);

      - Recommendation Rec(2002)12 of the Committee of Ministers to member states on Education for Democratic Citizenship;

      Under the authority of the Steering Committee for Education (CDED) and in relation with the implementation of Project 2002/DG4/94 “Linking policy and practice in citizenship and human rights education” from the Programme of Activities, the Group is instructed to:

i. advise the Steering Committee for Education and the Secretariat on the implementation of its Programme of Activities 2006-2009 on Education for Democratic Citizenship and Human Rights “Living and learning democracy for all” and oversee the preparation and implementation of the activities organised in this framework;

ii. make proposals on activities to be carried out within this programme, bearing in mind the work already accomplished in this field and taking into account the results of the European Year of Citizenship through Education as well as the aims and objectives set out in the Programme EDC/HRE 2006-2009;

iii. propose activities to be organised in co-operation with the European Commission, the relevant international organisations, such as UNESCO, the Office of the United Nations High Commissioner for Human Rights, OSCE-ODIHR and OECD, and international NGOs;

iv. when requested, advise and, where appropriate, assist member states regarding the implementation of EDC/HRE policies and co-operate in this connection with the network of Council of Europe EDC/HRE co-ordinators;

v. carry out an evaluation of the work done before the end of 2008 under the Programme EDC/HRE 2006-2009 and advise the CDED on how it should be continued.

5. Composition of the Group:

5.A Members

i. The Group shall be composed of 2 members of the Steering Committee for Education (CDED) and 8 specialists from the following sectors, to be appointed by the Secretary General:

      - 5 specialists in education for democratic citizenship and human rights;
      - 1 specialist in policies for social cohesion;
      - 1 specialist in higher education and research;
      - 1 specialist in youth policies.

ii. The Council of Europe budget will cover their travel and subsistence expenses.

5.B Participants

i. The following committees may each send representatives to meetings of the Group, without the right to vote and at the expense of the corresponding Council of Europe budget sub-heads:

    - the Steering Committee for Higher Education and Research (CDESR);
    - the Joint Council on Youth (CMJ);
    - the European Committee for Social Cohesion (CDCS);
    - the Steering Committee for Human Rights (CDDH);
    - the North-South Centre.

ii. The Parliamentary Assembly may send a representative to meetings of the Group, without the right to vote and at the expense of its administrative budget.

iii. The Congress of Local and Regional Authorities of the Council of Europe may send a representative to meetings of the Group, without the right to vote and at the expense of its administrative budget.

iv. The Council of Europe Commissioner for Human Rights may send a representative to meetings of the Group, without the right to vote and at the expense of its administrative budget.

v. The Conference of INGOs of the Council of Europe may send a representative to meetings of the Group, without the right to vote and at the expense of the sending body.

5.C Other participants

i. The European Commission may send a representative to meetings of the Group, without the right to vote or defrayal of expenses.

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

      - United Nations Educational, Scientific and Cultural Organisation (UNESCO);
      - Office of the United Nations High Commissioner for Human Rights (OHCHR);
      - Office for Democratic Institutions and Human Rights (OSCE/ODIHR);
      - Organisation for Economic Co-operation and Development (OECD).

6. Working methods and structures:

      Under its terms of reference and within the limits of its budgetary attributions, the ED-EDCHR shall have the opportunity to have whatever contacts or engage in whatever consultations it deems necessary with the various Council of Europe sectors, and with experts, NGO representatives and interested professionals, in particular on the occasion of hearings or by means of written consultations.

      It will hold two plenary meetings a year. A restricted Bureau, composed of the Chair, the Vice-Chair and one member, may, if need be, meet between the plenary sessions to prepare the work.

7. Duration:

      These terms of reference will expire on 30 June 2010.

Appendix 8
(Item 7.2d)

Terms of reference of the Ad hoc Advisory Group on History Teaching (ED-HIST)

Fact sheet

Name of Group: Ad hoc Advisory Group on History Teaching
(ED-HIST)
Compliance with Resolution Res(2005)47: YES
Programme of Activities: project(s) 2006/DGIV/898 Intercultural Dialogue and The Image of The Other In History Teaching
Project relevance: 1. Summit Action Plan:

    - Chapter III Building a more humane and inclusive Europe, 6. Fostering Intercultural Dialogue

2. Contribution to core values:

    - The history teaching project contributes to the development of citizenship education, tolerance, mutual respect, intercultural dialogue and social cohesion

3. Committee of Ministers’ decisions:

    - In addition to the Action Plan, the project’s aims and objectives also refer in particular to the Faro Declaration on the Council of Europe’s Strategy for Developing Intercultural Dialogue;
    - The project also refers directly to Article 2 of the European Cultural Convention

4. Consolidation, promotion, implementation of Council of Europe standards:

    - The project aims at implementation of Recommendation Rec(2001)15 on History Teaching in Europe in the 21st Century and its follow up

5. Relevance to Council of Europe country strategies and country-specific needs:

    -The intergovernmental project and bilateral and regional assistance activities are closely linked

6. Timeliness of the project:

    - The growing attention to cultural diversity and its national and international political context call for adaptation and reforms of history teaching as a contribution to citizenship education and intercultural dialogue

Project added value:

    1. Council of Europe as leading agency, most important facilitator:
    - Council of Europe is since 1949 the only European intergovernmental organisation active in history teaching. Rec(2001)15 is the only political text of reference in this area.

 

    2. Project covering new ground:
    - The issue of “The Image of the Other in History teaching” will be looked at taking into account the current situation of cultural diversity. Its consequences for curricula, teaching tools, methodology and teacher training have to be clarified and exemplified.

    3. Possibility of partnerships with other international
    organisations:
    - Links and co-operation with other international intergovernmental organisations (UNESCO, ALECSO, Anna Lindh Foundation, …) are already established as well as with INGOs (Euroclio, European Teachers’ Association and INGOs with participative status).

4. Avoiding duplication:

    - Links and synergies have been established with projects dealing with cultural diversity in other educational frameworks and in social, cultural and youth activities. The project also contributes to the implementation of the White Paper on Intercultural Dialogue.

    5. Reasons for entrusting the Group with these specific tasks:
    - The different experience and expertise needed have to be put together at each stage of the project, in particular when preparing the synthesis and final recommendations.

Financial information: 1 meeting a year, 11 participants.
Annual budget: €16 950, of which €10 000 for reimbursement of meeting participation; €3 900 for interpretation; €3 000 for translation; €50 for document production.

Terms of reference of the Ad hoc Advisory Group on History Teaching (ED-HIST)

1. Name of Group: Ad hoc Advisory Group on History Teaching (ED-HIST)

2. Type of Group: Ad hoc Advisory Group

3. Source of terms of reference: Committee of Ministers, following a proposal by Steering Committee for Education

4. Terms of reference:  

    Having regard to:

    - the Resolution Res(2005)47 concerning committees and subordinate bodies, their mandate
    and their working methods;

    - the Declaration and the Action Plan adopted by the Third Summit of Heads of State

    and Government of the Council of Europe (Warsaw, May 2005) and in particular chapter III.6;

      - the Declaration on the Council of Europe’s Strategy for Developing Intercultural Dialogue adopted
      at the closing conference of the 50th anniversary of the European Cultural Convention (Faro,
      October 2005);

      - Recommendation Rec(2001)15 of the Committee of Ministers to member states on history

    teaching in 21st century Europe;

    Under the authority of the Steering Committee for Education (CDED) and in relation with the implementation of the Project 2006/DG4/898 on “Intercultural dialogue and image of the Other in history teaching” (2006-2009) of the Programme of Activities, the Group is instructed to:

i. advise the Steering Committee for Education on the implementation of this project;

ii. make proposals on activities to be carried out within the framework of this project;


iii. ensure the implementation of the project, in particular, with regard to the production of pedagogical material, summary reports and conclusions;

iv. take account of and contribute to the activities implemented in the framework of the intercultural dialogue

    and of the relevant resolutions of the Standing Conference of European Ministers of Education;

v. submit an annual report to the CDED on the progress of the project;

vi. carry out an evaluation of the work done in the framework of the project before the end of 2008 and advise the CDED on further steps to be taken.

5. Composition of the Group:

5.A Members

i. The Group shall be composed of 11 members to be appointed by the Secretary General:

    - 1 member from the Steering Committee on Education;
    - 3 historians with specialised experience in the areas covered by the project;
    - 2 specialists in training teachers of history and related disciplines;
    - 1 specialist in pedagogical activities carried out in museums or other historical resource centres;
    - 1 ministerial administrator with experience in history teaching;
    - 1 representative from the media having special interests in history and the learning of history;
    - 2 representatives from European teaching associations (EUROCLIO and the European Association of Teachers (AEDE)).

ii. The Council of Europe budget will bear their travel and subsistence expenses.

5.B Participants

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

    - the Steering Committee for Higher Education and Research (CDESR);
    - the Steering Committee for Culture (CDCULT);
    - the Steering Committee for Cultural Heritage (CDPAT);
    - the Joint Council on Youth (CMJ);
    - the North-South Centre.

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

v. The European Commission against Racism and Intolerance (ECRI) may send representatives to meetings of the Group, without the right to vote and at the charge of its administrative budget.

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

5.C Other participants

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

      - United Nations Educational, Scientific and Cultural Organisation (UNESCO);
      - The Arab League Educational, Cultural and Scientific Organisation (ALECSO);
      - The Anna-Lindh Euro-Mediterranean Foundation for Dialogue between Cultures.

5.D Observers

      The following non-governmental organisation may send representatives to the meetings of the Group, without the right to vote or defrayal of expenses:

    - Georg Eckert Institute for International Textbook Research.

6. Working structures and methods:

     
    Under its terms of reference and within the limit of the budget available, the ED-HIST shall have the opportunity to have whatever contacts or engage in whatever consultations it deems necessary with the various Council of Europe sectors, and with experts, NGO representatives and interested professionals, in particular on the occasion of hearings or by means of written consultations.

7. Duration:

    These terms of reference will expire on 31 December 2009.

Appendix 9
(Item 7.2e)

Terms of reference of the European Language Portfolio Validation Committee (ED-EVC)

Fact sheet

Name of Committee: European Language Portfolio Validation Committee (ED-EVC)
Compliance with Resolution Res(2005)47: YES
Programme of Activities: project(s) 2006/DG4/891 “Language education, social inclusion and linguistic diversity”
Project relevance: 1. Third Summit Action Plan:
Chapter III – Articles 1 – 3 – 5 – 6
2. Contribution to core values:

    Right to quality education; democratic culture in education; intercultural dialogue; European standards; mobility

3. Committee of Ministers’ decisions:
Recommendation No. R (98) 6.
Other criteria:
1. Political justification/framework:

    - European Cultural Convention (1954), Article 2
    - 19th and 20th Standing Conferences of European Ministers of Education of the Council of Europe

2. Consolidation, promotion, implementation of Council of Europe standards:
Recommendation No. R (98) 6 of the Committee of Ministers to member states
3. Relevance to Council of Europe country strategies and country-specific needs:
The European Language Portfolio (ELP) brings the standards developed by the Council of Europe in the field of foreign language teaching within the grasp of teachers and learners and contributes to Council of Europe visibility.
4. Timeliness of project(s):
1st ELP was launched in the European Year of Languages 2001. Since then almost 100 portfolios have been accredited. New challenges include the accreditation of electronic portfolios and the link with the Europass recently launched by the EU.

Project added value: 1. Council of Europe as leading agency, most important facilitator:
Standards of linguistic competence elaborated by the Council of Europe have been adopted by the member states and the European Union (European Indicator of Language Competence and Europass); the ELP carries these standards to teachers and learners.
2. Project covering ‘new ground’:
The ELP introduces standards at all levels of the education system while promoting autonomous learning.
3. Possibility of partnerships with other international organisations:
Concrete partnership with the EU already operational:
- the European Commission funds transnational ELP projects;
- the ELP Language Passport is one of the component documents of Europass.
4. Avoiding duplication:
No other international organisation has such a tool to offer citizens.

  Reasons for entrusting this Committee with these specific tasks:
The ED-EVC validates ELP models on the basis of specific criteria that must respect the educational contexts and objectives of the member states while promoting common European objectives (e.g. respect for linguistic/cultural diversity, mobility, lifelong learning); the analysis of a large number of ELP models at each meeting requires substantial expert work ahead of the meeting and in-depth discussion during the sessions, a task which the CDED could not undertake. Each validated ELP model bears the Council of Europe logo and accreditation number in order to ensure that it can be recognised throughout Europe in spite of its individual characteristics; an accreditation procedure is therefore indispensable.
Financial information: Two annual meetings of the Committee (9 members) immediately preceded by a Bureau meeting (5 members)
Annual budget: €28 000, of which €18 000 for reimbursement of participation in meetings; €8 000 for interpretation, €1 700 for translation and €300 for production of documents.

Terms of reference of the European Language Portfolio Validation Committee (ED-EVC)

1. Name of Committee: European Language Portfolio Validation Committee
(ED-EVC)

2. Type of Committee: Ad hoc Advisory Group

3. Source of terms of reference: Committee of Ministers, on the proposal of the Steering

              Committee for Education (CDED)

4. Terms of reference:

    Having regard to:

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

      - European Cultural Convention (1954), Article 2:

      “Each Contracting Party shall, insofar as may be possible,

      a. encourage the study by its own nationals of the languages, history and civilisation of the other Contracting Parties and grant facilities to those Parties to promote such studies in its territory, and

      b. endeavour to promote the study of its language or languages, history and civilisation in the territory of the other Contracting Parties and grant facilities to the nationals of those Parties to pursue such studies in its territory.”

      - Action Plan outlined by the Heads of State and Government of the member states of the Council of Europe at their Third Summit (Warsaw, Poland, 16-17 May 2005), and in particular Section III, paragraphs 1, 3 and 6;

      - Recommendation No. R (98) 6 of the Committee of Ministers to member states concerning Modern Languages, and in particular Article 27 of the Appendix:

      “Encourage the development and use by learners in all educational sectors of a personal document (European Language Portfolio) in which they can record their qualifications and other linguistic and cultural experiences in an internationally transparent manner, thus motivating learners and acknowledging their efforts to extend and diversify their language learning at all levels in a lifelong perspective.”;

      - Resolution No. 1 of the 19th Session of the Standing Conference of Ministers of Education of the Council of Europe (Kristiansand, Norway, 22-24 June 1997), and in particular Article 19:

      “[…] the Education Committee should concentrate on: […]
      - the European Language Portfolio – a document in which the learner can note his/her most significant intercultural experiences and achievements in language learning (both formal and informal) in relation to internationally recognised levels, as described in the Common European Framework, thus facilitating educational and professional mobility; […]”

      - Resolution No. 2 (Resolution on the European Language Portfolio) of the 20th session of the Standing Conference of Ministers of Education of the Council of Europe (Cracow, 15-17 October 2000), and in particular Recommendation 2.1:

      “[…] ask a competent body (such as a national committee) to examine ELP models for compulsory education, to establish whether they meet the agreed criteria, and to forward them with a recommendation to the European Validation Committee; […]”.

      Under the authority of the Steering Committee for Education (CDED), and in relation with the implementation of Project 2006/DG4/891 – “Language education, social inclusion and linguistic diversity” of the Programme of Activities, the Committee is instructed to:

i. ensure the availability of procedures to assist developers of European Language Portfolios (ELP) in seeking accreditation of their models;

ii. examine applications for accreditation of ELP models and grant the right to use the logo and name “European Language Portfolio” (© Council of Europe) on ELP models on the basis of the characteristics set out by the CDED in the Principles and Guidelines (text contained in the Resolution on the European Language Portfolio adopted at the 20th session of the Standing Conference of Ministers of Education of the Council of Europe). In order to do this, the Validation Committee shall:

    - receive ELP models developed by

    (a) national and regional authorities;
    (b) NGOs and INGOs;
    (c) independent education institutions;
    (d) private commercial or non-profit-making institutions;

    - consider the opinions forwarded to it by the national committee for the ELP/national authority or relevant (I)NGO;

    - confirm that a given model conforms to the agreed Principles and Guidelines;

    or

    - clarify why the model submitted has been judged not to correspond sufficiently to the Principles and Guidelines. Such a model may be resubmitted for accreditation once the designers have taken account of the Validation Committee’s recommendations;

iii. bring forward proposals for future policy and further development regarding the ELP and submit them to the CDED for decision.

The Validation Committee will not be responsible for the implementation, dissemination or use of accredited ELP models, which are the responsibility of the relevant national/regional authorities or (I)NGOs.

5. Composition of the Committee:

5.A Members

      The Validation Committee shall be composed of nine (9) specialists in the field of language education policy for plurilingualism who are familiar with the relevant Council of Europe tools and documents, to be appointed by the Secretary General. The Council of Europe budget will bear their travel and subsistence expenses.

6. Working methods and structures:

      The Validation Committee shall meet twice a year and shall conduct its work in accordance with the Rules for the Accreditation of ELP Models adopted by the CDED. Where necessary, in order to expedite the progress of its work, the Validation Committee may organise hearings and/or entrust a limited number of committee members with a specific task to be fulfilled by the next meeting.

7. Duration:

    These terms of reference will expire on 31 December 2010.

Appendix 10
(Item 10.2)

Reply to Parliamentary Assembly Recommendation 1820 (2007) on
“Co-operation between the Assembly and the Conference of INGOs”

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

1. The Committee of Ministers recalls that, on the occasion of the Third Summit, the Heads of State and Government of the member states expressed the conviction that effective democracy and good governance can only be achieved “through the active involvement of citizens and civil society”. Therefore, the Committee of Ministers shares the objective, underlying the recommendation of the Assembly, to strengthen the role of NGOs in member states.

2. The recommendation refers to Assembly Resolution 1589 (2007) on “Co-operation between the Parliamentary Assembly and the Conference of INGOs”. The Committee of Ministers takes this opportunity to express its satisfaction with the co-operation of the Conference of INGOs, not only with the Assembly, but equally with the other sectors of the Organisation.

3. As to the specific measures proposed by the Assembly, the European Committee on Legal Co-operation (CDCJ) is empowered to follow the state of ratification of the treaties within its competence, including the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS No. 124). This activity is most effective in promoting signature, ratification and implementation of the convention in question, which the Committee of Ministers indeed encourages.

4. In addition, the Committee of Ministers is pleased to inform the Assembly that it adopted Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations in Europe, at its 1006th meeting on 10 October 2007. This text builds, inter alia, upon the “Fundamental principles on the status of non-governmental organisations in Europe”, mentioned by the Assembly in paragraph 2.3 of its recommendation, which then becomes moot.

5. The Committee of Ministers notes the setting up of Expert Council on NGO Law by the Conference of INGOs and acknowledges that Recommendation CM/Rec(2007)14 will be one of the main reference texts for the work of the Expert Council.

6. Finally, as far as the participation of national NGOs at meetings of the Standing Committee is concerned, the Committee of Ministers takes note of the invitation extended by the Assembly to member states holding the chairmanship of the Committee of Ministers of the Council of Europe to encourage active participation of key national NGOs at meetings of the Standing Committee they host in their countries.

Appendix to the reply

Opinion of the European Committee on Legal Co-operation (CDCJ) on Parliamentary Assembly Recommendation 1820 (2007)

1. Following the adoption by the Parliamentary Assembly of Recommendation 1820 (2007) on “Co-operation between the Assembly and the Conference of INGOs”, the Committee of Ministers decided to communicate it to the European Committee on Legal Co-operation (CDCJ), for information and possible comments by 15 March 2008.

2. The Bureau of the CDCJ took note of the recommendation of the Parliamentary Assembly and decided to comment on domains which are of particular interest to the CDCJ.

3. The Bureau of the CDCJ welcomes the invitation made by the Parliamentary Assembly to the Committee of Ministers to “encourage those member states, which have not yet done so, to ratify the European Convention on the recognition of the legal personality of international non-governmental organisations (ETS No. 124), opened for signature in 1986” (hereinafter Convention No. 124) (paragraph 2.1 of the recommendation).

4. The Bureau of the CDCJ underlines that Recommendation CM/Rec(2007)14 of the Committee of Ministers to member states on the legal status of non-governmental organisations in Europe – which is referred to in paragraph 2.2 of the recommendation of the Parliamentary Assembly – was adopted by the Committee of Ministers on 10 October 2007 at the 1006th meeting of the Ministers’ Deputies.

5. The Bureau of the CDCJ furthermore notes that the preamble of Recommendation CM/Rec(2007)14 has regard to Convention No. 124 and to the desirability of enlarging the number of its contracting parties.

6. The Bureau of the CDCJ recalls that, as the other steering committees, the CDCJ has an important role to play in examining the evaluation of the existing Council of Europe legal instruments in the areas of its competence and, where necessary, their implementation in member states, as well as disseminating good practices.

7. Therefore, in accordance with its task of implementation, monitoring and evaluation of standards as defined in its terms of reference and in its Action Plan for 2008-2010, the CDCJ will, should financial and human resources permit, raise awareness on Convention No. 124 and Recommendation CM/Rec(2007)14, and promote legal reforms aiming at increasing NGO participation in Council of Europe member states, thus contributing to fulfilling the Warsaw Action Plan, Chapter I, item 3, paragraph 5.

Appendix 11
(Item 10.3)

Reply to Parliamentary Assembly Recommendation 1814 (2007) on
“Towards decriminalisation of defamation”

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has studied Parliamentary Assembly Recommendation 1814 (2007) entitled “Towards decriminalisation of defamation” with great attention. It has communicated the recommendation to the governments of member states as well as to the Steering Committee on the Media and New Communication Services (CDMC), the European Committee on Crime Problems (CDPC), the Steering Committee on Human Rights (CDDH) and the Council of Europe Commissioner for Human Rights, for information and possible comments. The comments received are contained in the Appendix.

2. By decision of 24 November 2004, the Committee of Ministers instructed the Steering Committee on Mass Media (CDMM), which subsequently became the Steering Committee on the Media and New Communication Services (CDMC), inter alia, to look into “the alignment of laws on defamation with the relevant case law of the European Court of Human Rights, including the issue of decriminalisation of defamation”. It took note of the reply received in September 2006 and of the fact that the CDMC considered it desirable that member states should take a proactive approach in respect of defamation by examining, even in the absence of judgments of the European Court of Human Rights concerning them directly, domestic legislation against the standards developed by the Court and, where appropriate, aligning criminal, administrative and civil legislation with those standards. In the above-mentioned document, the CDMC also considered that steps should be taken to ensure that the application in practice of laws on defamation complies fully with those standards.

3. The Committee of Ministers endorses this view, as well as the Parliamentary Assembly’s call on member states to take such measures, with a view to removing all risk of abuse or unjustified prosecutions.

4. Bearing in mind the role of the European Court of Human Rights in developing general principles on defamation through its case law and its power to adjudicate claims of violations of Article 10 in specific cases, the Committee of Ministers does not consider advisable at this point in time to develop separate detailed rules on defamation for member states.28

5. Finally, the Committee of Ministers considers that there is no need at present to revise its Recommendation No. R (97) 20 on hate speech or to prepare guidelines on this subject. More efforts could instead be made by member states to give the recommendation more visibility and to make better use of it.

Appendix to the reply

Comments of the Steering Committee on the Media and New Communication Services (CDMC) on
Parliamentary Assembly Recommendation 1814 (2007)

1. The Steering Committee on the Media and New Communication Services (CDMC) supports the Parliamentary Assembly’s call to all member states to review their defamation laws and, where necessary, make amendments in order to bring them into line with the case law of the European Court of Human Rights, with a view to removing all risk of abuse or unjustified prosecutions.

2. In this context, the CDMC would like to refer to its reply to the Committee of Ministers on the alignment of laws on defamation with the relevant case law of the European Court of Human Rights, including the issue of decriminalisation of defamation (document CM(2006)148, Appendix II), in which the CDMC found that there is an urgent need for the Council of Europe to promote strict alignment of national criminal, administrative and civil laws on defamation with the relevant case law of the European Court of Human Rights.

3. In the above-mentioned document, the CDMC also deemed it desirable that member states should take a proactive approach in respect of defamation by examining, even in the absence of judgments of the European Court of Human Rights concerning them directly, domestic legislation against the standards developed by the Court and, where appropriate, aligning criminal, administrative and civil legislation with those standards. Where necessary, steps should also be taken to ensure that the application in practice of laws on defamation complies fully with those standards.

4. The reply and related background document29 also set out the general principles that the Court has developed in its case law on defamation. Given the European Court of Human Rights’ own role and its power to adjudicate claims of violations of Article 10 in specific cases, having regard to all surrounding circumstances, the CDMC does not consider it advisable at this point in time to develop separate detailed rules on defamation for member states.

Finally, in the CDMC’s view there is no need at present to revise the Committee of Ministers’ Recommendation No. R (97) 20 on hate speech or to prepare guidelines taking into account new developments on this subject, notably as regards the European Court of Human Rights’ case law. More efforts could however be made by member states to give the recommendation more visibility and make better use of it. The CDMC would underline that, in addition to other state bodies, national parliaments have a key role to play in this respect, as they also do concerning more generally the alignment of laws on defamation with the relevant case law of the European Court of Human Rights.

Appendix 12
(Item 10.4)

Reply to Parliamentary Assembly Recommendation 1815 (2007) on
“Prostitution – Which stance to take?”

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has examined with attention Parliamentary Assembly Recommendation 1815 (2007) on “Prostitution – Which stance to take?” It has transmitted it to the governments of member states, to the European Committee on Crime Problems (CDPC), to the European Committee on Legal Co-operation (CDCJ) and to the Steering Committee for Equality between Women and Men (CDEG), for information and possible comments. The comments received from these committees are appended to this reply.

2. The Committee of Ministers refers to the Assembly’s Recommendation 1815 (2007), paragraph 2, which states that all necessary measures must be taken to combat forced prostitution and trafficking in human beings. It considers that trafficking in human beings, most notably women and children, and other forms of sexual exploitation, constitutes a human rights violation and an intolerable insult to a person’s dignity and integrity.

3. In line with the Parliamentary Assembly’s recommendation, the Committee of Ministers calls on member states to sign and ratify the Council of Europe Convention on Action to Combat Trafficking in Human Beings (CETS No. 197) as soon as possible and, in the meantime, to apply its provisions, in particular those on victim protection. The Committee is presently following the establishment of its monitoring mechanism closely, with the aim of establishing an efficient independent body that can become operative as soon as possible. It supports the Assembly’s recommendation that the European Community should ratify the convention and will raise this issue with the European Commission in the appropriate context.

4. The Committee of Ministers agrees with the statement made in the Assembly’s Resolution 1579 (2007) “Prostitution – Which stance to take?” that child prostitution can never be voluntary, as children do not have the capacity to “consent” to prostitution. As regards child prostitution, anyone under the age of 18 is to be defined as a child. Like the Assembly, the Committee of Ministers considers that child prostitution needs to be combatted energetically on the basis of a zero-tolerance approach.

5. The Committee of Ministers wishes to draw particular attention to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201), which was opened for signature in October 2007 and has already been signed by 28 member states. On the occasion of the 118th Ministerial Session held in Strasbourg on 7 May 2008, the Ministers called on all Council of Europe member states to ratify it rapidly. The issue of child prostitution and the concerns raised by the Parliamentary Assembly in its Resolution 1579 (2007), in particular that member states should prohibit child prostitution (i.e. prostitution involving persons under the age of 18) and undertake an approach based on prevention, protection of victims and prosecution of clients, are adequately addressed by this instrument. Its Article 3 defines a child as any person under the age of 18 years. Article 19 on “Offences concerning child prostitution” requires parties to make certain conducts related to child prostitution criminal offences, including the recruitment or coercion of a child to participate in prostitution and the recourse to child prostitution. The provision establishes links between demand and supply of child prostitutes by requiring criminal sanctions for both the recruiters and those having recourse to child prostitution. In addition, the Convention contains extensive provisions on preventive measures and protection of child victims and witnesses. The Committee of Ministers finally wishes to inform the Assembly that further work is being undertaken within the Organisation on children who are witnesses to or victims of crime, following the resolution adopted during the 27th Conference of European Ministers of Justice “Victims: place, rights and assistance”, held in Yerevan (Armenia) on 12 and 13 October 2006.

6. As regards adult prostitution, the Parliamentary Assembly recommends that Council of Europe member states should formulate an explicit policy on prostitution and in particular avoid double standards and policies which criminalise and penalise prostitutes. The Committee of Ministers notes, as did the Assembly in the above-mentioned resolution that the approaches adopted in the 47 member states of the Council of Europe vary widely in this field. For this reason, a common policy on prostitution can only be formulated with great difficulty at this stage. However, in the light of the strong human rights implications of the prostitution phenomena, which are extensively referred to by the Assembly in its resolution, the Committee instructs the CDPC to carry out a study on the feasibility of formulating such a policy.

Appendix 1 to the reply

Opinion of the European Committee on Crime Problems (CDPC) on Parliamentary Assembly Recommendation 1815 (2007)

1. Following the adoption by the Parliamentary Assembly of Recommendation 1815 (2007) on “Prostitution – Which stance to take?”, the Committee of Ministers decided to communicate it to the European Committee on Crime Problems (CDPC), for information and possible comments. The CDPC examined the above recommendation and decided to contribute to the response of the Committee of Ministers by providing the following comments concerning matters within its fields of competence.

2. The CDPC shared the Parliamentary Assembly’s belief that all necessary measures must be taken to combat forced prostitution and trafficking in human beings, in particular by encouraging all Council of Europe member states which have not yet done so to sign and ratify the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) as soon as possible and, in the meantime, apply its provisions, in particular those on victim protection, including to victims of trafficking in human beings who have been forced into prostitution. In this respect, the CDPC welcomed the fact that this convention had recently received its 10th ratification and would enter into force on 1 February 2008, and that the convention’s monitoring mechanism, GRETA, would soon be able to commence its work.

3. The CDPC supported the Parliamentary Assembly’s recommendation that the Committee of Ministers ask the European Community to ratify the convention as a matter of priority, in accordance with the recently signed Memorandum of Understanding between the Council of Europe and the European Union.

4. As regards the recommendation that the Committee of Ministers address child prostitution (prostitution of anyone below the age of 18) in its relevant steering committees, the CDPC wished to draw particular attention to the new Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201), which was opened for signature on 25 October 2007 on the occasion of the 28th Conference of European Ministers of Justice in Lanzarote, and which has been signed by 25 member states.

5. Article 3 of the convention defines a child as any person under the age of 18 years. Article 19 on “Offences concerning child prostitution” requires Parties to make certain conducts related to child prostitution criminal offences, including the recruitment or coercion of a child to participate in prostitution and the recourse to child prostitution. The provision establishes links between demand and supply of child prostitutes by requiring criminal sanctions for both the recruiters and those having recourse to child prostitution. Finally, the convention contains extensive provisions on preventive measures and protection of child victims and witnesses.

6. Therefore, the CDPC believed that the issue of child prostitution and the concerns raised by the Parliamentary Assembly in its Resolution 1579 (2007), in particular that member states should prohibit child prostitution (under the age of 18) and undertake an approach based on prevention, protection of victims and prosecution of clients, have already been adequately addressed by the above-mentioned Council of Europe instrument.

7. In addition, the CDPC referred to Resolution No. 2 on child-friendly justice, adopted at the 28th Conference of European Ministers of Justice30, which could lead to future work of the Council of Europe in the field of protection of children. In particular the resolution calls upon states to become parties to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and invites the Committee of Ministers to entrust the European Committee on Crime Problems (CDPC), the European Committee on Legal Co-operation (CDCJ), the Steering Committee for Human Rights (CDDH) as well as the European Commission for the Efficiency of Justice (CEPEJ), in co-operation with other competent bodies of the Council of Europe, to prepare elements for European guidelines for child-friendly justice.

8. Regarding adult voluntary prostitution, the CDPC took note of the Parliamentary Assembly’s recommendation that member states of the Council of Europe formulate an explicit policy on prostitution, in particular avoiding double standards and policies which criminalise and penalise prostitutes. The CDPC expressed its readiness to embark on any future activity to that end in its field of competences.

Appendix 2 to the reply

Opinion of the European Committee on Legal Co-operation (CDCJ) on Parliamentary Assembly Recommendation 1815 (2007)

1. Following the adoption by the Parliamentary Assembly of Recommendation 1815 (2007) on “Prostitution – Which stance to take?”, the Committee of Ministers decided to communicate it to the European Committee on Legal Co-operation (CDCJ), for information and possible comments by 31 December 2007.

2. The Bureau of the CDCJ took note of the recommendation of the Parliamentary Assembly and decided to comment on the following points which fall within its area of responsibility.

3. The Bureau of the CDCJ considers that other important issues raised by the recommendation (and related resolution), such as policies concerning voluntary adult prostitution, will be dealt with by the competent steering committees of the Council of Europe and will thus prevent itself from addressing those issues.

4. Concerning the recommendation made in paragraph 3 to the Committee of Ministers, “to address the issue of child prostitution […] in its relevant steering committees”, the work currently carried out under the aegis of the CDCJ will be pointed out.

5. Children’s rights have been of particular concern for the CDCJ for a number of years, and will continue to be one of the priority areas of work for the coming years, inter alia, as a direct follow-up to the Resolution No. 2 on child-friendly justice adopted by the European Ministers of Justice.31

6. The Ministers of Justice, with this resolution, invite the Committee of Ministers to entrust its relevant bodies, including the CDCJ, to examine the access and the place of children in judicial proceedings and to prepare elements for European guidelines for child-friendly justice.

7. The Bureau of the CDCJ considers that a reflexion concerning the duties and the role of state to intervene and remove children from the authority of their parents or guardians, and place them in care could take place within the CDCJ.

8. The particular vulnerability of children who are victims or witnesses of crime will be considered, following up on the work carried out this year by one of the subordinate bodies of the CDCJ, the Group of Specialists on remedies for crime victims (CJ-S-VICT) which was established further to the adoption of Resolution No. 1 on victims of crime.32

9. The Group has recently finalised its report which deals in some parts with children, victims of crime, and more specifically victims of sexual exploitation and/or trafficking in human beings. The Group recalled that the best interests of children are to be given primary consideration and that children who have been harmed by crime or who have witnessed crimes are to be protected and treated fairly in courts.

10. As underlined by the Group, children victims of crime are often confronted with a supplementary difficulty and access to justice for children should be assessed in each jurisdiction, and any existing obstacles removed. The Group furthermore agreed that the question of their representation in judicial proceedings, when there is a clear conflict of interest between the child's interests and the holders of parental responsibility or legal guardians, should be considered and the possibility in such cases of having a special legal representative appointed examined.

11. Concerning victims of trafficking who are children, the Group underlined that special measures should be accorded to them and that “unaccompanied children should be represented by legal guardians, organisations or authorities which shall act in the best interests of the victim”.

12. The Bureau of the CDCJ also notes that the child’s rights to privacy and the protection of personal data are of particular importance and relevance for children victims of sexual exploitation.

13. The Bureau of the CDCJ furthermore welcomes the call made to the Committee of Ministers to “encourage all Council of Europe member states which have not yet done so to sign and ratify the Council of Europe Convention on Action to Combat Trafficking in Human Beings (CETS No. 197) as soon as possible” and looks forward to the entry into force of this convention on 1 February 2008, which will provide a comprehensive framework for the protection and assistance of victims, with a particularly important child-sensitive orientation.

14. The Bureau of the CDCJ would also wish to see this call for signature and ratification extended to the new Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201), opened for signature in October 2007

Appendix 13
(Item 10.5)

Reply to Parliamentary Assembly Recommendation 1802 (2007) on the
“Situation of longstanding refugees and displaced persons in South-Eastern Europe”

(Adopted by the Committee of Ministers on 11 June 2008
at the 1029th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has carefully studied Recommendation 1802 (2007) of the Parliamentary Assembly on the “Situation of longstanding refugees and displaced persons in South-Eastern Europe”. It thanks the Assembly for providing an up-to-date and panoramic picture of the situation in that region, emphasising both progress made and action still needed to improve conditions for the return of refugee and displaced populations even further. It has transmitted the recommendation to the member states, and communicated it to the European Committee on Migration (CDMG), the Committee of Experts on Roma and Travellers (MG-S-ROM) and the Steering Committee for Human Rights (CDDH), for information and possible comments. The comments received are appended.

2. The Committee of Ministers reaffirms the position taken in this field in the Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, May 2005). The Council of Europe is pursuing its efforts to devise and implement policies on migration and integration based on the principles of respect for human rights, democracy and the rule of law, for the purpose of ensuring orderly migration, social cohesion and respect for individuals.

3. The Committee of Ministers wishes to inform the Assembly that it regards the return, integration and reintegration of refugees, displaced persons and persons under humanitarian protection as one of the main challenges facing the countries of South-Eastern Europe, and one of the continuous priorities of action by the Council of Europe in the field of migration. The Committee of Ministers acknowledges the progress achieved and welcomes the national endeavours as well as bilateral and regional co-operation or initiatives in this matter. It supports further efforts in finding appropriate solutions to the outstanding issues.

4. The Committee of Ministers recalls that the CDMG’s work in this area is based on several major principles, to which it would like to draw the attention of the Parliamentary Assembly and the member states in the region. It considers that policies on community relations should be inspired by the principles laid down in its Recommendation No. R (92) 12, i.e. security of residence for lawful migrants, determined action to bring about real equality of opportunity, effective measures to combat racism and xenophobia, fullest possible participation of migrants in the life of the host community, and openness to the cultures and customs of migrants. These policies should also, as decided by the European Ministers responsible for Migration Affairs at their last conference (Helsinki, September 2002), promote an open and welcoming society, favouring full and comprehensive participation by all in economic, social, cultural and political life, mutual understanding, and a willingness to adjust on the part of both majority and minority communities.

5. The Committee of Ministers refers to the public policy recommendations elaborated by the CDMG in its main texts on integration and community relations, especially its reports on community relations in Europe (1991) and on diversity and cohesion : new challenges for the integration of immigrants and minorities (2000), as well as its Framework of integration policies (2000) and its series of publications on the various aspects of community relations (e.g. access to employment, religion, the fight against racist and xenophobic violence, the problems of women, police training). It informs the Assembly that migration management and the integration of migrants and their families will remain priorities in this field in the 2008 Programme of Activities. The Committee of Ministers also refers to its Recommendation Rec(2006)6 on internally displaced persons.

6. The Committee of Ministers urges all the governments and competent authorities concerned in the region to take note of paragraph 14.1 of the recommendation and, in particular, implement the instruments mentioned by the Parliamentary Assembly. Taking note of the views and suggestions expressed in this recommendation, the Committee of Ministers underlines the importance for the whole region to provide an adequate response to the needs of refugees, returnees and IDPs through finding a durable solution for their voluntary and sustainable return or their local integration.

7. Finally, the Committee of Ministers has asked its Chair to send the recommendation and this reply to the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights and the Governing Board of the Council of Europe Development Bank.

Appendix to the reply

Opinion of the European Committee on Migration (CDMG) on Parliamentary Assembly Recommendation 1802 (2007)

1. The European Committee on Migration (CDMG) welcomes the attention of the Parliamentary Assembly of the Council of Europe to the situation of longstanding refugees and internally displaced persons (IDPs) in South-East Europe. CDMG reminds the Committee of Ministers that its members from South-East Europe have identified, as one of their major challenges for the region and priorities for future action by the Council of Europe, the return and (re-)integration of refugees, IDPs and persons under humanitarian protection.

2. This topic was one of several topics relevant to migration and integration that were presented and discussed during an exchange of views on the challenges and priorities for South-East Europe at the 53rd meeting of CDMG (Strasbourg, 14-16 May 2007). Other topics included labour migration within and out of the region, assistance in the implementation of re-admission agreements, voluntary returns and the re-integration of returnees, and relations with diasporas. CDMG has agreed that these topics should be reflected in the proposals that it is currently preparing for the attention of the Committee of Ministers for future activities on migration, integration and community relations.

3. Notwithstanding the proposals for possible future activities, the Committee of Ministers may wish to remind the Parliamentary Assembly and draw the attention of the member states in the region to the important body of advice and guidance on policy and practice that CDMG has developed on integration and community relations. It considers that this body of advice and guidance can be usefully drawn upon and applied in the context of the issues raised by the recommendation of the Parliamentary Assembly, and in particular those mentioned in paragraphs 14.1.7 and 14.1.8.

4. CDMG reminds the Committee of Ministers that its work in this area is based on several important principles, to which it may wish to draw the attention of the Parliamentary Assembly and member states in the region. In the opinion of CDMG, community relations policies should be based on the principles set out in Recommendation No. R (92) 12 of the Committee of Ministers, namely: security of residence for lawful migrants, determined action to bring about real equality of opportunity, effective measures to combat racism and xenophobia, fullest possible participation of migrants in the host society, and an attitude of openness to migrants’ cultures and customs. Moreover, they should, as undertaken by the European Ministers responsible for migration affairs at their last conference (Helsinki, September 2002) promote an open and welcoming society that encourages the full participation of everyone in economic, social, cultural and political life and the mutual understanding and willingness of majority and minority communities to adapt.

5. CDMG refers, in particular, to the advice set out in its principal texts on integration and community relations ; notably its reports on Community and ethnic relations in Europe (1991) and Diversity and cohesion : new challenges for the integration of immigrants and minorities (2000) and its Framework for integration policies (2000), as well as its series of publications on different aspects of community relations (for example, access to employment, religion, tackling racist and xenophobic violence, problems faced by women, police training).

6. CDMG also wishes to draw attention of the Parliamentary Assembly to its ongoing co-operation with the UNHCR. It wishes to inform the Parliamentary Assembly that, currently, it prepares together with the UNHCR Office in Bosnia and Herzegovina a conference that is aimed to assist the government of Bosnia and Herzegovina in developing viable and effective policy on the integration of refugees and IDPs. The conference should take place in Mostar in the beginning of 2008.

Appendix 14
(Item 11.2)

The following table replaces the Table C of Appendix to Resolution CM/Res(2007)47:

Note + There were no decisions under this item.
Note 2 See also document CM/AS(2008)Rec1791 final.
Note 3 See also document CM/AS(2008)Rec1810 final.
Note 4 See also document CM/AS(2008)Rec1820 final.
Note 5 See also document CM/AS(2008)Rec1814 final.
Note 6 See also document CM/AS(2008)Rec1815 final.
Note 7 See also document CM/AS(2008)Rec1802 final.
Note 8 States concerned: Andorra, Austria, Croatia, Cyprus, Finland, Hungary, Ireland, Italy, Luxembourg, Malta, Montenegro, Netherlands, Portugal, San Marino, Serbia, Spain and Switzerland.

9 DGIV/EDU/CIT(2007)10 rev, Study requested by the Ad hoc Committee of Experts for the European Year of Citizenship through Education (CAHCIT).

Note 10 DG-II(2002)006, Study prepared by the CDDH on technical and legal issues of a possible EC/EU accession to the European Convention on Human Rights.
Note 11 CDDH(2003)026 Addendum II, Final activity report on the protection of human rights during armed conflict as well as during internal disturbances and tensions.
Note 12 CDDH(2007)011 Addendum II.
Note 13 Committee of Experts on Issues relating to the Protection of National Minorities.
Note 14 Document CDEG (2005)1.
Note 15 Its terms of reference result directly from the Action Plan adopted at the Third Summit of Heads of State and Government in 2005. As a Council of Europe sui generis ad hoc committee, it is directly answerable to the Committee of Ministers.
Note 16 See § 14 of the recommendation.
Note 17 Please provide a summary (100 words maximum) of your qualifications relevant for membership of GRETA.
Note 18 In particular, specify whether you hold a decision-making position as regards defining and/or implementing policies in the field of action against trafficking in human beings in government or in any other organisation or entity which may give rise to a conflict of interest with the responsibilities inherent to membership of GRETA.
Note 19 Add separate entries for the most relevant professional activities, starting from the most recent.
Note 20 Add separate entries for the most relevant responsibilities outside your principal professional activity, starting from the most recent.
Note 21 Add separate entries for the most relevant courses you have completed, starting from the most recent.
Note 22 Please list recent relevant publications, starting from the most recent, but not more than 10.
Note 23 Please indicate the software packages you are familiar with.
Note 24 Please specify any other IT skills and competences.
Note 25 Please provide a self-assessment of your level in languages other than your mother tongue using the following Common European Framework of Reference for Languages.
Note 26 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.
Note 27 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.
Note 28 The above-mentioned report, prepared by the CDMC (document CM(2006)148, Appendix II), sets out the general principles developed by the Court by the time of the publication of the report.
Note 29 Examination of the alignment of the laws on defamation with the relevant case-law of the European Court of Human Rights, including the issue of decriminalisation of defamation (CDMC(2005)007).
Note 30 Lanzarote (Spain), 25 and 26 October 2007.
Note 31 28th Conference of European Ministers of Justice “Emerging issues of access to justice for vulnerable groups, in particular: migrants and asylum seekers, and children, including children as perpetrators of crime”, held in Lanzarote (Spain) on 25 and 26 October 2007.
Note 32 Resolution adopted during the 27th Conference of European Ministers of Justice “Victims: place, rights and assistance”, held in Yerevan (Armenia) on 12 and 13 October 2006.


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