1048th meeting – 11-12 February 2009

Appendix 9
(Item 4.4c)

Terms of reference of the Working Group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS)

Fact sheet

Name of Group:

Working Group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

2008/DGHL/1409 “Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues”.

Project relevance:

The Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005, notably chapter I.2 “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”.

The Statute of the Council of Europe (1949, ETS No. 001) – Contribution to core values: protection and promotion of human rights, rule of law and democratic pluralist system.

Decision No. CM/868/14062006, adopted by the Ministers’ Deputies at their 967th meeting (14 June 2006), “giving ad hoc terms of reference to the CDDH with a view to examining the question of human rights protection in the context of accelerated asylum procedures and, as appropriate, to draft guidelines in this field” is the source of political justification and framework of the Group’s work.

Project added value:

This work, which involves representatives of civil society, reflects in particular the case law of the European Court of Human Rights and contributes to helping member states elaborate, promote and implement accelerated asylum procedures in full compliance with the fundamental values of the Council of Europe.

In partnership with other international organisations (governmental or otherwise), which will be represented in the meetings of the Working Group, the CDDH pays particular attention at avoiding any duplication and providing contributions from its own specific “human rights” perspective (see also Project 2008/DGHL/1409 mentioned above).

Financial information:

Work will be completed in 2009 by the GT-DH-AS (8 members) which will meet once.

The cost is about €21 000 = €8 000 (experts’ costs) + €8 000 (interpretation costs) + €1 000 (translation costs) + €1 000 (production of documents) + €3 000 (publication costs).

Terms of reference of the Working Group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS)

1.

Name of Group:

Working Group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS)

2.

Type of Group:

Ad hoc Advisory Group

3.

Source of terms of reference:

Committee of Ministers on the proposal of the Steering Committee for Human Rights (CDDH)

4.

Terms of reference:

 

Having regard to:

-

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

-

the Declaration and the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe member states (Warsaw, 16-17 May 2005, CM(2005)80 final, 17 May 2005), in particular chapter I.2 “Protecting and promoting human rights through the other Council of Europe institutions and mechanisms”;

-

Decision No. CM/868/14062006, adopted by the Ministers’ Deputies at their 967th meeting (14 June 2006), giving ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) with a view to examining the question of human rights protection in the context of accelerated asylum procedures and, as appropriate, to draft guidelines in this field ;

-

the Convention for the Protection of Human Rights and Fundamental Freedoms (1950, ETS No. 005).

 

Under the authority of the Steering Committee for Human Rights (CDDH) and in relation with the implementation of Project 2008/DGHL/1409 “Substantive legal analysis of human rights issues and input in the development of Council of Europe policies on such issues”, the Group is instructed to:

i.

finalise the drafting of guidelines on the question of human rights protection in the context of accelerated asylum procedures;

ii.

in this context, to take into account the information and standards emanating from the Council of Europe and other international mechanisms, such as relevant recommendations of the Committee of Ministers, reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the case law of the European Court of Human Rights, documents developed within the framework of the UNHCR and the International Law Commission.

5.

Composition of the Group:

5.A.

Members

The Group shall be composed of 8 specialists with the relevant qualifications in issues concerning the right of asylum, appointed by the governments of the following member states: Armenia, Finland, Latvia, Poland, Romania, Sweden, Switzerland and the United Kingdom.

The Council of Europe budget will bear their travel and subsistence expenses. The above-mentioned states may send (an) additional representative(s) to meetings of the Group at their own expense. Other countries may send (a) representative(s) to meetings of the Group at their own expense.

5.B.

Participants

i.

The following committees may each send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of the corresponding Council of Europe budget sub-heads:

- the European Committee on Legal Co-operation (CDCJ);
- the European Committee on Migration (CDMG).

ii.

The European Commission against Racism and Intolerance (ECRI) may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of its administrative budget.

iii.

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

iv.

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

v.

The Registry of the European Court of Human Rights may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of its administrative budget.

vi.

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

vii.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Group, without the right to vote and at the expense of the body that they represent.

5.C.

Other participants

i.

The European Commission and the Council of the European Union may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses.

ii.

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

iii.

The following bodies and intergovernmental organisations may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses :

- Organisation for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR);
- Office of the United Nations High Commissioner for Human Rights;
- Office of the United Nations High Commissioner for Refugees.

5.D.

Observers

The following non-member state:

- Belarus;

and the following non-governmental organisations:

- Amnesty International;
- International Commission of Jurists (CIJ);
- International Federation of Human Rights (FIDH);
- European Roma and Travellers Forum;
- European Group of National Institutions for the Promotion and Protection of Human Rights;

may send (a) representative(s) to meetings of the Group, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

 

In order to carry out its tasks, the Group may, where necessary, seek advice of external experts, have recourse to consultants and consult with relevant non-governmental organisations and other members of civil society.

The CDDH is entitled to invite other participants and/or observers to the Group, without the right to vote or defrayal of expenses.

7.

Duration:

 

These terms of reference will expire on 31 December 2009.



 Top

 

  Related Documents
 
   Meetings
 
   Other documents