Ministers' Deputies
    Information documents

    CM/Inf(2004)15 (public) 2 April 2004
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    Programme of Activities 2003

    Evaluation Report

    Document prepared by the Directorate of Strategic Planning (DSP)
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    Contents

    Introduction 9

    PART I : General conclusion of the evaluation of the 2003 activities 11

    PART II : Programme by Programme Analysis 15

    Line of Action 1: Compliance with Human Rights and Rule of Law standards 15
    Convention for the Protection of Human Rights and Fundamental Freedoms: Court's judgments and execution 15
    · Project Assistance to the CM in the control of the execution of the Court's judgments 15
    · Project Assistance to the CM and other bodies in relation to certain aspects of the implementation of ECHR 17
    European Social Charter 19
    · Project Respect of the rights guaranteed by the European Social Charter 19
    European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) 20
    · Project Preventing the ill-treatment of persons deprived of their liberty 20
    Framework Convention for the Protection of National Minorities 22
    · Project Protection of national minorities by monitoring the implementation of FCNM 22
    European Charter for Regional or Minority Languages 23
    · Project Implementation and promotion of the European Charter for Regional or Minority Languages 23
    European Commission against Racism and Intolerance (ECRI) 24
    · Project Combating racism, xenophobia, anti-Semitism and intolerance 24
    European Code of Social Security 26
    · Project Code of Social Security 26
    Convention on the Legal Status of Migrant Workers 27
    · Project Enhancing the Legal Status of Migrants 27
    MONEYVAL 28
    · Project Anti-money laundering measure evaluation programme (MONEYVAL) 28

    CEPEJ 29
    · Project Monitoring and improving Efficiency of Justice 29
    Monitoring by other Conventional Committees 29
    · Project ETS No 108 - Protection of individuals with regard to the automatic processing of personal data 29
    · Project Monitoring the operation of Conventions on Co-operation in the criminal field 30

    Line of Action 2: Human Rights in Public Policy 31
    Human Rights Law and Policy Development 31
    · Project Coherence and synergies in the development of HR law and policy of different fora (UN, OSCE, EU..) 31
    · Project Legislative Reform/compatibility 31
    · Project More effective HR protection in situations of conflict and tension / Developing appropriate answers 33
    · Project Substantive legal analysis of human rights issues and input in the development of CM on such issues 33
    Improving procedures, mechanisms and remedies 34
    · Project Enhancing the Office of the Government Agent to the European Court of
    Human Rights 34

    · Project Promotion of non-judicial mechanisms for the protection of Human Rights 35
    · Project Reform of the system of the Convention for the Protection of Human Rights and Fundamental Freedoms 35
    · Project Securing effective national remedies, including special remedies for pilot cases 36
    Human Rights awareness and training 36
    · Project Improving access to the case law of the ECHR and findings of other HR treaty bodies 36
    · Project Preparation of human rights training and awareness materials 36
    · Project Awareness and training for the protection of specific rights or specific groups 37
    · Project Support for civil society structures and activities 37
    · Project Training of judges, prosecutors and lawyers 38
    · Project Training of law enforcement officials 38
    · Project Developing standards and materials for human rights education (HRE) 38
    · Project Youth promoting human rights and social cohesion 38
    Access to Social Rights 40
    · Project Citizens Role in Health 40
    · Project Equity in Access to Health Care 40
    · Project Promoting effective access to social protection, social services, housing and employment 41
    Vulnerable Groups (including ''exploitation of human beings'') 43
    · Project Action against trafficking in human beings 43
    · Project Access to Social Rights for people with special needs 43
    · Project Effective Access to Basic Social Rights for Immigrants 44

    Equality and non-discrimination, in particular concerning minorities 45
    · Project Protecting and promoting the rights of persons belonging to national minorities 45
    Freedom of expression and information 46
    · Project Standard-setting and policy assistance on topical issues concerning the media 46
    · Project Legislative assistance, training, awareness raising 46
    · Project Transfrontier Television 47

    Line of Action 3: Building a society based on the Rule of Law 49
    Democratic responses to terrorism 49
    · Project A legal framework for the fight against terrorism 49
    European standards for crime control 50
    · Project Effective measures to fight economic crime 50
    · Project Criminal law and policy development, police, prison systems and alternatives
    to imprisonment 52

    Functioning and efficiency of justice 54
    · Project Access to justice, independence of the judiciary, Alternative Dispute Resolution (ADR), IT and law 54
    · Project Training of legal professionals 56
    Law making 56
    · Project Public international law 56
    Individuals and the state: a legal framework 57
    · Project Guidelines and standards in the field of nationality, statelessness, asylum
    and refugees 57

    · Project Administrative law and administrative justice 58
    European standards for relations between individuals 59
    · Project Civil law, commercial law and property law issues 59
    · Project Protection and promotion of the best interests of children 59

    Line of Action 4: Promoting Pluralist Democracy and Good Governance 60
    Making Democratic Institutions work 60
    · Project Guaranteeing the right of the public to have access to official documents 60
    · Project International & external economic links of the subjects of the Russian Federation 60
    · Project Accountability and responsiveness of democratic institutions 60
    · Project Participation 61
    · Project Democratic representation 63
    · Project Integrated management and service provision 64
    Local and regional democracy 65
    · Project Sound institutional framework for local and regional democracy 65
    · Project Quality local and regional governance 66
    · Project Transfrontier Co-operation 68
    Gender equality for a functioning democracy 69
    · Project Balanced participation of women and men in political and public decision making 69
    · Project Gender mainstreaming 69
    · Project Women's role in the prevention and resolution of conflicts 70
    Strengthening the role of civil society in a pluralist democracy 70
    · Project Youth participation and democratic citizenship 70
    · Project Democratic Leadership Programme (DLP) & Schools of Politics 71
    · Project Civil Society Initiatives 72

    Line of Action 5: Technological development, Human Dignity and
    Democracy 73

    Bioethics, biomedicine and genetics 73
    · Project Bioethics 73
    Health care and Quality standards 73
    · Project Promotion and Elaboration of Ethical Standards 73
    Information and Communication Technologies 75
    · Project Strengthening the protection of individuals with regard to the processing of
    personal data 75

    · Project Combating dissemination of illicit or harmful content on the internet 75

    Line of Action 6: Building stable and cohesive societies 76
    Social Cohesion Strategy 76
    · Project Children and Families 76
    · Project Management of the Social Cohesion Strategy 76
    Roma 78
    · Project Develop Roma National Strategy and Policies 78
    · Project Education for Roma/Gypsy children 79
    Confidence-building in civil society 79
    · Project Confidence-building Measures (CBM) Programme 79
    Intercultural dialogue 80
    · Project Implement Community Relations Policies 80
    · Project Intercultural Dialogue and conflict (ICD) prevention 80
    · Project The challenge of intercultural education today 81
    · Project Youth building peace and intercultural dialogue 81
    Managing Migration flows 82
    · Project Integrated Management of Migration 82

    Action against violence and insecurity 83
    · Project Violence against women 83
    · Project Policy principles 83
    · Project Social developments 84
    · Project Prevention strategies 85
    · Project Integrated management and service provision 87

    Line of Action 7: Human Dignity and Sustainable Development 89
    Development of sustainable societies 89
    · Project Building Socially and Economically Sustainable Societies 89
    · Project Monitoring Social Trends 90
    Environment and quality of life 92
    · Project Natural heritage, biological diversity, and environmental ethics 92
    · Project Sustainable spatial development and landscape policies 93
    · Project Development of communities through cultural heritage 93

    Line of Action 8: Promoting European Cultural Identity and diversity 95
    Culture and Globalisation 95
    · Project Governance for cultural identity and diversity 95
    · Project Cultural development policies and Compendium of cultural policies in Europe 95
    Visions of Europe 97
    · Project Cultural routes and Art Exhibitions 97
    · Project European Heritage Days and linking communities through civil society and
    young people 97

    Cultural Heritage 97
    · Project Elaboration of a framework convention on cultural heritage in a changing society 97
    · Project Policies and common standards for heritage 98

    Line of Action 9: Investing in Europe's future through Education and Youth 99
    Education for democratic culture 99
    · Project Education policies and practice for democratic citizenship and human rights
    education 99

    · Project History Education and its contribution to democratic society and citizenship 100
    · Project Teaching Remembrance - Education for the prevention of crimes against humanity 101
    · Project Promoting linguistic diversity in multilingual societies 102

    European dimension of school and out-of-school education: policies and
    practice 103

    · Project European dimension of education policies and programmes 103
    · Project Policies for plurilingualism among citizens 104
    · Project European dimension in training of practising educators 104
    · Project Reform of education legislation and structures in priority countries 105
    Towards a European Higher Education area 106
    · Project Policies for European Higher Education reform / Bologna process 106
    · Project Recognition of qualifications and academic mobility 107
    · Project Public responsibility for Higher Education / GATS 107
    · Project Higher education governance 108
    Youth Policies 108
    · Project Youth policy development and research 108
    · Project Quality development and support measures 109
    The importance of sport in modern society, including the two convention mechanisms 111
    · Project Sport for All in Europe 111
    · Project Spectator Violence Convention: Ridding sport of hooliganism 112
    · Project Anti-doping Convention: Engaging in the combat against doping 113

    Line of Action 10: Council of Europe Outreach 114
    Field and Information Offices 114
    · Project Secretariat Field Presence 114
    · Project information Offices & contacts and study visits 115
    Longer-term direct interventions 116
    · Project Presence of the CoE's experts in the Chechen Republic 116

    APPENDIX I: Conventions adopted and entered into force in 2003 117

    APPENDIX II: Recommendations adopted in 2003 118

    APPENDIX III: Conferences of Specialised Ministers held in 2003 120

    APPENDIX IV: Specific Objectives in PoA 2003 which will not recur in 2005 121

    Introduction

    This report is based on the Evaluation Matrix (doc. RAP-PROG (2002) 5) containing the objectives, evaluation criteria and expected results that were defined during the planning of the 2003 Programme. As those familiar with the 2004 Programme of Activities will know, this “evaluation matrix” document, which was introduced as a planning and evaluation tool, will no longer be needed since the evaluation criteria have been integrated into the Project LogFrames from 2004 onwards.

    Part 1 draws general conclusions of the evaluation of 2003 objectives and Part 2 shows the results achieved. The four Appendices provide lists of Recommendations and Conventions adopted, the Conferences of Specialised Ministers which were held and the 2003 objectives which will not recur in 2005. The latter information is provided following the request made during the initial discussions of priorities 2005 of the Ministers' Deputies.

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    An important principle in any evaluation exercise concerns the distinction between “activities” and “objectives”. Several activities may have to be implemented to meet a single objective. This report is concerned, first and foremost, with the achievement of objectives (results or progress made towards final results) and, therefore, does not seek to give a full account of each activity that was implemented in 2003.

    More complete information on activities are available from various electronic and paper sources such as the CM website (e.g. statutory reports and the Council of Europe Activity Data Base – CEAD1), specialised websites in each sector, as well as activity and meeting reports of Committees (intergovernmental or independent) which are regularly presented to the Ministers' Deputies.

    The Programme of Activities (PoA) 2003 was based on the pre-2004 structure (Strategic Objectives, Programmes and Elements). In order to better integrate the results of the 2003 evaluation into the current planning process, the 2003 structure is transposed into the new PoA structure (Lines of Action, Programmes and Projects). Some anomalies of presentation of results may arise as a consequence (e.g. one project in 2003 being split into two in 2004), but overall it was thought that this transposed presentation would prove more relevant to consideration of future options.

    Facts about the Programme of Activities 2003

    In 2003, VOTE II appropriations totalled € 64 693 480. These included funds allocated to Lines of Actions (€ 56 870 410) as well as general management expenditure and various general provisions (€ 7 823 070).

    Allocations to Lines of Actions were as follows2:

    LoA 1: Compliance with Human Rights and Rule of Law standards € 11,272,846
    LoA 2: Human Rights in Public Policy € 7,882,633
    LoA 3: Building a society based on the Rule of Law € 6,616,814
    LoA 4: Promoting Pluralist Democracy and Good Governance € 5,480,99

    LoA 5: Technological development, Human Dignity and Democracy € 1,870,105
    LoA 6: Building stable and cohesive societies € 5,377,834
    LoA 7: Human Dignity and Sustainable Development € 2,244,651
    LoA 8: Promoting European Cultural Identity and diversity € 2,893,255
    LoA 9: Investing in Europe's future through Education and Youth € 9,027,203
    LoA 10: Council of Europe Outreach € 4,204,770

    PART I: General conclusions of the evaluation
    of 2003 activities

    1. The long-term nature of objectives

    A global analysis of the 279 specific objectives of the 2003 Programme of Activities shows that for 220 objectives, expected results were obtained, 26 objectives were fully achieved and will not recur in 2005, for 27 objectives, results fell short, and 6 objectives were revised.

    In order to better understand this notion of the attainment of objectives, one must bear in mind the distinction between “expected results”, which are defined on an annual basis (they are included in the evaluation criteria) and “specific objectives” which are, in general, multi-annual.

    The results of the Programme of Activities show that more than 80 per cent of the objectives were attained. These concern the achievement of expected results defined on an annual basis, as explained above. The results also show that the objectives generally have a long time span: only around 10 per cent of the total number of objectives will not recur in 2005 (see Appendix IV).

    Analysis reveals that standard-setting objectives are attainable in a relatively short period compared with assistance and co-operation objectives. The latter objectives are on-going, long-term services of the organisation such as training or legislative expertise and, therefore, are more likely to be open-ended. Lastly, monitoring objectives are linked to a Convention. Unless a monitoring Convention is abandoned, the relevant objectives will continue on a permanent basis.

    One important question arises from the foregoing, given that the nature of objectives are long-term, namely, whether it is not desirable to undertake a long-term evaluation (e.g. 3 or 5 years) in addition to the annual evaluation reports. A longer-term evaluation report could also help assess the implementation of the mid-term priorities (if undertaken within the same period of time) and hence lead to more informed strategic decisions concerning the Organisation.

    The Ministers' Deputies might also consider whether it would not be more opportune to focus evaluation on one or more Lines of Actions/themes of their choice instead of a blanket evaluation of all the Lines of Actions. Such an approach would provide more in-depth knowledge in a given area.

    2. Main achievements in 2003

    Compared with 2002, the number of Recommendations adopted in 2003 almost doubled (24 compared with 13 in 2002). Three new Conventions were adopted in the areas of corruption, terrorism and animal transport. It has been noted that greater efforts were made to oversee the implementation of Recommendations adopted in former years3.

    The general influence of the events of 11 September 2001 on the 2003 Programme of Activities is noticeable, in particular, in the marked intensification of activities in the areas of fight against terrorism and intercultural dialogue.

    Concerning the fight against terrorism, the amending Protocol to the European Convention on Suppression of Terrorism was adopted and CODEXTER, the Committee of Experts on Terrorism was created. Compliance of a number of member states with the Financial Action Task Force's (FATF) special recommendations on terrorist financing was analysed and a new Group of Specialists on identity documents and terrorism was created.

    Two Declarations were adopted on Intercultural dialogue: Declaration on Intercultural Dialogue and Conflict Prevention, adopted by the Conference of Ministers of Culture in Opatija (Croatia) and the Final Declaration on “Intercultural education in the new European context” adopted at the standing Conference of European Ministers of Education in Athens (Greece). A Project Group will be entrusted with the application of the Declarations. In addition, over 400 youth multipliers were trained on intercultural dialogue. A series of intercultural fora were initiated. Case studies and a summary report on intercultural dialogue in 5 divided cities and 4 peace enclaves were completed. The Euro-Arab dialogue activities were stepped up in 2003, through regular contacts between ALECSO (the Arab League Educational, Cultural and Scientific Organization) and the Council of Europe.

    In the area of human rights, the bulk of the work on the reform of the ECHR system was completed. The relevant texts are expected to be adopted in May 2004. Concerning trafficking in human beings, the CAHTEH, the Ad Hoc Committee on action against trafficking in human beings, was established and immediately started work on a new draft Convention. The project to support regional criminal law reform in South-East Europe to combat and prevent trafficking in human beings (“LARA project”) was successfully completed. Almost all the SEE countries have adopted national plans including prevention, prosecution of trafficking and protection of the victims. All countries introduced trafficking as a criminal offence in the respective national legislations.

    In the area of Democracy, 2003 was an active year for Local and Regional Democracy. A substantial number of activities were carried out concerning legal reforms (e.g. reform of Federalism in the Russian Federation, decentralisation in Kosovo and in-depth reform of new member states). Concerning gender issues, Rec(2003)3 on balanced participation of women and men in political and public decision-making was adopted. Improving young women's participation and gender equality in politics were areas which received support from the Integrated Project “making democratic institutions work” (IP1). Further IP1 support in the area of democracy covered financing of political parties and election campaigns, public ethics at local level, information society (World Summit) and e-governance. Achievements in other areas of democracy include the creation of the network of Schools of Political Studies in South-East Europe. Schools in Sarajevo, Pristina, Skopje and Chisinau have already started their work. Training and study sessions were also carried out to enhance youth participation and the capacity building of NGOs.

    In the area of social cohesion, Recommendation Rec(2003)19 on improving access to social rights was adopted. Progress has been made in the field of Roma (two states adopted national global strategies on Roma), social cohesion in South-East Europe and migration (a political platform on migration, the only body of its kind, was set up including countries of origin or transit of migrants, NGOs and partner international organisations (EU, IOM, ILO, OECD, HCR)).

    Concerning action against violence, a Group of specialists on the implementation of and follow-up to Recommendation (2002)5 on the protection of women against violence was set up. The Recommendation Rec(2003)22 concerning partnership in crime prevention was adopted. Several activities were initiated or supported by the Integrated Project 2, “responses to violence in every day life in a democratic society”. These include taking stock of national situations and policies on every day violence, prevention of urban crime, media and violence, prevention of violence against women, children, older persons and people with disabilities, violence linked to sports, and prevention of violence in schools.

    Concerning sustainable development, the 13th European Conference of Ministers responsible for Regional Planning (CEMAT) adopted the Ljubljana Declaration which is of importance to human rights for sustainable development. At the Session, a Declaration on co-operation concerning the Tisza/Tisa River Basin was signed, as well as the Initiative on the Sustainable Spatial Development of the Tisza/Tisa River Basin.

    Major progress was made in History education: the textbook on the history of the Caucasus was finalised, the Teaching Pack of the Black Sea Initiative on history was completed, 700 Russian participants benefited from the history teaching activities and 500 participants from SEE were trained in the teaching of history.

    In the area of languages and educational reform, the European Day of Languages was celebrated with some 600 events in 40 countries. Seven countries benefited from the expert opinions and/or direct support for drafting of new legislation on educational reform (incl. Republic of Chechnya).

    Two Recommendations were adopted in the area of sports concerning physical education in all European countries and “ballons rouges” (the contribution of sport to alleviating consequences of humanitarian disasters). Moreover, the coordination of the positions of the member states on questions concerning WADA, including budgetary and statutory questions, was much improved.

    3. Particular problems raised in the evaluation report concerning the attainment of objectives

    One of the important functions of an evaluation exercise is to improve the planning and implementation processes through “lessons learned” in the past and their integration into the future work. The problems described below, though do not provide an exhaustive analysis of all the obstacles encountered, raise important issues which may require additional attention from the Ministers' Deputies.

    Major problems encountered:

    · Control of the Execution of the Court's judgments

    The report from this sector shows that the general situation before the CM has not improved. Execution control is under pressure from two sides: a proliferation in the number of new judgments raising important general measures on the one hand and an increase in execution time on the other. There is an upsurge in the number of pending cases by approximately 6-7 %.

    Improved working methods for the CM, better follow-up of state practice with regard to speedy execution and staff reinforcements (agreed by the CM in the framework of the 2003 and 2004 budgets), if maintained, should help to improve the situation.

    · Effective functioning of the monitoring mechanisms

    The effectiveness of the monitoring mechanisms depends on wide-ranging issues such as timely submission of national reports, timely adoption of CM Resolutions, effective follow-up to the conclusions and recommendations emerging from the mechanisms, communicating the results of monitoring through websites, translation of texts in national languages, speedy publications and adequate staff to assure the good functioning of the mechanisms in view of the rapidly increasing number of parties to these mechanisms.

    According to the reports from the monitoring mechanisms, there are delays in the submission of national reports concerning implementation of the Social Charter, the Framework Convention for the Protection of National Minorities (FCNM) and the European Charter for Regional or Minority Languages. In addition, the increasing number of collective complaints under the European Social Charter is putting pressure on the operation of the supervisory mechanism, in particular as regards meeting reasonable deadlines. Furthermore, there has been a persistent delay in the adoption of country-specific Resolutions on FCNM caused mainly by differences in opinions between home states of minorities and concerned kin states. These problems have been compounded by lack of staff, secretariat overload and lack of resources, notably but not exclusively in respect of the three mechanisms mentioned above. Thus for example, the CPT was not able quantitatively to increase its operational programme, it being possible to organise only 171 visit days out of the 185 planned.

    There are a number of further concerns faced by the CPT such as difficulties in implementation of its recommendations (CPT envisages a pilot project aimed at evaluating the needs and identifying concrete areas of intervention, including external assistance); failure to cooperate or refusal to improve the situation in the light of the Committee's recommendations (CPT issued a second public declaration in respect of one State Party); and finally, delays in the publication of CPT visit reports and state responses and their translation in the national languages, as well as the publication of preliminary observations communicated to the authorities at the end of visits. The latter's importance was endorsed by the Committee of Ministers. There is significant scope for reducing the delays in publication.

    Other monitoring mechanisms have not signalled particular difficulties, except a limited interest of member states to ratify the Legal Status of Migrant Workers.

    Training

    It has been reported from projects concerning the human rights training of judges, prosecutors, lawyers and law enforcement officials that in some countries the competent authorities do not always give the necessary political support for training activities, in particular as concerns the compulsory participation of judges, prosecutors and law enforcement officials, notwithstanding the subsidiary nature of instruments such as the ECHR which require, above all, implementation of the relevant standards at national level. In this respect, national authorities also have a crucial role to play, notably in the implementation of Recommendation (2002)13 on publication and dissemination of the text of the ECHR and the case law of the Court.

    · Legislative expertise

    Legislative expertise has little value if in the end reforms do not take into account the expertise provided. It has been reported under Project Legislative Reform/compatibility that, in some cases, the laws adopted by member states did not take into consideration the Council of Europe experts' recommendations or it was unclear to what extent they had done so. In other cases, it was difficult to ascertain precise information about the legislative process and timetable, which further hampered effectiveness of efforts. Similar problems were raised concerning legislative reform in the field of media.

    Such situations, as reported, are of concern in connection with the current work on reforming the ECHR system and in particular, on preventive measures to stem the flood of cases to the Court through the improved implementation of the ECHR at national level and the systematic screening of draft legislation, existing legislation and administrative practice for ECHR compatibility, planned for adoption in May 2004.

    Conclusions

    Over 80 per cent of the expected results have been attained in 2003. The annual evaluation exercise, due to the long-term nature of the objectives, gives only a partial view on the performance of various programmes. A full picture on the real impact of CoE interventions would be discernible only through a multi-annual evaluation report. Focusing on certain themes may also provide a more in-depth analysis of the evaluation of certain programmes. Questions concerning the ending of projects and achievement of objectives could thus be better addressed. The Secretariat would welcome guidance from the Ministers' Deputies with this regard.

    PART II : Programme by Programme Analysis

    Line of Action 1
    Compliance with Human Rights and Rule of Law standards

    Judicial Mechanism: Convention for the Protection of Human Rights and Fundamental Freedoms: Court's judgments and execution

    Project - Assistance to the CM in the control of the execution of the Court's judgments

    The general situation before the CM has deteriorated despite a 31% decrease in the number of new judgments examined, i.e. from 880 to 605 judgments. The decrease has, however, only related to payment controls. In particular, the number of new judgments raising important general measures has increased as is seen below. This increase together with an increase in execution time in general has put execution control under further pressure. Despite the efforts deployed (380 cases closed as compared to 256 in 2002), the number of pending cases increased by approximately 6-7 %. Improved working methods for the CM are under consideration in this regard. Better follow-up of state practice in a number of areas with regard to speedy execution might also be called for. The staff reinforcements agreed by the CM in the framework of the 2003 and 2004 budgets, if maintained, should, in due course, help to improve the situation.

    · To ensure that any just satisfaction awarded by the Court is paid as ordered by the Court's judgment, where necessary together with default interest

    At each meeting, the Committee of Ministers examines that the just satisfaction awarded by the Court is paid. The proportion of cases paid on time has remained rather stable over the last years: around 66% in 2003 and 65% in 2002. Taking into account also the cases paid within a few days after the expiry of the time-limit set, the proportions are respectively 78% in 2003 and 79% in 2002. On the other hand, confirmations of payment from the respondent States are still often received long after the deadlines, which explains why only a third (33%) of the new cases examined in 2003 appear to have been paid on time at the end of 2003. At the time of issuing this document, no reliable data was available concerning the current trend as regards the average payment delay in the 22% of cases paid late.

    In order to put extra pressure on defaulting administrations, the Delegations are required to explain in detail, at the Deputies HR meetings, any payment problems outstanding since more than six months.

    Furthermore, exchanges of letters or bilateral consultations are held between the Secretariat and the Delegations concerned by special payment problems. In 2003, such meetings have been organised notably with Turkey and Italy and have led to clarifications and solutions, whose impact, already partially visible in 2003, should continue in 2004. These clarifications, together with the implementation in 2003 of the streamlined procedure for controlling the payment (which was agreed by the Deputies in December 2002 with the undertaking to reopen any case closed on the erroneous assumption that payment had been made) resulted at the end of 2003 in a significant increase in the proportion of paid cases (from 77% to 87% - corresponding to 3073 cases out of 3540 pending cases at the end of 2003). Special mention should be made of the fact that the efforts devoted since 1998 to ensuring payment in the Loizidou case against Turkey yielded results in December 2003 (cf. Resolution ResDH(2003)190).

    Specific payment problems raised before the Committee of Ministers concern notably taxation and attachment of sums awarded to the applicant as just satisfaction as well as application of default interest, in particular to friendly settlements. As regards this last problem, raised since 2002, the increasing inclusion of an explicit clause on interests in the new cases issued since 2003 should provide a solution for the future. However, no agreement has been reached yet as regards older cases which did not contain such clause. Discussions on the issue are continuing in 2004 with a view to reaching a final decision and thus concluding the examination of payment issues in the friendly settlements concerned, representing around 17% of the unpaid cases at the end of 2003. The responses to the other problems require further attention.

    · To ensure that any individual measures required to erase the consequences of a violation are rapidly taken

    At the end of 2003, at least 150 cases requiring the adoption of more important individual measures were pending before the CM (statistics on new individual measures for 2002 and 2003 are not yet available). In a minority of cases, in spite of all action taken by the CM, the passage of time leads to irreversible situations without any remedy having been taken by the respondent state. Delays in implementation of individual measures are due, in most cases, to the fact that the result required can be achieved mainly through the adoption of general reforms. In these cases, it can be difficult to obtain a rapid implementation of the measures required.

    In 2003, the CM adopted one Interim Resolution concerning the adoption of the individual measures promised in a friendly settlement; in 2002, it had adopted two Interim Resolutions specifically related to individual measures. Over 100 letters were sent by the Execution Department to the respondent Governments, notably concerning the applicants' situation (including some payment issues). Although the control of individual measures normally involves a case-by-case approach, great attention is devoted to ensuring that the same criteria are applied to cases raising similar problems.

    The annulment of the effects of convictions contrary to the ECHR is facilitated through provisions adopted by the member states, allowing for the reopening of the impugned proceedings before the domestic courts (cf. Recommendation No. R(2000)2). The impact of measures taken in the past in this respect is already visible and should continue in 2004. It should also be noted that the enhanced transparency of the CM's control since the adoption of its new rules in 2001 is constantly increasing the applicants' awareness of their right to have their situation remedied following a violation of the ECHR. Requests for individual measures and contacts with the applicants are therefore increasing.

    · To ensure that any general measures required to avoid new similar violations or to stop ongoing violations are taken without delay.

    Most of the 3540 cases before the CM at the end of 2003 are pending because the necessary general measures have not yet been adopted.

    Despite the decrease in the total number of judgments, the proportion of new leading cases (i.e. evidencing a systemic problem) submitted to the CM increased by 20%, passing from 89 in 2002 (10% of new cases) to 107 in 2003 (18% of new cases). At the end of 2003, the CM was dealing with some 400 “problems of a general nature” implying a need for the adoption of one or more measures. The average delay in the implementation of the necessary measures has increased by almost a year over the last few years.

    In 2003, as in 2002, the CM adopted three Interim Resolutions concerning general measures. Some 30 letters with observations and comments on general measures to be adopted were sent by the Secretariat to respondent governments and several bilateral meetings were held with the delegations concerned and/or the national authorities concerned. Out of the 380 cases concluded in 2003, 28 concerned the adoption of new measures in “leading” cases (against 36 in 2002) - i.e. cases raising a new general problem requiring the adoption of new general measures (of a legislative, administrative or judiciary character) - while the other cases did not require the adoption of any new measure.

    Reforms are under way to ensure that repetitive cases do not unnecessarily burden the system and are solved either by domestic action or in simplified procedures before the ECtHR.

    New working methods are being explored, both for the CM and the Secretariat, in order to facilitate and strengthen execution control, in particular as far as general measures are concerned (including possible new measures in respect of non-compliant states). While existing human resources do not appear sufficient to cope with the current increase in the number and proportion of “leading” cases and the increase in execution time, the additional staff approved in the 2003 and 2004 budgets should, in due course, facilitate matters.

    Project - Assistance to the CM and other bodies in relation to certain aspects of the implementation of ECHR

    · To follow the implementation of relevant Committee of Ministers' recommendations (e.g. No R(2000)2)

    Concerning the Recommendation on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights (R(2002)2) a number of countries have continued to review their legal systems and are preparing special legislation on reopening or re-examination of the domestic judgments and decisions on the basis of violations established, notably Belgium, Cyprus, Hungary, Italy, Ireland, Latvia, Lithuania, the Netherlands, Moldova, the Russian Federation, San Marino and Turkey.

    In the course of 2003, the necessary reforms entered into force, notably in Moldova, the Netherlands and San Marino.

    In the course of 2002, the execution obstacles posed by the absence of adequate legislation in Italy and Turkey led the CM to adopt interim resolutions in respect of these countries. Turkey adopted legislation on the matter in August 2002, which was subsequently modified in February 2003. The provisions of the latter legislation, however, exclude reopening for all cases which were pending before the Court at the date of entry into force of the Law, as well as for cases resulting in friendly settlements. Italy has not adopted any legislation on reopening cases.

    Concerning the Recommendation on the publication and dissemination in the member states of the text of the European Convention on Human Rights and of the case law of the European Court of Human Rights (R(2002)13) the Execution Department/DGII assisted the CM in making sure that the judgments of the Court, requiring implementation of special measures by the national authorities, have been published in the language(s) of that country and disseminated in such a manner that they can be effectively known and that the national authorities, notably the courts, can apply them with a view to avoiding future violations.

    In view of the present implementation problems, a closer follow-up, including a survey of existing publication and dissemination practices and their effectiveness, appears to be necessary.

    · To prepare draft replies to questions and recommendations from the Parliamentary Assembly concerning the execution of judgments

    The Execution Department/DGII assisted the CM in drafting the following replies to questions and recommendations from the Parliamentary Assembly: Parliamentary Assembly Recommendation (2002)1576 concerning the execution of the European Court's judgments by Turkey; written question (No. 426) concerning the continued detention of six members of the Turkish Grand National Assembly belonging to the DEP Party; written question (No. 427) concerning the property rights of misplaced persons in Cyprus and written question (No. 432) concerning the right of the Metropolitan Church of Bessarabia to its own succession in title.

    The Department has also prepared replies to oral questions from the Parliamentary Assembly.

    · To prepare for the election of judges to the European Court of Human Rights

    In order to allow the Parliamentary Assembly to proceed with the election of twenty one judges at its session to be held from 26 to 30 April 2004, the Execution of Judgments Department invited the authorities of the concerned countries to nominate candidates. The authorities were requested to submit a list of candidates by 13 February 2004.

    In the course of 2003, the necessary work has also been carried out for the election of judges in respect of Bosnia and Herzegovina and Sweden.

    · To contribute to the on-going review of the effectiveness of the Committee of Ministers' execution control (working methods, development of adequate responses to different execution problems such as Interim Resolutions, contacts between the Chair of the Committee and the Government of the respondent State, etc.)

    Despite the decrease in the total number of new judgments in 2003, the CM has had to face a continuing increase in the number of new cases where the adoption of general and/or individual measures has been necessary. Execution time has also increased. The average control time for “leading” cases closed in 2003 was almost 3 years, as in 2002. The average control time for pending leading cases in 2002 and 2003 was also between 3 to 4 years. In this respect, the deterioration observed since 2000 has not been remedied.

    The control of the execution measures has constituted the major part of the workload of the CM and the Execution Department/DGII. As in 2002, the CM held 6 two-day meetings dedicated to execution control. The increase in workload led, however, to the postponement of the examination of a number of cases and the summary examination of other cases. One extra, unforeseen meeting day became necessary both for the 854th and the 863rd meetings (in October and in December 2003, respectively). Some cases were also examined in ordinary meetings.

    The increase in workload has put the CM under pressure. Different ways of addressing this issue are being examined both in the CM and in the Secretariat. Special mention should be made of the ongoing project to increase productivity and visibility through the use of computerised document production and increased information dissemination through internet and intranet, notably with the help of a United Kingdom contribution. The Execution Department has also increased its efforts to promote rapid execution by early contacts with Delegations. Contacts with the European Court of Human Rights and its Registry, as well as those with the Commissioner for Human Rights, have also been intensified.

    · To provide information and advice to various bodies (Council of Europe bodies, national authorities, external organisations) on execution and related Convention issues

    In the course of 2003, the Execution Department/DGII provided assistance to the Secretary General and the Deputy Secretary General, the Commissioner of Human Rights, the Director General of Human Rights and his deputy in their official visits to member states and their contacts with Government officials on issues related to the execution of judgments, notably the reforms that have been accomplished in member states with a view to adapting their legislation and practice to the Convention and the case law of the European Court of Human Rights. Fifty-one requests were made to the Department in 2003. Information was shared in different contexts with other departments of the Council of Europe.

    Furthermore, during 2003 the Execution Department arranged many contacts with journalists and issued several press releases. Meetings have also been held with representatives from the European Commission and the United Nations. Lectures have been given to judges from notably Dutch, French, Swedish and Turkish courts as well as to visitors from numerous other bodies and institutions.

    Independent Mechanism: European Social Charter

    Project : Respect of the rights guaranteed by the European Social Charter

    · To examine national reports on the application of the European Social Charter with a view to assessing the conformity of national situations with this convention

    The 2003 Conclusions for the Revised Social Charter concerning Bulgaria, France, Italy, Romania, Slovenia and Sweden have been adopted by the European Committee of Social Rights. They include interpretations of all the new provisions of the Revised Charter.

    Conclusions XVI-2 concerning 17 countries (Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, Germany, Greece, Hungary, Iceland, Malta, Netherlands, Norway, Poland, Portugal, Turkey and United Kingdom) were published in January 2003. The Conclusions concerning the Slovak Republic (full report) and Spain were published on 11 August 2003.

    The Conclusions on Ireland and Luxembourg could not be published because the Secretariat had not received their reports in their entirety by 16 September 2003.

    The Bureau of the Governmental Committee has approved the reports on these Conclusions and they will be considered by the Committee of Ministers in March 2004. As shown in these reports, many countries have reported changes to their legislation following non-conformity decisions of the European Committee of Social Rights. For example family allowances are now paid in Slovakia for all dependent children aged under 15, or under 25 if they continue their studies into higher education. Other countries have indicated their readiness to change their legislation or improve their practices to comply with the Charter.

    The main obstacle to achieving this objective is the late submission of national reports by governments.

    · To process registered collective complaints with a view to supervising conformity with the European Social Charter in the cases concerned

    In 2003, the Secretariat registered 10 new collective complaints:

    Complaint No. 14/2003 – FIDH v. France of 3 March 2003: the decision on admissibility was adopted on 16 May 2003;

    Complaint No. 15/2003 – European Roma Rights Centre v. Greece of 4 April 2003: the decision on admissibility was adopted on 16 June 2003;

    Complaint No. 16/2003 – CFE-CGC v. France of 14 May 2003: the decision on admissibility was adopted on 16 June 2003;

    Complaint No. 17/2003 – OMCT v. Greece of 28 July 2003: the decision on admissibility was adopted on 9 December 2003;

    Complaint No. 18/2003 – OMCT v. Ireland of 28 July 2003: the decision on admissibility was adopted on 9 December 2003;

    Complaint No. 19/2003 – OMCT v. Italy of 1 August 2003: the decision on admissibility was adopted on 9 December 2003;

    Complaint No. 20/2003 – OMCT v. Portugal of 31 July 2003: the decision on admissibility was adopted on 9 December 2003;

    Complaint No. 21/2003 – OMCT v. Belgium of 23 September 2003: the decision on admissibility was adopted on 9 December 2003.

    It can be seen that the admissibility decisions were taken within a reasonable time (less than six months after registration).

    In complaints No. 12/2002 – Confederation of Swedish Enterprise v. Sweden and No. 13/2002 – Autisme-Europe v. France, the European Committee of Social Rights has adopted a decision on the merits and transmitted its report to the Committee of Ministers. In Complaint No. 12/2002, the Committee of Ministers has already taken note of the significant progress made in Resolution ResChS(2003)1 of 24 September 2003. The Swedish Government has also undertaken to abolish closed shop clauses in new collective agreements.

    The increasing number of collective complaints, which was particularly marked in 2003, will make it difficult to meet reasonable deadlines in 2004. If the increase continues in 2004, this could pose a threat to the whole operation of the supervisory machinery.

    · To develop awareness of the European Social Charter with a view to increasing the number of Contracting Parties and the number of provisions accepted

    Croatia ratified the 1961 Social Charter on 26 February 2003, bringing to 33 the number of countries that have ratified either the Charter or the Revised Charter. On 23 June 2003, Belgium ratified the Protocol establishing the collective complaints system, bringing to 13 the number of countries bound by this procedure.

    No new provisions were accepted by states that had already ratified the Charter or Revised Charter.

    The Russian Federation and Ukraine did not ratify the Revised Charter. Other states failed to take the expected steps to ratify the 1991 Protocol amending the European Social Charter.

    The main obstacles to achieving this objective are domestic problems specific to individual countries – elections, changes of ministry and lack of political will.

    · To develop and consolidate the knowledge of the Charter in the professional groups

    Articles have been published in specialist reviews by members of the European Committee of Social Rights and academics with a particular interest in the treaty.

    In November 2003 a group of academics and judges in Brussels decided to consider the question of European Union accession to the Revised Social Charter. This will be the subject of a round table at a colloquy on the European Social Charter in Florence in June 2004.

    Events concerning the Charter are reported on the Internet site and the HUDOC data base is regularly updated.

    Independent Mechanism: European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

    Project - Preventing the ill-treatment of persons deprived of their liberty

    · To increase the CPT's presence in the field and to enhance its rapid reaction to emergency situations

    The objective was partially achieved. Quantitively, the CPT did not increase its presence in the field. Of the 185 planned visit days, it was only possible to organise 171. In other words, the level remained the same as in 2002. The number of visit reports adopted and transmitted by the CPT to the States concerned (18 reports covering 19 visits), setting out the facts found on the spot and the recommendations necessary for the prevention of ill-treatment, is virtually identical to that of the previous year.

    In spite of these difficulties, the CPT made significant progress in 2003. For the first time, the number of ad hoc visits (twelve visits to nine States4) was greater than that of periodic visits (ten visits to ten States5). The CPT's website allows access to all the news releases regarding the aims of the 2003 visits (see also the 13th General Report on the CPT's activities, similarly accessible via the website). As an illustration of the efforts made in terms of rapid reaction, in February 2003 the CPT visited Turkey following persistent reports that relatives and lawyers of Abdullah Öcalan had been experiencing considerable difficulties in gaining access to Imralı Island in order to visit him.

    In addition, in November 2003, the CPT visited Colony No. 8 at Bender in the Transnistrian region of the Republic of Moldova (a penitentiary establishment which forms part of the penitentiary system of Moldova, located in an area under the control of the Transnistrian region) where running water and electricity supplies had been cut off by decision of the Bender municipal authorities.

    Mention should also be made of the CPT's visit in May 2003 – for the sixth time since the current conflict began – to Republic of Chechnya, to examine the treatment of persons deprived of their liberty by Federal forces and by Federal and Republican law enforcement agencies, and forced disappearances and unofficial places of detention.

    Reports and responses published at the request of the States concerned in 2003 contain numerous examples of improvements made by the national authorities following CPT's recommendations. At the same time, there is still a long way to go in many of the areas within the CPT's mandate. In this respect, it should be mentioned that in July 2003, the CPT felt obliged to make a second public declaration with regard to the Chechen Republic of the Russian Federation under Article 10, paragraph 2 of the Convention6 (text available on the CPT's website). In the declaration made by the European Union during the 852nd meeting of the Committee of Ministers (September 2003), the Presidency of the European Union ..."invites Russia to take into account the serious concerns expressed by the CPT in its statement, and the precise and punctual indications it contains and hopes that the Russian authorities will address them as efficiently and promptly as possible".

    · To benefit from any momentum for change within the framework of an ongoing proactive dialogue with States and overcome, in cooperation with them, obstacles to the implementation of the CPT's recommendations

    In the context of the follow-up to the talks held in Moscow in December 2002, aimed at strengthening the dialogue between the Russian authorities and the Committee on matters relating to the situation in the Chechen Republic, meetings took place in January and May 2003 between the President and Mr Abdul-Khakim SULTYGOV, Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic. In June, high-level talks were organised in The Hague on issues relating to the last visit of the CPT to the Netherlands. In July, the full implementation of the legislative and regulatory framework necessary to combat effectively torture and ill-treatment by law enforcement officials was at the centre of high-level talks held between CPT representatives and the Turkish authorities, in Ankara. CPT representatives also went to the Republic of Moldova in August 2003, in order to clarify the needs involved in ensuring proper care for the detainees suffering from tuberculosis in the Transnistrian region.

    In the light of the experience it has acquired in the field, the CPT is increasingly focusing on the issue of assisting States facing great difficulties in the implementation of the Committee's recommendations. In this regard, it has examined a proposal to set up a pilot project in three countries facing these difficulties, the objective being to conduct a study in each of these countries to evaluate the needs and identify concrete areas of intervention as well as proposals for external assistance. It is expected to start this project in 2004.

    · To ensure the widest access possible to the standards developed by the CPT for law enforcement officials, other personnel working with persons deprived of their liberty and other interested circles (lawyers, magistrates etc

    In 2003, 18 CPT visit reports and 22 government responses were made public at the request of the States concerned. The authorisation of the States to publish the CPT reports is thus becoming the norm. It is noteworthy that, for the first time, one of the CPT visit reports on the Russian Federation has been made public, at the request of the national authorities.

    In 2003, in four cases, the publications were accompanied by a translation of the response of the authorities in the national language (in Albanian, German, Spanish and Russian).

    It is significant that, in two cases, (Finland and Sweden), the national authorities requested the publication of the preliminary observations communicated to them by the delegations at the end of the visit, which corresponds to the wish expressed in February 2002 by the Committee of Ministers.

    The number of visitors to the CPT's website has increased by 15% compared to 2002, with an average of 580 visits per day. Five thousand CD-ROMs have been distributed during visits, conferences and seminars. The "CPT information pack", introduced in 2002, has been translated into four new languages (Croatian, Polish, Spanish and Italian) in addition to the eight translations already produced. And finally, the substantive sections of the CPT's general reports are now available in eighteen languages, in addition to the two official languages of the Organisation.

    The number of invitations addressed to the CPT to disseminate information on its activities is growing: 26 contact visits (that is eleven more than were initially scheduled), including seminars, meetings and conferences, have been organised.

    Among the CPT's frequent participation in seminars organised by NGOs, mention should be made of that organised in May 2003 by the APT in Chisinau, which focused on the implementation of the CPT's recommendations and instigating an ATP action plan to improve the conditions of detention in Moldovan penitentiary establishments, and also the workshop in June 2003 in Sofia, which focused on "the prevention of torture in closed institutions in central and eastern Europe" and which led to the launch of a project financed by the European Commission in six central and eastern European countries.

    In this area, the results are very positive: major NGOs refer to CPT reports in their work; United Nations bodies such as the CAT use the public reports in the context of their control mechanisms; the European Union follows very closely the work of the CPT (see the report on the situation of fundamental rights in the European Union and its member states in 2002). Furthermore, as part of reinforcing the synergies within the Organisation, reference must be made to the mandate entrusted by the Committee of Ministers to the CAHAR, in September 2003, to draft the guidelines for expulsion procedures, which provides for consultation with the CPT.

    Independent Mechanism: Framework Convention for the Protection of
    National Minorities

    Project – Protection of national minorities by monitoring the implementation of FCNM

    · To increase the number of signatures and ratifications of the Framework Convention for the Protection of National Minorities

    While there were no further signatures or ratifications of the Framework Convention in 2003, there were a number of indications that progress may be being made in certain countries as a result of the continuing pressure from different quarters both within and external to the States in question. This was particularly the case in respect of Belgium, Georgia, Latvia and the Netherlands.

    In 2003, implementation of co-operation and awareness raising activities (such as seminars, legislative assistance and the distribution of relevant materials) was hampered by the difficult political situation in some of the countries. It was also hampered by the lack of adequate staffing within the Secretariat, which meant that priority could not be given to actively promoting such activities.

    · To monitor the implementation of the Framework Convention for the Protection of National Minorities in States Party

    The Advisory Committee conducted 6 country-visits in 2003, one less than budgeted for, due to the reluctance of one country to organise a visit and the difficulty of organising an alternative visit at the end of the first monitoring cycle. However, the Advisory Committee did adopt, as envisaged, 8 country-specific Opinions in 2003.

    The Committee of Ministers adopted 9 Resolutions on the implementation of the Framework Convention in 2003, one more than the target set. The average delay between the adoption of the Opinion and the corresponding Resolution was slightly reduced (from 11 months in 2002 to 9 1/2 months in 2003). This output was achieved despite certain obstacles, including persistent delays in adopting certain country-specific Resolutions, caused primarily by differences in opinions amongst home States of minorities and concerned kin States. There is still scope for reducing delays further and also for ensuring that discussions are not monopolised by bi-lateral disagreements.

    · To ensure follow-up to the results of the monitoring of the Framework Convention for the Protection of National Minorities

    The Secretariat of the Framework Convention co-organised follow-up meetings on the results of monitoring in six countries in 2003. This was less than the number of 8 originally planned. Limited human resources was partly to blame for this, but in some cases follow-up activities were held back by the lack of political commitment on the part of the countries concerned to carry out such initiatives.

    The follow-up activities that took place (in Armenia, Czech Republic, Germany, Moldova, Slovakia, Ukraine) varied in their impact. Some of them improved dialogue between minorities and the authorities. Some prompted further action on legislative and practical measures called for by the Advisory Committee.

    One of the prerequisites for successful follow-up activities is the availability of relevant documentation in local languages. The translation of the Opinions of the Advisory Committee was completed in 9 countries, and the translation of Resolutions of the Committee of Ministers was completed in five countries. These were also translated into minority languages in certain countries. Limited resources however hampered the efforts to ensure that translations were carried out consistently and promptly by all countries.

    Independent Mechanism: The European Charter for Regional or
    Minority Languages

    Project – Implementation and promotion of the European Charter for Regional or Minority Languages

    · Assuring proper functioning of the monitoring mechanism

    The monitoring procedure was initiated or completed in most of the countries concerned by this objective in 2003 (namely Armenia, Austria, Denmark, Finland, Hungary, Slovenia, Switzerland and the United Kingdom). The on-the-spot visit in Croatia had to be postponed due to unexpected general elections. The on-the-spot visit to the Netherlands was also postponed, due to the sudden death of the Dutch member of the Committee of Experts of the Charter and the need to replace him. The evaluation with regard to Slovakia could not start due to the delay of the Slovak authorities in submitting their initial periodical report.

    In sum, in 2003 the Committee of Experts adopted 5 reports (1st reports on Denmark, Slovenia and the United Kingdom and 2nd reports on Hungary and Norway) and carried out 7 on-the-spot visits (in Austria, Denmark, Finland, Hungary, Slovenia, Switzerland and the United Kingdom).

    The completion of the second evaluation process in respect of Hungary made it possible to assess the results of the first evaluation process carried out in 2001. Thus, some relevant provisions of the acts on criminal and civil procedure have been modified to take account of the corresponding observations of the Committee of Experts of the Charter and recommendation of the Committee of Ministers made in the first evaluation round (although a number of other issues still remain unresolved). The example of Finland can also be quoted: the second evaluation process is still under way but it already appears that a new language law has been adopted following the first monitoring round carried out in 2001.

    · Raising awareness in States Parties and increasing citizen participation in the Charter mechanism

    In some countries the very fact of a State having ratified the Charter has had an immediate effect. For example, in 2003 in Scotland, after the Committee of Experts' visit, a public body refused to allow a parent to register the name of his new born child in the traditional form of Gaelic. This incident made the headlines in Scotland and, as a result of information on the Charter and its application in the United Kingdom provided by a Lecturer in Law at the University of Glasgow, this public body withdrew its refusal and gave a public apology.

    Information seminars were organised in 2003, in Poland and Romania. This has led Poland to sign the Charter in May 2003 and Romania to engage the process of ratification of the Charter. The ratification process has also advanced in Italy and in Ukraine, following the information seminar held in this country in October 2002. Although in 2003 no State ratified the Charter, the ratification process should have a positive outcome in 2004, at least in some of the States mentioned above, although no other State has to date initiated the ratification of the Charter. Fresh initiatives therefore need to be taken in 2004 with a view to promoting an increase in the number of ratifications. However, shortage of staff has so far made it impossible to devote the necessary effort to this objective.

    A guide for NGOs was completed at the end of 2003 and will be published at the beginning of 2004. The strengthening of the communication tools of the Charter (in particular the website) has produced positive effects, as confirmed by the notable increase in the number (and relevance) of comments submitted by NGOs and speakers' associations in the context of the monitoring mechanism set up by the Charter (40 such comments were received in 2003 compared to 18 in 2002).

    In 2003 the Charter was also promoted through the participation of its Secretariat in a number of events and actions organised by the European Union. The European Union has no direct competence in the field but it still constitutes an excellent “show-case” for the Charter.

    Independent Mechanism: European Commission against Racism
    and Intolerance (ECRI)

    Project – Combating racism, xenophobia, anti-Semitism and intolerance

    · To complete the second cycle of the country-by-country approach

    The second cycle ended with the publication of the last twelve country-specific reports: the second ECRI reports on Andorra, Azerbaijan, Liechtenstein, Lithuania, Moldova and Sweden were published on 15 April 2003; the second reports on Armenia, Iceland, Luxembourg, Slovenia and Spain were made public on 8 July 2003 and the report on San-Marino on 4 November 2003.

    The circles involved in combating racism at national level used the ECRI country reports as tools for exerting pressure and lobbying in their respective countries.

    · To start the third cycle of the country-by-country approach

    Contact visits were made to nine countries in the framework of the third cycle of the country-by-country approach: Belgium, Bulgaria, Czech Republic, Germany, Greece, Hungary, Norway, Slovakia and Switzerland. ECRI finalised its draft reports on the above-mentioned countries and forwarded them to the national authorities concerned with a view to conducting a confidential dialogue with the authorities on the content of the reports.

    · To promote and disseminate ECRI general policy Recommendation N° 7

    ECRI General Policy Recommendation N° 7 on national legislation to combat racism and racial discrimination was adopted on 13 December 2002 and published on 17 February 2003. It sets out the elements that should be included in the legislation of Council of Europe member states to combat racism and racial discrimination effectively.

    In addition to the English and French versions, the Recommendation was translated into seven other national languages (German, Bulgarian, Spanish, Greek, Latvian, Romanian and Russian). It was sent to 2000 selected governmental and non-governmental recipients likely to put it to practical use in their work at national level. ECRI General Policy Recommendation N° 7 was one of the main subjects of discussion at three national round tables held by ECRI (in Portugal, Lithuania and Slovenia) and at a seminar in Strasbourg, which was attended by national bodies specialised in the fight against racism. The text of the Recommendation was directly used in legislative reforms in a number of member states and had a positive influence on the content of anti-discriminatory legislation in preparation.

    · To provide policy makers with guidelines

    In March 2003 ECRI set up a working group to prepare a future General Policy Recommendation N° 8 on combating racism while fighting terrorism (risks that might emerge from the inclusion of racist elements in anti-terrorist measures and from the implementation or the consequences of such measures).

    The working group submitted a preliminary draft to ECRI in December 2003. In the light of the comments and guidelines provided by ECRI, the working group will finalise a draft Recommendation, on which the NGOs concerned will be consulted in writing. This draft will be submitted to ECRI for adoption in June 2004.

    · To make available to policy makers and civil society examples of “good practices”

    ECRI has widely disseminated its latest publication in this field (“Practical examples in combating racism and intolerance against Roma/Gypsies”). It has also prepared a new collection of “good practices” concerning specialised bodies to combat racism and racial discrimination at national level, which was discussed at the seminar attended by specialised national bodies in November 2003. This publication will be ready in early 2004.

    · To inform and raise awareness among the general public

    ECRI held three national round tables to coincide with the publication of its country-specific reports: in Portugal on 26 February 2003, in Lithuania on 12 June 2003 and in Slovenia on 14 October 2003. A joint ECRI/EUMC round table on the subject “Local solutions to combat racism” was held on 21 March 2003 on the occasion of the International Day against Racism.

    · To support the activities of the NGOs concerned

    The results of the meeting held on November 2002 to consult international NGOs were incorporated into and contributed to ECRI's 2003 work programme. National NGOS were contacted and consulted during the country-by-country contact visits.

    · To develop a communication strategy

    Press releases were drafted and distributed to coincide with the publication of ECRI's country-by-country reports. A Listserv was set up to inform ECRI's main partners of the latest developments in its activities. Country-specific lists of national journalists particularly interested in ECRI's activities have been drawn up. A publication reviewing ECRI's activities (including an assessment of their impact) has been finalised and will be published on 18 March 2004 to coincide with ECRI's tenth anniversary.

    In 2003 the ECRI Secretariat identified 133 articles concerning ECRI and the results of its activities in the national media. The Secretariat has prepared press reviews containing these articles, which come to a total of 300 pages (published three times a year: 45 pages in March 2003; 100 pages in June 2003 and 147 pages in December 2003).

    Intergovernmental Mechanism: European Code of Social Security

    Project - Code of Social Security

    · To promote the standard-setting instruments of European Code of Social Security and Revised European Code of Social Security

    The legislation of 10 countries (Albania, Armenia, Azerbaijan, Ukraine, the Russian Federation. Moldova, Latvia, Lithuania, Romania and Hungary) was examined along with the standards of the European Code of Social Security. Thus Moldova and Latvia were able to sign this instrument.

    Armenia and Azerbaijan are currently preparing a "zero report" on the application of the Code, which will enable the responsible authorities to identify those parts of the Code which they can accept, as well as the shortcomings which need to be remedied.

    Within the framework of the activities carried out with the Parliamentary Assembly's Social, Health and Family Affairs Committee, a conference was held in Paris in September 2003, providing a starting point for a draft report and draft recommendation on the future of social security in Europe. These drafts were adopted on 16 January 2004 by the aforementioned committee and are to be presented to the plenary session of the Parliamentary Assembly in April 2004.

    · To promote the Council of Europe instruments for the coordination of national social security systems (Interim Agreements, European Convention on Social Security)

    A report on “the specific situation of female migrant workers in Europe in relation to social security" was adopted by the CS-CR in 2003, following up the recommendations of the Conference of European Ministers responsible for Social Security, held in Bratislava in May 2002.

    Furthermore, a text entitled “Co-ordination of Social Security in the Council of Europe – Short guide” has been finalised by the CS-CR and will be used as the basic tool for all future promotional activities in this field, and particularly for the south-eastern Europe project (see the next paragraph).

    Following a voluntary contribution made by the Italian government, a major social security coordination project was started in autumn 2003 within the framework of the Stability Pact for South Eastern Europe. A social protection network bringing together representatives of the region's countries was set up in December 2003, and to facilitate its work, various Council of Europe texts have been translated into non-official languages (Albanian, Romanian, Serbian).

    · To monitor the application of the European Code of Social Security by Contracting Parties

    The CS-CO has decided in future to align the two procedures (Article 74 and Article 76, Part XIII - Miscellaneous provisions) with a view to achieving consistency. Thus the process for monitoring application of the Code is becoming more proactive, serving inter alia to identify areas for possible future progress.

    · To collect information about national social security systems and provide a forum for discussion on new trends and problems

    The Mutual Information System on Social Protection of the Council of Europe (MISSCEO) has had its territorial coverage extended to another four countries (Bosnia and Herzegovina, Georgia, "the former Yugoslav Republic of Macedonia" and Serbia and Montenegro). The French-language edition of the MISSCEO for 2002 was finalised in 2003, but has not yet been published, for lack of sufficient funds. The English-language edition for 2003 is undergoing finalisation and should be published shortly if appropriations allow.

    In 2003, the CS-CO discussed the consequences for social security systems of illegal work by migrants, and the report which is to be drawn up on this subject is to be presented to the European regional meeting of the International Social Security Association, which is to look at this theme in April 2004 in Oslo, as well as to the ILO's International Labour Conference in June 2004.

    The CS-CR also debated the specific difficulties in the social security sphere encountered by members of migrant workers' families.

    The Reflection Group on the consequences of current pension reforms for social cohesion and gender equality has prepared a draft report. The group has focused mainly on the private funding of retirement pensions. The report has made good progress and will be finalised in 2004.

    Intergovernmental Mechanism: Convention on the Legal Status of
    Migrant Workers

    Project – Enhancing the Legal Status of Migrants

    · Follow-up to the Sofia round table on migration for work: drawing up a draft recommendation on the legal status of migrants admitted for employment

    A draft recommendation was submitted to the CDMG for approval at its 46th meeting (December 2003). Significant coordination difficulties at national level came to light among the member states represented on the Committee of Experts responsible for drawing up the draft recommendation (the MG-ST). These countries, which had approved the draft recommendation before its transmission to the CDMG, went on to propose amendments and express reservations at the level of the CDMG. The draft text is currently being re-examined by the CDMG before its submission to the Committee of Ministers.

    · Promotion of the European Convention on the Legal Status of Migrant Workers (ETS No. 93)

    The convention can be accessed on the Internet site in eleven languages. The explanatory report is available in both official languages and in Russian. The collection of Council of Europe legal texts relating to migration, published on the occasion of the 7th ministerial conference in 2002, also exists in French, English and Russian and is still very much in demand as a reference document.

    Situation by country:

    Russian Federation: The convention will probably be signed in 2005. In December 2003 over 40 representatives of central government (Ministry of Foreign Affairs, Ministry of Internal Affairs, Federal Migration Service, Ministry of Labour), local authorities (the Deputy Mayor of Moscow) and scientific academies attended an information seminar on the convention. A preliminary study on compatibility of the Russian Federation's national law with the Council's conventional texts was performed in 2003.

    Armenia: The convention should be signed in 2005. The country's new policy in the field of labour migration and the possibility of its signing the convention were discussed with government representatives at a workshop held in Yerevan in October 2003. It can be noted that there was a strong press presence at this workshop, resulting in its coverage in both newspaper articles and television news reports.

    Romania: The Romanian authorities have not taken any follow-up action to the letters sent to decision-makers (the relevant ministers, parliament, etc.) in the first quarter of 2003. The reasons for this lack of interest must be ascertained in 2004, in order to identify new lines of approach.

    Poland: Letters containing information and reminders of the advantages of ratification have been sent.

    Greece: Letters containing information and reminders of the advantages of ratification have been sent.

    · Study on the legal situation of foreigners regarding effective access to justice

    The MG-ST has not commenced this study for lack of time (the two meetings held in 2003 were devoted to preparation of the above-mentioned draft recommendation). In accordance with the new priorities set by the CDMG, the MG-ST will not address this issue in 2004. However, the subject is deemed important by many member states and remains a priority with a view to improving immigrants' legal situation. It could be included in the programme of activities in 2005.

    Intergovernmental Mechanism: MONEYVAL

    Project: Anti-money laundering measures evaluation programme (MONEYVAL)

    The objective in 2003 was to continue the ongoing programme of second round anti-money laundering evaluations and to focus on the issue of the financing of terrorism.

    The overall MONEYVAL aim is that states have effective systems in place to counter money laundering and, since the amendment in 2002 of MONEYVAL's mandate, the financing of terrorism. Twenty-seven states currently subscribe to its evaluation procedures.

    As far as the fight against money laundering is concerned, MONEYVAL concluded at the end of 2003 its second round of on-site visits in the original 22 Council of Europe member states which underwent the first evaluation round. This second round included evaluation against the criteria for non-cooperative states and territories. Thirteen reports have now been adopted in the second cycle. In addition, MONEYVAL has evaluated Monaco, which as an applicant country for Council of Europe membership applied to join the terms of reference. This report has also been adopted. In 2003 MONEYVAL also conducted on-site evaluation visits covering both money laundering and terrorist financing in 4 new MONEYVAL States (Azerbaijan, Armenia, Serbia and Montenegro, and Bosnia and Herzegovina). The report on Azerbaijan has also been adopted.

    In addition to mutual evaluation, MONEYVAL states participate in self-assessment exercises involving both money laundering and terrorist financing. In the spring of 2003, MONEYVAL published a detailed analysis on its website, of its own membership's responses to a self- assessment exercise on terrorist financing. This acts as further peer pressure on states to bring their systems in line with international standards.

    Through the continued application of “compliance enhancing procedures”, MONEYVAL ensures that its member states have systems in place which meet the basic international anti-money laundering standards.

    A third round of detailed mutual evaluations will commence in 2004 using the common global methodology agreed with the international financial institutions and the Financial Action Task Force (FATF). It will conclude in 2007. These evaluations will all cover both money laundering and terrorist financing. MONEYVAL evaluations of its own members on these issues will be used by the IMF and the World Bank in their work.

    Intergovernmental Mechanism: The European Commission for
    the Efficiency of Justice (CEPEJ)

    Project – Monitoring and improving efficiency of Justice

    · Strengthening inter-State co-operation and provide practical means to assist States to improve the functioning of their judicial systems and comply with Council of Europe standards; enabling the Council of Europe to adapt and have an impact on the needs of law reforms in States

    The CEPEJ approved the draft Pilot Scheme for the evaluation of judicial systems, the draft organisational Charter of the European Day of Civil Justice (EDCJ) and has adopted an amendment to Resolution Res(2002)12 establishing the CEPEJ, in order to include in its Appendix 2 the recently adopted Recommendations: Rec(2003)17 on enforcement, Rec(2003)14 on interoperability of information systems in the justice sector and Rec(2003)16 on execution of administrative and judicial decisions in the field of administrative law.

    As part of its country-specific activities, the CEPEJ also carried out two bilateral activities which led to specific recommendations, sent to all member states, on territorial jurisdiction and mediation that were requested by the Netherlands and Switzerland, respectively.

    The CEPEJ also hosted a one-day study session in co-operation with the United Kingdom on “Justice: serving citizens” that was open to all members of the CEPEJ and persons with a professional interest in justice matters.

    Intergovernmental Mechanism: Monitoring by other conventional committees

    Project – ETS No 108 – Protection of Individuals with regard to Automatic Processing of Personal Data

    · To promote the effective implementation of Convention ETS No. 108

    Two further ratifications and two further signatures of Convention 108 were registered. In addition, two member states are in the process of adopting or amending their legislation on data protection following the Council of Europe's expertise.

    · To promote general acceptance of the Additional Protocol on supervisory authorities and transborder data flows (ETS No. 181); to promote the setting up of independent national data protection authorities and to start to consider new ways of co-operation between data protection authorities

    Two further ratifications and two further signatures of the Additional Protocol were registered. Besides, bilateral co-operation was organised with two member states in order to promote the establishment and functioning of independent national data protection authorities. The T-PD started to consider new ways of co-operation between data protection authorities and concluded that this was not a priority.

    · Within the context of transborder data flows, to continue to examine the criteria that should be fulfilled in order for an importing country to be considered as having an adequate level of data protection

    The Guide to the preparation of contractual clauses governing data protection during the transfer of personal data to third parties not bound by an adequate level of data protection was finalised and published on the data protection website at the end of 2002. It was transmitted to the Committee of Ministers in early 2003.

    Project – Monitoring the operation of conventions on co-operation in the criminal field

    Further to its mandate, the Committee of Experts on the Operation of European Conventions in the Penal Field (PC-OC) provided a unique forum for discussion between practitioners on the operation of co-operation conventions. Problems raised included the concept of universal jurisdiction, disagreement regarding the interpretation of the Mutual Legal Assistance Convention, the use of video-conferencing and the revocability of consent to give witness statements in foreign proceedings.

    The Committee of Experts on the Operation of European Conventions in the Penal Field (PC-OC), is considering new or reinforced forms of mutual assistance in criminal matters in relation to terrorism. It is preparing a report on the matter for its meeting in March of 2004.

    In view of the imminent entry into force of the EU's European Arrest Warrant, the PC-OC identified a need to take stock of traditional extradition mechanisms.

    The PC-OC also examined the problem of how to encourage the imposition of non-custodial sentences on foreigners, who typically suffer from discrimination at the sentencing stage, due to the lack of an appropriate system of transferability of the supervision of non-custodial sentences.

    Line of Action 2
    Human Rights in Public Policy

    Programme: Human Rights Law and Policy Development

    Project – Coherence and synergies in the development of human rights law and policy of different fora (ONU, OSCE, EU…)

    · To enhance the development of coherent human rights standards and interventions, avoid unnecessary duplication and optimise synergies in relation to other organisations active in the field of human rights, in particular the United Nations and the European Union

    The Director General of Human Rights informed the UN Commission of Human Rights of relevant Council of Europe activities in the human rights fields (see DG II(2003)7). Various written contributions to raise awareness of relevant Council of Europe activities were prepared prior to the UN Human Rights Commission's and Third Committee's sessions. The relevant debates in the UN have demonstrated that the CoE 'Guidelines on Human Rights and the fight against terrorism' are well-known and have been used in the preparation of relevant texts

    The Secretariat's participation in events organised by the ODIHR, the OSCE and the UN, led to clear references to Council of Europe work and standards in texts resulting from these events (e.g. ODIHR seminar on racism, human dimension meeting, OSCE seminar on terrorism and human rights, UN seminar on the role of judges in the protection of human rights).

    The CDDH study on legal aspects of EU accession to the ECHR made a significant contribution to the work of the EU Convention inasmuch as the draft Constitutional Treaty of the European Union contains a clear provision on the EU's accession to the ECHR.

    · To enhance complementarity and synergies between Council of Europe human rights mechanisms

    The exploratory study on ways and means of promoting complementarity and synergies between Council of Europe human rights mechanisms was not carried out as priority was given to the reform of the ECHR system.

    Project - Legislative reform/compatibility

    · To foster the adoption of domestic legislation and practices which are compatible with European human rights standards through compatibility exercises and counselling and expertise on the compatibility of specific laws, draft laws or issues

    Completed compatibility reports: Before it became Serbia and Montenegro, the compatibility report of the Federal Republic of Yugoslavia, completed in 2002, was published in Serbian in January 2003. Albania: The compatibility report was revised in the light of legislative changes in 2003 and published in Albanian and English.

    On-going compatibility reports: Montenegro: A first draft was submitted to the Council of Europe in December 2003. Georgia: A bilingual publication is planned for the first half of 2004. Bosnia and Herzegovina has had a slow start due partly to complications in identifying the correct local interlocutors. It will be a priority for 2004 and a key part of this will be ensuring that the exercise is given sufficiently high priority on the political agenda.

    The Compatibility Report for Azerbaijan was not finalised in 2003, despite repeated calls upon Azeri experts to finalise their contribution. The issue was raised by the GT-Suivi.Ago and in various meetings with Azeri officials.

    Legislative expertises, as a follow-up to compatibility exercises, were carried out in Armenia (law on Ombudsman, draft law on alternative military service, draft law on mental health), Georgia (draft law on “religious entities”), Moldova (six different draft laws), the Russian Federation (Federal Law on Remand and Internal Rules and Regulations governing SIZO, legislation related to constitutional justice in the subjects of the Federation), Serbia and Montenegro (draft decree on conscientious objection, draft laws on denationalisation, criminal procedure) and Ukraine (draft law on the Execution of Judgments of the European Court of Human Rights). Further expertises were conducted in relation to the process of legislative reform taking place in Turkey in the framework of the National Programme for the adoption of the Community acquis (draft revised Criminal Code and Criminal Procedure Code). In most cases, these expertises were followed by expert meetings in the relevant countries or in Strasbourg.

    Impact of Legislative expertises

    In Armenia, the law on Ombudsman, elaborated with the assistance of Council of Europe and OSCE experts, was adopted in September 2003. The provisions of the law broadly respect the European standards with respect to such institutions. With regard to the draft legislation on alternative military service, major shortcomings were identified in the initial draft. In the adopted law some major problems were corrected, but overall the law in its current form falls short of the European guidelines.

    A positive dialogue has developed with the Moldovan authorities and a willingness to revise draft law in light of Council of Europe suggestions has been observed.

    With regard to the Russian Federation, the agreed and proposed amendments to the Law on remand were introduced and examined by the State Duma before the end of the year.

    The decree establishing conscientious objection in Serbia and Montenegro is, in general, compatible with Council of Europe human rights standards. As a result, for the first time, 226 young men have undertaken alternative service in Serbia and Montenegro.

    · To promote on-going compatibility of national legislation, as well as of administrative practices, with the standards fixed by the Convention through systematic screening of draft legislation and current such practices

    A draft recommendation on the screening of draft legislation, existing legislation and administrative practice, with a view to ensuring compatibility with the ECHR, was in the final stages of drafting in the DH-PR at the end of 2003. The recommendation will include an appendix setting out examples of good practice. The text will be finalised early in 2004. It is planned to establish specific monitoring of the implementation of the Recommendation, once adopted.

    · To promote the withdrawal or limitation of the scope of the reservations made by member states to the ECHR

    This objective has not been achieved. The CDDH, in view of the decisions of the CM at their 112th and 113th sessions, was obliged to give full priority to the reform of the ECHR system.

    · To promote the wider ratification of protocols to the ECHR as well as fulfilment by the new member states of their commitments to sign and ratify CoE human rights instruments

    In 2003, the CDDH held a first round table discussion on this issue. During the year 2003, Protocol No. 7 was ratified by 1 State; Protocol No. 6 was ratified by 2 States; Protocol No. 12 was ratified by 3 States, while Protocol No. 13 was ratified by 15 States.

    The significant increase in the number of ratifications of Protocol No. 13 has demonstrated the strong will of member states to establish a death penalty-free zone and has enabled its entry into force. On the other hand, the CDDH's discussion revealed difficulties with regard to Protocol No. 12, certain members indicating that ratification was not envisaged.

    · To increase the number of signatures and ratifications of Protocol No. 12 to the ECHR

    This objective was not achieved in 2003 inasmuch as the number of ratifications only rose from 2 to 5. The CDDH will pursue round table discussions in 2004 and 2005 with a view to contributing to overcoming obstacles to signature and ratification of the Protocol.

    · To promote the de jure abolition of the death penalty in all member states and ratification of Protocols Nos. 6 and 13

    Considerable progress was registered in 2003. All but one member State had abolished the death penalty. Two ratifications were still lacking at the end of 2003 with regard to Protocol No. 6. Protocol No. 13 entered into force in 2003, with 15 instruments of ratification being deposited in 2003.

    Project - More effective human rights protection in situations of conflict and tension: developing appropriate answers

    · To promote implementation of the guidelines on human rights and the fight against terrorism

    The Guidelines on human rights and the fight against terrorism, adopted in July 2002, continued to be distributed widely at international and national levels in 2003. Their translation was initiated and ten non-official language versions were available at the end of 2003. Due to the fact that all human and financial resources were mobilised on the reform of the ECHR system in 2003, it was not possible to organise the review seminar as planned, which had to be postponed to late 2004/early 2005.

    · To make proposals to fill any gaps in the protection of human rights during armed conflict as well as during internal disturbances and tensions, including as a result of terrorist acts (subject to decisions of the Committee of Ministers)
    · To elaborate specific proposals concerning the Council of Europe's response to serious and massive violations of human rights (subject to decisions of the Committee of Ministers)

    In November 2003, the CDDH approved and transmitted to the CM the Final activity report of the DH-DEV (CDDH(2003)026 Addendum II) with conclusions under both specific objectives, which contained a draft political declaration of the CM. The main proposal, reflected in the Declaration on the Protection of Human Rights during armed conflict, internal disturbances and tensions, was adopted by the CM on 21 January 2004. It consists of enhancing the fact-finding role of the Commissioner for Human Rights. The CM has instructed the GR-H to examine the question of means/resources necessary for such an enhanced role of the Commissioner.

    Project - Substantive legal analysis of human rights issues and input into the development of CM policy on such issues

    · To analyse substantive human rights issues from a legal perspective, including at the request of the Committee of Ministers (e.g. contributions to the Committee of Ministers' monitoring of compliance with member state's commitments, replies to Parliamentary Assembly Recommendations, etc.), and, as appropriate, provide elements for Committee of Ministers' policies on human rights issues

    Substantive opinions were provided by the CDDH to the CM on questions such as human rights education (feasibility of a European Programme in this field), “environment and human rights”, “areas where the ECHR cannot be implemented” and “the institution of the Ombudsman”, the latter three being opinions on relevant PACE Recommendations.

    In addition, the CDDH contributed to the CM's monitoring of compliance with member states' commitments in respect of the functioning of the judicial system by examining the situation in member states regarding i) the implementation of Recommendation No R (1993) 1, ii) the fairness of judicial proceedings and iii) judicial procedures before military tribunals. The CDDH adopted and transmitted a report to the CM containing proposals and recommendations regarding these themes.

    In 2003 the CDDH also set up a working group on the implementation of Rec(2000)3 on the Right to the Satisfaction of Basic Material Needs of Persons in Situations of Extreme Hardship and to explore the possibility of integrating this right and certain fundamental social rights in the ECHR.

    The different analyses carried out by the CDDH were largely based on information provided by member states. The pooling of experiences and good practices, in itself, has raised awareness in respect of the issues examined, possibly leading to changes in domestic law and practice in certain States. These analyses have in some cases led to proposals for new activities e.g. on environment and human rights.

    The question of social rights is an important issue inasmuch as the EU Charter of Fundamental Rights contains such provisions and the UN is examining similar issues. This specific objective should be maintained for 2005.

    · To examine, from a human rights perspective, the question of the protection of the rights of victims of crime/of human rights violations

    In 2003, the CDDH held a first exchange of views on this matter which identified lacunae regarding the protection of victims of crime/violations of human rights and explored the various ways forward. It was decided to resume this exchange in June 2004, on completion of the reform of the ECHR system, which had been given priority in 2003.

    Programme: Improving procedures, mechanisms and remedies

    Project - Enhancing the Office of the Government Agent to the European Court of Human Rights

    · To foster the establishment and enhance the operational capacity of the Office of the Government Agent to the European Court of Human Rights

    A major conference attended by representatives from 37 countries and to which all Government Agents were invited was held in The Hague on 8-9 December 2003 in the context of the Dutch Chairmanship of the Committee of Ministers of the Council of Europe. It highlighted best practices employed by various agents and allowed Government Agents to discuss the problems with which they are all confronted in their work with the national authorities and the Court in Strasbourg. Bosnia and Herzegovina did not send any representative to the Hague Conference despite strong encouragement by the Council of Europe to do so.

    Specific assistance provided to newly established Government Agent Offices and Agents:

    In Ukraine, staff members of the Government Agent Office have actively taken part in the training of judges on the ECHR. However, the frequent turnover of staff members of the Office continued and there is always a feeling that there is a stronger commitment on their part to protect the interests of the State rather than to ensure a proper implementation of the ECHR by public officials.

    The Government Agent Offices in Albania and Croatia were given human rights documentation and study visits to Strasbourg were organised for the staff of both offices.

    In Armenia, Azerbaijan and Bosnia and Herzegovina, despite the fact that the ECHR was ratified in 2002, the Government Agent Offices were not established by the end of 2003. (In Azerbaijan a Presidential Decree issued in November created the legal basis for the establishment of the GA Office, but no concrete steps were taken to implement the decision).

    Serbia and Montenegro, which recently ratified the ECHR, has also not taken steps to establish a Government Agent Office.

    Project - Promotion of non-judicial mechanisms for the protection of human rights

    · To promote the establishment, functioning and the effectiveness of independent national and/or regional non-judicial human rights mechanisms (Ombudsmen and national and/or regional human rights institutions)

    Situation of Ombudsmen:

    Albania: The Albanian People's Advocate Office received a placement from the Netherlands Ombudsman institution to provide practical input on running and organising the People's Advocate institution. A training workshop was also organised for the staff of the Albanian People's Advocate Office.

    Russian Federation: Ombudsmen were elected in five additional regions during 2003, and their offices are operational. Two events to promote the regional parliamentary ombudsman institution in subjects without a law on the ombudsman were carried out in the Far East (Vladivostok and Kemerovo). A round table of the Association of Regional Parliamentary Ombudsmen was conducted in Kaliningrad together with the CoE HR Commissioner. Support was continuously provided to the website on regional ombudsmen.

    Serbia and Montenegro: In Serbia, the Assembly has not yet adopted the law on Ombudsman, drafted with the CoE expertise. In Montenegro, the law on Ombudsman was adopted and an Ombudsman was elected. An awareness raising campaign was organised to familiarise the public with the role of the Ombudsman institution.

    South-East Europe: Two meetings of representatives of Ombudsman institutions in South Eastern Europe and concerned international organisations took place in Athens and Sofia in May and November 2003 respectively. The meetings, organised in co-operation with the Greek Ombudsman Office, facilitated common reflections and discussions on current and future co-operation among Ombudsmen in South Eastern Europe.

    “the former Yugoslav Republic of Macedonia”: The law on Ombudsman was adopted. Expert advice was provided to the drafters of the law on the Ombudsman in the “former Yugoslav Republic of Macedonia”.

    Turkey: The issue of an Ombudsman institution in Turkey still appears open to discussion. Meanwhile, the Human Rights Presidency has been reviewing the functioning of the Human Rights Councils and the CoE will contribute to those discussions as appropriate.

    In collaboration with the Human Rights Presidency, a series of round tables was launched with the Human Rights Councils established in all provinces under the leadership of the Deputy Governors. The round tables will continue in 2004. In answer to an evident lack of pertinent materials, useful for the Council's work, a leaflet will be published in the earlier part of 2004.

    Project - Reform of the system of the Convention for the Protection of Human Rights and Fundamental Freedoms

    · To reinforce the control system set up by the European Convention on Human Rights and maintain the operational capacity of the Court in the medium and long term

    Major progress was made in 2003 in line with the time table fixed by the CM: the main lines of the future amending protocol to the ECHR have become clear and draft texts for the remaining instruments have been drawn up. At the 113th session, the CM took note of progress in drafting an amending Protocol to the ECHR and other relevant instruments (recommendations, resolution, declaration) and declared its intention to adopt these texts at its 114th session (May 2004). In November 2003, the CDDH adopted an interim activity report (CDDH(2003)26 Addendum I) and transmitted it to the CM. The report sets out progress, notably with regard to drafting the draft amending Protocol.

    · To improve the effectiveness of the control by the Committee of Ministers of the execution of judgments of the Court

    This specific objective is linked to the previous one (reinforcing the control system of the ECHR). In the course of its work on the reform of the ECHR, the CDDH identified several proposals to improve the effectiveness of CM supervision of execution. The CCDH has integrated these proposals in the draft amending protocol and other instruments.

    Furthermore, additional issues relating to improvement of the supervision of execution by the CM were under discussion in the CM in the course of 2003, notably as regards measures in the event of slow or negligent execution, or refusal to execute. Concrete decisions are expected in 2004.

    Project – Securing effective national remedies, including special remedies for pilot cases

    · To improve the implementation of the ECHR in the domestic law and practice of member states including i) the provision of effective remedies, and ii) the possible re-opening or re-examination of certain cases at domestic level following judgments of the European Court of Human Rights

    In the framework of its work on the reform of the ECHR system, the CDDH prepared a draft recommendation in 2003 on the improvement of domestic remedies, together with an appendix containing examples of good practices. In the same vein, the CDDH drew up a draft resolution regarding judgments which reveal an underlying structural problem. These instruments will be submitted for adoption by the CM at its 114th Session in May 2004, following which it is planned to establish a specific monitoring of their implementation by member states.

    Programme: Human Rights awareness and training

    Project - Improving access to the case law of the European Convention on Human Rights and findings of other human rights treaty bodies

    · To improve access to the case law of the European Court on Human Rights and findings of other human rights treaty bodies (including where possible in national languages), including through the maintenance and development of the HUDOC databases (on ECHR, ESC, CPT, ECRI and FCNM)

    Human rights publications and bulletins, containing summaries, commentaries, as well as full translations of the most relevant ECtHR case law, were made available to judges, prosecutors, lawyers and academics in the two official languages and/or in national versions and distributed widely in member states, in particular in Serbia and Montenegro (including Kosovo), Bosnia and Herzegovina, Albania, the Russian Federation, Ukraine and Moldova. The HUDOC system was further developed to cover monitoring under the Framework Convention on National Minorities.

    Project - Preparation of human rights training and awareness materials

    · To improve knowledge and awareness of professional groups and civil society actors through diversified, targeted publications (including multimedia), the development of human rights websites as comprehensive, up-to-date sources of information

    Long distance training modules were used as material for interactive learning courses targeting human rights education trainers. CoE input to UN training material allowed the inclusion of European standards in training material for NGOs. The Russian-speaking community now has access to up-to-date human rights materials on the CoE human rights standards (10,000 copies of CD ROMs were produced). Support was given to the UNHCR to produce a CD-ROM training tool for Turkish gendarmerie on the protection and assistance of refugees and asylum seekers.

    · To enhance the human rights capabilities of field missions through human rights training (general and specific) for field officers

    A training manual on European human rights standards is being developed in co-operation with the OSCE Secretariat's training section in Vienna and the OSCE's ODIHR in Warsaw. It is being considered as a pilot project for what would eventually be a regularly updated field manual for use primarily by OSCE and the CoE but also as a companion to the UN Training Manual.

    Project - Awareness and training for the protection of specific rights or specific groups

    · To improve the human rights knowledge of persons involved in the legal defence of vulnerable groups such as Roma, refugees and asylum seekers

    Lawyers and NGOs in South-East and Central Europe were provided with an in-depth and practical knowledge of European Human Rights mechanisms and will be able to use them in their activities in defence of vulnerable groups at domestic and international levels.

    In addition, training seminars on the complementarities of UN and European Conventions for the protection of refugees were co-organised with the UNHCR in Azerbaijan, the Russian Federation, Turkey, Ukraine, Italy and Strasbourg. Following the seminar in Ukraine, the courts have, in most cases, rejected the authorities' formal rejections of asylum applications having violated a strict application deadline, with reference to the ECHR.

    Similar training activities should continue in the future, targeting not only lawyers and NGO representatives but also judges and prosecutors dealing with such vulnerable groups.

    Project - Support for civil society structures and activities

    · To strengthen civil society structures as multipliers for human rights awareness-raising (including the human rights library centres of the Council of Europe and the human rights depository libraries)

    Co-operation with individual human rights library centres of the Council of Europe resulted in training seminars and a summer school on CoE human rights standards in Moscow and in Rostov-on-Don. In Ukraine and Belarus, NGOs were informed on the principles of freedom of association, right to privacy and the abolition of capital punishment. In Belarus awareness activities conducted by NGOs resulted in an appeal by parliamentarians to the Constitutional Courts to declare capital punishment incompatible with the Constitution.

    In Azerbaijan and Georgia, meetings focused on questions of the right to liberty, the right to fair trial and the prohibition of torture. A series of round tables launched with NGOs across Turkey focused on the prevention of torture, freedom of association, freedom of expression and other issues of specific concern. A day-long programme organised on Turkish national television on 10 December raised awareness on a range of human rights issues.

    Due to budgetary constraints, CoE co-operation with CoE human rights library centres was limited to only a few ad hoc activities. Co-operation with civil society structures in Belarus has become increasingly difficult following the sanctions taken by the authorities against the most prominent human rights NGOs. In general, the existence of laws and practices not favourable to NGO activities is a factor which affects CoE activities in several countries.

    Project – Training of judges, prosecutors and lawyers
    Project – Training of law enforcement officials

    · To improve the application of European human rights standards by judges, prosecutors, lawyers and law enforcement officials notably through the development of coherent and long-term oriented training programmes and methods within national institutional frameworks (e.g. judicial training centres)

    Judges, prosecutors, lawyers and law enforcement officials in South-East European countries, Turkey, the Russian Federation, Ukraine, Moldova and the South Caucasus States have been trained on European Human Rights Standards. An increase in human rights arguments and reference to the ECHR in pleadings and court judgements are reported, in particular in Ukraine and the Russian Federation.

    Defining appropriate training evaluation criteria is also a long-term objective, which requires more effort, in particular a change of attitude and active involvement of national authorities other than the Judicial Training Centres and organisations other than the CoE. In a few countries co-operation with the Council of Europe by national professional groups and training centres has not been coupled with the necessary political support by the MOJ and MOI, in particular as concerns the compulsory participation of judges, prosecutors and law enforcement officials in the training activities.

    Project - Developing standards and materials for human rights education (HRE)

    · To help define European standards for EDC and human rights education policies and practices

    See under Line of Action 9, Project “Education policies and practice for democratic citizenship and human rights education”

    · To disseminate the educational methods leading to EDC skills and competencies, including those for intercultural dialogue and peaceful conflict resolution

    See under Line of Action 9, Project “Education policies and practice for democratic citizenship and human rights education”.

    Project - Youth promoting human rights and social cohesion

    · To deepen the understanding and developing educational and other responses to persistent violations of human dignity, such as social exclusion, violence, racism, intolerance and discrimination

    A total of 16 study sessions were carried out at the European Youth Centres in co-operation with 16 youth organisations. 508 multipliers were trained and acquired competencies related to human rights matters affecting young people.

    Three hearings were organised with different Parliamentary Assembly Committees : a “Hearing on Policies for the Integration of Immigrants in Council of Europe member states”, a “Hearing on Challenges to Social and Migration Policies”, a “Hearing on Refugee Education”. A youth delegation participated in the round-table of ECRI and the EUMC on Community Cohesion.

    Two seminars, “Youth work with boys and young men as a means to prevent violence in everyday life” and “Youth work with fan clubs as a means to prevent violence in and around sport arenas”, brought together 97 participants from all over Europe. Members of fan clubs, senior officials of the youth and sport fields and youth workers established co-operation on issues concerning human safety in sporting events.

    The participation of the European Youth Centre Budapest at the Sziget Festival in Budapest, the largest open air music festival in Europe, raised the awareness of thousands of young people about the Council of Europe, human rights and non-formal education. The activity got extensive attention from the media.

    The interest from youth organisations in human rights education, and the interest of the Assembly's Committees to include the point of view of young people in their work, was substantially higher than expected. This has resulted in a greater awareness and determination by youth multipliers in addressing human rights and social cohesion matters. This is visible through the projects submitted by youth organisations and applicants to training activities. The results of the work with the Parliamentary Assembly should be equally positive. The Assembly adopted Recommendation 1596 on “The Situation of Young Migrants in Europe”, a result of similar hearings held in 2001 and 2002. The results of the seminars on violence prevention are integrated in a draft youth policy recommendation on violence prevention, which will serve as a basic document for the conclusion of the youth contribution to Integrated Project 2.

    This objective was achieved beyond expectations. It remains fully relevant for the future.

    · To empower young people from minorities, and those working with them, to actively participate in society

    A survey was conducted among members of the CDEJ and youth organisations regarding the feasibility and scope of a “Recommendation on the promotion of the participation of minority youth in Europe”. The proposals for contents and procedures in elaborating the recommendation were forwarded to the CDEJ for follow-up.

    The consultation has produced useful guidelines for future education and training activities in relation to minorities, in particular for the long-term training course on “Diversity and Cohesion”.

    · To develop and create access to educational tools and methodological resources for use by practitioners in human rights education across Europe and the Mediterranean region

    “Compass – a manual on human rights education with young people” was published in English in 2002. The French and Russian versions were published in 2003 and the high demand for this comprehensive and practical handbook called for a reprint of the English and Russian versions – nearly 20,000 copies were distributed and sold. With substantial support from governmental and non-governmental partners in the member states, “Compass” is being translated into Arabic, Bosnian, Bulgarian, Croatian, Dutch, Georgian, German, Greek, Hungarian, Italian, Macedonian, Polish, Romanian, Slovene and Spanish. The on-line version was launched (http://www.coe.int/compass). Permission was granted to the Russian Section of Amnesty International to print 5,000 copies of selected chapters for use in Russian schools. Through training courses within the Euro-Med Covenant with the European Commission, the manual was also introduced in the Mediterranean area. “Compass” has become a key reference for practitioners in human rights education.

    · To consolidate and further develop European networks of trainers, multipliers and youth organisations active in promoting human rights

    Eighty-six trainers and multipliers were trained and acquired training competences in human rights education. The outputs were more than doubled in relation to the original plans: as a result of the high demand (789 applications), two training courses were organised instead of one. At a seminar, specialists pre-assessed the feasibility of an advanced training course for trainers in human rights education as requested by previous participants and organisations. A study confirmed the need for such a course; the curriculum and contents of the advanced training course were designed for implementation in 2004.

    · To support the establishment and development of pilot projects and activities on human rights education and to disseminate their results

    Seven national and regional training courses were carried out with the financial and educational support of the Council of Europe in Georgia, “the former Yugoslav Republic of Macedonia”, the Russian Federation, Estonia, Italy and Ukraine. 210 trainers and multipliers in human rights education were trained and acquired the necessary competences to act as multipliers of human rights education projects.

    The European Youth Foundation gave financial support totalling € 267,500 to 92 pilot projects on human rights education in 36 countries, chosen from 250 applications.

    The output and results greatly surpassed initial expectations. Methods and tools developed within the project are visible in activities that are not supported or organised by the Council, suggesting a medium-term impact and self-sustainability.

    Programme: Access to social rights

    Project - Citizens role in Health

    · Develop and strengthen health promotion and health education, including training

    Health Ministers discussed the human rights dimension of health care (7th Conference of European Health Ministers, 12 – 13 June 2003, Oslo). In their final Declaration, the European Health Ministers called on the Council of Europe and the European Health Committee inter alia to intensify its work on the social, ethical and human rights dimension of health in the delivery and availability of evidence-based health care and related services.

    One step further in the direction of introducing the ethical and human rights dimension has been taken with the proposal of a Group of Experts to the CDSP to amend Article 11 of the Revised European Social Charter. Taking into account the complexity of the task, the discussion will most probably not be finalised in 2004. Consequently, proper funding of this project is to be ensured in 2005.

    Forty senior regional health administrators were trained in the control of tuberculosis with an emphasis on human rights and social cohesion issues in the Russian Academy for Advanced Medical Studies in December 2003.

    The European Network of Health Promoting Schools (ENHPS) has been further developed in co-operation with both the European Commission and WHO Europe. Forty-one member states benefit from health education in their schools.

    Project - Equity in access to Health Care

    · Ensure access to good quality care and health promotion to all, and particularly to the more vulnerable groups of the population

    The Committee of Ministers adopted Recommendation (2003) 24 on the organisation of palliative care. The Recommendation calls for palliative care to become an integral part of the health care system and an inalienable element of a citizen's right to health care.

    A regional seminar was held in Cracow (Poland) to launch Recommendation Rec(2001)13 on developing a methodology for drawing up guidelines on best medical practices and to give practical guidance on how to promote good clinical practice in the best interests of the patient. The seminar was attended by 35 experts from countries in transition. The Recommendation, also translated into Polish and German at the expense of the respective National Health Authorities, was widely disseminated.

    · Promote and develop the ethical and social cohesion aspects of health care and health promotion as a means of achieving equity

    The Committee of Experts on Health services in a multicultural society (SP-SSM) prepared a survey on the subject in selected member states and submitted the results to the CDSP. The survey's results will serve as a basis for elaborating a draft recommendation in this field in 2004.

    Project - Promoting effective access to social protection, social services, housing and employment

    · To provide policy makers in the social field with guidance for the reform of social services

    A set of guidelines on user participation in social services in being prepared by a new group of specialists (CS-US). Work on this topic should be completed by June 2004.

    Further work on social services is under consideration by the CDCS.

    · To disseminate the results of the work carried out by the CDCS on access to social rights

    The Committee of Ministers adopted on 24 September 2003 a Recommendation on improving access to social rights. This Recommendation is directed at the governments of the Council of Europe member states and aims to make political decision-makers aware of the importance of the real enjoyment of social rights in the fight against exclusion.

    The Report on access to social rights for people with disabilities in Europe was approved by the CDCS and published in November 2003. On the occasion of the European Year of People with Disabilities, the report takes a different look at the situation of these people and the means available to ensure their full integration into society.

    By December 2003, the report on access to social rights in Europe, adopted by the CDCS in 2002, was published in 17 languages: Armenian, Bosnian, Bulgarian, Croatian, Czech, Dutch, English, French, German, Italian, Latvian, Lithuanian, Moldovan, Portuguese, Romanian, Russian and Spanish. More than 15,000 copies have been distributed in the 45 member states of the Council of Europe.

    The report was launched in Bosnia and Herzegovina, Armenia, Croatia, Finland, Latvia, Lithuania, Malta, Ukraine and France at national round tables on access to social rights, gathering the relevant national stakeholders. The launches were organised in close co-operation with the relevant ministries of the concerned countries. When the report was launched, France and Malta presented new policies to improve access to social rights, in line with the Report. Bosnia and Herzegovina expressed its intention to develop social policies based on the recommendations of the Council of Europe and with its assistance

    · To provide policy makers in the employment field with guidance on designing policies for integrating marginalized groups into the labour force

    In 2002, a new Group of Specialists began work on access to employment for very marginalised and disadvantaged groups (CS-MA) such as ex-prisoners, homeless, drug users and former drug users, and victims of human trafficking. Its activities continued in 2003 with

    the objective to develop a set of policy guidelines. These guidelines will be presented for approval by the CDCS in May 2004.

    The guidelines for local employment initiatives (prepared by CS-EM) have been widely distributed through the report on access to social rights.

    · To develop exchanges and cooperation among the countries of South-East Europe in the field of employment (contribution to the Stability Pact)

    The South-East Europe Ministerial Conference on Employment, held on 30-31 October 2003 in Bucharest, adopted a declaration on Improving Employment in South Eastern Europe through a structured cooperation process. As a result of this conference a permanent high-level committee held its first meeting in December 2003, at which it established terms of reference and a working calendar. The objectives of this activity will be to fully assess the employment policies of the concerned countries (joint exercise International Labour Office - Council of Europe) and to set up a system of peer review.

    An ongoing process of cooperation between employment ministries in South-East Europe having been established, it can be said that the essential first stage of this objective has been successfully achieved. Now the CoE must work with the ILO, in the overall framework of the Stability Pact, to enable this new sub-regional structure to develop into a quasi-permanent cooperation mechanism which should progressively become self-sustaining.

    · To provide assistance for member states wishing to develop policies and measures designed to improve access to employment, access to social protection and access to housing

    In the framework of the Joint Programme of co-operation between the European Commission and the Council of Europe for the promotion and strengthening of democratic stability and conflict prevention in South Caucasus, a project on improving access to social protection for vulnerable groups has been implemented in Armenia, Azerbaijan and Georgia. Several activities aimed at the practical implementation of the Guidelines for improving access to social protection in the countries involved in the project have been carried out with the full involvement of the national authorities, the social partners and representatives of the civil society. These “pilot” activities have been implemented at the local level and targeted refugees and “internally displaced persons”, persons with disabilities, elderly and large families with children. This programme will be completed in 2004.

    An assistance activity for creating employment for women in Kruja, Albania was launched in 2003, based on the previous experience of a similar project in Pskov, Russia. The aim of these pilot projects is to develop local partnerships to respond to the needs of the local labour markets. A manual on local partnerships for employment was developed on the basis of the Pskov project and is being disseminated. The project in Albania will continue in 2004.

    The housing network in South East Europe continued its work, helping the participating countries to share best practices. A technical meeting was held in Zagreb to discuss the latest developments in the legislative, policy and projects fields in the region. It is planned to develop the work of this network during 2004 and 2005 in synergy with the new intergovernmental activity on housing which should result in policy recommendations relevant to the problems in the sub-region.

    A technical assistance programme related to the access to housing for vulnerable categories was launched in the Russian Federation in 2003. Under this programme an exploratory mission and a training seminar for Russian specialists were held in Moscow, and studies concerning access to housing in the regions of Moscow, Kirov, Briansk, Ivanovo and in Komy Republic were carried out by Russian experts. As extensive legislation is currently in preparation, the Russian authorities have requested the continuation of this programme in 2004.

    Programme: Vulnerable Groups (including ''exploitation of human beings'')

    Project – Action against trafficking in human beings

    · To establish new legal standards on action against trafficking in human beings

    On 30 April 2003, the Committee of Ministers set up an Ad hoc Committee on action against trafficking in human beings (CAHTEH) to prepare a European Convention on action against trafficking in human beings. A preliminary draft European Convention was prepared by the Bureau of the CAHTEH and this text was discussed during the second plenary meeting. The draft convention was therefore not prepared by a subordinate interdisciplinary group of the Steering Committee for Equality between Women and Men (CDEG) as expected, but the CDEG is associated in the drafting process through the participation of three of its representatives.

    · To foster the implementation of Recommendation No. R (2000)11 on trafficking in human beings for sexual exploitation through co-ordinated action and legislative assistance

    The Project to support regional criminal law reform in South-East Europe to combat and prevent trafficking in human beings (“LARA Project”), launched in July 2002, was completed in 2003. The LARA project allowed the countries concerned to adapt and revise their national legislations in the field of trafficking in human beings. To this aim, regional seminars, “flying consultancies” (legislative expertises) and a training seminar in drafting legislation for the protection of victims and victims-witnesses of trafficking in human beings were organised.

    Almost all the countries have adopted comprehensive national plans of action to fight against trafficking in human beings, including prevention, prosecution of trafficking and protection of the victims. All countries have introduced trafficking as a criminal offence in their respective national legislations.

    Project – Access to Social Rights for people with special needs

    · Providing assistance to member states wishing to develop measures for the benefit of persons with disabilities

    When European Year of People with Disabilities (2003) drew to its close in France, the Directorate General of Social Cohesion officially presented the Council of Europe report on “Access to social rights for people with disabilities". This official presentation took place at UNESCO, in Paris, and was attended by numerous French personalities, including the Prime Minister, the Minister for Health and the State Secretary with responsibility for Disabled Persons.

    An exploratory mission to Moldova provided an opportunity to increase dialogue between the governmental and non-governmental sectors with a view to a better definition of the responsibilities of each.

    A seminar in Skopje gave rise to synergy between various players (around 80 of them), culminating in the adoption of conclusions based on Council of Europe instruments and transmitted to the responsible ministry.

    A seminar in Warsaw on the employment of persons with disabilities (140 participants) stimulated discussion of the reform of sheltered work institutions in accordance with European standards.

    The absence to date of institutionalised relations with those partners which are not members of the Partial Agreement in the Social and Public Health Field is an obstacle to the carrying out of activities. It is to be hoped that the enlargement of the CD-P-RR will enable more sustained working relations to be established with the countries concerned. What is more, the gradual integration of those countries which are in transition into intergovernmental co-operation in this field will give rise to numerous requests for assistance, which will require appropriate additional financial resources.

    · Propose guidelines for projects promoting integration for youth in disadvantaged neighbourhoods (contribution to the Integrated Project on « Responses to violence in everyday life in a democratic society»)

    Comparative field research, based on interviews with stakeholders and young people, has been carried out in six European cities. A conceptual report has already been published and a further publication analysing the results of the research is at an advanced stage of preparation. The possibility of developing guidelines on partnership and consultation will be examined during 2004.

    In this way, a substantial contribution is being made to achieving the objectives of the Integrated Project. Some of the issues raised in this work are highly relevant to the overall social cohesion strategy and should be associated with other activities under the responsibility of the CDCS.

    · To assist member states in implementing the commitments made at the Madrid World Assembly on Ageing (contribution to the multidisciplinary project)

    Objective partly achieved in that two seminars were held, one in the Russian Federation and the other in Ukraine, and some Ukrainian gerontologists were able to make a study visit to France. These meetings took place at the request of the authorities of the countries concerned, and in the light of the intergovernmental work finished in 2002 on improving the quality of life of dependent elderly persons. A total of 120 specialists were involved and were made aware of the issues. Activities relating to assistance to the elderly as a whole, however, were not able to be strengthened in 2003 for lack of resources, remaining at a level similar to, or even lower than, that of 2002, bearing in mind the fact that no multilateral activity took place in 2003.

    The years 2004 and 2005 should introduce some new relevant elements, given that a report was commissioned at the end of 2003 by the CDCS with a view to the possible definition of any specific subjects to be dealt with in the best interests of member states from 2005 onwards. This corresponds to the CDCS' wish to conduct projects on the ageing of European populations and the responses required at many levels. During 2004, the CDCS will be taking up a position on the question of whether it would be preferable to start a new project on several aspects of ageing or to deal with these issues within other projects.

    · To provide assistance to countries wishing to develop better systems for children in need of care

    Three seminars for childhood specialists were held, two in the Russian Federation and one in Ukraine. These enabled over 150 specialists to be familiarised with the approach based on the fundamental rights of children in any situation in which they may find themselves, particularly in risky situations such as homelessness (street children) or in the period following armed conflict (children of Chechnya).

    The aim therefore has been achieved. There will be further developments in the years ahead, particularly in the light of new publications due in 2004 on children's rights, and more specifically texts on the specific rights of children living in institutions. The changes which these texts will bring will have to be monitored over the longer term and will concern not only national legislation or regulations or the internal regulations of the residential institutions, but also the skills of each individual specialist.

    Project - Effective access to basic social rights for immigrants

    · To look into issues affecting human dignity, including those relating to the effective enjoyment of minimum rights by persons in need

    A study has been launched by a consultant, and a meeting of an independent group of experts has been held to assess the feasibility of a project of this kind within the Council of Europe.

    Programme: Equality and non-discrimination, in particular concerning minorities

    Project – Protecting and promoting the rights of persons belonging to national minorities

    · To provide an overview of the most important non-discrimination and equality issues that can be tackled in 9 countries in South Eastern Europe under the Stability Pact

    Eight reviews were successfully completed under the project, covering Albania, Hungary, Moldova, Romania, Serbia and Montenegro, “the former Yugoslav Republic of Macedonia”, Ukraine and also UNMIK-Kosovo. The 9th review, which did not take place, was for Croatia, where problems linked to the setting up of a review group could not be solved in time to carry out the project. The reports prepared by the groups covered the legislative framework and special measures adopted in the country or region to combat discrimination and promote full and effective equality. Groups also focussed on a number of selected areas. The subjects that dominated the reviews included the situation of Roma communities and equal access to education by national minorities. A number of projects were carried out in order to start tackling some of the problems and issues raised: a project in Romania to improve the quality of education of Roma children wrongly placed in special schools, a project in Moldova to develop language teaching in a multicultural society, research projects on particular minorities in particular countries (for example Bulgarian and Hungarian minorities in Moldova, Roma and other minorities in Albania). A number of seminars were organised to present the findings of the non-discrimination review in Moldova, Romania, Ukraine, Serbia and Montenegro and UNMIK-Kosovo.

    Lack of financing for staff at the outset of the process delayed the implementation of the review, notwithstanding a generous voluntary contribution from the Swiss.

    The Non-Discrimination Review project will be completed by the beginning of 2004 and will not continue into 2005. The results of the review will feed into monitoring processes such as under the Framework Convention and also the monitoring carried out by ECRI. Follow-up to the results, to the extent that resources are available, will need to be carried out in the context of different co-operation activities organised in the human rights field.

    · To raise awareness of the Framework Convention for the Protection of National Minorities

    Alongside the activities linked to the follow-up to the results of the monitoring that took place in six countries (Armenia, Czech Republic, Germany, Moldova, Slovakia and Ukraine), a number of other awareness raising activities linked to the Framework Convention took place in Croatia, Romania, the Russian Federation and in UNMIK-Kosovo. In addition, specific training took place for NGOs and minority representatives, co-organised with Minority Rights Group, enabling participants to develop advocacy strategies and provide input into the Framework Convention monitoring process.

    Awareness raising on the Framework Convention was further enhanced by the publication of a brochure translated into 17 languages, disseminated widely and used systematically in all activities relating to the Framework Convention. The pinnacle of the awareness raising activities in 2003 was a conference, in Strasbourg, to mark the 5th anniversary of the entry into force of the Framework Convention. This brought together 300 participants from governmental and non-governmental circles and provided a focal point for cementing the results of the Framework Convention and launching the second monitoring cycle that is to begin in February 2004. The media coverage of the Conference contributed to the impact of this event and included a report of the Conference by EURONEWS broadcast for a week in 7 different languages.

    Activities planned in a number of countries (notably in the South Caucasus) did not progress as planned, in part because of the tense political situation in certain countries, but also because of the lack of human resources in the Secretariat.

    The rewards of a more proactive approach to awareness raising were seen in 2003. That said, there is scope for a much wider range of activities should human and financial resources be available. A reduction of human and financial resources in 2004 will adversely affect awareness raising activities and therefore their potential impact .

    Programme: Freedom of expression and information

    Project – Standard-setting and policy assistance on topical issues concerning the media

    · To provide assistance to member states on the balance to be struck between freedom of expression and information and the right to privacy

    When examining the draft Declaration of the Committee of Ministers on the measures which should be taken by the public authorities and the media at its 60th meeting (November 2003), the CDMM decided to bring to an end its work on this text, on the grounds that the latter did not add anything new which might be of use to the member states and that, furthermore, it was not advisable, since its approach was too hostile towards the media. Therefore, the results hoped for could not be reached.

    · To guarantee and promote the contribution by the electronic media to democracy and social cohesion

    The work undertaken in 2002 on the democratic and social impact of digital broadcasting led to the adoption by the Committee of Ministers on 28 May 2003 of a Recommendation addressed to the governments of member states defining the measures which should be taken in order to promote the democratic and social contribution of digital broadcasting.

    As concerns the work undertaken in 2003 on the public's right to information where exclusive rights on short reporting on major events have been acquired by the media, it was not possible to complete it before the end of 2003, given the complexity and sensitiveness of this question, in particular as regards the financial interests at stake for the media. However, it is hoped that this work can be finalised by the end of 2004 (it should take the form of a Recommendation by the Committee of Ministers to the governments of member states).

    · To guarantee freedom of expression and information in the context of the fight against terrorism

    It was not possible to complete before the end of 2003 the work undertaken with a view to the elaboration of a Declaration by the Committee of Ministers setting out for the attention of the governments of the member states the measures which they should take or refrain from taking in order to guarantee the media's right to report on questions concerning terrorism, given the numerous comments and proposals for amendments to this draft submitted by different delegations at the meetings of the CDMM in May and November 2003. These comments and proposals having since been largely taken into account and reflected in the draft, it is hoped that the text could be adopted by the Committee of Ministers during 2004.

    Project – Legislative assistance, training, awareness raising

    · To ensure the implementation in member states of a regulatory framework for the media which complies with the relevant Council of Europe standards and instruments in the media field

    Over 20 legislative expertises of draft media laws were carried out in 2003 in different member states (draft laws on the press, radio and television, access to information and the rights and responsibilities of journalists).

    Impact of the legislative expertises:

    Draft laws revised along the lines of the recommendations by the Council of Europe experts: Armenian law on the media, amendments to the Moldovan law on public radio-television, draft Laws on broadcasting in Ukraine.

    Draft laws withdrawn when Council of Europe experts considered them to be inappropriate as regards the Organisation's standards: Moldovan draft law on the press and draft new broadcasting law in Bulgaria.

    Some fundamental remarks by the Council of Europe experts were not taken into account: draft broadcasting law in Croatia.

    The authorities of the following country have still not adopted the texts which had been submitted to the Council of Europe after the texts were brought into line with Organisation's standards: draft broadcasting law in Georgia.

    No significant progress has been made on some texts, despite repeated expertises: draft law on access to information in Serbia (Serbia and Montenegro).

    Finally, the authorities of some countries did not submit as foreseen draft laws for the Council of Europe to expertise, despite the promises that they had made and the commitments that had sometimes been taken in this sense: latest version of the draft law on public television and draft law on public information in Azerbaijan and latest version of the draft amendments to the law on radio-television in Armenia.

    Furthermore, several information and awareness-raising activities for official circles in member states benefiting from the Council of Europe's assistance programmes were organised in 2003, in order to promote awareness and the application of the Council of Europe standards in the field of freedom of expression and the media. A total of 440 judges (130 in Ukraine, 210 in Serbia-Montenegro, 45 in Moldova and 55 in Georgia) benefited from these activities, as well as 70 lawyers (45 in Ukraine and 25 in Moldova) and 70 civil servants (50 in Ukraine and 20 in Serbia).

    · To raise awareness among media professionals about their rights and responsibilities in a democratic society

    Given the limited budgetary resources available, few awareness-raising activities of this nature were organised in 2003. The few that were organised were targeted to topical questions of particular importance in some countries (for example, seminars on media and the coverage of elections, investigative journalism and the media and interethnic relations were organised in Georgia, seminars on the relationship between the media and administrations, media and elections and television news coverage took place in the Russian Federation and, finally, a seminar on regulation and self-regulation by the media was organised in Turkey).

    Project – Transfrontier Television

    · To ensure the free circulation of television services at the pan-European level

    Within the framework of the implementation of the provisions of the European Convention on Transfrontier Television, the Standing Committee in charge of supervising the implementation of the Convention received only one request for opinion in 2003, which concerned the compatibility with regard to the rules of the Convention on the retransmission of pornographic programmes. The Committee has not yet reached an agreement on the advisability or the content of such an opinion on this question, given the differences of approach between the States Parties to the Convention as concerns the regulation of pornographic programmes.

    Moreover, in 2003, besides Slovenia, no Party to the Convention submitted a list of events to which the public should have access through free-to-air television. Several reasons can explain this: some Parties do not intend to adopt such a list (it is not an obligation under the Convention), others do not consider it advisable to have their list endorsed by the Standing Committee, while others are still drawing up such a list. As regards the list submitted by Slovenia, this will be examined by the Standing Committee in 2004, upon receipt of the information requested from the Slovenian authorities.

    It is to be noted that 3 new States became Parties to the Convention in 2003 (Czech Republic, Moldova and “the former Yugoslav Republic of Macedonia”), bringing to 28 the number of States Parties to the Convention.

    Line of Action 3
    Building a society based on the Rule of Law

    Programme: Democratic responses to terrorism

    Project – A legal framework for the fight against terrorism

    · Improving the effectiveness of existing conventions through further signatures and ratifications and through the re-examination of reservations

    Apart from the new Amending Protocol to the European Convention on the Suppression of Terrorism opened for signature in May 2003 (see below), the number of signatures and ratifications of other relevant Conventions increased significantly during 2003.

    The European Convention on the Suppression of Terrorism (ETS 90) has been signed by 2 new states and ratified by 3. It has now been signed by all 45 member states, and ratified by 41.

    The European Convention on Extradition (ETS 24) has been ratified by 1 more state.

    The European Convention on Mutual Assistance in Criminal Matters (ETS 30) has been ratified by 1 more state. Its first Additional Protocol (ETS 99) has been ratified by 3 more states.

    The European Convention on the Compensation of Victims of Violent Crimes (ETS 116) has been signed by 2 more states.

    The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS 141) has been signed by 1 more state and ratified by 3 more states.

    · Preparing a draft Protocol amending/supplementing the European Convention on Suppression of Terrorism and possibly opening it up to non member states (in line with the Committee of Ministers' request, 110th session)

    The Amending Protocol (ETS 190) to the European Convention on Suppression of Terrorism (ETS 90) was adopted by the Committee of Ministers and opened for signature by Council of Europe member and observer States on 15 May 2003. The Committee of Ministers may decide, on a case-by-case basis, to invite other States to join the Convention as well. During 2003 it was signed by 37 States and ratified by one.

    · Studying the possibilities of setting up a specific follow-up mechanism on the Council of Europe's action in the fight against terrorism (in line with the Committee of Ministers' request, 110th session)

    Following the proposal contained in the GMT's final report, the Committee of Ministers at Deputies' level adopted Specific Terms of Reference for a new Committee of Experts on Terrorism (CODEXTER). The first meeting of the CODEXTER was held in Strasbourg in October 2003.

    · Submitting proposals to the Committee of Ministers on the implementation of the domains requiring further Council of Europe action - as identified in the GMT's progress report

    An expert report on the concepts of “apologie du terrorisme” and “incitement to terrorism” is under preparation. Two Committees of Experts, on special investigation techniques (PC-TI) and protection of witnesses and collaborators of justice (PC-PW) in relation to acts of terrorism, were created by the Committee of Ministers with the task of examining the feasibility of creating new legal instruments in these fields.

    Other possible areas for further action were identified at the 25th Conference of the European Ministers of Justice (Sofia, 9-10 October 2003) and were endorsed by the CODEXTER, namely: the compensation of victims of violent crimes, including terrorism; the effectiveness of national judicial systems in their responses to terrorism; and the creation of a European register of national and international standards, starting with the fight against terrorism. The CODEXTER is considering the feasibility and the added value of a comprehensive European Convention against terrorism which could be elaborated within the Council of Europe and would contribute significantly to the UN efforts in this field. To this end, an independent scientific study was commissioned.

    · Developing new forms of mutual assistance in criminal matters in co-operation with the United Nations and the European Union

    The Committee of Experts on the Operation of European Conventions in the Penal Field (PC-OC) is considering new or reinforced forms of mutual assistance in criminal matters in relation to terrorism. Moreover, the Council of Europe is engaged in facilitating the implementation of UN Security Council Resolution 1373(2001) and it has strengthened its working relationship with other international organisations active in this field (EU, OSCE, UN), inter alia by attending 9 meetings aimed at reinforcing co-operation in the improvement of counter-terrorism capacity.

    · Reinforcing action to deprive international terrorism of its funding, notably through anti-money laundering measures and the seizure of terrorist assets

    The Select Committee of Experts on the Evaluation of Anti-Money Laundering Measures' (MONEYVAL) analysis of its member states' compliance with the Financial Action Task Force (FATF) special recommendations on terrorist financing is ongoing. The MONEYVAL's terms of reference have been extended to December 2007 to undertake a further round of mutual evaluations of all its member states on both money laundering and terrorist financing issues. Further to that, a new Committee of Experts (PC-RM) has been set up in 2003 with the mandate of drawing up an additional protocol to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141) and of reporting to the European Committee on Crime Problems (CDPC) on the feasibility of including provisions on the funding of terrorism in the draft additional protocol. The first meeting of this new Committee was held in December 2003.

    · In the context of terrorism, to assist States in resolving legal or practical problems in the field of identity or identity documents

    The Group of Specialists on identity and terrorism (CJ-S-ID) submitted a report to the European Committee on Legal Co-operation (CDCJ), containing recommendations on ways of improving the identification of individuals in the context of the fight against terrorism and identifying the main possible areas of action. Pursuant to that, the Committee of Ministers adopted specific terms of reference for a new Group of Specialists on identity documents and terrorism (CJ-S-IT) to prepare provisions to be included in an international instrument to contribute to and strengthen the Council of Europe and its member states' action against terrorism, especially focusing on the matters indicated by the CJ-S-ID. The first meeting of the CJ-S-IT was held in December 2003.

    Programme: European standards for crime control

    Project – Effective measures to fight economic crime

    · Contributing to the prevention and control of organised crime, corruption and money laundering

    For activities concerning anti-money laundering measures (MONEYVAL) see Line of Action 1.

    As regards the fight against corruption, GRECO agreed on its Compliance Procedure, discussed and adopted new methodology for drafting second evaluation reports and revised its Rules of Procedure accordingly.

    GRECO also concluded the First Evaluation Round (all first round evaluation reports have been adopted - and made public - except for the USA report which will be examined in March 2004). Moreover, GRECO examined and adopted First Round Compliance Reports on: Slovenia, Slovak Republic, Belgium, Estonia, Finland, United Kingdom, Luxembourg, Spain, Iceland, France, Cyprus, Georgia and Ireland.

    GRECO approved the Handbook for Second Evaluation Round Evaluators containing, in particular, a vademecum and check list of issues to be raised and questions to be asked during the evaluations. GRECO started its Second Evaluation Round.

    · Technical cooperation to strengthen capacities of member states against economic crime in Europe

    Countries which benefited from support against money laundering - in particular the Russian Federation and Ukraine - made great progress towards meeting European and other international standards in this field.

    Technical cooperation activities in central and eastern Europe contributed to the increase in ratifications of Council of Europe conventions in the criminal field. Similarly, many of them have now joined GRECO. Many countries in Central and Eastern Europe, and in particular in South-East Europe, made use of the advice and support provided in that they elaborated comprehensive anti-corruption plans and established specialised anti-corruption services. Countries in South-eastern Europe made considerable progress in the improvement of their criminal legislation against trafficking in human beings.

    New substantial projects for South-East Europe are underway: one on police and organised crime and another on corruption.

    A best practice study regarding training for the prevention of corruption in public administration training institutions has been prepared.

    Technical co-operation by country:

    Albania : Training events at the School of Magistrates.

    Montenegro: Workshops on trafficking in human beings and criminal law reform.

    Georgia: Establishing a monitoring mechanism on the financing of political parties and electoral campaigns – the activities in this area met the needs of Georgia at a crucial time. Other activities include an opinion on the draft law on the prevention of money laundering, a regional conference on money laundering and a seminar on immunities and the fight against corruption.

    Russian Federation: Information and awareness raising on corruption within the criminal justice system, study visit to Italy for Russian experts on trafficking in human beings.

    Romania: Capacity building through study visits to France and Italy for anti-corruption prosecutors from Romania.

    “the former Yugoslav Republic of Macedonia”: Needs assessment mission to Skopje, followed by opinions on the draft money laundering law.

    Ukraine: Information and awareness raising seminars on media and corruption, anti-corruption conventions and accession to GRECO, the role of the prosecution in the fight against corruption and organised crime, and the prevention of corruption in the judiciary; implementation of anti-corruption legislation, study visit to Italy for Ukrainian experts on trafficking in human beings.

    In addition, the following projects were implemented with funding from voluntary contributions:

    The LARA project on criminal law reform related to trafficking in human beings in South-East Europe was completed, including 3 regional workshops and several in-country activities.

    The PACO Networking project in 2003 included the completion of the cooperation manual and one regional meeting on witness protection in Sarajevo, Bosnia and Herzegovina for 100 participants.

    The PACO SIMS project on special investigative means was completed in 2003, including workshops in Albania, Serbia, Montenegro, “the former Yugoslav Republic of Macedonia” and Romania.

    The implementation of the PACO Albania project on corruption continued, including a range of training events, advice and legal opinions. The project will end in February 2004.

    Advice and opinions were provided on the strategies against corruption in Kosovo/UNMIK and “the former Yugoslav Republic of Macedonia”, and the strategy against organised crime of Montenegro.

    4 training seminars on organised crime were held under the PACO Serbia project.

    Projects against money laundering were launched in the Russian Federation and Ukraine.

    Regarding the activities of the PC-S-CO on organised crime (to be incorporated into the Octopus Programme from 2004), Best Practice Surveys were finalised on transborder cooperation, effectiveness of provisions on membership in criminal organisations, preventive legal measures against organised crime and cooperation against trafficking in human beings. A PC-S-CO meeting was held and a draft report on the organised crime situation in 2002 was completed

    · To facilitate and follow up the process of signature, ratification and implementation of the conventions of corruption, cybercrime (including its additional protocol) and anti-money laundering

    As regards the fight against corruption, the Criminal Law Convention on Corruption (ETS 173) has been so far signed by 22 States and ratified by 24 States and the Civil Law Convention on Corruption (ETS 174) has been so far signed by 18 States and ratified by 17 States. Both treaties are in force.

    As regards the fight against cybercrime, numerous activities have been undertaken to promote signatures and ratifications of the Convention on cybercrime (ETS 185) and its Additional Protocol (ETS 189) in Europe and beyond. So far, 33 States have signed the Cybercrime Convention and 4 States have ratified it. One more ratification is needed for the Convention to enter into force. 20 States have signed its Additional Protocol.

    As regards the fight against money laundering, the Committee of Ministers adopted terms of reference for the Committee of Experts on the revision of the Convention on laundering, search, seizure and confiscation of the proceeds from crime (PC-RM). In 2003 this Committee started its work on the preparation of a draft Protocol to revise the 1990 Anti-Money Laundering Convention and it is expected to be completed by the beginning of 2005.

    Project – Criminal law and policy development, police, prison systems and alternatives to imprisonment

    · Update Recommendation No. R (87) 3 on the European Prison Rules that guide States' legislation and practice concerning prisons

    The mandate given to the Council for Penological Cooperation (PC-CP) in connection with the updating of Recommendation No. R (87) 3 on the European Prison Rules expires in 2005. Work on updating the Recommendation started early in 2003 and significant progress has been made. Member states and key IGOs and NGOs have been consulted and the experts have produced a detailed report on the structure of the new European Prison Rules.

    · Adopt a recommendation on how to manage life-sentenced prisoners and other long-term prisoners

    The committee of experts on the management of life-sentenced and other long-term prisoners (PC-LT) produced a draft recommendation and a draft explanatory report, which were examined by the European Committee on Crime Problems (CDPC) at its June 2003 plenary session. They were adopted by the Committee of Ministers on 9 October 2003.

    · Adopt a recommendation addressing the implications of pre-trial detention for the management of penal institutions

    The mandate given to the committee of experts on remand in custody and its implications for the management of penal institutions (PC-DP) expires in 2004. In 2003, the committee agreed on a set of draft provisions to replace most of the provisions in Recommendation R (80) 11 concerning custody pending trial (broadly corresponding to point a in its terms of reference).

    · Provide assistance to a number of countries that are reforming their prison systems

    22 seminars/training sessions and 21 study visits were organised to support prison reform in Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Moldova, Romania, the Russian Federation, Serbia and Montenegro, Turkey and Ukraine. Council of Europe experts conducted fact-finding missions in Azerbaijan and Ukraine to reassess the needs of the respective prison systems. Their detailed reports were presented at high-level conferences organised in the countries concerned. Another fact-finding mission was conducted to assess the provision of health care in the prisons of Bosnia and Herzegovina. Council of Europe experts reviewed prison-related legislation in Armenia, Serbia and Montenegro, Turkey and Ukraine. The Steering Groups for Prison Reform held their regular meetings concerning Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Moldova, the Russian Federation, Serbia and Ukraine.

    · Collect statistics on the prison population and non-custodial sanctions and measures in all member states, with a view to facilitating the follow-up of the impact of the relevant Council of Europe recommendations and providing national policy makers with comparative figures that will allow them to take better-informed decisions

    The statistics in question were collected and distributed to member states and figure in the annual reports of various international bodies and many member states' government departments. SPACE I, the statistics on prison population, included data on all member states for the first time. The presentation of both sets of statistics was improved. The Penological Information Bulletin is ready for publication.

    · Provide technical assistance to the Russian Federation in order to fight TB in its prisons

    Two study visits were organised in this connection. The Russian authorities have requested further assistance in this field.

    · Adopt a recommendation that will reconsider the possible responses to juvenile delinquency and the juvenile justice system

    The Committee of Experts on New Ways of Dealing with Juvenile Delinquency and the Role of Juvenile Justice (PC-JU) adopted a draft recommendation and a draft explanatory memorandum, which were examined by the European Committee on Crime Problems (CDPC) at its June 2003 plenary session. They were adopted by the Committee of Ministers on 26 September 2003.

    · Adopt a set of proposals on how to assess the implementation of recommendations adopted by the Committee of Ministers in the area of crime prevention, crime policy and criminology, starting with Recommendation No. R (99) 19 concerning mediation in penal matters

    The Criminological Scientific Council presented a set of such proposals to the European Committee on Crime Problems (CDPC) at its June 2003 plenary session. On the basis of these proposals, the CDPC decided to review, at its plenary session in 2004, the implementation of Recommendation
    No. R (99) 19 concerning mediation in penal matters and Recommendation No. R (99) 22 on prison overcrowding and prison population inflation.

    · Publish a collection of promising examples of recent legislative reforms and new practice in European criminal justice systems, with a view to diffusing this information among policy makers

    Objective achieved. All chapters on the promising examples have been submitted and the collection will be published in 2004.

    · Provide technical assistance to certain countries for developing policies vis-à-vis juvenile delinquency and juvenile justice systems

    A regional meeting for officials from Southern-Eastern European countries was held in Sozopol to examine new trends and best practices in dealing with juvenile delinquency. The Steering Group on the Prevention of Juvenile Delinquency in the Russian Federation continued its work. Training activities were also organised in Bulgaria on early prevention and social and educational measures to deal with juvenile delinquency.

    · Provide technical assistance to certain countries for the prevention of urban insecurity

    The Urban Insecurity Project in the Russian Federation was concluded with a study visit to the United Kingdom.

    · Organise a conference on crime perception

    This objective was achieved. The 22nd Criminological Research Conference on “Opinions, Attitudes and Images of Crime and its Control” was held in Strasbourg on 24-26 November 2003.

    Programme : Functioning and efficiency of justice

    Project – Access to justice, independence of the judiciary, Alternative Dispute Resolution (ADR), IT and law

    · To improve the independence, the functioning and the efficiency of justice by setting up fair, efficient and accessible justice systems, while taking into account the specific needs of each jurisdiction, to strengthen the Rule of Law on which European democracies rest

    a. Implementation of action plans and programmes for reforms of judicial systems

    Ukraine: Written comments and recommendations submitted on the law on the judicial system and the law on the status of judges.

    Armenia: Expert comments submitted on the law on the status of judges, the law on the Council of Justice and the law on the reform of the judicial system of Armenia.

    Bosnia and Herzegovina: Expert comments submitted on the draft law on the High Judicial and Prosecutorial Council (HJPC) which has since resulted in the revision of the current draft concerning inter alia the composition of the HJPC and the independence of judges.

    b. Cooperation for the development of legal aid systems

    Written assessment reports on the provision of state funded legal aid were prepared by the Council of Europe experts and transmitted to the authorities of Moldova and Ukraine.

    Council of Europe experts produced an assessment report of the Legal Aid Project financed and operated by the European Commission in Kosovo/UNMIK, which also contains recommendations for further measures and steps to be taken in order to improve the administration of the existing free legal aid system in Kosovo/UNMIK.

    There was a certain lack of motivation from a few states to effectively continue co-operation in this area. However, this lack of motivation was mostly due to financial difficulties in these states and only partly due to insufficient determination.

    c. Co-operation between the Council of Europe and the European Commission in the field of transmission of legal aid.

    A similar transmission form for legal aid abroad was adopted by the Council of Europe (Recommendation Rec(2003)18) and the EU (Council Directive 2002/8/EC) to be used for the European Agreement on the Transmission of Applications for Legal Aid (ETS No. 092) and its Additional Protocol (ETS No. 179) and under the Council Directive to improve access to justice in cross-border disputes by providing minimum common rules relating to legal aid for such disputes.

    By the end of 2004 it is envisaged to adopt a similar application form for legal aid abroad to be used both under ETS 092 and the Council Directive 2002/8/EC, subject to approval of the Multilateral Committee on the European Agreement on the Transmission of Applications for Legal Aid (T-TA, next meeting in April 2004) and the European Committee on Legal Co-operation (CDCJ, plenary meeting on 11-14 May 2004).

    d. Enforcement of court decisions in civil and commercial cases

    Recommendation (2003)17 of the Committee of Ministers to member states on enforcement was adopted by the Committee of Ministers on 9 September 2003 at the 851st meeting of the Ministers' Deputies.

    Council of Europe experts and Bulgarian Ministry officials met to discuss the possibility of setting up and developing a European Enforcement Training Centre for enforcement agents (i.e. bailiffs) (Palais de l'Europe, 16-17 June 2003).

    Action Plans were adopted for the Russian Federation and Albania which map out priorities for future co-operation. Moreover, assessment reports were submitted to Albania, Bulgaria and Croatia, on enforcement practices and procedures that include tailor-made recommendations. There was also detailed examination and re-development of Laws on enforcement procedure for Georgia and Serbia and Montenegro. Recommendations were also submitted to Moldova and an assessment report on Moldovan enforcement procedures and practices is currently being drafted.

    e. IT and law

    The Recommendations Rec(2003)14 on the interoperability of information systems in the justice sector, and Rec(2003)15 on archiving of electronic documents in the legal sector were adopted by the Committee of Ministers.

    The Multilateral Conference on Internet Strategies and E-Justice in Europe, held in co-operation with the Italian Ministry of Justice under the Italian EU Presidency, resulted inter alia in conclusions which endorsed the platform of the Council of Europe to facilitate discussion and co-operation, and regulation of the Internet, in particular as regards the rights and duties (responsibilities) of Internet users.

    The Multilateral Conference on the Convention on Information and Legal Co-operation concerning “Information Society Services” (ETS 180) resulted in over 10 States expressing an interest in signing and ratifying it. The European Community (acting on behalf of the 15 EU member states) is also expected to sign the Convention in 2004.

    Project – Training of legal professionals

    · Ensure appropriate training for different legal professionals (magistrates, lawyers, enforcement agents, court clerks, notaries, etc)

    a. Magistrates

    Positive results were obtained during the 6th meeting of the Lisbon Network (Bucharest, 18-19 November 2003). The adopted conclusions of the meeting resulted in the following proposals: creation of the Bureau of Lisbon Network able to react more operationally on behalf of the Network, to reinforce its dialogue and to assure necessary follow up; conference to bring together the directors of the magistrates schools of the Lisbon Network, as a technical body responsible for executing the decisions of the Network in particular those concerning judicial training institutes (e.g. an action plan for the setting up of a network for European schools and the creation of a database).

    The EU's European Network of Judicial Training decided in December 2003 to invite the Council of Europe related institution to attend its plenary and working group meetings without having the right to vote.

    The presence of a Council of Europe resident expert in the Albanian Magistrate's School since July 2003 has helped to guide the School's activities in particular as regards its management and training responsibilities.

    A Council of Europe seminar in September 2003 provided considerable momentum to the transformation of the National Training Centre into an Institute for Magistrates in Moldova. The first meeting to discuss the strategic plan and statute for the Judicial and Prosecutorial Training Centre in Bosnia and Herzegovina initiated an activity in this direction.

    b. Lawyers

    Two Council of Europe regional training session for lawyers (South Caucasus and South-East Europe) resulted in the training of about 40 future trainers of lawyers.

    In addition to training, Council of Europe expertise, recommendations and seminars resulted in amendments to existing laws and recommendations concerning statute of lawyers in four member states.

    c. Notaries

    A Council of Europe seminar in June 2003 and following study visit provided considerable momentum to the creation of a private notary profession in Azerbaijan.

    Programme: Law Making

    Project - Public International Law

    · To develop the role of public international law and to approximate States' views

    The CAHDI held two meetings on 17-18 March and 18-19 September 2003 which brought together the Legal Advisers of the Ministries for Foreign Affairs, the President of the International Criminal Court, the Director of Codification of the UN and the Vice-President of the European Court of Human Rights in order to allow for the development of international law relating and the approximation of States' views in areas such as reservations to international treaties (see below), international humanitarian law, immunities of States (see below), codification of international law.

    · To ensure the proper functioning of the European Observatory for reservations to international treaties

    The CAHDI considered outstanding reservations to international treaties concluded both within and outside the Council of Europe. It promoted the formulation of analogous reactions to problematic reservations in line with the Committee of Ministers' Recommendation No. R (1999) 13 on reactions to inadmissible reservations to international treaties.

    The CAHDI also extended the scope of its Observatory to include non-outstanding reservations to international treaties against terrorism, thus contributing to the work of the CODEXTER (see objective Fight against Terrorism).

    · Implementation of the Pilot Project of the Council of Europe on State practice regarding State Immunities

    The CAHDI completed the first phase of this Pilot Project with the compilation of national submissions from 26 States. The CAHDI embarked on the second phase of the Pilot Project including the preparation of an analytical report on the basis of the information gathered by the British Institute of International and Comparative Law, the University of Vienna and the Institute of High International Studies of Geneva. Completion of the Pilot Project is expected in 2004.

    Programme: Individual and the State: a legal framework

    Project – Guidelines and standards in the field of nationality, statelessness, asylum and refugees

    · To promote appropriate practices to enable persons to obtain the nationality (citizenship) of the State or States with which they have the closest genuine and effective links, to fight statelessness and to establish legal certainty and transparency in the implementation of nationality legislation

    Principles and rules on the avoidance of statelessness in relation to state succession were adopted by the CJ-NA and will be included in an additional instrument to Convention 166. Due to the postponement, for budgetary reasons, of the 3rd European Conference on Nationality from 2003 to 2004, the work on the preparation of standards of conditions for the acquisition and loss of nationality has been delayed.

    · To promote effective co-operation among States, organisations and individuals in the field of nationality

    Legislation in the field of nationality was drafted and amended with CoE expertise in Moldova and “the former Yugoslav Republic of Macedonia” and a compatibility study was carried out on the Lithuanian legislation on the basis of Convention 166. Partly as a result of the activities organised in 2003, as well as in previous years, two further states were able to ratify Convention 166 and two were able to sign it.

    · To provide an appropriate forum for member states to decide on a common definition to be given to the notion of “membership of a particular social group” (Article 1 of the 1951 Geneva Convention) and to decide on a common approach to exclusion from refugee status of those who do not deserve international protection, including terrorists (Article 1 F of the 1951 Geneva Convention)

    The CAHAR set up two working parties with the task of preparing a text that would provide guidance to member states in applying the notion of “membership of a particular social group” as well as the exclusion clauses contained in Article 1 F of the 1951 Geneva Convention. Discussions held at the plenary meeting of CAHAR resulted in the decision to forward a draft recommendation on the notion of “membership of a particular social group” to the Committee of Ministers, for adoption. With respect to the work on “exclusion clauses”, activities at the level of the working party have been completed and further discussion will take place at the level of the Committee in 2004.

    · To provide an appropriate forum for members states to exchange views on the impact of recommendations concerning refugees adopted within the Council of Europe

    Bulgaria: The impact of Recommendation No. R (2001) 18 on subsidiary protection and Recommendation No. R (2000) 9 on temporary protection in Bulgarian legislation was thoroughly analysed in the course of a seminar. As a consequence, the Bulgarian authorities have expressed their determination to take full account of both recommendations in the amendments to be made to the legislation on asylum in 2004.

    Moldova: Refugee law was assessed in a seminar in the light of the recommendations concerning refugees.

    Slovak Republic: The implementation of recommendations concerning refugees was assessed, in respect to the detention of asylum seekers and refugees.

    “the former Yugoslav Republic of Macedonia”: The implementation of recommendations concerning refugees was assessed in respect to Persons-at-risk seeking asylum with focus on women and unaccompanied minors.

    In addition, legislative expertise provided with respect to draft legislation on foreigners and refugees in Armenia and in Ukraine paid particular attention to the compatibility of the draft legislation with the recommendations concerning refugees. As a consequence of the expertise provided, both countries have requested the Council of Europe to provide them with further assistance in 2004 before enacting the new legislation.

    · To provide an appropriate forum for member states to exchange views with a view to the adoption of a common stand on issues related to displaced persons and access to social benefits for asylum seekers.

    In 2003, the Committee of Ministers instructed the CAHAR to draft “guidelines of good conduct for expulsion procedures in the light of Parliamentary Assembly Recommendation 1547 (2002) on expulsion procedures in conformity with human rights and enforced with respect for safety and dignity”. As a consequence of this emerging priority – and due to budgetary constraints - the Committee was forced to reconsider its plan of activities and was not able to pursue this objective in 2003. However, with regard to displaced persons, the Committee has initiated its work by establishing a working party.

    Project: Administrative law and administrative justice

    · To elaborate European standards on the execution of administrative and judicial decisions in the field of administrative law, as well as to promote their implementation in member states

    Recommendation Rec(2003)16 on the execution of administrative and judicial decisions in the field of administrative law was finalised by the European Committee on Legal Co-operation (CDCJ) and adopted by the Committee of Ministers.

    · To improve the protection of the individual's interest by increasing the efficiency of the administrative justice system

    The draft recommendation on judicial review of administrative acts was prepared and submitted to the Project Group on Administrative Law (CJ-DA).

    · To ensure the proper implementation by member states of the Council of Europe standards in the field of administrative law and justice

    The legislation on public administration and administrative justice in Bosnia and Herzegovina, Bulgaria, Moldova and the Russian Federation has been reviewed and is currently undergoing reform. An action plan for the awareness campaign on relations between the public and the administration in Albania was prepared and training was dispensed to members of the Civil Service Commission in Armenia.

    The pan-European Conference on the right to good administration produced conclusions containing proposals for future activities of the CJ-DA aimed at strengthening the legal framework of good administration.

    · To promote policy developments in member states on the legal framework for civil society and to encourage further ratifications of European Convention No. ETS 124

    Owing to budgetary constraints, certain activities aimed at promoting Convention No. ETS 124 were not implemented and the Convention was promoted by other means. Fundamental Principles on the status of NGOs in Europe were published in English, French and Russian, translated into seven other languages and posted, in the appropriate languages, on the Council of Europe's Internet site and the sites of the Council of Europe's Information Centres.

    · To ensure the proper implementation by member states of the Council of Europe standards in the field of the legal framework for civil society

    The draft law on NGOs in Azerbaijan was examined and adopted and public servants responsible for registering associations and foundations in Bosnia and Herzegovina received training.

    · To provide assistance and guidance to NGOs in gaining legal personality

    A comparative study, in collaboration with Integrated Project 1, on the legal framework for creating and running NGOs in Europe, was launched with a view to comparing the situation in different countries (laws and practice) from the point of view of their compatibility with the Fundamental Principles on the status of NGOs in Europe, in order to identify any problems and, where necessary, propose appropriate assistance.

    Programme: European standards for relations between individuals

    Project – Civil law, commercial law and property law issues

    Within the co-operation activities, assistance and expertise were provided on amendments of the codes of civil judiciary procedure in Serbia and Montenegro (Montenegro), “the former Yugoslav Republic of Macedonia” and Turkey. The Secretariat started preparatory work on the organisation of the Conference on the 200th Anniversary of the French Civil Code to be held in the Council of Europe in 2004.

    To ensure the legal protection of the surviving child, spouse or other member of the family in the case of succession, the Committee of Experts on Family Law's Working Party on Succession (CJ-FA-GT2) prepared preliminary guidelines on succession and matrimonial property regimes including questionnaires on missing persons, presumption of death and commorientes.

    Project – Protection and promotion of the best interests of children

    To improve the legal status of children and in particular the legal status of adopted children, the Committee of Experts on Family Law's Working Party on Adoption (CJ-FA-GT1) prepared specific proposals for the revision of the European Convention on the Adoption of Children which it agreed to be considered by the CDCJ in 2004.

    To fight sexual exploitation of children, based on an audit on the situation in member states, a report was finalised and has since been followed by the development of an implementation strategy.

    Moreover, a logical framework (LogFrame) tool was prepared in order to monitor the implementation inter alia of: Recommendation Rec(2001)16 on the protection of children against sexual exploitation; Budapest Regional Commitment and Plan of Action; and the above-mentioned implementation strategy.

    To promote greater co-operation between bodies responsible for the protection of children against sexual exploitation, the PC-S-ES Group of Specialists drafted Model Terms of Reference for National Focal Points on the protection of children against sexual exploitation (NFPs).

    Line of Action 4
    Promoting Pluralist Democracy and Good Governance

    Programme: Making democratic institutions work

    Project – Guaranteeing the right of the public to have access to official documents

    · To ensure the domestic implementation of European principles on access to official documents

    Following the adoption of Recommendation (2002) 2 on access to official information, the CDDH was tasked by the CM in 2003 to examine the advisability of drawing up a more binding legal instrument in the field, such as a framework convention with a monitoring mechanism. A group of specialists accordingly initiated work on the subject. In parallel, efforts were made to raise awareness of the Recommendation at national level. The CDDH adopted a vade-mecum to facilitate implementation of the Recommendation by domestic authorities.

    Project – International & external economic links of the subjects of the Russian Federation

    The expected output to train officials in charge of international and external economic links of the Russian Federation was achieved through the implementation of 5 activities. Approximately 300 officials from around 30 subjects of the Federation participated. These activities helped to strengthen effective functioning of a federal state in the field of international relations. This project, which started in 1994, should continue in 2004 and 2005, and beyond, taking into account the ongoing reform of federal relations in the Russian Federation.

    Project – Accountability and responsiveness of democratic institutions

    · Enabling systematic inter-institutional dialogue at and between national, regional and local levels

    Priority has been given to building up the capacity of the Network of Local Authorities' Associations in South-East Europe (NALAS) in order to strengthen dialogue between local and central authorities in the region, rather than, as originally planned, to inter-institutional dialogue on specific issues. The establishment of a close working relationship between the Congress and CDLR in this area is expected to lead to a more systematic co-operation in the future. The development of consolidated guidelines on horizontal and vertical inter-institutional co-operation has been judged premature at this stage.

    The proceedings of the seminar on “Sustainable spatial planning: the reinforcement of inter-sectoral relations” (Budapest, 26-27 March 2003) were published and disseminated. This publication facilitates access to good practice in this field and can serve as a model for the development of horizontal and vertical partnerships in other policy areas.

    The development of a Charter/Convention on regional self-governance has stalled due to the lack of political consensus among member states.

    · Adapting democratic institutions to new socio-economic and technological developments

    The IP1 Secretariat co-ordinated the preparation of a political message by the Committee of Ministers to the World Summit on the Information Society which has been translated into the UN official languages and made available to thousands of PrepCom and Summit participants. Parts of the political message found their way to the Declaration and Action Plan adopted at the Summit. The process of drafting the CM Political Message was an example of very successful inter-departmental co-operation. Moreover, the Political Message is not only a message to WSIS, but also one that gives guidance to the entire Council of Europe as to the priorities of its future work on issues related to the Information Society.

    Analytical summaries of the Council of Europe's work related to the Information Society and to media were published and widely disseminated. These ISBN publications also sell at a significant rate.

    IP1 contributed to enriching the Council of Europe's cultural policies database with a monitoring function and a good practice module – features which should facilitate policy development and evaluation. This pilot initiative is replicable in other policy areas.

    · Adherence of democratic institutions and public officials to defined legal and ethical standards

    Guidelines for the financing of political parties and election campaigns have been published and are already in high demand. As a result of a seminar, organised by IP1, a monitoring process of campaign financing has been initiated in Georgia and similar initiatives are planned for 2004 in other countries.

    Consultations have been held in 17 member states on the draft Handbook of good practice in the field of public ethics at local level. The document, which is widely considered as a very useful tool, has inspired legal reform initiatives, as well as training and publication activities in member states.

    The preparatory process of the forum on solidarity and the promotion of a social economy, which will address the role of the state as a facilitator and regulator of ethical economy initiatives, has been supported by IP1 during the reporting period, and will take place in 2004.

    · Setting standards in the field of e-governance

    Following a series of sectoral and transversal meetings held in Tallinn and Strasbourg, draft Guidelines on e-governance have been prepared with contributions by several sectors/Steering Committees. Relevant Steering committees, the CLRAE and specialised NGOs have been consulted on the draft and the Ministers' Deputies are expected to approve a procedure for the drafting of a CM Recommendation on e-governance in 2004.

    Several sectors have provided input to IP1's work on e-governance, such as Recommendation Rec(2003)9 on measures to promote the democratic and social contribution of digital broadcasting and a draft position paper on the role of the media in promoting democracy and participation in the information society.

    The prototype of an online interactive inventory in participatory and democratic governance, developed by New York Law School, has become operational in 2003, thanks to seed money from IP1 given in 2002. It will serve, inter alia, as a means to promote, world-wide, Council of Europe standards and experience in the field of democracy building and consolidation.

    · Developing policies on citizens' access to information

    A successful seminar in 2002 gave fresh impetus to the drafting of a binding instrument on access to official documents. In 2003, national legislation has been reviewed and the feasibility of drafting a binding instrument has been examined. A Handbook on access to official documents, based on the principles of Recommendation Rec(2002)2, has been prepared and will be disseminated in 2004.

    Project – Participation

    · Developing fora for participation of specific population groups in democratic institutions and processes at all levels of governance

    A manual on local level consultative bodies of foreign residents proposes a set of guiding principles for the attention of multi-cultural towns across Europe. A network of such cities has been set up to enable exchange of experience in the field of integration and participation of foreigners.

    A study on the application of the provisions related to minority participation of the Framework Convention on National Minorities has produced recommendations for the attention of monitoring bodies and member states. This study was an important contribution to the Fifth Anniversary Conference of the Framework Convention.

    Work has started, in a multi-committee framework, on the preparation of a CM Recommendation on specific policies to promote the participation of young people from minority backgrounds.

    Further to multi-sectoral preparatory work in 2002 and 2003, the Revised European Charter on the participation of young people in local and regional life has been adopted by CLRAE and will be published, together with a compendium of good practice. In 2004, the Ministers' Deputies are expected to endorse the Charter through a Recommendation.

    The Charter's practical implications for strengthening youth participation in democratic governance have been debated at the symposium “Young people and democratic institutions: from disillusionment to participation” (Strasbourg, 27-28 November 2003), whose conclusions should facilitate the development of a transversal agenda on youth participation at CoE level.

    Two new pilot projects have been launched in Serbia and Montenegro and Bosnia and Herzegovina with IP1 assistance, in order to foster confidence between local authorities and citizens and promote inter-cultural dialogue.

    · Enhancing the role of civil society in political decision-making at all levels of governance

    A conference on NGOs and local and regional democracy (Budapest, 28 February-1 March 2003), and a seminar on Good governance of sport NGOs (Strasbourg, 6-7 May 2003) furthered the debate which started in 2002 at the “Citizens' Forum: NGOs – key players in democratic governance” and provided important input to the future work of several sectors and NGO groupings.

    IP1 has contributed to the preparation of a Handbook of good practice on the application of Article 5 of the European Landscape Convention, which concerns the participation of citizens, local and regional authorities, and other stakeholders, in the definition and implementation of landscape policies, and the development of an integrated approach to landscape planning.

    Preparatory work for setting up a database of INGOs enjoying participatory status with the Council of Europe has been carried out. Due to technical difficulties the software development has been delayed, but the database is expected to be finalised in 2004.

    A survey on compliance of member states' legislation with the fundamental principles on the status of non-governmental organisations in Europe has been carried out and its conclusions will contribute to the on-going discussion on the advisability of drafting a legal instrument in this area.

    · Raising awareness of European standards and policy guidelines related to the balanced participation of women and men in democratic decision making

    In order to encourage comprehensive action at Council of Europe level on the participation of young women in politics, IP1 organised an interdisciplinary seminar on 16-17 September 2003 with the involvement of DGII/Equality, DG IV/Youth, DGAP/NGO, PACE and CLRAE. The seminar assessed the effectiveness of existing legal instruments and programmes with regard to young women's participation and identified gaps which may require future action. A number of follow-up activities have been planned by the various partner sectors.

    An analytical summary of Council of Europe instruments and key policy texts in the field of gender equality in politics has been prepared and is currently being published with a view to presenting an overview of the Organisation's standards, in an accessible way, to civil society and other stakeholders.

    Seminars took place in several member states on balanced participation of women and men in political and public decision-making. The seminars adopted a list of recommendations including, in particular, legislative changes allowing for positive action and measures to encourage greater participation of women from ethnic and cultural minorities in decision-making at all levels.

    · Learning to participate: assessing the development of policies for citizenship education, IT literacy and democratic school governance

    An overview of policies on education for democratic citizenship (EDC) and their implementation mechanisms, a practical guide for parents and educators on ways of involving children in decision making, an on-line manual on internet literacy and e-citizenship have been developed for the attention of educators and policy-makers and will result in the preparation of a comprehensive policy options framework for EDC.

    Together with IP2 and partner sectors, IP1 has identified democratic school governance as one of the “emerging themes” where the Council of Europe could seek to develop standards and otherwise assist member states and educational institutions in establishing mechanisms for pupils'/students' participation in decision making. Work has started on the preparation of a School Charter for a democratic school without violence, which is expected to be adopted by schools across Europe in 2004.

    Project - Democratic representation

    · Raising awareness of the Code of good practice in electoral matters

    With IP1 assistance, the Code of good practice in electoral matters was translated into several non-official languages and was disseminated, with the help of the Venice Commission. IP1 also contributed to the discussion at Committee of Ministers level on whether or not a legally binding instrument should be prepared in this field. IP1 has also produced an information leaflet for voters concerning their rights and obligations with regard to elections, which was used, for the first time, for the parliamentary elections in Georgia in November 2003.

    The development of a database on electoral legislation has been delayed for technical reasons.

    · Electoral authorities understand the need to guarantee electoral rights for all

    Some of the activities originally planned have not taken place for reasons related to partner organisations in member states. The activities carried out under the objective on balanced participation have also dealt with women's electoral rights, and particularly with the issue of family voting.

    The electoral rights of minorities and foreign residents have been tackled in a study on participation of citizens with minority backgrounds, as well as at the Stuttgart conference on foreigners' integration and participation in European cities.

    · A training tool on campaign journalism

    IP1 has been working on the development of model courses for students of journalism, acting journalists and editors in the print media, which should be finalised in 2004. The delay has been caused by a lack of resources. Pilot courses are likely to take place in March 2004 (Journalism Training Institute, Tilburg/Netherlands), and in a member state where elections will be held in 2004.

    Preparatory work was undertaken for an on-line version of the course for journalists, which will be developed in 2004 to introduce it to a wider audience and increase the visibility of the Council of Europe's efforts in this field. Activities run within the framework of DGII/Media Division's assistance programme are also likely to make use of this on-line resource.

    · Setting standards in the area of e-voting

    Good progress was made in preparing a recommendation on e-voting. A multidisciplinary Ad Hoc Group of Specialists on legal, operational and technical standards for e-enabled voting and two sub-groups were set up and met several times. A draft recommendation is expected to be submitted to the Ministers' Deputies in the second half of 2004. The Council of Europe is widely perceived as a pathfinder in this novel and controversial field.

    Project – Integrated management and service provision

    · Taking stock of past and ongoing CoE activities and making results available by appropriate means. Acting as a clearing house for CoE sectors in assistance to transversal programme, policy and project development

    A comprehensive list of key Council of Europe texts related to the functioning of democratic institutions has been prepared and will be made available online in early 2004. Analytical summaries of several Council of Europe sectors have been produced and are being systematically disseminated. Preparatory work has been initiated for a comprehensive analytical document on the CoE's acquis in the field of democracy, which will be published in 2004.

    IP1 has facilitated the development of a range of cross-sectoral partnerships and initiatives which are expected to continue after the end of the project: participation of children, internet literacy, politics of cyber content, participation of young women, participation of young people of minority backgrounds, financing of political parties and election campaigns, e-governance, etc.

    · Identifying and implementing jointly with all partners activities to include in the IP programme and identifying the respective responsibilities of each partner

    Virtually all activities within this programme are multi-sectoral. Some of the activities have benefited from the very active and committed participation of a range of sectors: financing of political parties and election campaigns, e-governance, participation of young women in political life, symposium on youth participation, etc. The Project Steering Board endorsed the activity programmes and took stock of activity reports.

    · Setting up flexible mechanisms to boost sharing of knowledge between CoE sectors and committees

    Thematic transversal intra-secretariat meetings have been organised on a regular basis for the exchange of information and preparation and steering of activities. IP1 has systematically reported to partner committees. In 2002-2003, the IP1 Secretariat has organised or attended over 140 internal and Committee meetings.

    The IP1 Secretariat has ensured the circulation of relevant sectoral documents to all sectors concerned.

    · Co-financing, as appropriate, activities identified jointly with partner sectors and bodies

    Most of the activities in this Programme have been co-financed by IP and partner sectors. 2003 figures are not yet available but the situation is likely to correspond to that of 2002 when the IP1 contributions have, overall, been matched by the main partner sectors.

    · Developing, together with partner sectors, a collaborative evaluation method for joint activities. Running pilot evaluations of selected activities

    Inter-secretariat meetings were held to discuss the evaluation of the Integrated Projects.

    Programme: Local and regional democracy

    Project - Sound institutional framework for local and regional democracy

    · To strengthen the normative acquis by complementing existing European standards

    The draft Convention on Regional Self-Government was finalised. The draft Recommendation on regional self-government is not yet finalised. Progress was made on a draft recommendation on processes of reform of boundaries and/or structure of local and regional authorities.

    · To collect and exchange information on and to identify and make available good practice

    The report on Front-line issues of change was adopted and made public on the Local Democracy website. In addition, replies by member states to questionnaires on these and other topics were made available online. Country-specific reports on the Structure and Operation of Local and Regional Democracy in Bulgaria, Latvia, Hungary and Ukraine were adopted.

    · To encourage the implementation of the “acquis” (awareness raising and assistance with legal reforms)

    In comparison with 2002, the outcome in 2003 was noticeably higher. DG 1 – DCDLR provided assistance to 15 countries: Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Georgia, Lithuania, Moldova, Romania, the Russian Federation, Serbia and Montenegro, Slovenia, “the former Yugoslav Republic of Macedonia” and Ukraine. Seven national events (conferences, seminars roundtables and workshops), twenty-two working groups and four study visits were organised in addition to various expert meetings and in-country missions, and preparation of legal opinions, analyses and reports.

    The assistance was in reply to countries' requests and targeted to meet their needs. The following were the most relevant co-operation activities: The reform of federalism was of the highest political priority in the Russian Federation; assistance focused on the development of legislative reforms on local and regional structures, local finance and sharing of powers between central, regional and local levels of the State in key areas. In-depth reforms of the legal framework of local government were also on the agenda for Armenia, Azerbaijan, Bosnia and Herzegovina (Republika Srpska) and Moldova: assistance to these countries was aimed at improving the respective basic laws on local self-government and related key sectoral legislation. In Ukraine, assistance was provided for the revision of the basic law on local self-government and for drafting laws on the city of Sevastopol and on local elections. Advice on the design of major territorial reforms was given to Albania (compulsory amalgamation of local units and reinforcement of the intermediate tier), Slovenia (analysis of the possible establishment of an intermediate tier) and “the former Yugoslav Republic of Macedonia” (compulsory amalgamation). In the latter, as well as in Georgia and Ukraine, assistance was provided with fiscal decentralisation and drafting of legislation on local budgets. At the request of the Special Representative of the Secretary General of the United Nations, recommendations were formulated on decentralisation in Kosovo and addressed to UNMIK.

    Despite intensive action undertaken to give impetus to the reform of the local government systems in Armenia, Azerbaijan and Georgia, very limited steps forward can be acknowledged in the legislation of these countries. The internal political struggles they experienced have certainly hampered the reform processes and are the main explanation for this limited success. However, even in these countries co-operation between central authorities and the Secretariat has progressively intensified and action plans have been agreed on with the national partners in order to drive the process forward and streamline future work.

    Serious efforts were made to encourage the reform of the local government system in Moldova, following the adoption of a new territorial structure. One positive result was the adoption of a new law on local self-government. However, subsequent work on key legislation relating to local finance and the status of local elected representatives was not in line with the expectations, and the draft laws submitted by the government to the parliament are not consistent with CoE standards and experts' recommendations.

    Experience now clearly shows that the most noticeable progress is achieved where sizable programmes are implemented over a long-term period (as was the case for the co-operation programme with the Russian Federation, Ukraine and Albania). Therefore, limited staff resources and a tight budget hamper the Council of Europe's ability to promote decentralisation more effectively and to respond to the increasing demands from member states for co-operation.

    Project - Quality local and regional governance

    · To strengthen the normative acquis by complementing existing European standards

    The Committee of Ministers adopted Recommendation Rec(2003)2 on neighbourhood services in disadvantaged urban areas on 13 February 2003. The draft recommendation on financial and budgetary management at local and regional level was adopted by the Committee of Ministers on 8 January 2004.

    · To collect and exchange information on and to identify and make available good practice

    The CDLR adopted the report on “Use of information technology in the modernisation of service delivery and citizens' participation at local and regional level” and decided to publish it on its website.

    New documents adopted by the CDLR were published on the Local Democracy website and in the LOREG database. The LOREG database continued to be developed both in terms of content and information architecture. It now contains 1,175 documents and its benefits from a new user friendly search interface.

    · To promote debates on public ethics

    To date, the Secretariat has received written reports on the national consultations on the Handbook of good practice from 11 countries and oral information from 6 others. These consultations were in general thorough and involved several categories of actors, such as civil servants, politicians, NGO representatives and experts. They offered an opportunity to catalyse discussions on public ethics at local level, as well as to improve and to promote the Handbook.

    The Handbook is to be adopted at a high level international conference which will take place in Noordwijkerhout (Netherlands) on 31 March – 1 April 2004.

    This activity benefited from a financial contribution of € 40,000 from IP 1 – Making democratic institutions work - and from a very important leverage offered by the implication of the CDLR members and their administrations.

    · To monitor and assess the impact of the normative “acquis” and to enhance the impact in member states

    On 31 October 2003, Armenia signed the three convention texts relating to transfrontier co-operation (the outline convention and its two protocols). On 5 January 2004, Azerbaijan signed the same treaties and on 21 January Switzerland signed the European Charter on Local Self-Government.

    A monitoring exercise was conducted on the impact of both the Convention on the Participation of Foreigners in Public Life at Local Level (ETS 144) and the Recommendation on participation of citizens in local public life (Rec(2001)19). Replies to the questionnaire were received from more than half of the member states of the Council of Europe, which may be considered a good result. The quality of replies was very good and allowed the adoption of an evaluation report addressed to the Committee of Ministers and, subsequently, the adoption of projects for further action.

    · To encourage the implementation of the “acquis” (training, other capacity building initiatives and citizen participation)

    DG 1 – DCDLR provided assistance to 13 countries: Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Georgia, Romania, the Russian Federation, Slovenia, Serbia and Montenegro and Ukraine. A regional workshop for SEE countries, 18 national events (conferences, seminars, roundtables and workshops) 15 working groups and 4 “Peer Review” visits were organised in addition to various expert meetings, in-country missions, and preparation of case studies and reports.

    The main focus of the capacity building initiatives was on the development of “National Training Strategies” for local government, based on training needs analyses and engaging key stakeholders (Albania, Armenia, Georgia, the Russian Federation and Ukraine). In addition, “Best practice” and “Benchmark” Programmes were launched in selected countries of South-East Europe (Bulgaria, Croatia, Slovenia and Albania). Pilot initiatives on performance reviews of specific local services started in targeted municipalities of 2 Federal districts in the Russian Federation. A training seminar on financial management was organised in Azerbaijan.

    Support was provided for the implementation of 4 country projects on the “Development of Democratic Citizenship and Responsive Leadership at Local Level” (Bosnia and Herzegovina, Bulgaria, Romania and Serbia and Montenegro).

    Finally, DCDLR initiated the first training programme for potential local authority administrators in Chechnya and prepared a proposal for the next steps in the introduction of local-self government.

    In the Russian Federation, within the framework of a pilot project which could be more widely replicated at a later stage, the CoE experts assessed the management and provision of local public transport in the Gatchina region (the North-West federal district) and in the city of Arzamas (the Privolzhsky federal district). They produced a report and made recommendations for the short, medium and long term. As a follow-up to the roundtable which took place in Moscow on 5-6 November 2003, a draft Action Plan has been defined. The Action Plan will guide the second phase of the project: the implementation of the reforms by the LPT agents (local and regional authorities, companies) and their monitoring by the Russian and CoE experts.

    In Bulgaria and Croatia, the DCDLR provided training for local government officials and associations in leadership and strategic management; this provided a foundation for the use of the “Benchmark of an effective local authority” through peer assessment. Formal Pilot Peer Reviews took place in 4 local authorities; these identified local authority performance where improvement could be made and provided an opportunity for sharing experience and good practice. Four Assessment Reports covering the strengths, opportunities and weaknesses have been drafted; in response to these reports, the local authorities are drawing up their Improvement Programmes.

    A regional conference on “Leadership and service delivery by local government” allowed the sharing of best practice between local authorities from Bulgaria, Croatia and Slovenia.

    Steering Groups bringing together local and international partners have been set up to supervise the development of Best Practice Programmes in Albania and Slovenia. Negotiations are under way with international organisations for the future implementation of Best Practice programmes in Croatia, Bosnia and Herzegovina and “the former Yugoslav Republic of Macedonia”.

    In Albania, Armenia and Georgia, the CoE has brought together the main stakeholders in local government in national Working Groups to oversee the development of National Training Strategies. A similar approach was followed in the Russian Federation for the development of training strategies and programmes in the North-West and Privolzhsky federal districts; a preliminary report (with recommendations) on the evaluation of training needs and the elaboration of a training strategy for those in charge of management of public finances at local and regional level was drafted. In Ukraine, detailed recommendations for the development of a local self-government training system were prepared, as result of the series of expert meetings held in 2003.

    A “Guide to Local Democracy” has been prepared under the supervision of the national Working Group in Georgia, to increase awareness of the rights, obligations and opportunities of local and national authorities.

    Citizen participation

    According to the experts' evaluations, the implementation of the project on the “Development of Democratic Citizenship and Responsive Leadership at Local Level” in Bulgaria and Romania entailed more transparency in local decision making, increased citizen awareness of their authorities' operation and improved communication between local administrations and their citizens in selected municipalities. This was achieved through the development of new tools for citizen participation. Partnerships were reinforced between one Romanian and two Bulgarian municipalities and 3 Western-European municipalities (Ireland, Norway and Spain). After the completion of a survey and the analysis of the information gathered, a manual is being drafted on the “Development of Democratic Citizenship and Responsive Leadership at Local Level” in Bosnia and Herzegovina and in Serbia and Montenegro.

    Project - Transfrontier co-operation

    · To identify and disseminate good practice on cross-border co-operation

    The immediate objective of putting information on mobility practice and interterritorial co-operation on the website has been achieved. Updating it regularly remains a constant challenge. A draft recommendation on the learning of the neighbour's language has been prepared for consideration and adoption in 2004.

    In the implementation of this activity, it has been possible to identify the good practice to be followed with a view to signing and ratifying the legal instruments, thus establishing a “check list” of recommended steps. Also, the identification of obstacles to effective cross-border co-operation has led to the preparation of a draft recommendation on the removal of obstacles to, and the strengthening of territorial authorities' capacity in cross-border co-operation.

    · To strengthen effective cross-border co-operation

    Legal assistance has been provided to the countries with a view to either signing and ratifying (Georgia) or implementing the Madrid Outline Convention (Georgia, the Russian Federation and Ukraine). A number of member states have ratified the Convention and/or its Protocols (Armenia, Croatia, Romania and Slovenia).

    As regards Euroregions, the statute of the Eurobalkan (Nis-Sofia-Skopje) Euroregion was signed in September 2003 while progress was made towards the establishment of a Euroregion in the area of the Lakes of Prespa and Ohrid (two meetings took place in Greece). A survey of Euroregional co-operation involving Slovakia and its neighbours was finalised in 2003 and another one on Lithuania and its neighbours was launched.

    These activities also reflect the topicality of transfrontier co-operation for all the countries affected by the enlargement of the European Union, both member, non-member and candidate states. A conference was held in Cracow in October 2003 in co-operation with the Polish Presidency of the Central European Initiative. A follow up is expected in 2004 (drafting of an Action Plan, new legal instruments).

    The planned assistance to Bosnia and Herzegovina, Serbia and Montenegro and Croatia, and some activities in the Caucasus region, could not be provided or implemented due to domestic elections or difficulties outside the Secretariat's control.

    Programme: Gender Equality for a functioning democracy

    Project – Balanced participation of women and men in political and public decision making

Note · To finalise the setting of standards and guidelines on balanced participation of women and men in political and public decision making and organise their implementation

    As a follow-up to the 5th European Ministerial Conference on Equality between Women and Men (Skopje, January 2003), the Committee of Ministers adopted, in March 2003, Recommendation Rec(2003)3 on balanced participation of women and men in political and public decision-making. The Recommendation has been translated into several languages. In order to measure progress in the field of political and public decision-making, member states were requested to provide information on the indicators contained in paragraph 44 of the Appendix to the Recommendation. As a follow-up to the Recommendation, a study on parental leave will be prepared during 2004 in the framework of gender-balance reconciliation of professional and private life.

    Project – Gender mainstreaming

    · To further gender mainstreaming in practice within the Council of Europe and in member states through practical initiatives and networking

    A group on gender budgeting was set up and is preparing a draft report containing guidelines on how gender budgeting should be taken into account at all levels of the budgetary process. The “Informal Network of Experts on Gender Mainstreaming” of the CDEG has been consolidated and holds a meeting every year, which it uses to promote gender mainstreaming in the work of other Council of Europe steering committees. In September 2003, a meeting devoted to gender mainstreaming at local and regional levels was held to create a link with, and facilitate work planned by, the CLRAE on gender mainstreaming.

    · To finalise work on gender mainstreaming in schools through the preparation of guidelines on this issue

    The Group of Specialists on the promotion of gender mainstreaming in schools (EG-S-GS) finalised its report containing guidelines on this issue. The report was sent to the CDEG and as soon as it has been examined and adopted it will be transmitted to the Steering Committee for Education (CDED).

    Project – Women's role in the prevention and resolution of conflicts

    · To favour women's participation in conflict prevention and resolution, e.g. through activities on women's contributions to intercultural and inter-religious dialogue

    As a follow-up to the 5th European Ministerial Conference on Equality between Women and Men (Skopje, January 2003) devoted to “Democratisation, conflict prevention and peacebuilding: the perspectives and the roles of women”, the Group of Specialists on the role of women and men in intercultural and interreligious dialogue for conflict prevention, peace building and democratisation (EG-S-DI) was set up in June 2003. A hearing was organised with personalities involved in cultural and religious activities in order to exchange experiences and ideas and to set up strategies and guidelines in this field.

    Programme: Strengthening the role of civil society in a pluralist democracy

    Project - Youth participation and democratic citizenship

    · To empower multipliers in the youth field to actively participate in public life and democratic processes

    Thirty-one youth multipliers from 25 countries were trained and acquired competencies in organisational management of non-governmental organisations, which should result in increasing the quality of non-governmental youth organisations' activities, and in a better organisation of youth bodies and structures.

    Long-Term Training Courses (LTTC): the 2nd and 3rd phases of the Turkey LTTC brought together 19 NGO representatives from the 29 original participants and of the 24 projects visited, all of whom impressed the instructors by their high degree of motivation. The 1st phase of the Russian Federation LTTC brought together 25 participants from the Volga region; as the course only started in 2003 it is difficult at present to evaluate its impact.

    Within the Partnership Programme on European Youth Worker Training of the Council of Europe and the European Commission, an Impact Evaluation Seminar was held concerning the Training Courses on "European Citizenship in Youth Work” organised in 2001 and 2002. Based on the findings and recommendations of the seminar, a third training course was held on this topic, training 30 youth workers and youth leaders.

    · To support young people, youth organisations and multipliers in the youth field to participate in public life and in democratic processes, also at local level

    Eight Study Sessions brought together 267 young people from a wide range of non-governmental youth organisations, including political and educational associations as well as youth organisations of minority and disabled young people. These events have achieved a great deal in terms of promoting principles and methods of international and intercultural co-operation, and of developing capacities for the organisation and management of participatory structures as well as specific projects.

    The revised European Charter on the Participation of Young People in Local and Regional Life was adopted at the plenary session of the Congress of Local and Regional Authorities of Europe (CLRAE).

    The EYCs Strasbourg and Budapest hosted a delegation from the All-China Youth Federation (ACYF) in March 2003, and a group of senior officials in October 2003. As a first result, two ACYF-nominated persons participated in the Training Course on co-operation and partnership held in the far East of Russia in September 2003.

    In the framework of co-operation with the Russian Federation, a DLP seminar was held for 28 participants: administrators on youth issues (local and federal level), Duma Youth Chamber members, journalists and NGO representatives.

    An introductory DLP training session was also organised in Strasbourg for a group of 20 young leaders from Armenia, Azerbaijan and Georgia. Training focused on confidence-building and negotiation skills; specific attention was paid to training in the monitoring of and participation in elections, and in relating these issues to working with the media.

    Training courses and in-country seminars foreseen for DLP Alumni in 2003 will be held in 2004; a change of priorities led to a change in financial allocations of DLP resources in order to assist in the organisation of the Symposium “Young People and Democratic Institutions” (see below) and the development of relations between the youth sector and China (see above), and to provide the necessary resources for the “Youth and Conflict Resolution” Seminar (cf LoA 6 / Intercultural Dialogue/ Youth building peace and intercultural dialogue). Thus, only partial completion of the objective was possible.

    · To encourage and support the participation of young women in public life

    The seminar on the “Participation of young women in political life” brought together 70 participants from NGOs, the political arena, and the academic and research fields. Despite attempts to encourage gender balance at the seminar, few male participants applied to attend the meeting. A training course on this issue did not take place in 2003, but will be held in 2004 in order to benefit fully from the material and outcomes of the Seminar. The Council of Europe Award “Young Active Citizens” 2003 was given to 6 projects undertaken in the last year that focused on this subject.

    · To support the development of democratic and pluralistic youth structures

    The group of specialists, established by the CDEJ with the task of preparing a draft Committee of Ministers' Recommendation on “the creation and functioning of national youth councils and consultative youth bodies”, finalised its work. Following a controversial but constructive consultative meeting on the draft, it was decided to ask the group of specialists to revise the draft text. In the meantime, the study will be published..

    · To better understand and promote youth participation in political institutions

    The Symposium “Young people and democratic institutions: from disillusionment to participation” brought together over 100 youth workers, academics and representatives from a wide range of political organisations and NGOs. Unfortunately, the high involvement of the research community was not mirrored by the formal political sector, particularly the political parties. Good practice exchanged amongst participants will be exploited to help generate projects promoting participation; the Symposium results will form the basis, along with outcomes of other meetings, for an in-depth set of policy guidelines on youth political participation in general.

    Project – Democratic Leadership Programme (DLP) and Schools of Political Studies

    · To strengthen skills of young politicians, media representatives and NGO leaders; to promote tolerance and reconciliation in areas of former conflict with a view to contributing to greater democratic stability and building confidence

    The DLP seminars provided training to around 65 participants. The South-East European Alumni Group participated in training in the Hague on “International Justice” and the group from Belarus and Ukraine participated in a session on “Leadership and Negotiation Processes”. “Leadership and Conflict Solution Skills” was the theme of an introductory training

    course for 25 young leaders from Turkey who greatly appreciated joining the DLP network. Follow-up training in 2004 will further strengthen their skill and involvement, allowing them to be multipliers in their country.

    Moreover, 5 national-level DLP activities took place in Albania, Serbia and Montenegro and in “the former Yugoslav Republic of Macedonia”, and one regional level activity took place in Budapest, involving around 130 participants.

    In 2003, the DLP experience and resources contributed to the creation of a Network of Schools of Political Studies in South-East Europe. Schools in Sarajevo, Pristina, Skopje and Chisinau already started their work in 2003, others will follow during 2004.

    The high level of activities of the DLP Alumni as well as the network of Schools of Political Studies in South-East Europe proved that training enables young leaders to play an active role in the political and administrative life of their countries.

    Project – Civil Society Initiatives

    · To provide capacity building and sharing of best practice to NGOs

    More than 450 representatives of local authorities, parliaments and NGOs participated in 10 activities which enabled them to develop their skills on communication and co-operation between NGOs and local authorities.

    Six countries were concerned: Belarus, Bosnia and Herzegovina, Moldova, Serbia and Montenegro, the Russian Federation, “the former Yugoslav Republic of Macedonia” and a regional seminar was held in Vilnius.

    Priority was given to the support of inter-cultural and inter-religious dialogue and co-operation (a series of seminars was organised in different towns of the two entities of Bosnia and Herzegovina) and “frozen conflicts” (in particular, Transnistria). The seminar in the Russian Federation highlighted how much representatives of civil society and public authorities request more Council of Europe support to strengthen civil society and improve interactivity between NGOs and authorities in the development of a democratic society.

    Due to political developments, a civil society seminar in Cyprus had to be postponed until 2004.

    Line of Action 5
    Technological development, Human Dignity and Democracy

    Programme: Bioethics, biomedicine and genetics

    Project – Bioethics

    · Update of existing legislation and development of new legal instruments, in the light of scientific and technical developments

    The number of signatures and ratifications of the Conventions on the use of animals increased significantly during 2003. In particular, the revised Convention on the protection of animals during International Transport (ETS 193) was adopted by the Committee of Ministers in June and opened for signature on 6 November 2003, when 12 member states signed and 1 ratified it. Relevant increases were also registered for the other Conventions: 2 signatures for the Convention on animals kept for farming purposes (ETS 87) and its Protocol of Amendment (ETS 145); 1 signature and 1 ratification for the Convention for the protection of animals kept for experimental purposes (ETS 123) and 3 signatures and 3 ratifications for its Protocol of Amendment (ETS 170); 2 signatures and 1 ratification for the Convention on the protection of animals kept for slaughter (ETS 102); 4 signatures and 2 ratifications for the Convention for the protection of pet animals (ETS 125).

    The adoption of other legal instruments for the implementation of the Conventions on the use of animals and of their objectives was delayed by several factors. The first and most important was the emerging priority of the fight against terrorism, which implied the suppression of a number of meetings scheduled for 2003. Moreover, all the activities within the Council of Europe in the field of the use of animals are strictly related to corresponding activities at the EU level. Any advance is therefore conditional on the EU procedures for the negotiation of international agreements and also on the compatibility with the EU legislation in force.

    Programme: Health Care and Quality standards

    Project - Promotion and Elaboration of Ethical Standards

    · Promote the non-commercialisation of substances of human origin (blood, organs, tissues and cells) and ensure their quality and safety

    The Committee of Ministers adopted Recommendation (2003) 11 on the introduction of pathogen inactivation procedures for blood components. 'Pathogen inactivation procedures' are now new security measures relating to blood components.

    The 9th edition of The Guide to the Preparation, Use and Quality Assurance of Blood Components has been published. The Guide, which is up-dated annually, has become the 'golden standard' for blood transfusion services and forms the basis for many national guidelines, in Europe (EU) and outside (Australia). The European Union Directive on blood safety (2002/98/EC) contains explicit and extensive reference to the work of the Council of Europe in the area of blood transfusion. Future up-dates of the European Union technical requirements will continue to be based on the Council of Europe's proposals

    This project is an excellent example of tangible cooperation between the Council of Europe and the European Union and future funding of this project should be strengthened. The Guide has been translated into Greek, and therefore it has now been translated into more than 25 languages – at the expense of the National Health Authorities. Around 3000 copies of each edition of the Guide are sold each year. This achievement makes the Guide – apart from the European Pharmacopoeia – the best selling publication of the Council of Europe.

    The CDSP adopted a draft Recommendation on cord blood banking and the 2001 data to assess the self-sufficiency of labile blood components. The Recommendation will be submitted to the Committee of Ministers in 2004 for adoption.

    The Committee of Ministers adopted two Recommendations: Recommendation (2003)10 on xenotransplantation and Recommendation (2003) 12 on organ donor registers.

    Xenotransplantation – The transplantation of animal organs and tissues – is still largely experimental, but it represents a possible response to the shortage of human organs and tissues. However, there are unknown and potentially considerable public health risks involved. To minimise them, the Recommendation sets out guidelines for member states to follow.

    Organ donor registers consign precise details of the consent given or refused by donors, and allow individuals to express their wishes in a simple and reliable manner. This Recommendation is an important contribution to the Council of Europe's policy to promote organ donation as it improves transparency and traceability in the process.

    Draft Recommendations on minimising the risks of organ trafficking and on requirements of facilities eligible for organs and tissue transplantation were adopted by the European Health Committee (CDSP). These Recommendations will be submitted to the Committee of Ministers in 2004 for adoption.

    A survey on legal and organisational measures in place at national level has been published. Organisational aspects of organ transplantation were debated in a seminar in Kiev with 40 experts from Ukraine and neighbouring countries. There are no funds available to organise similar seminars in 2004. In 2005, funds would be needed to implement the Parliamentary Assembly request (Recommendation 1611 (2003)) to combat organ trafficking when carrying out assistance activities in particular in 'donor countries'.

    International figures on organ donation and transplantation are collected on an annual basis and published in the Transplant Newsletter which is sponsored by the Spanish Authorities.

    The first edition of the Guide to safety and quality assurance for organs, tissues and cells has been published in 2002. More than 1000 copies have been sold. Australia is considering making it the basis for national legislation. The draft for the second edition of the Guide has been sent out for consultation to National Authorities and interested parties. As for the Guide to the preparation, use and quality assurance of blood components, the European Commission intends to request the Council of Europe's assistance in 2004/2005 in drafting technical requirements for the implementation of up-coming European Union Tissue and Cells Directive.

    The 5th European Day on organ donation and transplantation has been hosted and sponsored by the Swedish Authorities. This event is hosted and funded by a different National Authority every year. It raises general population's awareness of organ donation. Greece will host the event in 2004.

    Programme: Information and Communication Technologies

    Project – Strengthening the protection of individuals with regard to the processing of personal data

    · To update and develop common standards in order to adapt Convention 108 to the technological progress and legal challenges of the worldwide information society, in particular to examine the impact of the data protection principles in the field of biometry.

    Due to the lack of time, this objective was not achieved. Draft guiding principles on the protection of personal data in the form of biometric data were prepared and considered by the CJ-PD in first reading, but the draft was not considered ready for adoption. As the CJ-PD has ceased to exist further to a merging of the two data protection committees, this objective will be taken over by the T-PD as a matter of priority, with an expected adoption of the guiding principles in 2004 or early 2005.

    · To examine the impact of the data protection principles with regard to smart cards.

    The guiding principles on the protection of personal data with regard to the use of smart cards were prepared and transmitted to the CDCJ.

    Project – Combating dissemination of illicit or harmful content on the internet

    · To restrict the dissemination of racist, xenophobic and anti-semitic content via on-line communication and information services and to promote the democratic potential of these new services

    The information web site on the existing national measures to restrict the dissemination of illicit or harmful content on the Internet continued to be updated and developed, the aim being to promote information on these initiatives, in particular in member states where no measures of this type currently exist. The site was used by the Forum of Internet Rights in France at the end of 2003 to launch a European network of Internet co-regulatory bodies.

    Furthermore, a contribution was given to the preparation, under the aegis of Integrated Project 1, of a Recommendation by the Committee of Ministers to the governments of member states on e-governance. The text should be adopted at the beginning of 2004, in which case an evaluation of its implementation could be carried out only at the end of the same year.

    · To encourage media professionals to fight against the dissemination of “hate speech”

    Given the unfortunately limited financial resources, only some activities were carried out on this topic in 2003, despite the importance of the issue in some regions of Europe where there are still tensions. Given these budgetary constraints, it was not possible to continue in 2003 the efforts that were undertaken in 2002 in some countries or regions.

    · To raise awareness among public authorities in member states about the need to fight against “hate speech”

    For the same budgetary constraints as those indicated above, it was not possible to organise activities on this subject in 2003.

    Line of Action 6
    Building stable and cohesive societies

    Programme : Social Cohesion Strategy

    Project – Children and Families

    · To act as a clearing-house for exchange and coordination between the principal actors in the field of childhood and family policies

    The Forum for Children and Families held a major debate on the role and responsibilities of ombudsmen/mediators for children, and on the Parliamentary Assembly's proposal to create the office of European mediator/commissioner for children. Another debate was held on all children's right to education, particularly in the light of the revised European Social Charter, so as to promote and encourage acceptance of Articles 7,9, 10, 15 and 17 of the Charter. In addition, following discussions, the Forum approved work by its working groups on the participation of children in decision-taking and on children at risk and in care, as well as forthcoming reports on corporal punishment administered to children in the family.

    · To give guidance to policy makers for the development of policies and measures in the interest of children and families

    Through its discussions and future publications, the Forum for Children and Families is offering guidance and providing recommendations drawn up by experts from different backgrounds. The terms of reference of the working groups came to an end in 2003. The results of the three years' work of the Forum and its groups will be included in the texts appearing in 2004.

    · To give guidance to policy makers on combating the effects of violence on children (contribution to the Integrated Project on “Responses to violence in everyday life in a democratic society”)

    Where violence against children is concerned, the Forum turned its attention at the end of 2002 to a subject not in the spotlight, that of corporal punishment used on children in every part of their lives, particularly in the family. The Forum pointed out in the publications issued in 2003 at its request that legal reforms concerning most member states and campaigns to raise awareness among members of the public were vitally necessary as soon as possible; this is where the Council of Europe would have a role to play in future so as to ensure that children, all of whom have rights, enjoy equal protection.

    It proved possible fully to achieve this objective, thanks to financial support from Integrated Project “Responses to violence in everyday life in a democratic society”. This is another starting point recently provided by the Forum, which would like the Council of Europe's commitment to children and their rights in all member states to continue. The more general issue of violence against children being a matter of growing concern in most member states, the possibility of starting a major new project in this field is under study.

    The CDCS and the Secretariat are giving thought to follow-up to the Forum in terms of structure, working method and themes to be dealt with in the years ahead.

    Project – Management of the social cohesion strategy

    · Clarify and update the overall framework for the work of the Council of Europe on social cohesion

    As planned, the Revised Strategy for Social Cohesion was adopted by the CDCS at the end of 2003 and will be submitted to the Committee of Ministers in early 2004 for final approval. The CDCS believes that the new text clarifies, enriches and sets out in a more convincing manner the Council of Europe's strategy for social cohesion. In order to give the social policy makers in the member states a clearer perception of the role of the Council of Europe in the social cohesion field, it will be widely circulated in an attractive form. The priorities it identifies will be used as a basis for planning activities in the coming years.

    · Mainstream social cohesion into other areas of Council of Europe activity

    The CDCS and its subordinate bodies have made considerable efforts to ensure that social policy aspects are properly reflected in the two Integrated Projects (Integrated Project I: democratic participation by children; access for all to social services, particularly using modern IT methods; Forum on social cohesion and public security. Integrated Project II: corporal punishment of children; social integration of young people in disadvantaged urban areas).

    The CDCS and its subordinate bodies have developed close links with Assembly and Congress committees on topics such as social security, employment, social services and children.

    The CDCS is starting to provide input to CAHTEH (trafficking in human beings) and will strengthen its working partnership with the European Population Committee (CAHP) in 2004 by helping to plan the Conference on demographic challenges for social cohesion (scheduled for spring 2005).

    · To improve social cohesion services through improved management skills

    A management training programme for the staff of social, health and employment services was carried out in Armenia, Azerbaijan and Georgia. It was implemented in areas where particularly vulnerable groups of the population face a difficult social situation. Following a joint assessment of training needs of the staff concerned and of the main challenges they are facing in their daily work, training was offered by specialised outside trainers. It resulted in the elaboration of a management training kit, which will be useful for training activities in 2004 (in particular, training of trainers to ensure sustainability of the programme).

    The training kit will be used in a number of future assistance activities in the field of access to social rights (e.g. Moldova project).

    · To demonstrate that social cohesion is an essential component of stability in South-East Europe

    The Council of Europe is one of the leading international organizations involved in the activities of the Initiative of Social Cohesion of the Stability Pact (Working Table II), providing financial resources, and legislative and policy advice to the region through its assistance activities. In 2003, significant contributions were made through the activities of the Council of Europe's Strategic Networks on Employment, Housing, Social Protection and Health.

    A Memorandum of Understanding on Employment was signed by the 8 ministers of the region on the occasion of the South East Europe Ministerial Conference on Employment held in Bucharest.

    The Housing Network published three regional reports on social housing, the management of the housing stock and housing-related issues for refugees and IDPs.

    The project on the “Promotion of the Co-ordination of National Social Security Schemes”, jointly financed by the Council of Europe and the Italian Government, was also launched.

    The Health Network continued with the implementation of three projects (strengthening food safety and nutrition services, strengthening community mental health services and surveillance of communicable diseases) in cooperation with the World Health Organization. The activities of the various networks will continue in 2004.

    Through the Joint Programme of Cooperation with the Council of Europe Development Bank, the Council of Europe provided additional project development resources for strengthening social cohesion in the region.

    · Ensure broad visibility for the activities of the social cohesion strategy

    Three issues of Trends in Social Cohesion have been published ( anti-poverty strategies in the South Caucasus; the social responsibility of the State and the social responsibility of civil society). These publications have been sent to the CDCS mailing list, to all participants in the various events . Public sales so far amount totally to about 250 copies.

    Four issues of the electronic newsletter have been published (three ordinary issues and one thematic issue for the Year of People with disabilities). It is circulated to members of all committees working in the social cohesion field and, in addition, to 450 individual recipients who have requested it. The bulletin contains electronic links to the documents referred to, which means that it serves as an additional means of disseminating the results of social cohesion activities.

    Programme : Roma

    Project - Develop Roma national strategy and policies

    · Encouraging the development of national, global and coherent strategies in favour of Roma/ Gypsies

    Situation by country:

    Croatia: A comprehensive national strategy in favour of Roma was adopted in October 2003

    Albania: A comprehensive national strategy in favour of Roma was adopted in September 2003

    "the former Yugoslav Republic of Macedonia": Contacts have been resumed with a view to the adoption of a comprehensive strategy in favour of Roma proposed by the Council of Europe on the basis of a project implemented by a network of Roma NGOs.

    Serbia and Montenegro: Financial support has been provided to the secretariat responsible for promoting the strategy in favour of Roma and its prompt adoption by parliament.

    Moldova: A Roma negotiating group has been set up to develop a comprehensive national strategy in favour of Roma, in cooperation with the Moldovan authorities.

    Ukraine: Ukraine recently announced its official intention of devising a coherent strategy based on the Council of Europe's experience in this field. In 2004 the Council will accordingly provide support in the form of both expert assistance and political backing at local level.

    Greece: Greece has provided a tangible example of implementation of the strategy in the fields of employment and housing (good practice in the municipality of Sophades), which prompted the CEB to fund projects in Greece.

    · Combating discrimination against Roma/Gypsies

    The MG-S-ROM has adopted a draft recommendation on the free movement and encampment of Travellers and a draft recommendation on promoting appropriate health care services for Roma, Gypsies and Travellers.

    A draft recommendation on housing for Roma is being examined by the CDMG. The MG-S-ROM has discussed introducing a section on evaluation and monitoring in the draft recommendation on general policy to improve the situation of Roma/Gypsies in Europe.

    · Monitoring implementation of Council of Europe recommendations concerning Roma/Gypsies

    The MG-S-ROM is preparing a general policy recommendation with a view to improving living conditions for and combating discrimination against Roma/Gypsies. The efforts undertaken in 2003 to establish a structure giving Roma a voice at an international level should moreover come to fruition in 2004 with the creation of the European Roma forum. One of the objectives of this forum is in fact to fight racism and discrimination against Roma. All of the practical results achieved in 2003 and the objectives pursued in 2004 will go hand in hand with support activities, implemented on request.

    Project - Education for Roma/Gypsy children

    · Defining an action plan of educational measures for the Roma/Gypsies

    The pedagogical material for teachers, as well as a repertoire of official texts adopted by the Council of Europe and the activities concerning this project have been published. All scheduled meetings and seminars were organised within the framework of the project.

    The fact that the project's budget is limited does have an effect on activities; nevertheless, progress has been made. In 2004, teacher-training activities will be pursued, particularly those which will test the pedagogical fact sheets on Roma history soon to be prepared.

    Programme : Confidence-building in Civil Society

    Project – Confidence-building Measures (CBM) Programme

    · To promote mutual respect and understanding between persons belonging to different communities (Confidence-building Measures)

    A package of 43 intercultural projects was approved by the CBM Steering Group on 27 March 2003. Out of these 43 projects, 36 projects were relevant to the geographical priorities of the Programme (i.e. South-East Europe: 24 and South Caucasus: 12). In addition, 14 projects concerned Roma communities, a thematic priority of the Programme. Projects in countries which have benefited little from the Programme in previous years have also been approved (i.e. Belarus, Cyprus, Moldova, the Russian Federation, Turkey and Ukraine).

    In addition, a project relevant to South-East Europe was supported by the CBM Programme out of the reserve fund for “urgent measures”.

    Participants in the various projects have used Council of Europe legal instruments (i.e. European Convention on Human Rights, the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities) and values to enhance mutual knowledge and understanding between persons belonging to different communities.

    Out of the 43 projects, financing was secured from the CBM special account for 25 projects and 5 projects were funded out of voluntary contributions. Thirteen projects, approved subject to voluntary contributions, remained unfunded. The Programme would have a greater impact if additional resources or voluntary contributions could be mobilised to support the remaining projects.

    The main obstacle encountered was limited management capacities of partner NGOs.

    Programme: Intercultural dialogue

    Project - Implement community relations policies

    · Defining new integration policies

    A draft recommendation on access to public-sector employment for non-nationals has been adopted by the CDMG and will be submitted to the Committee of Ministers in early 2004.

    · Preparation of an introductory programme for newcomers

    The Norwegian consultants' expertise and excellent work has made it possible to devise a model based on the best national practices in this field. This programme will be published in 2004.

    · Preparation of evaluation and monitoring instruments (integration indicators)

    The MG-IN has drawn up a list of quantitative and qualitative integration indicators to be measured in each country with a view to improved monitoring and evaluation of policies pursued in this sphere. This work, the first of its kind at a European level, concerns eight key areas of life - employment, income, housing, health care, nutrition, education, information and culture - and analyses the foundations of public action: the definition, reparation and facilitation functions. Two national round-table conferences on use of these indicators will be held in 2004.

    The CDMG has studied the results achieved by the MG-IN, which had 22 members in 2003. With such a broad membership achieving immediate, tangible results has proved difficult. It has accordingly been decided that the work on a subject as important as integration of immigrants and community relations should be entrusted to two committees of experts in 2004, each having seven members and very precise, goal-oriented terms of reference.

    Project - Intercultural Dialogue and conflict (ICD) prevention

    · Conflict prevention: inter-cultural dialogue
    · Elaboration of concepts and standards

    Objective achieved regarding the drafting of a Declaration on Intercultural Dialogue and Conflict Prevention (the idea of a Charter having been abandoned), text adopted by the conference of ministers of culture in Opatija (Croatia). Ministerial participation was significant. From 2004 onwards, a Project Group will be entrusted with the application of the Declaration, in close cooperation with other Steering Committees, GT-Dialogue, the Parliamentary Assembly, the Congress and the follow-up of decisions regarding intercultural education adopted by the Standing conference of ministers of education (Athens, November 2003).

    · Creation of interactive co-operation networks

    The drafting of analytical studies and of draft guidelines/Recommendation on "shared cities" and on "peace cradles" was carried out. Meetings in cooperation with the Congress allowed for a first exchange of good practices. However, the objective on good practices was not achieved due to the lack of both human and financial resources. In 2004, an inventory of good practices should be launched in cooperation with the Congress and the Compendium (see under LoA 8)

    · Confirmation of European identity through cultural projects

    The lack of human and financial resources compelled the Secretariat to postpone the awareness-raising activities on the intercultural dimension in the arts and the training of cultural actors. Only the continuation of the “Archives” activity, which aims to promote a European policy on access to archives (see Rec(2000)13), was carried out and an agreement was established on a feasibility study for a project on the Ottoman archives. The publication of the implementation manual for the Recommendation is planned for 2004.

    · Creating "Flagship initiatives" centred on dialogue

    Following the feasibility study carried out at the start of 2003, a first exhibition was launched in Sarajevo. Another flagship initiative of importance: the creation of an Intercultural City of the Council of Europe, presenting, over a period of one year, diverse multicultural events.

    Project - The challenge of intercultural education today

    · To promote the delivery to young people of intercultural education enabling a dialogue between cultures and religions

    This objective was carried out in a slightly different manner, due to the preparation of the Ministerial Conference on the same subject. The Project Group defined the conceptual framework of the project. Two events contributed to the project development: an experts' seminar and a practical training seminar for teachers.

    The conceptual framework received a positive reaction from both the group of experts and the teachers involved in the work.

    Within the framework of the preparation of the standing Conference of European Ministers of Education (Athens, 10-12 November 2003), the Project Group proposed recommendations to the Steering Committee for Education in the form of lines of action, which were discussed at length (during the Conference) and figure in the final declaration “Intercultural education in the new European context”.

    Project - Youth building peace and intercultural dialogue

    · To increase awareness of the importance of intercultural dialogue and education for the development of a “culture of peace”

    A seminar of researchers in the youth field, and an inter-sectoral meeting (with the Directorate of Culture) on « Intercultural dialogue, inter-religious dialogue : the role of stereotypes and prejudices » were organised.

    The preparation of the Event « Youth and Globalisation : how big is your world » was initiated. The Event aims to develop analytical dialogue between young people, and with experts and decision-makers, on globalisation and its consequences on young people's lives, at European and international levels.

    · To support youth organisations and multipliers in the youth field, in developing activities aimed at peace building and intercultural dialogue

    The following activities were carried out:

    - a training course on conflict management (30 multipliers);
    - a long-term training course on intercultural dialogue (30 multipliers);
    - three activities in the framework of the Democratic Leadership Programme (DLP) on the following issues: conflict management and conflict resolution (60 youth leaders);
    - a seminar (in Georgia) on « Intercultural dialogue in youth work » (30 multipliers);
    - a training course on intercultural dialogue and human rights education in the Euro-Mediterranean region », in co-operation with the North-South Centre (30 multipliers);
    - Eight study sessions at the European Youth Centres (240 participants in total).

    These activities showed that supporting non governmental youth organisations was one of the keys to reinforcing intercultural dialogue, and that information and training on intercultural dialogue were too often lacking in the regions which are confronted to recent or latent conflicts. Concretely, they provided the possibility to understand better the challenges and obstacles of intercultural dialogue, and to initiate co-operation projects.

    · To provide practitioners in the field of peace education and intercultural education, with training opportunities and materials relevant to their work

    The following publications were realised :
    - a training kit on intercultural dialogue ;
    - a training kit on Euro-Mediterranean dialogue ;
    - a brochure on « The Region I love, the voice of young people from the Balkans »

    The brochure on the Balkans was written by young people from the region, based on their priorities and choices. This brochure is targeted to all those who are interested in questions linked to reconciliation processes.

    Programme : Managing Migration flows

    Project - Integrated management of migration

    · Follow-up action to the 7th Conference of European Ministers responsible for Migration Affairs and to the Athens Conference on "Irregular migration and the dignity of migrants: cooperation in the Mediterranean region"

    The work on irregular migration led to the publication of two major reports in 2003: "The new patterns of irregular migration in Europe and the problems encountered by migrants" and "Preventing illegal immigration: juggling economic imperatives, political risks and individual rights". These reference documents are very popular with researchers.

    The annual report on trends in international migration in Europe (John Salt) also continues to be much in demand, and the press awaits its publication in order to publish the new figures announced in it. English and French versions of this report can be consulted on the web-site.

    Two regional conferences to promote dialogue on migration and implementation of the migration management strategy were held in 2003. The first, held in April in Malta in connection with the Maltese Chairmanship of the Committee of Ministers, dealt with the theme "Migration in the Mediterranean: prospects for the future" and brought together some one hundred representatives of member states' governments, researchers and other leading figures in the field of migration from all the countries on the Mediterranean rim, as well as members of the Parliamentary Assembly's Sub-Committee on Migration.

    The second took place in Kiev in October on the theme "Migration policies on the eve of EU enlargement: what challenges for future cooperation within the East European region?" and made it possible to initiate dialogue with countries such as China, Vietnam, Pakistan, Bangladesh and Belarus.

    Both conferences enabled progress to be made in the debate on the need to set up a political platform on migration. They also allowed initial contacts with countries subsequently selected by the CDMG to participate in the political platform (see below).

    · Setting up of a network of receiving cities in close cooperation with the Congress of Local and Regional Authorities of the Council of Europe

    This objective was not achieved in 2003 for lack of resources within the secretariat. It is not among the priorities for 2004. Other forms of cooperation with the Congress will be studied and implemented in 2004.

    · Developing a long-term view of migration and integration

    At the CDMG's last meeting (Rotterdam, 8-10 December 2003), the Dutch authorities held a seminar on new integration policies. The results of this important seminar and of discussions within the CDMG and its subsidiary bodies will make it possible to meet this objective, with the adoption, in 2004, of tangible measures concerning reception of newcomers, urban policies for the integration of immigrants and immigrant participation in the labour market.

    · Strengthening dialogue and partnership between member states and with third countries and international organisations and NGOs concerning means of containing illegal migration and improving management of migration flows by the member states

    In response to the wishes of the 7th ministerial conference, a political platform on migration was set up in 2003. Its first meeting, held in Rotterdam on 10 December, brought together the 45 Council of Europe member states and eight countries of origin or transit of migrants (African and Asian). This first meeting laid the foundations of a political dialogue which should result in tangible measures to be implemented at the national or regional levels, with a view to orderly management of migration consistent with respect for human rights and dignity.

    This platform, the only body of its kind, is relying on the participation of the partner international organisations (EU, IOM, ILO, OECD, HCR) and the presence of the NGOs granted observer status with the CDMG. The Congress and the Parliamentary Assembly play an active role within it.

    Discussion of the proposal to establish an Agency for Migration was pursued within the CDMG and the secretariat, and it was decided to conduct a feasibility study in 2004 concerning the role and functioning of such an agency.

    Programme: Action against violence and insecurity

    Project – Violence against women

    · To promote the implementation of Recommendation (2002)5 on the protection of women against violence through monitoring and the development of practical tools

    As planned, a Group of specialists on the implementation of and follow-up to Recommendation (2002)5 on the protection of women against violence (EG-S-MV) was set up. The Group prepared a draft monitoring framework on the basis of indicators and started to monitor specific aspects of the Recommendation, namely all forms of domestic violence and sexual violence wherever it occurs. The Group also started to collect examples of good practices to develop policies and practical tools to protect women against violence.

    An analytical study on “The protection of women against violence in the member states of the Council of Europe” was made, that will be used by the Group to complete its work in 2004.

    · To pursue work on men and violence against women, in order to develop and exchange good practice

    In June 2003, a seminar on “Measures dealing with men perpetrators of domestic violence” was organised in Strasbourg with professionals involved in practical work with men using violence against women. The report of the seminar, including the adopted recommendations, was transmitted to the CDEG during its December 2003 meeting.

    Project – Policy principles

    · Highlighting shared and specific aspects of policies to combat everyday violence in the member states

    The national correspondents on everyday violence returned 33 replies to the detailed questionnaire on national situations and policies regarding everyday violence. A draft report based on the replies has already been completed and the final version, including a few additional replies, will be published in 2004. The 22nd Criminological Research Conference – “Opinions, attitudes and images of crime and its control”, 24-26 November 2003 – highlighted the role of public perceptions of criminality in policy debate about violence. Although the objective as such has been attained, the current lack of comparable standards for data collection on everyday violence will be the subject of further recommendations in 2004 to improve the information base for policies combating violence.

    · Identifying inter-sectoral approaches, strategies and methods to combat everyday violence

    The Recommendation Rec(2003)21 concerning partnership in crime prevention was adopted by the Committee of Ministers on 24 September 2003. The partnerships of different sectors in violence prevention have also been a central tenet of many conferences and seminars in 2002 (i.e. civil society participation in prevention, violence in schools) and 2003 (i.e. local policing, responses to everyday violence in South-Eastern Europe). The field visits (two in 2003) of the experimental network of local pilot projects for the prevention of everyday violence have demonstrated the application of inter-sectoral methods at the local level. The partnership approach and transversal co-operation are among the major European principles being developed to curb violence (see objective below).

    · Laying down European principles and standards for general policies on information, awareness raising, prevention and appropriate punishment measures to curb violence in everyday life

    The national correspondents on everyday violence and a special drafting group have already produced a short list of the European principles to be applied in the combat against violence. This objective will be fully achieved in 2004, when these principles will be further developed and exemplified with reference to the results of the Integrated Project “Responses to violence in everyday life in a democratic society”.

    Project – Social developments

    · Strengthening and developing harmonious relations in situations marked by diversity of communities, religions and cultures

    A declaration on intercultural dialogue and the prevention of conflicts was adopted by a ministerial conference in Opatija, Croatia, on 22 October 2003. Recommendations and a summary booklet with reference to the activities of the Council of Europe were also published on the same theme. Another summary booklet was published on intercultural education.

    A series of intercultural fora were initiated: the first one on rethinking cultural stereotypes took place on 10-12 December 2003 in Sarajevo, Bosnia-Herzegovina, while another on the definition of basic values for intercultural dialogue will take place in 2004. Case studies and a summary report on intercultural dialogue in 5 divided cities and 4 peace enclaves were completed and further recommendations will be issued in 2004. The first module of an exhibition “Histories and dialogue” was presented at the intercultural forum in Sarajevo.

    A study and recommendations on the role of historical heritage in border regions in establishing harmonious transfrontier relations were prepared and will be published in 2004.

    · Combating the effects of social exclusion, extreme poverty and other marginalising factors

    Recommendations on the vocational and social integration of young people from disadvantaged urban areas were prepared on the basis of in-depth studies from six European cities to be published in 2004.

    A report on illegal migration and a migration management strategy were published. A summary booklet on the situation of Roma/Gypsies and a teaching pack on the theme for secondary school teachers were prepared and will be published in 2004.

    A draft manual for the prevention of violence related to the use of psychoactive substances (especially alcohol) was prepared; the final version will be published in 2004.

    The annual Social Cohesion Forum 2003 was devoted to the topic “Social cohesion and public security: how should Europe respond to collective feelings of insecurity”. The report of the forum will be published in 2004.

    Since many of the large-scale projects carried out under this objective were only launched in late 2002, their final outputs will only be available in 2004.

    · Preventing and curbing the effects of the various forms of trafficking in human beings

    Based on a feasibility study completed in 2002, the Committee of Ministers approved the terms of reference for the preparation of a European convention for the prevention of trafficking in human beings on 30 April 2003. The work on the convention started in June 2003 and the convention is expected to be open for signatures in early 2005. The adoption of the terms of reference was somewhat delayed due to the time needed to find a consensus among the steering committees consulted on the theme.

    In the context of South-Caucasian co-operation for the prevention of trafficking in human beings, already initiated in 2002, the Recommendations Rec(2000)11 on action against trafficking in human being for the purposes of sexual exploitation and Rec(2002)5 on the protection of women against violence were translated into Armenian, Azeri, Georgian, Turkish and Ukrainian.

    · Formulating good practices to control media violence

    The issue was debated in a seminar on 10-11 June 2003. However, due to the complexity of the theme, lack of interest from media professionals and other work priorities of the media sector, it was not possible to launch concrete activities directly related to media violence. Accordingly, this objective was not achieved.

    On the other hand, media and violence has been a recurrent side theme in most activities related to violence. The influence of the media on the public feeling of insecurity was a central tenet of the Social Cohesion Forum (Strasbourg, 23-24 October) and the 22nd Criminological Research Conference (Strasbourg, 24-26 November 2003). A workshop with media professionals aimed at making recommendations on this theme will be organised in 2004, if sufficient interest can be mustered.

    Project – Prevention strategies

    · Identifying the causes of violence in towns and devising strategies to prevent it

    The handbook for the prevention of urban crime and violence published in 2002 is already available in 11 languages while several new translation authorisations have been given for 2004. The handbook has been widely distributed through the networks of the Congress of Local and Regional Authorities in Europe (CLRAE) and of the Integrated Project “Responses to violence in everyday life in a democratic society”. A seminar on everyday violence held in Ljubljana, Slovenia (24-25 September 2003), and a conference on urban crime prevention held in Prague, Czech Republic (13-15 November 2003), have confirmed that the handbook has already inspired local authorities in many towns in these countries and elsewhere to take a more active role in violence prevention.

    The handbook will complement the Revised Urban Charter, which is scheduled to be adopted in 2004. The sections on urban safety have also been revised. A set of recommendations on the role of local policing in the prevention of crime and violence in towns are also scheduled to be adopted by the CLRAE in 2004 as a follow-up to a seminar held in Prague on 11-12 November 2003.

    A summary booklet and an annotated bibliography of Council of Europe work on the prevention of urban violence were published.

    A manual on the role of local authorities in promoting dialogue between cultures, communities and religions has been started as a follow-up to the Declaration on the theme made by mayors in Luxembourg on 21 September 2002. It will be published in 2004.

    The conference on urban safety, which aimed to set up a European observatory on the theme, was delayed due to the attempt on the life of the Mayor of Paris (the intended host of the conference), but the initiative will be implemented in 2004.

    · Identifying the causes of violence in the home and devising strategies to prevent it

    Summary booklets with reference to the activities of the Council of Europe were prepared on the prevention of violence against women and violence against children, older persons and people with disabilities.

    A seminar on the treatment of male perpetrators of domestic violence was held on 25-26 June 2003. The report of the seminar is scheduled to be published in 2004.

    A report on the prevention of corporal punishment of children and a manual for the organisation of awareness campaigns were prepared to be published in 2004.

    A follow-up seminar for the Recommendation Rec(2001)16 on the protection of children from sexual abuse is under preparation for 2004. The Recommendation was also translated into 8 additional languages.

    · Identifying the causes of violence linked with sports events and devising strategies to prevent it

    The handbook and recommendations on the prevention of violence linked to sports events published in 2002 was used as the background document for the conference on the prevention of violence in sports held in Lisbon, Portugal on 23-24 June 2003, assuring a wide distribution. As a follow-up to the conference, a report on the current situation regarding violence related to sports events in member states was prepared and will be published in 2004.

    A seminar on the role of fan clubs in the prevention of violence in sport was held in Budapest on 24-28 September 2003. As a follow-up, a Supporters' Charter and a conference on sport in intercultural dialogue are scheduled for 2004.

    · Identifying the causes of violence in schools and devising strategies to prevent it

    The report and declaration of the Conference on local partnerships for the prevention of violence in schools (Strasbourg, 1-2 December 2002) were finalised and will be published in early 2004. A manual on the topic and a teacher's handbook for managing conflicts in schools are under preparation and will be published in late 2004.

    Preparatory work for a high school students' charter for a democratic school without violence was initiated and is scheduled to be adopted by European high school students in 2004.

    A seminar on violence in schools was held in Moscow on 4-5 December 2003. Wide distribution and translation of Council of Europe documents on the topic in the Russian Federation is scheduled for 2004.

    Since the work carried out under this objective was only initiated in late 2002 or 2003, the final outputs will only be finalised in 2004.

    · Training young people and raising their awareness to prevent violence and manage conflicts

    Conference and seminar reports on youth policy responses to violence, youth against violence, and youth researchers studying violence were published.

    A training seminar “Working with boys and young men as a means to preventing violence” was held in Budapest on 17-23 March 2003 and the report will be published in early 2004.

    Draft youth policy recommendations on violence and young people were prepared. They will be debated and endorsed at a conference on the role of young people as partners in violence prevention, to be held on 7-8 June 2004.

    · Providing assistance for the victims of everyday violence and mediation in penal matters

    On the basis of a study on the impact of Recommendation Rec(99)19 on mediation in penal matters completed in 2002, a manual on restorative justice was prepared and will be published in 2004. A similar study on the impact of Recommendation Rec(87)21 on assistance to victims of crime will be undertaken in 2004.

    Two workshops on the development of youth justice systems in Europe were organised in Strasbourg on 5-6 June and 11-12 December 2003. A consolidated report of the seminars will be published in 2004 which will also include the Recommendation Rec(2003)20 on the prevention of juvenile delinquency, adopted by the Committee of Ministers on 26 September 2003.

    A training seminar on mediation in penal matters was held in Varna, Bulgaria on 16-17 May 2003, to launch a pilot project on the theme. The participants in the pilot project made a study visit to Belgium in December 2003.

    Project – Integrated management and service provision

    · Taking stock of past and ongoing CoE activities and making results available by appropriate means; acting as a clearing house for CoE sectors in assistance to transversal programme, policy and project development

    An updated bibliography of Council of Europe documents (often with hyperlinks to the actual text) related to violence prevention was made available on the website of the Integrated Project “Responses to violence in everyday life in a democratic society”. A series of summary booklets on different activity sectors were published.

    The secretariat of the project regularly briefed different activity sectors on violence-related activities and provided information about Council of Europe activities to the public through its website, publications, information seminars, network of pilot projects and contacts with other international organisations.

    · Identifying and implementing jointly with all partners activities to include in the IP programme and identifying the respective responsibilities of each partner

    Inter-secretariat meetings were held for each objective of the work programme to plan and steer specific activities. Project Steering Board endorsed the activity programmes and took stock of activity reports.

    · Setting up flexible mechanisms to boost sharing of knowledge between CoE sectors and committees

    The secretariat of the project held regular briefings with the Steering Committees involved in the work regarding everyday violence, along with inter-secretariat meetings to plan and steer specific activities. The project's website provided regularly updated information on activities, events and publications related to the project.

    · Co-financing, as appropriate, activities identified jointly with partner sectors and bodies

    Inter-secretariat meetings were held to identify and determine the needs for co-financing. The allocated funds were specified in the activity programme approved by the Project Steering Board. The departments involved also provided information on their share of funding.

    · Developing, together with partner sectors, a collaborative evaluation method for joint activities; running pilot evaluations of selected activities

    Inter-secretariat meetings were held to discuss the evaluation of the Integrated Projects.

    Line of action 7
    Human Dignity and Sustainable Development

    Programme: Development of sustainable societies

    Project – Building socially and economically sustainable societies

    · Develop a network of researchers in the field of social and economic activation policies

    Shortage of financial and human resources made it necessary to re-orient this project. The network of researchers has been developed on a different topic, namely the socially responsible economy (see below, specific objective “develop research into good practices on statements of ethics for the exercise of social responsibility”).

    · Enable policy makers and other actors to better understand the impact of changes in society on governance through the organisation of a forum on “Social Cohesion or public security: how should Europe respond to collective feelings of insecurity” (contribution to the Integrated Project “Making democratic institutions work”)

    The Forum was organised as planned and the proposed subject was confirmed by the CDCS. 180 participants from 23 countries took part. Presentations were made by several eminent speakers. Work on a publication is well advanced.

    · Develop an integrated approach to anti-poverty strategies

    Six young people from mountain regions in the South Caucasus took part in long-term training programmes in Spain and Italy on local economic and social development. The Italian partners are considering setting up an ongoing cooperation scheme with the South Caucasus regions.

    A study visit of 5 federal employment inspectors from the Volga region (Russian Federation) took place in Austria.

    Following up to earlier training activities in St Petersburg, study visits for a group of women entrepreneurs from St. Petersburg were organized in Spain and Italy.

    It is hoped that some of the partnerships set up by these programmes will now become self-sustaining.

    · Develop research into good practices on statements of ethics for the exercise of social responsibility

    Compendiums of good practice in the field of the socially responsible economy are being drawn up on a) ethical scoring systems, b) labels. Extensive contacts are being made in the member states in preparation of a forum on these themes to be held in autumn 2004, which could be the basis for the creation of an ongoing network.

    · Develop good practices in the field of social cohesion by designing integrated local projects and appropriate loan accompanying measures in the fields of health, housing, employment, education and culture in partnership with the Council of Europe Development Bank (Joint Programme)

    The Joint Programme of Cooperation with the Council of Europe Development Bank (JP CEB) provided expertise to both national policy makers and CEB management through the preparation and publication of pre-feasibility studies, regional sector reports, training seminars and loan accompanying measures. Following the decision of the Administrative Council of the Council of Europe Development Bank to discontinue the Joint Programme as of February 2004, new forms of cooperation between the two institutions will be considered. All projects currently being implemented will be completed by the end of 2004.

    Situation by country: (pre-feasibility reports are submitted to national authorities and to the Council of Europe Development Bank for possible ad-hoc loan requests)

    Albania: a pre-feasibility study on Employment and local development is currently being developed.

    Bulgaria: a pre-feasibility study on employment (cultural enterprises) was completed (in cooperation with DGIV), eligibility criteria for a CEB project on Roma and housing were developed. Two pre-feasibility studies on children with mental disabilities in institutions and on Housing and people with disabilities are ongoing.

    Croatia: two new Master's Degrees in Public Health were established in the framework of a 2.9 Million Euro CEB loan to the Andrija Stampar School of Public Health. Training seminars were carried out on Blood Transfusion Quality management.

    Moldova: A pre-feasibility study on the management of blood transfusion services was prepared and followed by a 6 Million Euros loan requested to the CEB and training seminars will be organised in 2004.

    Romania; A pre-feasibility study on the situation of street children was completed and was followed by a loan application to the CEB (amount under discussion). Training seminars on Blood Transfusion Quality management were also carried out and a pre-feasibility study on improving the quality of blood transfusion services will be prepared in 2004.

    Slovenia: A pre-feasibility study on local development (Karst Region) was completed (in cooperation with DGIV) and a study on developing universal access for people with disabilities is being developed.

    South-East Europe: Regional reports on housing-related issues were prepared and presented at the CEB/World Bank Ministerial Housing Conference for South East Europe (Paris, April 2003).

    Central and Eastern Europe: A multi-country pre-feasibility study on promoting access to social rights for Roma is underway.

    Project – Monitoring social trends

    · Facilitate the implementation of the concept of social cohesion through the use of social indicators

    On the basis of the results of the work carried out to date, four test applications of the social indicators have been carried out (France, Belgium, Portugal, Czech Republic).These studies have demonstrated the flexibility of the system of indicators, drawn up by the CoE, and have shown how they can be adapted by planners and policy makers at national, regional or local level to respond to their varying needs. Two more test applications of the indicators have been requested for early 2004 (Bulgaria, Ukraine). This will show to what extent the indicators may need to be used differently in transition countries.

    The CDCS has agreed to set up a multidisciplinary group of experts to guide further development of the work on social indicators.

    · Provide information to policy makers and Council of Europe bodies on relevant demographic developments and their impact for social cohesion

    The members of the European Population Committee (CAHP) have organised a number of hearings with the Parliamentary Assembly's subcommittee on demography and migration, Congress of Local and Regional Authorities of the Council of Europe and the Committee for Social Cohesion (5 hearings in total), drawing on their population studies from previous years

    and bringing policy makers the information produced within CAHP on demographic developments and their influence on social policies and social cohesion in general. As an example of the close cooperation between the Parliamentary Assembly and the CAHP, the two bodies have decided to organise jointly a European Population Conference in 2005, to promote dialogue between demographers and decision-makers.

    · Provide policy makers and the public with data and analyses on demographic developments

    The European Population Committee published eight reports in 2003 in the European Population Working Paper Series (4 volumes in the European Population Studies Series), presenting work carried out during the previous year, in the following fields: very low fertility, active ageing in Europe, contraceptive behaviour of young Europeans and the economically active population in Europe.

    In parallel, the 2003 research activities covered the areas of the reproductive behaviour of young Europeans, demographic implications of social exclusion in Eastern Europe, ageing in Europe and the economically active population in Europe (continued from 2002, part II). The reports have been finalised and will be published in 2004 in the European Population Studies Series.

    The reports and the publications were distributed to the relevant national authorities of the member and observer states, and to Council of Europe bodies (around 300 recipients in both languages). In addition to this, they were made available to the European Population Network through the website of the population sector.

    The objective was achieved; it should remain in 2005, although the number of reports will have to be reduced to 4, given the resources available and the need to prioritise for the planned European Population Conference.

    · Provide policy makers and representatives of other Council of Europe structures with a pan-European comparison of demographic indicators, in cooperation with the EU and the UN

    The 2002 edition of “recent demographic developments' yearbook, providing a synoptic, pan-European view of demographic indicators, as well as country-specific data was published (in English and French) in January 2003. The demographic yearbook is the flagship publication of the European Population Committee. The collection of data was a joint effort of the Council of Europe, the EU (Eurostat) and the UNECE. Over 1,600 copies were distributed or sold to individuals or organisations in Europe or to other bodies of the Council of Europe.

    Given limited resources, only pan-European data was printed, whilst country-specific data is available in electronic format in a CD-Rom accompanying the demographic yearbook.

    The presentation of the 2002 demographic yearbook to the Parliamentary Assembly in January 2003, and the subsequent press conference, showed a notable growth of interest in demographic questions among Parliamentarians, the journalists and the larger public. The objective should remain in 2005.

    · Provide a public virtual meeting point for the members of the European Population Network

    The restricted portion of the website of the population sector became fully operational in 2003. This website was used to disseminate to the European Population Network the studies and research prepared by the European Population Committee, CAHP meeting documentation and announcements of relevant demographic events.

    · Harmonise demographic data and demographic analyses in the Caucasus with European standards and recommendations

    This objective was re-oriented. In response to a request from the European Commission, the CoE contributed to a seminar on human resource management in statistical offices in South-East Europe. Resources did not allow work to be undertaken in the Caucasus as well.

    In 2004 no assistance activities are currently scheduled in the demographic sector. Shortage of resources makes it impossible at present to conduct a worthwhile programme. It should be recalled, however, that the CoE has been heavily involved in the monitoring and observation of the census in “the former Yugoslav republic of Macedonia” (joint operation with the European Commission and other international bodies).

    Programme: Environment and quality of life

    Project - Natural heritage, biological diversity, and environmental ethics

    · Implementation of the Bern Convention

    The Standing Committee of the Bern Wildlife Convention monitored the implementation of several of its previous recommendations and adopted ten new ones. It also dealt with six alleged violations of the Convention involving two on-the-spot appraisals. A number of instruments were adopted, including the European Strategy on Invasive Alien Species, an important tool to control biological invasions in Europe. Work in 2004 and 2005 aims to meet objectives of the Plan of Implementation of the Johannesburg World Summit on Sustainable Development and implement them at European level.

    · Implementation of the Pan-European Biological and Landscape Diversity Strategy

    The Council of Europe and UNEP successfully organised the “biodiversity segment” of the Kyiv Ministerial Conference “An Environment for Europe” and the Ministers of Environment adopted a Kyiv Biodiversity Resolution prepared by PEBLDS. The “Revised European Charter for the Protection and Sustainable Management of Soil” was adopted by the Committee of Ministers and its implementation will enable more “ecologically sound” use of our European soil. The third intergovernmental conference “Biodiversity in Europe" permitted the harmonisation of European positions for the 7th Conference of the Parties to the Convention on Biological Diversity, a highly political UN forum.

    · Consolidation of ecological networks

    Three new sites in Austria, Estonia and Hungary obtained the European Diploma for Protected Areas. The Bern Convention's Emerald Network was very positively developed in Albania, the Czech Republic, “the former Yugoslav Republic of Macedonia”, Georgia and Senegal. At the Kyiv Ministerial Conference "An Environment for Europe", the Ministers of Environment recognised in a statement the Pan-European Ecological Network as a major means for implementing the aim of the PEBLDS for the conservation and management of species, ecosystems, habitats and landscapes.

    · Management of environmental emergencies

    Following the "Prestige" tanker oil spill, a declaration was examined by the Committee of Ministers and transmitted to the governments of France, Portugal and Spain.

    Project - Sustainable spatial development and landscape policies

    · Promoting integrated spatial management and the enhancement of landscape heritage

    The 13th European Conference of Ministers responsible for Regional Planning (CEMAT), was one of the main political events in the context of sustainable spatial development and the implementation of the Guiding Principles for Sustainable Spatial Development of the European Continent (Committee of Ministers Recommendation Rec(2002)1). The Ljubljana Declaration on territorial dimension of sustainable development is therefore of fundamental importance to human rights for sustainable development. In 2004 and 2005, the Committee of Senior Officials of the CEMAT will prepare the 14th Session devoted to the following topic: “Networks for the sustainable spatial development – Build bridges across Europe”.

    · Promoting the transfrontier, inter-regional co-operation for sustainable territorial development

    The following documents were signed by Hungary, Romania, Serbia and Montenegro, Slovak Republic and Ukraine at the 13th CEMAT Session:

    - Declaration on co-operation concerning the Tisza/Tisa River Basin;
    - Initiative on the Sustainable Spatial Development of the Tisza/Tisa River Basin.

    · Promoting the entry into force and the promotion of the European Landscape Convention (Florence)

    In 2003, the European Landscape Convention was signed by three new States and ratified by six others. The second meeting of the Workshops of the European Landscape Convention were organised in Strasbourg on 27-28 November 2003 and several information meetings of the Convention were successfully organised (Armenia, Spain, Italy and United Kingdom). Now ratified by eleven States, the Convention will enter into force on 1 March 2004.

    · Increasing awareness and information of policy makers and the public on themes concerning territorial development, taking into account the natural, cultural and landscape heritage, and establishing a platform of exchange between specialised Ministries

    The Naturopa Magazine contributed to raise the awareness of European citizens and decision-makers regarding the importance of sustainable development of the European territory with the taking into consideration of natural, cultural and landscape heritage.

    Project - Development of communities through cultural heritage

    · Regional Programme for cultural and natural heritage in South-Caucasus / Institutional capacity building and management of historic cities

    The Regional Programme was successfully implemented in Armenia and Georgia, supported by Ministries and main institutions dealing with urban planning and urban management. Interministerial Commissions were created in both States. In Armenia, the Ministries of Urban Development, Culture and Natural Protection as well as the municipal authorities of the three pilot cities (Gyumri, Goris, Ashtarak) were involved. The detailed action plan for 2004 was drafted and should be completed in the early months of 2004. In Georgia, the Ministries of Culture, Urban Planning, Foreign Affairs, Economy and Finance, and the Parliament and the municipality of Tbilisi signed a “Memorandum of Understanding” defining terms of co-operation and mid-term objectives. The political situation in Georgia delayed the implementation of concrete action initially planned in the 2003 action plan. In Azerbaijan, conditions for joining the Regional Programme were politically accepted following recent contacts. General political conditions and methodological issues were secured with the perspective of achieving the expected outputs in 2004-2005.

    · Regional Programme for cultural and natural heritage in South-East Europe (RPSEE)

    All seven Governments (and Kosovo/UNMIK) officially confirmed their participation in the RPSEE. Co-ordination structures were set up and national partners were identified. Interministerial Commissions were, or are being, set up. Activities including assessment reports, implemented together with the European Union, are almost completed. Institutional Capacity Building action was implemented in Kosovo/UNMIK and Bulgaria, and preliminary audits have identified potential pilot sites within the Local Development Pilot Projects. The complex operational structure of the Regional Programme, and the strong political commitments and conditions requested of participating countries, slowed down the signature of master agreements. The potential scale of the project's political and technical objectives, as well as the number of institutional partners already involved, were encouraging.

    · Technical and legislative co-operation

    The pre-operational phase of the Pilot Project Karst (Slovenia) was successfully carried out, with the collaboration of the Council of Europe Development Bank. An “Operative Programme” was adopted for the Karst Regional Development Programme by the government of Slovenia.

    Line of Action 8
    Promoting European Cultural Identity and diversity

    Programme: Culture and Globalisation

    Project - Governance for cultural identity and diversity

    · Development of democratic cultural policies
    · Cultural policy and cultural diversity
    · Enlargement of the comparative study
    · Elaboration of a declarative text on cultural governance

    The expected output to co-ordinate five new states in a common project following an agreed methodology was partially completed: four of the five national reports expected were received. The text of the final expert report is to be published in 2004. The enlargement to five additional countries was also achieved. The expected outputs to develop international texts on cultural citizenship and on cultural governance were not fully completed. The late arrival of several of the constituent texts was due to the fact that all the activities of the Project were undertaken later than anticipated.

    · Continuation of the pilot project “Cultural enterprise and cultural diversity”

    Implementation of the first phase of the project was achieved in 2003 through the constitution of networks and country training exchange. The project also resulted in one unanticipated achievement in 2003 in Bosnia and Herzegovina: an International Seminar organised in Sarajevo in December 2003 which illustrated the Project through local case studies. The development of the cultural portal (website) for the regions was initiated and will be further developed in 2004-2005. The pilot project will continue in 2004-2005 under a new name: Creating Cultural Capital Project (CCC) (Project 2003/DG4/112).

    Project - Cultural development policies and Compendium of cultural policies in Europe

    · Challenges of contemporary society: an answer from cultural policies
    · Defining national strategies

    The elaboration of national strategies was carried on in Armenia, Azerbaijan and Georgia (see also under STAGE), in Cyprus, in Serbia-Montenegro, part 1-Serbia and part 2-Montenegro, in Kosovo/UNMIK and in “the former Yugoslav Republic of Macedonia” (see also under MOSAIC). The exercise has come to a close for Azerbaijan and Georgia, Serbia, Kosovo and “the Former Yugoslav Republic of Macedonia”; it will continue in 2004 in Armenia, Cyprus and Montenegro.

    · Sectorial studies

    The following issues have been mainly dealt with for the countries mentioned above: cinema, theatre, books, and museums. Those reports result in concrete proposals for action, including financing. The expected outputs have been reached thus, even though the reliability of the statistical data and the speed of change in the countries make things difficult. The trends for 2004/5 aim at harmonising the approaches and methods by the production of manuals.

    · Standard-setting texts

    The completed outputs vary considerably. The possible update of the Cultural Convention, managed at the DG IV level, is closely linked to the preparations for its 50th anniversary in 2004. The Convention concerning the audiovisual heritage has not yet come into force. An important output has been obtained in the implementation of the Recommendation (2000)13 on access to archives. (see LoA 6 “Confirmation of European identity through cultural projects”).

    · Compendium of cultural policies in Europe, and Research and information

    i. Compendium
    The revised Compendium (version 2003), comprising 32 European cultural policy profiles, was made available in an upgraded, more user-friendly and technically advanced format. Four new countries joined the online information system (2 will follow in early 2004) and 19 countries updated their profiles. The comparative view function was enhanced and additional topics/indicators were developed (on diversity and cultural consumption). The Compendium has been widely used and disseminated. Use increased by more than 100% since 2002 (average number of daily user sessions: 143). The success of this unique information resource was reflected also by proposals for awards, sponsoring and use by universities. The methodological work of 2003 on a monitoring/evaluation function for specific policy issues will bear fruit in 2004.

    ii. Research and information
    The Information and Documentation activities (I&D) supporting internal and external partners on the basis of research and information services were carried out in 2003 as expected. The services were used on a continuous basis: 330 information requests were answered, 517 e-mail info-alerts were dispatched and 22 bibliographical information bulletins were published. I&D co-operates internationally, which increases the visibility of the Council of Europe.

    · Managing change – regional cooperation and assistance to support the adaptation of cultural policies and institutions, training for cultural management, support of intercultural networks, actions to foster civil society and new partnerships and the elaboration of guides and manuals.
    · MOSAIC

    The evaluation of the cultural policies in the Southeast has been completed as mentioned above under “Defining national strategies”, and the national debates have implicated the civil society, indicator of democratisation. Assistance and training have been supplied to Kosovo/UNMIK, “the former Yugoslav Republic of Macedonia”, Albania, Moldova and Serbia. The transfer of experience between the countries of the region has resulted in the involvement of regional experts (more than 40%).

    · STAGE

    The expected results were achieved. The evaluation of national cultural policies in the three countries was finalised. Two national debates were organised in Georgia and Azerbaijan and the last national debate is to be organised in Armenia in 2004. This work allowed the creation of strategic plans for culture at national level in the three countries, of a dialogue between central and local levels and of co-operation with the emerging civil society. The development of sectoral cultural strategies in the fields of books, cinema, museums and cities, supported by assistance and training, was one of the major axes in 2003. The prolongation of STAGE for two more years (2004-2005) will allow twinnings and partnerships with cultural institutions and cities in other European countries.

    · Action Plan for the Russian Federation

    The objectives have been fully attained, even though, at the country's request, the topics of the seminars were somewhat modified. Three seminars were organised in 2003. They are a first answer to the challenges, which have arisen from the new funding systems, decentralisation and privatisation. They will allow, in the long term, to initiate new relations between the public sector, the cultural sector, civil society and the private sector. The feasibility study on entrepreneurship and trainings took place as foreseen.

    · Development of cultural policies for cities

    A pilot project was developed within the STAGE Project (see above) associating three capitals of the South Caucasus with Bursa, Plovdiv and Timisoara, in order to develop urban cultural strategies and exchange of good practice. Because of a lack of human and financial resources, the drafting of guides of good practice has been postponed until 2004. As the CDCULT member countries were not in favour of developing a separate new project on cultural policies for cities, this line of action will be continued within STAGE II 2004-2005.

    · Training and co-operation with cultural networks

    Co-operation with cultural networks is fully part of the MOSAIC, STAGE, Action Plan for the Russian Federation and Cultural Policies for cities projects.

    Programme: Visions of Europe

    Project - Cultural routes and Art Exhibitions (2004)

    · Challenges of contemporary society: an answer from cultural policies
    · Development of the European Cultural Routes programme

    The setting up of a partial Agreement has been shelved, awaiting the necessary number of countries ready to make a financial contribution. A website on the Routes has been created and a pilot project on regional cultural tourism around the Baltic Sea (“Balticness” project) has been prepared. Finally, a review has begun aiming to redefine the Routes and create a regional resource centre.

    · Development of the Art Exhibitions programme

    The preparation of the “Universal Leonardo”, a large exhibition planned for 2006, is following its course. A meeting of the Group of Consultants on Art Exhibitions could not take place in 2003 because of a lack of financial resources. It will be convened in 2004.

    Project - European Heritage Days and linking communities through civil society and young people

    · Promoting mutual understanding and participation through natural heritage and biodiversity – strategic approach

    48 countries took part in European Heritage Days, a joint initiative with the European Union, with the official launch was held in September at Glendalough and Dublin (Ireland). A special workshop on the interpretation of the heritage and the possibilities of a common theme ("Heritage at the Frontiers / Heritage from Elsewhere") was organised on the occasion of the annual EHD organisational meeting, to strengthen the European dimension and the concept of a common heritage.

    The pilot project "Europe, from one street to another", intended to sensitive young schoolchildren to the values of the common heritage and to encourage mutual understanding, especially that of the cultural heritage of diverse communities, was implemented for the second year. The internet forum created to support collaboration between different schools could not be used because of a problem encountered with the Council of Europe' s Cultural Co-operation site computer server.

    Programme: Cultural Heritage

    Project - Elaboration of a framework convention on cultural heritage in a changing society

    · Support the elaboration of heritage policies through the follow-up of conventions and brainstorming

    CDPAT decided, when it met in 2003, to redefine the various aspects of this particular objective (monitoring the Granada and Valetta Conventions, interpretation and digitisation of cultural assets) and to focus its efforts on the elaboration of a project to create a Framework Convention on the cultural heritage. CDPAT committed itself to the elaboration of the Framework Convention project with the help of a Select Committee of specialist experts and consultants. During 2003, CDPAT adopted a working method intended to complete this project by the end of 2004, and made significant progress on the text. Useful contacts were made at the same time with a view to coordinating the Council of Europe text with the proposed instrument on cultural diversity which UNESCO launched in November 2003.

    Project - Policies and common standards for heritage

    · Co-operation and on-site action for capacity and institutional building, reinforcement of good governing principles, the dissemination of the Council of Europe standards and the implementation of sustainable development strategies, particularly in the regions identified as priority regions by the Council of Europe

    Experts' consultation and contributions were multiplied in order to complete the comprehensive drafting of the “guidance on rehabilitation policies”. Consultation was enlarged to members of the Steering Committee for Cultural Heritage in order to obtain their support before publishing the book. The guidance is to be published in 2004.

    · The HEREIN network and updating its co-operation methods

    The phase of establishing the HEREIN information system financed by the European Union was completed in June 2003 with the extension of the data base to cover the cultural heritage policies of about thirty countries, the organisation of a meeting of the network correspondents in Cyprus and the establishment of services for public administrations and professionals. The design of the www.european-heritage.net site emerged and an interactive information system was studied, ready to facilitate drafting of the Framework Convention on the cultural heritage during 2004. Additionally, reflection began on the future management structure for the HEREIN system together with the compendium of cultural policies.

    Line of Action 9
    Investing in Europe's future through Education and Youth

    Programme: Education for democratic culture

    Project - Education policies and practice for democratic citizenship and human rights education

    · To help define European standards for EDC and human rights education policies and practices

    National policies on Education for Democratic Citizenship across Europe were mapped out and presented in five regional reports (Eastern Europe, Northern Europe, Central Europe, Southern Europe and South Eastern Europe) as well as in a synthesis report (the All-European EDC Policy Study). They were presented during a European Seminar in Strasbourg, 11-12 September 2003.

    The reports provide a systematic description of EDC policies across Europe. They also analyse the differences between political statements, policy intentions and implementation measures. Subsequently validated by the Steering Committee for Education, they will be published in the beginning of 2004. These reference documents will be instrumental in assisting policy makers in building up and improving EDC and HRE policies at the national level in 2004 and 2005 (European Year for citizenship through education) and serve as a basis for the development of practical tools for the implementation of such policies.

    The preparation of a document on EDC policy options had also been foreseen; due to difficulties with gathering data in member states, this could not be achieved.

    · To assist member states with the concerted implementation of EDC policies and practices

    The Committee of Ministers' Recommendation (2002) 12 on education for democratic citizenship was disseminated very widely. It is already accepted by member states as the basic reference text for the development of EDC. Dissemination/implementation activities were organised by 11 member states (Austria, Bulgaria, Croatia, Germany, Greece, Malta, Norway, Poland, Portugal, “the former Yugoslav Republic of Macedonia” and Switzerland) and bilateral activities under the Joint Programmes with the EC took place in Armenia, Georgia, Moldova, Russian Federation, Serbia and Montenegro and Ukraine.

    The network of EDC coordinators, consisting of one member from each state party to the European Cultural Convention, was consolidated. Two meetings were held, in Finland and in Switzerland. The network favours exchange of information and good practice and increases the visibility of the Council of Europe's work. It is therefore of utmost importance that the network continues to exist in the coming years.

    · To improve democratic education governance, in particular in schools

    This objective has been implemented in co-operation with Integrated Project I: “Making Democratic Institutions Work”, the DG III Forum on children and the Higher Education and Research Division.

    The foreseen handbook on democratic school governance was replaced by a study on “The School – a Democratic Learning Community”. This study contains information from a number of European education systems on the issue of pupil/student/parent participation and on a legal basis, supportive frameworks and innovative practices for such participation. In Moldova, a seminar on higher education reform dealt with the question of democratising higher education institutions. The work on democratic school governance, which is one of the main issues of EDC will be developed in 2004 and 2005 through the preparation of instruments for school-based self-evaluation.

    · To disseminate the educational methods leading to EDC skills and competencies, including those for intercultural dialogue and peaceful conflict resolution

    The EDC website has been considerably updated and made more user-friendly, through better presentation and simplification. All the main documents, on concepts as well as implementation, prepared in the framework of the EDC project, have been made available on the site. The work on the site is not finished however and will be pursued in 2004.

    The interactive teaching methods and modules prepared in the framework of the Brcko programme (see below) have been presented in several fora and will be developed further in 2004 and 2005.

    The Euro-Arab dialogue activities continued to be successfully enhanced in 2003, through regular contacts between ALECSO (the Arab League Educational, Cultural and Scientific Organization) and the Council of Europe. Teachers from Arab countries participated in the Council of Europe teacher training seminars and a joint seminar Council of Europe - ALECSO on the use of new information technologies in education was held in Alexandria in December 2003.

    · To train for the acquisition by teacher and trainers of EDC skills and competencies, including those for intercultural dialogue and peaceful conflict resolution

    Under the joint programme with the European Commission for Bosnia and Herzegovina (2002-2003 and 2003-2005), teachers are being trained to take over full responsibility for Human Rights Education and teaching modules are being developed in co-operation with them. Some 3000 teachers had been trained by Council of Europe experts at the end of 2003. A teaching module on children's rights for primary schools has been developed at the request of the Ministry of Education of Republika Srpska (RS). Similar modules for primary schools in the Federation of Bosnia and Herzegovina (FBiH) and in secondary schools in both RS and FBiH are planned for 2004.

    A HRE teacher training programme for Serbia and Montenegro (2003-2005) began in autumn 2003, and in 2004 a new joint programme for human rights teacher training in North-West Russia will be launched.

    Project - History Education and its contribution to democratic society and citizenship

    · Follow-up to the Tbilisi Initiative

    All the texts for the textbook on the history of the Caucasus were finalised and discussed with the countries involved. The textbook was not published as foreseen for two reasons: the involvement of new partners (Turkey) and the quality of a number of illustrations supplied by the countries need to be improved. A reduction in the budget also prevented the organisation of a follow-up regional seminar on new interactive methods in teaching history. The textbook should be published by the end of 2004 and the Final Conference to present the results of the Project should take place in Tbilisi, Georgia, in May-June 2005.

    · Finalisation of the Black Sea Initiative on history.

    The work on the preparation of the Teaching Pack is completed. The proofs have already been prepared by the Norwegian Publishing House “Gyldendal”. The book will be available in May 2004. The Final Conference to present the teaching pack will take place in Sochy, Russian Federation, in September 2004. The Teaching pack was not published in 2003 as planned because more time was needed for the countries to supply illustrations and provide copyright letters for them.

    · Continuation of the programme of activities in the Russian Federation

    The Third National Stocktaking Conference was organised to evaluate the work in the Russian Federation on history teaching in 1999-2002. During this, the Council of Europe, in co-operation with the Ministry of Education of the Russian Federation and regional authorities, organised activities on history teaching in 10 different regions involving about 700 participants. More than 50,000 copies of reports and publications with examples of good practice, prepared by the Council of Europe, were disseminated. The most important publications were translated into Russian.

    As a result of this programme, new textbooks on regional history were prepared in 2003 in Stavropol, Kaliningrad and the Far East regions; new interactive methods in teaching history promoting tolerance and reconciliation started to be implemented in the programmes of the in-service teacher training institutes in seven regions of the Russian Federation. More than 30,000 history teachers have already been trained according to these new programmes.

    In 2003, a new co-operation programme was launched. It will focus on the initial training of history teachers and on how to teach history in a regional context.

    · Continuation and further development of the programme of activities in South East Europe (cf. to date, all the activities have been carried out through the Stability Pact, all with voluntary contributions).

    All the activities planned took place and involved about 500 participants. They focused on the most important issues in teaching history such as curricula and standards, the preparation and publication of new history textbooks, in-service training of history teachers and new methods in teaching history, including how to teach minority history and controversial and sensitive issues. All the reports planned were prepared. The Recommendation Rec(2001)15 on history teaching in twenty-first-century Europe was translated into the main languages of the region. “Multiperspectivity in History Teaching - a Guide for Teachers” - has been published and is available in eight languages of South East Europe as well as in Russian and Ukrainian.

    · New Council of Europe project: the European Dimension in History Teaching.

    Two progress reports on the Project on the European Dimension in History Teaching have been prepared by the Project Adviser. The CD-ROM Group met with the participation of a member of the CD-ROM developer company. Two symposia on the key dates and events which have shaped Europe were organised: 1848 (Braunschweig) and 1945 (Yalta). The keynote presentations from the symposia will be edited in the first half of 2004. They will be a part of a publication to be prepared at the end of the project in late 2005 together with the keynote presentations from the other symposia to be organised in 2004 and 2005. After the Symposium on 1848, a working group was set up in Germany and the results of its work will be included in the CD-ROM together with the other materials collected.

    Project - Teaching Remembrance - Education for the prevention of crimes against humanity

    · Support the implementation in member states of an annual Day of Remembrance for the Holocaust and for the prevention of crimes against humanity

    A folder and different publications as well as a leaflet were produced for a wide dissemination in 2004, particularly in member states which are now implementing the “Day of Remembrance”. There are more and more States involved, (for example, Luxembourg, 10 October; Croatia, Liechtenstein and Switzerland, 27 January). These different documents are available and can be downloaded on the new website of the project.

    Different seminars have been held (Romania, Israel in co-operation with Yad Vachem) and the reports have been published as pedagogical material for teachers.

    Project - Promoting linguistic diversity in multilingual societies

    · To promote the teaching and learning of specific national and regional languages

    “Reference descriptions”, which define levels of language proficiency in detail were completed for two more national languages, which brings the total number of such planning tools for national or regional languages close to 30.

    In a spirit of innovation and after consultation with key actors in the field, in 2003 the project has concentrated on replacing the previous (Threshold Level) conceptual model for 'Reference descriptions' or levels with a new model based on the six levels of the Common European Framework of Reference for Language: Learning, Teaching, Assessment (CEF). International teams are applying the new CEF model to Reference descriptions for the German and French languages. The principal difficulty encountered concerned the application of the new model to the two highest proficiency levels of the CEF, and this will be addressed by an expert group in 2004.

    In addition, with a view to promoting greater diversification in the teaching of national or regional languages, a Guide for the development of language education policies in Europe was disseminated in all member states (a full technical version for advisers and a shorter executive version for deciders), accompanied by a series of 19 supporting studies on specific policy issues. Initial feedback is positive and further analysis is expected during 2004.

    · To develop proposals (and if possible descriptors) for the evaluation of intercultural communicative competence (ICC)

    Three sets of generic elements were developed to help learners of different ages in reflecting upon and evaluating their intercultural competence, and several studies were commissioned and published on the topic. The elements provided were considered a useful addition to the intercultural dimension in the Common European Framework of Reference for Languages (CEF) and helpful for use with the European Language Portfolio. However, it was decided that conventional approaches to developing descriptors for the evaluation of intercultural competences might be usefully complemented with other approaches reflecting the 'organic' nature of the development of this complex competence and this will be addressed in 2004.

    · To co-ordinate the European Day of Languages

    This annual event was successfully prepared and coordinated by the Language Policy Division in close co-operation with the European Centre for Modern Languages (ECML). The dedicated website was updated and expanded, including a database of good practice from previous years, and stickers were produced and disseminated in all participating countries, by the ECML. Over 600 events were held in 40 countries in a range of sectors and for various target groups.

    Other

    In addition to the above, the Language Policy Division has carried out or contributed to a wide range of bilateral assistance activities (often transversal) concerning the development of language education policies for minorities. This reflects the increasing emphasis in its programme, particularly evident in 2003, on policy-oriented (rather than didactic-based) projects to promote linguistic diversity, and which it is hoped to develop further in future years.

    Programme: European dimension of school and out-of-school education: policies and practice

    Project - European dimension of education policies and programmes

    · To highlight the tendencies of New Information and Communication Technologies (ICT) evolution within the European education systems and giving replies in view of the challenges raised by their future development

    The project was completed and finalised in 2003. Three European studies concerning the role of teachers in the communication society were produced within the framework of the project. The English version was published. The French version will be published in 2004.

    The draft resolution approved by both the CDED and CDESR committees, on the integration of information and communication technologies (ICT) in education systems in Europe, was adopted by the Ministers of Education in Athens (10-12 November 2003).

    Considering the interest shown by other international organisations for this subject it may be considered if it would not be advisable to carry out other activities in the future relating to this issue.

    · Review of key issues in education reform

    The third "Prague Forum" (April 2003) allowed for a discussion among high-level professionals to discuss the question of quality in education. The objective was, in particular, to examine how to measure the integration, by pupils, of values such as mutual respect, dialogue and democratic principles. Given the excellent quality of the Prague encounters, the wish has been expressed that they be continued.

    The proceedings of the 3rd Forum have been published. The Steering Committee for Education will examine, in 2004, the opportunity of continuing to organise these events.

    · Preventing and combating violence at school (contribution to Integrated Projects IP)

    The Education Directorate provided experts from the education field to participate in the Conference organised by the IP 2 project at the end of 2002. A publication on this conference came out in 2003 (see also above).

    · Implementing the annual Europe-at-School competition (with the EU, the European Parliament and the European Cultural Foundation)

    The Committees in charge of implementing the Europe-at-School competition are co-operating in an increasingly effective way. This progress may be seen e.g. in the link that has been made between the "European Year of Citizenship through Education" planned for 2005 and the choice of the theme for the competition in 2004.

    An outline of a Charter of high school students for a democratic school without violence is being prepared. This Charter would be drafted by the students themselves, on the basis of a consultation with four or five schools by member state. The synthesis of the consultation would be prepared in 2004.

    · Organising network for school links and exchanges (ESSSE)

    This activity could not take place as there were no voluntary contributions.

    Project - Policies for plurilingualism among citizens

    · To develop ready-to-use options for a more precisely defined and extended common core for the European Language Portfolio (ELP)

    The European Validation Committee accredited 17 portfolios in 2003 (bringing the total to 54) in a more streamlined accreditation process. Elements for an extended ELP common core covering six areas of content and designed for different education sectors/age groups were developed. A number of common elements, including templates and a bank, of high quality descriptors will help maintain high standards for new portfolios. The full impact of the new elements in facilitating the validation process can then be evaluated in 2004 when a consolidated report will be prepared on the impact of the ELP in 2001-2004.

    Co-operation with the European Commission has lead to the recognition and promotion of the ELP. This instrument is included in the Action Plan of the European Commission “as an instrument to help people appreciate and maximise their language competences”. It is also one of the documents to be included in EUROPASS, a single framework for the transparency of qualifications and competence currently being developed by the European Commission in the form of an electronic database. The issue of electronic portfolio will therefore be addressed in 2004.

    · To assist member states, who so wish, in a 'self-evaluation' of their language education policy

    This is a new activity whereby expert assistance has been or is being provided to authorities in a 'self-evaluation' of national language policy in education with a view to developing new policy proposals. The process, which results in a ' Country Profile', has been completed for two countries and initiated for three others.

    The initial response from participating countries has been very positive as seen from the fact that five countries have applied for this policy assistance in the first two years. In the case of the two countries for which the process has been completed, the results are being used for further national debate and for policy planning purposes. It has led countries to examine the extent to which national policies reflect Council of Europe policy as stated in Recommendations of the Committee of Ministers and of PACE.

    · To provide member states with Guidelines for relating their examination/certification standards to the Council of Europe's common European system of levels of proficiency

    In response to the needs of examination providers in member states, a Manual is being prepared with guidelines to relate examinations/certification standards in a reliable manner to the levels of proficiency in the CoE's Common European Framework of Reference for Languages. A draft has been produced and disseminated in a pilot scheme involving the major pan-European certification bodies and a representative selection of national examination bodies. In addition, illustrative material was prepared including videos of oral performance and reading items.

    These CoE standards have now been adopted by the great majority of member states and also by the European Union and the major pan-European certification bodies. UNESCO is now considering their adoption. The common standards have led to co-operation with the European Commission and other partners in promoting European transparency in language competence and qualifications and this will be further developed in 2004/2005.

    Project - European dimension in training of practising educators

    · In-service training for educational staff on topics related to Council of Europe work

    In 2003, 58 European in-service training seminars for educators were organised with funds from voluntary contributions from the member states, as well as 4 annual seminars held in close co-operation with the Donaueschingen Academy. 2003 marked the 25th anniversary of this
    co-operation. 509 European teachers benefited from travels grants in order to participate. During
    2003 emphasis was placed on the increasing need for the themes of seminars to correspond with the priorities of the education sector.

    The 11th Plenary Meeting of National Liaison Officers was held in June 2003 and dealt with work optimisation and the reduction of indirect operational costs. An evaluation of the project is in process.

    Project - Reform of education legislation and structures in priority countries

    · To develop and adopt country specific strategies, Framework Programmes of Co-operation and annual Action Plans for the assistance activities in the field of education.

    New, multi-annual Framework Programmes for Co-operation (FPC) were adopted with the Ministries of Education of Bosnia and Herzegovina (Republica Srpska and the Federation of BiH) and with Serbia and Montenegro (ministries of both Republics). Annual Action Plans for Activities were agreed for 2003 with the Russian Federation, Armenia, Azerbaijan, Georgia, Serbia and Montenegro, and the two Entities of Bosnia and Herzegovina. A specific, targeted plan of co-operation with Moldova was implemented under the Organisation's Targeted Co-operation Programme. Specific programmes were not adopted with the Ministries of Education of "the former Yugoslav Republic of Macedonia" and Ukraine, due to insufficient funding and insufficient activities to be carried out in the year. The FPCs contributed to improve targeting of assistance activities in these countries and the increased visibility of their impact with the partner ministries and national stakeholders. This seems to be mainly due to the fact that the FPC and its associated Action Plan provide partners with a systematic instrument for co-operation with the Council of Europe in the area of education.

    · To continue to co-ordinate and implement Framework Programmes of Co-operation with the Russian Federation, the South Caucasus, Bosnia and Herzegovina and Serbia and Montenegro

    While it has not been possible to implement every project proposed in the FPC in each year, due to limited financial and human resources; in 2003 there was a much greater level of implementation under the FPC with Bosnia and Herzegovina and Serbia and Montenegro and a lower level of implementation with the South Caucasus countries. This was due to the need for the two new member states to fulfil accession commitments as well as to a very pro-active role of their Ministries of Education in preparing and implementing in the field activities.

    · To promote effective educational reform in the priority countries through needs responsive projects (focus on legislation)

    Expert opinions on draft legislation and/or direct support for drafting of new legislation were provided in 2003 to Serbia (draft law on primary and secondary education, adopted), Montenegro (draft law on higher education, adopted; draft law on education for special needs, adopted), Bosnia and Herzegovina (State-level law on education, adopted; State-level law on higher education, in parliament), Moldova (advice on 1995 law on education, to be re-drafted), "the former Yugoslav Republic of Macedonia" (law on higher education), Armenia (draft law on higher education, now in parliament) and Georgia (draft law on higher education). Additionally, the Targeted Co-operation and Assistance Co-ordination Unit organised a regional seminar on drafting higher education legislation for Ministries of Education of South East Europe.

    · To provide flexible and rapidly responsive practical support to the development or implementation of reforms in specific situations (i.e. Kosovo/UNMIK, Chechnya, Belarus, Federal Republic of Yugoslavia accession, etc.)

    A draft law on education for Chechnya has been developed in partnership with the Ministry of Education of the Republic of Chechnya and the Ministry of Education of the Russian Federation. The draft will be reconsidered following parliamentary elections in the republic. Contacts have been re-established with relevant stakeholders in Belarus and co-operation for education reform is planned in 2004. There were no other specific requests.

    · To implement the CIS regional project “Education Policy and Minorities” with its regional and bilateral components

    During 2003 national working groups were established under this project for Armenia, Azerbaijan, Georgia, Belarus and the Russian Federation. While the working groups for Armenia and Azerbaijan completed their work in 2003, the work for Georgia, Belarus and the Russian Federation will be completed in the first half of 2004. It was therefore not possible to hold the regional conference in 2003, which has been postponed to autumn 2004.

    · To enhance the visibility and impact of the targeted co-operation and assistance activities of the Education Directorate (both internally and externally)

    The visibility of the targeted co-operation and assistance activities of the Directorate has been maintained and improved through internal structures as well as through the participation of experts and the Secretariat in external events (Stability Pact events, Salzburg seminar, World Bank, etc.). On the other hand, the regional fora for the co-ordination of co-operation programmes and priorities (South Caucasus Ministers' Conference, Conference of Ministers of Education of SEE, meeting of the Director with the Minister of Education of the Russian Federation) have been postponed to 2004 for diverse reasons related to elections, scheduling and budgets. While these events have not been held in 2003, their postponement has not created a communication or co-ordination gap due to the maintenance of dialogue through Secretariat missions, field office support and contacts through the Steering Committees.

    · To design and launch a regional project on reform of teacher training in South East Europe (initial and in-service teacher training with special focus on the areas of civic and human rights education, history education and “culture of religions”)

    While work continued in the area of teacher training for civic and human rights education as well as history education in the region, a full-scale regional project on reform of teacher training in the region has not yet been launched. The issue of the regional project will be addressed at the forthcoming Informal Conference of Ministers of Education of South East Europe in late April 2004 at which time a more informed decision, taking into account the commitment of the stakeholders and of the national authorities, will be made.

    Programme: Towards a European Higher Education Area

    Project - Policies for European Higher Education reform / Bologna process

    · To encourage the reform of higher education in Europe

    The Council of Europe, through the Chair of the CDESR and the Secretariat, has provided very substantial input to the Bologna Process and to the wording of the Communiqué adopted by the Ministers of the Bologna Process at their meeting in Berlin on 18 – 19 September. The Council of Europe has also provided substantial input to all “Bologna” seminars organised in 2003 i.e. the seminars on the social dimension of higher education, qualifications structures in higher education in Europe, integrated programmes, lifelong learning and student participation in higher education governance.

    The Council of Europe is now recognised as one of the major actors in the Bologna Process, which has significantly increased the Council's profile among higher education policy makers in Europe.

    · To promote the enlargement of the European Higher Education Area (Bologna Process)

    The number of countries participating in the Bologna Process increased to 40 with the accession of Albania, Andorra, Bosnia and Herzegovina, the Holy See, the Russian Federation, Serbia and Montenegro and “the former Yugoslav Republic of Macedonia” in September 2003. The Council of Europe played a key role in preparing the accessions and in revising criteria, which now include membership of the European Cultural Convention combined with specific written commitment as to the implementation of the goals of the Bologna Process. Council of Europe seminars in Albania, Bosnia and Herzegovina, the Russian Federation, Serbia and Montenegro and “the former Yugoslav Republic of Macedonia” have helped orient national reforms and policies towards “Bologna standards”, as has work on higher education legislation in Bosnia and Herzegovina and “the former Yugoslav Republic of Macedonia”. In autumn 2003, the Council of Europe organised an introductory seminar on the Bologna Process in Ukraine, which has formally applied for accession to the Bologna Process, and on higher education governance and reform in Moldova. The Council also organised follow-up seminars to the Berlin conference for the Russian Federation and the four new South East European countries acceding to the Process.

    · To improve the management, protection and enhancement of the European university heritage (in cooperation with CDPAT)

    A draft recommendation and its explanatory memorandum were submitted to the plenary sessions of the CDESR and CDPAT in October 2003. The CDESR expressed its general agreement with the content of the text but asked that it be reviewed to ensure that it does not interfere with the principle of university autonomy. A small working group will be established to undertake this review in the first half of 2004, with a view to resubmitting the draft recommendation to the two Committees.

    The planned publication on current challenges in the management of university heritage has been delayed.

    Project - Recognition of qualifications and academic mobility

    · To increase the recognition of qualifications in the European Region

    In the course of 2003, the number of ratifications of ETS 165 (Lisbon Recognition Convention) increased from 31 to 33, while one additional country signed the Convention pending ratification. The number of ratifications and signatures was 44 at the end of 2003. A draft recommendation on the recognition of joint degrees and its explanatory memorandum were approved by the ENIC Network in 2003 and will be submitted to the Lisbon Recognition Convention Committee in 2004 for adoption as a subsidiary text under the Convention (cf. Article X.2.5).

    Reference to ETS 165 as standards in the context of GATS has been made repeatedly, by the Council of Europe and others, including at the UNESCO Global Forum and the UNESCO “World Conference on Higher Education + 5”, and ETS 165 now seems on the way to broad acceptance.

    Project - Public responsibility for Higher Education / GATS

    · To increase the recognition of qualifications in the European Region

    A part of the objective outlined for project 1994/DG4/104 Recognition of qualifications and academic mobility is relevant also for this objective and has been implemented.

    A new CDESR project on public responsibility for higher education and research was launched in autumn 2003 and aims to organise a major conference in Strasbourg on 23 – 24 September 2004, with some follow-up in 2005.

    Project - Higher education governance

    · To improve higher education governance in Europe (Contribution to IP)

    A survey on student participation in higher education in Europe, based on replies from 36 of the 48 States party to the European Cultural Convention, was completed and presented at the “Bologna” seminar on student participation (Oslo, 12 – 14 June). The survey shows that legal provision for student participation is well established, but that actual student participation in higher education governance, and in particular voter turnout in student elections, has a considerable margin for improvement. The outcomes of the survey form an important part of the basis of a new CDESR project on higher education governance launched in autumn 2003, with a broader scope than student participation and scheduled for completion in 2005/2006.

    Programme: Youth Policies

    Project - Youth policy development and research

    · To improve youth policy formulation and implementation

    The elaboration of youth policy indicators as a tool for assessing youth policies was completed. The elaboration of guidelines on the formulation and implementation of youth policies was partly completed. The guidelines which concern how to implement youth policies will be finalised in 2004.

    Two conferences on youth policy development were organised in Bosnia and Herzegovina and the Russian Federation. Two training courses on the promotion of youth participation at local and national levels were organised in Azerbaijan.

    In the framework of the new partnership agreement with the European Commission on youth research, three research seminars on youth policy related issues as well as a European meeting of youth researchers were organised. The establishment of a database on youth policy was initiated.

    The development of youth policy indicators and guidelines, combined with field assistance activities on youth policy, has enabled to establish a coherent approach for the implementation of the above objective, and has provided useful tools for a number of countries which are in the process of establishing youth policy.

    · To promote co-operation between NGOs and local, regional and national authorities in developing youth policies at local, regional and national levels

    Three joint training courses for NGYO leaders and civil servants in charge of youth were organised in Armenia, the Russian Federation and Turkey. In Serbia and Montenegro, a seminar on co-operation between youth organisations, including representatives from Serbia, Montenegro and Kosovo/UNMIK was also organised.

    As a result, a few co-operation projects between the different partners involved were developed, and an Internet communication group in the far-East region of the Russian Federation, was established.

    · To improve youth information structures and processes

    Within the framework of the Partnership Agreement between the Council of Europe and the European Agency for Youth Information and Counselling (ERYICA), a comparative study on youth information policies and structures was completed, which will serve as a basis for the revision of Recommendation N° (90) 7 from the Committee of Ministers on youth information. A European training course for staff in charge of youth information was also organised.

    The main difficulty was to develop a clear vision of the importance and the place of youth information within youth policy. This question will need to be further clarified in order to improve the relevance and effectiveness of the said Partnership.

    · To analyse national youth policies, to disseminate the results to interested audiences and to advise governmental and non-governmental youth structures on the development of national youth policies

    Two countries underwent an international review of their youth policy, namely Malta and Norway. The reports of the reviews, together with recommendations addressed to the respective governments, were presented during a public hearing in each of the countries, and to the statutory bodies of the youth sector. Furthermore, youth policy advisory missions were organised in Croatia and the Czech Republic, on the request of these countries, with a view to assisting the respective governments in specific aspects of their youth policy.

    A preparatory meeting for a seminar to be held in 2004 on the relationships between Child, Youth and Family policies was postponed until next year, due to the difficulty to find experts available on the date foreseen. In any event, the seminar will be organised as planned.

    Both youth policy reviews provided an opportunity to successfully make use of the youth policy indicators and guidelines as referred to under “To improve youth policy formulation and implementation” above. Significant improvements were acknowledged as regards the quality and outputs of the reviews. In future, efforts should focus on following up the recommendations addressed to governments.

    Project - Quality development and support measures

    · To sustain and further develop the quality of education and training activities of the Council of Europe's youth sector and of those carried out with its support

    Fifty-seven multipliers in the youth field from all over Europe were trained and acquired competencies in international youth work, project development, intercultural communication and training. Several youth projects were developed by the participants as a result of the training courses. 163 young people from all over Europe acquired language skills (English, French, German, Italian, Spanish and Russian) as well as intercultural communication and youth work competencies. The training programme “Advanced Training for Trainers in Europe” (ATTE) resulted in 30 highly competent European youth trainers. Approximately 850 youth workers were affected first-hand through the multiplier effect of training projects developed and implemented by the participant trainers, who also developed 15 studies and texts related to quality in European youth worker training.

    Two Training Kits (“T-Kits”) on European Citizenship and Social Inclusions were published in print and on-line. Two issues of the youth magazine “Coyote” and one supplement (5,000 copies each) on theory and practice of youth training were published and distributed Europe-wide to youth workers, trainers, NGOs, statutory bodies, governments and youth authorities.

    The work on quality standards, evaluation, validation and recognition in the field of non-formal education and youth training continued with the following output: a recommendation of the Committee of Ministers on the recognition and promotion of non-formal education/learning was adopted. A conceptual framework of quality criteria was established. A study on the necessary competencies of youth trainers was completed. A systematic inventory of European level training activities with a view towards a respective typology was developed. A feasibility study on the creation of a European portfolio for youth leaders and youth workers was done. A joint working paper of the Council of Europe and the European Commission on validation and recognition of education, training and learning in the youth field was drafted. A Training Kit on quality standards could not yet be developed due to the complexity of the subject.

    Assistance was provided to the establishment of a European Network of Youth Centres, which comprises ten members. Other youth centres have expressed their willingness to join.

    · To support the activities and development of non-governmental youth organisations in Europe and the emergence of innovative participatory youth projects

    One study session was organised in co-operation with a youth NGO, involving 35 multipliers in the youth field in member states and resulting in increased networking between the participants and an inventory of methods used in youth training. The number of study sessions in this project was less than expected since there were not enough eligible applications from youth NGOs on this topic.

    The European Youth Foundation (EYF) supported more than 250 projects of youth NGOs, most of them contributing to the priorities of the youth sector and the respective projects: 117 international youth meetings involving approximately 14,000 young people (40% increase), 41 international information and publication projects and more than 100 pilot projects. The EYF also provided grants to 51 international youth NGOs and networks for administrative costs related to international youth projects. The total financial support amounted to approximately € 2.9 million. The number of applications to the EYF increased by some 60 % to 600. 17 % of the applications were submitted by organisations applying for the first time to the EYF.

    The impact of the EYF has evolved in the following ways :

    - a significant increase in the number of young people and youth organisations in the Foundation's activities,
    - a doubling of the number of requests received for pilot projects on “Human Rights Education”,
    - a decrease in the average financial support provided by the EYF to projects.

    The Solidarity Fund for Youth Mobility, financed by the International Union of Railways, supported 40 international mobility projects (out of 60 applications received ), involving approximately 2,500 disadvantaged young people from member states. The total financial support amounted to approximately € 130,000, representing an increase of 15 % compared with 2002.

    Thirty-three study sessions, held at the EYCs in co-operation with youth NGOs , received financial and educational support. They are reported in more detail under the different projects of the youth sector to which their topics relate.

    · To promote the youth programme 2003 to 2005 with a recognisable identity of the youth sector of the Council of Europe

    A new graphic line for the publications, educational and training material, and reports of the youth sector was developed. The website of the youth sector was updated and redesigned with some new features to provide for more user-friendliness and better accessibility of information. A number of publications and other public relations materials were produced.

    · To monitor and evaluate the implementation of the youth programme 2003 to 2005

    The development of an integrated information system for all activities of the Council's youth sector was started in 2003. In a first phase, a management software for the European Youth Foundation was developed, providing for efficient monitoring and evaluation. An expansion of this software to include all other activities of the youth sector is planned for 2004. This development could not be fully completed in 2003 due to lack of financial and human resources.

    The Monitoring Groups of the 5 projects run by the youth sector met twice in 2003. Their reports to the Programming Committee on Youth were positive and constructive.

    Programme: The importance of sport in modern society

    Project - Sport for All in Europe

    · Increasing the impact of the European Sport Charter, especially in the area of sport and physical education for children and young people and for various disadvantaged groups

    A project prepared by the CDDS (“European Crossroads: Sport, Front Door to Democracy”) for consideration within the European Year of Education through Sport 2004 was submitted to the European Commission and has been approved by the advisory committee for “the Year”. The project will concentrate on the training of young sports leaders.

    The conclusions of the Informal Meeting of Sports Ministers at Warsaw (September 2002) provided the basis for the text submitted by the CDDS to the Committee of Ministers leading to the adoption of Recommendation Rec(2003)6 on improving physical education and sport for children and young people in all European countries.

    A summer camp for displaced and refugee children was organised by the CDDS in Armenia from 30 June to 13 July 2003. A similar camp took place in Georgia in 2002 and another one will take place in Azerbaijan in 2004. The 2004 camp will also act as a pilot project for the “Ballons Rouges” project, which should become operational in 2005 (cf Recommendation Rec(2003)7 adopted by the Committee of Ministers upon the proposal of the CDDS in April 2003).

    Because of changes in government and personnel it was not possible to organise a planned similar camp in Serbia and Montenegro.

    The first of three camps for children suffering from the aftermath of the Chernobyl disaster was organised at Ostrog in Ukraine in July. These camps will continue in 2004 and 2005, in Belarus and the Russian Federation. These camps are a pioneering attempt to demonstrate the role of sport as a palliative to severe public health problems, such as extensive and heavy irradiation.

    · Improving the legal framework for the operation of democratic sports systems in a selected number of countries

    Work on the preparation of indicators for measuring the implementation of the various articles of the European Sports Charter began in 2003. This work will be continued in 2004 and should help make it easier for member states to evaluate the impact of their policies and sports-related activities, and also to prepare for their participation in the CDDS activity on “Compliance with Commitments”.

    The last meeting of the CDDS's working group on Sustainable Development and Sport took place on November 2003 in Strasbourg. A report on measures taken at national level in implementation of Recommendation Rec(2000)17 on the Code of Sustainability in Sport: a partnership between sport and the environment will be issued in 2004. The CDDS Bureau decided not to proceed with the group's suggestion to organise a European prize on this topic.

    Good governance in Sport is one of the major new themes of CDDS work and will form the main part of the work of the next Sports Ministers Conference on this theme in October 2004 (Budapest). In 2003, a conference was organised on this theme, in cooperation with IP1 and a study was launched.

    Regional and country-specific co-operation

    The member states concerned have decided that the Sprint programme should continue, at least until 2005/6. They have participated in two seminars for the cooperation between governmental sports departments and national non-governmental sports.

    South-East Europe: A training course for sports management was held with 35 participants (young sports managers) from 5 countries.

    Azerbaijan: An advisory visit on measures to implement the Charter.

    Estonia: The implementation of the European Sports Charter was examined by an evaluation team.

    Kosovo/UNMIK: An opinion on the draft law on sport was provided.. The draft was amended following the visit. The law has not yet been adopted.

    “the former Yugoslav Republic of Macedonia”: Information was exchanged on management of sports statistics and sports information in the development of sports policies.

    Intergovernmental mechanisms

    Project - Spectator Violence Convention: Ridding sport of hooliganism

    · Monitor and develop the Spectator Violence Convention

    The Standing Committee of the Convention decided at its 2003 meeting that it was necessary to draw up a new questionnaire for the annual reports from Parties on the implementation of the Convention at national level ; the revised questionnaire will be implemented in 2004.

    The Standing Committee also began the coordination of its measures for the preparation of the European Football Championships in Portugal 2004. These experiences will facilitate the similar preparations in 2005/6 for the World Cup in Germany.

    · Reinforce the educational element in activities linked to the Convention on Spectator Violence

    The Standing Committee adopted a Recommendation on social and educational measures to prevent violence in sport and, in cooperation with IP2, published a booklet/handbook on “The prevention of violence in sport” (ISBN 92-871-5038-9).

    The Conference mentioned below devoted time and attention to the social and preventative tasks of local authorities on the occasion of tournaments and championships in big cities.

    In conjunction with the seminar on fan clubs (see below), the National Ambassadors for Sport, Tolerance and Fair Play held their annual meeting to exchange experiences on fair play in Europe and at national level, and to consider their role in the future work programme of the Standing Committee. A European travelling photographic exhibition is being prepared by the Ambassadors and will be opened at the 10th Conference of European Ministers responsible for Sport (Budapest, 13-14 October 2004). This exhibition may later travel in connection with UEFA's 50th anniversary travelling exhibition.

    · Raise local authorities' awareness of the importance of subscribing to the new policy instruments for preventing spectator violence in sport

    In cooperation with the CLRAE and IP2 a conference on the role of local authorities in tackling spectator violence was held at Lisbon in June in conjunction with the meeting of the Standing Committee. To prepare for this conference, two substantial studies were commissioned and published: an overview of all the recommendations from the Council of Europe on violence in sport since 1983 and a study on the role of local authorities in preventing such violence. The conference adopted a Declaration, which is being developed into a draft text to be adopted by the Congress in 2004. A further follow-up to the conference will be the publication in 2004 of a compendium of good practices in Europe at local and regional levels on the prevention of spectator violence at sports events.

    · Increase the role of fan clubs in the fight against violence and vandalism in sport

    In September, at the EYCB, the Directorate of Youth and Sport organised a seminar for leaders of youth organisations on the involvement of fan clubs in the fight against violence and vandalism. This seminar was considered by all those involved to be a great success and provides relevant organisations' leaders with practical elements for future policies in this area. Preliminary work was also begun in Budapest on drafting the main principles of a future “supporters' charter”. This will be continued at meetings with fan clubs, coaches, and leaders from fan representatives from sports clubs and associations, concentrating particularly on mutual rights and responsibilities.

    Project - Anti-doping Convention: Engaging in the combat against doping

    · Monitor and develop the Anti-Doping Convention

    Evaluation visits on the implementation of the convention took place in France and Luxembourg. Advisory visits took place in the three Baltic states and in Croatia.

    The Monitoring Group's Legal Issues working party considered the draft Copenhagen Declaration, the draft World Anti-Doping Code and progress within Unesco on drafting a new international instrument on doping, and provided Parties with opinions on these texts which were later used in the subsequent negotiations at the relevant meetings. The Director General of Unesco invited the Council of Europe to designate two members to be part of the expert group drafting the new instrument and was present at the three meetings of the group held in 2003.

    Following the fifth ratification in 2003, the Additional Protocol to the Anti-Doping Convention will enter into force on 1 April 2004.

    · Improve co-ordination of anti-doping work in particular with WADA

    Following the decision by the Committee of Ministers to convene an ad hoc consultation meeting on the Council of Europe and WADA in April, and the later decision to establish a permanent European Coordination Forum (ECF), which met in November, the coordination of the positions of the member states on questions concerning WADA, including budgetary and statutory questions, was much improved. The Committee of Ministers also adopted a procedure for designating the two members of the WADA Foundation Board appointed by the Council of Europe, following the increase of European members from four to five. Member states present at the Copenhagen Conference were able to unanimously authorise the European members of the WADA Foundation Board to approve the adoption of the World Anti-Doping Code. Many member states were also able to sign the Copenhagen Declaration. Furthermore, the working party on science provided the Monitoring Group with an opinion on the development of the first Prohibited List prepared by WADA. Many of the recommendations of the working party were later accepted by WADA. The working party on education is working with WADA to develop a draft standard on education and information to become part of the Code (2004/5).

    The meeting of the ECF in November authorised, inter alia, the Council of Europe designated Board members to approve the draft WADA budget for 2004.

    · Enhance the quality of competence of those engaged in the fight against doping

    Meetings of the Monitoring Group's working parties on education and information, on legal issues and on science also act as training seminars for those with responsibilities in doping matters at national level.

    The third seminar to train doping control officers from the Balkan region, to act at the 2004 Olympic Games, did not take place as planned since the organising committee was unable to make the necessary preparations.

    Line of Action 10
    Council of Europe Outreach

    Programme : Field and Information Offices

    Project – Secretariat Field Presence

    · Maintaining a close co-operation with the competent authorities in the beneficiary countries

    In 2003, through their presence in the field, 7 Special Representatives of the Secretary General (SRSGs) were able to maintain and deepen daily working relations and partnerships with the competent authorities in Tirana, Yerevan, Baku, Sarajevo, Tbilisi, Chisinau and Belgrade, with Secretariat Offices performing similar functions in Podgorica and Pristina and a Resident Expert working in close cooperation with the EU Special Representative in Skopje. Discussions with the authorities led, towards the end of the year, to the termination of the mandate of the SRSG in Tirana and his replacement by a Special Adviser.

    Monthly reports on cooperation were supplemented by oral reports to GR-EDS from a number of SRSGs/Heads of Office. Governments expressed their appreciation of this close cooperation and the relevant expertise that the Council of Europe is able to offer. In a number of countries, more effort needs to be made to reach out to the regions. Further effort also needs to be made to promote the participation of competent national experts in the intergovernmental work of the Organisation.

    · Contributing to the implementation of assistance programmes in the beneficiary countries

    The field offices' contribution to the effective implementation in the field of assistance programmes continued to grow rapidly and CoE staff charged with such programmes, visiting delegations and experts, rely more and more on the field offices' assistance. The number of project officers working under Joint Programmes with the European Union increased (most notably in Sarajevo and Belgrade). In at least one case (Sarajevo), administration of some of these programmes devolved to the field, leading to greater efficacy and promptness of action. Some offices began to play a greater role in identifying and developing projects.

    · Participating in the efforts of the international community

    Given their relatively smaller size, all CoE representations in the field continued to devote attention to coordinating their efforts with other members of the international community. In those situations where the international community has a special role to play (Pristina and Sarajevo), this is essential if the Organisation's principles are to be taken fully into account – such as in the decentralisation process in Kosovo. Other areas in which cooperation was most striking included elections monitoring and administration of justice and education. Multilateral talks at headquarters level appear, over time, to have increased acknowledgement and understanding by other institutions of the expertise that the CoE can provide on the ground.

    · Helping to implement the information strategy of the Council of Europe

    Within the resources available, and where relevant in collaboration with the Information Offices, the SRSGs and field office staff issued press releases, gave interviews and talks, published articles and otherwise provided information on a more immediate basis than is possible from Strasbourg. For example, between August and December, approximately 70 articles on CoE work appeared in the press in Montenegro. In the coming years offices will give closer attention to developing a targeted media strategy and up-to-date and informative websites.

    Project – Information Offices – Contacts and Study visits

    · Helping to implement the Council of Europe's information strategy

    Approximately 16,000 individuals used the libraries of the Council of Europe's 22 Information Offices during the year, with thousands more consulting the websites, calling or writing in with queries. All offices were active in translating Council of Europe documents particularly relevant to national needs: an average of 10 translations per office, chiefly publications concerning the case law of the European Court of Human Rights. Queries relating to the Court remained high on the list of issues which the Offices had to address and plans were made to conduct a pilot project in 2004 with a resident lawyer in the Information Office in Warsaw (Poland) designated to respond to such requests.

    · Ensuring a permanent CoE presence in the field

    Arrangements were made for the inauguration of two new offices in 2004: in Tirana (Albania) and Baku (Azerbaijan). Efforts were made to improve visibility and access in relation to other offices. All Offices worked further on the development of websites in the national language and one of the official Council of Europe languages, as well as producing their regular newsletter, brochure or bulletin on the Council of Europe and activities in the country concerned. Publications to mark special occasions were also produced, (e.g. 10 years of accession to the Organisation for Estonia and Slovenia) and a second edition of a comprehensive manual on the Council of Europe was published in Romania. In order to secure the proper infrastructure for electronic publishing, further IT support will prove necessary in the coming year.

    · Contributing to the implementation of assistance programmes in the beneficiary countries

    All Information Offices were directly responsible, or gave invaluable assistance to the Secretariat, for organising in-country conferences, seminars, round tables, lectures and training courses on a wide range of issues of concern to the Council of Europe. In 2003, an average of 10 seminars and 2 or 3 round tables were organised per Office. Demands on the Offices in those States of special priority, in particular in the South Caucasus, were particularly heavy.

    The objectives fixed for the Offices continued to be largely achieved, with the limited resources at their disposal. In order to maximise impact, however, and continue to conduct activities on a meaningful scale, the Offices must continue to rely on the efforts of their Directors to obtain extra funding from other partners/sources.

    · Short term traineeship and study visits

    In 2003 the Directorate General of Political Affairs organised 15 study visits for diplomats and officials from a number of member states: Armenia (1), Azerbaijan (1), Georgia (1), Serbia and Montenegro (2), the Russian Federation (8), Latvia (1) and Albania (1). Over the course of time, the immediate relevance of such visits has diminished and the programme as a whole will end in 2004. However, certain priority cases may still be considered by the Director General.

    · Study visits for opinion leaders

    The programme of visits for “opinion leaders” has been reshaped in order to allow for the organisation of meetings of political party leaders (Cyprus) and round tables (Moldova).

    Programme: Longer-term direct interventions

    Project – Presence of the CoE's experts in the Chechen Republic

    · To provide support to the restoration of the Rule of Law, Human Rights and Democracy in Chechnya and co-ordinate CoE activities

    By an exchange of letters between the Russian Foreign Minister and the Secretary General of the Council of Europe dated 6 and 24 June 2002, the mandate of the CoE's experts in Chechnya was enlarged to include additional tasks with other ad hoc experts being involved in their implementation.

    Since March 2003, seven additional tasks – in the form of seminars, training and needs assessment missions – have been implemented, covering the following topics:

    - good practice in electoral matters,
    - human rights for students and law-enforcement agencies,
    - local-government,
    - psychosocial rehabilitation and reintegration of widows and orphans,
    - setting-up of a human rights library at Grozny State University. Three Chechen teachers were trained in Strasbourg in the management of a human rights library.

    Due to the deterioration of security in Chechnya before and after the presidential elections held in October 2003, further implementation of planned activities could not be achieved.

    For a more action-oriented dialogue with the Russian Federation, the Russian Foreign Minister and the Secretary General of the Council of Europe have concluded an agreement, by an exchange of letters on 25 and 30 December 2003, on a new form of cooperation in the Chechen Republic in 2004. This agreement foresees Council of Europe experts' involvement with regard to applications received on alleged human rights violations. It further provides for the implementation of concrete programmes on an ad hoc basis in various fields, such as consultative assistance to the Office of the Special Representative, electoral matters, local government, psychological and social rehabilitation, human rights, legislative expertise and education.

    Appendix I

    Conventions adopted and entered into force in 2003

    Conventions adopted

    ETS  n° 191 : Additional Protocol to the Criminal Law Convention on Corruption
    (22 January 2003)

    ETS  n° 190 : Protocol amending the European Convention on the Suppression of Terrorism (13 February 2003)

    ETS  n° 193 : European Convention for the Protection of Animals during International Transport (Revised) (11 June 2003)

    Conventions entered into force

    ETS N° 82: European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (27 June 2003)

    ETS N° 178: European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access (1 July 2003)

    ETS N° 187: Protocol N° 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances (1 July 2003)

    ETS N° 174: Civil Law Convention on Corruption (1 November 2003)

    Appendix II

    Recommendations adopted in 2003

    Rec(2003)1 of the Committee of Ministers to member states on the promotion of tourism to foster the cultural heritage as a factor for sustainable development
    Date: 15/01/03 Meeting: 824

    Rec(2003)2 of the Committee of Ministers to member states on neighbourhood services in disadvantaged urban areas
    Date: 13/02/03 Meeting: 828

    Rec(2003)3 of the Committee of Ministers to member states on balanced participation of women and men in political and public decision-making
    Date: 12/03/03 Meeting: 831

    Rec(2003)4 of the Committee of Ministers to member states on common rules against corruption in the funding of political parties and electoral
    Date: 08/04/03 Meeting: 835

    Rec(2003)5 of the Committee of Ministers to member states on measures of detention of asylum seekers
    Date: 16/04/03 Meeting: 837

    Rec(2003)6 of the Committee of Ministers to member states on improving physical education and sport for children and young people in all European countries
    Date: 30/04/03 Meeting: 838

    Rec(2003)7 of the Committee of Ministers to member states on the contribution of sport to alleviating the consequences of humanitarian disasters: "Ballons rouges"
    Date: 30/04/03 Meeting: 838

    Rec(2003)8 of the Committee of Ministers to member states on the promotion and recognition of non-formal education/learning of young people
    Date: 30/04/03 Meeting: 838

    Rec(2003)9 of the Committee of Ministers to member states on measures to promote the democratic and social contribution of digital broadcasting
    Date: 28/05/03 Meeting: 840

    Rec(2003)10 of the Committee of Ministers to member states on xenotransplantation
    Date: 19/06/03 Meeting: 844

    Rec(2003)11 of the Committee of Ministers to member states on the introduction of pathogen inactivation procedures for blood
    Date: 19/06/03 Meeting: 844

    Rec(2003)12 of the Committee of Ministers to member states on organ donor registers
    Date: 19/06/03 Meeting: 844

    Rec(2003)13 of the Committee of Ministers to member states on the provision of information through the media in relation to criminal proceedings
    Date: 10/07/03 Meeting: 848

    Rec(2003)14 of the Committee of Ministers to member states on the interoperability of information systems in the justice sector
    Date: 09/09/03 Meeting: 851

    Rec(2003)15 of the Committee of Ministers to member states on archiving of electronic documents in the legal sector
    Date: 09/09/03 Meeting: 851

    Rec(2003)16 of the Committee of Ministers to member states on the execution of administrative and judicial decisions in the field of administrative law
    Date: 09/09/03 Meeting: 851

    Rec(2003)17 of the Committee of Ministers to member states on enforcement
    Date: 09/09/03 Meeting: 851

    Rec(2003)18 of the Committee of Ministers to member states containing a transmission form for legal aid abroad for use under the European Agreement on the transmission of applications for legal aid (ETS No. 092) and its Additional Protocol (ETS No. 179)
    Date: 09/09/03 Meeting: 851

    Rec(2003)19 of the Committee of Ministers to member states on improving access to social rights
    Date: 24/09/03 Meeting: 853

    Rec(2003)20 of the Committee of Ministers to member states concerning new ways of dealing with juvenile delinquency and the role of juvenile justice
    Date: 24/09/03 Meeting: 853

    Rec(2003)21 of the Committee of Ministers to member states concerning partnership in crime prevention
    Date: 24/09/03 Meeting: 853

    Rec(2003)22 of the Committee of Ministers to member states on conditional release (parole)
    Date: 24/09/03 Meeting: 853

    Rec(2003)23 of the Committee of Ministers to member states on the management by prison administrations of life sentence and other long-term prisoners
    Date: 09/10/03 Meeting: 855

    Rec(2003)24 of the Committee of Ministers to member states on the organisation of palliative care
    Date: 12/11/03 Meeting: 860

    Appendix III

    Conferences of Specialised Ministers held in 2003

    5th European Ministerial Conference on Equality between Women and Men
    22-23 January, Skopje, “the former Yugoslav Republic of Macedonia” (744/1.5, 777/1.5, 816/1.6)
    Theme: “Democratisation, conflict prevention and peace building: the perspectives and the roles of women”

    Ministerial Colloquy (informal meeting) of European Ministers responsible for Cultural Affairs
    17-18 February, Strasbourg, France (799/1.5, 816/1.6)
    Theme: “The new role and new responsibilities of ministers of culture in initiating intercultural dialogue, with due regard for cultural diversity”

    2nd European Conference of Ministers responsible for Integration Policies for People with Disabilities
    7-8 May, Malaga, Spain (770/6.1)
    Theme: “Improving the quality of life of people with disabilities: furthering a coherent policy for and through full participation”

    25th Conference of European Ministers of Justice
    8-10 October, Sofia, Bulgaria (782/1.5, 806/1.5b, 825/10.7)
    Theme: “a. International co-operation in the fight against international terrorism and implementation of the relevant instruments of the Council of Europe
    b. The response of the justice system – civil and criminal – to terrorism”

    7th Conference of European Health Ministers
    12-12 June, Oslo, Norway (729/1.6, 762/1.5)
    Theme: “Health, Dignity and Human Rights – the role and responsibility of Health Ministers”

    13th Session of the European Conference of Ministers responsible for Regional Planning (CEMAT)
    11-12 September, Ljubljana, Slovenia (751/1.5)
    Theme: “Implementation of strategies and visions for sustainable spatial development of the European continent”

    21st Session of the Standing Conference of European Ministers of Education
    6-7 November, Athens, Greece (820/1.5)
    Theme: “Intercultural education and its role in managing diversity and embedding democratic practices”

    Appendix IV

    Specific Objectives in PoA 2003 which will not recur
    in 2005

    Source : Evaluation Report 2003

    Introduction

    The list below has been prepared following the request made during the initial discussions of priorities of 2005 at the Ministers' Deputies concerning the objectives which will not recur. The list covers specific objectives which were attained in 2003 or due for attainment in 2004 and which will therefore not recur in 2005.

    For the Evaluation Report of the Programme of Activities 2003, project managers provided information on the possible ending of specific objectives. Additionally, other specific objectives (and even projects or programmes) may be discontinued in 2005 following rationalisation by the Secretariat (merging, re-formulating, updating, etc.) or as a result of specific proposals from the Ministers' Deputies.

    LoA 1

    Monitoring by Other Conventional Committees

    · Within the context of transborder data flows, to continue to examine the criteria that should be fulfilled in order for an importing country to be considered as having an adequate level of data protection

    2003
    The Guide to the preparation of contractual clauses governing data protection during the transfer of personal data to third parties not bound by and adequate level of data protection was transmitted to the Committee of Ministers in early 2003.

    LoA 2

    Human Rights Law and Policy Development

    · To make proposals to fill any gaps in the protection of human rights during armed conflict as well as during internal disturbances and tensions, including as a result of terrorist acts (subject to decisions of the Committee of Ministers)
    · To elaborate specific proposals concerning the Council of Europe's response to serious and massive violations of human rights (subject to decisions of the Committee of Ministers)

    2004
    The main proposal, reflected in the Declaration on the Protection of Human Rights during armed conflict, internal disturbances and tensions which was adopted by the CM on 21 January 2004, consists in enhancing the fact-finding role of the Commissioner for Human Rights. The follow-up in respect of the Commissioner is currently before the CM (GR-H). Subject to such follow-up measures in 2004, there should be no need to maintain this objective for 2005.

    Improving procedures, mechanisms and remedies

    · To reinforce the control system set up by the European Convention on Human Rights and maintain the operational capacity of the Court in the medium and long term

    2004
    Amending Protocol and other instruments (recommendations, resolution, declaration) will be drafted within the deadline foreseen, i.e. April 2004.

    · To improve the effectiveness of the control by the Committee of Ministers of the execution of judgments of the Court

    2004
    This specific objective is linked to the previous one (reinforcing the control system of the ECHR). Several proposals to improve the effectiveness of CM supervision of execution are integrated into the drafting work of the CDDH on a future amending protocol and other instruments.

    Furthermore, additional issues relating to improvement of the supervision of execution by the CM were under discussion in the CM in the course of 2003, notably as regards measures in the event of slow or negligent execution or refusal to execute.

    The maintenance of this objective in 2005 will depend on the extent to which it will be possible to finalise decisions in 2004.

    Vulnerable Groups (including “exploitation of human beings”)

    · To foster the implementation of Recommendation No. R (2000)11 on trafficking in human beings for sexual exploitation through co-ordinated action and legislative assistance

    2003
    The Project to support regional criminal law reform in South-Eastern Europe to combat and prevent trafficking in human beings (“LARA Project”), launched in July 2002, was completed in 2003.

    · To establish new legal standards on action against trafficking in human beings

    2004
    The draft European Convention will be finalised at the end of 2004 and it is expected that it will be adopted by the Committee of Ministers at the beginning of 2005.

    Freedom of expression and information

    · To guarantee freedom of expression and information in the context of the fight against terrorism

    2004
    A Declaration by the Committee of Ministers setting out for the attention of the governments of the member states the measures which they should take or refrain from taking in order to guarantee the media's right to report on questions concerning terrorism shall be adopted by the Committee of Ministers during 2004.

    LoA 3

    Democratic Responses to terrorism

    · Preparing a draft Protocol amending/supplementing the European Convention on Suppression of Terrorism and possibly opening it up to non-member states (in line with the Committee of Ministers' request, 110th session)

    2003
    The Amending Protocol (ETS 190) to the European Convention on Suppression of Terrorism (ETS 90) was adopted by the Committee of Ministers and opened for signature by Council of Europe Member and Observer States on 15 May 2003.

    · Studying the possibilities of setting up a specific follow-up mechanism on the Council of Europe's action in the fight against terrorism (in line with the Committee of Ministers' request, 110th session)

    2003
    Following the proposal contained in the GMT's final report, the Committee of Ministers at Deputies' level adopted Specific Terms of Reference for a new Committee of Experts on Terrorism (CODEXTER). The CODEXTER is called upon to make appropriate proposals to the Committee of Ministers on the implementation of the proposals contained in the Final Report of activities of the GMT and on the outstanding proposals contained in the Interim Report by the GMT, and for any new activities to intensify the Council of Europe's action in the field of the fight against terrorism.

    European standards for crime control

    2003
    · Adopt a recommendation on how to manage life-sentenced prisoners and other long-term prisoners

    Adopted by the Committee of Ministers on 9 October 2003.

    · Adopt a recommendation that will reconsider the possible responses to juvenile delinquency and the juvenile justice system

    Adopted by the Committee of Ministers on 26 September 2003.

    · Provide technical assistance to certain countries for the prevention of urban insecurity

    The Urban Insecurity Project in the Russian Federation was concluded with a study visit to the United Kingdom.

    · Organise a conference on crime perception

    The 22nd Criminological Research Conference on “Opinions, Attitudes and Images of Crime and its Control” was held in Strasbourg on 24-26 November 2003.

    2004
    · Adopt a recommendation addressing the implications of pre-trial detention for the management of penal institutions

    The mandate given to the committee of experts on remand in custody and its implications for the management of penal institutions (PC-DP) expires in 2004.

    · Publish a collection of promising examples of recent legislative reforms and new practice in European criminal justice systems with a view to diffusing this information among policy-makers

    All chapters on the promising examples will be published in 2004.

    Functioning and efficiency of justice

    · Co-operation between the Council of Europe and the European Commission in the field of transmission of legal aid

    2004
    A transmission form for legal aid abroad was adopted by the Council of Europe (Recommendation Rec(2003)18) and the EU (Council Directive 2002/8/EC) to be used for the European Agreement on the Transmission of Applications for Legal Aid (No. ETS 092) and its Additional Protocol (No. ETS 179) and under the Council Directive to improve access to justice in cross-border disputes by providing minimum common rules relating to legal aid for such disputes.

    By the end of 2004 it is envisaged to adopt a similar application form for legal aid abroad to be used both under ETS 092 and the Council Directive 2002/8/EC subject to approval of the Multilateral Committee on the European Agreement on the Transmission of Applications for Legal Aid (T-TA, next meeting in April 2004) and the European Committee on Legal Co-operation (CDCJ, plenary meeting on 11-14 May 2004).

    Law Making

    · Implementation of the Pilot Project of the Council of Europe on State practice regarding State Immunities

    2004
    Objective partially achieved. The CAHDI completed the first phase of this Pilot Project with the compilation of national submissions from 26 States. The CAHDI embarked on the second phase of the Pilot Project including the preparation of an analytical report on the basis of the information gathered by the British Institute of International and Comparative Law and the University of Vienna and the Institute of High International Studies of Geneva. Completion of the Pilot Project is expected in 2004.

    Individuals and the State: a legal framework

    · To elaborate European standards on the execution of administrative and judicial decisions in the field of administrative law, as well as to promote their implementation in member states

    2003
    Recommendation Rec(2003)16 on the execution of administrative and judicial decisions in the field of administrative law was finalised by the European Committee on Legal Co-operation (CDCJ) and adopted by the Committee of Ministers.

    LoA 4

    Gender Equality for a functioning democracy

    · To finalise work on gender mainstreaming in schools through the preparation of guidelines on this issue

    2004
    The Specific objective will be fully achieved in 2004 when the final report is transmitted to the Steering Committee for Education

    LoA 5

    Information and Communication Technologies

    · To examine the impact of the data protection principles with regard to smart cards

    2003
    This objective was achieved with the preparation and transmission to the CDCJ of guiding principles on the protection of personal data with regard to the use of smart cards.

    LoA 6

    Roma

    · Defining an action plan of educational measures for the Roma/Gypsies

    2003
    The pedagogical material for teachers, as well as a repertoire of official texts adopted by the Council of Europe and the activities concerning this project have been published. All scheduled meetings and seminars were organised within the framework of the project.

    Intercultural Dialogue

    2004
    · Defining new integration policies

    A draft recommendation on access to public-sector employment for non-nationals has been adopted by the CDMG and will be submitted to the Committee of Ministers in early 2004.

    · Preparation of an introductory programme for newcomers

    The Norwegian consultants' expertise and excellent work has made it possible to devise a model based on the best national practices in this field. This programme will be published in 2004.

    LoA 7
    None

    LoA 8
    None

    LoA 9

    · To highlight the tendencies of New Information and Communication Technologies (ICT) evolution within the European education systems and giving replies in view of the challenges raised by their future development

    2003
    The project was completed and finalised in 2003. Three European studies concerning the role of teachers in the communication society were produced within the framework of the project. The English version was published. The French version will be published in 2004.

    The draft resolution approved by both the CDED and CDESR committees, on the integration of information and communication technologies (ICT) in education systems in Europe, was adopted by the Ministers of Education in Athens (10-12 November 2003).

    LoA 10
    None

Note 1 CEAD currently covers only assistance activities. The Directorate of Strategic Planning has begun work in order to expand CEAD to both intergovernmental and monitoring activities. The expanded CEAD will be made accessible to Permanent Representations from January 2005 onwards.

    2 The 2003 audited accounts are not available until June 2004. These figures therefore do not reflect real expenditure.

    3 Some examples of monitoring of the implementation of Recommendations in 2003 covered the following fields: refugees, mediation in penal matters, prison overcrowding, protection of children against sexual exploitation, participation of citizens in local public life, protection of women against violence, access to archives, education for democratic citizenship, history teaching in twenty-first-century Europe and Code of Sustainability in Sport.

Note 4 Albania, Bulgaria, France, Hungary, Russian Federation (Kaliningrad and Chechen Republic), the Transnistrian region of the Republic of Moldova (two visits), Romania, Switzerland and Turkey (two visits)
Note 5 Bosnia and Herzegovina, Croatia, Estonia, Finland, Georgia, Luxembourg, Portugal, Spain, Sweden and the United Kingdom (Scotland and the Isle of Man)
Note 6 This provision reads as follows: "If the Party fails to co-operate or refuses to improve the situation in the light of the Committee's recommendations, the Committee may decide, after the Party has had an opportunity to make known its views, by a majority of two-thirds of its members to make a public statement on the matter".


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