788cmnotes4_5






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    Ministers’ Deputies
    Notes on the Agenda

    CM/Notes/788/4.5 13 March 2002
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    788 Meeting, 13 March 2002
    4 Human Rights


    4.5 Framework Convention for the Protection of National Minorities

    Election of an expert to the list of experts eligible to serve on the Advisory Committee in respect of Ireland

    Item to be prepared by the GR-H

    Reference documents
    CM(2002)38

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      Action

      The Deputies are invited to elect an expert in respect of Ireland to the list of experts eligible to serve on the Advisory Committee.


    1. It is recalled that, pursuant to Article 26, paragraph 1 of the Framework Convention, the Committee of Ministers shall be assisted by an advisory committee, “the members of which shall have recognised expertise in the field of the protection of national minorities”. Furthermore, it is recalled that Rules 2, 5, 6, 8, 9, 10 and 15 of Resolution (97) 10 provide the following:

    “Rule 2:

    The number of ordinary members of the Advisory Committee shall be a minimum of twelve and a maximum of eighteen. (…)

    Rule 5:

    The members of the Advisory Committee shall have recognised expertise in the field of the protection of national minorities.

    Rule 6:

    The members of the Advisory Committee shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.

    Rule 8:

    Each Party may submit to the Secretary General the names and the curricula vitae, in one of the official languages of the Council of Europe, of at least two experts who have the required qualifications and capacity to serve on the Advisory Committee. The Secretary General shall transmit these documents to the Committee of Ministers.

    Rule 9:

    The Committee of Ministers shall elect one of these experts to be entered on the List in respect of that Party.

    Rule 10:

    Elections shall be held in the chronological order in which the names and curricula vitae submitted by Parties have been received.

    Rule 15:

    Once the number of entries on the List exceeds eighteen, the Committee of Ministers shall in filling vacant seats in the Advisory Committee, give priority to appointing, in the following order, experts on the List from the Parties in respect of which no ordinary member has been appointed:

    a. at two or more consecutive rounds of appointments immediately preceding the current one;

    b. at the round of appointments immediately preceding the current one;

    followed by experts on the List from other Parties in respect of which there is currently no ordinary member.

    For each of these categories, the rule shall apply that if the number of experts entitled to appointment exceeds the number of vacant seats, ordinary members shall be selected by the Committee of Ministers through the drawing of lots.”

    2. It is recalled that the Advisory Committee having its full complement of 18 members, the Deputies are invited to elect one expert in respect of Ireland to the list of experts eligible to serve on the Advisory Committee. Reference is made to Rules 2, 9 and 15 of Resolution (97) 10, quoted above. It is recalled that, in accordance with Rule 19 of Resolution (97) 10, during consideration of a state report from a Party in respect of which there is no ordinary member of the Advisory Committee, the expert who is on the list in respect of that Party shall be invited to sit as an additional member.

    3. Ireland submitted nominations by letter of 6 March 2002. The names and curricula vitae of the two candidates submitted in respect of Ireland appear in document CM(2002)38. The Rapporteur Group on Human Rights (GR-H) held a preliminary exchange of views on this question on 12 March 2002. The Chairman of the Rapporteur Group will report orally to the Deputies concerning the outcome of this exchange of views.

    4. To be elected, it is necessary to obtain an absolute majority of the votes of the Deputies having the right to vote. All members of the Committee of Ministers are entitled to take part in the vote, which will be by secret ballot. Should none of the candidates on the list obtain the required majority, it would be necessary to hold a second round of voting.

      Financing assured: YES

    DRAFT DECISIONS

    788th meeting – 13 March 2002

    Item 4.5

    Framework Convention for the Protection of National Minorities
    Election of an expert to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities in respect of Ireland

    (CM(2002)38)

    Decisions

    The Deputies

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

    in respect of Ireland;

    2. consequently adopt Resolution ResCMN(2002)…, as it appears at Appendix … to the present volume of Decisions. <see Appendix to the present Notes>

    788th meeting – 13 March 2002

    Appendix
    (item 4.5)

    Draft Resolution ResCMN(2002)…
    Framework Convention for the Protection of National Minorities –
    Election of an expert to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities in respect of Ireland

    (Adopted by the Committee of Ministers on … 2002,
    at the … meeting of the Ministers’ Deputies)

    The Committee of Ministers,

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

    Considering that the Government of Ireland acceded to the Framework Convention for the Protection of National Minorities on 7 May 1999 and that the Convention entered into force in respect of Ireland on 1 September 1999;

    Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution (97) 10, by Ireland by letter of 6 March 2002;

    Having proceeded to election by secret ballot;

    - Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities per [date election]

    in respect of Ireland.



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