Ministers’ Deputies
Notes on the Agenda

CM/Notes/983/4.2 1 December 20061
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983 Meeting, 13 December 2006
4 Human Rights


4.2 The concept of “nation”

Parliamentary Assembly Recommendation 1735 (2006)


Item prepared by GR-H on 14 September and 31 October 2006 and by GR-J on 21 September 2006

Reference documents
Rec_1735 (2006), CM/AS(2006)Rec1735 prov3
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Action

To examine the attached draft interim reply to Parliamentary Assembly Recommendation 1735 (2006) with a view to its adoption and to give ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) to give an opinion on the recommendation;

1. Recommendation 1735 was adopted on 26 January 2006. At their 954th meeting (1 February 2006, item 3.1b), the Deputies, among other things, decided to bring it to the attention of their governments and invited their Rapporteur Group on Human Rights (GR-H), in co-operation with their Rapporteur Group on Legal Co-operation (GR-J), to prepare a draft reply for adoption at one of their forthcoming meetings.

2. The GR-H considered this item on 14 September and 31 October 2006. The GR-J also considered this item on 21 September 2006.

3. At its meeting on 31 October the GR-H failed to reach a consensus on the draft reply and agreed to recommend to the Deputies that the matter be referred to the CDDH for further expertise. The Chair of the GR-J indicated his approval of this proposal. It was further agreed that the Assembly should be informed of the state of the file by means of a brief and essentially procedural interim reply. A draft interim reply is set out below.

Financing assured: YES.

DRAFT DECISIONS

983rd meeting – 13 December 2006

Item 4.2

The concept of “nation”
Parliamentary Assembly Recommendation 1735 (2006)
(Rec_1735 (2006), CM/AS(2006)Rec1735 prov3)

Decisions

The Deputies

1. adopted the following interim reply to Parliamentary Assembly Recommendation 1735 (2006) on the concept of “nation”:

    “The Committee of Ministers has made a detailed examination of the Recommendation, having discussed on several occasions a preliminary reply. In the course of this examination of the question, certain conclusions became evident: first that the perceptions of the concept of “nation” vary considerably from state to state, and secondly that, irrespective of these numerous perceptions, the concept of “nation” is of equal sensitivity to each state.

    Under these circumstances the Committee, fully realising the difficulty of adopting a single unequivocal position on the issues raised in the Recommendation but wishing nonetheless to provide the Assembly with a duly considered reply, has decided to seek an additional legal view on the matter and will resume its consideration of the question once that advice has been received.”

2. adopted Decision No. CM/…/…, giving ad hoc terms of reference to the Steering Committee for Human Rights (CDDH), as it appears at Appendix … to the present volume of Decisions. <see Appendix to these Notes>

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Appendix

Decision No. CM/…/…2006

Ad hoc terms of reference of the Steering Committee for Human Rights (CDDH)

1. Name of Committee: Steering Committee for Human Rights (CDDH)

2. Source: Committee of Ministers

3. Duration: These terms of reference shall expire on 31 December 2007.

4. Terms of reference:

To give an opinion on Parliamentary Assembly Recommendation 1735 (2006) – The concept of “nation”.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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