Ministers' Deputies / Rapporteur Groups
GR-H
Rapporteur Group on Human Rights

GR-H(2008)1 25 January 20081
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Annotated Agenda
Meeting of 29 January 2008 at 2.30 p.m.

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08/01 “The concept of “nation”” – Parliamentary Assembly Recommendation 1735 (2006) –

    Draft reply
    REC_1735 (2006), CM/AS(2008)Rec1735 prov

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.

At their 984th meeting (17-18 January 2007), the Deputies adopted the following interim reply:

    “The Committee of Ministers has made a detailed examination of the recommendation, having discussed on several occasions a preliminary draft 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.”

In line with this position, the Deputies gave ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) to provide an opinion on the recommendation.

At its 65th meeting (6-9 November 2007), the CDDH adopted its opinion in response to these terms of reference. The draft reply presented (document CM/AS(2008)Rec1735 prov) has been drawn up in the light of these considerations.

07/25 “Rights of national minorities in Latvia” – Parliamentary Assembly Recommendation 1772 (2006) – Draft reply

    REC_1772 (2006), CM/AS(2007)Rec1772 prov5 (to be issued shortly)

Recommendation 1772 (2006), together with the related Resolution 1527, were adopted by the Standing Committee acting on behalf of the Assembly on 17 November 2006. At their 981st meeting (1 December 2006), the Deputies decided to bring it to the attention of their governments and agreed to communicate it to the Steering Committee for Human Rights (CDDH), for the attention in particular of its Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN), as well as to the Council of Europe Commissioner for Human Rights, for information and possible comments, and in the light of possible comments, invited the GR-H to prepare a draft reply for adoption at one of their forthcoming meetings.

The Group examined several draft replies at its meetings on 13 September, 23 October and 11 December 2007.

At the GR-H meeting of 11 December 2007, the representatives of Estonia, Latvia and Lithuania made declarations which will be reproduced in the records of the meeting (GR-H(2007)CB12 add). Following a debate, the Chairman undertook to produce, in consultation with the Secretariat and with interested delegations, a revised draft text in time for the GR-H meeting of 29 January 2008 (see document CM/AS(2008)Rec1772 prov5, to be issued shortly).

08/02 “Monitoring of commitments as regards social rights” – Parliamentary Assembly Recommendation 1795 (2007)

    REC_1795 (2007), CM/AS(2008)Rec1795 prov

Recommendation 1795 (2007), was adopted by the Standing Committee of the Assembly on 24 May 2007. At their 998th meeting (13 June 2007), the Deputies decided to bring it to the attention of their governments and agreed to communicate it to the European Committee for Social Rights (ECSR) and to the Governmental Committee of the European Social Charter (ESC) for information and possible comments by 15 October 2007. They invited their Rapporteur Group on Human Rights (GR-H) to prepare a draft reply in the light of any comments received for adoption at one of their forthcoming meetings.

The Secretariat has prepared the draft reply contained in document CM/AS(2008)Rec1795 prov, which the Committee is invited to examine. If there is agreement in the Group, the reply will be transmitted to the Ministers’ Deputies for adoption at their 1018th meting on 20 February 2008, without further discussion. In that context the GR-H may also wish to propose that the Deputies adopt a decision inviting the Governmental Committee and the Steering Committee for Human Rights (CDDH) to give an opinion on whether it would be desirable and feasible to draw up an additional protocol to the Charter providing for a system of individual complaints (see paragraph 5 of the draft reply).

08/03 European Social Charter – European Committee of Social Rights (ECSR) – Election of a member

    CM(2007)200

The GR-H is invited to hold an informal exchange of views on the candidate presented by Italy, with a view to the election of a member at the Deputies’ 1016th meeting (30 January 2008).

08/04 Steering Committee for Human Rights (CDDH)

    CM(2008)5 and CM(2008)5 add

    a. Abridged report of the 65th meeting (Strasbourg, 6-9 November 2007)
    b. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights
    c. Draft ad hoc terms of reference of the Reflection Group for the follow-up of the reform of the Court (DH-S-GDR)
    d. Preparation of a declaration of the Committee of Ministers on human rights in a multicultural society
    e. Activity report on Council of Europe action to improve the protection of human rights defenders and promote their activities
    f. Draft Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities
    g. Draft ad hoc terms of reference of the Group of Specialists on access to official documents (DH-S-AC)
    h. Draft ad hoc terms of reference of the Working Group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS)

The Group is invited to examine the abridged report of the 65th meeting of the Steering Committee for Human Rights (CDDH) contained in document CM(2008)5 as well as its Activity report on Council of Europe action to improve the protection of human rights defenders and promote their activities contained in document CM(2008)5 add, with a view to transmitting these documents to the Deputies for adoption of the relevant decisions at their 1017th meeting on 6 February 2008. If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box), with the exception of the draft terms of reference.

The following draft decisions are suggested (items a, b, d, e, f; possibly in “the box”):

“The Deputies

1. adopted Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights, as it appears at Appendix … to the present volume of Decisions; << see document CM(2008)5, Appendix 2 >>

2. invited the CDDH to pursue the preparation of a Declaration on human rights in a multicultural society;

3. took note of the Activity report on Council of Europe action to improve the protection of human rights defenders and promote their activities2, as it appears in document CM(2008)5 add;

4. adopted the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities, as it appears at Appendix… to the present volume of Decisions; << see document CM(2008)5, Appendix 4 >>

5. took note that the comments of the CDDH on Parliamentary Assembly Recommendations 1735 (2006) – “The concept of “nation””, including the question of support of national minorities by the kin state; 1801 (2007) – “Secret detentions and illegal transfers of detainees involving Council of Europe member states: second report”; 1804 (2007) – “State, religion, secularity and human rights”; 1805 (2007) – “Blasphemy, religious insults and hate speech against persons on grounds of their religion”, as they appear in document CM(2008)5, are or have been considered in the framework of the replies to the relevant recommendations;

6. in the light of decisions 1-5 above, took note of the abridged report of the 65th meeting of the Steering Committee for Human Rights (CDDH) as a whole, as it appears in document CM(2008)5.”

The following draft decisions are suggested (items c, g, h; not to go in “the box”):

“The Deputies

1. approved the ad hoc terms of reference of the Reflection Group for the follow-up of the reform of the Court (DH-S-GDR), as they appear at Appendix … to the present volume of Decisions; << see document CM(2008)5, Appendix 3 >>

2. approved the revised ad hoc terms of reference of the Group of Specialists on access to official documents (DH-S-AC), as they appear at Appendix … to the present volume of Decisions; << see document CM(2008)5, Appendix 6 >>

3. approved the extended ad hoc terms of reference of the Working Group on human rights protection in the context of accelerated asylum procedures (GT-DH-AS), as they appear at Appendix … to the present volume of Decisions. << see document CM(2008)5, Appendix 7 >>”

08/05 Steering Committee on the Media and New Communication Services (CDMC)

    CM(2008)10

    a. Abridged Report of the 6th meeting (Strasbourg, 27-30 November 2007)
    b. Draft Declaration of the Committee of Ministers on protecting the dignity, security and privacy of children on the Internet
    c. Draft Declaration of the Committee of Ministers on the allocation and management of the digital dividend and the public interest
    d. Draft ad hoc terms of reference for the CDMC on the protection of the neighbouring rights of broadcasting organisations

The Group is invited to examine the abridged report of the 6th meeting of the Steering Committee on the Media and New Communication Services (CDMC) contained in document CM(2008)10, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1018th meeting on 20 February 2008. If there is agreement in the Group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box), with the exception of the draft ad hoc terms of reference.

The following draft decisions are suggested (items a, b, c; possibly in “the box”):

“The Deputies

1. adopted the Declaration of the Committee of Ministers on protecting the dignity, security and privacy of children on the Internet, as it appears in Appendix … to the present volume of Decisions; < Appendix II to document CM(2008)10 >

2. adopted the Declaration of the Committee of Ministers on the allocation and management of the digital dividend and the public interest, as it appears in Appendix … to the present volume of Decisions; < Appendix III to document CM(2008)10 >

3. in the light of decisions 1-2 above, took note of the abridged report of the 6th meeting of the Steering Committee on the Media and New Communication Services (CDMC) as a whole, as it appears in document CM(2008)10."

The following draft decisions are suggested (item d; not to go in “the box”):

“The Deputies adopted Decision No. CM/…/… giving ad hoc terms of reference for the Steering Committee on the Media and New Communication Services (CDMC) concerning the protection of the neighbouring rights of broadcasting organisations, as they appear in Appendix … to the present volume of Decisions. < see the Appendix to this annotated agenda >”

08/06 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) -

    Election of members of the CPT in respect of Armenia, Greece, Iceland and “the former Yugoslav Republic of Macedonia”
    (CM(2007)184, AS/Bur(2007)107, AS/Bur(2007)104, AS/Bur(2007)108, AS/Bur(2007)110)

The GR-H is invited to hold an informal exchange of views on these lists of candidates, transmitted by the Bureau of the Parliamentary Assembly since its last Session, with a view to elections at the Deputies’ 1016th meeting (30 January 2008).

08/07 Exchange of views on the follow-up to the Report of the High-Level Task Force on Social Cohesion (TFSC)

    CM(2007)175, CM(2007)175 corr (English only), CM(2007)175 add and CM/Del/Dec(2007)1014/6.6

This item will be examined at an extra-ordinary meeting of the GR-H in the afternoon of 5 February 2008.

08/08 European Commission against Racism and Intolerance (ECRI) - Examination of proposals for the nomination of a member

    Resolution Res(2002)8, DG-HL(2008)1

The GR-H is invited to hold an informal exchange of views on the curricula vitae of the proposed member in respect of “the former Yugoslav Republic of Macedonia”, with a view to submitting it to the Deputies at their 1017th meeting (6 February 2008) so that the appropriate decision may be taken without further debate (item placed in the box).

- Any other business

It is proposed to add the following item:

08/09 European Court of Human Rights – Election of a judge – Informal exchange of views on the list of candidates in respect of Montenegro

    DD(2008)19

The curricula vitae of candidates are presented in the document listed. The GR-H is invited to hold an informal exchange of views with a view to the formal submission of the list of candidates to the Committee of Ministers and subsequent transmission to the Parliamentary Assembly.

- Dates of the next meetings

Tuesday, 5 February 2008 at 2.30 p.m. (cf. GR-H(2008)OJ2)

Tuesday, 18 March 2008 at 10 a.m.

Appendix

Decision No. CM/…/…

Draft ad hoc terms of reference
for the Steering Committee on the Media and New Communication Services (CDMC)
on the protection of the neighbouring rights of broadcasting organisations

1. Name of Committee:

Steering Committee on the Media and New Communication Services (CDMC)

2. Source:

Committee of Ministers

3. Completion date:

These terms of reference shall expire on 31 December 2009.

4. Terms of reference:

To resume examination of the protection of the neighbouring rights of broadcasting organisations, by, in the first place, taking stock of the situation and, if justified, elaborating a draft Council of Europe binding instrument designed to reinforce the protection of the neighbouring rights of broadcasting organisations.

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 The Declaration presented by the Russian Federation expert concerning this activity report and the draft Declaration of the Committee of Ministers on the same topic appears at Appendix 5 of the abridged report of the CDDH, document CM(2008)5.


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