Ministers' Deputies / Rapporteur Groups
GR-H
Rapporteur Group on human rights

GR-H(2009)9 5 June 20091
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Annotated Agenda
Meeting of 18 June 2009 at 10 a.m.

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Framework Convention for the Protection of National Minorities

a. Presentation by the President of the Advisory Committee of the opinions on the implementation of the Convention by:

09/20 - Bosnia and Herzegovina (CM(2008)177, CM(2008)177 add)
09/21 - Latvia (CM(2008)180, CM(2008)180 add)

The President of the Advisory Committee will present the opinions adopted in the framework of the second cycle of monitoring under the Framework Convention in respect of the states mentioned above. The Chair recalls that the GR-H is expected, in principle, merely to hold an initial exchange of views on the opinions concerned, with a view to instructing the Secretariat to prepare the next stage in its debate, i.e. a draft resolution for consideration by the GR-H and adoption by the Deputies, unless it is possible to present the draft resolution, with the agreement of the Delegation concerned, at the same time.

b. Debate on the draft resolution on the implementation of the Convention by:

09/10 - Albania (CM(2009)96)

The GR-H is invited to examine the draft resolution with a view to approving it and submitting it to the Deputies at a future meeting for adoption without further debate (item placed in the box).

08/55 - Lithuania (CM(2009)22 rev, DD(2009)33, DD(2009)47, GR-H(2009)CB2)

It is recalled that a delegation submitted an amendment to the text of the draft resolution, which first proposed to enumerate a number of draft laws of relevance for national minorities to be adopted by Lithuania and secondly enjoined the Lithuanian Parliament to do so as soon as possible. At the meeting on 10 March 2009, the Chairman suggested a compromise according to which the first proposal, slightly revised (to mention issues/fields of action instead of naming specific laws), should be accepted, and the second rejected. This proposal was rejected by one delegation. The group is invited to pursue its examination of this item. If agreement can be reached, the item will be submitted to the Deputies for adoption without further debate at one of their forthcoming meetings (item placed in the box).

09/07 - Ukraine (CM(2009)33 rev) (to be issued)

The group is invited to consider a new draft resolution (to be issued), which will be prepared in consultation with the delegations concerned. If agreement can be reached, the item will be submitted to the Deputies for adoption without further debate at one of their forthcoming meetings (item placed in the box).

09/22 European Commission against Racism and Intolerance (ECRI) – Examination of proposals for the nomination of a member in respect of Croatia and of a member in respect of Ukraine

    Resolution Res(2002)8, DG-HL(2009)7, DG-HL(2009)6

The GR-H is invited to hold an informal exchange of views on the curricula vitae of the proposed members in respect of Croatia and Ukraine, with a view to submitting them to the Deputies at their 1062nd meeting (1 July 2009) so that the appropriate decision may be taken without further debate (item placed in the box).

09/23 European Social Charter – European Committee of Social Rights (ECSR) – Election of a member

    CM(2009)93

At their 1055th meeting (22-23 April 2009), the Deputies fixed 29 May 2009 as the deadline for states belonging to Group IV to nominate candidates for the seat which fell vacant on 6 March 2009 following the resignation of Ms Annalisa CIAMPI (Italian) – term of office ending on 31 December 2010.

The GR-H is now invited to hold an informal exchange of views on the candidates presented by Albania and Italy with a view to the election of a member at the Deputies’ 1063rd meeting (8 July 2009).

09/24 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) –

    Election of members of the CPT in respect of Denmark and Hungary
    CM(2009)86, AS/Bur(2009)32, AS/Bur(2009)30

The GR-H is invited to hold an informal exchange of views on the lists of candidates transmitted by the Bureau of the Parliamentary Assembly since its last Session, with a view to elections at the Deputies’ 1062nd meeting (1 July 2009).

09/13 Steering Committee for Human Rights (CDDH)

    CM(2009)51, CM(2009)51 add3

a. Abridged report of the 68th meeting (Strasbourg, 24-27 March 2009)
b. Draft Committee of Ministers’ Declaration on human rights in culturally diverse societies
c. Draft Guidelines on human rights protection in the context of accelerated asylum procedures

The group is invited to examine the abridged report of the 68th meeting of the Steering Committee for Human Rights (CDDH) which appears in document CM(2009)51, as well as the draft Committee of Ministers’ Declaration on human rights in culturally diverse societies, the draft Guidelines on human rights protection in the context of accelerated asylum procedures (respectively contained in Appendices 3 and 4 of CM(2009)51) and its explanatory memorandum (document CM(2009)51 add3), with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1062nd meeting on 1 July 2009. If agreement can be met within the group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

Below, the proposed draft decisions:

“The Deputies

1. took note of the CDDH’s opinion on Parliamentary Assembly Recommendation 1809 (2007) and Resolution 1571 (2007) – Member states’ duty to cooperate with the European Court of Human Rights, as it appears at Appendix 2 of document CM(2009)51;

2. adopted the Committee of Ministers’ Declaration on human rights in culturally diverse societies as it appears at Appendix … of the present volume of Decisions; << Appendix 3 to document CM(2009)51 >>;

3. adopted the Guidelines on human rights protection in the context of accelerated asylum procedures as they appear at Appendix … of the present volume of Decisions << Appendix 4 to document CM(2009)51 >>, and took note of the Explanatory Memorandum thereto (CM(2009)51 add3);

4. in the light of decisions 1-3 above and of the ones taken at previous meetings, took note of the abridged report of the 68th meeting of the Steering Committee for Human Rights (CDDH) as a whole, as it appears in document CM(2009)51.”

09/25 Steering Committee for Equality between Women and Men (CDEG) – Abridged report of the 41st meeting (15-17 April 2009) – Item to be introduced by the TC-EG

    CM(2009)81

In agreement with the Chair of the GR-H, the Thematic Coordinator on equality between women and men (TC-EG) submits to the group the abridged report of the 41st meeting of the Steering Committee for Equality between Women and Men (CDEG), as it appears in document CM(2009)81. After consideration by the GR-H, the TC-EG will propose to transmit the abridged report to the Deputies, for them to take note thereof without further debate at their 1062nd meeting (1 July 2009).

09/16 Steering Committee on the Media and New Communication Services (CDMC)

a. Abridged report of the 9th meeting (Strasbourg, 25-26 March 2009)

    CM(2009)91

b. Draft Recommendation CM/Rec(2009)… of the Committee of Ministers to member states on measures to protect children against harmful content and behaviour and to promote their active participation in the new information and communications environment

c. Abridged report of the 10th meeting (Reykjavik, 27 May 2009)

    CM(2009)94

d. Draft terms of reference for subsidiary groups to the CDMC:

    - Committee of Experts on New Media (MC-NM)
    - Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG)
    - Ad hoc Advisory Group on Cross-border Internet (MC-S-CI)
    - Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR)

The group is invited to examine the abridged reports of the 9th and 10th meetings of the Steering Committee on the Media and New Communication Services (CDMC) which respectively appear in documents CM(2009)91 and CM(2009)94, with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1063rd meeting on 8 July 2009. If agreement can be met within the group, the Deputies will be invited to adopt the decisions without further debate (item placed in the box).

Below, the proposed draft decisions:

“The Deputies

1. adopted Recommendation CM/Rec(2009)… of the Committee of Ministers to member states on measures to protect children against harmful content and behaviour and to promote their active participation in the new information and communications environment as it appears at Appendix … of the present volume of Decisions; << Appendix 2 to document CM(2009)91 >>;

2. invited the Secretary General to examine ways in which the Council of Europe could facilitate implementation of Recommendation CM/Rec(2009)… and to report back to its Rapporteur Group on human rights (GR-H) in due course;

3. took note of the CDMC’s opinion on Parliamentary Assembly Recommendation 1855 (2009) – “The regulation of audiovisual media services”, as it appears at Appendix 3 of document CM(2009)91;

4. approved the terms of reference of the Committee of Experts on New Media (MC-NM), as they appear at Appendix … to the present volume of Decisions; << Appendix 2 to document CM(2009)94 >>

5. approved the terms of reference of the Ad hoc Advisory Group on Public Service Media Governance (MC-S-PG), as they appear at Appendix … to the present volume of Decisions; << Appendix 3 to document CM(2009)94 >>

6. approved the terms of reference of the Ad hoc Advisory Group on Cross-border Internet (MC-S-CI), as they appear at Appendix … to the present volume of Decisions; << Appendix 4 to document CM(2009)94 >>

7. approved the terms of reference of the Ad hoc Advisory Group on the Protection of Neighbouring Rights of Broadcasting Organisations (MC-S-NR), as they appear at Appendix … to the present volume of Decisions; << Appendix 5 to document CM(2009)94 >>

8. in the light of decisions 1-7 above, took note of the abridged report of the 9th meeting of the Steering Committee on the Media and New Communication Services (CDMC) and of the abridged report of the 10th meeting of this committee as a whole, as they respectively appear in documents CM(2009)91 and CM(2009)94.”

09/26 Protocol No. 14 bis to the European Convention on Human Rights

    Decision taken at the Conference of High Contracting Parties (Madrid, 12 May 2009) – State of play
    CM(2009)58 final, ECHR/Conf(2009)003

Protocol No. 14 bis to the Convention for the Protection of Human Rights and Fundamental Freedoms was opened for signature on 27 May 2009. To date, six member states have signed the Protocol (Denmark, France, Georgia, Norway, Slovenia and Spain), two of which without reservation as to ratification (Denmark and Norway, the latter having also accepted its provisional application).

The Madrid Agreement of 12 May 2009 on the provisional application of certain provisions of Protocol No. 14 has become final since 31 May 2009. Two member states (Germany and Switzerland) has accepted the provisional application of these provisions in its respect.

The group is invited to take stock of member states’ intentions as regards Protocol No. 14 bis (signature, ratification, provisional application) or as to notifying the Secretary General of the Council of Europe of provisional acceptance of certain provisions of Protocol No. 14, in conformity with the Madrid Agreement.

During the course of the meeting, delegations will be invited to fill in a table summarising their intentions with regard to this item.

08/33 “Assessment of transit and processing centres as a response to mixed flows of migrants and asylum seekers” – Parliamentary Assembly Recommendation 1808 (2007)

    REC_1808 (2007), CM/AS(2009)Rec1808 prov3, DD(2009)289

At the group’s meeting of 10 March last, the Chairman recalled the need to promptly provide the Deputies with a draft reply to that Parliamentary Assembly Recommendation adopted in October 2007. The group held an exchange of views on the draft contained in document CM/AS(2009)Rec1808 prov2 as well as on the amendments to the draft proposed by Malta in document DD(2009)78. A number of the proposed amendments were welcomed by the group but several delegations opposed adding new elements as suggested in document DD(2009)78.

At its meeting of 2 and 14 April last, the group was not in a position to consider this item due to lack of time.

The group is invited to examine a revised draft reply, as contained in document CM/AS(2009)Rec1808 prov3, which the secretariat has prepared in consultation with the delegations concerned. The group should also consider a new proposal put forward by the delegation of Malta (see DD(2009)289). If an agreement can be reached within the group, this draft will be transmitted to the Deputies for adoption without further debate at one of their forthcoming meetings.

09/27 “Council of Europe Commissioner for Human Rights – stock-taking and perspectives” – Parliamentary Assembly Recommendation 1816 (2007)

    REC_1816 (2007), CM/AS(2009)Rec1816 prov

Recommendation 1816 (2007) was adopted on 5 October 2007 by the Parliamentary Assembly. At their 1009th meeting, on 24 October 2007, the Deputies decided to bring it to the attention of their governments, agreed to communicate it to Council of Europe Commissioner for Human Rights and to the Steering Committee on Human Rights (CDDH) for information and possible comments and invited the GR-H, in the light of possible comments and in consultation with their Rapporteur Group on Administrative and Budgetary Questions (GR-AB), to prepare a draft reply for adoption at one of their forthcoming meetings.

The secretariat has prepared a draft reply contained in document CM/AS(2009)Rec1816 prov, which the group is invited to consider. If an agreement can be reached within the group, this draft will be transmitted to the Deputies for adoption without further debate at one of their forthcoming meetings.

09/28 “Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine – the Gongadze case as an emblematic example” – Parliamentary Assembly Recommendation 1856 (2009)

    REC_1856 (2009), CM/AS(2009)Rec1856 prov

Recommendation 1856 (2009) was adopted on 27 January 2009 by the Parliamentary Assembly. At their 1048th meeting, on 11-12 February 2009, the Deputies decided to bring it to the attention of their governments and invited the GR-H to prepare a draft reply for adoption at one of their forthcoming meetings.

The secretariat has prepared a draft reply contained in document CM/AS(2009)Rec1856 prov, which the group is invited to consider. If an agreement can be reached within the group, this draft will be transmitted to the Deputies for adoption without further debate at one of their forthcoming meetings.

- Any other business

- Date of the next meeting

Tuesday, 7 July 2009 at 3 p.m.

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.


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