Strasbourg, 2 February 2009                                                                LR-GG(2009)3

                                                                                                                         

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

COMMITTEE OF EXPERTS ON GOOD DEMOCRATIC

GOVERNANCE AT LOCAL AND REGIONAL LEVEL

(LR-GG)

COOPERATION WITH THE FORUM
FOR THE FUTURE OF DEMOCRACY

Secretariat Memorandum

prepared by the Directorate General of

Democracy and Political Affairs

Directorate of Democratic Institutions

This document is public. It will not be distributed at the meeting. Please bring this copy.

Ce document est public. Il ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.

 

Introduction

This document is aiming at taking stock of the CDLR work related to the themes of the last two Forums for the Future of Democracy.

Session 2007: Power and Empowerment - the Interdependence of Democracy
and Human Rights
Stockhlom / Sigtuna, Sweden, 13 -15 June 2007

The actions taken by the CDLR and its sub-committees under the theme of the 2007 Forum are the following:

The CDLR, through its president, actively participated in the seminar organised on 6 October 2008, in Stockholm, by the Swedish association of local and regional authorities (SALAR) on the theme “Systematic work for human rights implementation – a challenge for local and regional politicians” The question examined was how intergovernmental co-operation could contribute to the mainstreaming of a human rights perspective into local and regional governance and the setting up of independent human rights institutions. The final declaration of the seminar appears at Appendix 1. This event, aimed to contribute to the preparation of a conference in Stockholm, on 6-7 November 2008, on the theme “Systematic for human rights implementation”. The final declaration resulting from the latter conference is due to be published in February 2009.

The Strategy for Innovation and Good Governance at local level, adopted by the Committee of Ministers on 26 March 2008, contains in principle 11 an explicit reference to the respect of human rights, alongside cultural diversity and social cohesion.

The CDLR is completing the work on an additional protocol to the ECLSG on democratic participation at local level which will recognise the right to participate in the affairs of local authorities, the right of access to official documents held by local authorities and the obligation for local authorities to enable, to promote, and to facilitate the exercise of the right to participate. These rights can be considered as part of human rights at local level.

The CDLR is preparing for the 16th session of the Ministerial Conference a report on developments in member States in the area of citizen’s participation, which also covers the integration of foreigners in local public life. The Committee entrusted Mr. Edwin Lefebre (Belgium) with proposing approaches to the preparation of the report. They appear at Appendix 2.

At its meeting in December 2008, the CDLR approved the Draft Recommendation on evaluation, auditing and monitoring participation and participation policies at local and regional level and submitted it to the Committee of Ministers for adoption.  

The CDLR has for several years held an annual tour de table on the state of play and perspectives of signatures and ratifications of the Convention on the Participation of Foreigners in Public Life at Local Level (CETS 144).

Session 2008: “E-democracy: Who dares?”
Madrid, Spain, 15 – 17 October 2008

The conclusions of the 2008 Forum refer explicitly to the CDLR in paragraph 22:

“22.    As experience in several cities shows, participatory budgeting can be a way of empowering people. The Council of Europe’s Steering Committee for Local and Regional Democracy (CDLR) is called upon to examine the potential of participatory budgeting and use of ICT in this context.”

 

The whole conclusions appear in Appendix 3.

Session 2009: Electoral systems

Kyiv, Ukraine

At the last meeting of the Advisory Board of the Forum for the Future of Democracy, on 30 January 2009, in Strasbourg, the representative of Ukraine proposed 21 – 23 October 2009 for the next Forum. The main theme of the Forum will be “Electoral systems” and the sub-themes: “Elections at national level”, “Elections and local democracy”, “The role of media and NGOs during elections”.

Action required

Members are invited to take note of the information above and discuss the possible follow up. 

APPENDIX 1

Joint declaration of the SALAR and the Congress of the Council of Europe, in co-operation with the Commissioner for Human Rights of the Council of Europe

We, local and regional decision makers in Europe and representatives of the Congress of the Council of Europe, meeting in Stockholm on 6 October 2008 for the seminar on “Systematic Work for Human Rights - a challenge to local/regional politics”, organised in the perspective of the International Conference on Human Rights on 6-7 November 2008,

Recognizing the special role that local and regional authorities have in the effective implementation of human rights;

Considering that this year marks the 60^th Anniversary of the Universal Declaration of Human Rights, which affirmed the universal value of human rights to which the member states of the Council of Europe are deeply committed;

Recalling that the Universal Declaration of Human Rights, together with the European Convention of Human Rights and the European Social Charter, have been the basis for the creation of human rights protection systems of the United Nations, the Council of Europe and other organisations;

Bearing in mind the Charter of Fundamental Rights of the European Union;

Considering that this year marks also the 20^th Anniversary of the entry into force of the European Charter of Local Self-Government, which laid down the principles of local democracy as a constituent element of any democratic system;

Noting the efforts made by the Congress to implement and to strengthen local and regional democracy across Europe, and the Congress action in reinforcing the respect for human rights at local level;

Bearing in mind the Conclusions of the Forum for the Future of Democracy in Stockholm/Sigtuna 2007;

Acknowledging the work of the Council of Europe Commissioner for Human Rights to ensure a systematic approach to human rights at all levels;

Welcoming the active interest for the topic and further work expressed in particular by the Committee for Local and Regional Democracy (CDLR), the Committee of the Regions, the European Institute of Ombudsmen, the Council of European Municipalities and Regions (CEMR), and the International Permanent Secretariat Human Rights and Local Governments (IPSHR);

Recalling the Warsaw Declaration adopted by the Third Summit of Heads of States and Governments of the Council of Europe in May 2005, in which member states committed themselves to pursuing their work to implement human rights standards;

1. Reaffirm that effective democracy and good governance at all levels are essential for creating sustainable societies where people can enjoy a good quality of life and effective participation;

2. Emphasise that democracy and human rights are interdependent and that the improvement of local and regional democracy, as the cornerstone of democracy itself, must be considered both as a tool and a core objective of European countries in implementing human rights in a better way in our societies;

3. Believe that an unconditional compliance with fundamental rights is a prerequisite for good governance;

4. Call for concerted action between all tiers of government, including local and regional, to eradicate all forms of intolerance and discrimination, and to build cohesive societies in Europe based on respect for human rights;

5. Consider that local and regional authorities must play a more substantial part in the implementation of human rights within the scope of local self-government as laid down in the European Charter of Local Self-Government;

6. Emphasise the need for both a judicial and extra-judicial monitoring of human rights implementation;

7. Recognise the importance of an enhanced co-operation in this area between the Congress and the other Council of Europe human rights bodies, in particular the Commissioner for Human Rights;

8. Recognize that the full implementation of some human rights by local and regional authorities calls for financial resources which are not available everywhere, and that such needs  must be taken into account at the national and international level;

9.  Request full support from the representatives of governments, international organisations and civil society, who will be meeting at the International Conference on Human Rights organised in Stockholm (6-7 November 2008), and ask them to take the following proposals into serious consideration in their forthcoming action plan, and to consult local and regional authorities:

                                                                                   

a)    to make local and regional authorities aware of their responsibilities regarding human rights’implementation and also aware of the possibilities which a rights-based governance offers;

b)    to actively involve civil society in human rights planning and implementation at all levels;

c)    to encourage local and regional authorities to promote the respect for human rights through awareness-raising campaigns (for the rights of vulnerable people-including children’s rights- and gender equality for instance), and through local/ regional action plans;

d)    to ensure that local and regional authorities guarantee equal access to public services for all, citizens and non citizens, without discrimination towards any individuals, and the preservation of their social rights;

e)    to make sure that local and regional authorities act in full compliance with fundamental rights, in particular in the area of data protection;

f)    to promote and support the establishment and development of good methods of implementation, such  as independent ombudsmen or human rights co-ordinators, at local and regional level;

g)    to ensure that, in the implementation of the European Strategy on Innovation and Good Governance at local level, adopted by the Council of Europe, the inherent human rights dimension is effectively taken into account;

h)    to create appropriate structures or procedures to facilitate effective monitoring and remedy of cases where fundamental rights are not fully respected in the delivery of local public services;

i)     to foster respect for human rights through systematic training of local authorities elected representatives and staff, as well as of independent monitoring bodies, to make them aware of their responsibilities regarding compliance with human rights.

10. Suggest that the Congress prepare a monitoring report on the follow-up to these proposals.

APPENDIX 2

Report on developments on citizens participation in member States,

covering also the integration of foreigners in local life

The European Ministers responsible for Local and Regional Government, meeting in Valencia on 15-16 October 2007, asked in their declaration on democratic participation and public ethics at local and regional level, that a report on developments on citizen participation in member states, covering also the integration of foreigners in local life, be prepared for the 16^th session of the ministerial conference, to be held in Utrecht on 16 and 17 November 2009.

It is advisable that the report not only consists of an inventory of developments on citizen participation in member states, but also contains some new actions and recommendations which might enhance citizen participation.

A very extensive questionnaire about the participation of citizens, including foreigners, at local public life was answered by the member states in the first half of 2007. These answers formed the basis of the Survey on the implementation on Recommendation (2001)19 and Convention ETS 144. Observations and proposals for a follow-up were made by the rapporteur.

The drafting of a comparable extensive questionnaire does not immediately give an added value; the observations and proposals for a follow-up are still of current interest.  

What might be useful could be the drafting of a short questionnaire in which member states are asked if:

-           recent information from surveys in their countries is available about the views of     citizens on their involvement in public life at local level;

-           they have signed/ratified the Convention ETS 144 since the previous questionnaire and also which measures they have taken which aim to enhance the participation of foreigners in public life at local level.

The structure of the Report for the Ministerial Conference could consist of five parts:

1. Further development of the observations and proposals made by the rapporteur concerning the Survey on the implementation of Recommendation Rec(2001)19 on the Participation of citizens in local public life;
2. Draft Protocol to the European Charter of Local Self-Government;
3. Human rights at local level;
4. The integration of foreigners in local public life;
5. CLEAR-tool.

1.         Further development of the observations and proposals made by the rapporteur concerning the Survey on the implementation of Recommendation Rec(2001)19 on the Participation of citizens in local public life

In this part of the Report for the Ministerial Conference, the observations and proposals made by the rapporteur concerning the Report on the Survey on the implementation of Recommendation Rec(2001)19 on the Participation of citizens in local public life, could be further developed.

An emphasis could be put on three issues which are mentioned by the rapporteur, namely:

-               how to draft a successful policy which aims to increase voter turnout;

-               raising voter awareness;

-               the promotion of political participation among the categories of citizens that appear to have greater difficulties in being involved in public life at local level.

2.         Draft Protocol to the European Charter of Local Self-Government

The ministers also asked in their declaration that the preparation of a draft Additional Protocol to the European Charter of Local Self-Government (CETS 122) be brought to a successful conclusion.

The draft Additional Protocol could be mentioned in this part of the Report for the Ministerial Conference.

3.         Human rights at local level

When the subject of human rights is mentioned, the international and national dimensions of this important subject come to the foreground and not that much the local dimension. In fact, there are three levels at which human rights have to be developed: the international level, the national level and the local level.

For human rights to become a reality for the citizens, they need to be implemented at all of these levels.

At the international level, governments have agreed on universal standards for human rights. In this respect, Europe has an advanced legal system for the protection of human rights, covering not only the political and civil dimensions of these rights, but also their social, economic and cultural dimensions. Within the Council of Europe, the key treaties are the European Convention on Human Rights, the Social Charter, the Convention for the Prevention of Torture and the Convention on National Minorities. With regard to the European Union, the Charter of Fundamental Rights is the most important text in this area[1].

Council of Europe institutions monitor the implementation of these norms in member states. In addition to the European Court of Human Rights, there is the Parliamentary Assembly, the Congress of Local and Regional Authorities and several expert committees.

At the national level these standards are ratified and integrated into the domestic legislation. A judicial system is developed to guarantee these rights.  Ombudsman or similar bodies are created to watch that the rights of the individual are respected by the authorities. 

The local dimension of human rights is less or rarely taken into account. Yet it is at precisely the local level that citizens come into closer and more direct contact with the administrative structures and services that very often – through their resolutions and decisions – impinge upon fundamental human rights. After all, the local level is the level which is nearest to the citizen. Not only do local politicians deal with the immediate needs of ordinary people, they are also closer to them and more accessible.

The fact that human rights at local level are less or rarely taken into account does not mean that nothing has been done in this field. Some progress has already been achieved. The draft Protocol to the European Charter of Local Self-Government recognizes the right to participate in the affairs of a local authority, the right of access to official documents of the local authorities and the obligation of the local authorities for the setting up of a participation policy. These rights can be seen as part of human rights at local level. Other initiatives with regard to human rights at local level are the Network of Cities for Human Rights and the European Charter for the Safeguarding of Human Rights in the City[2].

Notwithstanding these steps, a lot of work still needs to be done. Therefore, the following themes concerning human rights at local level or related to it could be further developed:

1. The creation of the office of local ombudsman;

2. The setting up of administrative or judicial procedures with respect for the human rights of the citizen where he can obtain a redress against acts and decisions of the local authority;

3. The obligation for the local authority to motivate the decisions they make about requests from the citizen;  

4. Human rights municipalities;

5. The possibility of incorporating human rights declarations/inventories into the statutes of local and regional authorities;

6. The principle of equal access to health, socio-economic, housing, environmental, educational, cultural and leisure rights and the avoidance of discriminatory practices which impair these rights.

All of these themes fit directly or indirectly within the Strategy for Innovation and Good Governance at Local Level. These themes are also not exhaustive; other themes about human rights at local level can be identified and further developed.

4.         The integration of foreigners in local public life

The Protocol to the European Charter of Local Self-Government applies also to foreigners[3]. This important fact has to be mentioned in the report.

If it is decided to adopt the questionnaire mentioned in the introduction, the information concerning which member states have signed/ ratified the Convention ETS144 since the previous questionnaire and also which measures they have taken which aim to enhance the participation of foreigners at public life at local level, could be included in the Report.

5.         CLEAR-tool

A second series of tests of the CLEAR-tool took place. The Tool was revised on the basis of these tests.

The work done with regard to the revised CLEAR-tool, as well as suggestions for the dissemination of it, could be contained in the Report.

APPENDIX 3

Council of Europe Forum for the Future of Democracy

Madrid, Spain, 15–17 October 2008

hosted by the Government of Spain and the City of Madrid

“E-democracy: who dares?”

Conclusions by the General Rapporteurs

1.       The 2008 Session of the Council of Europe Forum for the Future of Democracy, held in Madrid (Spain) from 15-17 October 2008 under the general theme “e-democracy, who dares?”, addressed the opportunities and challenges of the use of Information and Communication Technologies (ICT) in democratic life. 

2.            The Forum reiterated that e-democracy, as an additional channel for democratic practice and participation, can significantly contribute to achieving more transparency, accountability and responsiveness of democratic institutions, to facilitating people’s democratic engagement and deliberation, and to increasing the accessibility and inclusiveness of the democratic process. E-democracy therefore presents a tremendous opportunity for people and public authorities alike, it being understood that all stakeholders join together to harness its benefits and control its potential risks.

3.       The Forum considers that it is essential to build people’s trust in e-democracy in order to achieve its full potential.

Principles of e-democracy

4.       E-democracy is about making use of the opportunities that ICT offer in order to strengthen democracy, democratic institutions and the democratic process. Introducing and developing e-democracy to enable people to become more involved in the democratic process and democratic institutions requires a conscious effort by all stakeholders, and determined leadership.

5.       E-democracy is above all about democracy and not simply about technology. The evolution of e-democracy through the use of enhanced technologies should therefore rest upon and be pursued in accordance with the principles of democratic governance and practice.

6.       E-democracy also involves challenges and risks, not least of which the digital divide and “e-discrimination”. These need to be addressed and overcome, including by political will, significant investment, solid risk-assessment, risk-management measures and mechanisms for ongoing monitoring and improvement.

7.       E-democracy presupposes the existence of a basic democratic environment, including free and fair elections, and the enjoyment of human rights by all, in particular freedom of expression, an open and secure access of all people to the Internet, and the protection of their privacy and personal data.  People will only trust e-democracy if they are confident that the information and data they disclose in the context of e-democracy processes are not being used or stored for any other purpose, let alone used against them.

8.       E-democracy can help to restore the declining interest in politics and the democratic process. It is an opportunity to reinvigorate representative democracy and to revisit its traditional concepts.

9.       E-democracy is not a new form of democracy.  It is additional and complementary to, and interlinked with, traditional processes of democracy. It is a tool to widen the choices available to the public for engaging in the democratic process.  Many of the traditional participatory processes undoubtedly benefit from, and can be implemented more effectively through, ICT.

10.     E-democracy provides new opportunities for the people to become more involved in all stages of the democratic process.  However, this presupposes that its design takes into account such requirements as accessibility, ease of use and inclusion. Furthermore, people need to be confident that their contributions to e-democracy processes are taken into account in decision-making.

11.     E-democracy creates new opportunities for civic initiatives from the bottom upwards.  They should be encouraged and given specific support by public authorities and international organisations as a healthy manifestation of democratic participation.

12.     Political will is required to involve everyone - institutions, interest groups and individuals - in the development of e-democracy from an early stage, thus avoiding the risk of fragmentation of society.

Recommendations to e-democracy stakeholders

13.     The Forum calls on all actors in the democratic process to use the opportunities offered by e-democracy in their communication with the public. In particular, e-democracy provides elected representatives with new opportunities to engage in discussions with their constituency. It is imperative that e-democracy should be embraced by all politicians in order to increase their interaction with the people.

14.     The Forum welcomes that, in several countries, different e-democracy initiatives are being developed, tested and implemented. The Forum calls upon all governments to commit themselves to developing and implementing substantially more initiatives within their own countries, at all levels, where relevant drawing on existing expertise and examples of good practice.  The Council of Europe and other European and international institutions should promote such initiatives.

15.     Recent developments in the field of e-voting have shown that increased attention should be paid to certification and observation to guarantee security and transparency and to build trust in the electoral process. The Forum therefore calls on national policy-makers to include these important aspects in their work and to engage in dialogue, at all stages of the process, with both the supporters and critics of e-voting.

16.     New media and service providers have made it possible for people to gain better access to information and thus to have a better basis for engaging in the democratic process. The Forum calls upon such services to fully exercise their ethical responsibilities, especially with regard to children and youth.

17.     A right balance between empowerment and protection of the individual should be struck.  It is important to keep options open for e-democracy initiatives from the grass roots to develop without being submitted to restrictions, other than those designed to protect the rights of the individual and the general regulations that protect against all forms of abuse on the Internet and other digital technologies.

Recommendations to particular e-democracy stakeholders

18.     The Forum is confident that the draft recommendation on e-democracy, to be considered for adoption in the near future by the Council of Europe’s Committee of Ministers, will offer all European governments substantial guidelines and principles when dealing with e-democracy. The recommendation will offer a number of practical tools to those who require hands-on information about combining modern information and communication tools and democratic requirements and practice.

19.     The Forum welcomes the current work of the Parliamentary Assembly on e-democracy and calls on it to take further initiatives, in particular with regard to e-parliament.  Indeed, e-parliament can help parliaments at all levels, as well as elected representatives, to better fulfil their role as representatives of the people. 

20.     The Forum commends the Council of Europe’s Conference of INGOs on its current drafting of the Code of Good Practice on Civic Participation, a proposal that originated in the Forum for the Future of Democracy, and notes with interest that the Code will include a section on e-democracy.

21.     The Forum calls on all stakeholders in local and regional governance to embrace the opportunities of e-democracy. It welcomes the work of the Congress of Local and Regional Authorities of the Council of Europe on e-democracy in local and regional planning and, in particular, on e-tools as a response to the needs of local authorities and on e-democracy and deliberative consultation on urban projects.

22.     As experience in several cities shows, participatory budgeting can be a way of empowering people. The Council of Europe’s Steering Committee for Local and Regional Democracy (CDLR) is called upon to examine the potential of participatory budgeting and use of ICT in this context.

23.     The implementation of the Council of Europe’s draft convention on access to official documents, when adopted, should take into account the consequences of the widespread use of ICT on the way in which public authorities and users of ICT interact.

24.     Special attention should be paid to those who need help in acquiring the skills required to become an active e-citizen. Information and Internet literacy should be promoted, as well as education for democratic citizenship and human rights education. The Forum calls on the different bodies of the Council of Europe to intensify their efforts in elaborating policy instruments and developing tools to this effect, building on earlier efforts in the field of democracy.

25.     On the occasion of the Forum, representatives of Council of Europe member states reviewed developments in the field of e-voting since the adoption, in 2004, of the Recommendation of the Committee of Ministers on legal, operational and technical standards on e-voting. The Forum encourages the Council of Europe to maintain its prominent role in this important and complex field, thereby providing a platform for discussion and exchange of experience, and a standard-setting body.

26.     The Council of Europe Programme “Building a Europe for and with children”, in its work on participation of children and young people in political life, is invited to include aspects of ICT use in its work.  The Forum welcomes the setting up, by the project, of a children’s e-platform and the prospect of creating an e-forum within the pilot scheme on child participation.  The programme should continue to promote measures to protect the dignity, security and privacy of children in cyberspace and generally empower children in the new information and communication environment.

27.     Regulation in the field of e-democracy, as a means of building trust among the people, can take the form of public regulation, co-regulation and self-regulation, as well as international standard-setting. The Forum recognises that more consideration needs to be given to this issue and proposes that the Committee of Ministers initiate work in this field, and closely involve the European Commission for Democracy through Law (Venice Commission).

28.     Regulatory action may also be taken in respect of Internet governance.  In this connection, the Forum has taken note with interest of the joint initiative at the Internet Governance Forum (IGF) on “Public Participation in Internet Governance” by the Council of Europe, the United Nations Economic Commission for Europe (UNECE) and the Association for Progressive Communications (APC), and encourages the involved partners to pursue this initiative.

29.     The Forum invites representative assemblies and governments, as custodians of the general public interest, to actively seek links with social networking activities concerned with political issues and to draw upon ideas and discussions held in these new democratic participatory and deliberative spaces.

30.     Given the various approaches and views on e-democracy within academic circles and the necessity to harness quality expertise from many sectors, the Forum calls upon representative assemblies, governments and the business sector, as well as international institutions, to encourage and fund research on e-democracy.  This should include issues such as improving democracy through ICT, (re-)engaging people in democracy and the establishment of effective links between public authorities’ activities and social networking (between bottom-up and top-down initiatives).

31.     The Forum welcomes that member states engage in the International Day for Democracy on 15 September, proclaimed by the United Nations, and in the European Local Democracy Week in mid-October, initiated by the Council of Europe. The Forum calls upon all stakeholders to include into these events a strong focus on e-democracy. Activities in member states should be closely linked with activities in other member states, thus building European momentum in the field of e-democracy. The Forum calls upon the Council of Europe to become actively involved in this initiative.

32.     All stakeholders involved in the Forum are invited to combine their efforts to define the most efficient ways of translating the conclusions of this Forum’s session into specific action.

33.         The Forum expressed its appreciation and gratitude to the Spanish Government and the City of Madrid for the excellent organisation of the 2008 Session and for their hospitality.

34.         The Forum welcomed the invitation by the Ukrainian authorities to hold the 2009 session of the Forum in Kyiv, on the theme of “Electoral Systems”.

Madrid, 17 October 2008