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Notes(99)1063rev2  / 17 January 2000 

Notes(99)1063...(694/4.2)...Steering Committee for Human Rights (CDDH).-Report of the 47th meeting (Strasbourg, 30 November - 3 December 1999)

 

 

Ministers' Deputies
Notes on the Agenda
bluestrip2.gif (853 bytes)


694 Meeting, 19 January 2000
4 Human Rights

4.2 Steering Committee for Human Rights (CDDH)

a) Report of the 47th meeting (Strasbourg, 30 November - 3 December 1999)

b) 50th Anniversary of the European Convention on human rights
(4 November 2000)
c) Draft Recommendation and draft explanatory memorandum

concerning the re-examination or reopening of certain cases at domestic level

following judgments of the European Court of Human Rights footnote 1

d) Draft Recommendation and Draft Explanatory Memorandum

on the Right to the Satisfaction of Basic Material Needs of Persons in Situations of Extreme Hardship

Notes(99)1063 (restricted) 11 January 2000

Reference documents

- CM(99)173

- GR-H(99)7 rév. 2



Action

The Deputies are invited to take note of the report of the 47th meeting of the CDDH as a whole and in particular of the various draft texts that it is submitting for adoption as well as its request for additional staff for its Secretariat.

 

 

 

a) Report of the 47th meeting (Strasbourg, 30 November - 3 December 1999)

The Steering Committee for Human Rights (CDDH) held its 47th meeting on 30 November – 3 December 1999 in Strasbourg. The report appears in document CM(99)173 of 21 December 1999.

At this meeting, the CDDH, in particular:

1. Concerning the elaboration of a draft Protocol N° 12 to the European Convention on Human Rights broadening, in a general fashion, the field of application of Article 14 and containing a non-exhaustive list of discrimination grounds, and its draft Explanatory Report :

- adopted, for the attention of the Committee of Ministers, a short final activity report (CM(99)173, Appendix III);

- requested the Committee of Ministers to authorise an extraordinary meeting on 9-10 March 2000, in order to: (i) examine the opinions which will have been submitted by the Court and the Parliamentary Assembly on the subject, (ii) examine the draft Protocol and draft Explanatory Memorandum with a view to their adoption and (iii) transmit these draft texts to the Committee of Ministers;

- requested the Committee of Ministers to extend its ad hoc terms of reference on the subject until 31 March 2000;

The Deputies are invited to take note of the short final activity report, to authorise an extraordinary meeting of the CDDH on 9-10 March 2000 and to extend the CDDH’s ad hoc terms of reference on the subject until 31 March 2000.

2. undertook preparatory work on both the substantive issues and organisational aspects of the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000) (CM(99)173, Appendix IV);

The Deputies are invited to take note of the state of preparations for the Conference.

3. adopted, for the attention of the Committee of Ministers, a draft Recommendation and draft Explanatory Memorandum concerning the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights (CM(99)173, Appendix V);

The Deputies are invited to examine the above-mentioned draft Recommendation with a view to its possible adoption and to authorise the publication of its Explanatory Memorandum. These texts are submitted subject to possible minor amendments of a formal nature following their revision which is now being carried out within the relevant services (Directorate General of Legal Affairs and the Publishing and Documentation Service).

4. adopted, for the attention of the Committee of Ministers, a draft Recommendation and draft Explanatory Memorandum on the right to the satisfaction of basic material needs of persons in situations of extreme hardship (CM(99)173, Appendix VI);

The Deputies are invited to examine the above-mentioned draft Recommendation with a view to its possible adoption and to authorise the publication of its Explanatory Memorandum. These texts are submitted subject to possible minor amendments of a formal nature following their revision which is now being carried out within the relevant services (Directorate General of Legal Affairs and the Publishing and Documentation Service).

5. adopted, for the attention of the Committee of Ministers, a text on the Declaration and Programme on Education for Democratic Citizenship, based on the Rights and Responsibilities of Citizens (CM(99)173, Appendix VII);

The Deputies are invited to take note of the text of the CDDH on the Declaration and Programme on Education for Democratic Citizenship, as well as the wish of the CDDH to be kept informed of any developments on this issue, so that it can give its opinion, if necessary, on any activity which may be carried out in this context.

6. adopted, for the attention of the Committee of Ministers, an opinion on Recommendation 1402 (1999) of the Parliamentary Assembly on control of internal security services in Council of Europe member States (CM(99)173, Appendix VIII);

The Deputies are invited to take note of the opinion of the CDDH Recommendation 1402 (1999) of the Parliamentary Assembly on control of internal security services in Council of Europe member States and to decide that the CDDH has completed the ad hoc terms of reference that it had received from the Deputies.

7. took note of the Final Activity Report on dispersed ethnic minorities (see CM(99)173 Addendum), prepared by its Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN) and forwarded this report to the Committee of Ministers, in accordance with the terms of reference which the DH-MIN had received directly from the latter;

The Deputies are invited to take note of the Final Activity Report on dispersed ethnic minorities, prepared by its Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN) and to decide that this Committee has thus completed the ad hoc terms of reference that it had received directly from the Deputies.

8. examined the situation of the Secretariat of the CDDH. One principal administrator, helped by one part-time temporary member of staff, an administrative assistant part-time and a secretary, is responsible for all the meetings of the CDDH and all its subordinate bodies (committees of experts and groups of specialists). The CDDH has requested that its human resources, abnormally limited, be reinforced, with a minimum of one A2/A3 Administrator. Such a reinforcement is all that more urgent as the Steering Committee must now prepare for the above-mentioned Ministerial Conference;

The Deputies are invited to examine the request of the CDDH for additional staff for its Secretariat. In doing so, they are invited to request the Secretary General to take the necessary measures so that (i) an additional A2/A3 Administrator be appointed permanently to the Secretariat of the CDDH; (ii) temporary reinforcement be granted to the Secretariat of the CDDH with a view to preparing the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000).

9. adopted this report as a whole.

The Deputies are invited to take note of the report of the 47th meeting of the CDDH – which appears as document CM(99)173 – as a whole.

 

* * *

 

b) 50th Anniversary of the European Convention on human rights (4 November 2000)

Opening of a special account 50th Anniversary ECHR

During its examination of the activities planned by the Services of the Council of Europe to mark the 50th anniversary of the ECHR (document GR-H(99)7 Revised 2, of 22 October 1999), the Rapporteur Group on Human Rights (GR-H) took note of the activities which could be carried out if additional resources were to be obtained.

For its part, the CDDH took note with satisfaction of the various initiatives and noted that a special account would be opened on that occasion for any voluntary contributions member States might make to allow activities which could not be carried out with the zero growth budget envisaged for 2000 to go ahead (see report CDDH (99) 29, paragraph 33).

The Deputies are invited to instruct the Secretary General to make the necessary arrangements for the opening of a special account 50th anniversary ECHR as from 1 February 2000 and until 31 December 2001.

 

DRAFT DECISIONS

Item 4.2

STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH)

a.

Report of the 47th meeting

(Strasbourg, 30 November – 3 December 1999)

(CM(99)173, GR-H(99)7 rev. 2)

 

Decisions

The Deputies

1. concerning the elaboration of a draft Protocol N° 12 to the European Convention on Human Rights broadening, in a general fashion, the field of application of Article 14 and containing a non-exhaustive list of discrimination grounds, and its draft Explanatory Report :

- took note of the short final activity report adopted by the CDDH (CM(99)173, Appendix III);

- authorised the CDDH to hold an extraordinary meeting on 9-10 March 2000, in order to: (i) examine the opinions which will have been submitted by the Court and the Parliamentary Assembly on the subject, (ii) examine the draft Protocol and draft Explanatory Memorandum with a view to their adoption and (iii) transmit these draft texts to the Committee of Ministers;

- extended the ad hoc terms of reference of the CDDH on the subject until 31 March 2000;

2. took note of the state of preparations for the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000)( CM(99)173, Appendix IV);

3. took note:

(i) of the text of the CDDH on the Declaration and Programme on Education for Democratic Citizenship, based on the Rights and Responsibilities of Citizens (CM(99)173, Appendix VII), as well as the wish of the CDDH to be kept informed of any developments on this issue, so that it can give its opinion, if necessary, on any activity which may be carried out in this context;

(ii) of the opinion of the CDDH on Recommendation 1402 (1999) of the Parliamentary Assembly on control of internal security services in Council of Europe member States (CM(99)173, Appendix VIII) and decided that the CDDH had completed the ad hoc terms of reference that it had received from the Deputies;

(iii) of the Final Activity Report on dispersed ethnic minorities (see CM(99)173 Addendum), prepared by its Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN) and decided that this Committee had thus completed the ad hoc terms of reference that it had received directly from the Deputies;

(iv) of the situation of the Secretariat of the CDDH and requested the Secretary General to take the necessary measures so that (i) an additional A2/A3 Administrator be appointed permanently to the Secretariat of the CDDH; (ii) temporary reinforcement be granted to the Secretariat of the CDDH with a view to preparing the European Ministerial Conference on Human Rights (Rome, 3-4 November 2000);

(v) of the report of the 47th meeting of the CDDH – which appears as document CM(99)173 – as a whole.

 

DRAFT DECISIONS

Item 4.2

STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH)

b.

Activities for the 50th Anniversary of the European Convention on human rights

(4 November 2000)

(CM(99)173, GR-H(99)7 rev. 2)

 

Decisions

The Deputies

1. noted with satisfaction that the Italian authorities have confirmed the invitation to
host in Rome the forthcoming European Ministerial Conference on Human Rights (3-4 November 2000) on the occasion of the 50th anniversary of the ECHR;

2. took note of the proposals as they were examined by the GR-H and set out in document GR-H(99)7 rev. 2;

3. accordingly authorised the opening of a special 50th anniversary ECHR account whose operation will be governed by the provisions approved at their 431st meeting (CM/Del/Concl(89)431, Appendix 7);

4. agreed that this special account will be constituted by voluntary contributions from member States;

5. agreed that no fixed sum will be charged to this account to cover the cost of its management and operation;

6. fixed 31 December 2001 as the closing date for the account and agreed to decide at that date the allocation of the balance.

 

DRAFT DECISION

Item 4.2

STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH)

c.

Draft Recommendation and draft explanatory memorandum

concerning the re-examination or reopening of certain cases at domestic level

following judgments of the European Court of Human Rights footnote 2

(CM(99)173)

Decision

The Deputies adopted the draft Recommendation concerning the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights, as it appears at Appendix .. to the present volume of Decisions <see CM(99)173, Appendix V> and authorised the publication of its Explanatory Memorandum.

 

 

DRAFT DECISION

Item 4.2

STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH)

d.

Draft Recommendation and Draft Explanatory Memorandum

on the Right to the Satisfaction of Basic Material Needs

of Persons in Situations of Extreme Hardship

(CM(99)173)

Decision

The Deputies adopted the draft Recommendation on the right to the satisfaction of basic material needs of persons in situations of extreme hardship, as it appears at Appendix .. to the present volume of Decisions <see CM(99)173, Appendix VI> and authorised the publication of its Explanatory Memorandum.

 


1. Considering that the quasi-judicial functions of the Committee of Ministers under the former Article 32 of the Convention will cease in the near future, no mention of the Committee of Ministers’ decisions is made. It is understood, however, that should certain cases still be under examination when the recommendation is adopted, the principles of this recommendation will also apply to such cases.

 2. Considering that the quasi-judicial functions of the Committee of Ministers under the former Article 32 of the Convention will cease in the near future, no mention of the Committee of Ministers’ decisions is made. It is understood, however, that should certain cases still be under examination when the recommendation is adopted, the principles of this recommendation will also apply to such cases.



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