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CM/Del/Dec(2012)1145corrE  / 22 June 2012 

Ministers’ Deputies

Decisions

CM/Del/Dec(2012)1145     15 June 2012



1145th meeting, 13 June 2012

Decisions adopted



CONTENTS

Page

List of those present 7

1. General questions

1.1 Adoption of the agenda 11

1.2 Preparation of forthcoming meetings 11

1.3 Dialogue with the Secretary General and the Deputy Secretary General 11

1.4 Report of the Bureau 11

1.5 Conferences of specialised ministers – State of preparation 12

1.6 122nd Session of the Committee of Ministers (Strasbourg, 23 May 2012) – Follow-up 16

1.7 Thematic debate: “Living together implies having a level of common competences as regards

intercultural and democratic dialogue, as well as a system of attitudes, behaviour and common

values. Can these be taught?” +

1.8 Co-operation between the Council of Europe and the European Union Agency for Fundamental

Rights – Appointment of a new independent person to sit on the organs of the Agency 14

1.9 Working methods of the Committee of Ministers 15

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia +

2.1bis Current political questions

a. Activities for the development and consolidation of democratic stability 15

b. Other questions +

- Statement by the Representative of the European Union

2.2 Situation in Cyprus+

2.3 European Committee on Local and Regional Democracy (CDLR) –

Abridged report of the 49th meeting (Strasbourg, 2-3 April 2012) 15

3. Parliamentary Assembly

3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 616 by Mr Toshev: “Respect of human rights of the Bulgarian national minority in Serbia” 16

b. Written Question No. 608 by Mr Haugli: “Criminalisation of homosexuality in the northern part

of Cyprus” 16

c. Written Question No. 609 by Mr Omtzigt: “Mr Magnitsky’s case investigation” 16

d. Written Question No. 610 by Lord Boswell: “Discrimination on grounds of sexual orientation or gender identity” 17

4. Human rights

4.1 European Commission against Racism and Intolerance (ECRI) –

Nomination of a member of ECRI in respect of Latvia 17

Page

4.2 “Prenatal sex selection” – Parliamentary Assembly Recommendation 1979 (2011) 17

4.3 “Abuse of State secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations” – Parliamentary Assembly Recommendation 1983 (2011) 17

4.4 “The protection of privacy and personal data on the Internet and online media” –

Parliamentary Assembly Recommendation 1984 (2011) 18

4.5 Steering Committee for Human Rights (CDDH) – Report to the Committee of Ministers on the elaboration of legal instruments for the accession of the European Union to the European Convention on Human Rights 18

4.6 “The large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores” – Parliamentary Assembly Recommendation 1967 (2011),

“Unaccompanied children in Europe: issues of arrival, stay and return –

Parliamentary Assembly Recommendation 1969 (2011) and

“Asylum seekers and refugees: sharing responsibilities in Europe” –

Parliamentary Assembly Recommendation 1973 (2011) 18

4.7 Framework Convention for the Protection of National Minorities

a. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention
by Austria 19

b. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention

by Denmark 19

c. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention

by Estonia 19

6. Social cohesion

6.1 European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) – Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the protection and promotion of the rights of women and girls with disabilities 20

6.2 European Health Committee (CDSP) – Draft Recommendation CM/Rec(2012)… of the

Committee of Ministers to member States on the implementation of good governance principles

in health systems 20

6.3 European Code of Social Security – Draft Resolutions CM/ResCSS(2012)… on the application

of the European Code of Social Security and its Additional Protocol (period 1 July 2010 to

30 June 2011) 20

6.4 European Directorate for the Quality of Medicines and Healthcare (EDQM) –

European Committee on Blood Transfusion (Partial Agreement) (CD-P-TS)

a. Abridged report of the 7th meeting (Strasbourg, 16-17 November 2011) 20

b. Draft Resolution CM/Res(2012)… on sexual behaviours of blood donors that has an impact on transfusion safety 21

8. Youth and sport

8.1 12th Council of Europe Conference of Ministers responsible for Sport (Belgrade, Serbia,

15 March 2012) – Report of the Secretary General 21

Page

10. Legal questions

10.1 Committee of Legal Advisers on Public International Law (CAHDI)

a. Exchange of views with the Chair of the CAHDI+

b. Abridged report of the 43rd meeting (Strasbourg, 29-30 March 2012) 22

10.2 European Committee on Crime Problems (CDPC) – Draft Fourth Additional Protocol to the

European Convention on Extradition and its Explanatory Report 22

10.3 Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211) – Request by the Republic of Guinea to be

invited to sign 22

10.4 Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 22nd meeting (Strasbourg, 12-13 April 2012) 23

10.5 European Committee on Legal Co-operation (CDCJ) – Draft Recommendation CM/Rec(2012)…
of the Committee of Ministers to member States on the rights and legal status of children and parental responsibilities and its Explanatory Memorandum 23

10.6 European Charter for Regional or Minority Languages

a. First report of the Committee of Experts in respect of Romania 23

b. Election of a member of the Committee of Experts in respect of Sweden 24

10.7 “Combating “child abuse images” through committed, transversal and internationally co-ordinated action” – Parliamentary Assembly Recommendation 1980 (2011) 24

10.8 “The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes” – Parliamentary Assembly Recommendation 1953 (2011) 24

11. Administration and logistics

11.1 Co-ordinated Committee on Remuneration (CCR) – Remuneration adjustment method for

staff of the co-ordinated organisations 2013-2016 – 211th CCR report and affordability clause 25

11.2 Co-ordinated Committee on Remuneration (CCR) – 2011 activity report (Report by the Chairman,

Mr Franz Cede) 26

11.3 Unpaid contributions from previous years and related late payment interest

as at 17 February 2012 26

11.4 Administrative Tribunal of the Council of Europe – Appointment of a judge 26

11.5 Pension Reserve Fund – Nomination to the Management Board 27

APPENDICES

APPENDIX 1 1145th meeting of the Ministers' Deputies

(Item 1.1) (Strasbourg, 13 (9.30 a.m.) June 2012)

Agenda 28

APPENDIX 2 1147th meeting of the Ministers' Deputies

(Item 1.2) (Strasbourg, 4 (10 a.m.) July 2012)

Draft Agenda 34

Page

APPENDIX 3 Reply to Parliamentary Assembly Recommendation 1984 (2011) on

(Item 4.4) “The protection of privacy and personal data on the Internet and online media” 37

APPENDIX 4 Resolution CM/ResCMN(2012)7

(Item 4.7a) on the implementation of the Framework Convention for the Protection of

National Minorities by Austria 39

APPENDIX 5 Resolution CM/ResCMN(2012)8

(Item 4.7b) on the implementation of the Framework Convention for the Protection of

National Minorities by Denmark 43

APPENDIX 6 Resolution CM/ResCMN(2012)9

(Item 4.7c) on the implementation of the Framework Convention for the Protection of

National Minorities by Estonia 46

APPENDIX 7 Recommendation CM/Rec(2012)6

(Item 6.1) of the Committee of Ministers to member States

on the protection and promotion of the rights of women and girls with disabilities 50

APPENDIX 8 Fourth Additional Protocol to the European Convention on Extradition

(Item 10.2) (ETS No. 24) 60

APPENDIX 9 Decision No. CM/883/13062012

(Item 10.5) Ad hoc terms of reference to the European Committee on Legal Co-operation

(CDCJ) 66

APPENDIX 10 Recommendation CM/RecChL(2012)3

(Item 10.6a) of the Committee of Ministers

on the application of the European Charter for Regional or Minority Languages

by Romania 67

APPENDIX 11 Reply to Parliamentary Assembly Recommendation 1980 (2011)

(Item 10.7) on “Combating ‘child abuse images’ through committed, transversal and

internationally co-ordinated action” 68

APPENDIX 12 Reply to Parliamentary Assembly Recommendation 1953 (2011)

(Item 10.8) on “The obligation of member and observer States of the Council of Europe

to co-operate in the prosecution of war crimes” 70

The 1145th meeting of the Ministers’ Deputies opened on 13 June 2012 at 9.30 a.m. under the chairmanship of Ms M. Gega, Deputy for the Minister for Foreign Affairs of Albania.

PRESENT

ALBANIA

Ms M. Gega, Chairperson

Mr F. Peni

Mr D. Koreshi

ANDORRA

Mr J. Dallerès, Vice-Chairman

Mr A. Jordi Tomàs

Ms M. Aleix

Ms R. Solà Amat

ARMENIA

Mr A. Papikyan

Mr S. Kartashyan

Ms E. Harutyunyan

Ms V. Melikyan

Ms I. Beglaryan

AUSTRIA

Mr W.-L. Strohmayer

Mr S. Rutkowski

AZERBAIJAN

Mr A. Mammadov

Mr J. Mirzayev

Mr A. Gunashov

Mr E. Aslanov

BELGIUM

Mr A. Cools

Ms M. Janssens

BOSNIA AND HERZEGOVINA

Mr Z. Martinović

BULGARIA

Mr A. Tehov

Mr A. Ananiev

Mr M. Bozhkov

CROATIA

Ms A. Djamić

Ms L. Glavaš Kovačić

Mr I. Mintas

CYPRUS

Ms T. Constantinidou

Mr S. Hatziyiannis

CZECH REPUBLIC

Mr T. Boček

Mr M. Bouček

DENMARK

Mr C. von Barnekow

ESTONIA

Ms G. Rennel

Ms K. Tikenberg

Mr P. Pedak

FINLAND

Mr P. Hyvönen

Ms T. Leikas-Botta

FRANCE

Mr L. Dominati

Mr P. Ray

Ms M. Bilocq

Mr F. Liétout

GEORGIA

Mr M. Jgenti

Mr I. Giviashvili

GERMANY

Mr J.G. Luy

Mr J. Holzenberger

Mr M. Klinger

GREECE

Mr A. Dendoulis

Ms M. Solomou

Ms I. Petropoulou

HUNGARY

Mr F. Robák

Mr V. Garai

ICELAND

Mr J.L. Logason

IRELAND

Mr P. Gunning

Mr R. Scannell

Mr D. Chiheb

ITALY

Mr S. Busetto

LATVIA

Ms A. Liepina

Ms E. Krēsliņa

LIECHTENSTEIN

Mr D. Ospelt

LITHUANIA

Mr G. Šerkšnys

Ms U. Matulevičiené

LUXEMBOURG

Mr R. Mayer

Ms A. Kayser-Attuil

MALTA

Mr A. Ghigo

REPUBLIC OF MOLDOVA

Ms L. Ilieş

Mr A. Paladuta

MONACO

Mrs C. Gastaud

MONTENEGRO

Ms A. Vukadinović

Ms D. Markovic

NETHERLANDS

Ms E. Berends

Ms K. Adhin

NORWAY

Mr P. Wille

Ms K. Hefre

Mr J. Høvik

POLAND

Ms U. Gacek

Mr J. Grabowski

Mr R. Drzazga

Ms E. Suchożebrska

PORTUGAL

Mr L.F. Castro Mendes

Mr P. Neves Pocinho

Mr L. Sequeira

ROMANIA

Mr S. Stoian

Mr C. Urse

Ms M.-I. Musteata

Ms M. Marin

Mr G. Buliga

RUSSIAN FEDERATION

Mr A. Alekseev

Mr I. Kapyrin

Mr I. Podolskiy

Mr V. Nevzorov

Mr I. Maltsev

Mr E. Ryzhkin

Ms M. Kostyanaya

Mr K. Kosorukov

Mr A. Muratov

SAN MARINO

Ms B. Para

Ms M. Bovi

SERBIA

Mr V. Lazovic

Ms V. Radonjic-Rakic

SLOVAK REPUBLIC

Ms L. Erdelská

Mr M. Babicz

SLOVENIA

Mr D. Bergant

SPAIN

Mr F. Alvargonzález

Mr P. Jiménez Nacher

SWEDEN

Mr C.-H. Ehrenkrona

Ms A. Lundkvist

Ms F. Tamas-Hermelin

SWITZERLAND

Mr C.-E. Held

Mr B. Gubler

Ms B. Schaer

“THE FORMER

YUGOSLAV REPUBLIC

OF MACEDONIA”

Ms D. Zafirovska

Mr Z. Barbutov

TURKEY

Mr R. E. Soysal

Ms N. Erdem-Ari

Mr C. Kahyaoğlu

Mr U. Acar

Ms S. Özaydin

Mr I. O. Şanlı

Ms E. Demircan

UKRAINE

Mr A. Nadzhos

Mr D. Podolskyi

Ms S. Pereverten

UNITED KINGDOM

Ms E. Fuller

Mr C. Freestone

Mr M. Ostler

*

* *

EUROPEAN UNION

Ms L. Pavan-Woolfe

Mr A. La Piana

Ms K. Markovová

*

* *

CANADA

HOLY SEE

Mgr A. Giordano

Mgr S. Ćosić

JAPAN

Mr H. Karube

Mr T. Kikuchi

MEXICO

Ms L. Madero

Mr A. Martinez Peralta

UNITED STATES OF AMERICA

Mr E. Reade

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to add the following sub-item to the agenda of their present meeting:

 

2.1bis

Current political questions

b. Other questions

- Statement by the Representative of the European Union

2. taking into account the decision above, adopted the agenda of their 1145th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.2

Preparation of forthcoming meetings

Decision

The Deputies approved the draft agenda for their 1147th meeting (4 (10 a.m.) July 2012), as it appears at Appendix 2 to the present volume of Decisions.

Item 1.3

Dialogue with the Secretary General and the Deputy Secretary General
(SG/Com(2012)1145 and SG/Inf(2012)16)

Decision

The Deputies took note of the communication of the Secretary General and of the Deputy Secretary General (SG/Com(2012)1145) and the exchange of views under this item.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2012)13)

Decisions

The Deputies

1. approved the Bureau’s recommendations with regard to the agenda of their 1145th (13 June 2012) and 1146th (20 June 2012) meetings, as they appear in the appendix to the Bureau report;

2. approved the Bureau’s recommendation to cancel their 1147bis meeting (11 July 2012);

3. approved the Bureau’s recommendation to hold their 1150th (DH) meeting on 24 to 26 September 2012 and their 1151st meeting on 18 (3 p.m.) to 19 September 2012;

4. approved the Bureau’s recommendation to postpone their 1154th meeting from 7 to 14 November 2012;

5. took note of the Bureau’s invitation to delegations to submit proposals for possible themes for the thematic debate in September 2012, in writing, to their Chairperson, by 5.00 p.m. on 29 June 2012;

6. noted that those interested in the position of Chair of the Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) should inform their Chairperson, in writing, by 5.00 p.m. on 29 June 2012;

7. approved the Bureau’s recommendation to extend for a year the mandate of Ambassador Ehrenkrona, Permanent Representative of Sweden and Chair of the Ad hoc Working Party on Reform of the Human Rights Convention system (GT-REF.ECHR);

8. approved the Bureau’s recommendation as regards use of the Committee of Ministers’ Foyer, as set out in paragraph 5 of the Bureau report;

9. took note of the report of the meeting of the Bureau of 11 June 2012 (document CM/Bur/Del(2012)13) as a whole.

Item 1.5

Conferences of specialised ministers – State of preparation

(CM/Inf(2012)17)

Decisions

The Deputies

Concerning the 2nd Council of Europe Conference of Ministers responsible for Social Cohesion ((Istanbul, Turkey)

1. noted that this conference would be held on 11 and 12 October 2012;

2. noted that the sub-themes of the conference would be:

- “Protecting and empowering groups of vulnerable persons, particularly in times of crises”;

- “Achieving social sustainability through intergenerational solidarity”;

3. noted that the responsible body for the conference is the Working Group of Senior Officials, in co-operation with the European Committee for Social Cohesion (CDCS);

4. noted that the following would be invited to participate in the conference:

    - Member States of the Council of Europe;

    - Committee of Ministers;

    - Parliamentary Assembly;

    - Congress of Local and Regional Authorities of the Council of Europe;

    - European Court of Human Rights;

    - Council of Europe Commissioner for Human Rights;

    - Conference of INGOs of the Council of Europe;

    - Council of Europe Development Bank (CEB);

    - Governmental Committee of the European Social Charter and of the European Code of Social Security;

    - European Committee of Social Rights (ECSR);

    - Steering Committee for Human Rights (CDDH);

    - Steering Committee on Media and Information Society (CDMSI);

    - Steering Committee for Educational Policy and Practice (CDPPE);

    - European Steering Committee for Youth (CDEJ);

    - Advisory Council on Youth (CCJ);

    - Joint Council on Youth (CMJ);

    - Steering Committee for the Democratic Governance of Culture, Heritage and Landscape (CDCPP);

    - European Committee on Local and Regional Democracy (CDLR);

    - European Commission against Racism and Intolerance (ECRI);

    - Partial Agreement Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group);

    - Enlarged Partial Agreement on Sport (EPAS);

    - European Committee on Legal Co-operation (CDCJ);

    - Ad hoc Committee of Experts on Roma Issues (CAHROM);

    - Gender Equality Commission (GEC);

    - Committee of Experts on the rights of people with disabilities (CS-RPD);

5. further noted that the European Union, the European Union Agency for Fundamental Rights (FRA), the European Foundation for the Improvement of Living and Working Conditions (Eurofound) and the European Institute for Gender Equality (EIGE) would be invited to the conference;

6. noted that the following States would be invited to attend the conference as observers:

    - Canada;

    - Holy See;

    - Japan;

    - Mexico;

    - United States of America;

    - States Parties to the European Cultural Convention that are not member States of the Council of Europe;

    - States participating in the Council of Europe Policy towards neighbouring regions;

7. noted that the following organisations would be invited to attend the conference as observers:

    - United Nations and UN agencies:

    * International Labour Organization (ILO);

    * United Nations Economic Commission for Europe (UNECE);

    * United Nations Educational, Scientific and Cultural Organization (UNESCO);

    * Office of the High Commissioner for Human Rights (OHCHR),

    * United Nations High Commissioner for Refugees (UNHCR);

    * United Nations Children’s Fund (UNICEF);

    * United Nations Development Programme (UNDP);

    * World Health Organization (WHO);

    - Organisation for Economic Co-operation and Development (OECD);

    - Nordic Centre for Welfare and Social Issues (NVC), operating under the aegis of the Nordic Council of Ministers;

    - European Trade Union Confederation (ETUC) and Confederation of European Business (EUROBUSINESS) (“social partners”);

    - International Social Security Association (ISSA);

    - Social Platform (Platform of European Social NGOs);

    - European Anti-Poverty Network (EAPN);

    - AGE Platform Europe;

    - European Disability Forum (EDF);

    - European Association of Service Providers for Persons with Disabilities (EASPD);

    - European Youth Forum (YFJ);

    - Organisation of Islamic Co-operation (OIC);

    - Islamic Development Bank (IDB).

Item 1.6

122nd Session of the Committee of Ministers (Strasbourg, 23 May 2012) – Follow-up
(CM(2012)PV prov, CM(2012)PV add1, CM(2012)PV add2prov, CM(2012)PV add2provcorr, CM/Inf(2012)15 and CM/Inf(2012)16)

Decisions

The Deputies, on the basis of the decisions taken and the discussions held at the 122nd Session of the Committee of Ministers,

On the item “Securing the long-term effectiveness of the supervisory mechanism of the European Convention on Human Rights”

1. instructed their Ad hoc Working Party on Reform of the Human Rights Convention system (GT-REF.ECHR) to steer the implementation of the Brighton Declaration, ensuring that the deadlines fixed by the Declaration and by the decisions taken by the Committee of Ministers at its 122nd Session are met, in order to allow for the Deputies to report back at the 123rd Ministerial Session (16 May 2013);

2 instructed their Working Party, in this context, to follow the implementation by the different stakeholders (States Parties to the Convention, European Court of Human Rights, Secretary General) of the measures falling within their respective remits;

3. instructed also their Working Party to give appropriate follow-up to paragraphs 9f(i), 9g, 20j, 25b (where the procedures for the election of judges were concerned), 29b, 29c and 35b of the Brighton Declaration;

4. taking account of the above decisions, agreed to extend the mandate of their Working Party to the end of 2015;

On the item “Policy of the Council of Europe towards neighbouring regions”

5. instructed their Rapporteur Group on External Relations (GR-EXT) to continue following the development of the policy of the Council of Europe towards neighbouring regions and, in this context, to examine the follow-up to be given to the proposals made by delegations on this matter at the 122nd Ministerial Session, and to the Secretary General's proposal for the establishment of a new status for non-member States.

Item 1.8

Co-operation between the Council of Europe and the European Union Agency for Fundamental Rights – Appointment of a new independent person to sit on the organs of the Agency
(CM/Del/Dec(2012)1141/1.8, GR-EXT(2012)CB4, DD(2012)272, DD(2012)351 and DD(2012)540)

Decisions

The Deputies

1. appointed Mrs Maud De Boer-Buquicchio as an independent person to sit on the organs of the Agency for a term of office coming to an end on 1 July 2017;

2. agreed that delegations and the Secretary General would have until 22 June 2012 to propose candidates for the appointment of an alternate member to the independent person to sit on the organs of the Agency;

3. agreed to appoint the alternate member to the independent person at their 1147th meeting (4 July 2012).

Item 1.9

Working methods of the Committee of Ministers
(DD(2011)791, DD(2012)248 and DD(2012)287)

Decisions

The Deputies

1. agreed to the proposed amendments to their working methods, as set out on pages 4, 6 and 8 of DD(2011)791;

2. agreed to resume consideration of the question of documents distributed at the request of delegations at a forthcoming meeting, in the light of further informal consultations.

Item 2.1bis a

Current political questions

a. Activities for the development and consolidation of democratic stability

(GR-DEM(2012)CB7)

Decision

The Deputies took note of the synopsis of the GR-DEM meeting held on 30 May 2012 (document

GR-DEM(2012)CB7).

Item 2.3

European Committee on Local and Regional Democracy (CDLR) –

Abridged report of the 49th meeting (Strasbourg, 2-3 April 2012)

(CM(2012)69)

Decisions

The Deputies

1. noted that the European Committee on Local and Regional Democracy (CDLR) at its 49th meeting reviewed its work programme for 2012-2013 in the light of its new terms of reference;

2. noted with satisfaction the exchange of views between the Committee and the President of the Congress, Mr Keith Whitmore, and its constructive outcome;

3. having regard to decisions 1 and 2 above, took note of the abridged report of the 49th meeting of the CDLR, as it appears in document CM(2012)69, as a whole.

Item 3.1a

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 616 by Mr Toschev: “Respect of human rights of the Bulgarian national minority in Serbia”

Decisions

The Deputies

1. instructed the Secretariat to prepare a draft reply to Written Question No. 616 in light of the views expressed at the present meeting;

2. agreed to resume consideration of this question at one of their forthcoming meetings.

Item 3.1b

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

b. Written Question No. 608 by Mr Haugli: “Criminalisation of homosexuality in the northern part of Cyprus”

(CM/Del/Dec(2011)1126/3.1a, CM/AS(2012)Quest608 prov and CM/AS(2012)Quest608 prov2)

Decision

The Deputies instructed the Chair to inform the President of the Parliamentary Assembly that, “owing to a lack of consensus it has not been possible to adopt a reply to Written Question No. 608 by Mr Haugli”.

Item 3.1c

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

c. Written Question No. 609 by Mr Omtzigt: “Mr Magnitsky’s case investigation” (CM/Del/Dec(2012)1130/3.1a, CM/AS(2012)Quest609prov)

Decision

The Deputies instructed the Chair to inform the President of the Parliamentary Assembly that, “owing to a lack of consensus it has not been possible to adopt a reply to Written Question No. 609 by Mr Omtzigt”.

Item 3.1d

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

d. Written Question No. 610 by Lord Boswell: “Discrimination on grounds of sexual orientation or gender identity”
(CM/Del/Dec(2012)1132/3.2a, CM/AS(2012)Quest610 prov2)

Decision

The Deputies instructed the Chair to inform the President of the Parliamentary Assembly that, “owing to a lack of consensus it has not been possible to adopt a reply to Written Question No. 610 by Lord Boswell”.

Item 4.1

European Commission against Racism and Intolerance (ECRI) –

Nomination of a member of ECRI in respect of Latvia
(Resolution Res(2002)8, DGII(2012)03)

Decision

The Deputies took note of the name and curriculum vitae of the person appointed by Latvia to serve as member of ECRI for a term of office of five years, starting on 13 June 2012, as they appear in document DGII(2012)03.

Item 4.2

“Prenatal sex selection” –

Parliamentary Assembly Recommendation 1979 (2011)

This item was postponed.

Item 4.3

“Abuse of State secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations” – Parliamentary Assembly Recommendation 1983 (2011)

This item was postponed.

Item 4.4

“The protection of privacy and personal data on the Internet and online media”–

Parliamentary Assembly Recommendation 1984 (2011)
(Parliamentary Assembly REC_1984 (2011) and CM/AS(2012)Rec1984 prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1984 (2011) on “The protection of privacy and personal data on the Internet and online media”, as it appears at Appendix 3 to the present volume of Decisions.3

Item 4.5

Steering Committee for Human Rights (CDDH) –

Report to the Committee of Ministers on the elaboration of legal instruments for the accession of the European Union to the European Convention on Human Rights

(CM/Del/Dec(2011)1126/4.1, CM(2011)149)

Decisions

The Deputies

1. instructed the Steering Committee for Human Rights (CDDH) to pursue negotiations with the European Union, in an ad hoc group4 47+1, with a view to finalising the legal instruments setting out the modalities of accession of the European Union to the European Convention on Human Rights. In view of the urgency of the matter, these terms of reference shall be executed without delay;

2. instructed the CDDH to report directly and regularly to them on the negotiations with the European Union.

Item 4.6

“The large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores” – Parliamentary Assembly Recommendation 1967 (2011),

“Unaccompanied children in Europe: issues of arrival, stay and return –

Parliamentary Assembly Recommendation 1969 (2011) and

“Asylum seekers and refugees: sharing responsibilities in Europe” –

Parliamentary Assembly Recommendation 1973 (2011)

This item was postponed.

Item 4.7a

Framework Convention for the Protection of National Minorities


a. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention by Austria

(CM(2012)86)

Decision

The Deputies adopted Resolution CM/ResCMN(2012)7 on the implementation of the Framework Convention for the Protection of National Minorities by Austria, as it appears at Appendix 4 to the present volume of Decisions.

Item 4.7b

Framework Convention for the Protection of National Minorities


b. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention by Denmark

(CM(2012)65)

Decision

The Deputies adopted Resolution CM/ResCMN(2012)8 on the implementation of the Framework Convention for the Protection of National Minorities by Denmark, as it appears at Appendix 5 to the present volume of Decisions.

Item 4.7c

Framework Convention for the Protection of National Minorities


c. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention by Estonia

(CM(2012)28 rev3)

Decision

The Deputies adopted Resolution CM/ResCMN(2012)9 on the implementation of the Framework Convention for the Protection of National Minorities by Estonia, as it appears at Appendix 6 to the present volume of Decisions.

Item 6.1

European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) –
Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the protection and promotion of the rights of women and girls with disabilities

(CM(2012)54 and CM(2012)54 corr)

Decision

The Deputies adopted Recommendation CM/Rec(2012)6 of the Committee of Ministers to member States on the protection and promotion of the rights of women and girls with disabilities, as it appears at Appendix 7 to the present volume of Decisions.

Item 6.2

European Health Committee (CDSP) –

Draft Recommendation CM/Rec(2012)... of the Committee of Ministers to member States on the implementation of good governance principles in health systems

This item was postponed.

Item 6.3

European Code of Social Security –

Draft Resolutions CM/ResCSS(2012)… on the application of the European Code of Social Security and its Additional Protocol (period 1 July 2010 to 30 June 2011)

This item was postponed.

Item 6.4a

European Directorate for the Quality of Medicines and Healthcare (EDQM) –
European Committee on Blood Transfusion (Partial Agreement) (CD-P-TS)

a. Abridged report of the 7th meeting (Strasbourg, 16-17 November 2011)

(CM(2012)74 and CM(2012)74 add1)

Decision

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,5 took note of the abridged report of the 7th meeting of the European Committee on Blood Transfusion (Partial Agreement) (CD-P-TS) (Strasbourg, 16-17 November 2011), as it appears in documents CM(2012)74 and CM(2012)74 add1.

Item 6.4b

European Directorate for the Quality of Medicines and Healthcare (EDQM) –

European Committee on Blood Transfusion (Partial Agreement) (CD-P-TS)

b. Draft Resolution CM/Res(2012)… on sexual behaviours of blood donors that has an impact on transfusion safety

This sub-item was postponed.

Item 8.1

12th Council of Europe Conference of Ministers responsible for Sport (Belgrade, Serbia, 15 March 2012) – Report by the Secretary General

(CM(2012)66)

Decisions

The Deputies

1. took note of the resolutions below adopted by the 12th Council of Europe Conference of Ministers responsible for Sport (Belgrade, Serbia, 15 March 2012) (cf. document CM(2012)66, Appendix 3):

- Resolution No. 1 on international co-operation on promotion of the integrity of sport against the manipulation of results (match-fixing);

- Resolution No. 2 on current issues in pan-European sport co-operation and, in particular:

- 2.1 on co-operation between the Council of Europe and the European Union

- 2.2 on strengthening the monitoring capacities of the Convention on Spectator Violence;

2. agreed to bring them to the attention of their governments and to transmit them to the States Parties to the European Cultural Convention as well as to the member States of the Enlarged Partial Agreement on Sport (EPAS);

3. invited the EPAS Governing Board, where appropriate, in co-operation with the Group of States against Corruption (GRECO), the European Committee on Crime Problems (CDPC), MONEYVAL and other relevant bodies, and in co-ordination with the European Union, to launch the negotiation of a possible Council of Europe Convention against Manipulation of Sports Results and notably Match-fixing. EPAS shall report on the process to the Committee of Ministers for consultation as soon as possible. EPAS shall submit the completed draft instrument that may, eventually, be finalised as a convention or as another instrument, to the Committee of Ministers;

4. invited the European Committee on Crime Problems (CDPC), in co-operation with the Group of States against Corruption (GRECO) and EPAS to consider the feasibility of an Additional Protocol to the Council of Europe Criminal Law Convention on Corruption (ETS No. 173), which could expand the scope of application of its provisions to the private non-profit sector, notably sport;

5. instructed the Secretariat to forward the above-mentioned resolutions to the competent Council of Europe bodies for information and so that they could take them into account in their work; invited the Standing Committee of the Spectator Violence Convention in particular to undertake a critical review of the Convention, prior to taking other steps mentioned in Resolution 2.2;

6. instructed the Secretariat to forward the above-mentioned resolutions to the European Union for information, and in particular Resolution No. 2, section 2.1 – Co-operation between the Council of Europe and the European Union;

7. taking into account decisions 1 to 6 above, took note of the Secretary General’s report on the 12th Council of Europe Conference of Ministers responsible for Sport, as it appears in document CM(2012)66, as a whole.

Item 10.1

Committee of Legal Advisers on Public International Law (CAHDI) –

Abridged report of the 43rd meeting (Strasbourg, 29-30 March 2012)
(CM(2012)70)

Decision

The Deputies took note of the abridged report of the 43rd meeting of the Committee of Legal Advisers on Public International Law (CAHDI), as it appears in document CM(2012)70.

Item 10.2

European Committee on Crime Problems (CDPC) –
Draft Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24) and its Explanatory Report

(CM(2012)68 prov, CM(2012)68 addprov, Parliamentary Assembly Opinion No. 282 (2012))

Decisions

The Deputies

1. took note of Parliamentary Assembly Opinion No. 282 (2012) on the draft Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24);

2. adopted the Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24), as it appears at Appendix 8 to the present volume of Decisions, and took note of its Explanatory Report, as it appears in document CM(2012)68 addprov;

3. decided to open the Fourth Additional Protocol to the European Convention on Extradition for signature on 20 September 2012 on the occasion of the 31st Council of Europe Conference of Ministers of Justice which will take place in Vienna (Austria) on 19 to 21 September 2012.

Item 10.3

Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211) –

Request by the Republic of Guinea to be invited to sign

This item was postponed.

Item 10.4

Committee of Experts on Terrorism (CODEXTER) –

Abridged report of the 22nd meeting (Strasbourg, 12-13 April 2012)
(CM(2012)77)

Decision

The Deputies took note of the abridged report of the 22nd meeting of the Committee of Experts on Terrorism (CODEXTER), as it appears in document CM(2012)77.

Item 10.5

European Committee on Legal Co-operation (CDCJ) – Draft ad hoc terms of reference
(CM(2011)158 add1prov, CM(2011)158 add2prov, GR-J(2012)CB1, DD(2012)149, DD(2012)165, GR-J(2012)8, GR-J(2012)11)

Decision

The Deputies, having regard to the draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the rights and legal status of children and parental responsibilities and its Explanatory Memorandum, which have been transmitted to it by the European Committee on Legal Co-operation (CDCJ), adopted Decision No. CM/883/13062012 giving ad hoc terms of reference to the CDCJ, as they appear at Appendix 9 to the present volume of Decisions.

Item 10.6a

European Charter for Regional or Minority Languages

a. First report of the Committee of Experts in respect of Romania
(CM(2012)79)

Decisions

The Deputies

1. took note of the first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Romania, as it appears in document CM(2012)79;

2. adopted Recommendation CM/RecChL(2012)3 on the application of the European Charter for Regional or Minority Languages by Romania, as it appears at Appendix 10 to the present volume of Decisions, and agreed to forward it to the Romanian authorities.

Item 10.6b

European Charter for Regional or Minority Languages

b. Election of a member of the Committee of Experts in respect of Sweden
(CM(2012)72)

Decision

The Deputies, in accordance with Article 17, paragraph 1, of the European Charter for Regional or Minority Languages, declared the person whose name appears below elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Sweden, for a period of six years starting on 14 June 2012:

- Mr Jarmo Lainio.

Item 10.7

“Combating “child abuse images” through committed, transversal and internationally co-ordinated action” – Parliamentary Assembly Recommendation 1980 (2011)
(CM/AS(2012)Rec1980 prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1980 (2011) on “Combating “child abuse images” through committed, transversal and internationally co-ordinated action”, as it appears at Appendix 11 to the present volume of Decisions.6

Item 10.8

“The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes” – Parliamentary Assembly Recommendation 1953 (2011)

(PACE REC_1953 (2011), CM/AS(2012)Rec1953 prov4)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1953 (2011) on “The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes”, as it appears at Appendix 12 to the present volume of Decisions.7

Item 11.1

Co-ordinating Committee on Remuneration (CCR) –

Remuneration adjustment method for staff of the co-ordinated organisations 2013-2016 –

211th CCR report and affordability clause
(CM(2012)52)

Decisions

The Deputies

1. adopted the remuneration adjustment procedure, as set out in Annex I and its relevant Appendices of the 211th report of the Co-ordinated Committee on Remuneration (CCR) (document CM(2012)52);

2. agreed to insert, under Article 8: Affordability of the procedure, the following provisions:

    8.1 The Committee of Ministers reserves the sovereign right to take special measures concerning the implementation of the adjustment resulting from the application of this salary method, if specific budgetary and/or economic circumstances so warrant, in particular:

      to decide that the annual adjustment recommended by the CCR be awarded in part or not at all, and to decide also on the timing for the payment of any adjustment.

    8.2 The objective conditions which could define those specific budgetary and/or economic circumstances allowing for action under Article 8.1 to be taken include, but are not limited to, the withdrawal of, or default of payment by, one or more member countries of the Organisation, producing a significant reduction in its budget; or an unforeseen event entailing exceptional financial damage, among others, following an international economic crisis; or a prolonged incapacity to function for the Organisation; or where the financial impact of a CCR recommendation would cause a variation in the total staff expenditure of such magnitude that it would jeopardise the function or mission of the Organisation.

    8.3 The Committee of Ministers also reserves the right to determine whether, in the context of the annual adjustment, any other measures should be taken.

    8.4 Action under this article shall be taken in accordance with the applicable general legal principles.

3. agreed that this procedure shall replace the current procedure as from 1 January 2013;

4. noted that decision number 2 above, relating to Article 8: Affordability of the procedure, would be applicable as from the salary adjustment for 2013.

Item 11.2

Co-ordinating Committee on Remuneration (CCR) –

2011 activity report (Report by the Chairman, Mr Franz Cede)
(CM(2012)57)

Decision

The Deputies took note of the 2011 activity report of the CCR, as it appears in document CM(2012)57.

Item 11.3

Unpaid contributions from previous years and related late payment interest as at 17 February 2012
(CM(2012)18 and CM(2012)18 add)

Decisions

The Deputies

1. took note of the situation concerning unpaid contributions to the various budgets and funds of the Council of Europe as at 17 February 2012, as set out in document CM(2012)18, and of the updated situation as at 9 May 2012, as set out in document CM(2012)18 add;

2. invited the Secretary General to enter into contact with the competent authorities of the non-member States with a view to ensuring that the necessary measures would be taken for their financial obligations to be honoured;

3. took note of member States’ efforts to fulfil their financial obligations under the current economic difficulties.

Item 11.4

Administrative Tribunal of the Council of Europe –
Appointment of a judge

(CM/Del/Dec(2012)1138/11.1 and CM/Del/Dec(2012)1142/11.1)

Decisions

The Deputies

1. fixed at 11 July 2012 the deadline by which member States may submit candidatures for the position as judge of the Administrative Tribunal to be appointed by the Committee of Ministers;

2. agreed to appoint the judge of the Administrative Tribunal at their 1149th meeting (12 September 2012).

Item 11.5

Pension Reserve Fund –
Nomination to the Management Board

Decision

The Deputies invited member States to submit, by 24 August 2012 at the latest, candidatures of specialists with expertise in the management of investment funds for the nomination of one member of the Management Board for a term of appointment of three years beginning on the day of appointment by the Deputies, in accordance with Article 5, paragraph 1.a of Resolution Res(2006)1.

Appendix 1
(Item 1.1)

1145 Meeting of the Ministers’ Deputies

Strasbourg, 13 (9.30 am) June 2012

Agenda

1.

General questions

     

1.1

Adoption of the agenda

   
   

(CM/Del/OJ(2012)1145)

     

1.2

Preparation of forthcoming meetings

     
   

(CM/Notes/1145/1.2 of 11.6.2012)

     

1.3

Dialogue with the Secretary General and the Deputy Secretary General

     
   

(SG/Com(2012)1145 and SG/Inf(2012)16)

     

1.4

Report of the Bureau

     
   

(CM/Bur/Del(2012)13)

     

1.5

Conferences of specialised ministers – State of preparation
(Item prepared by the GR-SOC on 29.5.2012)

     
   

(CM/Inf(2012)17)
(CM/Notes/1145/1.5 of 30.5.2012)

     

1.6

122nd Session of the Committee of Ministers (Strasbourg, 23 May 2012) – Follow-up

     
   

(CM(2012)PV prov, CM(2012)PV add1, CM(2012)PV add2prov, CM(2012)PV add2provcorr, CM/Inf(2012)15, CM/Inf(2012)16 and DD(2012)564)
(CM/Notes/1145/1.6 of 1.6.2012)

     

1.7

Thematic debate: “Living together implies having a level of common competences as regards intercultural and democratic dialogue, as well as a system of attitudes, behaviour and common values. Can these be taught?”

     
   

(SG/Inf(2012)17 and DD(2012)536)

1.8

Co-operation between the Council of Europe and the European Union Agency for Fundamental Rights – Appointment of a new independent person to sit on the organs of the Agency

     
   

(CM/Del/Dec(2012)1141/1.8, GR-EXT(2012)CB4, DD(2012)272, DD(2012)351 and DD(2012)540)
(CM/Notes/1145/1.8 of 1.6.2012)

     

1.9

Working methods of the Committee of Ministers
(Item prepared by the GT-REF.INST on 15.5.2012)

     
   

(DD(2011)791, DD(2012)248 and DD(2012)287)
(CM/Notes/1145/1.9 of 25.5.2012)

     

2.

Democracy and political questions

     

2.1

The Council of Europe and the conflict in Georgia

     
   

(CM(2008)150 rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV prov, CM(2009)PV add1, CM(2009)PV add2, SG/Inf(2009)10, SG/Inf(2009)5 add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15 final, SG/Inf(2009)5 add2, Parliamentary Assembly REC_1846 (2008) and CM/AS(2009)Rec1846 final, Parliamentary Assembly REC_1857 (2009) and CM/AS(2009)Rec1857 final, CM(2009)164, Parliamentary Assembly REC_1869 (2009) and CM/AS(2010)Rec1869 final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24 and SG/Inf(2012)5)

     

2.1bis

Current political questions

   
 

a. Activities for the development and consolidation of democratic stability
(Item prepared by the GR-DEM on 30.5.2012)

     
   

(GR-DEM(2012)CB7)
(CM/Notes/1145/2.1bis of 1.6.2012)

     
 

b. Other questions

- Statement by the Representative of the European Union

   

2.2

Situation in Cyprus

     

2.3

European Committee on Local and Regional Democracy (CDLR) –
Abridged report of the 49th meeting (Strasbourg, 2-3 April 2012)
(Item prepared by the GR-DEM on 30.5.2012)

     
   

(CM(2012)69 of 18.5.2012)
(CM/Notes/1145/2.3 of 1.6.2012)

     

3.

Parliamentary Assembly

     

3.1

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

   
 

a. Written Question No. 616 by Mr Toshev: “Respect of human rights of the Bulgarian national minority in Serbia”

     
   

(CM/Notes/1145/3.1a of 15.5.2012)

     
 

b. Written Question No. 608 by Mr Haugli: “Criminalisation of homosexuality in the northern part of Cyprus”

     
   

(CM/Del/Dec(2012)1141/3.2a)
(CM/Notes/1145/3.1b of 25.5.2012)

 

c. Written Question No. 609 by Mr Omtzigt: “Mr Magnitsky’s case investigation”

     
   

(CM/Del/Dec(2012)1130/3.1a and CM/AS(2012)Quest609 prov)
(CM/Notes/1145/3.1c of 23.5.2012)

     
 

d. Written Question No. 610 by Lord Boswell: “Discrimination on grounds of sexual orientation or gender identity”

     
   

(CM/Del/Dec(2012)1132/3.2a and CM/AS(2012)Quest610 prov2)
(CM/Notes/1145/3.1d of 31.5.2012)

     

4.

Human rights

     

4.1

European Commission against Racism and Intolerance (ECRI) –
Nomination of a member of ECRI in respect of Latvia
(Item prepared by the GR-H on 29.5.2012)

     
   

(Resolution Res(2002)8 and DGII(2012)3)
(CM/Notes/1145/4.1 of 31.5.2012)

     

4.2

“Prenatal sex selection” – Parliamentary Assembly Recommendation 1979 (2011)

(Item postponed)

4.3

“Abuse of State secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations” – Parliamentary Assembly Recommendation 1983 (2011)

     

(Item postponed)

4.4

“The protection of privacy and personal data on the Internet and online media” –
Parliamentary Assembly Recommendation 1984 (2011)
(Item prepared by the GR-H on 29.5.2012)

     
   

(Parliamentary Assembly REC_1984 (2011) and CM/AS(2012)Rec1984 prov)
(CM/Notes/1145/4.4 of 30.5.2012)

     

4.5

Steering Committee for Human Rights (CDDH) –
Report to the Committee of Ministers on the elaboration of legal instruments for the accession of the European Union to the European Convention on Human Rights

     
   

(CM/Del/Dec(2011)1126/4.1, CM(2011)149 and DD(2012)573)
(CM/Notes/1145/4.5 of 4.6.2012)

     

4.6

“The large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores” – Parliamentary Assembly Recommendation 1967 (2011),
“Unaccompanied children in Europe: issues of arrival, stay and return –
Parliamentary Assembly Recommendation 1969 (2011) and
“Asylum seekers and refugees: sharing responsibilities in Europe” –
Parliamentary Assembly Recommendation 1973 (2011)
(Item prepared by the TC-ENF (for the reply to Recommendation 1969 (2011)) and to be prepared by the GR-H on 19.6.2012)

(Item postponed)

4.7

Framework Convention for the Protection of National Minorities

   
 

a. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention by Austria
(Item prepared by the GR-H on 29.5.2012)

     
   

(CM(2012)86)
(CM/Notes/1145/4.7a of 31.5.2012)

     
 

b. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention by Denmark
(Item prepared by the GR-H on 29.5.2012)

     
   

(CM(2012)65)
(CM/Notes/1145/4.7b of 31.5.2012)

     

 

c. Draft Resolution CM/ResCMN(2012)… on the implementation of the Framework Convention by Estonia
(Item prepared by the GR-H on 29.5.2012)

     
   

(CM(2012)28 rev3)
(CM/Notes/1145/4.7c of 31.5.2012)

     

6.

Social cohesion

     

6.1

European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) –
Draft Recommendation CM/Rec(2012).. of the Committee of Ministers to member States on the protection and promotion of the rights of women and girls with disabilities
(Item prepared by the GR-SOC on 29.5.2012)

     
   

(CM(2012)54 and CM(2012)54 corr)
(CM/Notes/1145/6.1 of 1.6.2012)

     

6.2

European Health Committee (CDSP) –
Draft Recommendation CM/Rec(2012)... of the Committee of Ministers to member States on the implementation of good governance principles in health systems
(Item to be prepared by the GR-SOC on 3.7.2012)

     
   

(CM(2012)73 and CM(2012)73 add)

     

(Item postponed)

6.3

European Code of Social Security –
Draft Resolutions CM/ResCSS(2012)… on the application of the European Code of Social Security and its Additional Protocol (period 1 July 2010 to 30 June 2011)
(Item to be prepared by the GR-SOC on 3.7.2012)

     
   

(CM(2012)71)

     

(Item postponed)

6.4

European Directorate for the Quality of Medicines and Healthcare (EDQM) –
European Committee on Blood Transfusion (Partial Agreement) (CD-P-TS)

   
 

a. Abridged report of the 7th meeting (Strasbourg, 16-17 November 2011)
(Sub-item prepared by the GR-SOC on 3.7.2012)

   
   

(CM(2012)74 and CM(2012)74 add1)
(CM/Notes/1145/6.4a of 1.6.2012)

     
 

b. Draft Resolution CM/Res(2012)… on sexual behaviours of blood donors that has an impact on transfusion safety

(Sub-item postponed)

8.

Youth and sport

     

8.1

12th Council of Europe Conference of Ministers responsible for Sport (Belgrade, Serbia, 15 March 2012) – Report of the Secretary General
(Item prepared by the GR-C on 4.5.2012 and by written consultation)

   
   

(CM(2012)66, DD(2012)535 and DD(2012)566)
(CM/Notes/1145/8.1 of 12.6.2012)

     

10.

Legal questions

     

10.1

Committee of Legal Advisers on Public International Law (CAHDI)

   
 

a. Exchange of views with the Chair of the CAHDI

     
 

b. Abridged report of the 43rd meeting (Strasbourg, 29-30 March 2012)

   
   

(CM(2012)70)

     
 

(Item prepared by the GR-J on 7.6.2012)

     
   

(CM/Notes/1145/10.1 of 8.6.2012)

     

10.2

European Committee on Crime Problems (CDPC) –
Draft Fourth Additional Protocol to the European Convention on Extradition and its Explanatory Report
(Item prepared by the GR-J on 7.6.2012)

     
   

(CM(2012)68 prov, CM(2012)68 addprov and Parliamentary Assembly Opinion No. 282 (2012))
(CM/Notes/1145/10.2 of 8.6.2012)

     

10.3

Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211) –
Request by the Republic of Guinea to be invited to sign
(Item to be prepared by the GR-J on 4.7 2012)

     

(Item postponed)

10.4

Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 22nd meeting (Strasbourg, 12-13 April 2012)
(Item prepared by the GR-J on 7.6.2012)

     
   

(CM(2012)77)
(CM/Notes/1145/10.4 of 8.6.2012)

     

10.5

European Committee on Legal Co-operation (CDCJ) – Draft ad hoc terms of reference
(Item prepared by the GR-J on 7.6.2012)

     
   

(CM(2011)158 add1prov, CM(2011)158 add2prov, GR-J(2012)CB1, DD(2012)149, DD(2012)165, GR-J(2012)8 and GR-J(2012)11)
(CM/Notes/1145/10.5 of 8.6.2012)

     

10.6

European Charter for Regional or Minority Languages

   
 

a. First report of the Committee of Experts in respect of Romania
(Item prepared by the GR-J on 7.6.2012)

     
   

(CM(2012)79)
(CM/Notes/1145/10.6a of 8.6.2012)

 

b. Election of a member of the Committee of Experts in respect of Sweden
(Item prepared by the GR-J on 7.6.2012)

     
   

(CM(2012)72)
(CM/Notes/1145/10.6b of 8.6.2012)

     

10.7

“Combating “child abuse images” through committed, transversal and internationally co ordinated action” – Parliamentary Assembly Recommendation 1980 (2011)
(Item prepared by the GR-H on 7.6.2012)

   
   

(Parliamentary Assembly REC_1980 (2011) and CM/AS(2012)Rec1980 prov)
(CM/Notes/1145/10.7 of 8.6.2012)

     

10.8

“The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes” – Parliamentary Assembly Recommendation 1953 (2011)
(Item prepared by the GR-H on 7.6.2012)

     
   

(Parliamentary Assembly REC_1953 (2011) and CM/AS(2012)Rec1953 prov4)
(CM/Notes/1145/10.8 of 12.6.2012)

     

11.

Administration and logistics

     

11.1

Co-ordinated Committee on Remuneration (CCR) –
Remuneration adjustment method for staff of the co-ordinated organisations 2013-2016 –
211th CCR report and affordability clause
(Item prepared by the GR-PBA on 15.5.2012)

     
   

(CM(2012)52)
(CM/Notes/1145/11.1 of 30.5.2012)

     

11.2

Co-ordinated Committee on Remuneration (CCR) –
2011 activity report (Report by the Chairman, Mr Franz Cede)
(Item prepared by the GR-PBA on 15.5.2012)

     
   

(CM(2012)57)
(CM/Notes/1145/11.2 of 24.5.2012)

     

11.3

Unpaid contributions from previous years and related late payment interest as at 17 February 2012
(Item prepared by the GR-PBA on 15.5.2012)

     
   

(CM(2012)18 and CM(2012)18 add)
(CM/Notes/1145/11.3 of 24.5.2012)

     

11.4

Administrative Tribunal of the Council of Europe – Appointment of a judge

     
   

(CM/Del/Dec(2012)1138/11.1 and CM/Del/Dec(2012)1142/11.1)
(CM/Notes/1145/11.4 of 23.5.2012)

     

11.5

Pension Reserve Fund – Nomination to the Management Board

     
   

(CM/Notes/1145/11.5 of 25.5.2012)

     

13.

Any other business

Appendix 2
(Item 1.2)

1147 Meeting of the Ministers' Deputies
(Strasbourg, 4 (10 a.m.) July 2012)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 6 June 2012
Notes: 22 June 2012

1.

General questions

     

1.1

Adoption of the agenda

   
   

(CM/Del/OJ(2012)1147)

     

1.2

Preparation of forthcoming meetings

     
   

(CM/Notes/1147/1.2 of …)

     

1.3

Dialogue with the Secretary General and the Deputy Secretary General

     
   

(SG/Com(2012)1147)

     

1.4

Report of the Bureau

     
   

(CM/Bur/Del(2012)…)

     

1.5

Conferences of specialised ministers – State of preparation

     
   

(CM/Inf(2012)20)
(CM/Notes/1147/1.5 of …)

     

1.6

“Follow-up by the Committee of Ministers to the work of the Parliamentary Assembly” –
Recommendation 1999 (2012) of the Parliamentary Assembly
(Item to be prepared by the GT-REF.INST on 21.6.2012)

     
   

(Parliamentary Assembly REC_1999 (2012) and CM/AS(2012)Rec1999 prov)
(CM/Notes/1147/1.6 of …)

     

1.7

Co-operation between the Council of Europe and the European Union Agency for Fundamental Rights – Appoint the alternate member to the independent person to sit on the organs of the Agency

     
   

(CM/Del/Dec(2012)1141/1.8, CM/Del/Dec(2012)1145/1.8, GR-EXT(2012)CB4, DD(2012)272, DD(2012)351 and DD(2012)540)
(CM/Notes/1147/1.7 of …)

1.8

Thematic debate: “Living together implies having a level of common competences as regards intercultural and democratic dialogue, as well as a system of attitudes, behaviour and common values. Can these be taught?” – Follow-up

     
   

(SG/Inf(2012)17, DD(2012)536 and DD(2012)…)
(CM/Notes/1147/1.8 of …)

2.

Democracy and political questions

     

2.1

The Council of Europe and the conflict in Georgia

     
   

(CM(2008)150 rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV prov, CM(2009)PV add1, CM(2009)PV add2, SG/Inf(2009)10, SG/Inf(2009)5 add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15 final, SG/Inf(2009)5 add2, Parliamentary Assembly REC_1846 (2008) and CM/AS(2009)Rec1846 final, Parliamentary Assembly REC_1857 (2009) and CM/AS(2009)Rec1857 final, CM(2009)164, Parliamentary Assembly REC_1869 (2009) and CM/AS(2010)Rec1869 final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24 and SG/Inf(2012)5)

     

2.1bis

Current political questions

   
 

a. Activities for the development and consolidation of democratic stability
(Item to be prepared by the GR-DEM on 21.6.2012)

     
   

(CM/Notes/1147/2.1bis of …)

     
 

b. Other questions

2.2

Situation in Cyprus

     

3.

Parliamentary Assembly

     

3.1

3rd part of the 2012 Session (Strasbourg, 25-29 June 2012)

   
 

a. Exchange of views with the President of the Parliamentary Assembly

   
   

(SG/AS(2012).. – Written communication by the Secretary General of the Parliamentary Assembly)

     
 

b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (26 June 2012)

     
   

(CM/AS(2012).., CM/AS(2012).. and AS(2012)CR..)
(CM/Notes/1147/3.1b of …)

     
 

c. Texts adopted

     
   

(2012 Session (Provisional Compendium of texts adopted))
(CM/Notes/1147/3.1c of …)

     

4.

Human rights

     

H46-1

Case against Bosnia and Herzegovina –
27996/06 Sejdić and Finci, judgment of 22/12/2009, Grand Chamber

     
   

Interim Resolution CM/ResDH(2011)291, CM/Inf/DH(2011)6, DH-DD(2010)108,
DH-DD(2011)403, DH-DD(2012)64, DH-DD(2011)915, DH-DD(2010)307, DH-DD(2011)1065, Parliamentary Assembly Resolution 1855 (2012) and Declaration of the Chairman of the Committee of Ministers)
(CM/Notes/1147/H46-1 of …)

     

5.

Media

     

5.1

Steering Committee on Media and Information Society (CDMSI)

   
 

a. Abridged report of the 1st meeting (Strasbourg, 27-30 March 2012)

   
 

b. Draft terms of reference of the Committee of Experts on Rights of Internet Users (MSI-DUI)

   
 

(Item to be prepared by the GR-H on 19.6.2012)

     
   

(CM(2012)80 and CM(2012)91)
(CM/Notes/1147/5.1 of …)

     

9.

Sustainable development

     

9.1

Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT), 16th session (Athens, Greece)
(Item prepared by the GR-C on 12.6.2012)

   
   

(CM/Del/Dec(2011)1118/9.2, DD(2012)542)
(CM/Notes/1147/9.1 of …)

     

10.

Legal questions

     

10.1

Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health (CETS No. 211) –
Request by the Republic of Guinea to be invited to sign
(Item to be prepared by the GR-J on 4.7.2012)

     
   

(CM/Notes/1147/10.1 of …)

     

11.

Administration and logistics

     

11.1

Revision of the 2012 Budget –
Enlarged agreement on the European Commission for Democracy through Law (Venice Commission)
(Item to be prepared by the GR-PBA on 19.6.2012)

     
   

(CM(2012)33)
(CM/Notes/1147/11.1 of …)

11.2

Adjustment to the 2012 Budget of the European Court of Human Rights
(Item to be prepared by the GR-PBA on 19.6.2012)

     
   

(CM(2012)87)
(CM/Notes/1147/11.2 of …)

     

11.3

Pension Reserve Fund –
1st report for 2012 of the Management Board to the Committee of Ministers
(Item to be prepared by the GR-PBA on 19.6.2012)

     
   

(CM(2012)88)
(CM/Notes/1147/11.3 of …)

     

13.

Any other business

Appendix 3
(Item 4.4)

Reply to Parliamentary Assembly Recommendation 1984 (2011) on

“The protection of privacy and personal data on the Internet and online media”

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has examined with interest Parliamentary Assembly Recommendation 1984 (2011) on “The protection of privacy and personal data on the Internet and online media” which it has forwarded to a number of intergovernmental bodies8 for information and possible comments. This recommendation has been brought to the attention of the governments of member States for transmission to the competent ministries and data protection authorities.

2. The Committee of Ministers welcomes the Parliamentary Assembly’s initiative to promote common legal standards guaranteeing the protection of privacy and personal data in networks and services based on information and communications technologies (ICTs) throughout Europe and beyond. While they are remarkable tools for expressing, communicating and promoting the enjoyment of human rights, it is also important to point out that they present multiple opportunities for human rights violations, which is why this question is of paramount importance.

3. Consequently, the Committee of Ministers calls on member States which have not already done so, to explore the possibility of signing and ratifying the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) and its Additional Protocol regarding supervisory authorities and transborder data flows (ETS No. 181). It also wishes to draw attention to its Recommendation CM/Rec(2011)7 on a new notion of media, which offers a reference framework for ensuring the protection of the right to freedom of expression and access to information in connection with new media stakeholders.

4. Furthermore, being firmly convinced that the accession of non-member States of the Council of Europe will reinforce the universal recognition of the fundamental principles of the protection of personal data, the Committee of Ministers assures the Assembly that it will pursue its efforts to encourage and support the signature and ratification of the Convention by States beyond the Council of Europe’s borders.

5. With regard to the provision of adequate budgetary resources within the Secretariat of the Council of Europe for the further legal development of Convention No. 108, the Committee of Ministers would inform the Assembly that appropriate resources have been allocated in the Council of Europe’s 2012-2013 budget. It wishes nevertheless to reiterate the need for voluntary contributions to continue promoting Convention No. 108 beyond the borders of Europe.

6. In addition, the Committee of Ministers draws the attention of States Parties to Convention No. 108 to the recommendations made in paragraph 2.5 of the Assembly’s recommendation.

7. With regard to paragraphs 2.6 and 2.7 of the Assembly’s recommendation, the Committee of Ministers refers to the Council of Europe Strategy on Internet Governance adopted on 15 March 2012 which, amongst other things, focuses on promoting broader participation in the Budapest Convention (ETS No. 185). Moreover, the Committee encourages member States to sign and ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201), promoted by the Council of Europe’s ONE in FIVE campaign.

8. In respect of the recommendation made in paragraph 2.8, the Committee of Ministers would point out that these concerns have already been taken into account in the work of the Steering Committee on Bioethics (CDBI) in drafting the Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Genetic Testing for Health Purposes. They are also taken into account in all of the CDBI’s current work, particularly discussions concerning the processing of health-related data for insurance purposes, as well as those concerning biobanks. Given that this problem arises in other spheres of medicine, consideration is also being given to the question of access to data contained in medical files, and particularly in electronic files.

9. Lastly, the Committee of Ministers takes note of the invitation to the Secretary General to ensure the protection of privacy and personal data processed by the Organisation and to strengthen the position of the Council of Europe’s Data Protection Commissioner. It points out that the T-PD has adopted a revised draft Regulation outlining a data protection system for personal data files in the Council of Europe, which should cover personal data processed by all bodies and institutions of the Organisation. The Committee also welcomes the appointment of Ms Eva Souhrada-Kirchmayer as Data Protection Commissioner and trusts that this appointment will contribute to the strengthening of the protection of personal data within the Council of Europe.

Appendix 4
(Item 4.7a)

Resolution CM/ResCMN(2012)7
on the implementation of the Framework Convention for the Protection of National Minorities
by Austria

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”),

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;9

Having regard to the instrument of ratification submitted by Austria on 31 March 1998;

Recalling that the Government of Austria transmitted its state report in respect of the third monitoring cycle under the Framework Convention on 23 August 2010;

Having examined the Advisory Committee’s third opinion adopted on 28 June 2011, as well as the written comments of the Government of Austria received on 20 December 2011;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Austria:

a) Positive developments

Austria has maintained a generally positive approach towards the Framework Convention and its monitoring system. Levels of inter-ethnic tolerance and understanding appear overall improved, including in Carinthia, following extensive efforts from the federal authorities and academia as well as private initiatives. A compromise between the Carinthian local authorities and Slovene minority representatives with regard to bilingual topographical signs and the use of Slovenian as an official language in areas with a mixed population was reached in June 2011, with the assistance of the federal authorities.

Austria continues to develop an advanced and successful system of bilingual primary education in Burgenland and Carinthia which is increasingly attractive also to pupils belonging to the majority population. Bilingual kindergartens are equally gaining appeal and some are also opening in Vienna as a result of private initiatives that receive some public support. As regards the integration of foreigners, the city of Vienna continues to develop innovative strategies, including successful educational and community relation initiatives. Training and human rights awareness courses for police forces continue to be offered and the Human Rights Advisory Board within the Ministry of the Interior is actively implementing its mandate to provide independent advice and promote the protection of human rights in law enforcement.

Some progress has been made with regard to the availability and quality of minority language TV and radio broadcasting. A lively private media environment contributes to a dynamic and diversified offer for persons belonging to national minorities, particularly in Vienna.

b) Issues of concern

There has been no visible progress towards a more consistent and inclusive application of the Framework Convention, as persons belonging to national minorities living outside their areas of traditional settlement still lose the benefit of substantial minority rights when moving away from the areas. Overall, the approach of the authorities with regard to the application of minority rights appears linked to statistical considerations, particularly as regards the recognition of a group as a national minority and the implementation of certain minority linguistic and educational rights.

The financial support of the Federal Chancellery for activities aiming at the preservation and development of national minority cultures and languages has not increased since 1995 and has not been adjusted to inflation which results in an actual decrease of the support. While additional sources of funding are available from other relevant ministries, as well as at Länder level, allocations are usually short-term and project-based, which limits opportunities for minority groups to engage in more comprehensive or sustainable initiatives. These, however, are essential as all groups express concern at the ongoing process of losing their distinct identity.

There is no comprehensive system to obtain reliable data on the situation of persons belonging to national minorities which hampers the development of targeted and efficient policies for the promotion of equal opportunities. In the absence of reliable data on the situation of Roma, for instance, perceptions of their access to education and employment among minority representatives and relevant authorities differ greatly.

Despite concerted efforts by the authorities, racist or xenophobic incidents continue to be reported with some regularity, as are statements from within the political spectrum that incite inter-ethnic hostility. The available legal remedies against discrimination and criminal law provisions sanctioning racial or ethnically-motivated violence are reportedly applied only seldom and appear not to be widely known. The capacity of the Ombudspersons for Equal Treatment and the Equality Commission must be further strengthened to enable them to more effectively address discrimination and raise awareness in society.

National minority representatives consider that their history and culture remain underrepresented in textbooks and school curricula; information reveals little about the positive contributions of national minorities to the Austrian culture and seems often to be based on stereotypes. The persecution and deportation of persons belonging to national minorities between 1938 and 1945 are reportedly not sufficiently addressed.

Apart from radio coverage in the Slovenian language in Carinthia, the overall offer in minority language TV and radio programmes as well as print media is limited and insufficient to enable an adequate presence of national minority languages in the media. The Austrian Press Promotion system in practice disadvantages smaller editions without supra-regional coverage (including minority language newspapers), paying insufficient attention to the essential role played by the media in the promotion of the cultural and linguistic identity of minorities.

The Constitutional Court decisions of 13 December 2001 (on bilingual topographical signs in Carinthia) as well as of 4 October 2000 (on the use of the Slovenian language with local authorities) remain insufficiently implemented. Minority representatives report limited willingness by civil servants to accommodate minority languages in official dealings, even in the municipalities where minority language use is formally admitted. The compromise regarding the municipalities where bilingual signs should be displayed and the Slovenian language admitted to be used with authorities, lies below the standard of protection referred to as adequate by the Constitutional Court in 2001.

The positive results of bilingual education in primary school can often not be built upon due to the fact that only limited opportunities for bilingual higher education exist. The quality and quantity of bilingual education is not always satisfactory, particularly in Burgenland. More efforts should be made to increase the availability of adequate teacher training for bilingual and minority language education. The educational needs of persons belonging to national minorities in Vienna are still not adequately met despite an increasing demand for education in minority languages. The support allocated to private institutions teaching minority languages is insufficient to secure their longer-term existence.

There have been no significant improvements as regards the promotion of effective participation of national minorities in decisions that affect them. Neither the appointment procedures to the advisory councils nor their composition have been reviewed, and their competency remains limited to the distribution of the federal funds for minority cultural activities. A proposal for amendments to the 1976 Law on Ethnic Groups concerning linguistic rights was introduced to parliament without prior consultation with representatives of all affected national minority groups. Despite some notable exceptions, persons belonging to the Roma minority continue to face substantial difficulties, particularly as regards access to education and formal employment. Efforts continue to be made by the federal as well as Länder authorities but there is still no comprehensive, long-term programme designed and implemented in close co-operation with Roma representatives to promote their effective equality and participation in public life.

2. Adopts the following recommendations in respect of Austria:

In addition to the measures to be taken to implement the detailed recommendations contained in sections I and II of the opinion of the Advisory Committee, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

Issues for immediate action10

- take resolute steps towards amending the national minority legislation with a view to ensuring consistent and inclusive protection of national minority rights throughout Austria; ensure comprehensive and effective consultation with national minority representatives before adopting any amendments to relevant legislation;

- ensure effective and consistent enjoyment throughout Austria of the linguistic rights of persons belonging to national minorities in line with Articles 10 and 11 of the Framework Convention and relevant Constitutional Court decisions; ensure that due flexibility is introduced when applying thresholds in relevant national legislation to avoid arbitrary distinctions being made;

- review the current system for the appointment and composition of the advisory councils for national minorities to ensure that they are representative of the views and concerns of persons belonging to national minorities; substantially broaden the competencies of the councils and ensure that they are effectively consulted on all issues that affect them and have an impact on the relevant decision making.

Other recommendations1

- design, implement and regularly monitor, in close consultation and co-operation with Roma representatives, comprehensive long-term programmes to promote the effective equality and participation of persons belonging to the Roma minority in all spheres of public life;

- increase the financial support aimed at the preservation and development of national minority culture, language and identity and review the payment modalities to ensure that longer-term initiatives can be planned and implemented effectively;

- reinforce ongoing efforts to address racism and xenophobia in society, including by strongly condemning all manifestations of intolerance and populism in the political arena and the media, and continue to raise awareness on the available legal remedies; strengthen the capacity of the Ombudspersons for Equal Treatment and the Equality Commission to more effectively combat discrimination in society;

- enhance the presence of minority languages in radio and TV broadcasts as well as print media and consider making available special press subsidies for minority languages;

- ensure that national minority history and culture, including their positive contributions to Austrian society, are adequately reflected in school curricula and history textbooks, and that tolerance and mutual understanding between different groups in society is further promoted in all education institutions;

- consider all options to increase the availability of bilingual education beyond primary school as an essential tool to preserve the presence of minority languages in Austria.

3. Invites the Government of Austria, in accordance with Resolution Res(97)10:

    a. to continue the dialogue in progress with the Advisory Committee;

    b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

Appendix 5
(Item 4.7b)

Resolution CM/ResCMN(2012)8
on the implementation of the Framework Convention for the Protection of National Minorities
by Denmark

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”),

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;11

Having regard to the instrument of ratification submitted by Denmark on 22 September 1997;

Recalling that the Government of Denmark transmitted its state report in respect of the third monitoring cycle under the Framework Convention on 30 March 2010;

Having examined the Advisory Committee’s third opinion adopted on 31 March 2011 as well as the written comments of the Government of Denmark received on 1 December 2011;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Denmark:

a) Positive developments

In 2003, Denmark adopted the Act on Ethnic Equal Treatment, which contains comprehensive anti-discrimination provisions. In this context, Denmark has set up the Board for Equal Treatment, a new body responsible for monitoring the implementation of the Act. The efforts to combat racism and racist violence have been pursued and various schemes to promote cultural diversity and encourage tolerance are being implemented, in particular the Action Plan for Ethnic Equal Treatment and Respect for the Individual, which was adopted in July 2010.

Improvements have been made to the system of registering racist incidents used by the Danish security service (PET) and guidelines have been drawn up to encourage the reporting of hate crimes.

There is no longer any special class for Roma children, and the adoption of specific measures, such as the employment of school mediators and appropriate additional tutoring, has enabled a reduction in absenteeism and dropping out of schools among Roma pupils as well as an improvement in their performance at school.

Following the introduction of an electronic system for registering the names of newborn children, the Danish National Church is no longer mentioned on certificates issued to persons who do not belong to this church.

The authorities have pursued a solid and effective policy of support for persons belonging to the German minority and relations between the authorities and the representatives of the German minority are characterised by a climate of dialogue and trust.

b) Issues of concern

The Board for Equal Treatment and the Danish Institute for Human Rights are suffering from a lack of visibility among the population and do not have sufficient human and financial resources to carry out their tasks. Persons belonging to the groups most at risk of becoming victims of discrimination are not adequately informed about the remedies available.

The police sometimes fail to take into account the racist nature of acts of violence, which discourages victims from lodging complaints.

Some media continue to spread a distorted and discriminatory image of the Roma and of Muslims despite the existence of ethical guidelines and a supervisory mechanism implemented by the Press Council. Hostile and racist statements made by certain political leaders have apparently also been disseminated by some media and on the Internet.

The distribution of the German minority’s local newspaper is potentially at risk if no solutions are found in order to ensure its financial survival.

In South Jutland, information which is important for persons belonging to the German minority, as well as the Advisory Committee’s opinions, are not translated into the minority language of this group nor disseminated in South Jutland.

The installation of signs and topographical indications in German in the South Jutland region is not yet sufficiently advanced.

The administrative reform of 2006 appears to have resulted, in some cases, in a lack of awareness of the Framework Convention, which is jeopardising the implementation of certain provisions of the Convention in South Jutland

2. Adopts the following recommendations in respect of Denmark:

In addition to the measures to be taken to implement the detailed recommendations contained in sections I and II of the Advisory Committee's opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

Issues for immediate action12

- raise general public awareness of the Act on Ethnic Equal Treatment of 2003 and of the work of the Board for Equal Treatment; ensure that the funding of the Board for Equal Treatment and the Danish Institute for Human Rights is appropriate to their needs;

- adopt the necessary measures in order to ensure that persons belonging to the German minority maintain print media in their own language; in particular, ensure adequate funding of the German-language newspaper;

- adopt additional measures to raise awareness of the Framework Convention and ensure its effective implementation at the local and regional levels in South Jutland.

Further recommendations1

- propose additional training for police officers to raise their awareness of the diverse dimensions and manifestations of racism so that they are better able to assess whether or not incidents reported to them are racist in nature;

- take additional measures to ensure that the media fully comply with the rules of professional conduct, while respecting media independence; encourage the recruitment of persons of non-Danish ethnic origin into the media in order to promote cultural diversity and encourage the dissemination of a more accurate image of persons belonging to national minorities;

- translate information which is important for persons belonging to the German minority, as well as the Advisory Committee’s opinions, into the minority language of this group and ensure that these translations are disseminated in South Jutland;

- consult the representatives of the German minority with the aim of progressively installing topographical indications and other bilingual signs in South Jutland, where appropriate.

3. Invites the Government of Denmark, in accordance with Resolution Res(97)10:

    a. to continue the dialogue in progress with the Advisory Committee;

    b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

Appendix 6
(Item 4.7c)

Resolution CM/ResCMN(2012)9
on the implementation of the Framework Convention for the Protection of National Minorities
by Estonia

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”),

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;13

Having regard to the instrument of ratification submitted by Estonia on 6 January 1997;

Recalling that the Government of Estonia transmitted its state report in respect of the third monitoring cycle under the Framework Convention on 13 April 2010;

Having examined the Advisory Committee’s third opinion adopted on 1 April 2011, as well as the written comments of the Government of Estonia received on 30 September 2011;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Estonia:

a) Positive developments

Estonia has maintained a generally positive approach towards the Framework Convention and its monitoring system and has been co-operating constructively with the Advisory Committee. The overall climate between ethnic Estonians and non-Estonians has significantly improved over the years. Although Estonia’s legal framework related to the protection of national minorities formally still excludes the high number of long-term residents without citizenship, apart from the significant right to stand in elections or vote in parliamentary elections, non-citizens belonging to national minorities enjoy effectively equal access to rights protected under the Framework Convention.

The Equal Treatment Act, which entered into force in January 2009, provides protection from discrimination on the grounds of nationality, race, colour, religion or other beliefs, age, disability and sexual orientation. The competencies of the Gender Equality Commissioner were broadened to cover complaints of discrimination based on these grounds. Related awareness-raising campaigns among the public and some training activities with relevant civil servants are ongoing. A new Estonian Integration Strategy (2008-2013) was prepared by the government which declares integration as a two-way process affecting society as a whole.

The number of persons without citizenship has considerably decreased since the last monitoring cycle. The authorities have made commendable efforts to facilitate the naturalisation of minors under the age of 15.

Two national minorities (the Ingrian-Finnish and the Swedish) receive baseline funding in line with the National Cultural Autonomy Act. Other minority cultural centres have access to substantial project-based funding via the Ministry of Culture as well as the Integration Foundation for their cultural initiatives.

The authorities have made considerable efforts to increase the proportion of radio and TV programmes intended for Russian-speakers and those persons speaking other languages. Available budgets have also been increased.

Concerted efforts have been made in the prevention and treatment of HIV/AIDS that have benefitted large numbers of persons belonging to national minorities, and have led to the containment of the epidemic in the country.

b) Issues of concern

The office of the Gender Equality and Equal Treatment Commissioner has not received any increase in support following the broadening of her tasks and is seriously under-resourced. So far, only few ethnicity based complaints have reached the office, as there appears to be insufficient knowledge of its new responsibilities among persons belonging to national minorities as well as within law enforcement services and the judiciary, particularly in remote areas.

The Estonian Integration Strategy appears focused on non-Estonians and efforts to increase their State language capacity, but does not contain sufficiently concrete measures aimed at promoting more openness of ethnic Estonians towards diversity in society.

The number of persons without citizenship still remains at around 100,000. While significant numbers of minors have acquired citizenship, the overall rate of naturalisations per year has been decreasing since 2005. The non-availability of free Estonian language classes to prepare for the citizenship examination is cited as an important reason for this decrease among adults, particularly the elderly. The situation requires further steps by the authorities to encourage and facilitate naturalisations.

In a generally difficult economic environment for print media, publications in minority languages appear to be rapidly decreasing. Significant parts of the minority readership are no longer using local print media but have been orientated towards foreign media instead. The translation requirement concerning “foreign language” broadcasts into Estonian remains unchanged. The few bilingual options appear to offer different sets of news and perceptions to their respective readership and there is continued negative stereotyping of minorities in some media, particularly on the internet, with harmful effects on social cohesion.

The Language Act was amended in February 2011 in order to revise and update the language regulations which had become rather complicated following a number of previous amendments. There was no comprehensive consultation with minority representatives and international recommendations for a more balanced promotion of the State language while fully guaranteeing the linguistic rights of persons belonging to national minorities were not taken into account. The Language Inspectorate still follows a regulatory approach, imposing fines that are sometimes considered disproportionate. In addition, some of the requirements for State language proficiency in professional occupations appear not to be proportionate to the legitimate aim pursued and more flexibility should be used in their application, particularly as regards the areas where the majority of the population speaks Russian. The threshold for using a minority language in relations with local authorities remains at 50% and is applied without flexibility. Knowledge among the population in Ida-Viru County about possibilities to introduce parallel place names in minority languages appears very limited.

While the Estonian Integration Strategy acknowledges the significance of education as a tool for integration and mentions the importance of cultural diversity in the school curricula, there are insufficient multicultural elements in the curricula and textbooks; integration activities of schools centre mainly on the promotion of State language skills of non-Estonian pupils. The transfer to Estonian as the main language of instruction in upper-secondary schools continues to be implemented despite the fact that many schools and teachers are not sufficiently prepared for this change and are reportedly experiencing a significant loss in the quality of education offered.

The National Minorities Cultural Advisory Council under the Ministry of Culture constitutes the main consultative mechanism for persons belonging to national minorities. There appears to be no institutionalised channel for minority representatives to discuss important issues of concern that are not related to culture with relevant government bodies. The Round Table of Nationalities, whose members are appointed by the recently created Estonian Co-operation Assembly under the President, cannot be considered an effective consultation instrument as it has no representative function regarding the views and concerns of persons belonging to minority communities.

The unemployment rate among ethnic non-Estonians is still disproportionately high compared with that among Estonians. There are perceptions among non-Estonians that ethnic Estonians are the preferred candidates irrespective of qualification or language ability. The region of Ida-Virumaa, which is predominantly populated by non-Estonians, has been particularly affected by the economic crisis.

2. Adopts the following recommendations in respect of Estonia:

In addition to the measures to be taken to implement the detailed recommendations contained in sections I and II of the opinion of the Advisory Committee, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

Issues for immediate action14

- take a more balanced approach towards the legitimate aim of promoting the State language while ensuring the rights of persons belonging to national minorities to speak and use their languages in public, also in relations with local authorities; favour a policy of incentives over punitive methods with regards to the implementation of the Language Act as amended in February 2011;

- ensure that the ongoing transfer to Estonian as the main language of instruction in upper-secondary Russian language schools is implemented gradually and with due regard to the quality of education offered in Estonian as well as Russian language; expand the availability of relevant teacher training courses including as regards bilingual and multicultural education;

- take appropriate measures to expand consultative mechanisms for persons belonging to national minorities beyond the cultural sphere; ensure that minority representatives are effectively involved in and have a substantial impact on all relevant processes of decision making affecting them.

Other recommendations1

- provide adequate financial and human resources to the Office of the Gender Equality and Equal Treatment Commissioner and ensure that awareness of her responsibilities is raised among society at large and relevant public services throughout the country;

- ensure that minority representatives are effectively consulted on the Integration Strategy, and that initiatives that create common social spaces and networking opportunities between ethnic Estonians and non-Estonians are enhanced, focussing in particular on promoting openness towards diversity among the majority population;

- take all appropriate measures, while fully respecting freedom of expression, to curtail stereotyping of minorities in the media and further promote minority language broadcast and print media, particularly as regards locally produced news; reconsider the translation requirement of the media and develop, in consultation with minority representatives, more appropriate means to ensuring a diverse but shared media space for the entire Estonian society;

- conduct a constructive dialogue with minority representatives on language-related developments, including with regards to the approach and functioning of the Language Inspectorate;

- expand opportunities to introduce minority language place names, in line with the principles contained in Article 11 of the Framework Convention, and ensure that relevant minority communities are aware of their rights in this respect;

- ensure that more intercultural elements are introduced in the school curricula and expand opportunities for bilingual education to increase opportunities for contacts between the ethnic Estonian and non-Estonian communities;

- combat perceptions about ethnic Estonians being favoured on the labour market in order to ensure that persons belonging to national minorities feel motivated to enter and remain in the Estonian labour market; create targeted development initiatives in the particularly disadvantaged region of Ida-Virumaa.

3. Invites the Government of Estonia, in accordance with Resolution Res(97)10:

    a. to continue the dialogue in progress with the Advisory Committee;

    b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

Appendix 7
(Item 6.1)

Recommendation CM/Rec(2012)6
of the Committee of Ministers to member States
on the protection and promotion of the rights of women and girls with disabilities

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Having regard to the Universal Declaration of Human Rights (1948), the United Nations Declaration on the Elimination of Violence Against Women (1993), the Beijing Declaration (1995), the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights (1966), the United Nations Convention on the Elimination of All Forms of Discrimination against Women (1979) and its Optional Protocol (1999), the United Nations Convention on the Rights of the Child (1989) and its Optional Protocols (2000), the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol (2006), which recognise to all women the universal right to equality before the law and protection against discrimination;

Having regard to the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5), particularly Article 14 “Prohibition of discrimination”, and Protocol No. 12 (ETS No. 177), particularly its Article 1 “General prohibition of discrimination”, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201) and the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210);

Bearing in mind the principles embodied in the European Social Charter (ETS No. 35) and the revised European Social Charter (ETS No. 163), in particular its Article 15 “The right of persons with disabilities to independence, social integration and participation in the life of the community”;

Having regard to the relevant provisions of the United Nations Convention on the Rights of Persons with Disabilities on women with disabilities, particularly its Article 6 “Women with disabilities” which highlights the measures to be taken in order to “ensure the full development, advancement and empowerment of women”;

Recalling that in the Warsaw Declaration adopted at the Third Summit of the Heads of State and Government of the Council of Europe (2005), the member States affirmed that “effective democracy and good governance at all levels are essential for preventing conflicts, promoting stability, facilitating economic and social progress, and hence for creating sustainable communities where people want to live and work, now and in the future”, and that this presupposes the active involvement of citizens and civil society;

Taking into account the acquis of the Council of Europe in the fields of equal opportunities, non-discrimination and social cohesion over the last fifteen years, including the following legal texts:

1. Committee of Ministers’ recommendations and resolution:

- Recommendation Rec(85)2 on legal protection against sex discrimination;
- Recommendation Rec(92)6 on a coherent policy for people with disabilities;
- Recommendation Rec(98)14 on gender mainstreaming;
- Recommendation Rec(2002)5 on the protection of women against violence;
- Recommendation Rec(2003)3 on balanced participation of women and men in political and public decision making;

- Recommendation Rec(2004)10 concerning the protection of the human rights and dignity of persons with mental disorder;
- Resolution ResAP(2005)1 on safeguarding adults and children with disabilities against abuse;
- Recommendation CM/Rec(2005)5 on the rights of children living in residential institutions;
- Recommendation CM/Rec(2006)5 on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015;
- Recommendation CM/Rec(2007)13 on gender mainstreaming in education;
- Recommendation CM/Rec(2007)17 on gender equality standards and mechanisms;
- Recommendation CM/Rec(2008)1 on the inclusion of gender differences in health policy;
- Recommendation CM/Rec(2009)3 on monitoring the protection of human rights and dignity of persons with mental disorder;
- Recommendation CM/Rec(2009)6 on ageing and disability in the 21st century: sustainable frameworks to enable greater quality of life in an inclusive society;
- Recommendation CM/Rec(2009)8 on achieving full participation through Universal Design;
- Recommendation CM/Rec(2009)9 on the education and social inclusion of children and young people with autism spectrum disorders;
- Recommendation CM/Rec(2010)2 on deinstitutionalisation and community living of children with disabilities;
- Recommendation CM/Rec(2010)10 on the role of women and men in conflict prevention and resolution and in peace building;
- Recommendation CM/Rec(2011)12 on children’s rights and social services friendly to children and families;
- Recommendation CM/Rec(2011)14 on the participation of persons with disabilities in political and public life;

2. Parliamentary Assembly recommendations and resolutions:

- Recommendation 1229 (1994) on equality of rights between men and women;
- Recommendation 1371 (1998) on abuse and neglect of children;
- Recommendation 1413 (1999) on equal representation in political life;
- Recommendation 1450 (2000) on violence against women in Europe;
- Resolution 1337 (2003) on migration connected with trafficking in women and prostitution;
- Recommendation 1592 (2003) “Towards full social inclusion of people with disabilities”;
- Recommendation 1601 (2003) on improving the lot of abandoned children in institutions;
- Resolution 1464 (2005) on women and religion in Europe;
- Recommendation 1698 (2005) on the rights of children in institutions: follow-up to Recommendation 1601 (2003) of the Parliamentary Assembly;
- Resolution 1558 (2007) and Recommendation 1800 (2007) on the feminisation of poverty;
- Resolution 1615 (2008) on empowering women in a modern, multicultural society;
- Recommendation 1853 (2008) on involving men in achieving gender equality;
- Resolution 1642 (2009) and Recommendation 1854 (2009) on access to rights for people with disabilities and their full and active participation in society;
- Resolution 1669 (2009) and Recommendation 1872 (2009) on the rights of today’s girls: the rights of tomorrow’s women;
- Resolution 1662 (2009) on action to combat gender-based human rights violations, including the abduction of women and girls;
- Recommendation 1949 (2010) on promoting the most favourable gender equality laws in Europe;

3. Congress of Local and Regional Authorities recommendations and resolutions:

- Resolution 85 (1999) and Recommendation 68 (1999) on women’s participation in political life in the regions of Europe;
- Resolution 134 (2002) and Recommendation 111 (2002) on women’s individual voting rights: a democratic requirement;
- Resolution 176 (2004) and Recommendation 148 (2004) on gender mainstreaming at local and regional level: a strategy to promote equality between women and men in cities and regions;
- Resolution 279 (2009) and Recommendation 260 (2009) on combating domestic violence against women;
- Resolution 303 (2010) and Recommendation 288 (2010) on achieving sustainable gender equality in local and regional political life;

Having specific regard to Recommendation Rec(2006)5 of the Committee of Ministers to member States on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015, especially sub-paragraph 4.2, under “Cross-cutting aspects”, entitled “Women and girls with disabilities”, which states that “obstacles which prevent women with disabilities from enjoying their rights on the same basis as men and other women” should be removed in such areas as “relationships, parenthood, family life, sexuality and protection from violence and abuse” and member States should take appropriate measures to “ensure equal opportunities to participate in political and public life, education, training, employment and social and cultural life” for women and girls with disabilities;

Recalling that the aforementioned cross-cutting aspect stresses the importance of encouraging all citizens to participate in society and taking account of the diversity of the members of society in order to develop and implement policies and measures “so as to ensure a balance of opportunities between disabled men and women”;

Considering that the 15 action lines in the Council of Europe Disability Action Plan (Rec(2006)5) are complementary and that they all set specific goals in pursuit of the aim of constructing inclusive and participatory societies that respect the human rights of all members in their diversity;

Considering that this aim cannot be achieved without involving people with disabilities, particularly women and girls with disabilities, whatever their individual impairment(s) may be. Such involvement requires positive action from member States in favour of people with disabilities in order to provide them with necessary reasonable accommodation and legal guarantees concerning the exercise of their rights under conditions of equality and non-discrimination;

Being convinced that, in all relevant fields of action, at the international, national, regional and local levels, an approach based on human rights, which are universal, indivisible and interdependent, has to be applied, and that member States have several means at their disposal of doing so, recognising that there is not just one tried and tested approach to combating discrimination;

Acknowledging that, where the social integration of persons with disabilities is concerned, a conceptual and methodological change has taken place in international law since the end of the 20th century, as people with disabilities are no longer considered as patients or objects of charity but as holders of rights and full citizens who, when interacting with social and environmental barriers, may be prevented from participating in society;

Acknowledging that it is incumbent on the governments of member States to identify and eliminate any obstacles impeding the participation of women and girls with disabilities in society and to prevent the creation of any new obstacles, in order to guarantee equal and democratic rights in society for all individuals by recognising that society as a whole should benefit from the diversity and equal participation of all;

Considering that the intergovernmental work on the participation of persons with disabilities at national, local and regional levels, which has been conducted since the adoption of the Council of Europe Disability Action Plan 2006-2015 (Rec(2006)5), and the 2010 mid-term review report on the implementation of that plan, have highlighted a number of questions which are worth addressing in a specific recommendation to member States related to the cross-cutting aspect “Women and girls with disabilities”,

Recommends that the governments of member States:

1. continue their efforts to reach the objectives of the Council of Europe Disability Action Plan 2006-2015, in particular its cross-cutting aspect “Women and girls with disabilities”, and set up a mechanism that will allow them to monitor and evaluate the implementation of the provisions of the said aspect and of the present recommendation at national level;

2. adopt the appropriate legislative measures and conduct other positive actions likely to encourage the participation of women and girls with disabilities in all areas of life as citizens holding equal rights and obligations, particularly considering the following fields included in the appendix to this recommendation:

    1. equality and non-discrimination legislation,
    2. research, data and statistics,
    3. participation in political and public life as well as decision making,
    4. education and training,
    5. employment and economic situation,
    6. health care and rehabilitation,
    7. access to social protection and community-based services,
    8. sexual and reproductive rights, motherhood, and family life,
    9. access to justice and protection from exploitation, violence and abuse,
    10. participation in culture, sport, leisure and tourism,
    11. raising awareness and changing attitudes;

3. initiate or continue work to evaluate the participation of women and girls with disabilities and its impact at the national, regional and local levels, so as to consolidate co-operation among decision makers, researchers, academic institutions and NGOs in their respective countries, in order to secure reliable and comparable information and statistics as well as to collect good practices;

4. reinforce their co-operation within the Council of Europe by exchanging good practices and developing intergovernmental activities and networks with a view to creating the conditions for including all people with disabilities in the life of the community and ensuring their equal rights and opportunities;

5. translate this recommendation into their official language(s), including production in accessible formats, using equivalents of the internationally recognised term “people with disabilities”, and circulate the recommendation, together with the Council of Europe Disability Action Plan (Rec(2006)5) to:

- national, regional and local administrative bodies,
- political parties,
- organisations of and for people with disabilities and other non-governmental organisations,
- national human rights institutions, ombudspersons’ offices, equality bodies,
- the media,
- other relevant stakeholders;

6. involve women and girls with disabilities, through their representative organisations, in disseminating and implementing this recommendation;

7. integrate the gender equality dimension into all policies for people with disabilities;

8. undertake information and awareness-raising programmes, targeting the general public, women and girls with disabilities, their families, friends and professional groups, the business community and political decision makers;

9. apply relevant guidelines without bias in different fields, such as health, education, employment, vocational guidance and training, social protection and social services, urban planning and construction, for full involvement and integration of women and girls with disabilities into society.

Appendix to Recommendation CM/Rec(2012)6

The objective of the present appendix is to propose principles and measures to increase full and active participation of women and girls with disabilities in society in the Council of Europe member States. It is noted that women and girls with disabilities may suffer multiple discrimination based on disability and gender. The aim is to achieve full equality, participation in society and enjoyment of all rights on an equal basis with others.

1. Equality and non-discrimination legislation

i. Member States should devise, with the participation of women and girls with disabilities, national legislation, policies and programmes of relevance to them, with effective provision for their implementation and evaluation.

ii. Member States should systematically, and in line with a gender mainstreaming approach, integrate the gender equality dimension into all legislation, policies and programmes for people with disabilities, and specifically consider women and girls with disabilities as part of gender equality legislation, policies and programmes to ensure that needs of women and girls with disabilities are addressed.

iii. Member States should verify that their national legislation, policies and programmes respond to the needs of women and girls with disabilities and that they comprise a gender equality dimension.

iv. All those involved in fields such as health, education, employment, vocational guidance and training, social protection and social services, urban planning and construction should be instructed, at the relevant levels in the various member States, to include women and girls with disabilities, as a matter of course and to the fullest possible extent, into all normal forms of provision of services. Special systems and facilities should only be used where it is not possible to make use of ordinary structures even when all possible adaptation and support facilities have been provided. It should be ensured that relevant guidelines are applied without gender bias; the existence of such bias justifies the introduction of specific guidelines in relation to women and girls.

v. Special attention should be paid to elderly women with disabilities.

2. Research, data and statistics

i. National authorities and all other relevant bodies should strive to ensure that statistics on people with disabilities are disaggregated by sex, and that research is carried out to provide a clearer picture of the situation of women and girls with disabilities. The combined effect of disability and sex should be statistically measured.

ii. Statistics should be broken down by sex and analysed to establish the impact of policies on women and girls with disabilities. Data should be defined to review progress and establish factors influencing the participation level of women and girls with disabilities.

iii. Research should be undertaken into the situation of women and girls with disabilities who care for their family members, and specific measures to protect such women and girls should be introduced where necessary.

iv. Specific research into violence against women and girls with disabilities should be carried out in order to learn more about its causes and identify more effectively measures to combat it.

v. Wherever women or gender issues are the subject of research or particular measures, specific attention should be paid to the situation of women and girls with disabilities.

3. Participation in political and public life as well as decision making

i. All authorities in the member States should ensure that women and girls with disabilities and/or their legal representatives and/or their representative organisations are consulted and have a role to play in determining legislation, policies and programmes, in all fields, for women, and should undertake to seek and respond to their views.

ii. Authorities should ensure that women and girls with disabilities are represented in a balanced way in public organisations.

iii. This balanced representation approach should be applied to all situations where the individual circumstances of women and girls with disabilities are being assessed, whether in the context of action taken by the authorities or professionals (as, for example, when deciding on admission to a vocational rehabilitation programme or providing health care, especially in relation to reproductive health), or when any other decision affecting the person’s private life has to be made.

iv. Women with disabilities should be encouraged and given the ability to take part in the electoral and voting process. They should be provided with information on the importance of their participation in an accessible format as well as in the environment where they live.

v. Peer support groups as well as organisations and networks of women and girls with disabilities should be encouraged at national, regional and local levels. Resources – including funding, premises, transport and facilities for childcare or the care of other dependants – should also be made available to them.

vi. Measures taken to increase the participation of women and girls with disabilities in their community and the political system should take account of the need for such participation and of its advantages for society as a whole.

vii. Women and girls with disabilities should receive training in decision-making processes and in defending their rights. Information technology and Internet training programmes should be set up for women and girls with disabilities to enable them to participate more easily in society.

4. Education and training

i. Advisory services, schools and universities, vocational training services, and decision makers and trainers in the area of education and vocational rehabilitation should be properly informed and prepared to take the necessary steps to ensure that women and girls with disabilities receive education and preparation for employment that should procure them fulfilment and independence. All staff working in education should be educated and trained to avoid and reject all forms of prejudice and to combat any prejudice held against or by women and girls with disabilities or their families.

ii. Encouragement should be given to the setting up of consultative bodies on education and training that pay particular attention to women and girls with disabilities, including those who become disabled as adults.

iii. Schools, universities, and vocational training centres should be encouraged to provide support for students with disabilities to promote their participation, paying specific attention to female students.

iv. Women and girls with disabilities should be channelled towards effective training in all professional areas, enabling them to find financially rewarding employment or occupation, guaranteeing their independence and equal opportunities and using each person’s abilities to the fullest.

v. Women and girls with disabilities should be provided with education on sexuality and reproductive health, and the possibility of following training programmes in self-esteem and self-defence, if they so wish.

vi. Vocational training programmes should be developed and implemented bearing in mind the particular needs of women and girls with disabilities.

vii. A pro-active, targeted approach should be implemented in order to provide information to, and promote opportunities for, women and girls with disabilities to return to education and resume training, especially for women and girls who are particularly disadvantaged, for example due to isolation.

viii. Information technology and Internet training programmes should be set up for women and girls with disabilities to enable them to participate in education and training at all levels and in lifelong learning.

5. Employment and economic situation

i. All employment-relevant services, employers, trainers, agencies, co-workers and trade unions should be made aware of the needs of women and girls with disabilities in order to understand, accept and promote their rights to obtain and remain in employment that is commensurate with their abilities.

ii. Public authorities should set an example by employing women with disabilities.

iii. Career guidance services should seek to offer women with disabilities the full range of employment possibilities.

iv. Employers should provide reasonable accommodation to make workplaces accessible to women and girls with disabilities, and to introduce other feasible measures such as, where appropriate, home-based work, extended assignment times, part-time work or flexible working hours.

v. Employment support schemes, including quota systems – where appropriate – should be adapted to the needs of women with disabilities and evaluated in terms of how they benefit the employment situation of women with disabilities.

vi. Labour-market measures specifically targeting women with disabilities, and in particular women with disabilities in need of a high level of support, should be developed.

6. Health care and rehabilitation

i. Women and girls with disabilities should not be discriminated against on the grounds of disability in questions of access to diagnosis, treatment or rehabilitation.

ii. Hospitals admitting women and girls with disabilities should be in a position to ensure that their education or studies continue while they are hospitalised.

iii. Support for childcare or the care of other dependents, and the possibility of access to appropriate modes of transport, should be guaranteed to women and girls with disabilities who are attending training, particularly in the case of rehabilitation.

iv. Equipment and facilities, such as gynaecological examination tables and mammography facilities, modified to meet the needs of women and girls with disabilities, should be available.

v. Women and girls with disabilities should not be subjected to forced medical treatment or required to take part in experiments.

vi. Vocational rehabilitation of women and girls with disabilities is one of the areas in which discrimination in the application of rules is a particular problem. This is why staff should be educated to combat prejudice and the women and girls themselves should be actively involved in the procedures by making their choices clear.

7. Access to social protection and community-based social services

i. Additional support, including access to childcare, care for other dependants, transport to their place of work and access to a personal assistant, should be made available to women and girls with disabilities to enable them to work.

ii. National authorities should ensure that appropriate resources are set aside for personal assistance services where they are necessary.

iii. Entitlement to assistance with transport, adaptation of vehicles, childcare or care of others should not be restricted to women and girls with disabilities in paid employment but should also be made available to facilitate women’s and girls’ involvement in voluntary activities and enable them to participate in society in general.

iv. National authorities should review their social security systems in order to eliminate indirect discrimination against women and girls with disabilities. Those who manage social security systems should be trained so that they themselves do not introduce forms of discrimination.

v. Authorities should ensure that specific gender-sensitive training is organised and provided to personal assistants of women and girls with disabilities.

vi. Women with disabilities who employ (a) personal assistant(s) should receive special gender-sensitive training concerning their role as employers.

8. Sexual and reproductive rights, motherhood and family life

i. The right of women and girls with disabilities to sexuality should be guaranteed.

ii. Parents should be informed and educated about questions concerning the sexual identity of their daughters with disabilities.

iii. Sex education classes should include issues concerning the sexuality of women and girls with disabilities, when appropriate.

iv. Decisions taken by women and girls with disabilities about their own sexual or reproductive rights should be given the same consideration as those taken by others.

v. With regard to motherhood, the choices of women with disabilities should be respected.

vi. Health professionals should be trained to deal with and assist women with disabilities in the area of sexuality, reproductive health and motherhood and to accept and respect the choices they make with regard to motherhood, in compliance with national legislation.

vii. Effective measures should be taken against the forced sterilisation of women and girls with disabilities and against coerced abortion.

viii. Women with disabilities should have the right to child-rearing responsibilities with regard to guardianship, wardship, trusteeship, custody and adoption of children or similar roles, if these concepts are provided for in national legislation. An appropriate assistance should be provided to them. In all cases, the best interest of the child should be respected.

ix. Disability should never be used as a justification for separating boys or girls from their mothers with disabilities, or boys or girls with disabilities from their mothers in legal proceedings. Any assistance required by mothers with disabilities to support them in their role should be provided in accordance with their individual and personal needs and the best interest of the child.

9. Access to justice and protection from violence and abuse

i. Governments should ensure that effective measures are taken to combat violence against women and girls with disabilities, both within and outside the home.

ii. Women and girls with disabilities should be taught to know and respect their own physical and psychological integrity, to recognise violence or abuse and to defend themselves, to assert their rights if violence or abuse have occurred and to report cases of violence and abuse.

iii. Staff employed to provide support or assistance to victims of violence or abuse should be made aware of the specific needs of women and girls with disabilities and should be trained to handle reports of incidents of violence or abuse filed by women or girls with disabilities.

iv. Institutions should prevent the occurrence of violence and abuse. If incidents of violence or abuse have occurred, a record should be kept. Security and surveillance in institutions should be compulsory and rigorously implemented.

v. In the event of violence or abuse, women and girls with disabilities – including those placed in an institution or those in situations of particular dependence or distress – should be able to obtain immediate and appropriate support, assistance or services, with access, where necessary, to psychological support, health services adapted to their needs or security measures.

vi. Hostels and refuges for women or girls who have been victims of violence or abuse should be fully accessible to women and girls with disabilities.

10. Participation in culture, sport, leisure and tourism

i. Authorities, particularly at local level, should take appropriate measures to ensure that women and girls with disabilities can participate in culture, sports, leisure and tourism, both as actors and as spectators.

ii. Women and girls with disabilities should be given the opportunity to participate in artistic, cultural, sports and tourism activities from pre-school age and throughout their life.

iii. Governments should ensure that measures are taken to encourage the participation of women and girls with disabilities in culture, sports, leisure and tourism.

iv. Governments should encourage the media to increase the coverage of women’s sporting events, both for ordinary and high-level athletes.

11. Raising awareness and changing attitudes

i. Information and awareness-raising programmes on women and girls with disabilities should be undertaken at all levels, targeting the general public, families and friends of women and girls with disabilities, professionals, the business community and most importantly political decision makers. These programmes should be implemented with the participation of women and girls with disabilities.

ii. Governments should take measures to make public and private media aware of the need to present positive images of women and girls with disabilities in order to combat stereotypes and prejudices. The same applies to public and private advertising, public relations and marketing.

iii. All initiatives aimed at changing attitudes and behaviour towards women and girls with disabilities should draw on the experience and expertise of all relevant stakeholders, and in particular of organisations defending the interests of women and girls with disabilities.

Appendix 8

(Item 10.2)


Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24)

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

The member States of the Council of Europe, signatory to this Protocol,

Considering that the aim of the Council of Europe is to achieve greater unity between its members;

Desirous of strengthening their individual and collective ability to respond to crime;

Having regard to the provisions of the European Convention on Extradition (ETS No. 24) opened for signature in Paris on 13 December 1957 (hereinafter referred to as “the Convention”), as well as the three Additional Protocols thereto (ETS Nos. 86 and 98, CETS No. 209), done at Strasbourg on 15 October 1975, on 17 March 1978 and on 10 November 2010, respectively;

Considering it desirable to modernise a number of provisions of the Convention and supplement it in certain respects, taking into account the evolution of international co-operation in criminal matters since the entry into force of the Convention and the Additional Protocols thereto;

Have agreed as follows:

Article 1 – Lapse of time

Article 10 of the Convention shall be replaced by the following provisions:

Lapse of time

1. Extradition shall not be granted when the prosecution or punishment of the person claimed has become statute-barred according to the law of the requesting Party.

2. Extradition shall not be refused on the ground that the prosecution or punishment of the person claimed would be statute-barred according to the law of the requested Party.

3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to apply paragraph 2:

    a. when the request for extradition is based on offences for which that State has jurisdiction under its own criminal law; and/or

    b. if its domestic legislation explicitly prohibits extradition when the prosecution or punishment of the person claimed would be statute-barred according to its law.

4. When determining whether prosecution or punishment of the person sought would be statute-barred according to its law, any Party having made a reservation pursuant to paragraph 3 of this article shall take into consideration, in accordance with its law, any acts or events that have occurred in the requesting Party, in so far as acts or events of the same nature have the effect of interrupting or suspending time-limitation in the requested Party.”

Article 2 – The request and supporting documents

1. Article 12 of the Convention shall be replaced by the following provisions:

The request and supporting documents

1. The request shall be in writing. It shall be submitted by the Ministry of Justice or other competent authority of the requesting Party to the Ministry of Justice or other competent authority of the requested Party. A State wishing to designate another competent authority than the Ministry of Justice shall notify the Secretary General of the Council of Europe of its competent authority at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, as well as of any subsequent changes relating to its competent authority.

2. The request shall be supported by:

a. a copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party;

b. a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions, including provisions relating to lapse of time, shall be set out as accurately as possible; and

c. a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his or her identity, nationality and location.”

2. Article 5 of the Second Additional Protocol to the Convention shall not apply as between Parties to the present Protocol.

Article 3 – Rule of speciality

Article 14 of the Convention shall be replaced by the following provisions:

Rule of speciality

1. A person who has been extradited shall not be arrested, prosecuted, tried, sentenced or detained with a view to the carrying out of a sentence or detention order, nor shall he or she be for any other reason restricted in his or her personal freedom for any offence committed prior to his or her surrender other than that for which he or she was extradited, except in the following cases:

a. when the Party which surrendered him or her consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention. The decision shall be taken as soon as possible and no later than 90 days after receipt of the request for consent. Where it is not possible for the requested Party to comply with the period provided for in this paragraph, it shall inform the requesting Party, providing the reasons for the delay and the estimated time needed for the decision to be taken;

b. when that person, having had an opportunity to leave the territory of the Party to which he or she has been surrendered, has not done so within 30 days of his or her final discharge, or has returned to that territory after leaving it.

2. The requesting Party may, however:

a. carry out pre-trial investigations, except for measures restricting the personal freedom of the person concerned;

b. take any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time;

c. take any measures necessary to remove the person from its territory.

3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession or at any later time, declare that, by derogation from paragraph 1, a requesting Party which has made the same declaration may, when a request for consent is submitted pursuant to paragraph 1.a, restrict the personal freedom of the extradited person, provided that:

a. the requesting Party notifies, either at the same time as the request for consent pursuant to paragraph 1.a, or later, the date on which it intends to apply such restriction; and

b. the competent authority of the requested Party explicitly acknowledges receipt of this notification.

The requested Party may express its opposition to that restriction at any time, which shall entail the obligation for the requesting Party to end the restriction immediately, including, where applicable, by releasing the extradited person.

4. When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.”

Article 4 – Re-extradition to a third State

The text of Article 15 of the Convention shall become paragraph 1 of that article and shall be supplemented by the following second paragraph:

“2. The requested Party shall take its decision on the consent referred to in paragraph 1 as soon as possible and no later than 90 days after receipt of the request for consent, and, where applicable, of the documents mentioned in Article 12, paragraph 2. Where it is not possible for the requested Party to comply with the period provided for in this paragraph, it shall inform the requesting Party, providing the reasons for the delay and the estimated time needed for the decision to be taken.”

Article 5 – Transit

Article 21 of the Convention shall be replaced by the following provisions:

Transit

1. Transit through the territory of one of the Contracting Parties shall be granted on submission of a request for transit, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to Articles 3 and 4 of this Convention.

2. The request for transit shall contain the following information:

a. the identity of the person to be extradited, including his or her nationality or nationalities when available;

b. the authority requesting the transit;

c. the existence of an arrest warrant or other order having the same legal effect or of an enforceable judgment, as well as a confirmation that the person is to be extradited;

d. the nature and legal description of the offence, including the maximum penalty or the penalty imposed in the final judgment;

e. a description of the circumstances in which the offence was committed, including the time, place and degree of involvement of the person sought.

3. In the event of an unscheduled landing, the requesting Party shall immediately certify that one of the documents mentioned in Article 12, paragraph 2.a exists. This notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a request for transit to the Party on whose territory this landing has occurred.

4. Transit of a national, within the meaning of Article 6, of a country requested to grant transit may be refused.

5. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right to grant transit of a person only on some or all of the conditions on which it grants extradition.

6. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his or her life or freedom may be threatened by reason of his or her race, religion, nationality or political opinion.”

Article 6 – Channels and means of communication

The Convention shall be supplemented by the following provisions:

Channels and means of communication

1. For the purpose of the Convention, communications may be forwarded by using electronic or any other means affording evidence in writing, under conditions which allow the Parties to ascertain their authenticity. In any case, the Party concerned shall, upon request and at any time, submit the originals or authenticated copies of documents.

2. The use of the International Criminal Police Organization (Interpol) or of diplomatic channels is not excluded.

3. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that, for the purpose of Article 12 and Article 14, paragraph 1.a, of the Convention, it reserves the right to require the original or authenticated copy of the request and supporting documents.”

Article 7 – Relationship with the Convention and other international instruments

1. The words and expressions used in this Protocol shall be interpreted within the meaning of the Convention. As regards the Parties to this Protocol, the provisions of the Convention shall apply, mutatis mutandis, to the extent that they are compatible with the provisions of this Protocol.

2. The provisions of this Protocol are without prejudice to the application of Article 28, paragraphs 2 and 3, of the Convention concerning the relations between the Convention and bilateral or multilateral agreements.

Article 8 – Friendly settlement

The Convention shall be supplemented by the following provisions:

Friendly settlement

The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of the Convention and the Additional Protocols thereto and shall do whatever is necessary to facilitate a friendly settlement of any difficulty which may arise out of their interpretation and application.”

Article 9 – Signature and entry into force

1. This Protocol shall be open for signature by the member States of the Council of Europe which are Parties to or have signed the Convention. It shall be subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol unless it has previously ratified, accepted or approved the Convention, or does so simultaneously. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval.

3. In respect of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit.

Article 10 – Accession

1. Any non-member State which has acceded to the Convention may accede to this Protocol after it has entered into force.

2. Such accession shall be effected by depositing an instrument of accession with the Secretary General of the Council of Europe.

3. In respect of any acceding State, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession.

Article 11 – Temporal scope

This Protocol shall apply to requests received after the entry into force of the Protocol between the Parties concerned.

Article 12 – Territorial application

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.

2. Any State may, at any later time, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General.

Article 13 – Declarations and reservations

1. Reservations made by a State to the provisions of the Convention and the Additional Protocols thereto which are not amended by this Protocol shall also be applicable to this Protocol, unless that State otherwise declares at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. The same shall apply to any declaration made in respect or by virtue of any provision of the Convention and the Additional Protocols thereto.

2. Reservations and declarations made by a State to any provision of the Convention which is amended by this Protocol shall not be applicable as between the Parties to this Protocol.

3. No reservation may be made in respect of the provisions of this Protocol, with the exception of the reservations provided for in Article 10, paragraph 3, and Article 21, paragraph 5, of the Convention as amended by this Protocol, and in Article 6, paragraph 3, of this Protocol. Reciprocity may be applied to any reservation made.

4. Any State may wholly or partially withdraw a reservation or declaration it has made in accordance with this Protocol, by means of a notification addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.

Article 14 – Denunciation

1. Any Party may, in so far as it is concerned, denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

3. Denunciation of the Convention automatically entails denunciation of this Protocol.

Article 15 – Notifications

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Protocol of:

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval or accession;

c. any date of entry into force of this Protocol in accordance with Articles 9 and 10;

d. any reservation made in accordance with Article 10, paragraph 3, and Article 21, paragraph 5, of the Convention as amended by this Protocol, as well as Article 6, paragraph 3, of this Protocol, and any withdrawal of such a reservation;

e. any declaration made in accordance with Article 12, paragraph 1, and Article 14, paragraph 3, of the Convention as amended by this Protocol, as well as Article 12 of this Protocol, and any withdrawal of such a declaration;

f. any notification received in pursuance of the provisions of Article 14 and the date on which denunciation takes effect;

g. any other act, declaration, notification or communication relating to this Protocol.

In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.

Done at […], this […] day of […], in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to the non-member States which have acceded to the Convention.

Appendix 9

(Item 10.5)

Decision No. CM/883/13062012

Ad hoc terms of reference to the European Committee on Legal Co-operation (CDCJ)

1. Name of Committee: European Committee on Legal Co-operation (CDCJ)

2. Source: Committee of Ministers

3. Duration:

The CDCJ shall execute these terms of reference as soon as possible, but no later than 31 July 2012.

4. Terms of reference:

The CDCJ shall examine whether the draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the rights and legal status of children and parental responsibilities and its Explanatory Memorandum should be presented in the form of a recommendation, guidelines or guiding principles, and/or whether it should provide a basis for an Amending or Additional Protocol to the 1975 Convention on the Legal Status of Children Born Out Of Wedlock (ETS No. 85).

In doing so, the CDCJ shall take into account that the Committee of Ministers, at a second stage, would wish the CDCJ to review, and reach a consensus on, the substantive provisions of the text to be drafted, including those signalled by delegations (Preamble, Principles 2, 4, 5, 7(3), 11, 12 and 17 and paragraphs 7, 9, 22-23, 32, 70 and 71 of the Explanatory Memorandum) in so far as they would form part of the text.

The CDCJ shall also:

- examine the case law of the European Court of Human Rights in respect of the issues covered by the draft Recommendation;

- gather and review information on any relevant legislative initiatives by other international organisations, such as the United Nations or the Hague Conference on International Private Law.

The CDCJ shall report back to the Committee of Ministers.

Appendix 10

(Item 10.6a)

Recommendation CM/RecChL(2012)3
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Romania

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)
 

The Committee of Ministers,

In accordance with Article 16 of the European Charter for Regional or Minority Languages;

Having regard to the instrument of ratification submitted by Romania on 29 January 2008;

Having taken note of the evaluation made by the Committee of Experts on the Charter with respect to the application of the Charter by Romania;

Bearing in mind that this evaluation is based on information submitted by Romania in its initial periodical report, supplementary information given by the Romanian authorities, information submitted by bodies and associations legally established in Romania and the information obtained by the Committee of Experts during its on-the-spot visit,

Having taken note of the comments made by the Romanian authorities on the contents of the Committee of Experts' report;

Recommends that the Romanian authorities take account of all the observations and recommendations of the Committee of Experts and, as a matter of priority:

1. adopt a structured approach for the implementation of each undertaking under the Charter, in co-operation with representatives of the minority language speakers;

2. develop comprehensive educational models for teaching in/of Tatar and Turkish, in co-operation with representatives of the minority language speakers;

3. provide the basic and further training of a sufficient number of teachers to fully implement the undertakings under Article 8 with regard to German, Hungarian, Turkish and Ukrainian;

4. continue to develop a comprehensive offer of teaching in/of Romani, taking account of the needs and wishes of the Romani speakers;

5. reconsider the thresholds for official use of minority languages in administration;

6. improve the offer of radio and television broadcasts in the Part III languages.

Appendix 11
(Item 10.7)

Reply to Parliamentary Assembly Recommendation 1980 (2011) on “Combating ‘child abuse images’ through committed, transversal and internationally co-ordinated action”

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has carefully examined Parliamentary Assembly Recommendation 1980 (2011) on “Combating ‘child abuse images’ through committed, transversal and internationally co-ordinated action” which it communicated to the European Committee on Crime Problems (CDPC), the Steering Committee on the Media and New Communication Services (CDMC) and the Council of Europe Network of National Focal Points on Children’s Rights, for information and possible comments.

2. The Committee of Ministers welcomes the Parliamentary Assembly’s initiative in promoting greater co-ordination of measures to strengthen regulation of “child pornography” while focusing particular attention on child abuse images. Children’s rights are fundamental values shared by all the Council of Europe member States and must be promoted without any discrimination.

3. In this connection, the Committee of Ministers draws attention to the Council of Europe Strategy concerning Internet Governance15 and the Council of Europe Strategy for the Rights of the Child,16 which, among other things, will focus on promoting wider participation in the Budapest Convention (ETS No. 185) and the Lanzarote Convention (CETS No. 201). It also recalls the importance of the precise terminology used in the Lanzarote Convention. If it were overbroad or too imprecise, the concept of “child abuse images” would not satisfy the requirements of Article 10 of the European Convention on Human Rights or the corresponding case law of the European Court of Human Rights.

4. Regarding the question of the possible drafting of an additional protocol to the Lanzarote Convention on child abuse images and related offences, the Committee of Ministers takes note of the Parliamentary Assembly’s wish. However, it does not consider the drafting of an additional protocol to be necessary but that the improvements required should be related to the implementation of the existing conventions (see above). The Committee of Ministers therefore instructs the European Committee on Crime Problems (CDPC), in co-operation with the Steering Committee on Media and Information Society (CDMSI), to review the implementation of the existing Council of Europe standards in this field and the different technical possibilities, including the blocking or removal of pornographic sites containing child abuse images.

5. The transfrontier nature of the Internet and the technical possibilities which it offers international organised crime call for co-ordinated responses, particularly as regards the dissemination and consultation on the Internet of images of child sexual abuse. In addition to the two above-mentioned conventions, the Committee of Ministers therefore draws attention to the value of other standards drawn up from a human rights standpoint (the Human Rights Guidelines for Internet Service Providers, the Committee of Ministers’ Declaration on network neutrality, the Recommendation CM/Rec(2012)3 on the protection of human rights with regard to search engines and the Recommendation CM/Rec(2012)4 on the protection of human rights with regard to social networking services). Furthermore, it recalls that its Declaration on protecting the dignity, security and privacy of children on the Internet (adopted on 20 February 2008) signalled that “other

than in the context of law enforcement, there should be no lasting or permanently accessible record of the content created by children on the Internet which challenges their dignity, security and privacy or otherwise renders them vulnerable now or at a later stage in their lives”. An adequate legal framework with due regard to human rights requirements and sufficient safeguards, including transparency and accountability guaranteed by independent scrutiny, should allow law enforcement agencies to avail themselves of technical means to track and eliminate online child abuse material.

6. Noting the close co-operation already existing between the Council of Europe’s “Building a Europe for and with children” programme and the intergovernmental work undertaken by the CDMSI, the Committee of Ministers assures the Assembly of the proper co-ordination of Council of Europe activities relating to the protection of children’s rights.

7. Lastly, the Committee of Ministers welcomes the Assembly’s assessment of its general commitment to the protection of children’s rights, particularly as seen in the launch of the Council of Europe’s ONE in FIVE campaign against sexual violence. It also welcomes the Assembly’s extensive participation in the implementation of this campaign, which seeks to put an end to sexual violence against children and will constitute one of the main awareness-raising activities in the work of promoting children’s rights.

Appendix 12
(Item 10.8)

Reply to Parliamentary Assembly Recommendation 1953 (2011) on “The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes”

(Adopted by the Committee of Ministers on 13 June 2012
at the 1145th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has carefully studied Parliamentary Assembly Recommendation 1953 (2011) on “The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes” (hereinafter referred to as Assembly recommendation), and has transmitted it to the European Committee on Crime Problems (CDPC) and the Steering Committee for Human Rights (CDDH), for information and possible comments. It shares the Assembly’s opinion that member and observer States of the Council of Europe must co-operate to counter impunity and to ensure that those accused of war crimes are brought to justice.

2. The Committee of Ministers notes that all Council of Europe member States have ratified the European Convention on Extradition. It invites the member States which have not yet done so to sign and ratify the other relevant Council of Europe treaties, and in particular the three Additional Protocols to the European Convention on Extradition (ETS No. 86, ETS No. 98 and CETS No. 209), without declarations and reservations limiting their applicability. It also encourages observer States to take the necessary steps with a view to their accession to the above-mentioned instruments.

3. The Committee recalls that Article 1 of the Additional Protocol to the European Convention on Extradition (ETS No. 86), provides that war crimes and crimes against humanity cannot be qualified as political offences and, consequently, that war crimes constitute extraditable offences. In view of the fact that to date, 37 member States of the Council of Europe have ratified the Protocol, and given the pertinence of Article 1 regarding the subject matter of Recommendation 1953 (2011), it is not only important that all member States ratify this Protocol, but also that they withdraw any reservations with respect to Article 1.

4. In October 2011, the Committee of Ministers transmitted a draft Fourth Additional Protocol to the European Convention on Extradition, to the Parliamentary Assembly for an opinion. It has taken note of the Assembly’s positive opinion and has adopted the instrument which modernises a number of the Convention’s provisions. When elaborating the draft protocol, the CDPC was fully aware of the Assembly’s concerns on this subject (paragraph 1.3 of the Assembly recommendation).

5. With respect to the Assembly’s recommendation that the Committee of Ministers instruct the European Committee on Crime Problems and the Committee of Experts on the Operation of European Conventions on Co-operation in Criminal Matters to assess – in transparent consultation with civil society – the application of the aut dedere aut iudicare principle (extradite or prosecute) and arrangements to transpose into domestic law the principle of universal jurisdiction over war crimes and crimes against humanity, the Committee of Ministers recalls that the principle “extradite or prosecute” is already enshrined in the European Convention on Extradition. According to Article 6 paragraph 2 of the Convention, a requested Party that refuses to extradite a national, shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken.

6. The Committee of Ministers furthermore notes that several member States of the Council of Europe have acknowledged the principle of universal jurisdiction. However, there is no international consensus on the definition and scope of this principle, as the exercise of universal jurisdiction is in practice often subject to legal limitations defined in national legislation. Considerable challenges therefore remain for domestic legal systems to ensure the exercise of universal jurisdiction efficiently and effectively.

7. The Committee of Ministers therefore considers that the Council of Europe could reinforce the application of the principle of aut dedere aut judicare as a means of prosecuting war crimes effectively in cases where universal jurisdiction cannot be exercised. It also encourages enhancing co-operation between the member and observer States. The Committee considers that the standard-setting work in progress on the subject is already addressing the criminal law and criminal procedural law questions which arise in relation to the prosecution of war crimes.

8. With regard to paragraph 1.4 of the Assembly recommendation, the Committee of Ministers draws the attention of the Assembly to the fact that the terms of reference of the Committee of Experts on Impunity (DH-I) of the Steering Committee for Human Rights expired on 31 December 2010 and that the Guidelines on eradicating impunity for serious human rights violations were adopted by the Committee of Ministers on 30 March 2011. The subject of Recommendation 1953 (2011) is taken into account in Guideline XII, which states that “International co-operation plays a significant role in combating impunity. In order to prevent and eradicate impunity, States must fulfil their obligations, notably with regard to mutual legal assistance, prosecutions and extraditions, in a manner consistent with respect for human rights, including the principle of “non-refoulement”, and in good faith. To that end, States are encouraged to intensify their cooperation beyond their existing obligations.” The Committee of Ministers observes that even in those exceptional circumstances when the “non-refoulement” principle may not be claimed, the asylum seeker cannot be expelled, when such expulsion would put him or her at risk of death penalty, or torture or inhuman or degrading treatment, or other serious violations of human rights in accordance with the case law of the European Court of Human Rights.

9. The Committee of Ministers observes that even though these Guidelines do not replace other international standards relating to impunity, such as international criminal law standards, the text also makes reference to issues such as “Accountability of subordinates” (Guideline XIII) and “Restrictions and limitations” (Guideline XIV). Moreover, the reference texts used for the preparation of the guidelines make reference, with respect to Guideline XII, to States’ obligations under the European Convention on Extradition and the European Convention on Mutual Assistance in Criminal Matters, as well as to the United Nations General Assembly Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.

10. The Committee of Ministers notes that effective prosecution of war crimes must be based on lessons of the past, and is a condition for the tragedy of totalitarian regimes, in any of their forms and ideologies, never to be repeated. The Committee of Ministers notes the unacceptability of all attempts aiming at denial of totalitarian regimes, their crimes or glorification of their perpetrators and collaborators and attempts to review history. In this context the Committee of Ministers would like to welcome all initiatives aiming at enhancing awareness of totalitarian crimes and protecting the memory of their victims.

+ There were no decisions under this item.

+ There were no decisions under this item.

3 See also document CM/AS(2012)Rec1984 final.

4 This wording shall not be understood as falling within the scope of Article 4 of Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods.

5 States concerned: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom.

6 See also document CM/AS(2012)Rec1980 final.

7 See also document CM/AS(2012)Rec1953 final.

8 European Committee on Legal Co-operation (CDCJ), Steering Committee on the Media and New Communication Services (CDMC), Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD), Cybercrime Convention Committee (T-CY) and Steering Committee on Bioethics (CDBI).

9 In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.

10 The recommendations below are listed in the order of the corresponding articles of the Framework Convention.

11 In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.

12 The recommendations below are listed in the order of the corresponding articles of the Framework Convention.

13 In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.

14 The recommendations below are listed in the order of the corresponding articles of the Framework Convention.

15 Document CM(2011)175.

16 Document CM(2011)171.



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