Ministers’ Deputies

CM Documents

CM(2012)138      15 October 20121



1154 Meeting, 14 November 2012

1 General questions

1.7 Review of action taken by the Committee of Ministers on Parliamentary Assembly recommendations

Memorandum prepared by the Secretariat of the Committee of Ministers



On 7 October 2011, the Secretariat submitted to the Ministers' Deputies, on the basis of document CM(2011)143, a list of all the recommendations adopted by the Parliamentary Assembly since the fourth part of its 2010 Session to which replies were still pending from the Committee of Ministers. Since that document was issued, replies have been given to and/or action has been taken on the recommendations listed in Appendix 1 to this memorandum (41 recommendations in all).

The present memorandum lists the recommendations adopted by the Parliamentary Assembly to which replies are still pending, up to and including Recommendation 2003 (2012) adopted at the third part of its 2012 Session (Strasbourg, 25-29 June 2012).

The Secretariat would draw attention to the Deputies’ commitments with regard to the adoption of replies to Assembly recommendations (see Appendix 2). A footnote indicates the time limit for a reply to each recommendation, set in accordance with these commitments.

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Recommendation 1974 (2011) adopted by the Parliamentary Assembly on 21 June 2011

“The interception and rescue at sea of asylum seekers, refugees and irregular migrants”

At their 1118th meeting (6 July 2011),2 the Deputies agreed to communicate Recommendation 1974 to the Steering Committee for Human Rights (CDDH) for information and possible comments by 31 October 2011. They also agreed to communicate it to the Council of Europe Commissioner for Human Rights for information.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply at its meeting on 18 October 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 1985 (2011) adopted by the Parliamentary Assembly on 7 October 2011

“Undocumented migrant children in an irregular situation: a real cause for concern”

At their 1124th meeting (26 October 2011),3 the Deputies agreed to communicate Recommendation 1985 to the Steering Committee for Human Rights (CDDH), the European Committee for Social Rights (ECSR), the Governmental Committee of the European Social Charter, the European Committee on Legal Co-operation (CDCJ), the Steering Committee on Education (CDED) and the European Committee for Social Cohesion (CDCS), for information and possible comments by 31 December 2011. They also agreed to communicate it to the Council of Europe Commissioner for Human Rights for information.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply at its meeting on 18 October 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 1994 (2012) adopted by the Parliamentary Assembly on 9 March 2012

“An additional protocol to the European Convention on Human Rights on national minorities”

At their 1138th meeting (28 March 2012),4 the Deputies agreed to communicate Recommendation 1994 (2012) to the Steering Committee for Human Rights (CDDH) and the Advisory Committee of the Framework Convention for the Protection of National Minorities, for information and possible comments by 30 June 2012.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply at its meeting on 27 November 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 1995 (2012) adopted by the Parliamentary Assembly on 9 March 2012

“The International Convention for the Protection of all Persons from Enforced Disappearance”

At their 1138th meeting (28 March 2012),5 the Deputies agreed to communicate Recommendation 1995 (2012) to the Steering Committee for Human Rights (CDDH) and to the Committee of Legal Advisers on Public International Law (CAHDI), for information and possible comments by 30 June 2012.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply at its meeting on 27 November 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 1996 (2012) adopted by the Parliamentary Assembly on 24 April 2012

“Equality between women and men: a condition for the success of the Arab Spring”

At their 1142nd meeting (9 May 2012),6 the Deputies agreed to communicate Recommendation 1996 (2012) to the Steering Committee for Human Rights (CDDH) (GEC), the European Committee on Crime Problems (CDPC), the Steering Committee on Media and Information Society (CDMSI), the Steering Committee for Educational Policy and Practice (CDPPE) and the Executive Committee of the North-South Centre, for information and possible comments by 31 July 2012. They also agreed to communicate it to the Conference of INGOs for information.

The Rapporteur Group on External Relations (GR-EXT) has finalised a draft reply and transmitted it to the Deputies for adoption at their 1153rd meeting (24 October 2012).

Recommendation 1997 (2012) adopted by the Parliamentary Assembly on 25 April 2012

“The need to combat match-fixing”

At their 1142nd meeting (9 May 2012),7 the Deputies agreed to communicate Recommendation 1997 (2012) to the Enlarged Partial Agreement on Sport (EPAS), the European Committee on Crime Problems (CDPC), the Enlarged Agreement on the “Group of States against Corruption” (GRECO) and the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), for information and possible comments by 31 July 2012.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will examine elements for a draft reply at its meeting on 23 October 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 1998 (2012) adopted by the Parliamentary Assembly on 25 April 2012

“The protection of freedom of expression and information on the Internet and online media”

At their 1142nd meeting (9 May 2012),8 the Deputies agreed to communicate Recommendation 1998 (2012) to the Steering Committee on Media and Information Society (CDMSI), the European Committee on Crime Problems (CDPC) and the Committee of Experts on Terrorism (CODEXTER) for information and possible comments by 31 July 2012.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply, prepared in
co-operation with the Thematic Co-ordinator on Information Policy (TC-INF), at its meeting on 27 November 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2000 (2012) adopted by the Parliamentary Assembly on 27 April 2012

“Decent pensions for all”

At their 1142nd meeting (9 May 2012),9 the Deputies agreed to communicate Recommendation 2000 (2012) to the Governmental Committee of the European Social Charter, the European Committee of Social Rights (ECSR) and the European Committee for Social Cohesion (CDCS), for information and possible comments by 31 July 2012.

The Rapporteur Group on Social and Health Questions (GR-SOC) will examine elements for a draft reply at its meeting on 25 October 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2001 (2012) adopted by the Parliamentary Assembly on 25 May 2012

“Protection of and access to the audiovisual cultural heritage”

At their 1146th meeting (20 June 2012),10 the Deputies agreed to communicate Recommendation 2001 (2012) to the Steering Committee for Culture, Heritage and Landscape (CDCPP) and to the Steering Committee on Media and Information Society (CDMSI), for information and possible comments by 20 July 2012.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will prepare a draft reply for adoption by the Deputies at one of their forthcoming meetings.

Recommendation 2002 (2012) adopted by the Parliamentary Assembly on 26 June 2012

“The young generation sacrificed: social, economic and political implications of the financial crisis”

At their 1147th meeting (4 July 2012),11 the Deputies agreed to communicate Recommendation 2002 (2012) to the Joint Council on Youth (CMJ), the European Committee for Social Cohesion (CDCS), the European Committee for Social Rights (ECSR), the Governmental Committee of the European Social Charter, the Executive Committee of the North-South Centre, the Council of Europe Development Bank (CEB) and the Steering Committee on Educational Policy and Practice (CDPPE), for information and possible comments by 3 August 2012.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will examine elements for a draft reply at its meeting on 23 October 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2003 (2012) adopted by the Parliamentary Assembly on 28 June 2012

“Roma migrants in Europe”

At their 1147th meeting (4 July 2012),12 the Deputies agreed to communicate Recommendation 2003 (2012) to the Ad hoc Committee of Experts on Roma Issues (CAHROM), the Group of Experts on Action against Trafficking in Human Beings (GRETA), the European Committee on Crime Problems (CDPC), the Steering Committee on Media and Information Society (CDMSI), the European Committee for Social Rights (ECSR), the Governmental Committee of the European Social Charter and the European Commission against Racism and Intolerance (ECRI), for information and possible comments by 3 August 2012.

The Rapporteur Group on Social and Health Questions (GR-SOC) will examine elements for a draft reply at its meeting on 22 November 2012, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Appendix 1

List of Parliamentary Assembly Recommendations
to which replies and/or follow-up has been given

Recommendation 1933 (2010) “Fight against extremism: achievements, deficiencies and failures”

Recommendation 1945 (2010) “An internationally recognised status of election observers”

Recommendation 1949 (2011) “An internationally recognised status of election observers”

Recommendation 1950 (2011) “The protection of journalists’ sources”

Recommendation 1951 (2011) “Follow-up to the reform of the Council of Europe”

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

Recommendation 1955 (2011) “Implementation of judgments of the European Court of Human Rights”

Recommendation 1956 (2011) “Preventing harm to refugees and migrants in extradition and expulsion cases: Rule 39 indications by the European Court of Human Rights”

Recommendation 1958 (2011) “Monitoring of commitments concerning social rights”

Recommendation 1960 (2011) “The need for a global consideration of the human rights implications of biometrics”

Recommendation 1962 (2011) “The religious dimension of intercultural dialogue”

Recommendation 1963 (2011) “Combating poverty”

Recommendation 1964 (2011) “The need to assess progress in the implementation of the Bern Convention”

Recommendation 1965 (2011) “Education against violence at school”

Recommendation 1966 (2011) “Safeguarding children and young people from obesity and diabetes type 2”

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

Recommendation 1968 (2011) “Strengthening torture prevention mechanisms in Europe”

Recommendation 1969 (2011) “Unaccompanied children in Europe: issues of arrival, stay and return”

Recommendation 1970 (2011) “Protecting migrant women in the labour market”

Recommendation 1971 (2011) “The impact of the Eastern Partnership of the European Union on governance and economic development in eastern Europe”

Recommendation 1972 (2011) “The situation in Tunisia”

Recommendation 1973 (2011) “Asylum seekers and refugees: sharing responsibilities in Europe”

Recommendation 1975 (2011) “Living together in 21st-century Europe: follow-up to the report of the Group of Eminent Persons of the Council of Europe”

Recommendation 1976 (2011) “The role of parliaments in the consolidation and development of social rights in Europe”

Recommendation 1977 (2011) “More women in economic and social decision-making bodies”

Recommendation 1978 (2011) “Towards a European framework convention on youth rights”

Recommendation 1979 (2011) “Prenatal sex selection”

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

Recommendation 1981 (2011) “Violent and extreme pornography”

Recommendation 1982 (2011) “The impact of the Lisbon Treaty on the Council of Europe”

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

Recommendation 1984 (2011) “The protection of privacy and personal data on the Internet and online media”

Recommendation 1986 (2011) “The Declaration of Principles on Equality and activities of the Council of Europe”

Recommendation 1987 (2011) “Combating all forms of discrimination based on religion”

Recommendation 1988 (2011) “The underground economy: a threat to democracy, development and the rule of law”

Recommendation 1989 (2011) “Granting of participatory status to the international non-governmental organisation ANDANTE”

Recommendation 1990 (2012) “The right of everyone to take part in cultural life”

Recommendation 1991 (2012) “Guaranteeing the authority and effectiveness of the European Convention on Human Rights”

Recommendation 1992 (2012) “The situation in Belarus”

Recommendation 1993 (2012) “Protecting human rights and dignity by taking into account previously expressed wishes of patients”

Recommendation 1999 (2012) “Follow-up by the Committee of Ministers to the work of the Parliamentary Assembly”

Appendix 2

Guidelines for drawing up draft replies

The following guidelines for drawing up draft replies apply: 13

- the Deputies rely on the expertise available within the Deputies, the relevant Rapporteur Group and the Secretariat, in preparing replies to Assembly recommendations;

- a steering committee should be consulted where there is a need for technical expertise which is not available within the Secretariat;

- the Deputies should concentrate on giving timely replies to Recommendations (within 3 months whenever possible);

- the Secretariat places immediately on the agenda any Assembly recommendation for which sufficient elements for a reply were available;

- where recommendations are to be examined, and the replies to them, prepared by a Rapporteur Group, care should be taken to ensure that they are given priority treatment in that Rapporteur Group's order of business;

- priority should be given to final replies (taking stock of the situation while at the same time informing the Assembly of the intentions of the CM with regard to the specific proposals);

- priority should be given to substance rather than procedure;14

- draft replies shall be as short, concise and result-oriented as possible;

- comments or opinions on a recommendation requested by the CM from steering committees or other bodies may assist the CM in drafting its reply and are not, unless agreed otherwise, appended;

- during the preparation of draft replies to recommendations, the Chair of the Deputies and/or Rapporteur Groups should take the necessary steps, especially when there is disagreement on the substance, to advance work by conducting consultations with delegations.

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.

2 Time-limit for adoption of a reply: January 2012.

3 Time limit for adoption of a reply: April 2012.

4 Time limit for adoption of a reply: June 2012.

5 Time limit for adoption of a reply: June 2012.

6 Time limit for adoption of a reply: August 2012.

7 Time limit for adoption of a reply: August 2012.

8 Time limit for adoption of a reply: August 2012.

9 Time limit for adoption of a reply: August 2012.

10 Time limit for adoption of a reply: September 2012.

11 Time limit for adoption of a reply: October 2012.

12 Time limit for adoption of a reply: October 2012.

13 Cf. CM/Del/Dec(98)615, as amended by CM/AS(2003)Rec1567 final and CM(2011)96 final

14 Cf. CM(2009)142



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