Rapporteur Group on Human Rights

Strasbourg, 17 March 2011

Presentation by Lars O. Molin, President of the Monitoring Committee, Congress of Local and Regional Authorities of the Council of Europe

Mr Chairman,

Excellencies,

Ladies and Gentlemen,

First and foremost, I wish to express my gratitude for this opportunity to discuss with you the local and regional dimension of human rights. Ever since the Congress introduced it as a priority in its work last year, there was a certain degree of confusion about the role of local and regional authorities in human rights implementation, and about the Congress position on this matter. I have an impression that there is a misunderstanding on this issue, and I will be pleased to clarify our position, and to answer your questions.

As Congress Rapporteur on human rights, I’ve often been asked: “Why is the Congress getting involved with this issue?” In fact, the Congress is not new to human rights. We have been working on this question for years, even though with less visibility. It is the Forum for the Future of Democracy in Sigtuna in 2007, on the interdependence of democracy and human rights, that boosted our reflection process. And it is the seminar on human rights implementation at local level in October 2008, followed by the international conference on the same subject in November 2008, that truly gave us a second wind in our efforts.

It is important to underline that these efforts fit perfectly well with the Council of Europe reform launched by Secretary General Jagland, that puts a special emphasis on the transversal nature of human rights.

For us in the Congress, this transversal nature has always been self-evident. It is our conviction that the exercise of human rights in our societies is only successful to the extent that the political, economic and social conditions existing in our communities allow for it. Let us bear in mind that the universe of human rights today has become extremely diverse, involving political, civil, social, economic, cultural and religious rights, minority rights, women’s rights, children’s rights – in short, this is a long list.

It is clear that adopting “good laws” in parliaments is not nearly enough to guarantee respect for human rights. It is also the fact that today, national governments, through their human rights structures, have to respond to the situation already existing on the ground, and to interact with local and regional authorities on putting in place appropriate practices. The transfer of competences to local and regional level, made possible by the European Charter of Local Self-Government and its principle of subsidiarity, gives real and concrete content to the responsibilities at local and regional level, including in matters of human rights.

It is also the Charter of Local Self-Government that states in its Preamble – to which no reservation is possible – that local authorities are one of the main foundations of any democratic regime, and that reinforcement of local self-government represents an important contribution to the construction of a Europe based on principles of democracy. One of these principles is, of course, respect for human rights, which makes local authorities an integral part in building a democratic, human rights-based society.

Let us ask ourselves, without referring to any particular situation, but as food for thought: if city authorities ban a demonstration, are they not directly involved in the exercise of the freedom of assembly? And if they ban posters from being placed in the city because of their content, is it not an infringement on the freedom of expression? And if action by the municipal police is brought before the European Court of Human Rights, is it not a matter of concern for local authorities? I will stop here, but I could give many other examples.

I could also refer to the direct responsibilities of local and regional authorities in matters of religious rights – building places of worship, protecting religious sites, ensuring conditions for the observance of religious traditions. And let us not forget a whole range of social rights, access to which is ensured to a great extent by local and regional authorities: allocation of housing, regulations for local employment, access to health care services and to schooling, and even to higher education in certain regions – I could continue with this list.

Let us ask ourselves another question: do national authorities really prefer to deal alone with this vast universe of human rights, or would they rather have partners at all levels of governance in addressing these issues?

We in the Congress strongly believe that human rights are a shared responsibility. This was the essence of our resolution and recommendation on the role of local and regional authorities in human rights implementation, which we adopted last March. We are convinced that the culture of human rights must be embedded at the level of our communities.

Not only the conditions must exist for the effective exercise of human rights at local and regional level, but our citizens must also be aware of their rights and be able to actively defend them. It is therefore for local and regional authorities to promote this awareness and create appropriate conditions for human rights implementation. Fewer violations of human rights at grassroots will mean less recourse to the judicial system and eventually to the European Court of Human Rights, which is fully in the spirit of the Interlaken process.

The Congress sees its activities for human rights as its contribution to these efforts, and I wish to thank, on behalf of the Congress, the Ad Hoc Working Group on the follow-up process to the Interlaken Declaration, and its President, for actively pursuing it.

Our position is also shared and supported by the Council of Europe Commissioner for Human Rights, Thomas Hammarberg. In his Viewpoint of March 2009, he wrote (and I quote): “The human rights approach at the local level empowers patients, pupils, the elderly, the homeless and others to claim their rights and, thereby, improve their situation. It is closely related to good governance. Local politicians and public officials should seize the opportunity to enhance the quality of life in their communities by implementing human rights in their ordinary work” – end of quote. And he has reiterated this on many occasions since then.

And yet, not all authorities at grassroots are fully aware of this opportunity and their role. However, it is encouraging to see many of them “waking up” to the idea. Many municipalities today have joined an initiative called human rights cities. Many cities – such as Paris, Barcelona, Salzburg and others – have appointed deputy mayors responsible for the protection and promotion of human rights and/or established local ombudsmen. I could give you examples of local human rights departments, such as in Austria, or good local practices in Slovenia with regard to the treatment of Roma and other nomadic populations.

The Congress encourages and promotes such practices, in particular the creation of offices of local and regional human rights ombudsmen. We are also seeking to ensure the sharing of these experiences. Our approach is focused on awareness-raising and promotion of human rights at the grassroots level, on making sure that local and regional authorities are seized of the human rights situation in their communities. In fact, there is no room for the Congress to monitor human rights. We simply do not have the mandate for that. But there is room and needs to promote human rights and awareness.

To do that, we are convinced that our country visits are one of the best tool for us to discover the human rights situation in communities. Through these visits, we can pinpoint and examine the problem first-hand in the very community where it exists. At the same time, we can see on the ground the best practices in trying to solve this problem. Country visits give us an opportunity to enter into a dialogue with all the relevant stakeholders that may have concrete proposals and possible solutions, knowing best the needs of their communities. We also stress the need for local authorities to takee care of these issues, so to speak. In the long run, this will also help us to develop country-specific and targeted indicators for human rights implementation. Here we want to work together with the Commissioner for Human Rights, certainly with you, the Committee of Ministers and with the Fundamental Rights Agency of the EU.

Ladies and Gentlemen,

In conclusion, I would like to refer briefly to the Congress recommendation on human rights implementation, adopted in March 2010.

In this recommendation, we have highlighted in particular the need to provide the necessary budgeting and training for human rights implementation, establish independent complaints mechanisms at local level, enforce guarantees of equal access to public services, and ensure a system of their quality control.

I have been often asked: what specific action can national governments take for local level, and how much would it cost? To begin, I think national authorities could provide and support the human rights training for local and regional elected representatives and their staff. National governments should also develop national strategies or action plans aimed at improving the human rights situation and inclusion at local and regional level. No substantial costs are expected. Think of the savings that this action will bring. Better protection of the rights of our citizens and more opportunities for them to exercise their rights are certainly the outcomes we all wish for.

As Congress Rapporteur on human rights, in my second report, I will propose to develop guidelines to be able to target our work on areas where more human rights promotion and awareness-raising are needed. This will be a follow-up to our earlier report on human rights implementation at local and regional level.

In the preparation of these reports, I have been meeting with a wide range of interlocutors at all levels that were very supportive of Congress efforts. Within the Council of Europe, I have met with different actors in the intergovernmental sectors, the Commissioner for Human Rights, representatives of the European Commission against Racism and Intolerance and of the European Court of Human Rights, to name but a few. I have been driven by my conviction that the issue of human rights implementation at local and regional level stems directly from the principles of the European Charter of Local Self-Government, and is part and parcel of the Charter’s implementation.

I am certainly pleased to see that this approach is shared by the Fundamental Rights Agency of the European Union, which reached out to the Congress in planning its own joined-up governance approach to human rights implementation. It is also encouraging that the Conference of Ministers responsible for local and regional government has added the question of human right on the agenda of its forthcoming session in Kyiv.

In conclusion, I would like to stress once again to make it clear: the Congress is monitoring the implementation of the European Charter of Local Self-Government, and we will also promote human rights and awareness-raising at local and regional level. We will not, and we do not want to duplicate the activities of other Council of Europe bodies in the field of human rights. 

Thank you.