Logo Assembly Logo Hemicycle

Review of action taken by the Committee of Ministers on Parliamentary Assembly Recommendations

Communication | Doc. 12291 | 15 June 2010

Author(s):
Committee of Ministers

Secretariat memorandum prepared by the Secretariat of the Committee of Ministers, examined at the 1070th meeting of the Ministers’ Deputies (18 November 2009)Note

On 25 November 2008 the Secretariat submitted to the Ministers' Deputies, on the basis of document CM(2008)143, a list of all the Recommendations adopted by the Parliamentary Assembly since the fourth part of its 2007 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 (34 Recommendations in all).

The present memorandum lists all the Recommendations adopted by the Parliamentary Assembly to which replies are still pending, up to and including Recommendation 1881 (2009) adopted at the third part of its 2009 Session (Strasbourg, 22-26 June 2009).

The Secretariat would draw attention to the Deputies’ commitmentNote at their 825th meeting (22 January 2003) (see Appendix 2) with regard to the adoption of replies to Assembly Recommendations. This commitment modifies the decisions adopted at the 615th meeting (20 January 1998) (see Appendix 3) by introducing new deadlines of less than six months whenever possible, instead of nine months, for replying. A footnote indicates the time limit for a reply to each Recommendation, set in accordance with this commitment.

Recommendation 1843 (2008) adopted by the Parliamentary Assembly on 30 September 2008

“Honouring of obligations and commitments by Bosnia and Herzegovina”

At their 1038th meeting (15 October 2008)Note, the Deputies communicated Recommendation 1843 to their governments.

The Rapporteur Group on Democracy (GR-DEM) has prepared a draft reply which will be submitted for adoption at the 1068th meeting of the Deputies (21 October 2009).

Recommendation 1845 (2008) adopted by the Parliamentary Assembly on 1 October 2008

“The situation of national minorities in Vojvodina and of the Romanian ethnic minority in Serbia”

At their 1038th meeting (15 October 2008)Note, the Deputies communicated Recommendation 1845 to their governments.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1846 (2008) adopted by the Parliamentary Assembly on 2 October 2008

“The consequences of the war between Georgia and Russia”

At their 1038th meeting (15 October 2008)Note, the Deputies communicated Recommendation 1846 to their governments. They agreed to examine this text in the framework of item 2.1 of their agenda “The Council of Europe and the conflict in Georgia”.

This is currently under consideration.

Recommendation 1849 (2008) adopted by the Parliamentary Assembly on 3 October 2008

“For the promotion of a culture of democracy and human rights through teacher education”

At their 1038th meeting (15 October 2008)Note, the Deputies communicated Recommendation 1849 to their governments. They agreed to communicate it to the Steering Committee for Education (CDED), to the Steering Committee for Education and Research (CDESR) and to the European Steering Committee on Youth (CDEJ), for information and possible comments by 31 December 2008.

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

Recommendation 1850 (2008) adopted by the Parliamentary Assembly on 28 November 2008

“Europe’s “boat-people”: mixed migration flows by sea into southern Europe”

At their 1044th meeting (10 December 2008)Note, the Deputies communicated Recommendation 1850 to their governments. They agreed to communicate it to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the European Committee on Migration (CDMG), the Steering Committee for Human Rights (CDDH) and the European Committee on Legal Co-operation (CDCJ) for information and possible comments by 15 March 2009.

A draft reply will be prepared by the Rapporteur Group on Social and Health Questions (GR-SOC) at its meeting on 12 November 2009 and subsequently by the Rapporteur Group on Human Rights (GR-H), for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1855 (2009) adopted by the Parliamentary Assembly on 27 January 2009

“The regulation of audiovisual media services”

At their 1048th meeting (11 February 2009)Note, the Deputies communicated Recommendation 1855 to their governments. They agreed to bring it to the attention of the Standing Committee on Transfrontier Television (T‑TT) asking the T-TT to provide information of follow-up given to it when submitting an amending protocol to the European Convention on Transfrontier Television. They also agreed to communicate it to the Steering Committee on the Media and New Communication Services (CDMC) and to the Cybercrime Convention Committee (T-CY), for information and possible comments by 15 April 2009.

At their 1069th meeting (4 novembre 2009), the Deputies will be invited to take note of information provided by the T-TT. At the same time, the Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1857 (2009) adopted by the Parliamentary Assembly on 28 January 2009

“The humanitarian consequences of the war between Georgia and Russia”

At their 1048th meeting (11 February 2009)Note, the Deputies communicated Recommendation 1857 to their governments. They agreed to examine this text in the framework of item 2.1 of their agenda “The Council of Europe and the conflict in Georgia”.

This is currently under consideration.

Recommendation 1858 (2009) adopted by the Parliamentary Assembly on 29 January 2009

“Private military and security firms and the erosion of the state monopoly on the use of force”

At their 1048th meeting (11 February 2009)Note, the Deputies communicated Recommendation 1858 to their governments. They agreed to communicate it to the Steering Committee for Human Rights (CDDH) and to the European Committee on Crime Problems (CDPC), for information and possible comments by 15 April 2009. They also agreed to transmit it to the European Commission for Democracy through Law (Venice Commission) for information and for it to be taken into account in its future work.

The Rapporteur Group on Legal Co-operation (GR-J) held a first discussion on the Recommendation at its meeting on 6 October 2009, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 1859 (2009) adopted by the Parliamentary Assembly on 29 January 2009

“Attitude to memorials exposed to different historical interpretations in Council of Europe member states”

At their 1048th meeting (11 February 2009)Note, the Deputies communicated Recommendation 1859 to their governments. They agreed to communicate it to the Steering Committee for Cultural Heritage and Landscape (CDPATEP) and to the Steering Committee for Education (CDED), for information and possible comments by 31 May 2009.

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

Recommendation 1860 (2009) adopted by the Parliamentary Assembly on 30 January 2009

“Electronic democracy”

At their 1048th meeting (11 February 2009)Note, the Deputies communicated Recommendation 1860 to their governments.

A draft reply was distributed to delegations on 13 October 2009 for possible comments by 26 October 2009.

Recommendation 1861 (2009) adopted by the Parliamentary Assembly on 30 January 2009

“Feminicides”

At their 1048th meeting (11 February 2009)Note, the Deputies communicated Recommendation 1861 to their governments. They agreed to communicate it to the European Committee on Crime Problems (CDPC) and to the Steering Committee for Equality between Women and Men (CDEG), for information and possible comments by 15 April 2009.

The Thematic Co-ordinator on Equality and Trafficking (TC-ET) has prepared a draft reply which will be examined by the Rapporteur Group on Legal Co-operation (GR-J) on 19 November 2009.

Recommendation 1863 (2009) adopted by the Parliamentary Assembly on 13 March 2009

“Environment and health: better prevention of environment-related health hazards”

At their 1052nd meeting (25 March 2009)Note, the Deputies communicated Recommendation 1863 to their governments. They agreed to communicate it to the European Health Committee (CDSP), to the European Committee of Social Rights (ECSR), to the European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) and to the European and Mediterranean Major Hazards Agreement (EUR-OPA), for information and possible comments by 30 June 2009.

The Deputies will examine a draft reply for possible adoption at their 1068th meeting on 21 October 2009.

Recommendation 1864 (2009) adopted by the Parliamentary Assembly on 13 March 2009

“Promoting the participation by children in decisions affecting them”

At their 1052nd meeting (25 March 2009)Note, the Deputies communicated Recommendation 1864 to their governments. They agreed to communicate it to the European Committee on Legal Co-operation (CDCJ), to the European Committee on Crime Problems (CDPC), to the European Steering Committee for Youth (CDEJ), to the Steering Committee for Education (CDED), to the European Commission for the Efficiency of Justice (CEPEJ) and to the Programme “Building a Europe for and with children”, for information and possible comments by 30 June 2009.

A draft reply for adoption at the Deputies’ 1070th meeting (4 November 2009) will be examined at a meeting organised by the Thematic Co-ordinator on Children (TC-ENF) on 22 October 2009.

Recommendation 1865 (2009) adopted by the Parliamentary Assembly on 27 April 2009

“The protection of human rights in emergency situations”

At their 1057th meeting (20 May 2009)Note, the Deputies communicated Recommendation 1865 to their governments. They agreed to communicate it 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 September 2009.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1866 (2009) adopted by the Parliamentary Assembly on 28 April 2009

“The situation of human rights defenders in Council of Europe member states”

At their 1057th meeting (20 May 2009)Note, the Deputies communicated Recommendation 1866 to their governments. They agreed to communicate it to the Steering Committee for Human Rights (CDDH), for information and possible comments by 15 September 2009.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1868 (2009) adopted by the Parliamentary Assembly on 28 April 2009

“Action to combat gender-based human rights violations, including abduction of women and girls”

At their 1057th meeting (20 May 2009)Note, the Deputies communicated Recommendation 1868 to their governments. They agreed to communicate it to the Steering Committee for Equality between Women and Men (CDEG), to the Steering Committee for Human Rights (CDDH), to the Ad hoc Committee on preventing and combating violence against women and domestic violence and to the Executive Council of the North South Centre, for information and possible comments by 15 September 2009.

The Thematic Co-ordinator on Equality and Trafficking (TC-ET), in co-operation with their Rapporteur Group on Human Rights (GR-H), will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1869 (2009) adopted by the Parliamentary Assembly on 29 April 2009

“The humanitarian consequences of the war between Georgia and Russia: follow-up given to Resolution 1648 (2009)

At their 1057th meeting (20 May 2009)Note, the Deputies communicated Recommendation 1869 to their governments. They agreed to examine this text in the framework of item 2.1 of their agenda “The Council of Europe and the conflict in Georgia”.

This is currently under consideration.

Recommendation 1871 (2009) adopted by the Parliamentary Assembly on 29 May 2009

“Ban on cluster munitions”

At their 1060th meeting (10 June 2009)Note, the Deputies communicated Recommendation 1871 to their governments. They agreed to communicate it to the Steering Committee for Human Rights (CDDH), for information. They also agreed to communicate it to the Committee of Legal Advisers on Public International Law (CAHDI), for information and possible comments by 30 September 2009.

The Rapporteur Group on Legal Co-operation (GR-J) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1872 (2009) adopted by the Parliamentary Assembly on 29 May 2009

“The rights of today’s girls: the rights of tomorrow’s women”

At their 1060th meeting (10 June 2009)Note, the Deputies communicated Recommendation 1872 to their governments. They agreed to communicate it to the Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO), for information. They also agreed to communicate it to the Steering Committee for Equality between Women and Men (CDEG), the European Committee on Crime Problems (CDPC) and the Steering Committee for Education (CDED), for information and possible comments by 30 September 2009.

The Rapporteur Group on Human Rights (GR-H), in co-operation with their Thematic Co-ordinator on Equality and Trafficking (TC-ET), will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1873 (2009) adopted by the Parliamentary Assembly on 29 May 2009

“Sexual violence against women in armed conflict”

At their 1060th meeting (10 June 2009)Note, the Deputies communicated Recommendation 1873 to their governments. They agreed to communicate it to the Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO), for information. They also agreed to communicate it to the Steering Committee for Equality between Women and Men (CDEG) and to the European Committee on Crime Problems (CDPC), for information and possible comments by 30 September 2009.

The Rapporteur Group on Human Rights (GR-H), in co-operation with their Thematic Co-ordinator on Equality and Trafficking (TC-ET), will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1874 (2009) adopted by the Parliamentary Assembly on 23 June 2009

“Situation in Belarus”

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1874 to their governments.

The Rapporteur Group on Democracy (GR-DEM) will examine a draft reply at its meeting on 12 November 2009.

Recommendation 1876 (2009) adopted by the Parliamentary Assembly on 24 June 2009

“The state of human rights in Europe: the need to eradicate impunity”

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1876 to their governments. They agreed to communicate it to the Steering Committee for Human Rights (CDDH), to the European Commission against Racism and Intolerance (ECRI) and to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), for information and possible comments by 31 October 2009. They also agreed to communicate it to the Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO) for information.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1877 (2009) adopted by the Parliamentary Assembly on 24 June 2009

“Europe’s forgotten people: protecting the human rights of long-term displaced persons”

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1877 to their governments and brought it to the attention of the European Union. They agreed to communicate it to the European Committee on Legal Co-operation (CDCJ), to the Steering Committee for Human Rights (CDDH) and to the European Committee on Migration (CDMG), for information and possible comments by 31 October 2009. They also agreed to communicate it to the Council of Europe Development Bank (CEB), to the Council of Europe Commissioner for Human Rights and to the Congress of Local and Regional Authorities of the Council of Europe, for information.

The Rapporteur Group on Legal Co-operation (GR-J), in co-operation with their Rapporteur Group on Democracy (GR-DEM), will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1878 (2009) adopted by the Parliamentary Assembly on 25 June 2009

“The funding of public service broadcasting”

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1878 to their governments. They agreed to communicate it to the Steering Committee on the Media and New Communication Services (CDMC), for information and possible comments by 31 October 2009.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Recommendation 1879 (2009) adopted by the Parliamentary Assembly on 25 June 2009

“Renewable energies and the environment”

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1879 to their governments. They agreed to communicate it to the Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT), for information and possible comments by 31 October 2009.

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

Recommendation 1880 (2009) adopted by the Parliamentary Assembly on 26 June 2009

“History teaching in conflict and post-conflict areas”

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1880 to their governments. They agreed to communicate it to the Steering Committee for Education (CDED), to the Steering Committee for Higher Education and Research (CDESR), to the Steering Committee for Culture (CDCULT), to the European Steering Committee for Youth (CDEJ) and to the European Centre for global interdependence and solidarity (North-South Centre), for information and possible comments by 31 October 2009.

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

Recommendation 1881 (2009) adopted by the Parliamentary Assembly on 26 June 2009

“The urgent need to combat so-called “honour crimes””

At their 1063rd meeting (8 July 2009)Note, the Deputies communicated Recommendation 1881 to their governments. They agreed to communicate it to the Committee on Crime Problems (CDPC), to the Steering Committee for Equality between Women and Men (CDEG) and to the Steering Committee for Human Rights (CDDH), for information and possible comments by 31 October 2009. They also agreed to communicate it to the Ad hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO), for information.

The Rapporteur Group on Human Rights (GR-H), in co-operation with the Thematic Co-ordinator on Equality and Trafficking (TC-ET), will prepare a draft reply for adoption at one of the Deputies’ forthcoming meetings.

Appendix 1 – List of Parliamentary Assembly Recommendations to which replies and/or follow-up was given

Recommendation 1797 (2007): “Missing persons in Armenia, Azerbaijan and Georgia from the conflicts over the Nagorno-Karabakh, Abkhazia and South Ossetia regions”

Recommendation 1808 (2007): “Assessment of transit and processing centres as a response to mixed flows of migrants and asylum seekers”

Recommendation 1809 (2007): “Member states’ duty to co-operate with the European Court of Human Rights”

Recommendation 1816 (2007): “Council of Europe Commissioner for Human Rights – stock-taking and perspectives”

Recommendation 1819 (2007): “Gender equality principles in the Parliamentary Assembly”

Recommendation 1821 (2007): “Code of Good Practice on Referendums”

Recommendation 1822 (2008): “Developments as regards the future status of Kosovo”

Recommendation 1823 (2008): “Global warming and ecological disasters”

Recommendation 1825 (2008): “Strengthening co-operation with the Maghreb countries”

Recommendation 1826 (2008): “The situation in the Republics of Central Asia”

Recommendation 1827 (2008): “The Council of Europe and its observer states – the current situation and a way forward”

Recommendation 1831 (2008): “European Muslim communities confronted with extremism”

Recommendation 1832 (2008): “Abuse of the criminal justice system in Belarus”

Recommendation 1833 (2008): “Promoting the teaching of European literature”

Recommendation 1834 (2008): “The accession of the European Union/European Community to the European Convention on Human Rights”

Recommendation 1835 (2008): “Sustainable development and tourism: towards quality growth”

Recommendation 1836 (2008): “Realising the full potential of e-learning for education and training”

Recommendation 1837 (2008): “The fight against harm to the environment in the Black Sea”

Recommendation 1838 (2008): “Empowering women in a modern, multicultural society”

Recommendation 1839 (2008): “The state of democracy in Europe – Specific challenges facing European democracies: the case of diversity and migration”

Recommendation 1840 (2008): “State of democracy in Europe – Measures to improve the democratic participation of migrants”

Recommendation 1841 (2008): “State of democracy in Europe – The functioning of democratic institutions in Europe and progress of the Assembly’s monitoring procedure”

Recommendation 1842 (2008): “Activities of the International Committee of the Red Cross (ICRC)”

Recommendation 1844 (2008): “Refreshing the youth agenda of the Council of Europe”

Recommendation 1848 (2008): “Indicators for media in a democracy”

Recommendation 1851 (2008): “Crafts and cultural heritage conservation skills”

Recommendation 1852 (2008): “Migration and Mobility in the Eurasian Region – Prospects for the future”

Recommendation 1853 (2008): “Involving men in achieving gender equality”

Recommendation 1854 (2009): “Access to rights for people with disabilities and their full and active participation in society”

Recommendation 1856 (2009): “Investigation of crimes allegedly committed by high officials during the Kuchma rule in Ukraine – the Gongadze case as an emblematic example”

Recommendation 1862 (2009): “Environmentally induced migration and displacement: a 21st century challenge”

Recommendation 1867 (2009): “Honouring of obligations and commitments by Serbia”

Recommendation 1870 (2009): “Protecting financial aid granted by Council of Europe member states to poor countries against financial funds known as “vulture funds””

Recommendation 1875 (2009): “Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules of Procedure)”

Appendix 2 – New deadlines for replying to Parliamentary Assembly Recommendations

825th meeting – 22 January 2003

Appendix 3 (extract)

(Item 1.6)

Reply to Parliamentary Assembly Recommendation 1567 (2002) on parliamentary scrutiny of international institutions

(Adopted by the Committee of Ministers on 22 January 2003 at the 825th meeting of the Ministers’ Deputies)

[…]

3. In response to the specific proposals put forward by the Parliamentary Assembly in paragraph 2 of Recommendation 1567, the Committee of Ministers agreed as follows:

[…]

v. With regard to improving transparency in the implementation of Assembly recommendations, the Committee of Ministers would draw attention to the substantial efforts made in this area since 1998, particularly with the introduction of a nine-month deadline to be observed, as far as possible, for replying to Assembly recommendations. The Committee of Ministers is aware that this target has not always been attained, but would also like to draw the Assembly’s attention to the many cases in which high priority has been given to the adoption of a reply well within the nine-month time limit, particularly in connection with the current political issues that are most important to the Council of Europe, in connection with which the Committee of Ministers usually communicates its views to the Parliamentary Assembly in time for the next part-session. In addition, information on the action the Committee of Ministers has taken on Parliamentary Assembly recommendations is regularly included in the written reports prepared by the chairmanship at each session, and a comprehensive report on this action is forwarded to the Assembly every year.

Against this background, the Committee of Ministers is ready to commit itself to making an additional effort so that replies can be adopted to Parliamentary Assembly recommendations in principal in time for the second part-session following that at which they were adopted, that is to say within a time-limit of less than six months (the nine-month time limit becoming a maximum for exceptional cases). It further considers that priority should go to giving more impetus to the already made efforts described above so that they can have their full impact in strengthening dialogue and communication between the Committee of Ministers and the Parliamentary Assembly, while being open to additional specific proposals for improvements.

Appendix 3 – Replies to Parliamentary Assembly RecommendationsNote

The Deputies, having emphasised the importance of rapidly adopting a reply to each Recommendation:

1. agreed in future to rely more often on the expertise available within the Ministers' Deputies, the relevant Rapporteur Group and the Secretariat, in preparing replies to Assembly Recommendations;
2. instructed the Secretariat to place immediately on their agenda any Assembly Recommendation for which sufficient elements for a reply were available;
3. decided, in the case of Assembly Recommendations not forwarded to a steering committee for opinion, to set a time-limit of nine months, after communication of those Recommendations to the Committee of Ministers, for adopting a reply (interim or final);
4. decided to adopt, when conducting their initial examination of the texts adopted by the Parliamentary Assembly, a reply common to all the texts, dealing with the procedure to be followed;
5. approved the following guidelines for the drawing up of draft replies to Recommendations:
  • 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 Committee of Ministers with regard to the specific proposals);
  • priority should be given to concise replies (concentrated on the political views of the Committee of Ministers; any technical opinions of other bodies could be added as appendices);
  • priority should be given to substance rather than procedure;
  • 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;
  • a steering committee should be consulted where there is a need for technical expertise which is not available within the Secretariat.