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Political rights and position of aliens

Recommendation 799 (1977)

Author(s):
Parliamentary Assembly
Origin
Assembly debates on 17 September 1976 and on 25 January 1977 (11th and 21st Sittings) (see Doc. 3834, report of the Committee on Population and Refugees). Text adopted by the Assembly on 25 January 1977 (21st Sitting).

The Assembly,

1. Considering that substantial numbers of aliens reside permanently or semi-permanently in Council of Europe member states ;
2. Observing that many of these persons have no means of playing any part in the political life of their countries of origin ;
3. Considering that, in matters which may be judged to be political, more or less strict limitations are imposed on the exercise by aliens of even the most elementary civil liberties, and that these restrictions tend to be particularly severe in the case of recognised refugees ;
4. Affirming its belief that, provided no individual is injured nor public order endangered, freedom of speech, assembly and association constitute fundamental human rights ;
5. Noting that the conditions of life and work of many aliens leave much to be desired, and that in these respects at least those concerned may legitimately insist that their voice be heard ;
6. Emphasising that many of those concerned are citizens of member states of the Council of Europe ;
7. Considering that certain member states of the Council of Europe have already extended to aliens considerable rights of participation in local political life ;
8. Recalling its Recommendation 712 (1973), on the integration of migrant workers with the society of their host countries, Recommendation 769 (1975), on the legal status of aliens, and Recommendation 773 (1976), on the situation of de facto refugees ;
9. Welcoming Resolution 85 (1976), adopted by the 11th Session of the Conference of Local and Regional Authorities of Europe,
10. Recommends that the Committee of Ministers :
a instruct the competent committee of experts to make detailed proposals for the establishment, where appropriate, of consultative councils to represent the views of aliens at the level of local authorities, and invite member governments, in the light of these proposals, to take all appropriate action to ensure the establishment of such councils ;
b invite member governments to examine the experience gained by countries which have already granted voting rights to aliens at the level of local authorities, and to consider granting such rights in their own countries to aliens having fulfilled a certain residence qualification ;
c instruct the competent committee of experts to make proposals for the amendment of the European Convention for the Protection of Human Rights and Fundamental Freedoms in such a way as to exclude restrictions at present authorised by Article 16 with respect to political activity on the exercise by aliens of the freedoms guaranteed by Article 10 (freedom of expression) and Article 11 (freedom of association).